San Clemente City Council
June 4, 2024

440
City Council Special and Regular Meeting Minutes May 21, 2024

3. Approve the purchase of two (2) replacement Programmable Logic Controllers (PLCs) and installation materials from OneSource Distributors, as a sole source vendor for Allen Bradley components, and low bidder on other materials, based on the attached fixed price quotes.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11H. REQUEST FOR SPECIAL EVENT PARTNERSHIP AGREEMENT WITH THE

HAWAIIAN SURF CLUB OF SAN ONOFRE FOR THE ANNUAL POLYNESIAN

FESTIVAL
Motion by Councilmember Loeffler, second by Councilmember Knoblock, CARRIED 5-0, to adopt Resolution No. 24-77, which will approve, and authorize the City Manager to execute, Contract No C24-25, a Partnership Agreement, by and between the City of San Clemente and the Hawaiian Surf Club of San Onofre for the waiver of all rental fees, not to exceed $2,175 annually.

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

12. Oral Communications (Part 2)
Tony Rubolino narrated a PowerPoint presentation concerning the California Firing Line publication's response to the City's Safe Gun Storage Ordinance No. 1773. A hard copy of the presentation is on file with the City Clerk.

City Council Request for Correspondence
The City Council requested that the City Manager provide them with the correspondence from Michel & Associates as referenced in Mr. Rubolino's presentation.

13. Future Agenda Items
None.

14. Reports
A. Commissions and Committees
None.

B. Council Subcommittee Updates
None.

C. City Attorney
None.

441
City Council Special and Regular Meeting Minutes May 21, 2024 D. City Manager
City Manager Executed Contracts
City Manager Hall announced that he executed the following contract under his authority:

1. Coastal Frontiers for coastal engineering and consulting services in an amount not to exceed $25,000.

15. Adjournment
Motion by Councilmember Loeffler, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to adjourn at 7:46 p.m. The next Regular Meeting will be held on June 4, 2024. Closed Session will begin at 5:00 p.m.The Business Meeting will commence at 6:00 p.m. The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

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

_______________________________
MAYOR of the City of
San Clemente, California
_______________________________
CITY CLERK of the City of
San Clemente, California
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2nd Floor
San Clemente, California
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Meeting Date: June 4, 2024 Agenda Item: (1)

..ag endizedby
..end
Subject:
..titl e
PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF 04-23-2024 ..body ..recommendation
..end
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Meeting Date: June 4, 2024 Agenda Item: (2)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
HUMAN AFFAIRS COMMITTEE REGULAR MEETING MINUTES OF MAY 14, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
449

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

HUMAN AFFAIRS COMMITTEE
MAY 14, 2024

1. CALL TO ORDER/ROLL CALL
Vice Chair Edone called the Regular Meeting of the City of San Clemente Human Affairs Committee to order on May 14, 2024, at 3:38 p.m. The meeting was held at San Clemente City Hall, First Floor Community Room located at 910 Calle Negocio, San Clemente, California.

Committee
Members Present: Chair Lisa Edone, Vice Chair Rosemary Salas, and Members Stuart Anderson, Cord Bauer, and Tyler Boden
Committee
Members Absent: Dick Veale
Guests: None
Staff Present: Adam Atamian, Community Development Director Tamara Tatich, Office Specialist

2. PLEDGE OF ALLEGIENCE
The Pledge was led by Member Anderson.

3. APPROVAL OF MINUTES
A. Receive and file Minutes from the March 12, 2024 Adjourned Meeting of the Human Affairs Committee.

MOTION BY MEMBER ANDERSON, SECONDED BY VICE CHAIR SALAS AND CARRIED 5-1, MEMBER VEALE ABSENT, to approve the minutes from the March 12, 2024 Meeting of the Human Affairs Committee, as submitted.

4. SPECIAL OR PUBLIC PRESENTATION
None.

5. UNFINISHED BUSINESS AND UPDATES
Chair Edone explained the process of the Committee working with the City Council liaisons.
450

Minutes of the Regular Meeting of the Human Affairs Committee of May 14, 2024 A. Human Affairs Committee Work Plan FY 2023-24 Updates Project: - Community Resource Fair
Work group: Chair Edone, Member Anderson.

Chair Edone updated the Committee on the details of the Community Resource Fair on May 23, 2024, and announced that 25 providers were registered to participate.

Project: – Update Resource Registry on City website
Work group: Chair Edone, Member Anderson.

Chair Edone stated the information would be updated following the Fair.

Project: - Mentorship Program
Work group: Member Boden, Vice Chair Salas, Member Bauer.

Chair Edone stated she and Vice Chair Salas would be approaching local businesses to see if they would allow students to participate in a “day in the life” at those businesses.

Vice Chair Salas discussed the need for background checks for those working with youth.

Member Boden suggested collaborating with the Chamber of Commerce and Boys and Girls Club. He discussed the issue with workforce development occurring when organizations work independently.

Chair Edone requested an update for the Council liaisons. Member Boden confirmed that he would prepare a summary of long-range goals and potential impact and suggested grant funding for a mentorship program.

Project: - Every 15 Minutes DUI Simulation
Work group: Vice Chair Salas, Chair Edone, and Member Anderson.

Chair Edone suggested a middle school program related to e-bikes.

Project: - SCHS Humanitarian Award
Work group: Vice Chair Salas, Member Boden.

Chair Edone discussed the interviews and proposed awards and recognitions.

Project: - Reach out to Residents - AI Questionnaire for the Community Work group: Member Bauer, Member Anderson.
451

Minutes of the Regular Meeting of the Human Affairs Committee of May 14, 2024 Member Bauer stated the instructions had been written.

Member Anderson explained why there were 20 proposed questions.

Member Bauer reviewed the proposed topics and sample questions with the members.

Chair Edone stated the Council liaisons requested matters already being addressed, such as sand, not be included in the questionnaire.

Community Development Director Atamian suggested obtaining feedback from the Council liaisons on dissemination of questions.

Chair Edone discussed a public inquiry regarding the process.

Project: - Dorothy Visser Senior Center Improvements
Work Group: Member Veale.

Chair Edone stated the project was completed.

Project: – Community Development Block Grants
Work group: Vice Chair Salas, Member Anderson.

Community Development Director Atamian announced that the City was receiving $317,000 in the next fiscal year for Block Grants (CDBG).

Project: - Character Counts Program
Work group: Member Boden, Member Anderson.

Member Boden stated he met with Character Counts Director Jason Lamping and Truman Benedict Elementary School Principal Mike Brant, and indicated a potential San Clemente Schools training if funds can be fund to support the program. He stated he would try to raise funds through the Rotary Club.

Chair Edone indicated the Council liaisons requested quantification of the goals and overall summary.

Member Boden stated there was desire and feasibility for the program, and the next steps were implementation. He indicated his goal to reinstate Character Counts in the elementary schools, which could be developed into the middle and high schools.
452

Minutes of the Regular Meeting of the Human Affairs Committee of May 14, 2024 Project - Overall Homelessness Strategy/Solutions for Change Work group: Member Anderson, Member Bauer, Member Veale.

Member Bauer provided a spreadsheet on data gathered from local cities’ websites and discussed the email sent to each police department.

Member Anderson discussed the need for more shelter beds.

Chair Edone stated the Council liaisons requested tangible output for solutions to address homelessness; if the Committee had obtained best practices from other cities to address long term homelessness; and if there were any recommendations in line with what the City is already doing. Member Bauer discussed efforts to obtain information without impeding the ongoing City efforts.

Member Anderson discussed his unsuccessful efforts to gather information on other cities’ shelter programs and the impact on point in time counts.

Vice Chair Salas discussed concerns in the City of Newport Beach.

Member Bauer discussed homeless programs and numbers in Laguna Beach.

Member Anderson explained the available shelter beds in the City of San Clemente.

Chair Edone discussed requirements of the various beds in the City. She explained the services of the Community Outreach Workers.

Member Bauer discussed the success of City staff on providing homeless services.

Chair Edone discussed the importance for full support for wrap around services.

Community Development Director Atamian discussed the tri-city efforts of Laguna Hills, Rancho Santa Margarita, and Mission Viejo for outreach workers. He suggested summarizing the findings of the Committee for City Council review. He stated the point in time count information was available and he expressed concern with the results. He referenced the Dana Point document on addressing homelessness.

6. NEW BUSINESS
None.
453

Minutes of the Regular Meeting of the Human Affairs Committee of May 14, 2024

7. ORAL AND WRITTEN COMMUNICATION
None.

8. COMMUNICATIONS FROM COMMITTEE MEMBERS AND STAFF
Chair Edone urged attendance at the Resource Fair on May 23, 2024.

Member Boden announced the South Orange County Rotary Clubs Mental Health Awareness Walk on May 18, 2024, at the Outlets.

Community Development Director Atamian provided information on the CDBG grant fund allocations. He announced the Budget Open House from 4-6:30 p.m., on May 23, 2024.

Community Development Director Atamian discussed the Council’s request for additional detail and a shorter, focused program. He discussed timing for the Annual Work Plan.

ADJOURNMENT
CHAIR EDONE ADJOURNED THE MEETING AT 5:02 P.M. TO THE REGULAR HUMAN AFFAIRS COMMITTEE MEETING TO BE HELD ON JUNE 11, 2024, AT 3:30 P.M. AT SAN CLEMENTE CITY HALL, FIRST FLOOR COMMUNITY ROOM, LOCATED AT 910 CALLE NEGOCIO, SAN CLEMENTE, CALIFORNIA.

Respectfully submitted,
______________________________
Lisa Edone, Chair
Attest: ______________________________
Adam Atamian, Community Development Director
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Meeting Date: June 4, 2024 Agenda Item: (3)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF MAY 23, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
455

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING

OF THE ZONING ADMINISTRATOR
MAY 23, 2024
San Clemente City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, California 92673

1. CALL TO ORDER
Zoning Administrator Adam Atamian called the Regular Meeting of the City of San Clemente Zoning Administrator to order on May 23, 2024 at 3:02 p.m. The meeting was held in the First Floor Community Room of City Hall, 910 Calle Negocio, San Clemente, California.

Staff Present: Adam Atamian, Zoning Administrator
Christopher Wright, Lead Project Planner
Tamara Tatich, Office Specialist

2. MINUTES
A. Received and filed Minutes from the Zoning Administrator Regular Meeting of April 4, 2024.

3. ORAL AND WRITTEN COMMUNICATION
None.

4. PUBLIC HEARING
A. Development Permit 24-039, Berube Addition & Remodel, 316 Avenida Sierra
The Zoning Administrator will consider the request for a Development Permit (DP) 24-039 to expand the living area of a residence greater than 50 percent according to zoning standards and maintain nonconforming front and garage setbacks.

Staff recommends that the project be found Categorically Exempt from CEQA pursuant to State CEQA Guidelines §15301 (Class 1:

Existing Facilities).

Lead Project Planner Christopher Wright summarized the staff report, and introduced Martin Berube, applicant and property owner who was available to answer any questions. Mr. Berube had nothing to add to the staff report.

Zoning Administrator Atamian opened the public hearing. 456
Minutes of the Zoning Administrator Regular Meeting May 23, 2024 Page 2 Zoning Administrator Atamian stated he inspected the site, taking into account the public right-of-way, and reviewed the plans and materials.

Zoning Administrator Atamian called out a new sidewalk asking if it is proposed as part of the sidewalk because the project evaluation is more than $50,000. Staff confirmed that the standard condition of approval is in the resolution. Zoning Administrator Atamian explained that the existing garage setback is non-conforming reducing the space for parking a vehicle. There are Currently no issues with parking over the sidewalk since this property will be the only with a sidewalk; however, parking over the sidewalk will be prohibited when the sidewalk along the neighboring properties becomes contiguous.

Having no further questions, Zoning Administrator Atamian closed the public hearing.

Zoning Administrator Atamian thanks staff for a thorough report and thanked the applicant for investing in the City of San Clemente.

Zoning Administrator Atamian stated he can make the findings for a Development Permit due since the proposed addition complies with the development standards; the project will not create any view impacts in the public right-of-way; the existing non-conformity is not an issue; the Addition being on the rear of the residence maintains the existing street scene; and there are some aspects of the project that will bring it further into compliance with the current code.

Zoning Administrator Atamian determined the project Categorically Exempt from CEQA pursuant to State CEQA Guidelines §15301 (Class 1: Existing Facilities).

Action: The Zoning Administrator adopted Resolution ZA24-007, approving Development Permit 24-039, Berube Residence at 316 Avenida Sierra, subject to the Conditions of Approval.

5. NEW BUSINESS
None

6. OLD BUSINESS
None
457
Minutes of the Zoning Administrator Regular Meeting May 23, 2024 Page 3

7. ADJOURNMENT
The meeting adjourned at 3:12 p.m. to the Regular Meeting of the Zoning Administrator, which will be held Thursday, June 6, 2024 at 3:00 p.m. at Community Development Department, City Hall, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,

SAN CLEMENTE ZONING ADMINISTRATOR
__________________________________
Adam Atamian, Zoning Administrator
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2nd Floor
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Meeting Date: June 4, 2024 Agenda Item:
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3042 through 3047 and Warrant Nos.
596155 through 596359, paid on
5-3-24, in the amount of $1,217,585.34
..end
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Meeting Date: June 4, 2024 Agenda Item:
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3048 through 3049 and Warrant Nos.
596360 through 596470, paid on
5-10-24, in the amount of $4,274,487.90
TOTAL WARRANT REGISTER $5,492,073.24 ..end
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Meeting Date: June 4, 2024 Agenda Item:
..ag endizedby
..end
Subject:
..titl e
Warrant No. 932, Automatic Deposit
Advises 93671 through 94009,
for the period 4-15-24 through 4-28-24,
paid on 5-3-24, in the amount of $493,573.25
TOTAL PAYROLL REGISTER $493,573.25 ..end
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AGENDA REPORT

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CITY COUNCIL MEETING
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Meeting Date: June 4, 2024 Agenda Item: 11D.

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

CONSIDERATION OF A RESOLUTION AWARDING A PROFESSIONAL SERVICES AGREEMENT TO MICHAEL BAKER INTERNATIONAL FOR THE UPDATE OF THE CITY’S

LOCAL HAZARD MITIGATION PLAN (LHMP), AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENT AND APPROVING AN APPROPRIATION IN THE AMOUNT OF $98,750 ..body
Fiscal Impact:

A budget appropriation, not to exceed $98,750.00, is being requested to account # 001-441- 43695-000-00000 for Fiscal Year 2023-24.

Summary:

Hazard mitigation planning reduces loss of life and property by minimizing the impact of disasters. It begins with state, county, and local governments identifying natural disaster risks and vulnerabilities that are common in the area. Additionally, when applying for certain types of non-emergency disaster assistance, the Federal Emergency Management Agency (FEMA) requires local jurisdictions applying for such funds to have a current hazard mitigation plan. The Federal Disaster Mitigation Act of 2000, requires a local hazard mitigation plan to be updated and approved by FEMA every five years.

The City of San Clemente maintains a Natural Hazard Mitigation Plan, last dated September 3, 2004. In order to ensure compliance with FEMA regulations required for the City to be eligible to receive FEMA grant funds, the City must undertake an update of its hazard mitigation plan, now referred to as a Local Hazard Mitigation Plan (LHMP). This type of emergency planning document requires a significant amount of specialized subject-matter expertise, as this effort will involve comprehensive research and analysis to align the City’s LHMP with FEMA's most recent Local Multi-Hazard Mitigation Planning Guidance, which became effective on April 19, 2023. City staff will require assistance from a contracted firm that can provide such expertise. City staff recommend contracting with Michael Baker International (MBI) to accomplish this update. To facilitate this request, the Council is asked to approve, and authorize the City Manager to execute, a contract in the amount of $98,750.00 with MBI and corresponding budget appropriation.

Background:

The City maintains a Natural Hazard Mitigation Plan, last dated September 3, 2004. The 2004 plan was locally adopted on January 18, 2005, through City Council Resolution #05-06. The plan was FEMA approved as evidenced by a FEMA Region IX Approval Letter dated February 14, 2005. The Federal Disaster Mitigation Act of 2000, P.L. 106-390, 44 CFR Section 201.6, requires 483
Meeting Date: June 4, 2024 Agenda Item: 11D.

CITY OF SAN CLEMENTE 2
a Local Hazard Mitigation Plan to be updated and FEMA approved every five years. There are no records that the 2004 plan was updated and FEMA approved as required by P.L. 106-390, 44 CFR Section 201.6.

Discussion:

Updating the LHMP will enable the City to apply for hazard mitigation funding to address potential hazards identified in the LHMP. Additionally, the updated LHMP will enhance the City’s ability to proactively acknowledge and locate hazards efficiently, thereby improving our overall hazard preparedness and resilience. These plans also help cities to identify long-term strategies for risk reduction with input from stakeholders and the public, and identify cost-effective mitigation actions that focus resources on the greatest risk areas.

Pursuant to City Policy 201-2-3, City staff conducted a Request For Proposals to facilitate the selection of a professional services contractor to carry out the update of the LHMP. Staff researched whether any local companies could perform this work and proposals were solicited from 5 consulting firms experienced in developing LHMPs. The anticipated completion timeframes of the proposals varied between 5 and 14 months, with proposed costs varying between $75,000 and $186,400. MBI’s proposal included the shortest timeframe to completion and an overall project cost that was consistent with the lower end of the proposals. Furthermore, in staff’s interviews with the firms, MBI staff demonstrated exceptional knowledgeability and previous success in developing, and acquiring FEMA-approval, of LHMPs in California. City staff found the MBI proposal to be of the highest quality, and after careful consideration of all proposals submitted, determined that their proposal was the most advantageous to the City for this particular project. City staff’s recommendation is based on the combination of various factors including experience of the firm, understanding of the project, proposed timeline of the project, and cost, etc.

MBI’s proposal outlines a streamlined schedule capable of delivering a draft LHMP as soon as five months, facilitating earlier eligibility for FEMA hazard mitigation grant resources once the document is approved by the California Governor’s Office of Emergency Services (CalOES) and FEMA. Their methodology ensures that mitigation actions are strategically aligned with available funding, including FEMA grant programs.

This initiative will be a multi-task effort that will include the following project aspects:

Task 1.0: LHMP Planning/Development Process
Task 2.0: Risk and Vulnerability Assessment
Task 3.0: Hazard Mitigation Plan Strategy and Maintenance Task 4.0: Monitoring, Implementation and Continued Public Involvement Task 5.0: LHMP Focused Community Outreach
Task 6.0: Plan Draft and Public Review
Task 7.0: Public Hearings and Adoption
This comprehensive approach will ensure that the City’s LHMP is updated efficiently and effectively, establishing the groundwork for securing necessary mitigation funding and enhancing our community’s resilience against future hazards. By being proactive in acknowledging and 484
Meeting Date: June 4, 2024 Agenda Item: 11D.

CITY OF SAN CLEMENTE 3
locating potential hazards, the City will be better positioned to protect its residents and infrastructure.

Council Options:
 Consider adopting Resolution No. 24-80, which would approve the Professional Services Agreement with Michael Baker International for the Local Hazard Mitigation Plan Update (LHMP)
 Modify and adopt Resolution No.24-80.
 Continue the Item and provide staff with alternative direction.  Do not approve the Professional Services Agreement with Michael Baker International for the Local Hazard Mitigation Plan Update (LHMP)
Environmental Review/Analysis:

Not a “project” under the California Environmental Quality Act Guidelines Section 15378 (14 CCR 15378). Entering into a contract with a professional services contractor to update the City’s Local Hazard Mitigation Plan has no potential result in either a direct or physical change in the environment or a reasonably foreseeable indirect physical change in the environment. The draft Local Hazard Mitigation Plan document will undergo environmental review pursuant to CEQA prior to any future approval by the City Council.

Recommended Actions:

Staff Recommendation ..recommendation
City staff recommends that the City Council Adopt Resolution No. 24-80 to do the following:

1. Award the Professional Services Agreement, provided as Attachment 2, for the Local Hazard Mitigation Plan Update to Michael Baker International; and

2. Authorize an appropriation, not to exceed $98,750.00, to account # 001-441-43695-000-00000 for Fiscal Year 2023-24; and

3. Authorize the City Manager to execute the Professional Services Agreement with Michael Baker International, provided as Attachment 2, for an amount not to exceed $98,750.00. ..endAttachment:

1. Resolution No. 24-80

2. Professional Services Agreement with Michael Baker International 485
ATTACHMENT 1
RESOLUTION NO. 24-80

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

PROFESSIONAL SERVICES AGREEMENT TO MICHAEL
BAKER INTERNATIONAL FOR THE UPDATE OF THE CITY’S

LOCAL HAZARD MITIGATION PLAN (LHMP), AUTHORIZING

THE CITY MANAGER TO EXECUTE THE AGREEMENT IN
AN AMOUNT NOT TO EXCEED $98,750 AND APPROVING A

RELATED APPROPRIATION IN THAT AMOUNT
WHEREAS, the City maintains a Natural Hazard Mitigation Plan, last dated September 3, 2004. The 2004 plan was locally adopted on January 18, 2005, through City Council Resolution #05-06. The plan was FEMA approved as evidenced by a FEMA Region IX Approval Letter dated February 14, 2005; and
WHEREAS, the Federal Disaster Mitigation Act of 2000, P.L. 106-390, 44 CFR Section 201.6, requires a Local Hazard Mitigation Plan (LHMP) to be updated and FEMA approved every five years. There are no records that the 2004 plan was updated and FEMA approved as required by P.L. 106-390, 44 CFR Section 201.6; and WHEREAS, in order for the City of San Clemente to be eligible to receive certain FEMA hazard-mitigation grant funds, the City is required to have an LHMP approved by the California Governor’s Office of Emergency Services (CalOES) and FEMA within the last 5 years; and
WHEREAS, an updated LHMP will enhance the City’s ability to proactively acknowledge and locate hazards efficiently, thereby improving the City’s overall preparedness and resilience; and
WHEREAS, this type of emergency planning document requires a significant amount of specialized subject-matter expertise, as this effort will involve comprehensive research and analysis to align the City’s LHMP with FEMA's most recent Local MultiHazard Mitigation Planning Guidance, which became effective on April 19, 2023; and WHEREAS, pursuant to City Policy 201-2-3, in March and April 2024, City staff conducted a Request for Proposals (RFP) to facilitate the selection of a professional services contractor to carry out the update of the LHMP; and WHEREAS, after careful consideration of the proposals submitted in response to the City’s RFP, City staff found the Michael Baker International (MBI) proposal to be of the highest quality, and determined that their proposal was the most advantageous to the City for this particular project. City staff’s recommendation is based on the combination of various factors including experience of the firm, understanding of the project, proposed timeline of the project, and cost, which was fair and reasonable; and 486
Resolution No. 24-80 Page 2
WHEREAS, MBI’s proposal outlines a streamlined schedule capable of delivering a draft LHMP as soon as five months, facilitating earlier eligibility for FEMA hazard mitigation grant resources once the document is approved by the California Governor’s Office of Emergency Services (CalOES) and FEMA; and
WHEREAS, the City Council considered the professional services agreement with MBI for the update of the City’s Local Hazard Mitigation Plan (LHMP) at a duly noticed public City Council meeting on June 4, 2024.

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

Section 1. The above recitals are true and correct and incorporated herein by reference.

Section 2. A Professional Services Agreement for updating the City’s Local Hazard Mitigation Plan is hereby awarded to Michael Baker International.

Section 3. The City Manager, or the City Manager’s designee, is authorized and directed to facilitate a budget appropriation, not to exceed $98,750.00, to account # 001- 441-43695-000-00000 for Fiscal Year 2023-24.

Section 4. The City Manager, or the City Manager's designee, is authorized and directed to execute a Professional Services Agreement with Michael Baker International, in an amount not to exceed $98,750.00 in a form substantially similar to that presented to the City Council on June 4, 2024.

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

PASSED AND ADOPTED this _____ day of ____________________, 2024.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
487
Resolution No. 24-80 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-80 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_____________________________
Elizabeth A. Mitchell, City Attorney
488
Attachment 2

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this Click or tap here to enter text. day of Click or tap here to enter text., 2024, 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 Michael Baker International, a Pennsylvania corporation doing business in the State of California at 5 Hutton Center Drive, Suite 500, Santa Ana, California ("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 Local Hazard Mitigation Plan Update (LHMP) 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 Local Hazard Mitigation Plan Update (LHMP) 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 consulting services for the Local Hazard Mitigation Plan Update (LHMP) 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 Local Hazard Mitigation Plan Update (LHMP) consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from June 17, 2024 to June 30, 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 two additional oneyear terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the 489
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means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

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

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

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

Force Majeure. Neither party shall be liable for any failure to perform or any impairment to its performance to the extent such failure or impairment is caused by (i) any act of God, fire, flood, natural catastrophe, labor dispute or strike or shortage, national or state emergency, epidemic or pandemic, insurrection, riot, act of terrorism, war, or act of government, and/or (iii) any other event, occurrence or circumstance beyond the reasonable control of either party (each, a “Force Majeure Event”) and such party gives notice of the Force Majeure Event within ten (10) days together with a description of the anticipated impairment or failure and its duration and such 490
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party resumes performs immediately upon conclusion of the Force Majeure Event.

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

3.2.5 Conformance to Applicable Requirements. All work prepared by Consultant shall be in accordance with the Standard of Care as stated in this Agreement, subject to the City’s determination of conformance to such applicable requirements.

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

3.2.7 City's Representative. The City hereby designates Adam Atamian, Community Development Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").

City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.8 Consultant's Representative. Consultant hereby designates Richard Beck, Vice President and Todd McIntyre, Vice President or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative").

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

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

3.2.10 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant represents that all employees and subconsultants 491
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shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

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

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

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

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

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed NINETY-EIGHT THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($98,750.00) 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 492
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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 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. 493
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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. City may not terminate this Agreement for cause without giving the Consultant notice and at least a ten (10) day opportunity to cure. 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: Michael Baker International
5 Sutton Centre Drive, Suite #500
Santa Ana, CA 92707
ATTN: Richard Beck, Vice President and Todd McIntyre, Vice President
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Adam Atamian, Community Development Director
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.
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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 that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

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

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

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

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

3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party 495
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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 approval), indemnify the City, its directors, officials, officers, employees, volunteers and agents from third-party claims, demands, causes of action, costs (including attorney fees), fees, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent caused by the active or passive negligence, act, error, or omission illegal 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. Consultant’s obligation to indemnify shall not be restricted by any insurance provisions nor limited by availability of insurance proceeds.

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

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

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

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

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

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

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

3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its 496
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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 represents 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 represents 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 representation, 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.

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 represents that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.22 Counterparts/Electronic Signatures. This Agreement may be signed in 497
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counterparts, each of which shall constitute an original. This Agreement may be signed with the same force and effect as original ink signatures.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

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:________________________________
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Andy Hall, City Manager
ATTEST: Dated: __________________, 2024
____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization

Michael Baker International Holdco Corporation,
a Pennsylvania Corporation (CONSULTANT)
By:_____________________________
Richard Beck, Vice President
Dated: __________________, 2024
By:_____________________________
Todd McIntyre, Vice President
Dated: __________________, 2024
EXHIBIT "A"

SCOPE OF SERVICES
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TASK 1.0: LHMP PLANNING/DEVELOPMENT PROCESS
Consultant will conduct a kick-off meeting (virtual) with City’s Project Management Team to review and refine the proposed scope of work, anticipated project schedule, communications protocol, and deliverables, discuss staff expectations, and have an initial discussion of data needs and the community outreach approach. Consultant will lead and facilitate this meeting, including the preparation of meeting agendas, topics of discussion, and meeting minutes. The discussion will focus on the required research and analysis to prepare the LHMP and ensure consistency with FEMA's Local Multi-Hazard Mitigation Planning Guidance published on April 19, 2022. Within ten days of the kick-off meeting, Consultant will prepare a meeting summary with project objectives, action items, project schedule, milestones, and anticipated dates for public meetings.

As part of the kick-off meeting, Consultant will assist City’s Project Management Team with the identification and organization of background resource documents. Applicable resource documents to be identified may include, but are not limited to, the previous LHMP, existing Capital Improvement Plans, Emergency Operations Plan/Emergency Action Plans, General Plan Safety Element, Coastal Resiliency Plan, Sea Level Rise Vulnerability Assessment, San Clemente Nature-Based Adaptation Project Feasibility Study: Subtask 2.2 - Critical Erosion Hotspots Report, Coastal Strategic Plan, Climate Action Plan, and any other hazard-related assessments.

City shall provide Consultant with GIS facility data, along with any mapped hazard-related data for use in identifying vulnerabilities. At this time, sensitive data shall be identified as confidential and will be excluded from publicly accessible documents. Consultant will conduct a comprehensive review of all existing planning documents provided by City.

Deliverables
• Kick-Off Meeting agenda and summary (electronic)
• Formal schedule (electronic)
• List of data requirements and data review (electronic) TASK 2.0: RISK AND VULNERABILITY ASSESSMENT
The purpose of the risk assessment is to account for changed vulnerabilities of identified natural and human-caused hazards, including climate change. Results from the risk assessment will form the foundation for the mitigation strategy. Consultant will conduct the risk assessment stepby-step, beginning with development of hazard profiles, and concluding with an analysis of vulnerabilities and capabilities.

Task 2.1: Hazard Identification and Profiles
Consultant will prepare hazard profiles updates, based on input received by the City’s Project Management Team and LHMP stakeholders. Each profile will include a definition of the hazard, location and extent of past occurrences, the probability of future occurrences, and climate change considerations, as appropriate. Preparation of the hazard profiles and risk assessment will include GIS mapping of relevant hazards (those that can be mapped) and analysis to determine areas of potential susceptibility within the planning area.

Consultant takes a unique approach to profiling and incorporating climate change into the LHMP. In recognizing that many natural hazards (flood, drought, etc.) are closely related to climate change, Consultant integrates an in-depth analysis of this correlation on a hazard by hazard basis. The climate change impacts will focus on localized hazards to the planning area rather than the global impacts. This prevents redundancy in the LHMP and allows for all potential impacts and/or vulnerabilities to be evaluated with consideration for climate change. 500
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Task 2.2: Hazard Mapping
Consultant will prepare GIS base maps and develop hazard mapping to support the hazard profiles. Location-based hazard data will be captured in a GIS database compatible with City systems. The Consultant team will work with City to identify available GIS data and determine accuracy and appropriateness for hazard profiling. Current and newly created (as needed) data will be used to develop mapping products to illustrate location, extent, severity, and other information for potential hazards within the planning area. The preparation of maps will be concurrent with development of hazard profile updates.

Concurrent with preparation of the hazard maps, Consultant will assist City in updating the critical facilities list as part of the risk assessment. For purposes of the LHMP, critical facilities will focus on community lifelines, such as essential infrastructure and other City real estate assets. While critical facilities will be shown in map form, a separate list will be created for inclusion in the LHMP; preparation of this list is a vital component of the hazard mitigation planning process. Information needed from City includes building and content valuation to assist with the quantification of potential losses.

Task 2.3: Vulnerability Assessment
Upon completion of the hazard profiles, Consultant will prepare a vulnerability assessment, using the approved critical facilities list and hazard profiles. The vulnerability assessment will consist of an analysis overlaying these two data sets and identifying the facilities that are vulnerable to the profiled hazards. The vulnerability assessment will include the following, based on data availability:
• Types/numbers of buildings, infrastructure, and critical facilities located within identified hazard areas.
• An inventory of all repetitive flood loss structures, as defined by FEMA, if applicable. • Description of land uses and development trends to advise future land use decisions.

The results will be presented in tables identifying facilities/infrastructure and relevant hazards most likely to affect these facilities. Exhibit maps will correspond to this latest information. Upon completion, both the hazard profiles and vulnerability assessment will be presented to City’s Project Management Team and stakeholders for review and comment.

In addition, Consultant will evaluate the impacts of natural hazards to vulnerable populations.

Consultant will work with City to identify any formally designated Disadvantaged Communities (DACs) or Socially Vulnerable Populations (SVPs) within the planning area. Consultant will conduct a thorough analysis of vulnerable populations within the planning area to better inform mitigation actions directed at increasing capabilities and capacities to assist or respond during a disaster incident. Hazus modeling and loss estimation using Hazus is specifically excluded from this scope; such modeling can be conducted for City under a separate scope and fee.

Task 2.4: Capabilities Assessment
A capabilities assessment is a comprehensive review of all the various policies, plans, programs, and procedures that assist in hazard mitigation activities. This section provides an understanding of the capabilities and tools currently available to the planning area, as well as local, state, federal agencies, that contribute to hazards reduction. The LHMP stakeholders will help identify capabilities to inform the planning process.

Deliverables
• Hazard Identification and Profiles (Word Document)
• Hazard Mapping (PDF, jpeg)
• Vulnerability Assessment (Word Document)
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• Capabilities Assessment (Word Document)
TASK 3.0: HAZARD MITIGATION PLAN STRATEGY AND MAINTENANCE PROCESS Drawing on the hazard identification, analysis, and assessment of vulnerability and capabilities in the community, the Consultant team will prepare a mitigation action strategy for the planning area. The team will engage the LHMP stakeholders and City staff in development and review of goals and mitigation actions.

Task 3.1: Identify LHMP Goals
Working with the LHMP stakeholders, goals will be identified to ensure adequate communication of desired end states and provide a foundation for meaningful hazard mitigation actions. Goals will define the long-term outcomes City would like to achieve with the LHMP.

Task 3.2: Develop/Confirm Mitigation Strategies and Actions The Consultant team will develop a comprehensive range of potential mitigation actions, that will reduce the impacts of each profiled hazard. Mitigation actions will be developed with consideration for potential future state or federal funding through capital improvement bond programs and/or mitigation grant programs. Based on FEMA guidance, mitigation actions and projects refer to hazard mitigation action, activity, process, or physical project designated to reduce or eliminate the long-term risks from hazards. Mitigation actions are intended to reduce risk to existing buildings and infrastructure, as well as limit any risk to new development and redevelopment.

Task 3.3: Mitigation Action Prioritization and Matrix
Consultant will develop mitigation actions based upon discussions and feedback from City and LHMP stakeholders. Consultant will develop a process to prioritize identified mitigation actions, such as consideration of the following:
• Social acceptance of the mitigation action
• Technical feasibility of the mitigation action
• Administrative staffing, funding, and maintenance required for the mitigation action • Political acceptability of the mitigation action
• Legal authority to implement the mitigation action or other legal concerns • Economic benefit of the mitigation action (including cost effectiveness) • Environmental impact of the mitigation action
Mitigation strategy prioritization and implementation will be discussed as part of the LHMP Project Team meeting. Consultant will work with the LHMP Project Team to identify the following information as part of the mitigation actions table:
• Responsible Department(s): The agency/department which will be responsible for the action identified.
• Potential Funding Source: Sources of future funding that can be used to implement the action.
• Priority: General priority of the action (high, medium, low), based on team input. • Relative Cost: The relative cost to implement the action, based on cost categories determined by the LHMP Project Team.

Mitigation actions without internal City funding sources will be marked and brought to the attention of the City’s Project Management Team. The Consultant team of public finance experts will review mitigation actions to identify appropriate funding resources, including grants, bonds, or low interest loans. Identified grants will not be limited to Cal OES/FEMA programs, but will evaluate the comprehensive suite of local, state, and federal funding options available to City. The timing, availability, and competitiveness of each funding resource will be evaluated to inform mitigation action prioritization.
• Hazard Mitigation Goals (Word Document)
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• Develop Mitigation Strategies and Actions (Word Document) • Mitigation Action Prioritization and Matrix (Word Document) TASK 4.0: MONITORING, IMPLEMENTATION AND CONTINUED PUBLIC INVOLVEMENT Consultant will establish a plan maintenance process, including how City will monitor, evaluate, implement, and update the LHMP Consultant will prepare a chapter that identifies the process to ensure the plan is implemented and maintained over the five-year plan period. The chapter will also describe how the mitigation plan elements will be incorporated into other planning mechanisms, as well as how the public will continue to remain involved throughout the future planning process.

Deliverables
• Plan Maintenance and Monitoring Process (Word Document) • Continued Public Involvement Strategy (Word Document) TASK 5.0: LHMP FOCUSED COMMUNITY OUTREACH
The community engagement below is recommended as a minimum to meet Cal OES/FEMA requirements for the LHMP preparation process. Each outreach effort will be thoroughly documented for incorporation into the LHMP Appendix, including meeting presentations, agendas, pictures, and minutes. Additional workshops or focus groups can be added through an additional scope and fee.

Task 5.1: Community Survey
Consultant will develop an online survey, compile survey results, and provide a detailed summary of input received. The survey will be provided through SurveyMonkey®. The survey will include multiple- choice questions, ranking/rating scales, and open-ended questions, all specifically designed to inform the LHMP planning process. Consultant will coordinate with the City’s Project Management Team to make the survey link available on City's website. City will be responsible for distributing and promoting the survey through the E-newsletter, email list servs, and/or social media.

Deliverables
• Community Survey Link (Survey Monkey, electronic)
• Community Survey Summary (Word Document, PDF)
Task 5.2: Web Content and Graphics
Online outreach provides a cost-effective means for reaching stakeholders and interested members of the public throughout the process. Consultant will develop web content and graphics that can be used on City’s website or on a webpage that is specifically dedicated to the LHMP. The webpage content will provide information about the LHMP, including the planning process, meeting dates, access to community outreach summaries and draft plan documents when available. Website visitors will have an opportunity to provide input and comment on the LHMP or ask questions. City will be responsible for disseminating information on the plan process through City’s webpage and social media.
• Three community outreach graphics, including notices of availability for public review documents (jpeg)
• Webpage text content (Word Document)
Note: The task does not include creating, designing, and maintaining the website. It is assumed that Consultant will only supply the website content. If City would like Consultant to create a separate webpage using platforms such as Squarespace, Consultant will provide a separate scope and budget for the added task.
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Task 5.3: Stakeholder Meeting #1 – Virtual
Consultant will host a virtual meeting and presentation focused on the LHMP preparation to kick-off the plan development process. Consultant will work with City to identify key stakeholders to participate in the LHMP preparation process. Recommended stakeholders include internal City staff members (such as representatives from Community Development, Public Works, Parks and Recreation, and Finance & Administration Departments) and external stakeholders (City Public Safety contracted service providers, Utility providers, local school districts, nonprofits, and NGOs). In addition, the updated FEMA regulatory guidance requires the stakeholder group to include major employers and organizations that serve vulnerable populations in the planning area, such as the American Red Cross. Consultant will conduct desktop research to identify potential organizations/representatives for participation as a stakeholder on the LHMP update.

City will be responsible for inviting stakeholders to participate to each meeting. Consultant will introduce hazard mitigation and the process, explain roles and responsibilities, provide a hazard overview, and conduct preliminary stakeholder data collection. This meeting will require two hours of participation.

Deliverables
• Facilitation of one stakeholder meeting via Zoom virtual meeting or similar platform • One meeting presentation and content (PowerPoint)
• One agenda (PDF)
• One meeting summary (PDF)
Task 5.4: Focus Group Meetings #1 - #4 – Virtual
After Stakeholder Meeting #1, Consultant will organize individuals into four small groups for focused discussion regarding the LHMP preparation. Consultant will discuss preliminary results of the risk assessment, solicit feedback on critical facilities, and develop mitigation actions.

Consultant will also solicit additional data and resources to the benefit of the LHMP update.

Each focus group will cover similar topics, but tailor questions/content to the specific participants and their professional experience. After the focus group meetings have concluded, Consultant will fold input received into the LHMP.

Deliverables
• Facilitation of four focus group meetings via Zoom virtual meeting or similar platform • Four meeting presentations and content (PowerPoint)
• Four agendas (PDF)
• Four meeting summaries (PDF)
Task 5.5: Stakeholder Meeting #2 – Virtual
Consultant will host a final virtual stakeholder meeting and presentation to discuss the results/findings of each focus group, the LHMP content, prioritize mitigation actions and develop a plan maintenance process. After this meeting has concluded, Consultant will distribute a draft LHMP to participating stakeholders for review and comment. Necessary and appropriate comments will be incorporated into the LHMP.

Deliverables
• Facilitation of one stakeholder meeting via Zoom virtual meeting or similar platform • One meeting presentation and content (PowerPoint)
• One agenda (PDF)
• One meeting summary (PDF)
Task 5.6: Community Education Workshop #1 – In Person
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Consultant will facilitate one (1) workshop or pop-up event to solicit in-person input and educate the public about the LHMP preparation process. Consultant team will work with City’s Project Management Team to identify the appropriate outreach method, location, and timing to maximize input from the community. A minimum of three Consultant staff members will attend. If desired by City, Consultant will work with City’s Project Management Team to facilitate the necessary information for City staff to conduct additional workshops and/or pop-up events, at the City’s cost and time, and provide additionally-solicited in-person input to Consultant for inclusion in the LHMP, as discussed in this paragraph below. Consultant will design one promotional piece to publicize the opportunity to participate. The promotional piece will be provided to City for review, and one round of revisions is assumed. City will be responsible for the dissemination of the promotional piece through City website, social media platform, newsletters, printed mailings, or other methods. All outreach activities will be thoroughly documented with sign-in sheets, summaries, and pictures, for incorporation into the LHMP per Cal OES and FEMA requirements.

Deliverables
• Facilitation of one community workshop, including Spanish interpretation services • One meeting presentation and content (including activity-based opportunities to solicit input)
• One agenda (PDF)
• One sign-in sheet (PDF)
• One meeting summary (PDF)
TASK 6.0: PLAN DRAFT AND PUBLIC REVIEW
Task 6.1: Prepare Admin Draft LHMP For City Project Management Team Review Upon completion of the preceding tasks, Consultant will compile the information into an electronic administrative draft version of the LHMP. The draft LHMP will include all required components, clearly responding to federal guidance for hazard mitigation plans, including documentation of the planning process. City’s Project Management Team will be responsible for collecting and providing comments to Consultant at the end of the review period. Then, LHMP Project Team comments (as applicable) will be incorporated to prepare a public review draft document.

Task 6.2: Prepare Public Review Draft LHMP
Consultant will incorporate one consolidated set of comments/revisions on the administrative draft version of the LHMP and prepare the public review draft LHMP. The draft document will be made available to the public for any comment and feedback to be incorporated into the LHMP prior to submitting to Cal OES and FEMA for review. The public review draft LHMP will also be distributed to relevant stakeholders and members of the public for comment. Consultant anticipates a minimum 14-day public review period, with the LHMP made available on City's website.

Task 6.3: Prepare Plan Submittal For CAL OES/FEMA Review After the public review period has completed, Consultant will initiate the Cal OES/FEMA review process for LHMP approval. This process requires draft plan submittal to Cal OES/FEMA prior to adoption by the local jurisdiction. As such, Consultant will compile all comments received on the public review draft LHMP for inclusion as an appendix item and revise the LHMP, as necessary. The revised draft LHMP will then be submitted to Cal OES for initial review; the Consultant team will address any comments/concerns from Cal OES before the final LHMP is submitted to FEMA for formal review. Consultant will also prepare the FEMA Hazard Mitigation Plan Review Tool that will accompany the Cal OES and FEMA submission. 505
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Task 6.4: Obtain Conditional Approval Pending Adoption From FEMA If comments are provided by Cal OES and/or FEMA, requiring LHMP revisions, the Consultant team will revise the LHMP prior to adoption by the City Council. If revisions are necessary, Consultant will work with Cal OES and FEMA and perform all necessary follow-up tasks to ensure an "approvable pending adoption" (APA) determination.

Deliverables
• Administrative Draft LHMP (Word Document, PDF)
• Public Review Draft LHMP (Word Document, PDF)
• Cal OES LHMP Submittal (Word Document, PDF)
• FEMA LHMP Submittal (Word Document, PDF)
• Conditional Approval Pending Adoption Letter from FEMA (PDF) TASK 7.0: PUBLIC HEARINGS AND ADOPTION
Once the LHMP has received an APA determination, Consultant will assist City’s Project Management Team with presenting the final LHMP to City Council for adoption. As required by FEMA, the City Council must formally approve the LHMP by resolution within one calendar year of receipt of FEMA APA designation. Consultant will also assist City’s Project Management Team in presenting the LHMP for approval by resolution. A minimum of two Consultant staff members will attend the City Council’s hearing to adopt the LHMP by resolution. After adoption by resolution, Consultant will submit the final LHMP to FEMA. Five Final hard copies of the final LHMP will be transmitted to City.

Deliverables
• Attendance at one City Council Meeting (two staff members) • Informational Presentation and handouts (PowerPoint, PDF) • Formal approval letter from FEMA (PDF)
• Five hard copy LHMPs (printed)
EXHIBIT "B"

SCHEDULE OF SERVICES
Consultant anticipates an approximate five-month schedule for preparation of the LHMP update.

The schedule for key LHMP deliverables is included below. 506
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• Project Kick-Off Meeting: Notice to Proceed (NTP) + 1 Week (on or about June 17, 2024)
• Stakeholder Meeting #1: NTP + Month 2 (on or about September 1, 2024) • Focus Group Meetings #1 - #4: NTP + Month 3 (on or about October 1, 2024) • Stakeholder Meeting #2: NTP + Month 4 (on or about November 1, 2024) • Draft LHMP delivery to City: NTP + Month 5 (on or about December 1, 2024) • Draft LHMP submittal to Cal OES/FEMA: NTP + Month 5 (on or about December 1, 2024)
Consultant will prepare a detailed project schedule prior to the project kick-off meeting under Task

1. Consultant will submit the LHMP to Cal OES/FEMA for review and approval. Both Cal OES and FEMA have variable review periods, dependent on the plan review backlog, as well as the timing of natural hazard events outside of both Consultant and City control. Consultant frequently coordinates with both agencies and has personal relationship with plan checkers. While a specific or exact timeframe for review cannot be guaranteed, Consultant leverages these existing relationships to ensure a timely plan check effort.
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EXHIBIT “C”

INSURANCE REQUIREMENTS

3.2.12 Insurance.

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

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General
Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence.
(C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions):

Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. (E) Cyber Liability Insurance with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently 508 4885-5628-2561 v3 21
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broad to respond to the duties and obligations as is undertaken by Contractor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

3.2.12.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials,
officers, employees, 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 nonpayment 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 nonpayment 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:
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(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 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 self-insured 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.
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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. If the Consultant carries insurance with coverages or limits beyond the minimum requirements set forth herein, those coverages and limits shall be available.

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
Consultant will complete these services for a fixed fee not-to-exceed $98,750.00. A detailed cost breakdown by task is included as Attachment A.

In full compensation for the services provided under this Agreement, the City shall pay the Consultant for work actually performed at the following hourly rates (See Attachment A):

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Attachment A
Detailed Cost Proposal by Task
Principal in Planner II Planner I GIS Analyst
$200 $170 $200 $125 $110 $115

1.0 LHMP PLANNING/DEVELOPMENT PROCESS1.0 LHMP Planning/Development Process 2 8 2 8 8 282.0 RISK AND VULNERABILITY ASSESSMENT2.1 Hazard Identification and Profiles 2 8 2 16 40 682.2 Hazard Mapping 2 2 8 20 322.3 Vulnerability Assessment 2 8 2 10 8 12 422.4 Capabilities Assessment 2 8 103.0 HAZARD MITIGATION PLAN STRATEGY3.1 Update LHMP Goals 2 2 6 103.2 Develop/Confirm Mitigation Strategies and Actions 8 2 12 40 623.3 Mitigation Action Prioritization and Matrix 2 10 2 12 20 464.0 MONITORING, IMPLEMENTATION AND CONTINUED PUBLIC INVOLVEMENT4.0 Monitoring, Implementation and Continued Public Involvement 6 8 8 225.0 COMMUNITY ENGAGEMENT5.1 Community Survey 2 4 12 185.2 Web Content and Graphics 2 4 8 4 185.3 Stakeholder Meeting #1ͲVirtual 8 2 8 8 4 305.4 Focus Group Meetings #1Ͳ#4ͲVirtual 18 2 16 20 565.5 Stakeholder Meeting #2ͲVirtual 8 2 8 8 4 305.6 Community Education Workshop #1ͲIn Person 16 4 8 30 4 626.0 PLAN DRAFT AND PUBLIC REVIEW6.1 Prepare Admin Draft LHMP for Project Management Review 2 8 2 20 20 8 606.2 Prepare Public Review Draft LHMP 2 8 2 20 20 526.3 Prepare Plan Submittal for Cal OES/FEMA Review 2 2 2 20 20 466.4 Obtain Conditional Approval Pending Adoption from FEMA 8 2 107.0 PUBLIC HEARINGS AND ADOPTION7.0 Public Hearings and Adoption 2 10 2 6 20TOTAL HOURS 16 144 34 194 278 56 722LABOR COSTS BY TASK

OTHER DIRECT COSTS (ODC)
TOTAL COST $98,750
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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____
Michael Baker International Holdco Corporation,
a California Corporation
(CONSULTANT)
By: ________________________________
Richard Beck
________________________________
Vice President
________________________________
5 Sutton Centre Drive, Suite #50
Santa Ana, CA 92707
515
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: June 4, 2024 Agenda Item: 11E.

Submitted By: Finance and Administrative Services
Prepared By: Jake Rahn, Finance Manager
Subject:
..titl e

CONSIDERATION OF A RESOLUTION APPROVING THE FLEET MAINTENANCE SERVICES AGREEMENT AMENDMENT EXERCISING THE FIRST FIVE (5) YEAR EXTENSION OPTION ..body
Fiscal Impact:

The annual cost for FY 2023-24 is $570,000 with future years adjusted by the consumer price index per the terms of the agreement.

Summary:

Before the City Council is a resolution authorizing the execution of the first five (5) year extension option with First Vehicle Services for continued Fleet Maintenance Services.

Background:

The City’s fleet services program transitioned from in-house vehicle maintenance services to contracted services in 1994 awarding the contract to First Vehicle Services. Upon expiration of the original agreement in 2014, staff presented a Fleet Maintenance Services evaluation paper that assessed industry best practices, pricing structure, performance metrics, fleet replacement policies and overall contractual obligations that resulted in a new agreement with First Vehicle Services with available options through 2034.

First Vehicle Services has proven to be a valuable service provider for the maintenance of our fleet. Through the course of the agreement, they have demonstrated reliability, industry knowledge and acquired substantial expertise in City operations. The initial term of the agreement has concluded and staff is recommending exercising the first of two (2) five (5) year extension options for continued fleet maintenance services.

Council Options:
 Adopt Resolution 24-81, which will approve and authorize the City Manager to execute an amendment to the Maintenance Services Agreement with First Vehicle and authorize future extensions.
 Modify and adopt Resolution 24-81.
 Continue the item with direction to staff to provide additional information.  Deny the request for an amendment to the Maintenance Services Agreement with First Vehicle Services and provide specific direction to staff. 516
Meeting Date: June 4, 2024 Agenda Item: 11E.

CITY OF SAN CLEMENTE 2
Environmental Review/Analysis:

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

Recommended Actions:

Staff recommends City Council adopt Resolution 24-81 which will:
..recommendation

1. Approve and authorize the City Manager to execute an amendment to the Maintenance Services Agreement with First Vehicle Services formally exercising the five (5)-year extension option with an annual cost for FY 2023-24 of $570,000 with future years adjusted by the consumer price index per the terms of the Agreement; and

2. Authorize the City Manager to exercise future options with pricing not to exceed the annual CPI adjustment.
..end
Attachment:

1. 1st Amendment Fleet Maintenance Services Agreement

2. Resolution No. 24-81

3. Original Fleet Maintenance Services Agreement
Notification:

None.
517

FIRST AMENDMENT TO

MAINTENANCE SERVICES AGREEMENT FOR

FLEET MAINTENANCE SERVICES
This First Amendment to Maintenance Services Agreement for Fleet Maintenance Services (this “First Amendment”) is made and entered into on this ____day of ________, 2024, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and Transdev Fleet Services, Inc. f/k/a First Vehicle Services Inc., a Delaware corporation (“Contractor”).

R E C I T A L S:

A. City and Contractor entered into that certain Maintenance Services Agreement for Fleet Maintenance Services (the “Agreement”) on June 17, 2014 with an Initial Term of ten (10) years that is set to expire on June 30, 2024. The Agreement provides for renewals in two (2) five (5) year increments.

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

C O V E N A N T S:

1. The first Renewal Term in Article III Section B of the Agreement is hereby exercised commencing on the expiration of the Initial Term, and shall continue for five (5) years through June 30, 2029.

Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect.

DocuSign Envelope ID: FFEF7DC0-527B-4D9D-9E0B-A7E1554939CA Attachment 1
518
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be duly executed on the respective dates set forth opposite of their signatures.

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

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization
Transdev Fleet Services, Inc., f/k/a First
Vehicle Services, Inc. (CONTRACTOR”)
By:_____________________________

Dated: __________________
By:_____________________________

Dated: __________________
DocuSign Envelope ID: FFEF7DC0-527B-4D9D-9E0B-A7E1554939CA 5/3/2024
5/2/2024
Jennifer Green, Vice President of Finance
George Cavelle, Regional Vice President
519
Attachment 2
4865-2498-4682 v1
RESOLUTION NO. 24-81

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE CITY

MANAGER TO EXECUTE AN AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH FIRST
VEHICLE SERVICES EXERCISING THE FIRST FIVE (5)-

YEAR EXTENSION OPTION AND AUTHORIZING FUTURE

EXTENSION
WHEREAS, on June 17, 2014, the City of San Clemente (“City”) and First Vehicle Services entered into a Maintenance Services Agreement (“Agreement”) for Fleet Maintenance Services; and
WHEREAS, the initial term of the Maintenance Services Agreement for Fleet Maintenance Services will expire on June 30, 2024; and
WHEREAS, the Agreement provides for renewals in two (2) five (5) year increments; and
WHEREAS, the City wants to continue Fleet Maintenance Services with First Vehicle Services and doing so is in the best interests of the City and the public.

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

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

SECTION 2. That the City Manager is authorized and directed to execute an amendment to the Maintenance Services Agreement for Fleet Maintenance services formally exercising the first five (5) year extension option in a form substantially similar to that presented to the City Council on June 4, 2024.

SECTION 3. That the City Manager is authorized to exercise the second option in the Agreement in his discretion with pricing not to exceed the annual CPI adjustment per the terms of the Agreement.

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

PASSED AND ADOPTED this _____ day of _______, 2024.
520
Resolution No. 24-81 Page 2
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. 24-81 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of ______ 2024, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________.
_______________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
521
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910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: June 4, 2024 Agenda Item: 11F.

Submitted By: Public Works
Prepared By: Julie Schmidt, Management Analyst II
Subject:
..titl e

CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A

REGIONAL CONTRACT BETWEEN THE SOUTH ORANGE COUNTY WASTEWATER AUTHORITY (SOCWA), POLYDYNE, INC., AND SOCWA ENTITIES FOR SUPPLY OF

POLYMER TO THE WATER RECLAMATION PLANT FOR WASTEWATER TREATMENT,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT, AUTHORIZING THE

PUBLIC WORKS DIRECTOR TO APPROVE UP TO FOUR ONE-YEAR RENEWALS, AND

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

The funding for the supply of Polymer to the City’s Water Reclamation Plant for wastewater treatment was approved in the Fiscal Year 2023-24 Budget in the Sewer Operating Fund, Account Number 054-472-42150 in the amount of $230,000. For the Fiscal Year 2024-25 Budget, $230,000 is also proposed for Polymer, and additional funding for any contract renewals will be proposed as part of the City’s annual budget process for future fiscal years.

Summary:

Polymer is a chemical necessary for separating water from solids during the wastewater treatment process. Once the two components of wastewater are separated, it improves the treatment process by isolating solids and treating liquids to leave behind clean water, ready for safe disposal, for use as reclaimed water for irrigation, or for other industrial uses.

The City Council is being asked to approve the City entering into a regional contract with SOCWA, Polydyne, Inc., and SOCWA entities for a one-year term for the supply of Polymer to the City’s Water Reclamation Plant (WRP) for wastewater treatment, and to authorize the Public Works Director to approve up to four one-year renewals to the contract for amounts not to exceed the approved budget amounts for this chemical in each appropriate fiscal year. The Agenda Item from the SOCWA Board of Directors Meeting on May 2, 2024 related to this contract can be found in Attachment 3.

Background:

The City of San Clemente partners with SOCWA and other agencies that are collectively referred to as SOCWA entities in the joint contract (including El Toro Water District, Santa Margarita Water District, City of San Clemente, Moulton Niguel Water District, and Trabuco Canyon Water District) to purchase wastewater treatment chemicals, and SOCWA entities have a long history of partnering to purchase bulk chemical supplies to reduce costs. 566
Meeting Date: June 4, 2024 Agenda Item: 11F.

CITY OF SAN CLEMENTE 2
The current Polymer chemical contract that the City participates in through SOCWA and Polydyne, Inc. expired on June 1, 2024. SOCWA staff conducted a Request for Quote (RFQ) process that involved contacting the known vendors in the area that responded to recent requests for Polymer proposals in Southern California. Three vendors were contacted and two quotes were received and determined to be compliant. One vendor declined to propose. Polydyne, Inc. provided the lowest pricing and represents no price increases from the current contract, as the Polymer market has stabilized since the chemical was last bid. This pricing will be fixed for the initial 1-year term of the contract. The remaining four optional one-year renewals will be negotiated at the expiration of each term.

Council Options:
 Adopt Resolution No. 24-82, authorizing the City to enter into a regional contract between the South Orange County Wastewater Authority (SOCWA), Polydyne, Inc., and SOCWA entities for supply of Polymer to the Water Reclamation Plant for wastewater treatment, authorizing the City Manager to execute the contract, authorizing the Public Works Director to approve up to four one-year renewals, and finding the project categorically exempt from the California Environmental Quality Act.
 Modify and adopt Resolution No. 24-82.
 Continue the item and direct staff to provide additional information.  Deny Resolution No. 24-82 and deny the approval of the purchase of Polymer through the joint contract.

Environmental Review/Analysis:

Staff recommends that the City Council determine this action to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) and Class 7 (Actions by Regulatory Agencies for Protection of Natural Resources, 14 CCR section 15307) of the State CEQA Guidelines. A notice of exemption will be filed with the County of Orange Recorder's Office. (See Attachment 4).

Recommended Actions:

Staff Recommendation ..recommendation
STAFF RECOMMENDS THAT the City Council adopt Resolution No. 24-82, which will:

1. Authorize the City to enter into the regional contract with SOCWA, Polydyne, Inc., and SOCWA entities for a one-year term for the supply of Polymer to the City’s Water Reclamation Plant (WRP) and authorize the City Manager to execute the contract in an amount not to exceed $230,000;

2. Authorize the Public Works Director to approve up to four one-year renewals to the contract for amounts not to exceed the approved budget amounts for this chemical in each appropriate fiscal year; and

3. Find the project categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR Section 15301) and Class 7 (Actions by Regulatory 567
Meeting Date: June 4, 2024 Agenda Item: 11F.

CITY OF SAN CLEMENTE 3
Agencies for Protection of Natural Resources, 14 CCR section 15307) of the State CEQA Guidelines.
..end
Attachments:

1. Resolution No. 24-82

2. Joint Contract with SOCWA, Polydyne, Inc., and SOCWA Entities

3. SOCWA Agenda Item 7.E. dated May 2, 2024

4. CEQA Notice of Exemption Form
Notification:

None.
568
RESOLUTION NO. 24-82

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE CITY

TO ENTER INTO A REGIONAL CONTRACT BETWEEN THE

SOUTH ORANGE COUNTY WASTEWATER AUTHORITY
(SOCWA), POLYDYNE, INC., AND SOCWA ENTITIES FOR

SUPPLY OF POLYMER TO THE WATER RECLAMATION

PLANT FOR WASTEWATER TREATMENT, AUTHORIZING

THE CITY MANAGER TO EXECUTE THE CONTRACT,

AUTHORIZING THE PUBLIC WORKS DIRECTOR TO

APPROVE UP TO FOUR ONE-YEAR RENEWALS, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of San Clemente provides maintenance and operation of the City’s sanitary sewer collection and treatment system infrastructure in order to ensure wastewater service to protect public health and safety, in compliance with all local, state and federal regulatory requirements; and
WHEREAS, the City of San Clemente Water Reclamation Plant treats wastewater through a series of physical, biological, and chemical treatment processes to meet regulatory requirements; and
WHEREAS, Polymer is a chemical that is necessary for wastewater treatment for separating water from solids during solids processing in the wastewater treatment process; and
WHEREAS, in the past, the City of San Clemente has partnered with SOCWA and other agencies that are collectively referred to as SOCWA entities in the joint contract (specifically, Santa Margarita Water District and Moulton Niguel Water District) to purchase wastewater treatment chemicals; and
WHEREAS, SOCWA staff initiated a Request for Quotes process to solicit new potential vendors to provide Polymer for SOCWA and its Member Agencies and Polydyne, Inc. provided the lowest quote; and
WHEREAS, SOCWA will enter into an initial one-year contract with Polydyne, Inc. for Polymer, with four optional one-year renewals that will be negotiated at the expiration of each term; and
WHEREAS, the City of San Clemente and the other SOCWA entities can join the regional contract for the supply of Polymer; and
WHEREAS, joining the regional contract with SOCWA, Polydyne, Inc., and SOCWA entities is in the best interests of the City and the public.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, Attachment 1
569
Resolution No. 24-82 Page 2
determine and resolve as follows:

Section 1. That the above recitals are true and correct and incorporated herein as findings.

Section 2. That this project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use, and there is no reasonable possibility that the activity will have a significant direct or foreseeable indirect effect on the environment.

This project is also categorically exempt from CEQA under Class 7 (Actions by Regulatory Agencies for Protection of Natural Resources, 14 CCR section 15307) of the State CEQA Guidelines because it consists of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource, specifically water, where the regulatory process involves procedures for protection of the environment.

Section 3. That approval is hereby granted for the City to enter into the regional contract with SOCWA, Polydyne, Inc., and SOCWA entities for a one-year term beginning June 1, 2024, for the delivery and supply of Polymer to the City’s Water Reclamation Plant (WRP) in an amount not to exceed $230,000. The City Manager is authorized and directed to execute that contract in a form substantially similar to that presented to the City Council on May 21, 2024. The Public Works Director is authorized to approve up to four one-year renewals to such contract for amounts not to exceed the approved budget amounts for Polymer in each appropriate fiscal year.

Section 4. That staff is authorized and directed to take such other and further actions and execute such other and further documents as may be necessary to accomplish the purposes of this resolution.

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

PASSED AND ADOPTED this _____ day of ____________________, 2024.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
570
Resolution No. 24-82 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-82 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
571

AGREEMENT FOR GOODS/TECHNICAL SERVICES

BETWEEN

SOUTH ORANGE COUNTY WASTEWATER AUTHORITY
AND OTHER MEMBER AGENCIES AND POLYDYNE, INC.

FOR SUPPLY OF POLYMER
THIS AGREEMENT (the “Agreement”) is dated as of June 1, 2024 (“Effective Date”) by and between South Orange County Wastewater Authority (“SOCWA”), Santa Margarita Water District (“SMWD”), Moulton Niguel Water District (“MNWD”), City of San Clemente (“CSC”) and, referred to individually as “SOCWA Entity” and collectively as “SOCWA Entities”, and Polydyne, Inc., hereinafter referred to as the “CONTRACTOR”, for the provision of goods and/or technical services to SOCWA Entities by CONTRACTOR. SOCWA Entities and CONTRACTOR may be referred to in this Agreement individually as “party” and collectively as “parties.”

TERM OF CONTRACT
Section 1.1 Term
This Agreement will begin as of the Effective Date stated above, and will continue in effect for one (1) year (“Term”) or until terminated as provided under Section VII. This Agreement may be extended for four (4), one (1) year renewals if mutually agreed by the parties. If the option to extend is exercised, the parties will set forth any mutually agreeable changes to compensation and/or the scope of work in a written amendment to this Agreement.

SCOPE OF WORK
Section 2.1 Specific Services
CONTRACTOR shall furnish the goods and/or services which are described in the Request for Proposal described in Exhibit A hereto, which is incorporated by reference (the “Scope of Work”). CONTRACTOR will perform the Scope of Work under this Agreement in good faith, in a competent and professional manner, and in the best interests of SOCWA Entities.

CONTRACTOR will determine the method, details and means of performing the Scope of Work.

Section 2.2 Time for Completion
CONTRACTOR shall not begin the services described in the Scope of Work until receipt of SOCWA Entities' written direction to proceed. Upon receipt of such notice, CONTRACTOR shall immediately commence the work described in Exhibit A.

Time is of the essence in this Agreement. CONTRACTOR agrees to coordinate the work to ensure its timely completion and shall promptly notify SOCWA Entities of any anticipated delays or causes or casualties which may affect the work schedule.

COMPENSATION
Section 3.1 Fee Schedule
In consideration for all work performed under this Agreement, SOCWA Entities agree to compensate CONTRACTOR according to the following schedule:

Attachment 2
572

Product Package Delivered Price (per lb)
Centrifuge Polymer Bulk (>40,000 lbs.) $1.80
Centrifuge Polymer Bulk (<40,000 lbs.) $1.92
DAFT Polymer Tote (2,300 lbs.) or 450 lb Drum $0.64
DAFT Polymer Full Bulk (>30,000 lb) $0.28
DAFT Polymer Full Bulk (<30,000 lb) $0.28
DAFT Polymer 450 lb. drum $2.22
The rates of compensation set forth herein shall be inclusive of all product, freight, shipping, delivery and other costs of performing the Scope of Work, but excluding sales taxes, which will be paid by SOCWA Entities.

Section 3.2 Payment

3.2.1 CONTRACTOR shall submit invoices to each of the SOCWA Entities once per month by the 15th of each month for the prior month’s services to that SOCWA Entity; invoices shall not be combined. Such invoices shall specify: the type and amount of goods/services furnished during the designated time period multiplied by the applicable fee rate set forth above; the total applicable sales tax; and the date(s) and location of delivery. Invoices shall be sent to the SOCWA Entity at the location identified herein for the receipt of notices.

3.2.2 Each SOCWA Entity shall make payment to CONTRACTOR within fortyfive (45) days of receipt of an approved invoice. Each SOCWA Entity shall be responsible for payment only for those goods/services provided to that SOCWA Entity’s facility and not for goods/services provided to any other SOCWA Entity’s facility.

3.2.3 Acceptance and payment by SOCWA Entities for goods/services furnished hereunder, will not in any way relieve the CONTRACTOR of its responsibility to perform the Scope of Work in strict compliance with this Agreement and relevant laws and regulations. Neither SOCWA Entities’ acceptance of, nor payment for any services will be construed to operate as a waiver of any rights SOCWA Entities have under this Agreement or any cause of action or claim arising from this Agreement.

OBLIGATIONS OF CONTRACTOR
Section 4.1 Tools, Materials, Equipment
CONTRACTOR will supply all tools, materials, and equipment required to perform the Scope of Work under this Agreement. CONTRACTOR shall ensure that any such tools, materials, and equipment brought onto the SOCWA Entities’ property or facilities are clean, well maintained and in good condition. Except as necessary and in emergencies, CONTRACTOR shall not undertake any repairs or maintenance of its tools, materials or equipment on SOCWA Entities’ property or facilities.

Section 4.2 Permits, Licenses and Certifications
CONTRACTOR shall secure and maintain in good standing any and all permits, licenses and certifications required to perform the Scope of Work.
573

Section 4.3 Contractor’s Qualifications
CONTRACTOR represents that its employee(s) has the qualifications and skills necessary to perform the services under this Agreement in a competent, professional manner, without the advice or direction of SOCWA Entities. This means CONTRACTOR is able to fulfill the requirements of this Agreement. Failure to perform all the services required under this Agreement constitutes a material breach of the Agreement. CONTRACTOR has complete and sole discretion for the manner in which the work under this Agreement will be performed.

Acceptance by SOCWA Entities of reports, and incidental professional work or materials furnished hereunder, shall not in any way relieve CONTRACTOR of responsibility for the technical adequacy of its work.

Section 4.4 Subcontracting
CONTRACTOR will be solely responsible for its subcontractors and for making sure work performed by subcontractors conforms with this Agreement. No subcontractor shall be considered a beneficiary to this Agreement.

Section 4.5 Employer Obligations
CONTRACTOR shall be solely responsible for paying all federal and state employment and income taxes for its employees, for carrying workers’ compensation insurance and for otherwise complying with all other employment law requirements with respect to CONTRACTOR and its employee(s).

Section 4.6 Safety
CONTRACTOR shall be solely and completely responsible for the safety of all CONTRACTOR employees, including employees of any subcontractors, during performance of the Scope of Work. CONTRACTOR shall ensure that such employees have adequate training on relevant safety matters and that they are issued any and all necessary personal protective equipment.

CONTRACTOR shall fully comply with all laws, rules, regulations and ordinances relating to safety of the public and workers, whether federal, state or local and shall comply with any of SOCWA Entities policies concerning safety that are provided to CONTRACTOR.

Section 4.7 Compliance with Laws/Rules
In performing the Scope of Work specified in this Agreement, CONTRACTOR agrees to comply with all laws, rules, regulations and ordinances, whether federal, state or local, and any and all SOCWA Entity policies, procedures, departmental rules and other directives applicable to the goods and/or services to be furnished and provided by SOCWA Entities to CONTRACTOR.

Any changes to SOCWA Entity policies and procedures that relate to CONTRACTOR will be provided to CONTRACTOR in writing. CONTRACTOR agrees to review such policies, procedures, rules and directives the contents of which CONTRACTOR will be deemed to have knowledge.

Section 4.8 Clean-Up and Remediation
CONTRACTOR shall be responsible for cleaning-up and removing any and all trash, grease, oil and debris that CONTRACTOR generates as a result of performing the Scope of Work.

CONTRACTOR shall be responsible for the cleaning and remediation of any spills or discharge at SOCWA Entities’ facilities resulting from CONTRACTOR’s performance of the Scope of Work. CONTRACTOR shall restore SOCWA Entities’ facilities to their pre-existing condition except as expressly allowed by the Scope of Work.
574

Section 4.9 Assignment to Awarding Body
In entering into this Agreement to supply goods, services or material CONTRACTOR offers and agrees to assign to SOCWA Entities all rights, titles and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or material pursuant to this Agreement. This assignment shall be made and become effective at the time SOCWA Entities tender final payment to CONTRACTOR, without further acknowledgement by the parties.

INSURANCE
Section 5.1 General Liability
CONTRACTOR and each of its subcontractors shall maintain throughout the term of this Agreement a general liability policy of insurance, including coverage for products and completed operations, bodily injury and/or death, personal and advertising injury, and property damage claims which may arise from or in connection with the performance of the work under this Agreement by CONTRACTOR and its subcontractors, and each of their agents, representatives, or employees. General Liability insurance shall be comprehensive in form and shall be on a “per occurrence” basis in a minimum amount of Three Million Dollars ($3,000,000) per occurrence. Such coverage shall be written on Insurance Services Office (“ISO”) Form CG 00 01, or equivalent.

Section 5.2 Automobile Liability
CONTRACTOR and each of its subcontractors shall maintain throughout the term of this Agreement an automobile liability policy of insurance to cover claims, injury, death, loss or damage, accidents from the use or operation of any automobiles, trucks and/or other mobile or stationary equipment, whether owned, non-owned or hire. Auto coverage shall be issued with a limit no less than One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

Section 5.3 Worker’s Compensation
CONTRACTOR and each of its subcontractors shall maintain throughout the term of this Agreement workers’ compensation insurance with limits no less than the statutory limits.

Section 5.4 Pollution Liability
CONTRACTOR and each of its subcontractors shall maintain throughout the term of this Agreement a Pollution Liability policy of insurance as applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. If coverage is provided on a claims-made form, the following must also be provided:

5.4.1 The retroactive date must be shown, and must be before the date of the Agreement or the beginning of contract work.

5.4.2 Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 575

5.4.3 If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, CONTRACTOR must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

5.4.4 4. A copy of the claims reporting requirements must be submitted to SOCWA Entities.

Section 5.5 Required Provisions

5.5.1 All policies of insurance required under this Section shall be from insurance providers who are either admitted or licensed to do business in California, or are Surplus Lines Carriers authorized to do business in California, and who have an A.M. Best Company rating of no less than A- and a financial size category of at least Class VII, unless otherwise acceptable to SOCWA Entities.

5.5.2 All such policies shall include a provision and/or executed endorsement providing that coverage shall not be cancelled or materially altered except with thirty (30) days’ written notice to SOCWA Entities, send by certified mail, return receipt requested, or reasonable equivalent.

5.5.3 Under the General Liability, Automobile and Pollution Liability policies required pursuant to this Agreement, each SOCWA Entity, and each of their directors, officers, employees and representatives (the “Additional Insureds”) shall be named as additional insureds under each such policy and an additional insured endorsement at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37, if later revisions are used, shall be provided to SOCWA.

5.5.4 The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by CONTRACTOR pursuant to the Agreement. This coverage may also be provided on the Contractors Pollution Liability policy.

5.5.5 CONTRACTOR shall provide duly-authorized and, as applicable, executed original certificates and endorsements for all insurance required pursuant to this Agreement on forms approved by SOCWA Entities in conformity with all requirements of this Agreement prior to commencement of any work hereunder. If any of the required coverages expire during the term of this Agreement, CONTRACTOR shall deliver renewal certificates to SOCWA Entities at least ten (10) days prior to the expiration date.

5.5.6 For any claims related to this Agreement, CONTRACTOR’s insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or selfinsurance maintained by the Additional Insureds shall be excess of the CONTRACTOR’s (and its subcontractor’s) insurance, and shall not contribute to such insurance.

Section 5.6 Deductibles
Any deductibles or self-insured retentions must be declared in writing and approved by SOCWA Entities. At the option of any SOCWA Entity, either: the insurance provider(s) shall reduce or eliminate such deductibles or self-insured retentions as respects the SOCWA Entity, and each of their directors, officers, employees, and representatives; or the CONTRACTOR shall provide a financial guarantee satisfactory to the SOCWA Entity guaranteeing payment of losses and related investigations, claim administration and defense expenses. 576

Section 5.7 Waiver of Subrogation
CONTRACTOR hereby agrees to waive rights of subrogation against SOCWA Entities and the Additional Insureds which any of CONTRACTOR’s insurers may acquire from CONTRACTOR by virtue of the payment of any loss. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.

INDEMNITY
Section 6.1 Contractor’s Duty to Indemnify and Defend
To the maximum extent permitted by law, CONTRACTOR shall indemnify, defend, and hold harmless each SOCWA Entity and each of their directors, officers, employees, representatives or agents (collectively “SOCWA Indemnitees”) from and against any and all losses, liabilities, claims, suits, actions, damages, costs and expenses (including attorney fees and costs to defend) and causes of action of every nature, including personal injury, bodily injury, loss of life, or damage to property, any violation of federal, state, or municipal law or ordinance resulting in penalties or fines, and environmental investigations, monitoring, containment, abatement, removal, repair, cleanup, restoration or remedial work (hereinafter, “Claims”) that SOCWA Indemnitees may incur that arise out of, pertain to or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR, including CONTRACTOR’s officers, officials, directors, employees, subcontractors, agents, representatives, volunteers, successors, assigns or anyone for whom CONTRACTOR is legally responsible. CONTRACTOR’s indemnification, hold harmless and defense obligation shall apply regardless of any negligence of SOCWA Indemnitees.

6.1.1 CONTRACTOR shall cooperate with and do whatever is necessary to protect SOCWA Indemnitees from any such Claims.

6.1.2 CONTRACTOR shall defend SOCWA Indemnitees, at CONTRACTOR’s own cost, expense and risk, from any and all such aforesaid Claims or other proceedings of any kind that may be brought or instituted against SOCWA Indemnitees. CONTRACTOR and SOCWA Indemnitees shall be jointly represented by legal counsel, unless there is a conflict of interest, and CONTRACTOR shall pay SOCWA Indemnitees’ reasonable attorneys’ fees and costs as they are incurred. SOCWA Indemnitees shall be consulted regarding and shall approve the selection of legal counsel. Should separate legal counsel be necessary for SOCWA Indemnitees, as determined by SOCWA Indemnitees, CONTRACTOR shall pay for the reasonable attorneys’ fees and costs including expert witness fees, as such fees and costs are incurred and within thirty (30) days of receipt of an invoice, for SOCWA Indemnitees’ legal counsel in addition to CONTRACTOR’s own legal fees and costs. In all circumstances, SOCWA Indemnitees reserve the right to retain their own attorneys. CONTRACTOR shall not agree without SOCWA Indemnitees’ prior written consent to any settlement on SOCWA Indemnitees’ behalf.

6.1.3 If CONTRACTOR is obligated to defend SOCWA Indemnitees pursuant to this Section, and fails to do so after reasonable notice from SOCWA Indemnitees, SOCWA Indemnitees may defend themselves and/or settle such Claims, and CONTRACTOR shall pay to SOCWA Indemnitees any and all liabilities incurred in relationship with SOCWA Indemnitees’ defense and/or settlement of such Claims.

6.1.4 CONTRACTOR’s indemnification, hold harmless and defense obligation shall not be limited in any way by any limitation on the amount or type of damages, 577

compensation or benefits payable by or for CONTRACTOR, subcontractor, supplier or other person under workers’ compensation acts, disability acts or other employee acts or the insurance required by this Agreement. CONTRACTOR’s indemnification, hold harmless and defense obligation shall not be restricted to insurance proceeds, if any, received by CONTRACTOR or Indemnified Parties. Provision of insurance coverage as required by this Agreement shall not affect CONTRACTOR’s indemnity obligations.

Section 6.2 SOCWA Entities’ Duty to Indemnify
Each and every SOCWA Entity (as listed above) shall indemnify and hold harmless each and every other SOCWA Entity and each of their directors, officers, employees, representatives or agents (collectively “SOCWA Indemnitees”), from and against any and all losses, liabilities, claims, suits, actions, damages, costs and expenses and causes of action of every nature, including personal injury, bodily injury, loss of life, or damage to property, any violation of federal, state, or municipal law or ordinance resulting in penalties or fines, and environmental investigations, monitoring, containment, abatement, removal, repair, cleanup, restoration or remedial work (hereinafter, “Claims”) that SOCWA Indemnitees may incur that arise out of, pertain to or relate to the negligence, recklessness, or willful misconduct of the SOCWA Entity from which indemnity is sought.

A SOCWA Entity’s duty to indemnify under this Section shall be effective only as to those Claims arising from that SOCWA Entity’s own negligence, recklessness, or willful misconduct and is owed only to the SOCWA Entity or Entities with Claims arising therefrom. SOCWA Entities shall not be jointly and severally liable for Claims under this Agreement.

Section 6.3 Survival
CONTRACTOR acknowledges and agrees to the provisions of this Section and that they are a material element of consideration. CONTRACTOR’s obligations pursuant to this Section shall survive the expiration or termination of this Agreement and/or the performance or completion of any or all services and work provided under this Agreement.

TERMINATION
Section 7.1 Termination by SOCWA Entities
Each and every SOCWA Entity may individually terminate this Agreement as a result of CONTRACTOR’s breach of any term or condition herein as respects such SOCWA Entity, by providing written notice to CONTRACTOR. The notice shall provide CONTRACTOR with at least ten (10) calendar days to cure the deficiency. If within ten (10) calendar days CONTRACTOR fails to cure the deficiency to the satisfaction of the terminating SOCWA Entity or Entities, the Agreement will terminate immediately or upon such other date as may be specified in the notice; although the Agreement will remain in effect between CONTRACTOR and any SOCWA Entity that was not a party to the notice of termination. CONTRACTOR shall cease to perform the Scope of Work for those SOCWA Entities providing notice upon the effective date of termination and shall not be entitled to payment for any fees or costs incurred after the effective date of termination unless otherwise agreed by the parties.

Section 7.2 Termination by Contractor
CONTRACTOR may terminate this Agreement with any or all SOCWA Entities a result of that SOCWA Entity’s or Entities’ breach of any term or condition herein, by providing written notice 578

to the SOCWA Entity or Entities allegedly in breach. The notice shall provide the SOCWA Entity or Entities receiving the notice with at least ten (10) calendar days to cure or resolve the deficiency. If within ten (10) calendar days the SOCWA Entity or Entities fail to cure or resolve the deficiency to the satisfaction of CONTRACTOR, the Agreement will terminate immediately or upon such other date as may be specified in the notice; although the Agreement will remain in effect between CONTRACTOR and any SOCWA Entity other than those receiving the notice or that timely cured or resolved the alleged breach.

Section 7.3 Effect of Termination
Early termination of this Agreement under this Section shall be effective only as to and between the party or parties in breach and the party or parties that have issued the notice of termination.

The Agreement shall remain in effect as to those parties not in breach, that have cured or resolved the alleged breach, or are not named in the notice of termination.

Section 7.4 Compensation Upon Termination
Following termination, SOCWA Entities will pay to CONTRACTOR the reasonable value of goods and services necessarily performed up to the effective date of the termination, minus any costs reasonably incurred by SOCWA Entities as a result of CONTRACTOR’s breach.

WARRANTY
Section 8.1 Warranty of Work

8.1.1 CONTRACTOR guarantees all work pursuant to this Agreement against defective materials or workmanship for period of one (1) year from the date of completion of all work, except where longer warranty periods are specifically stated. Any defective material or workmanship which may be discovered before completion all work or within one (1) year thereafter shall be corrected immediately by CONTRACTOR at its own expense notwithstanding that it may have been overlooked in previous inspections and estimates. Any work to correct a defect in workmanship and/or replacement materials shall additionally be guaranteed by CONTRACTOR for a period of one (1) year from the date of completion of such corrective work or replacement of materials.

8.1.2 Failure to inspect the work or materials at any stage shall not relieve CONTRACTOR from any obligation to perform sound and reliable work as herein described. It is CONTRACTOR’S ultimate responsibility to complete all work as required by this Agreement.

8.1.3 During the one (1) year warranty period, should CONTRACTOR fail to remedy defective material and/or workmanship, or to make replacements within five (5) days after written notice by a SOCWA Entity, it is agreed that the SOCWA Entity may make such repairs and replacements and the actual cost of the required labor or materials shall be chargeable to and payable by CONTRACTOR.

Section 8.2 Non-Exclusive
The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by this Agreement or by law. The remedies provided herein shall not be exclusive and SOCWA Entities shall be entitled to any and all remedies provided by law.
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GENERAL
Section 9.1 Entire Agreement/Modification/Interpretation This Agreement represents the entire understanding of SOCWA Entities and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be amended, modified or altered except in writing, signed by the parties. This Agreement shall not be construed against the party preparing it, but shall be construed as if both parties prepared it.

Section 9.2 Supremacy
In the event of any conflict between this Agreement and any attachments hereto, this Agreement shall prevail.

Section 9.3 Notices
Any notice required or permitted to be given hereunder if not otherwise specified herein may be given or delivered by depositing the same in the United States Post Office, registered or certified, postage prepaid, or by personal service or hand delivery, and addressed to:

SOCWA: Attn: Jeanette Cotinola
South Orange County Wastewater Authority
34156 Del Obispo Street
Dana Point, CA 92629
CSC: City of San Clemente
380 Avenida Pico, Bld. N
San Clemente, CA 92672
SMWD: Santa Margarita Water District
P.O. Box 7005
Mission Viejo, CA 92690
MNWD: Moulton Niguel Water District
27500 La Paz Road
Laguna Niguel, CA 92677
CONTRACTOR: Attn: Boyd Stanley
Polydyne, Inc.

P.O. Box 279
1 Chemical Plant Rd.

Riceboro, GA 31323
CONTRACTOR: P.O. Box 404642
(Payment Only) Atlanta, GA 30384-4642
Section 9.4 Governing Law and Venue
California law shall govern the interpretation of this Agreement. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure 394. 580

Section 9.5 Attorneys’ Fees
In the event an action is commenced by either party to enforce its rights or obligations arising from this Agreement, the prevailing party in such action, in addition to any other relief and recovery awarded by the court, shall be entitled to recover all costs and expenses, including court costs, plus a reasonable amount for attorneys’ fees.

Section 9.6 Severability
If any section of this Agreement or provision of this Agreement as applied to either party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole.

Section 9.7 Non-Exclusive
CONTRACTOR may represent, perform services for, and contract with as many additional clients, persons, or companies as CONTRACTOR, in its sole discretion, sees fit.

Section 9.8 Independent Contractor
It is expressly understood and agreed that CONTRACTOR is an independent contractor and not an employee of SOCWA Entities while engaged in carrying out this Agreement.

CONTRACTOR warrants that it will not represent, at any time or in any manner, that CONTRACTOR is an employee or agent of SOCWA Entities. CONTRACTOR shall have no authority to, and shall not, incur any debt, obligation or liability on behalf of SOCWA Entities. To the maximum extent allowable by law, CONTRACTOR agrees to indemnify, defend and hold harmless SOCWA Entities from any and all liability, damages or losses (including attorneys’ fees, costs, penalties and fines) SOCWA Entities suffer as a result of a third party’s designation of CONTRACTOR or its employee as an employee of SOCWA Entities, regardless of any actual or alleged negligence by SOCWA Entities.

Section 9.9 No Establishment of Joint Powers
SOCWA Entities each acknowledge and agree that this Agreement is not intended to and does not establish a joint exercise of powers arrangement under and pursuant to the laws of the State with respect to contractual matters hereunder among such agencies; further, SOCWA Entities each agree that any joint powers agreements between SOCWA Entities shall have no effect on this Agreement and the rights and obligations of the parties hereunder.

Section 9.10 Authority
The person signing this Agreement on behalf of each party hereto represents he or she has authority to sign on behalf of, respectively, SOCWA Entities or CONTRACTOR.

Section 9.11 Assignment of Agreement
No assignment of this Agreement shall be effective unless agreed to in writing by both parties.

Section 9.12 Counterparts
This Agreement may be executed in counterparts, each of which shall be deemed an original. 581

Section 9.13 Audits
If this Agreement involves an expenditure of public funds in excess of Ten Thousand Dollars ($10,000), the Agreement is subject to examination and audit of the State Auditor, at the request of SOCWA Entities or as part of any audit of SOCWA Entities, for a period of three (3) years after final payment under the Agreement. CONTRACTOR shall cooperate with SOCWA Entities regarding such audit at no charge to SOCWA Entities.

Section 9.14 Provisions Required by Law
Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though they were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the request of either party, the Agreement shall forthwith be physically amended to make such insertion.

Section 9.15 Waiver
Neither acceptance of, nor payment for any of the services provided for herein, shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.

IN WITNESS WHEREOF, the parties have hereto caused this instrument to be executed the day and year first above written.

SOUTH ORANGE COUNTY WASTEWATER AUTHORITY
By: ___________________________ Date: ________________________ Acting General Manager
City of San Clemente
By: ___________________________ Date: ________________________ City Manager
Santa Margarita Water District
By: ___________________________ Date: ________________________ General Manager
Moulton Niguel Water District
By: ___________________________ Date: ________________________ General Manager
Polydyne, Inc.

By: ___________________________ Date: ________________________ Authorized Representative
Title: _________________________
582

EXHIBIT A

PROPOSAL
583
584
Agenda Item 7.E.

Budgeted: Yes
Budget amount: $1,040,000
Line Item: PC2, 15 &17 Lines 5007
Legal Counsel Review: No
Meeting Date: May 2, 2024
TO: Board of Directors
FROM: Jim Burror, Acting General Manager/Director of Operations STAFF CONTACT: Jeanette Cotinola, Procurement/Contracts Manager SUBJECT: Contract Award to Polydyne, Inc. for Polymer
[Project Committees 2, 15, and 17]
Summary
The Polymer chemical contract with Polydyne, Inc. is expiring on 6-1-2024. This chemical is necessary for separating water from solids during solids processing in the wastewater treatment process. SOCWA staff has solicited a replacement vendor through a Request for Quote (RFQ) process.

The RFQ process has concluded, and the Board is being requested to approve a 1-year contract with Polydyne, Inc. for Polymer, with up to four (4) annual renewals.

Discussion/Analysis
SOCWA initiated an RFQ to solicit new potential vendors to provide Polymer for SOCWA and its Member Agencies.

Request for Proposals
The following is the schedule for the solicitation of a new Polymer contract:

Date Task/Work Item
1-Apr-24 RFP Released
22-Apr-24 Received Proposals
22-Apr-24 Reviewed Proposals
2-May-24 Board Meeting to consider a contract award
1-Jun-24 Anticipated contract start date
///
///
Attachment 3
585
Contract Award for Polymer Page 2 of 4
May 2, 2024
RFQ Process Results and Outcomes
The RFQ process involved contacting the known vendors in the area that responded to recent requests for Polymer proposals in Southern California. Each company was contacted to determine the appropriate staff person to receive notification of the upcoming RFQ. Three (3) vendors were contacted and provided with SOCWA’s information needed to provide a quote to SOCWA.

Non-Compliant Proposals (Phase 1) Review Results
Two (2) quotes were provided and determined to be compliant. One vendor declined to propose.

Quote Review
The proposals were rated with a maximum score of 30.

Polydyne Inc. = 25
Solenis = 20
Price Submittal
Product Package Polydyne ($/lbs) Solenis ($/lbs)
DAFT Polymer Full Bulk (>30,000 lb) $0.28 $1.65 to $1.75 DAFT Polymer Full Bulk (<30,000 lb) $0.28 $1.65 to $1.75 DAFT Polymer 450 lb. drum $2.22 $1.65 to $1.75
DAFT Polymer Tote (2,300 lbs.) or 450 lb
Drum $0.64 $1.65 to $1.75
Centrifuge
Polymer Bulk (>40,000 lbs.) $1.80 $1.55 to $1.72
Centrifuge
Polymer Bulk (<40,000 lbs.) $1.92 $1.55 to $1.72
The proposal evaluation used the proposed pricing and the actual deliveries and usage from CY 2023. The estimated annual cost of using Polydyne is $1,758,650.88. The estimated annual cost of using Solenis is $2,372,920.13.

Contracts Fees Comparison
The offered prices for Polymer are as follows:
///
///
///
///
586
Contract Award for Polymer Page 3 of 4
May 2, 2024
Product Package
Delivered
Price
(per lb) Increase
LA-2911 Full Bulk (>30,000 lb) $0.28 0%
LA-2911 Full Bulk (<30,000 lb) $0.28 0%
C-2005 450 lb. drum $1.48 0%
C-2005 Full Bulk (17,000 lb) $0.62 0%
C-1005 Full Bulk (17,000 lb) $0.59 0%
C-1005 Tote (2,300 lbs.) $0.66 0%
C-1000 Tote (2,300 lbs.) $0.64 0%
SC-122CM Tote (2,300 lbs.) or 450 lb
Drum $1.48 0%
S-469, C-4450, C6260,
WE-952 WE-1476
WE1695
Bulk (>40,000 lbs.) $1.80 0%
S-469, C-4450, C6260,
WE-952 WE-1476
WE1695
Bulk (<40,000 lbs.) $1.92 0%
WE-1731 and WE-2002 Tote (2,300 lbs.) or 450 lb
Drum $1.33 0%
C-6260 and WE-1748
and WE-2002
Tote (2,300 lbs.) or 450 lb
Drum $1.86 0%
C-9455 and C-9258 Tote (2,300 lbs.) or 450 lb
Drum $1.80 0%
C-6260 450 lb Drum $2.22 0%
The polymer market has stabilized since the chemical was last bid.

This new pricing will be fixed for the 1-year term of the contract. The remaining four (4) optional annual extensions will be negotiated at the expiration of each term. Staff requests a continuation of the practice to authorize the General Manager to initiate the subsequent renewals with an increase of less than 10% for chemical contracts.

Prior Related Project Committee or Board Action(s)
Starting in 2022, the Board has authorized the General Manager to initiate the subsequent renewals with an increase of 10% or less for chemical contracts when awarding chemical contracts.

Fiscal Impact
587
Contract Award for Polymer Page 4 of 4
May 2, 2024
The proposed pricing will help mitigate increased Polymer usage associated with newly installed Polymer dosing equipment.

Recommended Action: Staff recommends the Board i) award a contract to Polydyne, Inc. for Polymer, at the rates shown above for a 1-year term plus applicable fees and taxes, with up to four (4) annual renewals, and ii) authorize the General Manager to initiate the subsequent renewals with an increase of 10% or less.
588

_______________________________________________
Notice of Exemption Appendix E
To: Office of Planning and Research From: (Public Agency): ____________________________ P.O. Box 3044, Room 113 _______________________________________________ Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:

Project Location - City: ______________________ Project Location - County:

Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):

Reasons why project is exempt:

Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date:

Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number: ____________________________________ Statutory Exemptions. State code number: ______________________________________________ ______________ Title: _______________________
Revised 2011
Attachment 4
Section 15301, Class 1 Existing Facilities & Section 15307, Class 7 Actions By Regulatory Agencies for Protection of Natural Resources 589
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: June 4, 2024 Agenda Item: 11G.

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

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

FOR THE MARINE SAFETY HEADQUARTERS (HQ) BUILDING CONCRETE REPAIRS, CIP PROJECT NO. 24805
..body
Fiscal Impact:

The total project construction cost of $124,000 was within the approved construction budget of $141,083.

Summary:

Before the City Council is a Resolution and Notice of Completion (Attachment 2) for the Marine Safety HQ Building Concrete Repairs. The concrete spalling on the structural components of the Marine Safety HQ Building on the westerly side was repaired to enhance the structural integrity of the building against the harsh environment next to the ocean.

Background:

On December 5, 2023, the City Council awarded a construction contract to Harbor Coating & Restoration for the concrete repair work for the Marine Safety HQ Building. The work consisted of addressing localized concrete spalls including replacing the corroded reinforcement steel bars to enhance structural integrity of the Marine Safety HQ Building to better resist the highly corrosive marine environment.
590
Meeting Date: June 4, 2024 Agenda Item: 11G.

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

Construction Administration, Management & Inspection $24,750 Construction Contract $99,250
Total Construction Cost $124,000
Council Options:
 Adopt Resolution No. 24-83 (Attachment 1), which would accept the completed construction work for the Marine Safety HQ Building Concrete Repairs.  Adopt Resolution No. 24-83 with modifications.
 Continue the item with direction to provide additional information.

Environmental Review/Analysis:

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

Recommended Actions:
..recommendation
Staff recommends that the City Council adopt Resolution No. 24-83, which will:

1. Accept the Marine Safety HQ Building Concrete Repairs, CIP Project No. 24805, from Harbor Coating & Restoration.

2. Authorize the Public Works Director to execute and record the Notice of Completion for the Marine Safety HQ Building Concrete Repairs, CIP Project No. 24805.

3. Authorize the City Clerk to release the payment bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the Contractor, Harbor Coating & Restoration. 591
Meeting Date: June 4, 2024 Agenda Item: 11G.

CITY OF SAN CLEMENTE 3
..end
Attachment:

1. Resolution 24-83

2. Notice of Completion

3. Staff Report dated December 5, 2023
Notification:

None.
592
Attachment 1
RESOLUTION NO. 24-83

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, ACCEPTING AS

COMPLETE THE MARINE SAFETY HEADQUARTER
(HQ) BUILDING CONCRETE REPAIRS, CIP PROJECT
NO. 24805
WHEREAS, the Marine Safety Headquarter (HQ) Building is subject to severe corrosion from marine exposure and salt water mist from wave action, and has undergone various maintenance repair contracts; and
WHEREAS, new concrete spalling on structural components on the west side of the Marine Safety HQ Building was noticed in 2022; and WHEREAS, Duncan Engineering, a marine structural engineering consultant, was retained to provide an assessment with recommendations for immediate and short-term repairs; and
WHEREAS, on December 5, 2023, the City Council awarded a construction contract to Harbor Coating & Restoration for the concrete repair work for the Marine Safety HQ Building, CIP Project No. 24805; and
WHEREAS, the concrete spalling on the structural components of the Marine Safety HQ Building on the westerly side was repaired to enhance the structural integrity of the building against the harsh environment next to the ocean; and WHEREAS, Harbor Coating & Restoration has completed the work to the satisfaction of the Public Works Director.

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

Section 1. That the above recitations are true and correct.

Section 2. That the City Council accepts as complete the Marine Safety HQ Building Concrete Repairs, CIP Project No. 24805, from Harbor Coating & Restoration.

Section 3. That the City Council authorizes the Public Works Director to execute and the City Clerk to record a Notice of Completion for the Marine Safety HQ Building Concrete Repairs, CIP Project No. 24805.
593
Resolution No. 24-83 Page 2
Section 4. That the City Council authorizes the City Clerk to release the payment bond for this project 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against Harbor Coating & Restoration.

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

PASSED AND ADOPTED this _____ day of ____________________, 2024.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
594
Resolution No. 24-83 Page 3

STATE OF CALIFORNIA)
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-83 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________.
________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
595
Attachment 2
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: The Marine Safety HQ Building Concrete Repairs, Project No. 24805

2. Date of completion: May 3, 2024

3. Street address or legal description of the project site: San Clemente Pier, 620 Avenida Del Mar, in the City of San Clemente, CA 92672

4. Name of owner: City of San Clemente

5. Interest or estate of owner: City of San Clemente

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

7. Name and address of contractor: Harbor Coating & Restoration, 625 W. Katella Ave #5, Orange, CA 92867
I am the Public Works Director/City Engineer 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. ________________________________________
David Rebensdorf,
Public Works Director/City Engineer
City of San Clemente
596
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: December 5, 2023 Agenda Item: 7S
Department: Public Works
Prepared By Belgin Cuhadaroglu, Associate Civil Engineer Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO

HARBOR COATING AND RESTORATION FOR THE MARINE SAFETY HEADQUARTER (HQ) BUILDING CONCRETE REPAIRS, CIP PROJECT NO. 24805, IN THE AMOUNT OF $101,750

AND AUTHORIZING THE
..body CITY MANAGER TO EXECUTE THE CONTRACT
Fiscal Impact:

The estimated construction cost of $141,083 is within the available approved project budget of $200,000 from the General Fund / Marine Safety HQ Concrete Repairs, Account No. 001-636- 45700-000-24805.

Summary:

Before the City Council is the approval of a construction contract with Harbor Coating & Restoration for the Concrete Repairs, in an amount of $101,750, and approval of a 19% project contingency of $19,333, for the needed concrete spalling repairs for the Marine Safety HQ Building (Attachment 1).

Background:

The Marine Safety HQ Building was constructed in 1968 and is subjected to severe corrosion from marine exposure and salt water mist from wave action. The building has undergone various maintenance repairs to address concrete spalling due to the highly corrosive marine environment in the past, with the latest repairs in 2020. New concrete spalling on structural components on the west side of the Marine Safety HQ Building was noticed in 2022. Duncan Engineering, a marine structural engineering consultant, was retained to provide an assessment with recommendations for immediate and short-term repairs. Based on Duncan Engineering’s recommendations, the City conducted formal competitive bidding for the Marine Safety HQ Building Concrete Repair, CIP Project No. 24805 (Project) and received nine bids on July 26, 2023. Subsequent to the bid opening on July 26, 2023, additional spalled concrete and corroded reinforcement steel bars were identified. Therefore, City staff recommended rejecting all bids, expanding the scope of work, and re-biding the project. On October 3, 2023, City Council approved rejecting the bids received on July 26, 2023.

Duncan Engineering was retained to provide a re-assessment with recommendations for repairs needed. Based on Duncan Engineering’s repair recommendations, staff prepared a bid package, notified local contractors, and advertised the project for competitive bidding on the PlanetBids website and in the SC Times. Six (6) bids were received on November 16, 2023, ranging from $89,750 to $210,740. The results are presented on the attached Bidders’ Listing (Attachment 3).

The lowest responsive and responsible bidder was Harbor Coating & Restoration of Orange, 1 Attachment 3
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Meeting Date: December 5, 2023 Agenda Item: 7S

CITY OF SAN CLEMENTE
California at $89,750. While local contractors were notified of the bid advertising, no local contractors submitted a bid.

Based on the low base bid and alternate bid item (consisting of additional concrete demolition and repair for $12,000), the estimated construction cost for this project is as follows:

Construction Administration, Management &
Inspection: $ 20,000
Construction Contract: 101,750
Contingency (19%): 19,333
Total Estimated Construction Cost: $ 141,083
As required by state law and City policy, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 4).

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

Council Options:
 Adopt Resolution No. 23-144 (Attachment 2), awarding the contract for the Marine Safety HQ Building Concrete Repairs to Harbor Coating & Restoration, and authorizing the City Manager to execute a construction contract in the amount of $101,750, plus a 19% project contingency of $19,333.
 Modify and adopt Resolution No. 23-144.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 23-144 and put the project on hold.

Environmental Review/Analysis
This project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Section 15301 of the state CEQA Guidelines, Class 1 (Existing Facilities, 14 CCR 15301). A Notice of Exemption was filed with the County of Orange Recorder’s Office on March 21, 2023 for this project. (See Attachment 5.) Recommended Actions:

Staff Recommendation
..recommendation
Staff recommends that the City Council adopt Resolution No. 23-144, which will:
..recommendation

1. Award the Marine Safety HQ Building Concrete Repairs Project, CIP Project No. 24805, construction contract to Harbor Coating & Restoration, as the lowest responsible and responsive bidder;

2. Authorize the City Manager to execute a construction contract with Harbor Coating & Restoration in an amount of $101,750, and a 19% project contingency of $19,333, in a form substantially similar to Contract No. C23-69 (Attachment 4); and 5982
Meeting Date: December 5, 2023 Agenda Item: 7S

CITY OF SAN CLEMENTE

3. Approve a 19% project contingency of $19,333.
..end
Attachments:

1. Location Map

2. Resolution 23-144

3. Bidders’ Listing

4. Contract

5. Notice of Exemption
Notification:

All Bidders
5993
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: June 4, 2024 Agenda Item: 11H.

Submitted By: Public Works
Prepared By: Shawn Ryan, Senior Civil Engineer
Subject:
..titl e

CONSIDERATION OF A RESOLUTION TO ACCEPT AND FILE A NOTICE OF COMPLETION FOR THE CITY HALL COUNCIL CHAMBERS TENANT IMPROVEMENT, PROJECT NO. 12563
..body
Fiscal Impact:

The total project construction cost of $2,393,378 was within the approved construction budget of $2,499,500.

Summary:

Before the City Council is a Resolution and Notice of Completion for the City Hall Council Chambers Tenant Improvement Project.

Background:

On December 21, 2021 the City Council awarded a
construction contract to Thomco Construction, Inc. for
the City Hall Council Chambers Tenant Improvement
(see Attachment 3). The project consisted of
construction of a new council chambers, closed
session room, audio/video room, furniture, and new
interiors for the two elevators at City Hall.

A summary of the expenditures is provided in Table 1. Below:

Table 1. Expenditure Summary
Construction $1,948,764
Construction Management and Inspection $201,000
Furniture and Elevators Interiors $243,614
Total Project Construction Cost $2,393,378
Council Options:
 Adopt Resolution No. 24-84, accepting the completed City Hall Council Chambers Tenant Improvement Project No. 12563.
 Modify and adopt Resolution No. 24-84.
600
Meeting Date: June 4, 2024 Agenda Item: 11H.

CITY OF SAN CLEMENTE 2
 Continue the item with direction to provide additional information.

Environmental Review/Analysis:

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

Recommended Actions:

Staff recommends that the City Council adopt Resolution No. 24-84, which will:

1. Accept the construction of the City Hall Council Chambers Tenant Improvements, Project No. 12563 from Contractor, Thomco Construction, Inc. as complete.

2. Authorize the Public Works Director to execute and record the Notice of Completion for the City Hall Council Chambers Tenant Improvements, Project No. 12563.

3. Authorize the City Clerk to release the payment bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the Contractor, Thomco Construction, Inc. ..recommendation
..end
Attachment:

1. Resolution No. 24-84

2. Notice of Completion

3. Staff Report dated December 21, 2021 (without attachments) Notification:

None.
601
Attachment 1
RESOLUTION NO. 24-84

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ACCEPTING AS

COMPLETE THE CITY HALL COUNCIL CHAMBERS
TENANT IMPROVEMENT PROJECT NO. 12563
WHEREAS, on December 21, 2021, the City Council awarded a construction contract to Thomco Construction, Inc. for the City Hall Council Chambers Tenant Improvement Project No. 12563
WHEREAS, the work consisted of construction of a new council chambers, closed session room, audio/video room, furniture, and new interiors for the two elevators at City Hall; and
WHEREAS, Thomco, Construction, Inc. has completed the work to the satisfaction of the Public Works Director.

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

Section 1. That the above recitations are true and correct.

Section 2. That the City Council accepts as complete the City Hall Council Chambers Tenant Improvement Project No. 12563 from Thomco Construction, Inc.

Section 3. That the City Council authorizes the Public Works Director to execute and the City Clerk to record a Notice of Completion for CIP Project No. 12563.

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

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

PASSED AND ADOPTED this _____ day of ____________________, 2024.

ATTEST:
602
Resolution No. 24-84 Page 2
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California 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. 24-84 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
603
Attachment 2
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: City Hall Council Chambers Tenant Improvement Project No. 12563.

2. Date of completion: May 14, 2024.

3. Street address or legal description of the project site: 910 Calle Negocio.

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: Thomco Construction, Inc., 1279 N. Patt Street, Anaheim, CA 92801.

I am the Public Works Director / City Engineer 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. _________________________________
Dave Rebensdorf, Public Works Director / City Engineer
City of San Clemente
604
Public Works Agenda Report

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: December 21, 2021
Department: Public Works
Prepared By: Shawn Ryan, Senior Civil Engineer
Kiel Koger, Public Works Director/City Engineer
Subject: AWARD CONSTRUCTION CONTRACT TO THOMCO CONSTRUCTION, INC. AND APPROVE

OFFICE FURNITURE, AND ELEVATOR RENOVATION PURCHASE ORDERS FOR THE CITY HALL COUNCIL CHAMBERS TENANT IMPROVEMENT, PROJECT NO. 12563
Fiscal Impact: Yes. The project budget includes $2,015,500 of approved funding from the Disaster Relief Fund (Account Number 016-804-45300-000-12563) and a supplemental appropriation in the amount of $484,000 from the Local Cable Infrastructure Fund (Account Number 018-245-45500-0000) which will be used to construct the Audio/Video, and Broadcasting portion of the project only. The total expenditure for the project is $2,499,500.

Summary: Staff recommends approval of a construction contract with Thomco Construction, Inc. in the amount of $1,851,707 (Includes Audio/Vidio); approve a purchase order in the amount of $144,400 for furniture; and approve a purchase order for $65,500 for elevator improvements for the City Hall Council Chambers Tenant Improvement project.

Background At its May 18, 2021 meeting the City Council approved a First Amendment for the professional services of Gensler Architects for the design of new council chambers to be located on the second floor of City HalI (Attachment 1). The area is approximately 4,100 square feet and will share the second floor with the recently completed tenant remodel for the Orange County Sheriff’s Department.

At its August 17, 2021 meeting, the City Council approved a supplemental appropriation in the amount of $4.6 million for capital projects from the Disaster Relief Fund (Attachment 2). This appropriation of funds included funding for the Council Chambers.

Discussion: The scope of work involves the construction of a new council chambers, closed session room, and Audio/Video room (Attachment 3). The second floor renovation also includes the following key components:
• New Council Member Dais, with new Audio/Video appurtenances; • A new public seating area that will seat 128 people as well as provide space for ADA usage;
• New ADA compliant restrooms located in the closed session area; Agenda Item
Approvals:

City Manager
Dept. Head
Attorney
Finance
Attachment 3
605
Agenda Report Page 2
• New Audio and Video equipment for broadcasting and meeting presentations; • New Title 24 energy compliant lighting throughout;
• Replacement of heating, ventilation and air conditioning units (HVAC); • Replacement and upgrade of main line plumbing systems; • New and relocated electrical wiring;
• New flooring, wall and ceiling treatments;
• New blinds that will operate mechanically to adjust with amount of available sunlight.

The project was advertised on November 11, 2021 for public bidding via the City’s PlanetBids system and the San Clemente Times. Ten electronic bids were received on December 9, 2021 with costs ranging from $1,848,000 to $2,222,500 (refer to Bidder’s listing in Attachment 4). The first bid of $1,616.67 was not a complete bid and was determined to be non-responsive. The second lowest bidder with a cost of $1,848,000 was also deemed non-responsive due to the bidder not submitting all the required documentation at the time of bid. The lowest responsive, responsible bid of $1,851,707 (refer to Construction Contract in Attachment 5) was submitted by Thomco Construction, Inc. of Anaheim, California. Staff contacted and verified references and Thomco Construction, Inc has successfully completed many projects of similar size and scope including renovating the City of Fontana’s Council Chambers.

Staff also requests City Council approval of a purchase order for new furniture required for the new City Hall Council Chambers Tenant Improvements. Office furnishings have been closely coordinated with City staff, and recommends the purchase of office furniture from G/M Business Interiors of Irvine, California under a County of Orange Regional Cooperative Agreement (refer to Attachment 6 for furniture quote cover sheet and County Regional Agreement). The County conducted a public bid process and executed a five-year regional cooperative agreement in November 2017 with Goforth & Marti (doing business as G/M Business Interiors) that is available for use by all public agencies in the County. Use of this agreement discounts the selected office furniture from the list prices and City Policy No. 201-2-1 allows for purchases under such cooperative agreements. However, the policy states that such agreements must have been awarded within the past year. Staff recommends that the City Council deviate from the policy in this case because the County agreement is still a valid, five-year agreement. Execution of the purchase order now will avoid a pending price increase at the start of the new calendar year.

Staff also requests City Council approve the purchase of new interiors for each of the elevators at City Hall. Both of the elevator interiors have met their useful life and are in need of upgrading. With the elevators being the conduit to the new Council Chambers, rehabilitating the elevators just after the completion Council Chambers is highly recommended. This purchase and installation will also be through a cooperative purchasing agreement with “Source Well” (refer to attachment 7 for elevator quote and Source Well Agreement).
606
Agenda Report Page 3
Contracts or purchase orders for other work will be presented to the City Council as appropriate as those items proceed in parallel to the main City Hall Council Chambers tenant improvement project.

Based on the low bid, project costs are estimated as follows:

Construction Contract
277,800
65,500
144,400
10,000
Furniture
Construction Contract Contingency (15%)
150,000
$1,851,707
Misc. items (permits, plan check, etc.)
Construction Management and Inspection
Elevator Rehabilitation
Total Estimated Construction Cost (Rounded Up) $2,499,500 Note that in FY 2020-2021 the City Council approved an amendment up to $176,000 for the design of the improvements plus as-needed consultant design support during the construction phase. Therefore, the grand total approved budget is $2,675,500 ($176,000 in FY 2020-2021 and $2.5 million in FY 2021-2022).

As required by City Policy and State Law, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract. A warranty bond will also be required prior to City Council acceptance of completion of the project.

Recommended
Action: STAFF RECOMMENDS THAT the City Council:

1. Approve Plans and Specifications for the City Hall Council Chambers Tenant Improvement, Project No. 12563;

2. Approve a supplemental appropriation in the amount of $484,000 from the Local Cable Infrastructure Fund to Account no. 018-245-45500-0000 (Machinery and Equipment) for Project No. 12563;

3. Approve and authorize the Public Works Director/City Engineer to execute, Contract No._________, in the amount of $1,851,707 by and between the City of San Clemente and Thomco Construction, Inc., for construction of the City Hall Council Chambers Tenant Improvement, Project No. 12563; and

4. Approve and authorize the Public Works Director/City Engineer to execute a purchase order with G/M Business Interiors for furniture in accordance with the County of Orange Regional Cooperative Agreement No. RCA-017-18010014 in the amount of $144,400, for office furniture for the new City Hall Council Chambers Tenant Improvement, Project No. 12563.

5. Approve and authorize the Public Works Director/City Engineer to execute a 607
Agenda Report Page 4
purchase order with TK Elevator Corporation for interior rehabilitation in accordance with the Source Well Cooperative Agreement in the amount of $65,500 for the new City Hall Council Chambers Tenant Improvement, Project No. 12563.

Attachments: 1. May 18, 2021 Staff Report

2. August 17, 2020 Staff Report

3. 3D Model of the Council Chambers

4. Bidder’s Listing

5. Thomco Construction, Inc. Contract

6. Furniture Quotation and County Master Agreement

7. Elevator Quotation and Source Well Agreement
s:\cd\engineering\secure\admin\2021\12-21-21\12-21-21-2r.docx 608
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: June 4, 2024 Agenda Item: 11I.

Submitted By: Finance and Administrative Services
Prepared By: Sandee Chiswick, Accounting Supervisor
Subject:
..titl e
ESTABLISHING APPROPRIATIONS LIMIT (GANN) FOR FISCAL YEAR (FY) 2024-25 ..body Fiscal Impact:

None.

Summary:

The California Constitution limits the amount an individual city can budget (appropriate) from tax revenue proceeds each year. This limit, called an “appropriations limit”, is calculated by each city annually and must be established via a formal resolution of the city’s governing body. For FY 2024-25, the City of San Clemente’s calculated appropriations limit is $118,137,425. The amount that the City is budgeting from proceeds of taxes for FY 2024-25 is well below that limit.

Background:

Article XIII B of the California Constitution specifies that cities annually establish an appropriations limit by formal resolution of the city’s governing body. Article XIII B further specifies this limit may increase annually by a factor comprised of the changes in population for the city or the county (whichever is higher), combined with either the change in California per capita personal income or the change in the local assessment roll due to nonresidential construction.

The State Department of Finance transmits an estimate of the percentage change in population to local governments annually, per California Revenue and Taxation Code Section 2227. This information is used to establish the FY 2024-25 appropriations limit.

The calculation of San Clemente’s appropriation limit for FY 2024-25 Appropriations Limit is presented on the Exhibits attached to this report. For the FY 2024-25 calculation, the annual adjustment factor is based on population change for the County of Orange and the change in California per capita income. Using these in the calculation results in an overall increase in the appropriations limit of $4,479,511 for a total of $118,137,425. The budgeted proceeds of taxes total $65,025,124, which represents 55% of the amount the City is entitled to appropriate for FY 2024-25.

Council Options:
 Adopt Resolution No. 24-85.
 Modify and Adopt Resolution No. 24-85.
 Continue the item and direct staff to provide additional information. 609
Meeting Date: June 4, 2024 Agenda Item: 11I.

CITY OF SAN CLEMENTE 2
 Deny Resolution No. 24-85.

Environmental Review/Analysis:

Not a “project” pursuant to the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation ..recommendation
Adopt Resolution No. 24-85 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, ESTABLISHING AN APPROPRIATIONS LIMIT PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION. ..end
Attachment:

1. Resolution No. 24-85

2. Exhibit I – Appropriations Limit Computation for Fiscal Year 2024-25.

Notification:

None.
610
Attachment 1
RESOLUTION NO. 24-85

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, ESTABLISHING AN

APPROPRIATIONS LIMIT PURSUANT TO ARTICLE

XIIIB OF THE CALIFORNIA CONSTITUTION
WHEREAS, Article XIIIB of the California Constitution provides that the total annual appropriations subject to limitation of each government entity, including this City, shall not exceed the appropriations limit of such government entity for the prior year adjusted for changes in the local assessment roll for non-residential construction or personal income and population, except as otherwise provided in said Article XIIIB and implementing State Statutes; and
WHEREAS, pursuant to Article XIIIB of the California Constitution, and Section 7900 et seq. of the California Government Code, the City is required to establish its annual appropriations limit; and
WHEREAS, the City of San Clemente has calculated and determined that the appropriations limit be established in the amount of $118,137,425 for the Fiscal Year 2024-25 (the “Appropriations Limit”); and
WHEREAS, as required by Government Code section 7910(a), documentation used in the determination of the Appropriations Limit and other necessary determinations was available to the public at least fifteen (15) days prior to the June 4, 2024 council meeting when this Resolution was considered.

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

Section 1. That the foregoing recitals are true and correct and incorporated herein.

Section 2. That the City Council of the City of San Clemente, California finds that the Fiscal Year 2024-25 Appropriations Limit in the amount of $118,137,425 is hereby established for said Fiscal Year 2024-25.

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

Section 4. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 611
Resolution No. 24-85 Page 2
PASSED AND ADOPTED this _____ day of ________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California 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. 24-85 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of
_______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________.
________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
612
Exhibit I
City of San Clemente
Article XIII B: Appropriations Limit Computation
For The Fiscal Year 2024-25

1. Appropriations limit for FY 2023-24 $ 113,657,914 (1)

2. Annual Adjustment Factor
a. Per capita personal income change 3.62% (2)
b. Population change 0.31% (3)
(1.036 times 1.003) 1.03941222

3. FY 2024-25 limit times annual adjustment factor 118,137,425

4. Less FY 2023-24 excess user fees or other alterations 0

5. Appropriations Limit for FY 2024-25 118,137,425

6. FY 2024-25 proceeds from taxes 65,025,124

7. Margin $ 53,112,301

Notes:
(1) Established by Resolution 22-25
(2) Source is the State Department of Finance
(3) The higher of the City population change or the total County population change is used for this factor. For FY 2024-25, the County change exceeds the City. The difference in City population of 62,297 at 1/2024 and population of 62,481 at 1/2023 divided by 62,481 = -0.29% and the County change is 0.31%. 613
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: June 4, 2024 Agenda Item: 11J.

Submitted By: Public Works
Prepared By: Fatana Temory, Management Analyst
Zak Ponsen, Assistant City Engineer
Subject:
..titl e
CONSIDERATION OF A RESOLUTION TO DESIGNATE FISCAL YEAR (FY) 2024-2025 STREET REHABILITATION PROJECTS PURSUANT TO SENATE BILL 1 (SB1) THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 AND FINDING THE PROJECTS EXEMPT FROM ..body THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Fiscal Impact:

The proposed resolution formally designates SB1 gas tax funds to the planned projects proposed in the FY 2024-25 Capital Improvement Program. It is estimated that the City will receive approximately $1,661,405 in SB 1 Gas Tax funds in FY 2024-25.

Summary:

The proposed resolution designates the following projects to receive SB1 gas tax funds:
 Traffic Signal Camera Replacement
 Calafia Complete Streets
 Camino Capistrano Crosswalk Improvements
 El Camino Real and Avenida Palizada to Presidio Class 3 Bike Improvements  Mira Costa Pedestrian Island
 Traffic Signal Cabinet and Pedestals Replacement
 Signalized Intersection Improvements
This resolution is required by SB1 funding requirements.

Background:

In April 2017, the Governor signed SB 1 titled “The Road Repair and Accountability Act of 2017”, which provides funding to cities and counties for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system. SB 1 increases per gallon fuel excise taxes, diesel fuel sales taxes and vehicle registration taxes, and provides inflationary adjustments to fuel tax rates in future years. Collected tax revenue is deposited into a new Road Maintenance and Rehabilitation Account (RMRA), and some of this new RMRA funding is apportioned by formula to eligible cities and counties. It is estimated that San Clemente will receive approximately $1,661,405 in RMRA funding in FY 2024-25. This revenue estimate has been incorporated into the proposed FY 2024-25 budget.
614
Meeting Date: June 4, 2024 Agenda Item: 11J.

CITY OF SAN CLEMENTE 2
SB1 includes increased transparency and reporting requirements, including a requirement that projects proposed for SB1 funding must be designated by resolution. The proposed FY 2024-25 CIP includes RMRA funding for the proposed projects listed in the resolution. Projects that have not been completed from previous years are required to be included in the FY 2024-25 resolution.

Projects will improve traffic signals, traffic signal controller cabinets and pedestals, and address public safety by creating accessible pedestrian routes in highly traveled area where sidewalk does not exist. The attached resolution is required by the state to formally designate SB1 gas tax funds to the project.

Council Options:
 Adopt Resolution No. 24-86 to designate FY 2024-2025 Street Rehabilitation Projects pursuant to Senate Bill 1 (SB1), The Road Repair and Accountability Act of 2017.  Modify and adopt Resolution No. 24-86.
 Continue the item and direct staff to provide additional information.

Environmental Review/Analysis:

Staff recommends that the City Council determine that the projects designated to receive SB1 gas tax funds are categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR Section 15301), and Class 2 (Replacement or Reconstruction, 14 CCR section 15302) of the State CEQA Guidelines.

Recommended Actions:

Staff Recommendation ..recommendation
..recommendation
Staff recommends that the City Council adopt Resolution No. 24-86 entitled “A Resolution of the City Council of the City of San Clemente Adopting a List of Projects for Fiscal Year 2024-2025 Funded by Senate Bill 1 (SB 1): The Road Repair and Accountability Act of 2017 and Finding the Projects Categorically Exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR Section 15301), and Class 2 (Replacement or Reconstruction, 14 CCR section 15302) of the State CEQA Guidelines.”
..end
Attachment:

1. Resolution No. 24-86
Notification:

None.
615
Attachment 1
RESOLUTION NO. 24-86

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE ADOPTING A LIST OF PROJECTS FOR
FISCAL YEAR 2024-2025 FUNDED BY SENATE BILL 1 (SB
1): THE ROAD REPAIR AND ACCOUNTABILITY ACT OF
2017 AND FINDING THE PROJECTS CATEGORICALLY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING
FACILITIES, 14 CCR SECTION 15301), AND CLASS 2
(REPLACEMENT OR RECONSTRUCTION, 14 CCR
SECTION 15302) OF THE STATE CEQA GUIDELINES
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of San Clemente must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City of San Clemente, will receive an estimated $1,661,405 in RMRA funding in Fiscal Year 2024-25 from SB 1; and
WHEREAS, this is the eighth year in which the City of San Clemente is receiving SB 1 funding, which will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City of San Clemente has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and 616
Resolution No. 24-86 Page 2
WHEREAS, the City of San Clemente used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the priorities of the community for transportation investment; and
WHEREAS, the City of San Clemente determined areas lacking appropriate pedestrian routes in highly traveled areas to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the priorities of the community for transportation investment; and WHEREAS, the funding from SB 1 will help the City of San Clemente maintain and rehabilitate arterial streets/roads and sidewalks throughout the City of San Clemente this year and into the future; and
WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City of San Clemente’s streets and roads are in an overall good condition and this revenue will help us increase the overall good quality of the road system and over the next decade; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

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

SECTION 1:Incorporation of Recitals.

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

SECTION 2:CEQA Findings.

Based upon its review of the entire records, including the Staff Report, any public comments or testimony presented to the City Council, the City Council herby finds and determines that the proposed projects listed in Section 3 below are categorically exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Class1: Existing Facilities, 14 CCR section 15301) and Section 15302 (Class 2: Replacement or 617
Resolution No. 24-86 Page 3
Reconstruction, 14 CCR section 15302). The projects will not have a direct or foreseeable indirect substantial effect on the environment.

Section 3: The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues:

Project Title: Traffic Signal Camera Replacement
Project Description: This project will replace damaged and/or deteriorated traffic signal cameras, as needed.

Project Location: El Camino Real, Ave. Del Mar, Ave. Pico, Ave. Vaquero, Ave.

Del Presente, Ave. Palizada, Ave. Vista Hermosa, Ave. Vera Cruz, Ave. Del Rio, Ave. La Pata, Calle Del Cerro, Calle Amanecer, Camino De Los Mares, Camino De Estrella, Calle Sarmentoso, Calle Saluda, Ave. Talega, Camino la Pedriza Estimated Project Schedule: Start: July 2024 – Completion: June 2025 based on the component being funded with RMRA funds
Estimated Project Useful Life: 20 Years
Project Title: Calafia Complete Streets
Project Description: Design and construction of new bicycles and sidewalk improvements along Avenida Calafia from Ave. Del Presidente to the California State Parks parking lot
Project Location: Avenida Calafia
Estimated Project Schedule: Design Start: July 2024 – Completion: Jan 2025.

Construction Start: May 2025 – Completion June 2026 based on the component being funded with RMRA funds
Estimated Project Useful Life: 20 Years
Project Title: Camino Capistrano Crosswalk Improvements Project Description: Construction improvements for addition of new crosswalk on Camino Capistrano at the intersection with Via Breve.

Project Location: Camino Capistrano
Estimated Project Schedule: Start: July 2024 – Completion: December 2024 based on the component being funded with RMRA funds
Estimated Project Useful Life: 20 Years
Project Title: El Camino Real and Palizada to Presidio Class 3 Bike Improvements Project Description: Construction of new Class 3 shared bike lane improvements on El Camino Real from Ave. Pico to Calle Del Comercio, and from the east terminus of Ave. Palizada through Ave. Caballeros, El Oriente, Calle Empalme, Calle Miguel to Ave. Presidio.
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Resolution No. 24-86 Page 4
Project Location: El Camino Real and Broadmore area south of San Clement High School.

Estimated Project Schedule: Start: Dec. 2024 – Completion: June 2025 based on the component being funded with RMRA funds
Estimated Project Useful Life: 20 Years
Project Title: Mira Costa Pedestrian Island
Project Description: Construction for new pedestrian island on Mira Costa at the Mira Costa Public Park.

Project Location: Mira Costa.

Estimated Project Schedule: Start: Dec. 2024 – Completion: June 2025 based on the component being funded with RMRA funds
Estimated Project Useful Life: 20 Years
Section 4: The following previously proposed and adopted projects may also utilize Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City of San Clemente is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

Project Title: Traffic Signal Cabinet & Pedestals Replacement Project Description: This project will replace damaged and/or deteriorated traffic signal controller cabinets and pedestals, as needed.

Project Location: El Camino Real, Ave. Del Mar, Ave. Pico, Ave. Vaquero, Ave.

Del Presente, Ave. Palizada, Ave. Vista Hermosa, Ave. Vera Cruz, Ave. Del Rio, Ave. La Pata, Calle Del Cerro, Calle Amanecer, Camino De Los Mares, Camino De Estrella, Calle Sarmentoso, Calle Saluda, Ave. Talega, Camino la Pedriza Estimated Project Schedule: Start: December 2024 – Completion: June 2025 based on the component being funded with RMRA funds
Estimated Project Useful Life: 20 Years
Project Title: Signalized Intersection Improvements
Project Description: Improve all signalized intersections by adding yellow reflective blackplates to all traffic signal heads and upgrade and replace aging internally illuminated street name signs, as well as converting detection systems from cameras to loops at selected intersections to improve system performance.

Project Location: El Camino Real, Ave. Del Mar, Ave. Pico, Ave. Vaquero, Ave.

Del Presente, Ave. Palizada, Ave. Vista Hermosa, Ave. Vera Cruz, Ave. Del Rio, Ave. La Pata, Calle Del Cerro, Calle Amanecer, Camino De Los Mares, Camino De Estrella, Calle Sarmentoso, Calle Saluda, Ave. Talega, Camino la Pedriza 619
Resolution No. 24-86 Page 5
Estimated Project Schedule: Start: December 2024– Completion: June 2025 based on the component being funded with RMRA funds
Estimated Project Useful Life: 20 Years
Section 5:The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED by the City Council of the City of San Clemente, State of California this ____ day of June, 2024, by the following vote:

ATTEST:
_______________________________ _____________________________ City Clerk of the City of San Clemente, Mayor of the City of San Clemente, California California
620
Resolution No. 24-86 Page 6

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-86 was adopted at a regular meeting of the City Council of the City of San Clemente held on ______ day of June 2023, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. ____________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
Elizabeth A. Mitchell, City Attorney
621
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: June 4, 2024 Agenda Item: 11K.

Submitted By: Public Works
Prepared By: Fatana Temory, Management Analyst
Zak Ponsen, Assistant City Engineer
Subject:
..titl e
CONSIDERATION OF A RESOLUTION FOR RENEWED MEASURE M2 ANNUAL FUNDING ELIGIBILITY – FISCAL YEAR 2024-2025 ..body
Fiscal Impact:

The recommended action will continue the City’s eligibility for receiving Measure M2 Local Fair Share allocations estimated at approximately $1.3 million for Fiscal Year 2024-2025 once all eligibility requirements are fulfilled.

Summary:

Before the City Council is a resolution approving the proposed 2024-25 Measure M2 Seven-Year Capital Improvement Program and authorizing the Director of Public Works to submit the City of San Clemente’s Measure M2 eligibility submittals to the Orange County Transportation Authority (OCTA). The purpose of this action is to maintain eligibility for funding under the Orange County Renewed Measure M Programs. The yearly deadline for submittal of City Council Resolutions is July 1.

Background:

In November 1990, Orange County voters approved Measure M, a one-half percent sales tax increase for 20 years, to fund transportation projects in Orange County. Furthermore, in November 2006, the voters approved Renewal of Measure M (M2) for an additional thirty years, which became effective in April 2011. County-wide Measure M2 improvement projects include upgrading major freeway and rail transit system, maintaining streets and roads, synchronizing traffic signals countywide and implementing environmental cleanup program.

The renewed Measure M Ordinance requires local jurisdictions to annually submit specific documentation to the OCTA. Local jurisdictions must meet the following requirements to be eligible for fair share and competitive M2 funds:
 Adopt and update a seven-year Capital Improvement Program (CIP). The attached CIP list includes all capital transportation projects proposed from Fiscal Years 2024-25 through 2030- 31 as shown in Exhibit A.
 Adopt a General Plan Circulation Element consistent with the Master Plan of Arterial Highways (MPAH).
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Meeting Date: June 4, 2024 Agenda Item: 11K.

CITY OF SAN CLEMENTE 2
 Submit a Pavement Management Plan (PMP) update biennially to OCTA.  Adopt and provide an annual Expenditure Report to OCTA within six months of end of fiscal year.
 Adopt and maintain a Local Signal Synchronization Plan (LSSP) every three years.  Satisfy Maintenance of Effort (MOE) requirements.
 Agree to expend all Local Fair Share revenues received through Renewed Measure M within three years of receipt.
 Participate in traffic forum (City Staff has participated in various working group sessions hosted by OCTA).
 Establish a policy that requires new development to pay its fair share of transportation related improvements associated with their new development. The City’s Regional Circulation Financing & Phasing Program (RCFPP) fulfills this requirement.  Provide OCTA with a Project Final Report within six months following completion of a project funded with net revenues.
 Agree that Net Revenues shall not be used to supplant developer funding.  Consider, as part of eligible jurisdiction’s General Plan, land use and planning strategies that accommodate transit and non-motorized transportation. The General Plan update included policies and language that encourage and facilitate transit and non-motorized transportation options.
 Comply with the conditions and requirements of the Orange County Congestion Management Program (CMP). The City is required to comply with the County’s CMP such as traffic level of service (LOS).

The seven-year CIP is not a formal list of projects that the City is obligated to complete. The intent of the seven-year CIP is to present to OCTA a long-term forecast showing the City’s efforts are focused on a variety of transportation projects. During consideration of the 2023 Measure M2 Annual Funding Eligibility Resolution, there was discussion of the 7-Year CIP list and projects such as the potential for creating a bicycle and pedestrian tunnel under the I-5 Freeway. As stated then, projects such as these are included in the 7-Year CIP to show that the City has longterm transportation projects being considered. The City has approved the Bicycle and Pedestrian Master Plan of projects shown in the plan require City Council approval and funding which is typically accomplished through the City’s formal two-year budget process. During the next fiscal year, staff will make a concerted effort to revise the 7-Year CIP list to ensure each project is best represented in future years.
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Meeting Date: June 4, 2024 Agenda Item: 11K.

CITY OF SAN CLEMENTE 3
Staff would like to note one modification to the 7-year Capital Improvement Plan (CIP). TIP ID CP 11023 is indicated as being stuck from the plan. This project has been discussed in the past and does not appear to be physically feasible. Rather than have the project continually appear on the plan, staff will remove the project from the list. If, in the future, the project becomes feasible or desirable, the project can be added at a later date.

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

Council Options:
 Approve the M2 Seven-Year Capital Improvement Program and adopt the necessary resolutions for submittal of required documents to OCTA.  Continue the Item and direct staff to provide additional information. Note: Any continued Item would need to be brought back to City Council and approved prior to July 1, 2024 or the City may lose its eligibility to receive Measure M2 funds.
 Deny some or all staff recommendations. This would result in the City losing its eligibility to receive Measure M2 funds.

Environmental Review/Analysis:

Staff anticipates that most, if not all, of the 7-Year CIP projects are categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR Section 15301) or Class 2 (Replacement or Reconstruction, 14 CCR Section 15302). However, individual project analysis will occur as the projects are funded or when appropriate under CEQA.

Recommended Actions:

Staff Recommendation
..recommendation
Staff recommends that the City Council adopt Resolution No. 24-87, which will:

1. Approve and adopt the 2024 Measure M2 Seven-Year Capital Improvement Program for Fiscal Years 2024-25 through 2030-2031; and

2. Authorize and direct the Public Works Director to submit Measure M2 funding eligibility requirements on behalf of the City of San Clemente to the Orange County Transportation Authority and take all actions necessary and proper to obtain Measure M2 funding for Fiscal Year 2024-2025.
..end
Attachment:

1. Resolution No. 24-87

2. Exhibit A - Seven Year CIP Program
Notification:

None.
624
Attachment 1
RESOLUTION NO. 24-87

A RESOLUTION OF THE CITY OF SAN CLEMENTE CITY

COUNCIL APPROVING THE SUBMITTAL OF THE
RENEWED MEASURE M2 ANNUAL FUNDING ELIGIBILITY
WHEREAS, local jurisdictions are required to meet eligibility requirements and submit eligibility verification packages to the Orange County Transportation Authority (OCTA) in order to remain eligible to receive M2 funds; and WHEREAS, the Orange County Transportation Authority intends to allocate Measure M2 funds to the incorporated cities and the County of Orange, as applicable; and
WHEREAS, the City is estimated to receive approximately $1.3 million from Measure M2 Local Fair Share allocations once all eligibility requirements are fulfilled.

WHEREAS, Measure M2 improvement projects include upgrading major freeway and rail transit system, maintaining streets and roads, synchronizing traffic signals countywide and implementing environmental cleanup program; and WHEREAS, the City desires to maintain eligibility for funding under the Orange County Renewed Measure M Programs; and
WHEREAS, the City of San Clemente has been declared by the Orange County Transportation Authority to meet the eligibility requirements to receive Measure M2 funds, including Project V funds; and,
WHEREAS, the City of San Clemente must include projects funded by Net Revenues in the seven-year Capital Improvement Program as part of the Measure M2 Ordinance eligibility requirement; and
WHEREAS, the City of San Clemente authorizes a formal amendment to the seven-year Capital Improvement Program to add projects approved for funding upon approval from the Orange County Transportation Authority Board of Directors.

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

Section 1. That the 2024 Measure M2 Seven-Year Capital Improvement Program for Fiscal Years 2024-25 through 2030-2031 attached hereto as Exhibit A and fully incorporated herein is hereby approved and adopted.

Section 2. That the Public Works Director is hereby authorized and directed to submit Measure M2 funding eligibility requirements on behalf of the City of San Clemente to the Orange County Transportation Authority and take all actions necessary and proper to obtain Measure M2 funding for Fiscal Year 2024-2025. 625
Resolution No. 24-87 Page 2
Section 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this ____ day of June, 2024.

ATTEST:
_______________________________ _____________________________ City Clerk of the City of San Clemente, Mayor of the City of San Clemente, California 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. 24-87 was adopted at a regular meeting of the City Council of the City of San Clemente held on ______ day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. ____________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
626
Orange County Transportation Authority
FY 2024/25 - FY 2030/31 Capital Improvement Program
TIP ID CP-11481 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Alley Pavement Rehabilitation
Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance - Alleys
This project consists of grinding, reconstructing deteriorated pavement areas, replacing failed curb and gutter, curb ramps, alley gutters, and overlaying the existing pavement. This project is part of a several year program to rehabilitate the City
Limits
Citywide
Project Notes
Other Fund = Street Improvement Fund

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Other $0 $0 $100,000 $100,000 $200,000 $203,000
2026 Other $0 $0 $100,000 $100,000 $200,000 $206,090
Totals: $0 $0 $200,000 $200,000 $400,000 $409,090
Last Revised: 24-00 - In Progress Total Programmed: $400,000 TIP ID CP-11001 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Annual Arterial Street Pavement Maintenance Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance -
Reconstruction of roadway
The project will reconstruct deteriorated pavement areas, crack seal and slurry seal the existing pavement. As a part of the project, the City will repurpose the travel lane alignments to best serve the users of the roadway Limits
Citywide
Project Notes
other fund - gas tax

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Gas Tax $0 $0 $750,000 $0 $750,000 $772,500
2026 Gas Tax $0 $0 $750,000 $0 $750,000 $795,675
2027 Gas Tax $0 $0 $750,000 $0 $750,000 $819,545
2028 Gas Tax $0 $0 $750,000 $0 $750,000 $844,132
2029 Gas Tax $0 $0 $750,000 $0 $750,000 $869,456
2030 Gas Tax $0 $0 $750,000 $0 $750,000 $895,539
2031 Gas Tax $0 $0 $0 $0 $0 $0
Totals: $0 $0 $4,500,000 $0 $4,500,000 $4,996,847
Last Revised: 24-00 - In Progress Total Programmed: $4,500,000 TIP ID CP-11005 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Annual Street Rehabilitation Project Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance -
Rehabilitation of roadway
The project involves performing removal and reconstruction of damaged and deteriorated portions of the street pavement and overlaying the entire segment of pavement with approximately 2" of Asphaltic Cement.

Limits
Various Streets
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 General Fund $0 $0 $550,000 $0 $550,000 $566,500
2026 General Fund $0 $0 $550,000 $0 $550,000 $583,495
2027 General Fund $0 $0 $550,000 $0 $550,000 $601,000
2028 General Fund $0 $0 $550,000 $0 $550,000 $619,030
2029 General Fund $0 $0 $550,000 $0 $550,000 $637,601
2030 General Fund $0 $0 $550,000 $0 $550,000 $656,729
2031 General Fund $0 $0 $550,000 $0 $550,000 $676,431
Totals: $0 $0 $3,850,000 $0 $3,850,000 $4,340,786
Last Revised: 24-00 - In Progress Total Programmed: $3,850,000 Exhibit A
627
TIP ID CP-11302 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Arterial Pavement Preservation Program Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance - Slurry
seal of roadway
The City annually budgets to slurry seal City streets identified with the highest need, as determined by staff. The annual Slurry Seal Program extends the life of the existing City streets and delays the need for rehabilitation or reconstruction.

Limits
City Wide Arterials
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Gas Tax $0 $0 $750,000 $0 $750,000 $772,500
2026 Gas Tax $0 $0 $750,000 $0 $750,000 $795,675
2027 Gas Tax $0 $0 $750,000 $0 $750,000 $819,545
2028 Gas Tax $0 $0 $750,000 $0 $750,000 $844,132
2029 Gas Tax $0 $0 $750,000 $0 $750,000 $869,456
2030 Gas Tax $0 $0 $750,000 $0 $750,000 $895,539
2031 Gas Tax $0 $0 $0 $0 $0 $0
Totals: $0 $0 $4,500,000 $0 $4,500,000 $4,996,847
Last Revised: 24-00 - In Progress Total Programmed: $4,500,000 TIP ID CP-11006 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: As-Needed Pavement Repairs and Crack Sealing Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance -
Rehabilitation of roadway
Contract with construction company to repair and crack seal pavements as needed. This project will address needed pavement structural repairs and crack sealing in an expeditious manner. Types of projects may include specific failed pavement sections
Limits
City wide
Project Notes
Other: Street Improv. Fund Transfers from Sewer and
Water Fund

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Other $0 $0 $350,000 $0 $350,000 $360,500
2026 Other $0 $0 $350,000 $0 $350,000 $371,315
2027 Other $0 $0 $350,000 $0 $350,000 $382,454
2028 Other $0 $0 $350,000 $0 $350,000 $393,928
2029 Other $0 $0 $350,000 $0 $350,000 $405,746
2030 Other $0 $0 $350,000 $0 $350,000 $417,918
2031 Other $0 $0 $350,000 $0 $350,000 $430,456
Totals: $0 $0 $2,450,000 $0 $2,450,000 $2,762,317
Last Revised: 24-00 - In Progress Total Programmed: $2,450,000 TIP ID CP-11008 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Avenida Calafia Rehabilitation
Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance -
Rehabilitation of roadway
This project consists of reconstructing deteriorated curb & gutter, access ramps and asphalt pavements. The entire road width will be overlayed with 2 inches of rubberized asphalt. Grant to include complete streets.

Limits
Avenida Montalvo to State Park Entrance
Project Notes
OC Complete Streets Grant 24/25 - Gas Tax/RMRA
24/25 - Other - OC Grant 25/26 - Gas Tax/RMRA 25/26 -
Other - OC Grant 25/26 - M2 - Street Imp Fund
FISCAL

YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTALESCALATED 2025 Other $126,000 $0 $0 $126,000 $252,000 $252,000
2025 Gas Tax $24,000 $0 $0 $24,000 $48,000 $48,000
2026 Gas Tax $158,000 $0 $0 $158,000 $316,000 $316,000
2026 Other $0 $0 $842,000 $0 $842,000 $893,278
2026 Measure M2 Local
Fairshare $0 $0 $500,000 $0 $500,000 $530,450
Totals: $308,000 $0 $1,342,000 $308,000 $1,958,000 $2,039,728 Last Revised: 24-00 - In Progress Total Programmed: $1,958,000 628
TIP ID CP-11010 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Avenida Del Mar at Ola Vista Intersection Control Improvements Type of Work: Intersection Project Description
Type of Work Description: Intersection - Other
Signal modification to add pedestrian scramble. Evaluate and construct pedestrian upgrades including curb popouts and ADA compliant pedestrian ramps with pavers.

Limits
The intersection of Avenida Del Mar and Ola Vista
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2028 Unfunded/Unknown $0 $0 $1,125,000 $0 $1,125,000 $1,266,197 2028 Gas Tax $0 $0 $375,000 $0 $375,000 $422,066
Totals: $0 $0 $1,500,000 $0 $1,500,000 $1,688,263
Last Revised: 24-00 - In Progress Total Programmed: $1,500,000 TIP ID CP-11012 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Avenida La Pata
Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance -
Rehabilitation of roadway
Rehabilitating deteriorated pavements and upgrading deficient curb, gutter, access ramps. The entire road width will be overlayed with 2-inches of rubberized asphalt.

Limits
Avenida Vista Hermosa to Cl Saluda
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2027 Unfunded/Unknown $0 $0 $900,000 $0 $900,000 $983,454 2027 Gas Tax $0 $0 $300,000 $0 $300,000 $327,818
Totals: $0 $0 $1,200,000 $0 $1,200,000 $1,311,272
Last Revised: 24-00 - In Progress Total Programmed: $1,200,000 TIP ID CP-11016 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Avenida Palizada Corridor
Type of Work: Traffic Signals Project Description
Type of Work Description: Traffic Signals - Replace
and upgrade traffic signals and equipment
Upgrade existing Traffic Signal including Battery Backup, Emergency Preemption, and interconnection to adjacent signalized intersection
Limits
Avenida Palizada/ I-5 N/B On Ramps / El Camino Real
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Unfunded/Unknown $275,000 $0 $0 $0 $275,000 $275,000 2026 Gas Tax $275,000 $0 $400,000 $0 $675,000 $699,360
2027 Gas Tax $0 $0 $300,000 $0 $300,000 $327,818
Totals: $550,000 $0 $700,000 $0 $1,250,000 $1,302,178
Last Revised: 24-00 - In Progress Total Programmed: $1,250,000 TIP ID CP-11021 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Avenida Pico Bicycle Path Phase II Type of Work: Bikeways Project Description
Type of Work Description: Bikeways - New bike route Construct new bicycle path, approximately 2 miles on both sides of Avenida Pico.

Limits
From I-5 to El Camino Rea
Project Notes
Project completed via Street Imp CIP and MHC
developments.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Unfunded/Unknown $0 $0 $1,250,000 $0 $1,250,000 $1,287,500 2026 Unfunded/Unknown $0 $0 $1,250,000 $0 $1,250,000 $1,326,125 Totals: $0 $0 $2,500,000 $0 $2,500,000 $2,613,625
Last Revised: 24-00 - In Progress Total Programmed: $2,500,000 629
TIP ID CP-11023 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Avenida Pico Bicycle Path Phase III Type of Work: Bikeways Project Description
Type of Work Description: Bikeways - New bike route Construct tunnel under fwy I-5 to connect Avenida Pico bicycle path project phases 1 and 2.

Limits
Avenida Navarro to I-5 ramps
Project Notes
Project is show on City's Bicycle and Pedestrian Motor
Plan

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2028 Unfunded/Unknown $0 $0 $1,000,000 $0 $1,000,000 $1,125,509 2029 Unfunded/Unknown $0 $0 $5,000,000 $0 $5,000,000 $5,796,370 2030 Unfunded/Unknown $0 $0 $10,000,000 $0 $10,000,000 $11,940,523 2031 Unfunded/Unknown $0 $0 $1,000,000 $0 $1,000,000 $1,229,874 Totals: $0 $0 $17,000,000 $0 $17,000,000 $20,092,276
Last Revised: 24-00 - In Progress Total Programmed: $17,000,000 TIP ID CP-11026 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Avenida Pico Class 1 Bicycle Path Phase I Type of Work: Bikeways Project Description
Type of Work Description: Bikeways - New bike route Construct new bicycle path, approximately 2 miles on both sides of Avenida Pico.

Limits
Calle Frontera to Camino Vera Cruz
Project Notes
Developer: RCFPP fund

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2027 Developer $0 $0 $1,600,000 $0 $1,600,000 $1,748,363 Totals: $0 $0 $1,600,000 $0 $1,600,000 $1,748,363
Last Revised: 24-00 - In Progress Total Programmed: $1,600,000 TIP ID CP-11477 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: 17337 Project Title
Additional Project IDs: Avenida Pico Class 1 Bike/Ped Path (Frontera to Vera Cruz) Type of Work: Bikeways Project Description
Type of Work Description: Bikeways - Widening of
existing bike route
This project will construct a Class I Bike/Pedestrian Path adjacent to westbound Avenida Pico between Camino Vera Cruz and Calle Frontera.

Limits
Camino Vera Cruz to Calle Frontera
Project Notes
RCFPP Fund

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2027 Developer $0 $0 $1,600,000 $0 $1,600,000 $1,748,363 Totals: $0 $0 $1,600,000 $0 $1,600,000 $1,748,363
Last Revised: 24-00 - In Progress Total Programmed: $1,600,000 TIP ID CP-11033 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Avenida Pico Rehabilitation Phase 5 Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance -
Rehabilitation of roadway
Rehabilitating deteriorated pavements and upgrading deficient curb, gutter, access ramps. The entire road width will be overlayed with 2-inches of rubberized asphalt.

Limits
Avenida Vista Hermosa to Camino La Padriza
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2028 Unfunded/Unknown $0 $0 $222,500 $0 $222,500 $250,426 2028 Gas Tax $0 $0 $222,500 $0 $222,500 $250,426
2029 Gas Tax $0 $0 $222,500 $0 $222,500 $257,938
2029 Unfunded/Unknown $0 $0 $222,500 $0 $222,500 $257,938 Totals: $0 $0 $890,000 $0 $890,000 $1,016,728
Last Revised: 24-00 - In Progress Total Programmed: $890,000 630
TIP ID CP-11039 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Avenida Pico Widening
Type of Work: Road Widening Project Description
Type of Work Description: Road Widening - Widen
width of existing traffic lanes Widen the street to include bike lanes in each direction.

Limits
I-5 freeway to Avenida Frontera
Project Notes
RCFPP Fund. Design Phase.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Developer $0 $0 $375,000 $0 $375,000 $386,250
2026 Unfunded/Unknown $0 $0 $375,000 $0 $375,000 $397,838 Totals: $0 $0 $750,000 $0 $750,000 $784,088
Last Revised: 24-00 - In Progress Total Programmed: $750,000 TIP ID CP-11019 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Avenida Pico and Avenida La Pata Intersection Improvements Type of Work: Intersection Project Description
Type of Work Description: Intersection - Add right turn lane(s) to intersection
Intersection modification will include construction of a free s/b right turn from La Pata to Pico. The project also includes all signal modifications.

Limits
Avenida Pico and Avenida La Pata
Project Notes
Developer: Reg. Circ. Financing & Phasing Program
(RCFPP)

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2027 Traffic Impact Fees $0 $0 $100,000 $0 $100,000 $109,273 2028 Traffic Impact Fees $0 $0 $400,000 $0 $400,000 $450,204 Totals: $0 $0 $500,000 $0 $500,000 $559,477
Last Revised: 24-00 - In Progress Total Programmed: $500,000 TIP ID CP-11040 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Avenida Presidio/I-5 SB Ramps/Avenida De La Estrella Type of Work: Traffic Signals Project Description
Type of Work Description: Traffic Signals - Install new traffic signals and equipment
Install new traffic signal including Battery Backup, Emergency Preemption, and interconnection to adjacent signalized intersection.

Limits
Avenida Presidio/I-5 SB Ramps/Avenida De La Estrella
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2027 Gas Tax $0 $0 $250,000 $0 $250,000 $273,182
2027 Unfunded/Unknown $0 $0 $250,000 $0 $250,000 $273,182 Totals: $0 $0 $500,000 $0 $500,000 $546,364
Last Revised: 24-00 - In Progress Total Programmed: $500,000 TIP ID CP-11041 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Avenida Salvador Phase 1
Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance -
Rehabilitation of roadway
Rehabilitating deteriorated pavements and upgrading deficient curb, gutter, access ramps. The entire road width will be overlayed with 2-inches of rubberized asphalt.

Limits
From Cl Monserrat to Vista Valinda
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Gas Tax $0 $0 $40,000 $0 $40,000 $41,200
2025 Measure M2 Local Fairshare $0 $0 $40,000 $0 $40,000 $41,200 2025 Unfunded/Unknown $0 $0 $80,000 $0 $80,000 $82,400
Totals: $0 $0 $160,000 $0 $160,000 $164,800
Last Revised: 24-00 - In Progress Total Programmed: $160,000 631
TIP ID CP-11042 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Avenida Salvador Phase 2
Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance -
Rehabilitation of roadway
Rehabilitating deteriorated pavements and upgrading deficient curb, gutter, access ramps. The entire road width will be overlayed with 2-inches of rubberized asphalt.

Limits
Presidio to 300' N. of Malaguena
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Unfunded/Unknown $0 $0 $205,000 $0 $205,000 $217,484 2026 Measure M2 Local Fairshare $0 $0 $102,500 $0 $102,500 $108,742 2026 Gas Tax $0 $0 $102,500 $0 $102,500 $108,742
Totals: $0 $0 $410,000 $0 $410,000 $434,968
Last Revised: 24-00 - In Progress Total Programmed: $410,000 TIP ID CP-11043 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Avenida San Gabriel / Avenida San Pablo Intersection Improvement Type of Work: Intersection Project Description
Type of Work Description: Intersection - Other Construct drainage, ADA ramps, pedestrian improvements and repave existing roadway.

Limits
Avenida San Gabriel / Avenida San Pablo
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2027 Unfunded/Unknown $0 $0 $187,500 $0 $187,500 $204,886 2027 Gas Tax $0 $0 $62,500 $0 $62,500 $68,295
Totals: $0 $0 $250,000 $0 $250,000 $273,181
Last Revised: 24-00 - In Progress Total Programmed: $250,000 TIP ID CP-11046 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Avenida San Pablo
Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance -
Reconstruction of roadway
Rehabilitating deteriorated pavements and upgrading deficient curb, gutter, access ramps. Construct sidewalks and ADA ramps. The entire road width will be overlayed with 2-inches of rubberized asphalt.

Limits
Acapulco to cul de sac
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2027 Unfunded/Unknown $0 $0 $627,750 $0 $627,750 $685,959 2027 Measure M2 Local Fairshare $0 $0 $209,250 $0 $209,250 $228,653 Totals: $0 $0 $837,000 $0 $837,000 $914,612
Last Revised: 24-00 - In Progress Total Programmed: $837,000 TIP ID CP-11487 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Avenida Victoria Sidewalk Widening Type of Work: Pedestrian Project Description
Type of Work Description: Pedestrian -
Reconstruction or rehabilitation of sidewalk
This project is the widening of the sidewalk along the Eastern side of Avenida Victoria, between Coronado Lane to Monterey Lane.

Limits
Eastern side of Avenida Victoria, between Coronado
Lane to Monterey Lane
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2027 General Fund $0 $0 $650,000 $0 $650,000 $710,273
Totals: $0 $0 $650,000 $0 $650,000 $710,273
Last Revised: 24-00 - In Progress Total Programmed: $650,000 632
TIP ID CP-11081 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Avenida Vista Hermosa and Avenida La Pata Intersection Improvements Type of Work: Intersection Project Description
Type of Work Description: Intersection - Other
Improve and extend the southbound Avenida La Pata right turn pocket onto westbound Avenida Vista Hermosa due to heavy turning movement.

Limits
Avenida Vista Hermosa and Avenida La Pata
Project Notes
Developer: RCFPP

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2027 Traffic Impact Fees $175,000 $0 $0 $0 $175,000 $175,000 2028 Traffic Impact Fees $0 $0 $700,000 $0 $700,000 $787,856 Totals: $175,000 $0 $700,000 $0 $875,000 $962,856
Last Revised: 24-00 - In Progress Total Programmed: $875,000 TIP ID CP-11082 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Avenida Vista Hermosa and Avenida Vera Cruz Intersection Improvements Type of Work: Intersection Project Description
Type of Work Description: Intersection - Add left turn
lane(s) to intersection Operational improvements which include adding additional turn lanes.

Limits
Avenida Vista Hermosa and Avenida Vera Cruz
Project Notes
Developer: RCFPP Fund + Gas Tax

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2027 Traffic Impact Fees $200,000 $0 $0 $0 $200,000 $200,000 2028 Traffic Impact Fees $0 $0 $800,000 $0 $800,000 $900,407 Totals: $200,000 $0 $800,000 $0 $1,000,000 $1,100,407
Last Revised: 24-00 - In Progress Total Programmed: $1,000,000 TIP ID CP-11083 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Bonanza
Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance -
Rehabilitation of roadway
This project consists of reconstructing deteriorated curb & gutter, access ramps and asphalt pavements. The entire road width will be overlayed with 2‐inches of rubberized asphalt.

Limits
Camino De Los Mares to Caballista Del Norte
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Unfunded/Unknown $0 $0 $160,000 $0 $160,000 $164,800 2025 Gas Tax $0 $0 $80,000 $0 $80,000 $82,400
2025 Measure M2 Local Fairshare $0 $0 $80,000 $0 $80,000 $82,400 Totals: $0 $0 $320,000 $0 $320,000 $329,600
Last Revised: 24-00 - In Progress Total Programmed: $320,000 TIP ID CP-11086 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Calle Oso/West El Portal Sidewalk Type of Work: Pedestrian Project Description
Type of Work Description: Pedestrian - New sidewalk Construct missing sidewalk sections and ADA curb ramps.

Limits
Ave Del Poniente to Ave Buena Vista
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Unfunded/Unknown $0 $0 $550,000 $0 $550,000 $583,495 Totals: $0 $0 $550,000 $0 $550,000 $583,495
Last Revised: 24-00 - In Progress Total Programmed: $550,000 633
TIP ID CP-11096 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Camino Vera Cruz
Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance -
Rehabilitation of roadway
Rehabilitating deteriorated pavements and upgrading deficient curb, gutter, access ramps. The entire road width will be overlayed with 2-inches of rubberized asphalt.

Limits
Carretera to Vista Hermosa
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2027 Measure M2 Local Fairshare $0 $0 $107,000 $0 $107,000 $116,922 2027 Unfunded/Unknown $0 $0 $214,000 $0 $214,000 $233,844 2027 Gas Tax $0 $0 $107,000 $0 $107,000 $116,922
Totals: $0 $0 $428,000 $0 $428,000 $467,688
Last Revised: 24-00 - In Progress Total Programmed: $428,000 TIP ID CP-11099 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: 17-SCLM-TSP-3877 Project Title
Additional Project IDs: Camino Vera Cruz Traffic Signal Synchronization Type of Work: Traffic Signals Project Description
Type of Work Description: Traffic Signals -
Interconnect traffic signals to improve coordination and communications
Upgrade existing traffic signal system and equipment necessary to provide coordination with adjacent signals.

Limits
Camino de los Mares to Avenida Pico
Project Notes
FISCAL
YEAR

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

ESCALATED
2025 Gas Tax $0 $0 $0 $1,260 $1,260 $1,260
2025
Traffic Signal Sync Program
(TSSP)
$0 $0 $0 $5,040 $5,040 $5,040
2026 Gas Tax $0 $0 $0 $1,260 $1,260 $1,260
2026
Traffic Signal Sync Program
(TSSP)
$0 $0 $0 $5,040 $5,040 $5,040
Totals: $0 $0 $0 $12,600 $12,600 $12,600
Last Revised: 24-00 - In Progress Total Programmed: $12,600 TIP ID CP-11093 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Camino Vera Cruz at Riachuelo Intersection Control Improvements Type of Work: Intersection Project Description
Type of Work Description: Intersection - Roundabout Construct intersection control and other improvements.

Limits
Camino Vera Cruz at Riachuelo
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2027 Unfunded/Unknown $0 $0 $500,000 $0 $500,000 $546,364 2027 Gas Tax $0 $0 $250,000 $0 $250,000 $273,182
2027 Measure M2 Local Fairshare $0 $0 $250,000 $0 $250,000 $273,182 Totals: $0 $0 $1,000,000 $0 $1,000,000 $1,092,728
Last Revised: 24-00 - In Progress Total Programmed: $1,000,000 TIP ID CP-11480 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Del Mar Street Rehabilitation Project Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance -
Rehabilitation of roadway
Following the completion of the Del Mar Electrical System project, this project will grind and overlay, and restripe Avenida Del Mar from El Camino Real to South Calle Seville. Lighting for Community Center ground will be included. Rectangular Rapid
Limits
El Camino Real to South Calle Seville
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 General Fund $0 $0 $200,000 $0 $200,000 $206,000
Totals: $0 $0 $200,000 $0 $200,000 $206,000
Last Revised: 24-00 - In Progress Total Programmed: $200,000 634
TIP ID CP-11101 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Downtown Paseos Plan
Type of Work: Pedestrian Project Description
Type of Work Description: Pedestrian - Other Repave alley, construct sidewalk, streetlights, pedestrian bollards and wayfinding signs.

Limits
El Camino Real Alley and Avenida Cabrillo
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2027 General Fund $0 $0 $200,000 $0 $200,000 $218,545
2028 General Fund $0 $0 $600,000 $0 $600,000 $675,305
Totals: $0 $0 $800,000 $0 $800,000 $893,850
Last Revised: 24-00 - In Progress Total Programmed: $800,000 TIP ID CP-11102 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: El Camino Real
Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance -
Rehabilitation of roadway
Rehabilitating deteriorated pavements and upgrading deficient curb, gutter, access ramps. The entire road width will be overlayed with 2-inches of rubberized asphalt.

Limits
Avenida Valencia to E San Juan
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 General Fund $100,000 $400,000 $0 $0 $500,000 $512,000 Totals: $100,000 $400,000 $0 $0 $500,000 $512,000
Last Revised: 24-00 - In Progress Total Programmed: $500,000 TIP ID CP-11105 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: El Camino Real and Camino San Clemente Intersection Control Improvements Type of Work: Intersection Project Description
Type of Work Description: Intersection - Other
Evaluate, construct pedestrian improvements and upgrades for ADA compliant ramps in pavers, curb pop-outs, bicycle upgrades for existing Class I/II bike route, and traffic signal upgrades including protected-permissive left turn for SB N. El Camino R
Limits
El Camino Real and Camino San Clemente
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2028 Unfunded/Unknown $300,000 $0 $0 $0 $300,000 $300,000 2029 Unfunded/Unknown $0 $0 $1,300,000 $0 $1,300,000 $1,507,056 Totals: $300,000 $0 $1,300,000 $0 $1,600,000 $1,807,056 Last Revised: 24-00 - In Progress Total Programmed: $1,600,000 635
TIP ID CP-11107 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Major Street Maintenance
Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance -
Reconstruction of roadway
The project consists of reconstructing deteriorated and deficient curbs, gutter, curbs ramps, and failed pavement areas will be reconstructed as needed, and the street will be cold milled and paved with a 2-inch cap or slurry sealed as needed.

Limits
Citywide
Project Notes
General Fund: Street Improv. Fund Other: Water
Deprec. Reserve Other: Sewer Deprec. Reserve

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 General Fund $0 $0 $495,000 $0 $495,000 $509,850
2025 Other $0 $0 $55,000 $0 $55,000 $56,650
2026 Other $0 $0 $55,000 $0 $55,000 $58,350
2026 General Fund $0 $0 $495,000 $0 $495,000 $525,146
2027 Other $0 $0 $55,000 $0 $55,000 $60,100
2027 General Fund $0 $0 $495,000 $0 $495,000 $540,900
2028 Other $0 $0 $55,000 $0 $55,000 $61,903
2028 General Fund $0 $0 $495,000 $0 $495,000 $557,127
2029 General Fund $0 $0 $495,000 $0 $495,000 $573,841
2029 Other $0 $0 $55,000 $0 $55,000 $63,760
2030 General Fund $0 $0 $495,000 $0 $495,000 $591,056
2030 Other $0 $0 $55,000 $0 $55,000 $65,673
2031 Other $0 $0 $495,000 $0 $495,000 $608,788
2031 General Fund $0 $0 $55,000 $0 $55,000 $67,643
Totals: $0 $0 $3,850,000 $0 $3,850,000 $4,340,787
Last Revised: 24-00 - In Progress Total Programmed: $3,850,000 TIP ID CP-11109 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: N. El Camino Real and Camino Capistrano Intersection Control Improvements Type of Work: Intersection Project Description
Type of Work Description: Intersection - Roundabout Construct roundabout.

Limits
Pacific Coast Hwy and Camino Capistrano
Project Notes
Other: City Local Fund - RCFPP + Gas Tax

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2028 Other $0 $0 $100,000 $0 $100,000 $112,551
2028 Unfunded/Unknown $0 $0 $100,000 $0 $100,000 $112,551 2029 Other $0 $0 $1,000,000 $0 $1,000,000 $1,159,274
2029 Unfunded/Unknown $0 $0 $1,000,000 $0 $1,000,000 $1,159,274 Totals: $0 $0 $2,200,000 $0 $2,200,000 $2,543,650
Last Revised: 24-00 - In Progress Total Programmed: $2,200,000 TIP ID CP-11112 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Pavement Management System Upgrade Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance -
Studies or PMP updates
Street pavement inspection and updating city's Street Saver pavement management system required by OCTA every two years
Limits
Citywide
Project Notes
Other: Street Improv. Fund

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Other $150,000 $0 $0 $0 $150,000 $150,000
2027 Other $50,000 $0 $0 $0 $50,000 $50,000
2029 Other $150,000 $0 $0 $0 $150,000 $150,000
2030 Other $50,000 $0 $0 $0 $50,000 $50,000
Totals: $400,000 $0 $0 $0 $400,000 $400,000
Last Revised: 24-00 - In Progress Total Programmed: $400,000 636
TIP ID CP-11127 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Pavement Preservation Program
Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance - Slurry
seal of roadway
The City annually budgets to use various preservation methods such as fog seal, slurry seal or other methods on City streets identified with the highest need, as determined by staff. The annual Pavement Preservation Program extends the life of the e
Limits
Various Locations
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 General Fund $25,000 $0 $250,000 $0 $275,000 $282,500 2026 General Fund $25,000 $0 $250,000 $0 $275,000 $290,225 2027 General Fund $25,000 $0 $250,000 $0 $275,000 $298,182 2028 General Fund $25,000 $0 $250,000 $0 $275,000 $306,377 2029 General Fund $25,000 $0 $250,000 $0 $275,000 $314,819 2030 General Fund $25,000 $0 $250,000 $0 $275,000 $323,513 2031 General Fund $25,000 $0 $250,000 $0 $275,000 $332,468 Totals: $175,000 $0 $1,750,000 $0 $1,925,000 $2,148,084 Last Revised: 24-00 - In Progress Total Programmed: $1,925,000 TIP ID CP-12180 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: 23805 Project Title
Additional Project IDs: Pico and San Clemente Outlets Corridor Runoff Treatment Project Type of Work: Environmental Cleanup Project Description Type of Work Description: Environmental Cleanup -
Automatic Retractable Screen and other debris screens
or inserts
This project would retrofit 80 (14% of required) catch basins within the City’s priority land use areas inclusive of the Pico and San Clemente Outlets area.

Limits
An area roughly bounded by Frontera, Avenida Vista
Hermosa, Avenida Pico, El Camino Real and the I-5
Freeway.

Project Notes
completed

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED Totals: $0 $0 $0 $0 $0 $0
Last Revised: 24-00 - In Progress Total Programmed: $0
TIP ID CP-12257 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: 16-SCLM=CBT-4050 Project Title
Additional Project IDs: SAN CLEMENTE RIDESHARE SERVICES -ADA Type of Work: Transit Project Description
Type of Work Description: Transit - Rideshare
programs
The City of San Clemente is continuing to implement a year-round rideshare program. The proposed service will provide transit services for pre-existing riders of OCTA routes 191 and 193.

Limits
Within 0.25 mile of previous OCTA bus routes 191 and
193
Project Notes
05/17/23 ADA portion of San Clemente Rideshare
project (16-SCLM-CBT-3841) Please note: Previous
years the ADA project was combined under San
Clemente Rideshare Services listing. This ADA listing
was created recently by OCTA 5-24-23.

FISCAL
YEAR

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

ESCALATED
2025
PROJECT V - Community
Circulators
$0 $0 $0 $14,000 $14,000 $14,000
2025 General Fund $0 $0 $0 $0 $0 $0
Totals: $0 $0 $0 $14,000 $14,000 $14,000
Last Revised: 24-00 - In Progress Total Programmed: $14,000 637
TIP ID CP--3568 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: 20-SCLM-CBT-3963 Project Title
Additional Project IDs: San Clemente Downtown Route Continuation Type of Work: Transit Project Description
Type of Work Description: Transit - Operations and
Maintenance
Extend Project V funding for the downtown trolley from its current end date of 6/30/2023 through 6/30/2027, to purchase an additional trolley to provide for more rider capacity, additional O&M funds, and service.

Limits
Various locations from San Clemente to Dana Point
Trolley Stop
Project Notes
MAR 2021 SAR REVIEW: NO PROJECT AMENDMENT
REQUESTED; NO SCHEDULE CHANGES: CA
07/08/21 Project has not started - anticipate working
with OCTA to establish a formal agreement for these
approved funds.

FISCAL
YEAR

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

ESCALATED
2025 Other $0 $0 $0 $26,522 $26,522 $26,522
2025
PROJECT V - Community
Circulators
$0 $0 $0 $238,698 $238,698 $238,698
2026 Other $0 $0 $0 $27,318 $27,318 $27,318
2026
PROJECT V - Community
Circulators
$0 $0 $0 $245,859 $245,859 $245,859
2027 Other $0 $0 $0 $28,137 $28,137 $28,137
2027
PROJECT V - Community
Circulators
$0 $0 $0 $253,234 $253,234 $253,234
Totals: $0 $0 $0 $819,768 $819,768 $819,768
Last Revised: 24-00 - In Progress Total Programmed: $819,768 TIP ID CP-11799 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: 20804 Project Title
Additional Project IDs: 21-SCLM-ECP-4011 San Clemente Pier and Pico Corridor Runoff Treatment Project Type of Work: Environmental Cleanup Project Description Type of Work Description: Environmental Cleanup -
Automatic Retractable Screen and other debris screens
or inserts
This project will install trash capture devices in catch basins, 99 units of G2's CPS-Mod and ARS-CL curbscreens, and 3 units of GITS grate screens in grated inlets.

Limits
Avenida Pico, Calle Del Cerro, Avenida Vista Montana,
Calle Frontera, Pier Bowl/San Clemente Pier vicinity,
Rancho San Clemente Community
Project Notes
completed.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED Totals: $0 $0 $0 $0 $0 $0
Last Revised: 24-00 - In Progress Total Programmed: $0
TIP ID CP-11116 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: 16-SCLM-CBT-3841 Project Title
Additional Project IDs: San Clemente Rideshare Services Type of Work: Transit Project Description
Type of Work Description: Transit - Rideshare
programs
This project is to provide rideshare services for two years along existing bus routes 191 and 193.

Limits
Various locations along OCTA bus routes 191 and 193
Project Notes
FISCAL
YEAR

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

ESCALATED
2025 General Fund $0 $0 $0 $61,100 $61,100 $61,100
2025
PROJECT V - Community
Circulators
$0 $0 $0 $549,900 $549,900 $549,900
Totals: $0 $0 $0 $611,000 $611,000 $611,000
Last Revised: 24-00 - In Progress Total Programmed: $611,000 638
TIP ID CP-11119 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: 16-SCLM-CBT-3840 Project Title
Additional Project IDs: San Clemente Summer Trolley Project V Type of Work: Transit Project Description
Type of Work Description: Transit - Operations and
Maintenance
Daily operation of San Clemente Trolley from Memorial Day weekend to end of September each summer.

Starting in 2019, the City started operating two distinct trolley routes: the Downtown Route and the Northern Route to connect with the City of Dana Po
Limits
Various locations, west of I-5 in the North Beach Vicinity Project Notes
FISCAL
YEAR

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

ESCALATED
2025 General Fund $0 $0 $0 $0 $0 $0
2025
PROJECT V - Community
Circulators
$0 $0 $0 $0 $0 $0
Totals: $0 $0 $0 $0 $0 $0
Last Revised: 24-00 - In Progress Total Programmed: $0
TIP ID CP-11123 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: 18-SCLM-CBT-3914 Project Title
Additional Project IDs: San Clemente Summer Trolley Project V Expansion Type of Work: Transit Project Description
Type of Work Description: Transit - Operations and
Maintenance
This summer the service would expand from weekends (Friday through Sunday) to daily service. The summer season would start on the Memorial Day weekend as it did last year, but the summer operating season would be expanded through the end of September
Limits
Various locations from San Clemente to Dana Point
Trolley Stop
Project Notes
new grant submitted
FISCAL
YEAR

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

ESCALATED
2025
PROJECT V - Community
Circulators
$0 $0 $0 $0 $0 $0
2025 General Fund $0 $0 $0 $0 $0 $0
Totals: $0 $0 $0 $0 $0 $0
Last Revised: 24-00 - In Progress Total Programmed: $0
TIP ID CP-12178 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: 20-SCLM-CBT-3963 Project Title
Additional Project IDs: San Clemente Trolley Continuation Program Project V Type of Work: Transit Project Description
Type of Work Description: Transit - Operations and
Maintenance
Daily trolley operations for both the Red Line Service and Blue Line Service from Memorial Day weekend to end of September each summer. The Red Line consists of three trollies and the Blue Line consists of two trollies.

Limits
Red Line: various locations, west of I-5 in the North
Beach Vicinity; Blue Line: various locations from San
Clemente to Dana Point Trolley Stop
Project Notes
FISCAL
YEAR

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

ESCALATED
2025 General Fund $0 $0 $0 $26,522 $26,522 $26,522
2025
PROJECT V - Community
Circulators
$0 $0 $0 $238,698 $238,698 $238,698
2026 General Fund $0 $0 $0 $27,318 $27,318 $27,318
2026
PROJECT V - Community
Circulators
$0 $0 $0 $245,859 $245,859 $245,859
2027
PROJECT V - Community
Circulators
$0 $0 $0 $253,234 $253,234 $253,234
2027 General Fund $0 $0 $0 $28,137 $28,137 $28,137
Totals: $0 $0 $0 $819,768 $819,768 $819,768
Last Revised: 24-00 - In Progress Total Programmed: $819,768 639
TIP ID CP-11478 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Sidewalk Improvements/CDBG FY 2022 Type of Work: Pedestrian Project Description
Type of Work Description: Pedestrian - New sidewalk
The CDBG Sidewalk Improvements Program was developed to install missing sidewalk sections within the CDBG target area. The 2022 project will install sidewalk along the south side of the 100 and 200 block of Avenida Cabrillo within the CDBG target a
Limits
100 and 200 blocks of Avenida Cabrillo
Project Notes
completed.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED Totals: $0 $0 $0 $0 $0 $0
Last Revised: 24-00 - In Progress Total Programmed: $0
TIP ID CP-11124 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Sidewalk Repair Program
Type of Work: Pedestrian Project Description
Type of Work Description: Pedestrian -
Reconstruction or rehabilitation of sidewalk
The Sidewalk Repair Program was established to repair deficient sidewalks and remove trip hazards throughout the City. The locations of deficient sidewalks to be repaired and/or replaced are prioritized according to the extent of the vertical displa
Limits
Citywide
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 General Fund $0 $0 $150,000 $0 $150,000 $154,500
2026 General Fund $0 $0 $150,000 $0 $150,000 $159,135
2027 General Fund $0 $0 $150,000 $0 $150,000 $163,909
2028 General Fund $0 $0 $150,000 $0 $150,000 $168,826
2029 General Fund $0 $0 $150,000 $0 $150,000 $173,891
2030 General Fund $0 $0 $150,000 $0 $150,000 $179,108
2031 General Fund $0 $0 $150,000 $0 $150,000 $184,481
Totals: $0 $0 $1,050,000 $0 $1,050,000 $1,183,850
Last Revised: 24-00 - In Progress Total Programmed: $1,050,000 TIP ID CP-11479 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Signalized Intersection Improvements Type of Work: Traffic Signals Project Description
Type of Work Description: Traffic Signals - Replace
and upgrade traffic signals and equipment
This project includes improvements to: 1) install yellow reflective backplates to all traffic signal heads; 2) replace and upgrade internally illuminated street name signs at all intersections; and 3) convert vehicle detection systems from cameras t
Limits
Citywide
Project Notes
Gas Tax RMRA

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2028 Gas Tax $0 $0 $1,100,000 $0 $1,100,000 $1,238,060
Totals: $0 $0 $1,100,000 $0 $1,100,000 $1,238,060
Last Revised: 24-00 - In Progress Total Programmed: $1,100,000 TIP ID CP-11129 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Street Improvement Design
Type of Work: Administration Project Description
Type of Work Description: Administration - Consultant
support for design of project
The project consists of rehabilitating various streets deteriorated including slurry seal and grind and overlay.

Limits
Citywide
Project Notes
Other: Street Improv. Fund

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Other $75,000 $0 $0 $0 $75,000 $75,000
2026 Other $75,000 $0 $0 $0 $75,000 $75,000
2027 Other $75,000 $0 $0 $0 $75,000 $75,000
2028 Other $75,000 $0 $0 $0 $75,000 $75,000
2029 Other $75,000 $0 $0 $0 $75,000 $75,000
2030 Other $75,000 $0 $0 $0 $75,000 $75,000
2031 Other $75,000 $0 $0 $0 $75,000 $75,000
Totals: $525,000 $0 $0 $0 $525,000 $525,000
Last Revised: 24-00 - In Progress Total Programmed: $5640 25,000 TIP ID CP-11303 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Street Sign Replacement Program Type of Work: Safety Project Description
Type of Work Description: Safety - Signage
installation and/or replacement
The City of San Clemente is responsible to maintain all roadway signs within the City boundaries on public roads at a minimum level of retroreflectivity at a minimum level of retroreflectivity that is mandated by the Federal Highway Administration.

Limits
City Wide
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Gas Tax $0 $0 $100,000 $0 $100,000 $103,000
2026 Gas Tax $0 $0 $100,000 $0 $100,000 $106,090
2027 Gas Tax $0 $0 $100,000 $0 $100,000 $109,273
2028 Gas Tax $0 $0 $100,000 $0 $100,000 $112,551
2029 Gas Tax $0 $0 $100,000 $0 $100,000 $115,927
2030 Gas Tax $0 $0 $100,000 $0 $100,000 $119,405
2031 Gas Tax $0 $0 $100,000 $0 $100,000 $122,987
Totals: $0 $0 $700,000 $0 $700,000 $789,233
Last Revised: 24-00 - In Progress Total Programmed: $700,000 TIP ID CP-11901 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Traffic Calming Program
Type of Work: Safety Project Description
Type of Work Description: Safety - Traffic calming
such as bulbout, chokers, speed hump, etc.

The Traffic Calming Program enhances safety on the streets and reduces the negative effects of motor vehicles while maintaining acceptable traffic flow. Traffic Calming measures include purchasing new equipment and installation of physical traffic im
Limits
City wide
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Air Quality Management District $0 $0 $80,000 $0 $80,000 $82,400 2026 Air Quality Management District $0 $0 $80,000 $0 $80,000 $84,872 2027 Air Quality Management District $0 $0 $80,000 $0 $80,000 $87,418 2028 Air Quality Management District $0 $0 $80,000 $0 $80,000 $90,041 2029 Air Quality Management District $0 $0 $80,000 $0 $80,000 $92,742 2030 Air Quality Management District $0 $0 $80,000 $0 $80,000 $95,524 2031 Air Quality Management District $0 $0 $80,000 $0 $80,000 $98,390 Totals: $0 $0 $560,000 $0 $560,000 $631,387
Last Revised: 24-00 - In Progress Total Programmed: $560,000 TIP ID CP-11306 IMPLEMENTING AGENCY San Clemente, City of Local Project Number: Project Title
Additional Project IDs: Traffic Signal Protected/Permissive Conversion Type of Work: Traffic Signals Project Description
Type of Work Description: Traffic Signals - Replace
and upgrade traffic signals and equipment
This project will replace several existing protected/permissive signal heads from 'doghouse' style to the more updated and intuitive 'flashing yellow area (FYA)' style.

Limits
Camino Vera Cruz/Plaza Pacifica, Camino Vera
Cruz/Via Pacifica, Camino Vera Cruz/Calle Paradiso,
and Camino De Los Mares/Calle Nuevo
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2027 General Fund $15,000 $0 $135,000 $0 $150,000 $162,518 Totals: $15,000 $0 $135,000 $0 $150,000 $162,518
Last Revised: 24-00 - In Progress Total Programmed: $150,000 641