San Clemente City Council
September 17, 2024

910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor Cabral
Mayor Pro Tem Enmeier
Councilmember Duncan
Councilmember Knoblock
Councilmember Loeffler
6:00 p.m. - Business Meeting

CITY OF SAN CLEMENTE
Tuesday, September 17, 2024
City Council
Regular Meeting Agenda
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.

RULES FOR ADDRESSING COUNCIL
• Members of the public may address the City Council on matters within the jurisdiction of the City of San Clemente.
• If you wish to address Council, please complete one of the blue speaker cards located at the entrance to the Council Chambers and turn it in to the City Clerk or Deputy City Clerk. • Persons wishing to address Council concerning an agendized item will be invited to address Council during the time that Council is considering that particular agenda item.

Persons wishing to address Council concerning a non-agendized issue will be invited to address Council during the “Oral Communications” portion of the meeting. • When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Please limit your presentation to three minutes.

MISSION STATEMENT
The City of San Clemente, in partnership with the community we serve, will foster a tradition dedicated to:

Maintaining a safe, healthy atmosphere in which to live, work and play; Guiding development to ensure responsible growth while preserving and enhancing our village character, unique environment and natural amenities; Providing for the City’s long-term stability through promotion of economic vitality and diversity…
Resulting in a balanced community committed to protecting what is valued today while meeting tomorrow’s needs.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
The California Environmental Quality Act (“CEQA”) is the state law that requires the City to evaluate and document the potential environmental consequences of discretionary decision. (See, California Public Resources Code Sections 21000-21189.3; and the “CEQA Guidelines” at California Code of Regulations Title 14, Division 6, Chapter 3, Sections 15000-15387). For each item that requires a CEQA determination by the City Council, there is a reference to that determination on this agenda, and more information regarding the CEQA analysis is included in the documents that accompany this agenda. To the extent that City staff determines that particular items are not subject to CEQA, there will be no indication of a CEQA action on this agenda.

1 City Council Regular Meeting Agenda September 17, 2024

DISCLOSURE OF CAMPAIGN CONTRIBUTIONS
Pursuant to Government Code § 84308, City Council Members are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises, discretionary land use permits and other entitlements if the City Council Member received more than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City’s decision on the agenda item since January 1, 2023. Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $250 to a City Council Member since January 1, 2023, are required to disclose that fact for the official record of the subject proceedings. Disclosures must include the amount of the campaign contribution and identify the recipient City Council Member and may be made either in writing to the City Clerk before the agenda item or by verbal disclosure during consideration.

CLOSED SESSION (5:00 P.M.)
None.

BUSINESS MEETING (6:00 P.M.)

CALL TO ORDER
INVOCATION – Pastor Brieann Knutson, San Clemente Presbyterian Church

PLEDGE OF ALLEGIANCE

ROLL CALL

1. Special Presentations
A. Presentation of Proclamation - Service Club Month
Presentation of Proclamation to San Clemente Service Clubs, proclaiming September as Service Club Month.

B. Presentation of Proclamation(s) - Indigenous People's Day and California Native American Day
Presentation of Proclamation to Sean Acuna, Tribal Chair, Juaneño Band of Mission Indians, Acjachemen Nation 84B, proclaiming September 27, 2024 as California Native American Day and October 14, 2024 as Indigenous People's Day.

C. Presentation of Proclamation - Constitution Week
Presentation of Proclamation presented to Mary Dahm, representing the San Clemente Island Chapter of the Daughters of the American Revolution, setting apart September 17 - 24, 2024 as Constitution Week.

D. PierPride
Presentation by Amber Gregg, representing PierPride, concerning an update on PierPride events and achievements.

2. Council Member Reports

2 City Council Regular Meeting Agenda September 17, 2024

3. Oral Communications (Part 1)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. Speakers may address Council once during either Oral Communications Part 1 or Part 2. A total time limitation of 30 minutes is allocated for Oral Communications Part 1, with each speaker being allotted 3 minutes in which to give his or her presentation. Speaker order is determined by the order in which speaker cards are provided to the City Clerk or Deputy City Clerk at the meeting. Speakers that cannot be accommodated during Oral Communications Part 1 will be invited to address Council during Oral Communications Part 2, which appears on this agenda as Item No. 12. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Under the Ralph M. Brown Act, the City Council cannot act on items raised during public comment but may respond briefly to statements made or questions posed, request clarification or refer the item to staff.

4. Motion waiving reading in full of all Resolutions and Ordinances

5. Consideration of agendizing items requiring immediate action Per Government Code section 54954.2(b) and 54956.5. Any items agendized will be considered under New Business, unless otherwise determined by a majority vote of the City Council.

6. Closed Session Report - City Attorney

7. Staff Communications

8. Public Hearings
The Public Hearing process includes a staff presentation, a presentation by the applicant not to exceed ten (10) minutes, and public testimony (not to exceed three minutes per speaker). Following closure of the Public Hearing, the City Council will respond to questions raised during the hearing, discuss the issues, and act upon the matter by motion.
8A. CONSIDERATION OF A RESOLUTION APPROVING THE 2023-2024

CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT
(CAPER) FOR EXPENDITURE OF COMMUNITY DEVELOPMENT BLOCK

GRANT FUNDS
A Public Hearing regarding the 2023-2024 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG).

Staff Recommendation

1. Open the public hearing, hear public comment and testimony, and close the public hearing.

2. Following the public hearing, Adopt Resolution No. 24-141 entitled A

3 City Council Regular Meeting Agenda September 17, 2024

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, APPROVING AND ADOPTING THE 2023-2024

CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT
(CAPER) FOR SUBMITTAL TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.

9. Unfinished Business
9A. CONSIDERATION OF A RESOLUTION TO INCREASE THE AMOUNT OF

SAND BEING PLACED ON NORTH BEACH DUE TO COST SAVINGS WITHIN

THE NORTH BEACH EMERGENCY SAND PLACEMENT PROJECT, CIP
PROJECT NUMBER 14901, AND REALLOCATING THESE SAVINGS TO INCREASE THE CONSTRUCTION CONTINGENCY FROM 10% TO 19%
Staff Recommendation
Adopt Resolution No. 24-142 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING

FUNDING REALLOCATION WITHIN THE EXISTING BUDGET FOR THE

NORTH BEACH EMERGENCY SAND PLACEMENT PROJECT, CIP PROJECT NUMBER 14901 AND AN INCREASE IN THE CONSTRUCTION
CONTINGENCY FROM 10% TO 19%.

10. New Business
10A. UPDATE ON THE UNITED STATES ARMY CORPS OF ENGINEERS

SHORELINE PROTECTION PROJECT, NEXT STEPS IN THE PROCESS,

AND CONSIDERATION OF ADDITIONAL FINANCIAL COMMITMENT TO

COMPLETE THE INITIAL PHASE OF THE PROJECT
Staff Recommendation
Authorize the City Manager to send a letter to the United States Army Corps of Engineers (USACE) indicating its desire to complete the initial event as soon as possible and contribute the non-federal cost share in an estimated amount of $2.6 million.
10B. CONFLICT OF INTEREST CODE UPDATE AND INTRODUCTION (FIRST

READING) OF AN ORDINANCE RELATED TO FUTURE UPDATES
Staff Recommendation

1. Introduce and conduct the first reading of Ordinance No. 1781 entitled AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, AMENDING CHAPTER 2.24 OF THE

MUNICIPAL CODE OF THE CITY OF SAN CLEMENTE TO ADD
SECTION 2.24.010, RELATING TO THE CONFLICT OF INTEREST
CODE.

2. Adopt Resolution No. 24-143 entitled A RESOLUTION OF THE CITY

4 City Council Regular Meeting Agenda September 17, 2024

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

APPROVING AND ADOPTING AN AMENDED CONFLICT OF INTEREST
CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974 AND
REPEALING RESOLUTION NO. 21-37.
10C. INTRODUCTION (FIRST READING) OF AN ORDINANCE ESTABLISHING

CITYWIDE POSTED SPEED LIMITS AND FINDING THE ORDINANCE

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Planning Commission and Staff Recommendation
Introduce and conduct the first reading of Ordinance No. 1780 entitled AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SAN CLEMENTE MUNICIPAL CODE TITLE 10 - VEHICLES AND TRAFFIC, CHAPTER 10.16 TO ESTABLISH CITYWIDE

POSTED SPEED LIMITS AND FINDING THE ACTION CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, which would maintain all current speed limits.
10D. CONSIDERATION OF A RESOLUTION TO INITIATE A ZONING AMENDMENT

TO THE SAN CLEMENTE MUNICIPAL CODE TO ENHANCE DEVELOPMENT

STANDARDS RELATED TO VISITOR-SERVING COMMERCIAL USES TO

ENCOURAGE DEVELOPMENT THAT SUPPORTS THE ECONOMIC

DEVELOPMENT GOALS OF THE GENERAL PLAN
Staff Recommendation
Adopt Resolution No. 24-144, which will:

1. Initiate an amendment to the Zoning Ordinance to establish enhanced development standards related to visitor-serving commercial uses, including roof-top decks, and other accessory structures, to encourage development that supports the economic development goals of the General Plan in certain areas that can be demonstrated to have a low-impact on residential neighborhoods.

2. Authorize a supplemental appropriation from the General Fund unassigned fund balance to Account No. 001-433-43890 (other contractual services), in the amount of $55,000, to cover the costs for staff and legal counsel review, and processing of required California Environmental Quality Act (CEQA) analysis.

5 City Council Regular Meeting Agenda September 17, 2024

11. Consent Calendar
All items listed on the Consent Calendar are considered to be routine and will be enacted by one motion without discussion unless Council or Staff requests removal of an item for separate discussion and action.

A. City Council Minutes
Staff Recommendation:
(1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF SEPTEMBER 3, 2024.

B. Commission/Committee Minutes
Staff Recommendation:

Receive and file the following:
(1) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF
JUNE 25, 2024.
(2) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF
JULY 23, 2024.

C. Warrant Register
(1) APPROVE WIRE TRANSFER NOS.
3102 THROUGH 3106 AND WARRANT NOS.
598910 THROUGH 599051, PAID ON
8-23-24, IN THE AMOUNT OF $7,249,205.97
(2) APPROVE WIRE TRANSFER NOS.
3107 THROUGH 3110 AND WARRANT NOS.
599052 THROUGH 599207, PAID ON
8-30-24, IN THE AMOUNT OF $2,554,875.87
TOTAL WARRANT REGISTER $9,804,081.84
Payroll Register
WARRANT NOS. 946 THROUGH 948 AND
AUTOMATIC DEPOSIT ADVISES 96673
THROUGH 97050, FOR THE PERIOD
8-5-24 THROUGH 8-18-24, PAID
ON 8-23-24, IN THE AMOUNT OF $565,223.43
TOTAL PAYROLL REGISTER $565,223.43

6 City Council Regular Meeting Agenda September 17, 2024 11D. CONSIDERATION OF A RESOLUTION REJECTING ALL BIDS FOR THE LIFEGUARD TOWERS REPLACEMENT (2024), CIP PROJECT NO. 22104 Staff Recommendation
Adopt Resolution No. 24-145, which will:
..recommendation

1. Reject all bids received on November 16, 2023 for the Lifeguard Towers Replacement Project, CIP Project No. 22104, pursuant to Section 20166 of the Public Contract Code.

2. Authorize staff to revise the bid package and re-bid the Lifeguard Towers Replacement Project, CIP Project No. 22104, with a revised project scope.
11E. CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION

CONTRACT FOR THE PRIMA DESHECHA CANADA CHANNEL (FACILITY NO. M01) WALL STABILIZATION AT GRANDE VISTA, PROJECT NO. 15007; APPROVING FUNDING IN THE AMOUNT OF $2,301,000 FROM THE STORM

DRAIN FUND DEPRECIATION RESERVE, DISASTER RELIEF FUND AND THE ANTICIPATED $1,000,000 REIMBURSEMENT FROM CALIFORNIA JOINT POWERS INSURANCE AUTHORITY; AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Staff Recommendation
Adopt Resolution No. 24-146, which will:

1. Accept the anticipated insurance reimbursement (068-000-39550) of $1,000,000 from the California Joint Powers Insurance Authority (CJPIA).

2. Approve an appropriation in the amount of $1,501,000 from the Storm Drain Fund Depreciation Reserve into Account No. 059-553-45300-000-15007.

3. Approve a transfer of funds in the amount of $400,000 from E. Ave. Cordoba Drainage into Account No. 059-553-45300-000-15007.

4. Approve an appropriation in the amount $400,000 from the Disaster Relief Fund into Account No. 059-553-45300-000-15007.

5. Award a contract to Bosco Constructors, Inc., as the lowest responsible bidder, for the Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista, Project No. 15007.

6. Approve, and authorize the City Manager to execute, Contract No. C24-54, by and between the City of San Clemente and Bosco Constructors, Inc., providing for the Prima Deshecha Canada Channel (Facility No. M01) Wall

7 City Council Regular Meeting Agenda September 17, 2024 Stabilization at Grande Vista, in an amount not to exceed $1,886,336, in a form substantially similar to Contract No. C24-54 (Attachment 2).

7. Approve a 14% construction contingency in the amount of $256,674 for this project.

8. Find the Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista, Project No. 15007, is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines. 11F. NOTICE OF COMPLETION - PAVEMENT PRESERVATION PROGRAM -

UTILITY ADJUSTMENTS
Staff Recommendation
Adopt Resolution No. 24-147, which will:

1. Accept the Pavement Preservation Program - Utility Adjustments, CIP Project No. 13321, from the contractor, EBS Utility Adjusting, Inc.

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the Pavement Preservation Program - Utility Adjustments.

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, EBS Utility Adjusting, Inc.

4. Authorize the City Clerk to release the performance bond for this project upon receipt of a warranty bond in a form acceptable to the Public Works Director in the amount of 25% of the total construction cost. 11G. NOTICE OF COMPLETION - AVENIDA PICO AND SAN CLEMENTE OUTLETS CORRIDOR RUNOFF TREATMENT PROJECT, PHASE 3
Staff Recommendation
Adopt Resolution No. 24-148, which will:

1. Accept the Avenida Pico and San Clemente Outlets Corridor Runoff Treatment Project, Phase 3, CIP Project No. 23805, from the contractor, G2 Construction, Inc.

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the Avenida Pico and San Clemente Outlets Corridor Runoff Treatment Project, Phase 3.

8 City Council Regular Meeting Agenda September 17, 2024

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, G2 Construction, Inc.
11H. CONSIDERATION OF A RESOLUTION APPROVING AND ADOPTING

COMPENSATION CHANGES FOR CERTAIN CLASSIFICATIONS BASED ON CITY MANAGER CLASSIFICATION AND COMPENSATION “DESK AUDIT”

FINDINGS AND ADOPTION OF A REVISED SALARY SCHEDULE
Staff Recommendation
Adopt Resolution No. 24-149 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING

REVISED SALARY SCHEDULE AND CLASSIFICATION CHANGES AND
AMENDING RESOLUTION NO. 24-128 AND ANY OTHER RESOLUTIONS IN CONFLICT THEREWITH.
11I. CONSIDERATION OF A RESOLUTION AWARDING A THREE-YEAR

LICENSE AGREEMENT FOR GEOGRAPHIC INFORMATION SYSTEM (GIS)

SOFTWARE
Staff Recommendation
Adopt Resolution No. 24-150 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AWARDING A

THREE-YEAR LICENSE AGREEMENT TO ENVIRONMENTAL SYSTEMS
RESEARCH INSTITUTE, INC. (ESRI) FOR GIS MAPPING SOFTWARE AND

SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT.

12. Oral Communications (Part 2)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation, not to exceed three minutes. Under the Ralph M. Brown Act, the City Council cannot act on items raised during public comment but may respond briefly to statements made or questions posed, request clarification or refer the item to staff.

13. Future Agenda Items

9 City Council Regular Meeting Agenda September 17, 2024

14. Reports
A. Commissions and Committees
B. Council Subcommittee Updates
C. City Attorney
D. City Manager

15. Adjournment
The next Regular City Council Meeting is scheduled to take place on October 1, 2024.

Closed Session will begin at 5:00 p.m. and the Regular Business Meeting will begin at 6:00 p.m. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

10 City Council Regular Meeting Agenda September 17, 2024

CITY COUNCIL MEETING PROCEDURES

PRESENTATION OF WRITTEN MATERIALS TO COUNCIL
In order to ensure that Councilmembers have adequate time to consider written materials concerning agenda items, it is strongly recommended that such materials be submitted to the City Clerk by noon the date preceding the Council meeting.

MEETINGS RECORDED AND TELEVISED
City Council meetings are broadcast live and are replayed periodically on Cox Communications Local Access Channel 854. Meetings are also available for live-stream or post meeting viewing from the City’s website.

Meetings are also recorded via audio CD and/or DVD and retained as a City record in accordance with the City’s records retention schedule.

USE OF ELECTRONIC VISUAL AIDS BY PUBLIC AT MEETINGS
To allow staff adequate time to confirm software compatibility, individuals wishing to utilize electronic visual aids to supplement their oral presentations at the meeting, must submit the electronic files to the City Clerk by no later than 12:00 p.m. on the day of the meeting. Only compatible electronic formats will be permitted to be used on City audio/visual computer equipment. Staff makes no guarantee that such material will be compatible, but will use its best efforts to accommodate the request.

LENGTH OF MEETINGS
At 11:00 p.m., the City Council will determine which of the remaining agenda items can be considered and acted upon at this meeting and will continue all other agenda items to a future meeting.

AMERICANS WITH DISABILITIES ACT
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (949) 361-8200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting.

COMMUNICATION DEVICES
To minimize meeting distractions and sound system interference, please be sure all personal communication devices are turned off or on silent mode.

MEETING SCHEDULE
Regular Council Meetings are held on the first and third Tuesdays of each month in the Council Chambers, located at 910 Calle Negocio, 2nd floor, San Clemente. Closed Session are considered at 5:00 p.m. and the Business Meeting begins at 6:00 p.m. Additional meetings of the City Council may be called as needed.

AGENDAS, ADMINISTRATIVE REPORTS AND SUPPLEMENTAL WRITTEN MATERIALS Agendas and Administrative Reports are available for review and/or copying at the City Clerk’s Department as soon as agendas are posted, by accessing the City’s website at www.san-clemente.org. An “Inspection Copy” of agenda materials is also located at the entrance to the Council Chambers during meetings for public review. All written material distributed to a majority of the Council after the original agenda packet was distributed is available for public inspection in the City Clerk’s Department, located at 910 Calle Negocio, San Clemente, during normal business hours.

The City Clerk’s Department offers an agenda packet subscription service free of charge. If you wish to receive email copies of City Council agendas, which include hyperlinks to staff reports and other back-up material, register at http://san-clemente.org/enotification.

11 910 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: September 17, 2024 Agenda Item: 8A.

Submitted By: Community Development
Prepared By: Adam Atamian, Community Development Director Subject:
..titl e
CONSIDERATION OF A RESOLUTION APPROVING THE 2023-2024 CONSOLIDATED ANNUAL

PERFORMANCE EVALUATION REPORT (CAPER) FOR EXPENDITURE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ..body
Fiscal Impact:

There is no fiscal impact related to filing the CAPER.

Summary:

This is the review and approval of the Fiscal Year 2023-24 CAPER, which summarizes the City's Community Development Block Grant (CDBG) program's expenditures and accomplishments.

Each year, the City submits an Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD) in May and the CAPER in September to satisfy federal grant requirements to continue to receive funding. During the 2023-24 reporting period (July 1, 2023 to June 30, 2024), the City received $314,259.00 in CDBG funds. In addition, $81,679 in prior year uncommitted funds and $45,145.56 in program income (i.e., housing rehabilitation loan repayments) were also available.

Background:

Each year, HUD determines the amount of CDBG funds the City is entitled to receive based on population, household income, and housing needs. To continue receiving CDBG funds, the City Council must approve the CAPER, which summarizes program expenditures and accomplishments for each CDBG-funded activity for the prior year, i.e., the FY 2023-24 reporting period. The City must submit the CAPER to HUD within 90 days after the end of the fiscal year.

The CAPER requires a 15-day comment period to allow the public to submit comments in writing.

Residents may also provide comments at the September 17, 2024 City Council meeting. A public meeting is required twice a year to receive Federal CDBG grants. The first meeting is to adopt the Annual Action Plan, which will typically take place in May. The Annual Action Plan identifies the projects and programs the City will undertake during the upcoming fiscal year to meet the goals identified in the City's Consolidated Plan (defined below). A second meeting is held after the end of the fiscal year to review and evaluate how the funds were spent; this City Council meeting meets the latter requirement.

Discussion:

Every five years, the City prepares a Consolidated Plan. The Consolidated Plan is a five-year strategic plan that identifies priority housing and community needs and how CDBG funds will be used to meet these needs. The current Consolidated Plan was adopted in May 2020. At the end 12 Meeting Date: September 17, 2024 Agenda Item: 8A.

CITY OF SAN CLEMENTE 2
of each fiscal year, the City is required to submit its year-end performance report, the CAPER, to HUD.

FY 2023-24 Accomplishments
Maintaining safe and decent housing for lower-income San Clemente homeowners and renters is a priority need identified in the City's Consolidated Plan. To this end, the City provides loans and grants to eligible households via the Home Rehabilitation Program. The City has funded this program with CDBG funds since 1994. Due to program consultant and staffing changes and a need to update the program to attract interest, the program was put on hold during Fiscal Year 2023-24; therefore, no housing units were rehabilitated. Additionally, CDBG funds were allocated to provide local businesses with a grant (up to $2,000) to update business signs or building facades. Businesses must be located in CDBG-eligible areas of the City. No grant applications were received during the reporting period.

CDBG funds were also allocated to improve City public facilities. The 2023-24 Fiscal Year Action Plan provided CDBG funding to begin a multi-phased reconstruction of four historical water fountains at Max Berg Park. Restoring the fountains will help preserve and enhance the historic nature of the park and surrounding neighborhood. Phase One of the project includes the preparation of the required National Environmental Policy Act (NEPA) review and, subsequently, the preparation of the design documents. During the reporting period, the City's historic resources consultant reviewed the history of the park and initiated discussions with the California of State Historic Preservation Office (SHPO) regarding the intrinsic historical value of the fountains. This phase of the project carefully analyzes the historical elements of the four water fountains and provides direction on a historically compliant restoration scope of work. Phase 1 work will continue into the 2024-25 reporting period.

CDBG funding was also allocated to support various public service programs. Public service programs benefit the community, families, and individuals by addressing critical social service needs. During the 2023-24 fiscal year, service providers assisted 2,754 residents through services funded by CDBG.

Additionally, CDBG funds were allocated for program administration (CDBG program consultants, who help the City administer the grant and the City's Housing Rehabilitation Program). Table 1 summarizes the programs and activities detailed in the 2023-24 CAPER.

Table 1: CDBG FUNDED PROGRAMS - FY 2023-2024

CDBG PROGRAM GRANT FUNDED

AMOUNT GOAL ACTUAL GRANT FUNDS EXPENDED
Housing Rehabilitation:

Housing rehabilitation
assistance for owner-occupied
& rental housing 1
$150,958
(Plus Program
Income)
6 Units
0 Units $0.00
13 Meeting Date: September 17, 2024 Agenda Item: 8A.

CITY OF SAN CLEMENTE 3

CDBG PROGRAM GRANT FUNDED

AMOUNT GOAL ACTUAL GRANT FUNDS EXPENDED
Public Improvements:
 Max Berg Park Water
Fountains 2
$125,000
1 Project
0 Projects $6,554
Business Signs and Façade
Improvements: Grants to local
small businesses to upgrade
business signs or minor façade
improvements
$10,000
5 Businesses
0 Businesses $0.00
Public Service Grant
Recipients
Age Well Senior Services: Inhome support services for homebound seniors
$5,000 30
Individuals
25 Individuals $5,000
Boys and Girls Club of South
Coast Area: Summer
recreation
$10,815 100
Individuals
213
Individuals $10,815
 Camino Health Center:

Medical and dental care for
uninsured
$10,815 2,500
Individuals
2,178
Individuals $10,815
Parentis Foundation: Reading
support services for
elementary-aged students
$5,500 22
Individuals
27 Individuals $5,500
 City of San Clemente - Fun on
the Run: After-school
recreation programming
$10,000 120
Individuals
302
Individuals $10,000
Vocational Visions:

Employment services for
disabled adults
$5,000 12
Individuals
9 Individuals $3,531
CDBG Administration &
Planning:
 Program oversight
 Fair housing counseling
$57,850
$5,000
NA
50 Households
NA
58 Households
$46,379
$5,000
TOTAL $395,938 $103,594
14 Meeting Date: September 17, 2024 Agenda Item: 8A.

CITY OF SAN CLEMENTE 4

1. No loans or grants were approved during the FY 23-24 reporting period due to staffing changes and the reevaluation of the existing program guidelines.

2. Phase 1 of the project was initiated but not completed during the reporting period.

During the fiscal year, the City also receives repayments of past CDBG-funded home rehabilitation loans - $45,146 in "Revolving Loan" funds. Unspent Revolving Loan funds are carried to the following fiscal year to help fund additional housing rehabilitation loans. Unspent CDBG funds committed to ongoing activities, such as the Max Berg Park project, will be carried into the current fiscal year. Unspent CDBG funds from completed or canceled activities will be reprogrammed in future years for new CDBG-eligible activities.

Finally, the CAPER reports that the City leveraged CDBG funds. During this reporting period, $293,827 in Permanent Local Housing Allocation (PLHA) funds were used to support activities consistent with the Consolidated Plan goals. These services are for Homeless Outreach Services provided by the City's Community Outreach team.

Council Options:
 Adopt Resolution No. 24-141, which will approve and adopt the 2023-24 Consolidated Annual Performance Evaluation Report (CAPER) for submittal to the U.S. Department of Housing and Urban Development.
 Modify and adopt Resolution No. 24-141.
 Continue the item with direction to staff to provide additional information.  Do not approve Resolution No. 24-141, which will result in the City being out of compliance with reporting obligations.

Environmental Review/Analysis:

Not a project pursuant to CEQA Guidelines Section 15378 (14 CCR 15378). The approval of the CAPER has no potential for resulting in either a direct or physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

Recommended Actions:

STAFF RECOMMENDS THAT the City Council:

1. Open the public hearing, hear public comment and testimony, and close the public hearing; and

2. Following the public hearing, Adopt Resolution No. 24-141, which will approve and adopt the 2023-24 Consolidated Annual Performance Evaluation Report (CAPER) for submittal to the U.S. Department of Housing and Urban Development.
..recommendation
..endAttachment:

1. Resolution No. 24-141

2. 2023-2024 CAPER
15 Meeting Date: September 17, 2024 Agenda Item: 8A.

CITY OF SAN CLEMENTE 5
Notification:

San Clemente Times
16 Attachment 1
RESOLUTION NO. 24-141

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING AND
ADOPTING THE 2023-2024 CONSOLIDATED ANNUAL

PERFORMANCE EVALUATION REPORT (CAPER) FOR
SUBMITTAL TO THE U. S. DEPARTMENT OF HOUSING

AND URBAN DEVELOPMENT
WHEREAS, the City received $314,259 in Community Development Block Grant (CDBG) funds in Fiscal Year 2023-24 from the U.S. Department of Housing and Urban Development (HUD). In addition, the City received $45,145.56 in program income (i.e., housing rehabilitation loan repayments) and used $81,579 in prior year uncommitted funds and;
WHEREAS, to continue receiving CDBG funds, the City Council must approve the Consolidated Annual Performance Report (CAPER), which summarizes program expenditures and accomplishments for Fiscal Year 2023-24; and WHEREAS, the City must submit the CAPER to HUD within 90 days after the end of the fiscal year; and
WHEREAS, the required 15-day notice period to allow the public to submit comments in writing on the CAPER was provided and residents were also given the opportunity to provide comments at the September 17, 2024 City Council meeting; and WHEREAS, the City Council considered any and all comments submitted by the public on the CAPER.

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

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

Section 2. That the 2023-24 Consolidated Annual Performance Evaluation Report (CAPER) is approved in the form submitted to the City Council on September 17, 2024.

Section 3. That staff is authorized and directed to submit the 2023-24 Consolidated Annual Performance Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development (HUD).

Section 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
17 Resolution No. 24-141 Page 2
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
18 Resolution No. 24-141 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. 24-141 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ 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 _________________, 2024. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
____________________________
Elizabeth A. Mitchell, City Attorney
19 CITY OF SAN

CLEMENTE
2023-2024

CONSOLIDATED
ANNUAL

PERFORMANCE
& EVALUATION
REPORT
Draft September 6, 2024
$WWDFKPHQW
20 CAPER 2023-2024 i
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 9/6/24 Contents
CR-05 - Goals and Outcomes ................................................................................................................ 1 CR-10 - Racial and Ethnic composition of families assisted .................................................................... 6 CR-15 - Resources and Investments 91.520(a) ...................................................................................... 7 CR-20 - Affordable Housing 91.520(b)................................................................................................... 9 CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) ................................ 11 CR-30 - Public Housing 91.220(h); 91.320(j) ........................................................................................ 13 CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) ................................................................................. 14 CR-40 - Monitoring 91.220 and 91.230 ............................................................................................... 17 CR-45 - CDBG 91.520(c) ...................................................................................................................... 19 CR-58 – Section 3 ............................................................................................................................... 20 Exhibits
Exhibit A: PR03: CDBG Activity Summary Report (GPR)
Exhibit B: PR26: CDBG Financial Summary Reports
Exhibit C: San Clemente CDBG Target Areas
Exhibit D: Summary of Fair Housing Impediments and Actions to Address Impediments Exhibit E: Public Notice and Summary of Public Comments 21 CAPER 2023-2024 1
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 9/6/24 CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan.

91.520(a)
The City of San Clemente is a recipient of Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD). CDBG funds may be used for various activities, provided the primary beneficiaries meet HUD’s definition of a low- and moderate-income individual. To receive CDBG funds, the City is required to prepare a strategic plan that identifies housing and community needs, prioritizes needs, and identifies programs and goals to address priority needs.

This strategic plan is known as the Consolidated Plan. The current Consolidated Plan was approved by the City Council in May 2020 for the five years of Fiscal Year (FY) 2020-21 through FY 2024-25. On an annual basis, the City prepares an expenditure plan (the Annual Action Plan) that lists specific activities the City will carry out with CDBG funds that meet the housing and community needs identified in the Consolidated Plan. At the end of each fiscal year, the City is required to prepare an accomplishment report. This report is the Consolidated Annual Performance and Evaluation Report (CAPER). In addition to comparing planned versus actual accomplishments for the respective fiscal year, the CAPER tracks the City’s progress toward meeting the 5-year goals established in the Consolidated Plan.

The 2023-2024 CAPER summarizes the CDBG-funded activities undertaken by the City from July 1, 2023, through June 30, 2024 (FY 2023-24). FY 2023-24 is the fourth year of the five years covered by the current Consolidated Plan. Accomplishment highlights for the year include the following:
x Infrastructure and Facility Improvements: CDBG funding was allocated to refurbish the fountains at Max Berg Park. During the reporting period, a consultant specializing in historic preservation was retained to prepare the required environmental review of the proposed project. Additional funding for construction was allocated to the project during FY 2024-25. x Housing Rehabilitation: No homeowners were assisted during the reporting period. x Public Social Services: Approximately 2,750 lower-income San Clemente residents were assisted during the reporting period.
x At-risk of Homelessness: No CDBG funding to support homelessness prevention services (e.g., case management, foodbank) was allocated during FY 2023-24. x Administration: CDBG funds were used to provide program oversight and coordination and fair housing services to 58 households.
x The Orange County Housing Authority (OCHA) reports that it assisted 139 San Clemente households with rental assistance vouchers or certificates during the reporting period.

Exhibit A provides detailed expenditure and accomplishment information for FY 2023-24 CDBG activities undertaken during the reporting period.

The CARES Act of 2020 allocated $654,596 in CDBG-Coronavirus (CDBG-CV) funds to San Clemente. The Act required that CDBG-CV funds be used to prevent, prepare for, or respond to local impacts of the Coronavirus pandemic. HUD required that the City spend 80% of CDBG-CV funds in three years and 22 CAPER 2023-2024 2
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 9/6/24 100% in six years. In April 2023, HUD waived the 80% expenditure requirement. The City utilized all CDBG-CV funds by the conclusion of FY 2022-23 (i.e., June 30, 2023). 23 CAPER 2023-2024 3
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 9/6/24Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Table 1 lists the goals, categories, funding sources and amounts, goal outcome indicators, and targets/actual outcomes/outputs and percentage completed for the five-year Consolidated Plan period and FY 2023-24 (Year 4 of the Consolidated Plan).

Table 1 - Accomplishments – Program Year & Strategic Plan to Date Goal Category Source / Amount Indicator Unit of Measure Expected
5 Yr.

Strategic
Plan
Actual
5 Yr.

Strategic
Plan
Percent
Complete
5 Yr.

Expected
Program
FY 23-24
Actual
Program
FY 23-24
Percent
Complete
Program
FY 23-24
Economic Opportunities
Non-Housing Community Development
CDBG: $0 Businesses assisted Businesses Assisted 10 2 20.00% 6 0 0.00% Homeless Continuum of Care 1
Homeless
CDBG: $0
Public service
activities other than Low/Moderate Income Housing Benefit Persons Assisted 1,065 3,423 321.41% 0 0 0.00%
Homeless Continuum of Care 1
Homeless
Tenant-based rental assistance / Rapid Rehousing
Persons Assisted
5 0 0.00% 0 0 0.00%
Homeless Continuum of Care 1
Homeless
Homeless Person Overnight Shelter
Persons Assisted
185 62 33.51% 0 0 0.00%
Homeless Continuum of Care 1
Homeless
Homelessness Prevention
Persons Assisted 1,250 35 2.80% 0 0 0.00%
Housing Preservation
Affordable Housing
CDBG: $0 Rental Housing
Rehabilitated
Household Housing Unit
2 0 0.00% 0 0 0.00%
Housing Preservation
Affordable Housing
CDBG: $0 Homeowner Housing Rehabilitated Household Housing Unit 20 9 45.00% 6 0 0.00% 24 CAPER 2023-2024 4
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 9/6/24 Goal Category Source / Amount Indicator Unit of Measure Expected
5 Yr.

Strategic
Plan
Actual
5 Yr.

Strategic
Plan
Percent
Complete
5 Yr.

Expected
Program
FY 23-24
Actual
Program
FY 23-24
Percent
Complete
Program
FY 23-24
Infrastructure and Facility Improvements
Non-Housing Community Development
CDBG: $6,554
Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit Persons Assisted 7,000 1,810 25.86% 0 0 0.00
Administration and Planning
Administration
CDBG: $51,379 Other Other 300 216 72.00% 50 58 116.00%
Public Social Services
Non-Homeless Special NeedsLow & Moderateincome Households CDBG: $45,661
Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 12,500 10,543 84.34% 2,784 2,754 98.92%

1. "Source/Amount" represents the total CDBG funds utilized for all Homeless Continuum of Care activities. 25 CAPER 2023-2024 5
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 9/6/24 Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.

As summarized in Table 1, the City used CDBG funds to address the priority needs identified in the Consolidated Plan, including safety net programs for lower-income households:
x Age Well Senior Services provided case management services for homebound San Clemente seniors. Services included assessments and referrals to programs such as Meals on Wheels and homecare services. A total of 25 seniors were assisted during FY 2023-24. x The Boys and Girls Club utilized CDBG funds to provide reduced-cost summer programming for lower-income youths. A total of 213 youths were assisted during the reporting period. x Camino Health Center provides reduced-cost medical and pediatric dental care services for lower-income households, including the uninsured and the homeless – 2,178 San Clemente residents were served during FY 2023-24.
x The Fair Housing Foundation (FHF) provides services to overcome impediments to accessing safe and decent housing. The FHF provided outreach, education, and enforcement services for tenants, landlords, and property managers - 58 households were served during FY 2023-24. x Fun on the Run, a City-sponsored program, provides after-school and summer recreation services for lower-income youth; 302 youths were assisted during the FY 2023-24 reporting period.
x Parentis Foundation provides reading intervention tutoring for elementary-age children.

Parentis links local senior volunteer tutors with children who are not reading at grade level.

During the FY 2023-24 reporting period, 27 San Clemente youths were assisted. x Vocational Visions provided job training, placement, and job coaching services for adults with intellectual and developmental disabilities – nine San Clement residents were assisted during the reporting period.

The City offers housing rehabilitation assistance to qualified homeowners and rental property owners.

The programs aim to preserve and improve the City’s existing housing stock. Improvements typically include installing new energy-efficient windows, termite treatment, new water heaters, and other housing health and safety improvements. No homeowners were assisted during the reporting period due to program staff transitions and to consider modifications to the current program. As previously reported, OCHA provided rental assistance to 139 San Clemente renter households.

As previously reported, CDBG funding was allocated to refurbish the fountains at Max Berg Park. During the reporting period, a consultant specializing in historic preservation was retained to prepare the required environmental review of the proposed project. Additional funding for construction was allocated to the project during FY 2024-25.

Accomplishments for the FY 2023-24 CDBG program are summarized in Exhibit A. 26 CAPER 2023-2024 6
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 9/6/24 CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).

91.520(a)
Table 2 – Table of assistance to racial and ethnic populations by source of funds CDBG
White 2,366
Black or African American 13
Asian 53
American Indian or American Native 84
Native Hawaiian or Other Pacific Islander 8
Other * 230
Total 2,754
Hispanic 1,411
Not Hispanic 1,343
* By default, Table 2 excludes 230 multi-racial program beneficiaries in IDIS.

Narrative
According to the U.S. Census Bureau, most San Clemente residents are racially White – 77.1% (2022 American Community Survey 5-Year Estimates). This data source also reports that 17.1% of the City’s population is Hispanic/Latino – the City’s largest minority population.

Based on Table 2, approximately 86% of program participants are White; 51% are reported to be ethnically Hispanic/Latino. A closer look at the accomplishment data from individual activities provides additional insight. A significant percentage of safety net program participants, such as medical care and youth recreation services, are from lower-income Hispanic/Latino households.

Accomplishment data provided by CDBG sub-recipients also indicates that over 78% of program beneficiaries are from extremely low-income households (i.e., a household with income less than 30% of the County median income). While data from the Consolidated Plan indicates no one San Clemente minority population is disproportionally experiencing a housing cost burden (i.e., households paying more than 30% of monthly income for housing), data from Table 2 and sub-recipients indicates that, in general, lower-income San Clemente households may be economically unstable and seek services to help to stabilize their economic situation.
27 CAPER 2023-2024 7
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 9/6/24 CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Table 3 - Resources Made Available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG CDBG $395,938 $103,594
Narrative
According to the City’s 2023-24 Annual Action Plan, the City anticipated utilizing $395,938 in CDBG program resources comprised of its 2023 CDBG Annual Allocation of $314,259, plus $81,679 in Prior Year Funds. The City did not anticipate receiving CDBG Program Income funds during the reporting period (i.e., Revolving Loan funds generated by the repayment of prior CDBG-funded housing rehabilitation loans). During the reporting period, the City received its 2023 CDBG grant of $314,259 and had access to $81,679 in Prior Year funds. Additionally, the City received $45,146 in program income. As identified in Table 3, the City spent $103,594 in CDBG funds during the reporting period.

In 2020, the City received $654,596 in CDBG-CV funding in two rounds. Cumulatively, the City spent all CDBG-CV funds by the end of FY 2022-23. A detailed summary of CDBG and CDBG-CV expenditures is provided in Exhibit B (PR26: Financial Summary Reports).

Identify the geographic distribution and location of investments Table 4 – Identify the geographic distribution and location of investments Target Area
Planned
Percentage of
Allocation
Actual
Percentage of
Allocation
Narrative Description
CDBG Census Tracts 32 6 Census Tract Block Groups identified by HUD as eligible for CDBG-funded activities
Citywide 68 94 Citywide program or activity
Narrative
Table 4 indicates that most CDBG expenditures during the 2023-24 reporting period were used citywide.

A small amount was spent within the City’s CDBG-eligible area (Max Berg Park). A list of the City’s CDBGeligible areas is provided in Exhibit C. 28 CAPER 2023-2024 8
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 9/6/24 Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.

The City of San Clemente made an effort to leverage CDBG funds to the greatest extent possible. During the reporting period, $293,827 in other funds were used to support activities consistent with Consolidated Plan goals:
x Homeless Outreach Services: $293,827 – Permanent Local Housing Allocation (PLHA) There is no requirement to match the CDBG program.
29 CAPER 2023-2024 9
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 9/6/24 CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.

Table 5 – Number of Households
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units
6 0
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 6 0
Table 6 – Number of Households Supported
One-Year Goal Actual
Number of households supported through
rental assistance 0 0
Number of households supported through
the production of new units 0 0
Number of households supported through
the rehab of existing units 6 0
Number of households supported through
the acquisition of existing units 0 0
Total 6 0
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.

The City did not meet planned housing rehabilitation program goals for the 2023-24 reporting period.

The 2023-2024 Annual Action Plan set a one-year goal to rehabilitate six owner-occupied housing units.

No homeowners were assisted during the reporting period due to program staff changes and to consider modifications to the current program to improve efficiencies.

Discuss how these outcomes will impact future annual action plans.

During the FY 2016-17 report period, the City undertook a comprehensive re-writing of its housing rehabilitation program. While the revised program policies and procedures were necessary to ensure program participant eligibility and proper underwriting (to protect the public’s investment), some program streamlining remained necessary. During the FY 2023-24 reporting period, the City placed a hold on the program. The primary reason was program staff changes, including the retirement of the City’s housing rehabilitation consultant. The retirement allowed City staff to assess the program's 30 CAPER 2023-2024 10
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 9/6/24 effectiveness and efficiency. The City anticipates the program will be revised during FY 2024-25, with the goal to increase program efficiencies and to attract additional program participation.

Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.

Table 7 – Number of Households Served
Number of Households Served CDBG Actual HOME Actual *
Extremely Low-income 0 0
Low-income 0 0
Moderate-income 0 0
Total 0 0
* The City is not a participating jurisdiction in the HOME program.

Narrative Information
Table 7 typically provides information regarding the households that received housing rehabilitation assistance during FY 2023-24. As previously noted, no homeowners were assisted during the reporting period. As previously reported, OCHA provided 139 lower-income San Clemente households with rental assistance during the 2023-24 reporting period.

The City is not a recipient of HOME funds.
31 CAPER 2023-2024 11
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 9/6/24 CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
No CDBG funds were allocated during the 2023-24 reporting period for homeless outreach; however, the City used PLHA funds to provide street outreach services for persons experiencing homelessness.

During the 2023-24 reporting period, the City’s Homeless Outreach staff assisted 276 homeless individuals. The Orange County Sheriff and regional homeless service providers such as Family Assistance Ministries (FAM) have also established outreach programs that engage homeless families.

These efforts align with the regional Continuum of Care and its outreach and assessment strategy.

Addressing the emergency shelter and transitional housing needs of homeless persons During the 2023-24 reporting period, no CDBG funds were allocated for emergency shelter or transitional housing.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The City’s homeless strategy, as delineated in the Consolidated Plan, calls for providing safety net services that help prevent individuals and families from becoming homeless. To this end, during the 2023-24 reporting period, CDBG funds were allocated to safety net programs that assisted lower-income San Clemente households in maintaining shelter and meeting basic needs. Examples of safety net programs include reduced-cost medical and dental services and free or reduced-cost childcare services.

OCHA reports providing rental assistance to six disabled homeless households with Continuum of Care Permanent Supportive Housing Certificates. Five formerly homeless veterans received Veterans Affairs Supportive Housing (VASH) housing vouchers, and 14 households received Emergency Housing Vouchers to address a COVID-19 impact.
32 CAPER 2023-2024 12
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 9/6/24 Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
During the 2023-24 reporting period, no CDBG funding was allocated to fund permanent housing activities for homeless persons. However, as reported above, OCHA provided ten homeless households with Continuum of Care Permanent Supportive Housing Certificates, five homeless veterans received Veterans Affairs Supportive Housing (VASH), and 14 San Clemente households received Emergency Housing Vouchers to address a COVID-19 impact.
33 CAPER 2023-2024 13
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 9/6/24 CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City of San Clemente does not own or manage public housing.

Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
Not applicable
Actions taken to provide assistance to troubled PHAs
Not applicable
34 CAPER 2023-2024 14
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 9/6/24 CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The 2023-2024 Annual Action Plan indicates that the City would address barriers to affordable housing by considering the following actions:
x Housing Resources: Inclusionary Housing in-lieu fees may be available to help nonprofit agencies purchase land or existing housing units to create long-term affordable housing opportunities.
x Environmental Review: City staff is available to assist property owners and developers in navigating environmental review regulations to help reduce holding costs associated with the time needed to comply with environmental reviews.
x Planning and Development Fees: The City typically does not offer fee waivers; however, the City Council can approve a waiver, offer deferred or reduced fees, or supplement fees with public funds for affordable housing projects.
x Permit and Processing Procedures: For an affordable housing project, City staff is available to interact with project sponsors to help determine project feasibility and guide a developer through the entitlement process.
x Land Use Controls: In general, land use controls are necessary to protect public health, safety, and welfare and maintain the quality of life. The City has implemented reasonable controls that are appropriate for the community.
x Tax Policies: There is no local tax.

One affordable housing development project that accessed these policies was initiated during the reporting period. The Memorial Care Senior Housing & Medical Office project will contain 250 units - 20 units for very low-income senior households. The project received a density bonus and modified development standards for height and number of stories. The project remains in the planning phase.

Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The City recognizes that special needs populations face challenges due to low income and their unique conditions (e.g., a disability). These factors make such individuals more likely to become homeless and often require housing and supportive services. The City considers supportive services and housing for special needs populations a priority. Supportive services are also considered a high priority in the Continuum of Care of Orange County. During FY 2023-24, the City-funded public service agencies provided a social safety net to help at-risk households. Services included access to reduced health care for lower-income San Clemente residents. Other special needs services funded during the reporting period include employment training and placement services for disabled adults. 35 CAPER 2023-2024 15
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 9/6/24 Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) The Residential Lead-Based Paint (LBP) Hazard Reduction Act of 1992 changed the federal approach to addressing LBP by emphasizing preventing childhood lead poisoning through housing-based approaches.

In response, the City includes lead-based paint hazard reduction as an eligible activity in its housing rehabilitation programs.

All application packets for the City’s housing rehabilitation program include a notice to educate residents about the health dangers of lead and encourage screening of children for elevated blood-lead levels. All existing units are screened for lead-based paint before using federal funds. Housing units identified as having lead-based paint hazards are treated so the lead-based paint hazards are abated per federal requirements. The City’s housing rehabilitation program is also designed to ensure safe work practices, as dictated by HUD, are implemented to address lead-paint hazards. As previously reported, no housing units were rehabilitated with CDBG funds during FY 2023-24.

Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) According to the U.S. Census Bureau, approximately 5.6% of San Clemente residents have incomes below the poverty level. This figure includes approximately 5.5% of City residents aged 65 and older and 2.4% of children under 18.[1] The Consolidated Plan and Annual Action Plan indicate that the City will support social services and housing activities for households below the poverty line in recognition that income enhancement services can help to increase household stability.

Recognizing that poverty-level households may need assistance, the City funded several activities to assist lower-income residents. For example, Camino Health Center, which provides reduced-cost medical and dental services for lower-income San Clemente residents, reports that approximately 91% of the program’s FY 2023-24 beneficiaries have extremely low incomes. Age Well reports that 72% of the San Clemente seniors it served had extremely low incomes; Vocational Visions reports that 100% of the disabled San Clemente clients it served also had extremely low incomes. It is evident from this data that CDBG resources were critical resources in the community and assisted many individuals living in or near poverty.
[1.] POVERTY STATUS IN THE PAST 12 MONTHS, 2022 American Community Survey 5-Year Estimates, S1701.

Actions taken to develop institutional structure. 91.220(k); 91.320(j) During FY 2023-24, the City continued efforts to eliminate institutional gaps and coordinate programs within the community and regionally. For example, the City partnered with local nonprofits to deliver public services. City departments also worked together to evaluate projects funded in whole or in part with CDBG funds that address priority needs. The City assisted OCHA by participating in the Cities Advisory Committee – a quarterly meeting of cities and OCHA to discuss federal rental housing assistance and regional housing issues. On a regional basis, the City supported the Orange County Continuum of Care (CoC) as it prepared the County’s CoC Homeless Assistance grant application for HUD consideration. 36 CAPER 2023-2024 16
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 9/6/24 The City also supports the CoC’s efforts to develop the County’s plan to end chronic homelessness and the regional discharge plan.

Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
As indicated above, the City participated in regional coordination of services by participating in the quarterly Cities Advisory Committee held by OCHA to discuss federal rental housing assistance issues and as a contributor to the Orange County CoC Forum. Furthermore, through its CDBG and PLHA-funded programs, the City has coordinated the delivery of social services to the community that address various needs. The City has also established relationships with residential for-profit and nonprofit developers that may be prepared to respond to local affordable housing development opportunities.

Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) Consolidated Plan regulations require CDBG recipients to (1) examine and attempt to alleviate housing discrimination within their jurisdiction; (2) promote fair housing choice for all persons; (3) provide opportunities for all persons to reside in any given housing development, regardless of race, color, religion, sex, disability, familial status, or national origin; (4) promote housing that is accessible to and usable by persons with disabilities; and (5) comply with the non-discrimination requirements of the Fair Housing Act. HUD encourages jurisdictions to consult with one another and initiate metropolitan-wide fair housing planning. The Analysis of Impediments to Fair Housing Choice (AI) is the primary document for this purpose.

During the FY 2020-21 reporting period, the City participated as one of 20 jurisdictions in preparing the Orange County 2020-2024 Analysis of Impediments to Fair Housing (OC-AI). The OC-AI identified various actions that can be implemented over five years to address regional and local barriers to fair housing. The City contracts with the Fair Housing Foundation to provide fair housing outreach, education, and enforcement services and help the City address the impediments to fair housing identified in the OC-AI. A summary of AI-related actions is provided in Exhibit D. 37 CAPER 2023-2024 17
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 9/6/24 CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
The City’s monitoring program has been designed to provide program staff with information to verify the accuracy of data supplied by sub-recipients, ensure that sub-recipients are carrying out individual activities as described in their contracts, and ensure that sub-recipients use appropriate accounting and record-keeping methods to manage CDBG funds. CDBG program policies help ensure sub-recipients receive training regarding CDBG grant management, CDBG program goals, and subrecipient obligations.

For FY 2023-24, this training was held in October 2023.

On-site monitoring of sub-recipients is conducted biennially unless program or administrative issues are identified or the grant recipient is new to CDBG. The City last conducted on-site monitoring during the FY 2021-22 reporting period. FY 2023-24 monitoring is scheduled for FY 2024-25.

During the reporting period, program staff worked closely with City departments to ensure CDBG program regulations and other federal requirements were implemented. City departments and public service grant sub-recipients submit quarterly accomplishment reports. Subrecipients are also required to provide documentation to support CDBG reimbursement requests. Program staff conducts a desk monitoring of this information to ensure CDBG program compliance.

The City also made every effort to comply with CDBG and Consolidated Plan regulations. The City’s Citizen Participation Plan ensures that community input is considered before undertaking a substantial amendment or submitting an annual update to HUD. It also provides residents the opportunity to review and comment on annual performance. Construction, professional service, and subrecipient agreements have been prepared to ensure compliance with applicable federal regulations. Additionally, the City has implemented an open procurement process that encourages bidding from minority and women-owned businesses.
38 CAPER 2023-2024 18
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 9/6/24 Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.

To encourage resident participation in the City’s CDBG program, the City published a notice in the San Clemente Times on August 29, 2024, announcing a 15-day public comment period and public hearing for the 2023-24 CAPER. The CAPER was available for public review on the City’s website (https://www.sanclemente.org/departments-services/housing-and-social-services). An additional opportunity for public comments was availed at the September 17, 2024, San Clemente City Council meeting. A copy of this notice and a summary of written comments are provided in Exhibit E. 39 CAPER 2023-2024 19
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 9/6/24 CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.

No Consolidated Plan or action plans were amended during the reporting period.

Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.

Not applicable
40 CAPER 2023-2024 20
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 9/6/24 CR-58 – Section 3
Identify the number of individuals assisted and the types of assistance provided Table 8 – Total Labor Hours
Total Labor Hours CDBG HOME ESG HOPWA HTF
Total Number of Activities NA NA NA NA NA
Total Labor Hours
Total Section 3 Worker Hours
Total Targeted Section 3 Worker Hours
Table 9 – Qualitative Efforts - Number of Activities by Program Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF Outreach efforts to generate job applicants who are Public Housing Targeted Workers
Outreach efforts to generate job applicants who are Other Funding Targeted Workers.

Direct, on-the job training (including apprenticeships).

Indirect training such as arranging for, contracting for, or paying tuition for, offsite training.

Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).

Outreach efforts to identify and secure bids from Section 3 business concerns.

Technical assistance to help Section 3 business concerns understand and bid on contracts.

Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns.

Provided or connected residents with assistance in seeking employment including: drafting resumes,preparing for interviews, finding job opportunities, connecting residents to job placement services.

Held one or more job fairs.

Provided or connected residents with supportive services that can provide direct services or referrals.

Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation.

Assisted residents with finding child care.

Assisted residents to apply for, or attend community college or a four year educational institution.

Assisted residents to apply for, or attend vocational/technical training.

Assisted residents to obtain financial literacy training and/or coaching.

Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.

Provided or connected residents with training on computer use or online technologies.

Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses.

Outreach, engagement, or referrals with the state one-stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act.

Other.
41 CAPER 2023-2024 21
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 9/6/24 Narrative
The City did not undertake any activity that triggered Section 3 reporting during FY 2023-24. 42 11-Sep-2024 U.S. Department of Housing and Urban Development 17:241
Date: Time: Page:

Office of Community Planning and Development
Integrated Disbursement and Information System
CDBG Activity Summary Report (GPR) for Program Year 2023

SAN CLEMENTE
Page: PR03 - SAN CLEMENTE 1 of 21
176 - Single-Family Housing Rehabilitation Program
Project:IDIS Activity:
0001 - Single-Family Housing Rehabilitation Program
PGM Year: 2023
Description:

Rehab; Single-Unit Residential (14A) Matrix Code:Provide decent affordable housingAffordability Objective:Outcome:

Canceled 9/6/2024 8:51:29 PM1030 Calle Negocio San Clemente, CA 92673-6203 National Objective: LMH
Status:Location:CDBG funds (2023 funds plus program income received during the year) for homeowner housing rehabilitation loans or grants to address housingbuilding code deficiencies anddeferred property improvements 09/25/2023
Activity to prevent, prepare for, and respond to Coronavirus:Initial Funding Date:

No
Financing
No data returned for this view. This might be because the applied filter excludes all data.

Proposed Accomplishments
Housing Units : 6
Actual AccomplishmentsNumber assisted:

Person
Hispanic
000000000
White:Black/African American:Asian:American Indian/Alaskan Native:Native Hawaiian/Other Pacific Islander:American Indian/Alaskan Native & White:Asian White:Black/African American & White:American Indian/Alaskan Native & Black/African American:

Owner
Total Hispanic
0 00 00 00 00000000000
Renter
Total Hispanic
00 00
00000000000000
Total
Total Hispanic Total
00000000
000000000
000000000
Exhibit A
43 11-Sep-2024 U.S. Department of Housing and Urban Development 17:242
Date: Time: Page:

Office of Community Planning and Development
Integrated Disbursement and Information System
CDBG Activity Summary Report (GPR) for Program Year 2023

SAN CLEMENTE
Page: PR03 - SAN CLEMENTE 2 of 21
0 000
0 Other multi-racial:Asian/Pacific Islander:Hispanic:Total:
00000000
0000000 0
00 000
000
00 0
Female-headed Households: 000Income Category:Extremely LowLow ModModerateNon Low ModerateTotalPercent Low/Mod Owner
00000
Renter
00000
Total
00000
Person
00000
Annual Accomplishments
Years Accomplishment Narrative # Benefitting2023 No loans or grants were approved during the FY 23-24 reporting period due to city staffing changes. The City also evaluated the program guidelines in light of the lack of program interest. Expenditures relate to costs associated with ongoing loan portfolio monitoring and loanservicing. Also some related program admin costs. Because an accomplishment is necessary to complete an activity, RL draw downs totaling$10,223.00 have been canceled and retuned to the City's RL fund and will be drawn as Program Admin (#184). An unspent balance of$158,419.18 will be reprogrammed ($150,958 - 2022, $8,048.00 - 2023 $, plus $7,461.18 in RL $). The Activity is canceled.

Exhibit A
44 11-Sep-2024 U.S. Department of Housing and Urban Development 17:243
Date: Time: Page:

Office of Community Planning and Development
Integrated Disbursement and Information System
CDBG Activity Summary Report (GPR) for Program Year 2023

SAN CLEMENTE
Page: PR03 - SAN CLEMENTE 3 of 21
177 - Age Well Senior Services
Project:IDIS Activity:
0002 - Age Well Senior Services
PGM Year: 2023
Description:

Senior Services (05A) Matrix Code:Create suitable living environmentsAvailability/accessibility Objective:Outcome:

Completed 6/30/2024 12:00:00 AM910 Calle Negocio San Clemente, CA 92673-6268 National Objective: LMC
Status:Location:A variety of services for homebound seniors, including in-home support services, meals-on-wheels, and case management 09/25/2023
Activity to prevent, prepare for, and respond to Coronavirus:Initial Funding Date:

No
Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year CDBGTotal
ENTotal
2023 B23MC060599 $5,000.00 $5,000.00 $5,000.00
$5,000.00 $5,000.00 $5,000.00
Proposed Accomplishments
People (General) : 30
Actual AccomplishmentsNumber assisted:

Person
Hispanic
0 900000000000
9 White:Black/African American:Asian:American Indian/Alaskan Native:Native Hawaiian/Other Pacific Islander:American Indian/Alaskan Native & White:Asian White:Black/African American & White:American Indian/Alaskan Native & Black/African American:Other multi-racial:Asian/Pacific Islander:Hispanic:Total:

Owner
Total Hispanic
0 00 0000
0 0 00000000000000000
Renter
Total Hispanic
000
00 00000000000000000000
0 Total
Total Hispanic Total
24 0100000000
000000000000
000000000000
0 0 25
Exhibit A
45 11-Sep-2024 U.S. Department of Housing and Urban Development 17:244
Date: Time: Page:

Office of Community Planning and Development
Integrated Disbursement and Information System
CDBG Activity Summary Report (GPR) for Program Year 2023

SAN CLEMENTE
Page: PR03 - SAN CLEMENTE 4 of 21
Female-headed Households: 000Income Category:Extremely LowLow ModModerateNon Low ModerateTotalPercent Low/Mod Owner
00000
Renter
00000
Total
00000
Person
18 430
25 100.0%
Annual Accomplishments
Years Accomplishment Narrative # Benefitting2023 CDBG funds to support services for San Clemente seniors. A total of 25 San Clemente seniors were assisted during the FY 23-24 report period.

The Activity is complete.

Exhibit A
46 11-Sep-2024 U.S. Department of Housing and Urban Development 17:245
Date: Time: Page:

Office of Community Planning and Development
Integrated Disbursement and Information System
CDBG Activity Summary Report (GPR) for Program Year 2023

SAN CLEMENTE
Page: PR03 - SAN CLEMENTE 5 of 21
178 - Boys and Girls Club of the South Coast Area
Project:IDIS Activity:
0004 - Boys and Girls Club of the South Coast Area
PGM Year: 2023
Description:

Youth Services (05D) Matrix Code:Create suitable living environmentsAffordability Objective:Outcome:

Completed 6/30/2024 12:00:00 AM1304 Calle Valle San Clemente, CA 92672-3838 National Objective: LMC
Status:Location:CDBG funding will offset Summer Camp program operating costs so the B&G Club can provide free or reduced-cost program access for at-risk lower-income children 09/25/2023
Activity to prevent, prepare for, and respond to Coronavirus:Initial Funding Date:

No
Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year CDBGTotal
ENTotal
2023 B23MC060599 $10,815.00 $10,815.00 $10,815.00
$10,815.00 $10,815.00 $10,815.00
Proposed Accomplishments
People (General) : 100
Actual AccomplishmentsNumber assisted:

Person
Hispanic
0 00
59 000000000
59 White:Black/African American:Asian:American Indian/Alaskan Native:Native Hawaiian/Other Pacific Islander:American Indian/Alaskan Native & White:Asian White:Black/African American & White:American Indian/Alaskan Native & Black/African American:Other multi-racial:Asian/Pacific Islander:Hispanic:Total:

Owner
Total Hispanic
0 00 0000
0 0 00000000000000000
Renter
Total Hispanic
000
00 00000000000000000000
0 Total
Total Hispanic Total
110
56 59
00000
33 0
000000000000
000000000000
0 0 213
Exhibit A
47 11-Sep-2024 U.S. Department of Housing and Urban Development 17:246
Date: Time: Page:

Office of Community Planning and Development
Integrated Disbursement and Information System
CDBG Activity Summary Report (GPR) for Program Year 2023

SAN CLEMENTE
Page: PR03 - SAN CLEMENTE 6 of 21
Female-headed Households: 000Income Category:Extremely LowLow ModModerateNon Low ModerateTotalPercent Low/Mod Owner
00000
Renter
00000
Total
00000
Person
38553189
213

58.2%
Annual Accomplishments
Years Accomplishment Narrative # Benefitting2023 CDBG funds to support Summer youth recreation and enrichment program. A total of 213 youths were assisted during the FY 23-24 reporting period. The Activity is complete.

Exhibit A
48 11-Sep-2024 U.S. Department of Housing and Urban Development 17:247
Date: Time: Page:

Office of Community Planning and Development
Integrated Disbursement and Information System
CDBG Activity Summary Report (GPR) for Program Year 2023

SAN CLEMENTE
Page: PR03 - SAN CLEMENTE 7 of 21
179 - Camino Health Center
Project:IDIS Activity:
0003 - Camino Health Center
PGM Year: 2023
Description:

Health Services (05M) Matrix Code:Create suitable living environmentsAvailability/accessibility Objective:Outcome:

Completed 6/30/2024 12:00:00 AM1031 Avenida Pico Ste 104 San Clemente, CA 92673-6355 National Objective: LMC Status:Location:Primary medical care and pediatric dental services at a reduced cost for lower-income persons and indigents 09/25/2023
Activity to prevent, prepare for, and respond to Coronavirus:Initial Funding Date:

No
Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year CDBGTotal
ENTotal
2023 B23MC060599 $10,815.00 $10,815.00 $10,815.00
$10,815.00 $10,815.00 $10,815.00
Proposed Accomplishments
People (General) : 2,500
Actual AccomplishmentsNumber assisted:

Person
Hispanic
0 0272000000
61 1,094
1,166
White:Black/African American:Asian:American Indian/Alaskan Native:Native Hawaiian/Other Pacific Islander:American Indian/Alaskan Native & White:Asian White:Black/African American & White:American Indian/Alaskan Native & Black/African American:Other multi-racial:Asian/Pacific Islander:Hispanic:Total:

Owner
Total Hispanic
0 00 0000
0 0 00000000000000000
Renter
Total Hispanic
000
00 00000000000000000000
0 Total
Total Hispanic Total
1,918
7 4613
70000
187
0 000000000000
000000000000
0 0 2,178
Exhibit A
49 11-Sep-2024 U.S. Department of Housing and Urban Development 17:248
Date: Time: Page:

Office of Community Planning and Development
Integrated Disbursement and Information System
CDBG Activity Summary Report (GPR) for Program Year 2023

SAN CLEMENTE
Page: PR03 - SAN CLEMENTE 8 of 21
Female-headed Households: 000Income Category:Extremely LowLow ModModerateNon Low ModerateTotalPercent Low/Mod Owner
00000
Renter
00000
Total
00000
Person
1,982
104
3854
2,178

97.5%
Annual Accomplishments
Years Accomplishment Narrative # Benefitting2023 CDBG funds to support primary medical care and pediatric dental services at a reduced cost for lower-income persons and indigents. A total of 2,178 San Clemente residents were assisted during the FY 23-24 report period. The Activity is complete.

Exhibit A
50 11-Sep-2024 U.S. Department of Housing and Urban Development 17:249
Date: Time: Page:

Office of Community Planning and Development
Integrated Disbursement and Information System
CDBG Activity Summary Report (GPR) for Program Year 2023

SAN CLEMENTE
Page: PR03 - SAN CLEMENTE 9 of 21
180 - Fun On The Run
Project:IDIS Activity:
0005 - Fun On The Run (City of San Clemente)
PGM Year: 2023
Description:

Youth Services (05D) Matrix Code:Create suitable living environmentsAvailability/accessibility Objective:Outcome:

Completed 6/30/2024 12:00:00 AM910 Calle Negocio San Clemente, CA 92673-6268 National Objective: LMC
Status:Location:After-school recreation and homework assistance program with a focus on low- and moderate-income children 09/25/2023
Activity to prevent, prepare for, and respond to Coronavirus:Initial Funding Date:

No
Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year CDBGTotal
ENTotal
2023 B23MC060599 $10,000.00 $10,000.00 $10,000.00
$10,000.00 $10,000.00 $10,000.00
Proposed Accomplishments
People (General) : 120
Actual AccomplishmentsNumber assisted:

Person
Hispanic
0 00000400400
154
162
White:Black/African American:Asian:American Indian/Alaskan Native:Native Hawaiian/Other Pacific Islander:American Indian/Alaskan Native & White:Asian White:Black/African American & White:American Indian/Alaskan Native & Black/African American:Other multi-racial:Asian/Pacific Islander:Hispanic:Total:

Owner
Total Hispanic
0 00 0000
0 0 00000000000000000
Renter
Total Hispanic
000
00 00000000000000000000
0 Total
Total Hispanic Total
293
1000040040
000000000000
000000000000
0 0 302
Exhibit A
51 11-Sep-2024 U.S. Department of Housing and Urban Development 17:2410
Date: Time: Page:

Office of Community Planning and Development
Integrated Disbursement and Information System
CDBG Activity Summary Report (GPR) for Program Year 2023

SAN CLEMENTE
Page: PR03 - SAN CLEMENTE 10 of 21
Female-headed Households: 000Income Category:Extremely LowLow ModModerateNon Low ModerateTotalPercent Low/Mod Owner
00000
Renter
00000
Total
00000
Person
9797
103
5 302

98.3%
Annual Accomplishments
Years Accomplishment Narrative # Benefitting2023 CDBG funds to support after-school and summer recreation programs for lower-income youths. A total of 302 lower-income youths were assisted during the FY 23-24 reporting period. The Activity is complete.

Exhibit A
52 11-Sep-2024 U.S. Department of Housing and Urban Development 17:2411
Date: Time: Page:

Office of Community Planning and Development
Integrated Disbursement and Information System
CDBG Activity Summary Report (GPR) for Program Year 2023

SAN CLEMENTE
Page: PR03 - SAN CLEMENTE 11 of 21
181 - Parentis Health Foundation
Project:IDIS Activity:
0006 - Parentis Health Foundation
PGM Year: 2023
Description:

Youth Services (05D) Matrix Code:Create suitable living environmentsAvailability/accessibility Objective:Outcome:

Completed 6/30/2024 12:00:00 AM1304 Calle Valle San Clemente, CA 92672-3838 National Objective: LMC
Status:Location:Intensive one-on-one reading support for students that do not read at grade level - tutoring is provided by trained older adult volunteers for an entire school year 09/25/2023
Activity to prevent, prepare for, and respond to Coronavirus:Initial Funding Date:

No
Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year CDBGTotal
ENTotal
2023 B23MC060599 $5,500.00 $5,500.00 $5,500.00
$5,500.00 $5,500.00 $5,500.00
Proposed Accomplishments
People (General) : 25
Actual AccomplishmentsNumber assisted:

Person
Hispanic
0 00
12 000010000
13 White:Black/African American:Asian:American Indian/Alaskan Native:Native Hawaiian/Other Pacific Islander:American Indian/Alaskan Native & White:Asian White:Black/African American & White:American Indian/Alaskan Native & Black/African American:Other multi-racial:Asian/Pacific Islander:Hispanic:Total:

Owner
Total Hispanic
0 00 0000
0 0 00000000000000000
Renter
Total Hispanic
000
00 00000000000000000000
0 Total
Total Hispanic Total
12 00
12 1020000
000000000000
000000000000
0 0 27
Exhibit A
53 11-Sep-2024 U.S. Department of Housing and Urban Development 17:2412
Date: Time: Page:

Office of Community Planning and Development
Integrated Disbursement and Information System
CDBG Activity Summary Report (GPR) for Program Year 2023

SAN CLEMENTE
Page: PR03 - SAN CLEMENTE 12 of 21
Female-headed Households: 000Income Category:Extremely LowLow ModModerateNon Low ModerateTotalPercent Low/Mod Owner
00000
Renter
00000
Total
00000
Person
11 385
27 81.5%
Annual Accomplishments
Years Accomplishment Narrative # Benefitting2023 CDBG funds to support one-on-one reading support for elementary school-age students that do not read at grade level - tutoring is provided by trained older adult volunteers. A total of 27 youths were assisted during the FY 23-24 reporting period. The Activity is complete.

Exhibit A
54 11-Sep-2024 U.S. Department of Housing and Urban Development 17:2413
Date: Time: Page:

Office of Community Planning and Development
Integrated Disbursement and Information System
CDBG Activity Summary Report (GPR) for Program Year 2023

SAN CLEMENTE
Page: PR03 - SAN CLEMENTE 13 of 21
182 - Vocational Visions
Project:IDIS Activity:
0007 - Vocational Visions
PGM Year: 2023
Description:

Services for Persons with Disabilities(05B)
Matrix Code:

Create economic opportunitiesAvailability/accessibility Objective:Outcome:

Completed 6/30/2024 12:00:00 AM26041 Pala Mission Viejo, CA 92691-2705 National Objective: LMC
Status:Location:Job preparation and job-seeking support services and on-the-job coaching for adults with developmental disabilities 09/25/2023
Activity to prevent, prepare for, and respond to Coronavirus:Initial Funding Date:

No
Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year CDBGTotal
ENTotal
2023 B23MC060599 $3,531.00 $3,531.00 $3,531.00
$3,531.00 $3,531.00 $3,531.00
Proposed Accomplishments
People (General) : 12
Actual AccomplishmentsNumber assisted:

Person
Hispanic
0 200000000000
2 White:Black/African American:Asian:American Indian/Alaskan Native:Native Hawaiian/Other Pacific Islander:American Indian/Alaskan Native & White:Asian White:Black/African American & White:American Indian/Alaskan Native & Black/African American:Other multi-racial:Asian/Pacific Islander:Hispanic:Total:

Owner
Total Hispanic
0 00 0000
0 0 00000000000000000
Renter
Total Hispanic
000
00 00000000000000000000
0 Total
Total Hispanic Total
90000000000
000000000000
000000000000
00 9
Exhibit A
55 11-Sep-2024 U.S. Department of Housing and Urban Development 17:2414
Date: Time: Page:

Office of Community Planning and Development
Integrated Disbursement and Information System
CDBG Activity Summary Report (GPR) for Program Year 2023

SAN CLEMENTE
Page: PR03 - SAN CLEMENTE 14 of 21
Female-headed Households: 000Income Category:Extremely LowLow ModModerateNon Low ModerateTotalPercent Low/Mod Owner
00000
Renter
00000
Total
00000
Person
90009
100.0%
Annual Accomplishments
Years Accomplishment Narrative # Benefitting2023 CDBG funds are allocated to support employment counseling, placement, and job coaching services for adults with intellectual and developmental disabilities. A total of 9 San Clemente residents were assisted during the FY 23-24 report period. The Activity is complete. Anunspent balance of $1,469.50 (2023 funds) will be reprogrammed.

Exhibit A
56 11-Sep-2024 U.S. Department of Housing and Urban Development 17:2415
Date: Time: Page:

Office of Community Planning and Development
Integrated Disbursement and Information System
CDBG Activity Summary Report (GPR) for Program Year 2023

SAN CLEMENTE
Page: PR03 - SAN CLEMENTE 15 of 21
183 - Fair Housing Foundation
Project:IDIS Activity:
0008 - Fair Housing Foundation
PGM Year: 2023
Description:

Fair Housing Activities (subject to20% Admin Cap) (21D) Objective:Outcome:Matrix Code:

Completed 6/30/2024 12:00:00 AM ,
National Objective:

Status:Location:Fair housing outreach, education, and enforcement services, including landlord, tenant, and property management fair housing training; community outreach and education; complaintinvestigation and enforcement services.A total of 58 households were assisted during the FY 23-24 report period.Eight (8) fair housing allegations were received during the year (Physical Disability-5, Familial Status-1, Gender-1, Sexual Orientation-1).All were resolved via counseling, except for one case that was opened for further investigation (Sexual Orientation).Notices, lease terms, habitability, and evictions were the primary landlord-tenant issues addressed during the year.Approximately 90% of households served are lower-income, and 31% are ethnicracial minorities.The Activity is complete. 09/25/2023
Activity to prevent, prepare for, and respond to Coronavirus:Initial Funding Date:

No
Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year CDBGTotal
ENTotal
2023 B23MC060599 $5,000.00 $5,000.00 $5,000.00
$5,000.00 $5,000.00 $5,000.00
Proposed AccomplishmentsActual AccomplishmentsNumber assisted:

Person
Hispanic
White:Black/African American:Asian:American Indian/Alaskan Native:Native Hawaiian/Other Pacific Islander:American Indian/Alaskan Native & White:Asian White:Black/African American & White:American Indian/Alaskan Native & Black/African American:

Owner
Total Hispanic
Renter
Total Hispanic
Total
Total Hispanic Total
000000000
000000000
Exhibit A
57 11-Sep-2024 U.S. Department of Housing and Urban Development 17:2416
Date: Time: Page:

Office of Community Planning and Development
Integrated Disbursement and Information System
CDBG Activity Summary Report (GPR) for Program Year 2023

SAN CLEMENTE
Page: PR03 - SAN CLEMENTE 16 of 21
0 Other multi-racial:Asian/Pacific Islander:Hispanic:Total: 00 0 0 000
000
00 0
Female-headed Households: 0Income Category:Extremely LowLow ModModerateNon Low ModerateTotalPercent Low/Mod Owner
0 Renter
0 Total
00000
Person
0 Annual Accomplishments
No data returned for this view. This might be because the applied filter excludes all data.

Exhibit A
58 11-Sep-2024 U.S. Department of Housing and Urban Development 17:2417
Date: Time: Page:

Office of Community Planning and Development
Integrated Disbursement and Information System
CDBG Activity Summary Report (GPR) for Program Year 2023

SAN CLEMENTE
Page: PR03 - SAN CLEMENTE 17 of 21
184 - CDBG Program Administration
Project:IDIS Activity:
0009 - CDBG Program Administration
PGM Year: 2023
Description:

General Program Administration (21A)
Objective:Outcome:Matrix Code:

Open ,
National Objective:

Status:Location:Program oversight and coordination, including management of public service grants, housing rehabilitation programs, and preparation of required applications and reports 09/25/2023
Activity to prevent, prepare for, and respond to Coronavirus:Initial Funding Date:

No
Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year CDBGTotal
ENTotal
2023 B23MC060599 $57,850.00 $46,379.00 $46,379.00
$57,850.00 $46,379.00 $46,379.00
Proposed AccomplishmentsActual AccomplishmentsNumber assisted:

Person
Hispanic
0 White:Black/African American:Asian:American Indian/Alaskan Native:Native Hawaiian/Other Pacific Islander:American Indian/Alaskan Native & White:Asian White:Black/African American & White:American Indian/Alaskan Native & Black/African American:Other multi-racial:Asian/Pacific Islander:Hispanic:Total:

Owner
Total Hispanic
00 Renter
Total Hispanic
00 Total
Total Hispanic Total
000000000000
000000000000
00 0
Female-headed Households: 0
Exhibit A
59 11-Sep-2024 U.S. Department of Housing and Urban Development 17:2418
Date: Time: Page:

Office of Community Planning and Development
Integrated Disbursement and Information System
CDBG Activity Summary Report (GPR) for Program Year 2023

SAN CLEMENTE
Page: PR03 - SAN CLEMENTE 18 of 21
Income Category:Extremely LowLow ModModerateNon Low ModerateTotalPercent Low/Mod Owner
0 Renter
0 Total
00000
Person
0 Annual Accomplishments
No data returned for this view. This might be because the applied filter excludes all data.

Exhibit A
60 11-Sep-2024 U.S. Department of Housing and Urban Development 17:2419
Date: Time: Page:

Office of Community Planning and Development
Integrated Disbursement and Information System
CDBG Activity Summary Report (GPR) for Program Year 2023

SAN CLEMENTE
Page: PR03 - SAN CLEMENTE 19 of 21
185 - Max Berg Park Improvements (Phase 1)
Project:IDIS Activity:
0010 - Max Berg Park Improvements Year 2
PGM Year: 2023
Description:

Parks, Recreational Facilities (03F) Matrix Code:Create suitable living environmentsAvailability/accessibility Objective:Outcome:

Open1100 Calle Puente San Clemente, CA 92672-5019
National Objective: LMA
Status:Location:Max Berg Park Fountain Refurbishment Project - Phase 1 will cover costs associated with historic preservation consulting and design of proposed park improvements (restoration of fourfountains that contribute to the historic nature of the park 09/25/2023
Activity to prevent, prepare for, and respond to Coronavirus:Initial Funding Date:

No
Financing
Fund Type Grant Year Grant Funded Amount Drawn In Program Year Drawn Thru Program Year CDBGTotal
ENTotal
20212023
B21MC060599B23MC060599
$73,240.08 $6,554.00 $6,554.00$51,759.92 $0.00 $0.00
$125,000.00 $6,554.00 $6,554.00
Proposed Accomplishments
Public Facilities : 1Total Population in Service Area: 4,090Census Tract Percent Low / Mod: 71.27 Annual Accomplishments
Years Accomplishment Narrative # Benefitting2023 CDBG funds allocated to refurbish Max Berg Park Fountain. Phase 1 of the project will cover costs associated the preparation of the project's NEPA review (including historic preservation consultation) and the preparation of the design of proposed park improvements, i.e., the restorationof four fountains that contribute to the historic nature of the park. During the FY 23-24 reporting period, consultants have started a search ofrecords and preparing initial documents for CA-SHPO to review. It is anticipated that the NEPA review for the project will be completed byDecember 2024.

Exhibit A
61 11-Sep-2024 U.S. Department of Housing and Urban Development 17:2420
Date: Time: Page:

Office of Community Planning and Development
Integrated Disbursement and Information System
CDBG Activity Summary Report (GPR) for Program Year 2023

SAN CLEMENTE
Page: PR03 - SAN CLEMENTE 20 of 21
186 - Business Sign and Facade Improvement Grants
Project:IDIS Activity:
0011 - Business Sign and Facade Improvement Grants
PGM Year: 2023
Description:

Other Commercial/IndustrialImprovements (17D)
Matrix Code:

Create suitable living environmentsSustainability
Objective:Outcome:

Canceled 6/30/2024 12:00:00 AM910 Calle Negocio San Clemente, CA 92673-6268 National Objective: LMA
Status:Location:Grants to business owners to update or upgrade business signs andor other minor building facades improvements.No applications were received during the FY 23-24reporting period.The activity will be canceled.Unspent funds ($10,000 - 2023 $) will be reprogrammed. 09/25/2023
Activity to prevent, prepare for, and respond to Coronavirus:Initial Funding Date:

No
Financing
No data returned for this view. This might be because the applied filter excludes all data.

Proposed Accomplishments
Businesses : 5Total Population in Service Area: 1,520Census Tract Percent Low / Mod: 62.17 Annual Accomplishments
Years Accomplishment Narrative # Benefitting2023 Grants to business owners to update or upgrade business signs and/or other minor building facades improvements. No applications were received during the FY 23-24 reporting period. The Activity will be canceled. Unspent funds ($10,000 - 2023 $) will be reprogrammed.

Exhibit A
62 11-Sep-2024 U.S. Department of Housing and Urban Development 17:2421
Date: Time: Page:

Office of Community Planning and Development
Integrated Disbursement and Information System
CDBG Activity Summary Report (GPR) for Program Year 2023

SAN CLEMENTE
Page: PR03 - SAN CLEMENTE 21 of 21
$233,511.00$103,594.00$103,594.00
Total Funded Amount:Total Drawn Thru Program Year:Total Drawn In Program Year:

Exhibit A
63 PR26 - CDBG Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:

TIME:

PAGE: 1
17:25
09-11-24
Program Year 2023

SAN CLEMENTE , CA
Metrics
Grantee
Program Year
PART I: SUMMARY OF CDBG RESOURCES
01 UNEXPENDED CDBG FUNDS AT END OF PREVIOUS PROGRAM YEAR 02 ENTITLEMENT GRANT
03 SURPLUS URBAN RENEWAL
04 SECTION 108 GUARANTEED LOAN FUNDS
05 CURRENT YEAR PROGRAM INCOME
05a CURRENT YEAR SECTION 108 PROGRAM INCOME (FOR SI TYPE) 06 FUNDS RETURNED TO THE LINE-OF-CREDIT
06a FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT
07 ADJUSTMENT TO COMPUTE TOTAL AVAILABLE
08 TOTAL AVAILABLE (SUM, LINES 01-07)
PART II: SUMMARY OF CDBG EXPENDITURES
09 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 10 ADJUSTMENT TO COMPUTE TOTAL AMOUNT SUBJECT TO LOW/MOD BENEFIT 11 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 09 + LINE 10) 12 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
13 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS
14 ADJUSTMENT TO COMPUTE TOTAL EXPENDITURES
15 TOTAL EXPENDITURES (SUM, LINES 11-14)
16 UNEXPENDED BALANCE (LINE 08 - LINE 15)
PART III: LOWMOD BENEFIT THIS REPORTING PERIOD
17 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS
18 EXPENDED FOR LOW/MOD MULTI-UNIT HOUSING
19 DISBURSED FOR OTHER LOW/MOD ACTIVITIES
20 ADJUSTMENT TO COMPUTE TOTAL LOW/MOD CREDIT
21 TOTAL LOW/MOD CREDIT (SUM, LINES 17-20)
22 PERCENT LOW/MOD CREDIT (LINE 21/LINE 11)

LOW/MOD BENEFIT FOR MULTI-YEAR CERTIFICATIONS
23 PROGRAM YEARS(PY) COVERED IN CERTIFICATION
24 CUMULATIVE NET EXPENDITURES SUBJECT TO LOW/MOD BENEFIT CALCULATION 25 CUMULATIVE EXPENDITURES BENEFITING LOW/MOD PERSONS
26 PERCENT BENEFIT TO LOW/MOD PERSONS (LINE 25/LINE 24) PART IV: PUBLIC SERVICE (PS) CAP CALCULATIONS
27 DISBURSED IN IDIS FOR PUBLIC SERVICES
28 PS UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 29 PS UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 30 ADJUSTMENT TO COMPUTE TOTAL PS OBLIGATIONS
31 TOTAL PS OBLIGATIONS (LINE 27 + LINE 28 - LINE 29 + LINE 30) 32 ENTITLEMENT GRANT
33 PRIOR YEAR PROGRAM INCOME
34 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PS CAP
35 TOTAL SUBJECT TO PS CAP (SUM, LINES 32-34)
36 PERCENT FUNDS OBLIGATED FOR PS ACTIVITIES (LINE 31/LINE 35) PART V: PLANNING AND ADMINISTRATION (PA) CAP
37 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
38 PA UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 39 PA UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 40 ADJUSTMENT TO COMPUTE TOTAL PA OBLIGATIONS
41 TOTAL PA OBLIGATIONS (LINE 37 + LINE 38 - LINE 39 +LINE 40) 42 ENTITLEMENT GRANT
43 CURRENT YEAR PROGRAM INCOME
44 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PA CAP
45 TOTAL SUBJECT TO PA CAP (SUM, LINES 42-44)
46 PERCENT FUNDS OBLIGATED FOR PA ACTIVITIES (LINE 41/LINE 45)

SAN CLEMENTE , CA
2,023.00
216,144.08
314,259.00

0.00 0.00
45,145.56

0.00 0.00

0.00 0.00
575,548.64
52,215.00

0.00 52,215.00
51,379.00

0.00 0.00
103,594.00
471,954.64

0.00 0.00
52,215.00

0.00 52,215.00
100.00%
PY: PY: PY:

0.00 0.00

0.00%
45,661.00

0.00 0.00

0.00 45,661.00
314,259.00
28,922.00

0.00 343,181.00

13.31%
51,379.00

0.00 0.00

0.00 51,379.00
314,259.00
45,145.56

0.00 359,404.56

14.30%
Exhibit B 1 of 6
64 PR26 - CDBG Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:

TIME:

PAGE: 2
17:25
09-11-24
Program Year 2023

SAN CLEMENTE , CA
LINE 17 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 17 No data returned for this view. This might be because the applied filter excludes all data.

LINE 18 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 18 No data returned for this view. This might be because the applied filter excludes all data.

LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
Total
10 10
10 2
2 2
2 7
7 7
7 4
5 5
5 6
6 6
3 3
3 3
185
185
185
177
177
177
177
182
182
182
182
178
180
180
180
181
181
181
179
179
179
179
6885380
6895297
6930465
6848180
6885380
6895297
6930465
6848180
6885380
6895297
6930465
6848180
6848180
6895297
6930465
6885380
6895297
6930465
6848180
6885380
6895297
6930465
Max Berg Park Improvements (Phase 1)
Max Berg Park Improvements (Phase 1)
Max Berg Park Improvements (Phase 1)
Age Well Senior Services
Age Well Senior Services
Age Well Senior Services
Age Well Senior Services
Vocational Visions
Vocational Visions
Vocational Visions
Vocational Visions
Boys and Girls Club of the South Coast Area
Fun On The Run
Fun On The Run
Fun On The Run
Parentis Health Foundation
Parentis Health Foundation
Parentis Health Foundation
Camino Health Center
Camino Health Center
Camino Health Center
Camino Health Center
03F
03F
03F
03F
05A
05A
05A
05A
05A
05B
05B
05B
05B
05B
05D
05D
05D
05D
05D
05D
05D
05D
05M
05M
05M
05M
05M
LMA
LMA
LMA
Matrix Code
LMC
LMC
LMC
LMC
Matrix Code
LMC
LMC
LMC
LMC
Matrix Code
LMC
LMC
LMC
LMC
LMC
LMC
LMC
Matrix Code
LMC
LMC
LMC
LMC
Matrix Code
$5,210.00
$824.00
$520.00
$6,554.00
$1,250.00
$1,250.00
$1,250.00
$1,250.00
$5,000.00
$640.00
$200.00
$1,271.00
$1,420.00
$3,531.00
$10,815.00
$2,673.00
$7,156.00
$171.00
$2,730.00
$2,380.00
$390.00
$26,315.00
$2,704.00
$2,704.00
$2,704.00
$2,703.00
$10,815.00
$52,215.00
LINE 27 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 27 Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number
Activity to
prevent,
prepare for,
and respond
to
Coronavirus
Activity Name Grant Number Fund
Type
Matrix
Code
National
Objective
Drawn Amount
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2023
2 2
2 2
7 7
7 7
4 5
5 177
177
177
177
182
182
182
182
178
180
180
6848180
6885380
6895297
6930465
6848180
6885380
6895297
6930465
6848180
6848180
6895297
No
No
No
No
No
No
No
No
No
No
No
Age Well Senior Services
Age Well Senior Services
Age Well Senior Services
Age Well Senior Services
Vocational Visions
Vocational Visions
Vocational Visions
Vocational Visions
Boys and Girls Club of the South Coast Area
Fun On The Run
Fun On The Run
B23MC060599
B23MC060599
B23MC060599
B23MC060599
B23MC060599
B23MC060599
B23MC060599
B23MC060599
B23MC060599
B23MC060599
B23MC060599
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
05A
05A
05A
05A
05A
05B
05B
05B
05B
05B
05D
05D
05D
LMC
LMC
LMC
LMC
Matrix Code
LMC
LMC
LMC
LMC
Matrix Code
LMC
LMC
LMC
$1,250.00
$1,250.00
$1,250.00
$1,250.00
$5,000.00
$640.00
$200.00
$1,271.00
$1,420.00
$3,531.00
$10,815.00
$2,673.00
$7,156.00 Exhibit B 2 of 6
65 PR26 - CDBG Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:

TIME:

PAGE: 3
17:25
09-11-24
Program Year 2023

SAN CLEMENTE , CA
Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number
Activity to
prevent,
prepare for,
and respond
to
Coronavirus
Activity Name Grant Number Fund
Type
Matrix
Code
National
Objective
Drawn Amount
2023
2023
2023
2023
2023
2023
2023
2023
Total
5 6
6 6
3 3
3 3
180
181
181
181
179
179
179
179
6930465
6885380
6895297
6930465
6848180
6885380
6895297
6930465
No
No
No
No
No
No
No
No
No
Fun On The Run
Parentis Health Foundation
Parentis Health Foundation
Parentis Health Foundation
Camino Health Center
Camino Health Center
Camino Health Center
Camino Health Center
Activity to prevent, prepare for, and respond to Coronavirus B23MC060599
B23MC060599
B23MC060599
B23MC060599
B23MC060599
B23MC060599
B23MC060599
B23MC060599
EN
EN
EN
EN
EN
EN
EN
EN
05D
05D
05D
05D
05D
05M
05M
05M
05M
05M
LMC
LMC
LMC
LMC
Matrix Code
LMC
LMC
LMC
LMC
Matrix Code
$171.00
$2,730.00
$2,380.00
$390.00
$26,315.00
$2,704.00
$2,704.00
$2,704.00
$2,703.00
$10,815.00
$45,661.00
$45,661.00
LINE 37 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 37 Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
2023
2023
2023
2023
2023
2023
2023
2023
2023
Total
9 9
9 9
9 8
8 8
8 184
184
184
184
184
183
183
183
183
6848180
6885380
6895297
6930465
6939773
6848180
6885380
6895297
6930465
CDBG Program Administration
CDBG Program Administration
CDBG Program Administration
CDBG Program Administration
CDBG Program Administration
Fair Housing Foundation
Fair Housing Foundation
Fair Housing Foundation
Fair Housing Foundation
21A
21A
21A
21A
21A
21A
21D
21D
21D
21D
21D
Matrix Code
Matrix Code
$9,238.00
$9,475.00
$11,670.00
$5,773.00
$10,223.00
$46,379.00
$1,428.00
$1,269.00
$1,204.00
$1,099.00
$5,000.00
$51,379.00
Exhibit B 3 of 6
66 PR26 - CDBG-CV Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:

TIME:

PAGE: 1
19:54
08-24-24

SAN CLEMENTE , CA
Metrics
New Grantee (CV)
PART I: SUMMARY OF CDBG-CV RESOURCES
01 CDBG-CV GRANT
02 FUNDS RETURNED TO THE LINE-OF-CREDIT
03 FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT
04 TOTAL CDBG-CV FUNDS AWARDED
PART II: SUMMARY OF CDBG-CV EXPENDITURES
05 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 06 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
07 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS
08 TOTAL EXPENDITURES (SUM, LINES 05 - 07)
09 UNEXPENDED BALANCE (LINE 04 - LINE8 )
PART III: LOWMOD BENEFIT FOR THE CDBG-CV GRANT
10 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS
11 EXPENDED FOR LOW/MOD MULTI-UNIT HOUSING
12 DISBURSED FOR OTHER LOW/MOD ACTIVITIES
13 TOTAL LOW/MOD CREDIT (SUM, LINES 10 - 12)
14 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 05)
15 PERCENT LOW/MOD CREDIT (LINE 13/LINE 14)
PART IV: PUBLIC SERVICE (PS) CALCULATIONS
16 DISBURSED IN IDIS FOR PUBLIC SERVICES
17 CDBG-CV GRANT
18 PERCENT OF FUNDS DISBURSED FOR PS ACTIVITIES (LINE 16/LINE 17) PART V: PLANNING AND ADMINISTRATION (PA) CAP
19 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
20 CDBG-CV GRANT
21 PERCENT OF FUNDS DISBURSED FOR PA ACTIVITIES (LINE 19/LINE 20)

SAN CLEMENTE , C
654,596.00

0.00 0.00
654,596.00
628,871.00
25,725.00

0.00 654,596.00

0.00 0.00

0.00 628,871.00
628,871.00
628,871.00
100.00%
335,871.00
654,596.00

51.31%
25,725.00
654,596.00

3.93%
Exhibit B 4 of 6
67 PR26 - CDBG-CV Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:

TIME:

PAGE: 2
19:54
08-24-24

SAN CLEMENTE , CA
LINE 10 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 10 No data returned for this view. This might be because the applied filter excludes all data.

LINE 11 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 11 No data returned for this view. This might be because the applied filter excludes all data.

LINE 12 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 12 Plan Year IDIS Project IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
2020
Total
8 9
11 151
152
153
154
157
156
6447667
6480669
6535737
6480669
6535737
6447667
6480669
6480669
6535737
6626742
6535737
6594230
6626742
6667282
6715038
6796456
6535737
CV-Age Well Senior Services
CV-Age Well Senior Services
CV-Age Well Senior Services
CV-Camino Health Center
CV-Camino Health Center
CV-City Net
CV-City Net
CV-Family Assistance Ministries
CV-Family Assistance Ministries
CV-Family Assistance Ministries
CV-Homelessness Mobile Street Outreach Services
CV-Homelessness Mobile Street Outreach Services
CV-Homelessness Mobile Street Outreach Services
CV-Homelessness Mobile Street Outreach Services
CV-Homelessness Mobile Street Outreach Services
CV-Homelessness Mobile Street Outreach Services
CDBG-CV - Small Business Grants
05A
05A
05A
05M
05M
03T
03T
05W
05W
05W
03T
03T
03T
03T
03T
03T
18A
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMJ
$10,000.00
$10,000.00
$20,000.00
$15,003.00
$18,535.00
$46,478.00
$20,178.00
$16,510.00
$5,245.00
$18,245.00
$7,093.00
$47,695.00
$19,501.00
$17,830.00
$32,548.00
$31,010.00
$293,000.00
$628,871.00
LINE 16 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 16 Plan Year IDIS Project IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
2020 8
9 151
152
153
154
157
6447667
6480669
6535737
6480669
6535737
6447667
6480669
6480669
6535737
6626742
6535737
6594230
6626742
6667282
CV-Age Well Senior Services
CV-Age Well Senior Services
CV-Age Well Senior Services
CV-Camino Health Center
CV-Camino Health Center
CV-City Net
CV-City Net
CV-Family Assistance Ministries
CV-Family Assistance Ministries
CV-Family Assistance Ministries
CV-Homelessness Mobile Street Outreach Services
CV-Homelessness Mobile Street Outreach Services
CV-Homelessness Mobile Street Outreach Services
CV-Homelessness Mobile Street Outreach Services
05A
05A
05A
05M
05M
03T
03T
05W
05W
05W
03T
03T
03T
03T
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
$10,000.00
$10,000.00
$20,000.00
$15,003.00
$18,535.00
$46,478.00
$20,178.00
$16,510.00
$5,245.00
$18,245.00
$7,093.00
$47,695.00
$19,501.00
$17,830.00 Exhibit B 5 of 6
68 PR26 - CDBG-CV Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:

TIME:

PAGE: 3
19:54
08-24-24

SAN CLEMENTE , CA
Plan Year IDIS Project IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
2020
Total
9 157 6715038
6796456
CV-Homelessness Mobile Street Outreach Services
CV-Homelessness Mobile Street Outreach Services
03T
03T
LMC
LMC
$32,548.00
$31,010.00
$335,871.00
LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 Plan Year IDIS Project IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
2020
Total
10 155 6480669
6535737
6594230
6626742
6667282
CDBG-CV Administration
CDBG-CV Administration
CDBG-CV Administration
CDBG-CV Administration
CDBG-CV Administration
21A
21A
21A
21A
21A
$16,084.00
$7,136.00
$813.00
$1,140.00
$552.00
$25,725.00
Exhibit B 6 of 6
69 CDBG-ELIGIBLE CENSUS TRACTS BLOCK GROUPS 2022
CITY
CENSUS
TRACT
BLOCK
GROUP

LOW/MOD

RESIDENTS

LOW/MOD

UNIVERS

PERCENT

LOW/MOD
San Clemente 042108 2 505 645 78.29%
San Clemente 042108 5 905 1,165 77.68%
San Clemente 042107 2 1,970 2,570 76.65%
San Clemente 042107 1 1,120 1,560 71.79%
San Clemente 042109 1 1,240 1,905 65.09%
San Clemente 042111 2 720 1,130 63.72%
San Clemente 042103 4 1,005 1,610 62.42%
San Clemente 042108 4 945 1,520 62.17%
San Clemente 042113 3 655 1,085 60.37%
San Clemente 042108 3 615 1,120 54.91%
San Clemente 042109 3 450 835 53.89%
Exhibit C 1 of 1 70
City of San Clemente Analysis of Impediments to Fair Housing Summary 1 of 2
Exhibit D
PROPOSED AI GOALS AND STRATEGIES FY 2023-2024 ACCOMPLISHMENTS 1) In collaboration with the OCHA:
a) Attend quarterly Orange County Housing Authority (OCHA) Housing Advisory Committee to enhance the exchange of information regarding the availability, procedures, and policies related to the Housing Assistance Voucher program and regional housing issues. b) Support OCHA's affirmative fair marketing plan and deconcentration policies by providing five-year and annual PHA plan certifications.
c) In coordination with OCHA and fair housing services provider, conduct landlord education campaign to educate property owners about State law prohibiting discrimination based on household income. a) City staff will attend online meetings. b) The City provided the PHA Plan certifications to OCHA staff upon request. c) California law expanded "source of income" protections to individuals who use housing rent assistance (e.g., Housing Choice Voucher) effective January 2020. The Fair Housing Foundation (FHF) is prepared to receive and address these types of complaints. FHF received 0 allegations from San Clemente residents during the FY 23-24 reporting period related to the source of income. 2) Through the City's fair housing contractor:
a) Provide fair housing education and information to apartment managers and homeowner associations on why denial of reasonable modifications/accommodations is unlawful. b) Conduct multi-faceted fair housing outreach to tenants, landlords, property owners, realtors, and property management companies. Methods of outreach may include workshops, informational booths, presentations to community groups, and distribution of multi-lingual fair housing literature. c) Provide general fair housing counseling and referral services to address tenant-landlord issues, investigate allegations of fair housing discrimination, and take appropriate actions to conciliate cases or refer to appropriate authorities. d) Include testing/audits within the scope of work with fair housing provider.
a) The FHF received 0 inquiry regarding reasonable accommodation from a San Clemente resident during the reporting period.
b) The FHF held or participated in 4 fair housing presentations and community meetings. It also conducted 1 Fair Housing workshop. All activities were available to San Clemente residents, landlords, and property managers. Additionally, the FHF distributed over 2,300 pieces of fair housing literature throughout San Clemente during the reporting period. c) The FHF assisted 58 unduplicated San Clemente households by addressing various housing issues, disputes, and inquiries. The primary issues addressed during the reporting period included habitability, notices, and rent increases. Most cases were resolved through education and counseling. During the reporting period, the FHF received 9 allegations of fair housing law violations from San Clemente residents – 6 allegations were related to physical disability, 1 pertaining to familial status, 1 regarding gender, and 1 related to sexual orientation. All allegations were resolved through counseling. 71 City of San Clemente Analysis of Impediments to Fair Housing Summary 2 of 2
Exhibit D
PROPOSED AI GOALS AND STRATEGIES FY 2023-2024 ACCOMPLISHMENTS e) Regularly consult with the City's fair housing contractor on potential strategies for affirmatively furthering fair housing on an ongoing basis. d) FHF conducts its audits based on the most common protected classes. During FY 23-24, audits focused on national origin and limited English proficiency discrimination – no audits were conducted in San Clemente. e) On an annual basis, City staff discuss fair housing programming strategies regarding education and enforcement activity with the FHF.
3) Support local eviction prevention strategies to reduce the number of homeless individuals and families (homelessness prevention services). ƒ The City did not use CDBG funds to support services to prevent the loss of housing during FY 23-24.
4) Prepare a new Housing Element that is compliant with all current State laws and is certified by the California Department of Housing and Community Development (HCD). ƒ The City Council adopted the Housing Element on September 20, 2022, and HCD certified it on October 12, 2022.
5) Update zoning ordinance to comply with current State law. ƒ The City revised its Accessory Dwelling Unit (ADU) code to comply with current State law in FY 21-22.
6) Offer a variety of housing opportunities to enhance mobility among residents of all races and ethnicities by facilitating affordable housing throughout the community through 1) flexible development standards; 2) density bonuses; and 3) other zoning tools ƒ The City provides affordable housing project incentives for income-eligible households.

The City reviews projects according to density bonus regulations, implements the Affordable Housing Overlay Zone that allows affordable housing projects in nonresidential zones and sites in the Housing Element inventory, implements the Inclusionary Housing Program, and explores HCD's website to identify a funding source for affordable housing, and meets annually with housing organizations. ƒ In FY 22-23, the City approved the development of 250 units, including 20 units for very low-income residents. The project benefitted from a density bonus. No new activity to report during FY 23-24. 7) Review the type and effectiveness of current affordable housing development incentives and amend/augment as may be necessary to increase the production of affordable housing units. ƒ The City completed the evaluation and update of its Inclusionary Housing Program, establishing a new streamlined methodology to determine inclusionary in-lieu fees and preferences for the in-lieu fees and allocation during FY 20-21. No new activity to report during FY 23-24. ƒ The City updated the Housing Element and implementation programs for the 2021- 2029 cycle that include ongoing evaluation of incentives that may increase the production of affordable during FY 21-22. No new activity to report during FY 23-24. 72

Exhibit E
Publish: 8/29/2024

NOTICE OF PUBLIC COMMENT PERIOD AND PUBLIC MEETING

NOTICE IS HEREBY GIVEN THAT A PUBLIC MEETING WILL BE HELD BY THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA ON THE PROPOSED SUBMISSION OF THE 2023-2024 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT AND COMMENCEMENT OF THE FIFTEEN (15) DAY COMMENT PERIOD 8/30/2024 – 9/13/2024
Community Development Block Grant – the Consolidated Annual Performance Report for 2023-2024 NOTICE IS HEREBY GIVEN that the City of San Clemente City Council will hold a public meeting and a public comment period regarding the 2023-2024 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG).

The City of San Clemente is a recipient of Community Development Block Grant (CDBG) funds, awarded to the City by the U. S. Department of Housing and Urban Development (HUD). In order to receive CDBG funds, the City is required to prepare a multi-year strategic plan known as the Consolidated Plan. At the beginning of each year, the City also prepares a one-year expenditure plan outlining the planned use of CDBG funds. At the conclusion of the fiscal year, the City must prepare a year-end performance report known as the Consolidated Annual Performance and Evaluation Report (CAPER). The 2023-2024 CAPER covers the period of July 1, 2023, through June 30, 2024, and provides a summary of activities undertaken with CDBG funds during the reporting period.

Notice is hereby given that an initial environmental assessment for the above item was processed and completed in accordance with the California Environmental Quality Act (CEQA). Staff determined that the above item is not a project pursuant to State CEQA Guidelines, section 15378 (b) (2) and (4). 15-Day Public Comment Period
In compliance with program regulations, the draft CAPER must be available for a 15-day public review and comment period. Accordingly, the 15-day public comment period will begin August 30, 2024, and will end at noon, September 13, 2024. The draft report will be available for public inspection during regular business hours at City Hall, located at 910 Calle Negocio, and the City’s website at https://www.sanclemente.org/departments-services/housing-and-social-services. Written comments should be directed to Andy Flores, Management Analyst, at [email protected] or (949) 361-6165 on or before noon on September 13, 2023.
2023-24 CAPER Public Meeting
A public meeting is scheduled before the City Council of the City of San Clemente on September 17, 2024, at 6:00 p.m., regarding the 2023-2024 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG). If you challenge this item in court, you may be limited to raising only those issues you or someone else raised at the public meeting described in this notice, or in written correspondence delivered to the City of San Clemente at, or prior to, the public meeting.
73

Exhibit E
To allow staff adequate time to confirm software compatibility, individuals wishing to utilize electronic visual aids to supplement their oral presentations at the meeting, must submit the electronic files to the City Clerk by no later than 12:00 p.m. on the day of the meeting. Only compatible electronic formats will be permitted to be used on City audio/visual computer equipment. Staff makes no guarantee that such material will be compatible but will use its best efforts to accommodate the request.

NOTICE IS FURTHER GIVEN that in addition to the comment period, interested parties will be afforded an opportunity to provide comments on the 2023-2024 CAPER at the City of San Clemente City Council meeting on September 17, 2024, at 6:00 p.m. in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente, CA. All interested persons are invited to attend said meeting, or to submit written communication, to express their opinion for or against the 2023-2024 CAPER.

Laura Campagnolo
City Clerk
74

Exhibit E

SUMMARY OF PUBLIC COMMENTS
15-DAY COMMENT PERIOD
TBD
SEPTEMBER 17, 2024, CITY COUNCIL MEETING
TBD
75 910 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: September 17, 2024 Agenda Item: 9A.

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

CONSIDERATION OF A RESOLUTION TO INCREASE THE AMOUNT OF SAND BEING

PLACED ON NORTH BEACH DUE TO COST SAVINGS WITHIN THE NORTH BEACH EMERGENCY SAND PLACEMENT PROJECT, CIP PROJECT NUMBER 14901, AND

REALLOCATING THESE SAVINGS TO INCREASE THE CONSTRUCTION CONTINGENCY FROM ..body10% TO 19%
Fiscal Impact:

Staff is requesting to increase the project contingency to utilize project cost savings to complete additional sand delivery. The estimated total project cost at this time for delivery of 30,000 cubic yards of sand is $1,750,000 and is significantly under the approved project budget of $2,036,000.

Summary:

The City is currently actively engaged in the sand replenishment of North Beach under a construction contract with GCI Construction, Inc. This contract provides for 30,000 cubic yards of sand delivery, and placement and grading of the newly delivered sand and is coming in significantly under budget. The City has a current allocation of 50,000 cubic yards of sand from the County of Orange, although the County recently informed staff that there is an estimated additional 7,000 cubic yards of sand available at this time. Staff is suggesting that project savings could be utilized to amend the contract to deliver more sand.

In order to increase the amount of sand for the project, within that which the City has been allocated from the County of Orange, an increase in the project’s contingency from 10% to 19% is proposed.

By increasing the contingency, per the City’s Procurement Policy and Procedures (Section 7.65 (a)), department level staff can approve change orders up to the authorized contingency as long as it is under 19 percent of the contract price. With this increase in contingency and an approved change order, an additional 7,000 cubic yards can be delivered within the current project budget.

Project savings have been realized by utilizing City staff for Construction Administration and Management in lieu of consultants. Additional savings within the existing contract were found due to the speed at which the project has progressed, reducing the costs associated with railway flagging and coordination. The estimated savings for these two items is approximately $155,000. By increasing the construction contingency from $172,600 (10%) to $327,940 (19%), City staff can issue a change order to increase the amount of sand delivered by approximately 7,000 cubic yards. 76 Meeting Date: September 17, 2024 Agenda Item: 9A.

CITY OF SAN CLEMENTE 2
Background:

In May 2024, the City Council authorized restarting the Sand Compatibility and Opportunistic Use Program (SCOUP) in the City under Resolution No. 24-93. Previously, from 2000-2016, the City had a SCOUP that allowed the placement of up to 300,000 cubic yards per year of sand, on four beaches in the City, with permits valid for a period of five-years.

The City of San Clemente was experiencing critical erosion hot spots that had developed along the San Clemente shoreline at North Beach due to lack of sand supply and prevailing sediment deficit condition that exists in South Orange County. As a result of the current effort, the public facilities located at North Beach now have improved protection from any erosion due to the ocean’s waves, which has been achieved by the new placement of sand.

On June 18, 2024, the City Council approved awarding a construction contract to GCI Construction, Inc. in the amount of not to exceed $1,726,000 for the delivery and placement of 30,000 cubic yards of sand. The estimated project cost summary table previously approved by the City Council is shown below.

Item Item Cost
Construction Administration and
Management
$138,080
Construction $1,726,000
Contingency (10%) $172,600
Total Budgeted Amount $2,036,680
Over the duration of the project, staff has managed to realize cost savings in the Construction Administration and Management area as well as railroad fees since the project is ahead of schedule. By re-itemizing these savings, it is possible to increase the project contingency and thereby expend the saved funds to deliver and place an additional 7,000 cubic yards of sand through this existing contract. Approval of a contingency increase will allow staff to authorize a change order for a project total 37,000 cubic yards of sand as part of the current contract.

If the City Council approves reallocating the cost saving, the estimated project cost summary table will be changed as shown below.
77 Meeting Date: September 17, 2024 Agenda Item: 9A.

CITY OF SAN CLEMENTE 3
Item Original
Budget
New
Budget
Construction Administration and Management $138,080 $24,080 Original Construction Contract $1,726,000 $1,684,660
Contingency (from 10% to 19% of original contract amt) $172,600 $327,940 Total Budgeted Amount $2,036,680 $2,036,680
Council Options:
 Adopt Resolution No. 24-142 (Attachment 1), which will amend the funding amounts within the current North Beach Emergency Sand Placement Project to increase the construction contingency amount from 10% to 19% to allow for an additional 7,000 cubic yards of sand delivery and placement.
 Modify and adopt Resolution No. 24-142.
 Continue the item and direct staff to provide additional information.  Do not modify the funding amounts of the current North Beach Emergency Sand Placement Project.

Environmental Review/Analysis:

This project was previously deemed an emergency project and found statutorily exempt per California Environmental Quality Act Guidelines Section 15269.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 24-142, which will utilize project savings to reallocate budgeted costs North Beach Emergency Sand Placement Project, CIP Project Number 14901 to increase the construction contingency from 10% (i.e., $172,600) to 19% (i.e., $327,940) to provide for an additional 7,000 cubic yards of sand to be delivered and placed at North Beach.
..recommendation
..end
Attachments:

1. Resolution No. 24-142

2. Staff Report dated June 18, 2024 (without attachments) Notification:

None.
78 ATTACHMENT 1
4882-9904-3949 v1
RESOLUTION NO. 24-142

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, APPROVING

FUNDING REALLOCATION WITHIN THE EXISTING

BUDGET FOR THE NORTH BEACH EMERGENCY

SAND PLACEMENT PROJECT, CIP PROJECT
NUMBER 14901 AND AN INCREASE IN THE
CONSTRUCTION CONTINGENCY FROM 10% TO 19%
WHEREAS, the City was experiencing critical erosion hot spots along the shoreline at North Beach due to lack of sand supply and deficient prevailing sedimentation; and
WHEREAS, due to the potential for further impacts in the absence of natural beach sand replenishment from creeks and stream channels, the City was unable to open the beach facilities at this location as they are currently being undermined by direct wave impacts; and
WHEREAS, the City is actively developing a comprehensive, citywide coastal resiliency strategy using beach sand replenishment and sand retention as the primary means of restoring the sandy beach in the City; and WHEREAS, in February 2024, the City Council directed staff to take all steps necessary to re-establish a Sand Compatibility and Opportunistic Use Program (SCOUP) in the City, a contractor was retained by the City in May 2024 to assist with formally re-establishing SCOUP; and
WHEREAS, SCOUP is consistent with Federal, Statewide, regional, and local shoreline management goals which recognize the importance of public beach restoration along the South Orange County shoreline as the preferred method of addressing the critical coastal erosion problems caused by an overall lack of sediment supply; and
WHEREAS, in the absence of a SCOUP program, continued erosion and loss of the sandy beach is expected to occur; and
WHEREAS, the City is currently engaged in the replenishment of approximately 1,500 feet of coastline at “North Beach” with 30,000 cubic yards of sand under a construction contract with GCI Construction, Inc. for the North Beach Emergency Sand Placement Project, CIP Project Number 14901; and WHEREAS, City staff has realized cost savings in multiple aspects of the project’s effort, which has freed up funds within the project budget and allows for the increase of construction contingency from 10% to 19% of the construction 79 Resolution No. 23-142 Page 2
4882-9904-3949 v1
costs within the current budget allocation; and
WHEREAS, by increasing the construction contingency amount, sand can more cost-effectively be delivered and spread for the replenishment of North Beach; and
WHEREAS, this increase in contingency will provide for the delivery and placement of an additional 7,000 cubic yards of sand to the original 30,000 cubic yards being placed; and
WHEREAS, the City previously determined that this project is categorically exempt from the California Environmental Quality Act (CEQA) under Emergency Projects (i.e., Emergency Projects - 18 CCR §15269), Section 15269 of the State CEQA Guidelines.

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

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

SECTION 2. That project savings shall be utilize to reallocate budgeted costs for the North Beach Emergency Sand Placement Project, CIP Project Number 14901 and an increase in the construction contingency from 10% ($172,600) to 19% ($327,940) for said project to provide for an additional 7,000 cubic yards of sand to be delivered and placed at North Beach is hereby approved.

SECTION 3. That staff is authorized and directed to execute such documents and take such actions as are necessary and proper to carry out the purposes of this resolution.

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. 80 Resolution No. 23-142 Page 3
4882-9904-3949 v1
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

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. 23-142 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
81 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: June 18, 2024 Agenda Item: 10D
Submitted By: City Manager
Prepared By: Leslea Meyerhoff, Contract Coastal Administrator Subject:
..titl e

CONSIDERATION OF A RESOLUTION FINDING THAT AN EMERGENCY EXISTS DUE TO

SAND EROSION AND IMMEDIATE NEED OF SAND PLACEMENT AT NORTH BEACH, AWARDING A CONSTRUCTION CONTRACT TO GCI CONSTRUCTION, INC. FOR THE NORTH BEACH EMERGENCY SAND PLACEMENT PROJECT, PROJECT NO. 14901, IN AN AMOUNT NOT TO EXCEED $1,726,000, APPROVING A SUPPLEMENTAL APPROPRIATION

FROM GENERAL FUND UNASSIGNED FUND BALANCE, AUTHORIZING THE CITY

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

The estimated total construction cost of the North Beach Emergency Sand Placement Project is $2,036,680. This expenditure will be funded through transfer of funds from existing projects as shown below, and a supplemental appropriation in the amount of $536,680 from the General Fund Unassigned Fund Balance. The following transfers are recommended to Account No. 001- 636-45300-000-14901 as follows:

Transfer From Project Name Amount ($)
001-636-45300-000-19907 Army Corps Sand Project $750,000 001-636-45300-000-14809 North Beach Concession Building $300,000 001-636-45300-000-14193 North Beach Playground $150,000 001-416-45710-000-22307 Avenida Victoria Sidewalk Widening $300,000 Total: $1,500,000
Summary:

The City is seeking qualified companies who can deliver 30,000 cubic yards of sand from the Santa Ana River to the City’s beaches and spread it out along a 1,500 foot length of beach from North Beach south towards Mariposa Point. To support this emergency project, on June 6, 2024, the City initially contacted and solicited bids from four companies for (1) trucking sand from the Santa Ana River stockpile site managed by OC Public Works in Costa Mesa to North Beach in San Clemente, and (2) spreading the sand on the beach once delivered. Prior to receiving any bids from these four contractors, the invitation to receiving bids was also extended and published on the PlanetBids.

Before the City Council is a resolution (Attachment 1) declaring that an emergency exists due to sand erosion and immediate need of sand placement on North Beach, awarding a construction contract to GCI Construction, Inc. in the amount of $1,726,000, and approving a 10% project contingency.
1 Attachment 2
82 Meeting Date: June 18, 2024 Agenda Item: 10D

CITY OF SAN CLEMENTE
Background:

In May 2024, the City Council authorized restarting the Sand Compatibility and Opportunistic Use Program (SCOUP) in the City under Resolution No. 24-93. Previously, from 2000-2016, the City had a SCOUP which allowed the placement of up to 300,000 cubic yards per year of sand, on four beaches in the City, with permits valid for a period of five-years. However, as City permits expired, the City is now in the process of re-establishing, and potentially expanding, the SCOUP obtaining environmental clearances and all required permits.

The City will utilize a previously permitted beach sand placement area that is 1,500 feet long, as shown on Attachment 3. Importantly, the southern 530 feet of this beach sand placement area is also located within OCTA’s shoreline Reinforcement Areas 1 and 2 (Attachment 4) and thus the sand placed by the City will also be of direct benefit to the railroad that traverses the entirety of the City. The railroad that runs through the City of San Clemente is a designated U.S.

Department of Defense (DOD) Strategic Defense Rail Corridor.

The City’s original SCOUP sites were North Beach, extending south 1,500 feet, Linda Lane Beach, extending a distance of 1,500 feet, T-Street Beach North, extending from the pier 1,000 feet south and T-Street Beach South, extending a distance of 1,200 feet south.

Development of a new SCOUP for San Clemente commenced in May 2024 as follows:
 Phase 1: Initiated in May 2024. Conduct an opportunities and constraints analysis to define the areas of the City where opportunistically available beach compatible sediment can be placed. Phase 1 is anticipated to be completed by the end of 2024.  Phase 2: Conduct environmental review and compliance tasks under the California Environmental Quality Act (CEQA) and possibly the National Environmental Policy Act (NEPA). Phase 2 would be completed within one year and would be initiated following completion on Phase 1 and direction from the City likely in FY 25/26.  Phase 3: Prepare applications and process regulatory approvals with U.S. Army Corps of Engineers (Regulatory Branch); California Coastal Commission; Regional Water Quality Control Board, California State Lands Commission, and the Southern California Regional Rail Authority. Phase 3 could be initiated and completed concurrently with Phase 2.

Preparation of permit applications and submittal to the applicable agencies would take a few months. Agency processing time is highly variable but typically ranges from nine to 12 months depending on the agency and agency staff workload.  Phase 4: SCOUP project implementation. Due to the current availability of free sand from the County of Orange and California State Parks, City staff is developing two SCOUP projects as follows: 30,000 cubic yards from the Santa Ana River in Summer 2024 and up to 45,000 cubic yards of sand from Huntington State Beach in Fall 2024. Both of these are interim projects that are being advanced through individual permit processes with the Coastal Commission, USACE, Southern California Regional Rail Authority and OC Public Works due to the availability of the beach quality sand being donated to the City by the County and State of California.
832
Meeting Date: June 18, 2024 Agenda Item: 10D

CITY OF SAN CLEMENTE
On June 17, 2024, bids were opened and results are presented in the table below. Bids ranged from $1,726,000 to $3,130,000. The lowest responsive and responsible bidder, based on the Base Bid, is $1,576,000, of GCI Construction, Inc., of California with a total bid amount of $1,726,000. Based on the lowest bid, including the Alternate Bid Item, the total estimated project construction cost is $2,036,680, as summarized below:

Construction Administration and Management $ 138,080
Construction 1,726,000
Contingency 172,600
Total Estimated Construction Cost $ 2,036,680
The above construction cost, as part of the contractor’s contract, includes $150,000 allowance for the required railroad flagging and coordination with the Southern California Regional Rail Authority (SCRRA), and a bid alternate in the amount of $150,000 for potential shoring and protection of the existing Orange County bridge over the Segunda Deshecha Canada Channel (OCFCD Facility No. M02). A structural analysis and permit are required from the Orange County Public Works prior to utilizing the bridge to deliver sand.

As required by the City policy and state law, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 2). Project plans and specifications are on file in the City Clerk’s office.

Discussion:

The City of San Clemente is experiencing critical erosion hot spots that have developed along the San Clemente shoreline at North Beach due to lack of sand supply and prevailing sediment deficit condition that exists in South Orange County. Due to the potential for further impacts in the absence of natural beach sand replenishment from creeks and stream channels, the City is unable to open the beach facilities in this location as they are currently being undermined by direct wave attack. It's unclear how long these facilities will be able to withstand direct wave attack from lack of sand on the public beach.

According to the City’s Chief of Marine Safety, emergency response to beach incidents is now significantly impacted due at North Beach due to the critical coastal erosion caused by a lack of sand. At present, emergency response vehicles cannot access North Beach at high tide. A secondary route used to exist via the Coastal Trail but that is now temporarily closed due to a landslide which forced removal of bridge sand/segments that provided public coastal access as well as an emergency response path to North Beach at high tide.

The loss of sand at North Beach now prevents emergency vehicles from accessing the North Beach area in case of emergencies. The lack of access poses a serious risk to the safety and well-being of residents and highlights the urgent need for this solution to address this ongoing issue which is sand replenishment as planned by the City.

In the week of May 13, 2024, the cement staircase leading to the North Beach substation was lost due to ongoing sand erosion. This loss is just one example of the impact of the disappearing sand on City beaches. In response to this issue, one of the lifeguard towers at North Beach had to be relocated. Additionally, the beach staircases at Diji Court and El Portal to the south have been 843
Meeting Date: June 18, 2024 Agenda Item: 10D

CITY OF SAN CLEMENTE
deemed unsafe for public use due to the lack of sand. The erosion has also caused some fire rings to be swept away, while others have been removed entirely to prevent them from being washed away. The City used to have two sand volleyball courts at North Beach that have been removed due to sand loss.

Currently, the playground swing sets, concrete picnic tables, and the remaining City lifeguard tower are at risk of being lost as well unless the City can conduct an emergency sand placement operation using sand donated by the County of Orange and California State Parks. It is crucial that the City be able to address this issue in a timely manner to ensure the safety and preservation of City beaches and public recreational amenities enjoyed by residents and visitors.

The City is closely monitoring the situation and continues to inspect the damage and protect existing critical public infrastructures, facilities, and recreational beach amenities at North Beach.

The City has attempted to manually push sand into the area in front of North Beach facilities to protect them from further undermining and wave attack but supplemental sand sources are now needed at North Beach.

Beach erosion has already closed the coastal trail just south of this location and emergency action is needed to protect this public beach area which sits immediately seaward of the OCTA/Metrolink Train Station, train tracks and related public parking lot.

Beach erosion has reached critical mass where an emergency response in the form of affirmative beach sand replenishment is planned by the City. Implementation of this emergency sand placement project will protect critical public infrastructure, existing structures, improve / restore coastal access and recreational opportunities, and provide protection for the railroad infrastructure inland of North Beach.

Based on emergency conditions that exist along the City shoreline where there is no dry sandy beach at high tide, exposing the public beach, existing structures and critical public infrastructure and facilities to direct wave attack, City staff moved with urgency to locate and deliver sand to the City to abate the emergency conditions caused by a lack of sand supply.

On May 2, 2024, the City requested a Coastal Development Permit (CDP) Waiver (CDP 05-24- 0371) scheduled for the June 14, 2024 California Coastal Commission hearing that contemplates the placement of up to 50,000 CY of sand from the County. The placement of this material ahead of the restart of the City’s formal SCOUP program will lessen the sediment deficit and could reduce the amount of sand that may need to be imported later to fulfill the sand needs of the City.

The City is also seeking concurrence under USACE Regional General Permit (RGP) 63 for the emergency placement of sand and is also obtaining approvals from San Diego Regional Rail Authority (Metrolink) for a right of way encroachment permit for the railroad crossing and for work within the railroad right of way and lastly an encroachment permit is needed from OC Public Works to cross the stormwater outlet structure at the north end of North Beach.

SCOUP is an important coastal resiliency tool that facilitates placement of opportunistically available beach quality sediments on the City’s beaches. Having a fully developed SCOUP within the next few years will enable the City to optimize beach placement of opportunistically available 854
Meeting Date: June 18, 2024 Agenda Item: 10D

CITY OF SAN CLEMENTE
and compatible sediments by completing all environmental and permitting tasks up front, at a programmatic level rather than on a project-by-project basis (as is being done now for these emergency projects) saving the City both time and money.

Council Options:
 Adopt Resolution No. 24-93, declaring that an emergency exists due to sand erosion and immediate need of sand placement at North Beach, awarding the North Beach Emergency Sand Placement Project construction contract to GCI Construction, Inc., authorizing the City Manager to execute the construction contract in an amount of not to exceed $1,726,000 with a 10% project contingency, approving various fund transfers and finding the project categorically exempt from the California Environmental Quality Act per Guidelines Section 15269.  Modify and adopt Resolution No. 24-93.
 Provide alternative direction.

Environmental Review/Analysis:

The proposed project is an emergency project and is statutorily exempt per State California Environmental Quality Act Guidelines Section 15269.

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council adopt Resolution No. 24-93, which would:

1. Declare that an emergency exists due to sand erosion and immediate need of sand placement at North Beach;

2. Find the project categorically exempt from the California Environmental Quality Act under state CEQA Guidelines Section 15269;

3. Approve a supplemental appropriation in the amount of $536,680 to the project Account No. 001-636-45300-000-14901 from the General Fund Unassigned Fund Balance;

4. Approve transfer of funds to the project Account No. 001-636-45300-000-14901 from the following accounts:

Transfer From Project Name Amount ($)
001-636-45300-000-19907 Army Corps Sand Project $750,000 001-636-45300-000-14809 North Beach Concession Building $300,000 001-636-45300-000-14193 North Beach Playground $150,000 001-416-45710-000-22307 Avenida Victoria Sidewalk Widening $300,000 Total: $1,500,000

5. Award the North Beach Emergency Sand Placement, Project No. 14901, contract to GCI Construction, Inc.;
865
Meeting Date: June 18, 2024 Agenda Item: 10D

CITY OF SAN CLEMENTE

6. Authorize the City Manager to execute a construction contract with GCI Construction, Inc. in an amount of not to exceed $1,726,000, in a form substantially similar to attached construction contract (Attachment 2) for the North Beach Emergency Sand Placement, Project No. 14901; and

7. Approve a 10% construction contingency of $172,600 for this project. ..recommendation
..end
Attachments:

1. Resolution No. 24-93

2. Draft Construction Contract

3. Site Plan showing limits of sand placement

4. OCTA’s shoreline Reinforcement Areas 1 and 2
Notification:

All bidders.
876
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: September 17, 2024 Agenda Item: 10A.

Submitted By: City Manager
Prepared By: Leslea Meyerhoff, Coastal Administrator
Andy Hall, City Manager
Subject:
..titl e

UPDATE ON THE UNITED STATES ARMY CORPS OF ENGINEERS SHORELINE

PROTECTION PROJECT, NEXT STEPS IN THE PROCESS, AND CONSIDERATION OF

ADDITIONAL FINANCIAL COMMITMENT TO COMPLETE THE INITIAL PHASE OF THE PROJECT ..body
Fiscal Impact:

The estimated City (non-federal local share) costs are estimated to be about $2.6 million. In an effort to minimize the fiscal impact to the City, the City has requested a project credit for direct costs/expenses incurred by the City that total $106,708 which will reduce the cost to the City accordingly.

Summary:

In July 2023, the City Council approved the United States Army Corps of Engineers (USACE) Shoreline Protection Project (Project) Feasibility Study and Certified the Final Environmental Impact Statement and Environmental Impact Report (FEIS/FEIR). The Project is intended to reduce coastal storm damages to property and infrastructure along the study area shoreline for a period of 50-years; improve public safety in the study area by providing a wider sandy beach which serves as a natural wave buffer; and reduce coastal erosion and shoreline narrowing to improve public recreational opportunities for beach users within the City through 2074.

The purpose of this item is to request that the City Council consider authorizing the City Manager to send a letter to the USACE indicating its intention to complete the initial event as the local sponsor and non-federal cost-share partner. Taking this action supports the planned resumption and completion of the initial event which allows the remainder of the City’s 50-year federal beach nourishment project to continue.

Background:

Coastal erosion is a significant problem in the City and threatens the public beaches, coastal public access, existing structures, and critical public infrastructure. In July 2001, the City of San Clemente entered into a Federal Cost Share Agreement (FCSA) with the USACE for the purpose of collaborating on the Project Feasibility Study. The Project Feasibility Study was originally authorized under the Energy and Water Development Appropriations Act of 2000.

The City has been participating in Project development efforts with Federal and State agency partners for more than 20 years. The State of California, through the State Parks, Division of 88 Meeting Date: September 17, 2024 Agenda Item: 10A.

CITY OF SAN CLEMENTE 2
Boating and Waterways, has been a funding partner through the California Public Beach Restoration Act Program since the project was envisioned.

The Project was initiated in 2000 to: 1) identify problems and opportunities to reduce storm damages, improve public safety, increase recreation opportunities, and protect the environment; 2) formulate and evaluate an array of alternatives; and 3) identify the most technically feasible and economically beneficial “recommended plan” that addresses the problems while also complying with local, state, and federal laws and regulations.

The Project will nourish an estimated length of 3,412 feet of shoreline at a 50-foot width. The beach compatible sand needed for the nourishment will be taken from an offshore borrow site that will be hauled to San Clemente and placed by hopper dredge on the beach. The southern limit of the proposed beach fill is located immediately south of the T-Street overpass and the northern limit is north of the City’s Marine Safety Headquarters near Linda Lane. A taper would continue an additional 330 feet to the north and south to merge with the existing shoreline. Renourishment cycles would be performed approximately every 6 years thereafter over a 50-year project life (2024-2074). Sand placement activities would require temporary closure of small sections of the beach during sand placement activities to ensure public safety.

In December 2023, the contractor working under contract to the U.S. Army Corps of Engineers (USACE) started the initial phase of the project but was unable to complete the first phase due to encountering cobble in the borrow site located offshore of the Santa Margarita River mouth. In response, the City prepared and certified an Addendum to the EIS/EIR in March 2024 and obtained an amendment to the State Lands Lease setting the stage for a project restart in April 2024.

The project resumed in April 2024, using a second borrow site for sand placement activities.

However, due to previously scheduled contractor commitments, the contractor (Manson Construction Corporation) was only able to place sand in the City for a total of 25 days after which they moved to another planned project. The contractor was able to place 114,000 cubic yards of sand on the beach between T- Street and Linda Lane, which is less than the anticipated 200,000 cubic yards of sand. However, it should be noted that the contractor did dredge that anticipated total of 251,000 cubic yards of material for delivery on the beach in San Clemente, but due to the quality of the material and losses during the hauling process, the amount placed on the beach was less than identified by the project. The USACE plans to have the contractor return to San Clemente in late fall or winter to complete the initial phase of the federally authorized project and is preparing a Supplemental Environmental Impact Statement (SEIS) to enable project completion in San Clemente.

Because the USACE project is a congressionally authorized, 50-year project, according to federal regulations the initial event must be completed to a minimum threshold in order for the project to be eligible for the eight, future planned renourishment events every 5-6 years through the federal participation period of 2024 - 2074. If the City desires to continue participation in the USACE 50- year beach sand project, the initial event must be completed. According to the contract, the City is responsible for 35% of any cost overruns and the City is being asked to provide a letter of financial commitment to the USACE at this time to indicate its support for completing the initial event as soon as possible.
89 Meeting Date: September 17, 2024 Agenda Item: 10A.

CITY OF SAN CLEMENTE 3
Alternatively, the City and the USACE could work together to calculate and determine if the work completed on the first phase of the project satisfies the stated objectives and goals for the initial phase of the project. If it is determined that these milestones have been reached, it is possible that the first phase of the project could be deemed complete and the project could proceed to the next phase that would include the delivery of sand to San Clemente in 4-5 years.

Due to the change in borrow site, which is further from the City than the original borrow site, which was located near the south boundary of Camp Pendleton, as opposed to the new borrow site located off shore in North Orange County, project costs have increased. As of the writing of this report, the USACE had not completed the procurement process to identify exact costs associated with the completion of the project. Based on the best available estimates, the City would need to provide about $2.6 million in additional funding to reach the 35% non-federal match. However, it must be stated that this figure is directly dependent on the amount of the contract awarded to the successful bidder.

Several options for resuming the project were discussed with the USACE. During the discussions, the USACE provided two realistic courses of action:

1. City Council authorization of an estimated $2.6 million to reach the 35% non-federal match to complete the current phase of the project. In order to provide this funding, staff would recommend the City Council consider the following adjustments to the current budget:
a. A reduction in the allocation for the Public Audible Warning System (PAWS) in the amount of $1.2 million. This will leave $800,000 in the project budget for design and interim repairs.
b. $310,000 reallocation of funding set aside for a Victoria sidewalk project. c. Elimination of $350,000 for construction management services for a future Steed Park pickleball facility.
d. $750,000 in General Fund balance available from FY 23-24 in Police Contract overtime and vacancy credits.

2. Direct staff to work with the USACE to analyze the current status of the project to determine whether the goals and objectives of the initial phase have been satisfied. If it is determined that the initial phase is complete, direct staff to work closely with the USACE to prepare for future phases of the project to avoid any project challenges like those experienced in the first phase. This option would greatly reduce current expenses with only nominal costs associated with the first phase close out. However, this option would not result in any additional sand on the beach until the commencement of phase 2 of the project.

Council Options:
 Authorize the City Manager to send a letter to the USACE indicating its desire to complete the initial event as soon as possible and contribute the non-federal cost share in an estimated amount of $2.6 million.
 Direct staff to work with the USACE to analyze the current status of the project to determine whether the goals and objectives of the initial phase have been satisfied and if so, to proceed with close out activities for the initial phase of the project.  Provide alternative direction.
90 Meeting Date: September 17, 2024 Agenda Item: 10A.

CITY OF SAN CLEMENTE 4
Environmental Review/Analysis:

This Project is subject to both the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). The USACE is the Lead Agency for NEPA and the City of San Clemente is the CEQA Lead Agency for the Project.

In July 2023, the City Council approved the USACE Shoreline Protection Project (Project) Feasibility Study and Certified the Final Environmental Impact Statement and Environmental Impact Report (FEIS/FEIR). The City Council also adopted a Mitigation Monitoring and Reporting Program (MMRP) and adopted the Findings of Fact and Statement of Overriding Considerations.

A Notice of Determination (NOD) was filed and Project construction was initiated In November 2023. An Addendum to the EIS/EIR was prepared in March 2024 and an NOD was filed in April 2024.

As discussed in the Addendum to the FEIS/FEIR as well as the FEIS/FEIR, the SEA/FONSI, the MMRP, and the Findings of Fact and Statement of Overriding Considerations, all potentially significant impacts of the Project can be avoided or reduced to a level below significance by the implementation of mitigation measures and/or conditions of approval as required by the regulatory agencies including the CCC, RWQCB, NOAA/NMFS and USFWS in their project respective conditions of approval with the exception of potentially significant and unavoidable impacts to surfgrass located on rocky vegetated reefs offshore of the City. Potentially cumulatively considerable impacts of the project may occur to short term air quality and recreation impacts.

All mitigation measures, project design features and best management practices (BMP’s) as set forth in the Mitigation Monitoring and Reporting Program (MMRP) and adopted by the City Council in July 2023 under Resolution 23-74 are unchanged and will continue to apply to and be implemented, as appropriate. No additional environmental analysis under CEQA is necessary.

A Public notice of intent to prepare a focused Supplemental Environmental Impact Assessment (SEIS) was published by the USACE on July 2, 2024 to evaluate potential effects on air quality and green sea turtles. The SEIS will be posted to the USACE LA District website when complete.

No additional CEQA documentation is required.

Copies of the 2024 Addendum to the FEIS/FEIR, the Final Feasibility Study, the FEIS/FEIR, the MMRP, the Findings of Fact and Statement of Overriding Considerations and other documents and materials that constitute the administrative record of proceedings upon which staff is recommending this decision be based have been available for public review from the custodian of these records, the Department of Public Works at City Hall.

Recommended Actions:

Staff Recommendation ..recommendation
Authorize the City Manager to send a letter to the United States Army Corps of Engineers (USACE) indicating its desire to complete the initial event as soon as possible and contribute the non-federal cost share in an estimated amount of $2.6 million. ..end
91 Meeting Date: September 17, 2024 Agenda Item: 10A.

CITY OF SAN CLEMENTE 5
Attachment:

None.

Notification:

None.
92 910 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: September 17, 2024 Agenda Item: 10B.

Submitted By: City Clerk
Prepared By: Laura Campagnolo, City Clerk
Subject:
..titl e

CONFLICT OF INTEREST CODE UPDATE AND INTRODUCTION (FIRST READING) OF AN ORDINANCE RELATED TO FUTURE UPDATES ..body
Fiscal Impact:

None.

Summary:

The actions before the City Council are necessary to comply with requirements under the Political Reform Act of 1974, Government Code Sections 81000 et seq. (the “Act”) to update the City’s conflict of interest code biannually.

Background:

State law (Government Code Section 87200) requires that certain City officers (i.e., the City Council, Planning Commission, City Manager, City Attorney and City Treasurer) file statements of economic interests (Form 700) with the City Clerk at specified intervals. In addition, the Act mandates that local agencies adopt a conflict of interest code that designates Commission/Committee members and City employees who are also required to file Form 700s because they could foreseeably make or participate in making governmental decisions that could affect their private financial interests. The Act requires that conflict of interest codes establish disclosure categories for each designated position that tailors the disclosure requirements to the types of governmental decisions a person holding that position could potentially participate in making.

The Act further requires that agencies review and update their conflict of interest codes at least once during even-numbered years and whenever a change is necessitated by modified circumstances. (See Gov. Code Sections 87306 and 87307).

Analysis:

Since the last update to the City’s Conflict of Interest Code, the City has added two new Committees – the Arts and Culture Committee and Coastal Advisory Committee - as well as added new positions in the City’s FY 2024-25 City budget. Staff recommends that the City Council review the City’s Conflict of Interest Code to determine if and what changes to the Code are necessary.

Staff has completed its analysis and is recommending that Council adopt a resolution to update the City’s Conflict of Interest Code (Attachment 2). A legislative (redlined) version of the proposed amended Conflict of Interest Code is included in this report as Attachment 3. The proposed 93 Meeting Date: September 17, 2024 Agenda Item: 10B.

CITY OF SAN CLEMENTE 2
revisions add new Commissions and Committees and new positions to the Code and reflect updated position titles.

Pursuant to state law requirements, employees affected by the proposed changes have been informed of the proposed changes and advised that City Council will consider adopting the amendments at this meeting.

Additionally, staff recommends adding Section 2.24.010 to the San Clemente Municipal Code to officially codify the City Council’s ability to adopt, update amend and otherwise modify the Conflict of Interest Code by resolution.

Council Options:
 Introduce and conduct the first reading of Ordinance No. 1781 and adopt Resolution No. 24- 143, adopting an updating Conflict of Interest Code.
 Modify, introduce and conduct the first reading of Ordinance No. – and/or modify and adopt Resolution No. 24-143.
 Direct staff to return with additional information.

Environmental Review/Analysis:

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

Recommended Actions:

Staff Recommendation ..recommendation

1. Introduce Ordinance No. 1781 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CHAPTER 2.24 OF THE MUNICIPAL CODE OF THE CITY OF SAN CLEMENTE TO ADD SECTION 2.24.010, RELATING TO THE CONFLICT OF INTEREST CODE.

2. Adopt Resolution No. 24-143 entitled A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING AND ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974 AND REPEALING RESOLUTION NO. 21-37.
..end
Attachments:

1. Ordinance No. 1781

2. Proposed Resolution with Proposed Conflict of Interest Code attached as Exhibit A

3. Conflict of Interest Code (Legislative Version that shows proposed changes) Notification:

1. A Notice of Intention to Amend the Conflict of Interest Code was posted on the City Hall Bulletin Board and online on September 9, 2024.

2. Employees whose positions would be affected by changes in the updated Conflict of Interest Code and Commissioners/Committee Members and consultant(s) who would be affected by 94 Meeting Date: September 17, 2024 Agenda Item: 10B.

CITY OF SAN CLEMENTE 3
the changes were emailed copies of the “Notice of Intention to Amend the Conflict of Interest Code”, together with a red-lined version of the proposed Code, on September 9, 2024. 95 Attachment 1
ORDINANCE NO. 1781

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING
CHAPTER 2.24 OF THE MUNICIPAL CODE OF THE

CITY OF SAN CLEMENTE TO ADD SECTION

2.24.010, RELATING TO THE CONFLICT OF

INTEREST CODE
WHEREAS, the State of California enacted the Political Reform Act of 1974, Government Code Sections 81000, et seq. (the "Act"), which contains provisions relating to conflicts of interest that potentially affect all officers, employees and consultants of the City of San Clemente (the "City"), and which requires all public agencies to adopt and promulgate a conflict of interest code; and
WHEREAS, the City Council adopted a Conflict of Interest Code (the "Code"), which was last amended on October 5, 2021, in compliance with the Act; and WHEREAS, from time to time, the Conflict of Interest Code must be updated due to staffing changes or the addition or removal of City Commissions and Committees; and WHEREAS, adopting such changes by resolution is in the best interests of the City and the public.

NOW, THEREFORE, the City Council of the City of San Clemente, California, hereby ordains as follows:

Section 1: Chapter 2.24 of the SCMC, relating to the Conflict of Interest Code, is hereby modified to add Section 2.24.010 to read as follows:

2.24.010 - Adoption
The City Council may from time to time adopt, promulgate, amend or otherwise modify its conflict of interest code as required by the Political Reform Act (Gov. Code §§ 81000, et seq.) via resolution.

Section 2: If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.

Section 4. This Ordinance shall become effective on October 31, 2024. 96 Ordinance No. 1781 Page 2
Section 5. Upon this Ordinance becoming effective, all previous Ordinances and Resolutions that are inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 6. The City Clerk shall certify to the adoption of this ordinance and cause it, or a summary thereof, to be published once within fifteen (15) days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code Section 36933.

APPROVED AND ADOPTED this _____day of _________________, ________.

ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of
San Clemente, California San Clemente, California
97 Ordinance No. 1781 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1781, having been regularly introduced at the meeting of _______________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______, and said ordinance was adopted 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
98 Attachment 2
RESOLUTION NO. 24-143

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, APPROVING

AND ADOPTING AN AMENDED CONFLICT OF

INTEREST CODE PURSUANT TO THE POLITICAL
REFORM ACT OF 1974 AND REPEALING RESOLUTION
NO. 21-37
WHEREAS, the State of California enacted the Political Reform Act of 1974, Government Code Sections 81000, et seq. (the "Act"), which contains provisions relating to conflicts of interest that potentially affect all officers, employees and consultants of the City of San Clemente (the "City"), and which requires all public agencies to adopt and promulgate a conflict of interest code; and WHEREAS, the City Council adopted a Conflict of Interest Code (the "Code"), which was last amended on October 5, 2021, in compliance with the Act; and WHEREAS, the Political Reform Act requires every agency to review its conflict of interest code biennially and to notify the code reviewing body if their current code is accurate; and
WHEREAS, notice of the time and place of a public meeting on, and of consideration by the City Council of, the proposed amended Code was provided to each affected designated employee and was publicly posted for review; and WHEREAS, a public meeting was held upon the proposed amended Code at a regular meeting of the City Council on September 17, 2024, at which all persons desiring to be heard were given an opportunity to be heard on the proposed amended Code.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Clemente that:

Section 1. The City Council does hereby approve and adopt the amended Conflict of Interest Code, a copy of which is attached hereto as Exhibit A and fully incorporated herein by this reference. A copy of said Code shall be kept on file with the City Clerk and available to the public for inspection and copying during regular business hours.

Section 2. Said amended Conflict of Interest Code shall become effective immediately upon its adoption and approval.

Section 3. All previous conflict of interest codes of the City of San Clemente shall be rescinded upon the effective date of said amended Code as approved by the City Council.

Section 4. City staff is authorized and directed to take such other and further actions as may be required by law or necessary and appropriate to accomplish the purposes of this resolution.
99 Resolution No. 24-143 Page 2
Section 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
100
Resolution No. 24-143 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. 24-143 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
101
Exhibit A

CONFLICT OF INTEREST CODE
OF THE

CITY OF SAN CLEMENTE
102

CONFLICT OF INTEREST CODE
OF THE

CITY OF SAN CLEMENTE
(Amended September 17, 2024)
The Political Reform Act (Gov. Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. § 18730) that contains the terms of a standard conflict of interest code that can be incorporated by reference in an agency’s code. After public notice and a hearing, Section 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the conflict of interest code of the City of San Clemente (the "City").

The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, may electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City’s Filing Officer. The City Clerk shall retain the original statements filed by such officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.) All officials and designated positions required to submit a statement of economic interests shall receive ethics training every two years as required pursuant to Government Code section 53235 (AB 1234). The City’s Filing Officer shall annually provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training. These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.) 103
App. A-1

APPENDIX

CONFLICT OF INTEREST CODE
OF THE

CITY OF SAN CLEMENTE
(Amended September 17, 2024)
PART “A”
The Mayor, Members of the City Council and the Planning Commission, the City Manager, the City Attorney, the City Treasurer, and All Other City Officials who manage public investments, as defined by 2 Cal. Code of Regs. §18700.3, are NOT subject to the City’s Code but must file disclosure statements under Government Code Sections 87200 et seq. [Regs. § 18730(b)(3).]

OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials who manage public investments 1. These positions are listed here for informational purposes only.

Investment Advisory Committee
Investment Consultant

1 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200. 104
DESIGNATED EMPLOYEES’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED

DESIGNATED POSITIONS

GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED EMPLOYEES’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Assistant to the City Manager 1, 2
Administrative Services Director 1, 2
Assistant Utilities Manager 5
Assistant City Engineer 5
Associate Civil Engineer 2, 3, 5, 6
Beaches, Parks and Recreation Director 5
Building Inspector (ALL) 2, 3, 6
Building Official 2, 3, 5, 6
Chief Administrative Officer/ACM 1, 2
Chief of Police Services 5
City Clerk 5
City Fire Chief 5
City Planner 2, 3, 5, 6
Contract Coastal Administrator 5
Code Compliance Manager 2, 5, 6
Community Development Director 1, 2
105
DESIGNATED EMPLOYEES’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Deputy Administrative Services Director 1, 2
Deputy Community Development Director 2, 3, 5, 6
Deputy Public Works Director 2, 3, 5, 6
Economic Development Officer 1, 2
Environmental Programs Supervisor 5
Financial Services Officer 4
Golf Course Manager 5
Human Resources Manager 4
Information Technology Manager 5
Legislative Administrator 5, 8
Maintenance Manager 5
Maintenance Operations Supervisor 5
Marine Safety Captain 5, 6
Principal Civil Engineer 1, 2
Principal Civil Engineer/Asset Manager 1, 2
Principal Planner 2, 3, 5, 6
Public Works Director/City Engineer 1, 2
Risk Management/Human Resources Officer 5, 8
Senior Civil Engineer 1, 2
Management Analyst, II 2, 3, 5
Senior Plan Check Engineer 2, 3, 6
Senior Planner 2, 3, 6
106
DESIGNATED EMPLOYEES’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
Systems Applications Analyst 5
Transportation Engineering Manager 1, 2
Utilities Director 5
Utilities Maintenance Supervisor 5
Utilities Manager 5
Utilities Operations Supervisor (ALL) 5
Utilities Superintendent 5

MEMBERS OF BOARDS,

COMMITTEES & COMMISSIONS
Arts & Culture Committee 2, 3, 5
Beaches, Parks and Recreation Commission 2, 3, 5
Coastal Advisory Committee 2, 3, 5
Golf Course Committee 5
Human Affairs Committee 5
Consultants and New Positions*
*Individuals serving as a consultant as defined in FPPC Reg. 18700.3 or in a new position created since this Code was last approved that makes or participates in making decisions must file under the broadest disclosure set forth in this Code subject to the following limitation:

The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Gov. Code § 82019; FPPC Regulations 18219 and 18734.). The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov. Code § 81008.)
107
App. B-1
PART “B"

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which he or she is assigned. 2“Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in, doing business in, planning to do business in, or have done business during the previous two years in the jurisdiction of the District.

Category 1: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments.

Category 2: All interests in real property that is located in whole or in part within, or not more than two (2) miles outside, the boundaries of the City, including any leasehold, beneficial or ownership interest or option to acquire property.

Category 3: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City.

Category 4: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City.

Category 5: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit or division.

Category 6: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit, or licensing authority of the designated employee's department, unit or division.

Category 7: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, or income from a nonprofit organization, if the source is of the type to receive grants or other monies from or through the City or its subdivisions.

2 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1.)
108
App. B-2
Category 8: All investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, if such entities or sources have filed claims against the City in the past two years, or have a claim pending before the City.

Category 9: All interests in real property, and all investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are located in, do business in, or own real property within the geographical area of, and within two miles of, the designated position’s assigned advisory area. 109
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: September 17, 2024 Agenda Item: 10C.

Submitted By: Public Works
Prepared By: Ryan Kim, Senior Civil Engineer – Traffic
Zak Ponsen, Assistant City Engineer
Dave Rebensdorf- Public Works Director/City Engineer
Subject:
..titl e

INTRODUCTION (FIRST READING) OF AN ORDINANCE ESTABLISHING CITYWIDE

POSTED SPEED LIMITS AND FINDING THE ORDINANCE CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body
Fiscal Impact:

None.

Summary:

The City Council is being asked to consider Ordinance No. 1780 (Attachment 1), that would establish speed limits based on the Engineering and Traffic Survey (E&TS) summarized on the attached Speed Summary (Attachment 2) with no changes to current speed limits.

Reevaluating all non-statutory speed limits every five years is necessary to comply with the California Vehicle Code (CVC) and the California Manual on Uniform Traffic Control Devices (CA MUTCD) when changes to roads have been made. Although the E&TS study shows that some posted speed limits could be increased (i.e., Avenida Vaquero, Avenida Salvador, and Calle Frontera, etc.), the E&TS and Assembly Bill No. 43 (as amended) allow the City to keep the existing posted speed limits without any changes based on certain findings. Staff analysis determined that no streets would qualify to reduce their posted speed limit. Accordingly, the recommendation is to adopt speed limits with no changes from the existing codified posted limits.

Background:

The CVC and CA MUTCD govern the criteria for establishment of speed limits in local municipalities. For speed limits to be valid and enforceable, CVC Sections 22348-22358 and 40802 require that an E&TS be conducted every five years in order to justify posted speed limits for non-statutory streets.

CVC Section 40802 allows an E&TS to remain valid for seven or fourteen years in certain cases related to citing officer radar/lidar certification, timely radar calibration, and an engineering determination that underlying roadway or traffic conditions have remained unchanged. Since there have been some changes implemented on the City’s transportation infrastructure within the last five years, a new E&TS was conducted in order to certify speed limits on a citywide basis.

CVC Section 22358.6 requires agencies to establish speed limits at or near the surveyed 85th percentile speed. The 85th percentile speed is defined as the speed at which 85% of vehicles 110
Meeting Date: September 17, 2024 Agenda Item: 10C.

CITY OF SAN CLEMENTE 2
documented in the E&TS travel at or below. Typically, the 85th percentile speed is rounded to the nearest five (5) mile per hour (mph) increment to establish the speed limit. CVC Section 22358.6 also allows an agency to round the surveyed 85th percentile speed down to the lower 5 mph increment to establish the speed limit even when mathematical rounding would otherwise require rounding up to the nearest 5 mph. However, in these instances, an additional 5 mph reduction is not permitted beyond the rounding down.

For example, a speed survey that is rounded to the nearest 5 mph increment or that lands on an even 5 mph increment may be reduced an additional 5 mph to establish the speed limit when conditions and justification are documented in the E&TS and approved by a registered Civil and/or Traffic Engineer.

If the City Council finds that the speed limit is still more than is reasonable or safe after completing an E&TS, the City has the authority by ordinance to retain the current speed limit or restore the immediately prior one if the previous speed limit was established by an E&TS and if a registered engineer has evaluated that section of the highway and determined that no additional general purpose lanes have been added to the roadway since completion of the traffic survey that established that speed limit. These requirements are set forth in CVC Section 22358.8.

Name of Street or Portion
Affected
Declared Prima
Facie Speed
Limit
Justification
Cerro, Calle Del from
Avenida Pico to Avenida
Vista Montana (west)
Thirty-five miles
per hour
Rolling grades, limited line of sight,
residential communities, and Class 2 bike
lanes on both sides of the street
Estrella, Avenida De La from
Calle De Los Molinos to
East El Portal
Twenty-five miles
per hour
Direct access to multi-family and single
family residential and commercial
establishments, driveway density, and
multimodal activity
Guadalajara, Calle from
Calle Nuevo to Avenida
Vaquero
Twenty-five miles
per hour
Fronting residential, high driveway density
and on-street parking demand
Hermosa, Avenida Vista
from Via Turqueza to
Camino Vera Cruz
Forty miles per
hour
Direct access to Marblehead Elementary
School and Marblehead Park, Class 2 bike
lanes, adjacent path, and multimodal activity
Mira Costa, Camino from
Camino Capistrano to
Camino De Estrella
Thirty-five miles
per hour
Access to multiple residential tracts,
commercial establishments, and park use
Presidio, Avenida from El
Camino Real to Calle
Escuela
Twenty-five miles
per hour
Residential driveway density,
proximity/access to San Clemente High
School, areas with limited sight distance, and
multimodal activity
Saluda, Calle from Avenida
La Pata to Avenida Talega
Thirty-five miles
per hour
Direct access to residential tracts, Class 2
bike lanes, and multimodal activity
Salvador, Avenida from
Avenida Presidio to Avenida
San Pablo
Twenty-five miles
per hour
Horizontal curvature and steep grades, and
high residential driveway density
111
Meeting Date: September 17, 2024 Agenda Item: 10C.

CITY OF SAN CLEMENTE 3
San Pablo, Avenida from
Avenida Acapulco to
northerly terminus
Thirty-five miles
per hour
Steep grade, access to single and multifamily residential tracts, and trail access at the street terminus
Vera Cruz, Camino from Via
Blanco to Camino De Los
Mares
Thirty-five miles
per hour
Vertical and horizontal curvature, limited line
of sight, schools and Class 2 bike lanes
Staff has conducted speed surveys for City streets that require a current E&TS to justify posted speed limits. Attachment 2 summarizes the speed survey results and the recommended speed for each roadway. Based on these findings, retaining the existing speed limits and making no changes to posted speed limits is advised.

Maintaining current posted speed limits was unanimously recommended for approval by the Planning Commission at their meeting on June 26, 2024.

Council Options:
 Introduce and conduct the first reading of Ordinance No. 1780, making findings and establishing posted speed limits on City streets and determining the action is categorically exempt from the California Environmental Quality Act (CEQA).  Revise, introduce and conduct the first reading of Ordinance No. 1780.  Continue the item and direct staff to provide additional information.  Do not introduce Ordinance No. 1780 and deny the establishment of posted speed limits on City streets. Note: this action would result in citation of certain speed infractions as legally unenforceable.

Environmental Review/Analysis:

The Planning Commission and staff are recommending that the City Council determine this action to be categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301(c)), and Class 21 (Enforcement Actions by Regulatory Agencies, 14 CCR section 15321) of the State CEQA Guidelines.

Recommended Actions:
..recommendation
Planning Commission and City staff recommend that the City Council introduce and conduct a first reading of Ordinance No. 1780 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SAN CLEMENTE MUNICIPAL CODE TITLE 10 – VEHICLES AND TRAFFIC, CHAPTER 10.16 TO ESTABLISH CITYWIDE POSTED

SPEED LIMITS AND FINDING THE ACTION CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, which would maintain all current speed limits. ..end
Attachment:

1. Ordinance No. 1780

2. Summary of Engineering and Traffic Survey (E&TS)
112
Meeting Date: September 17, 2024 Agenda Item: 10C.

CITY OF SAN CLEMENTE 4
Notification:

None.
113
Attachment 1
ORDINANCE NO. 1780

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AMENDING SAN
CLEMENTE MUNICIPAL CODE TITLE 10 – VEHICLES AND
TRAFFIC, CHAPTER 10.16 TO ESTABLISH CITYWIDE

POSTED SPEED LIMITS AND FINDING THE ACTION

CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of San Clemente, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, existing municipal code provisions under San Clemente Municipal Code (SCMC) Chapter 10.16 regulate the posted speed limits within the City, and WHEREAS, California Vehicle Code (CVC) Sections 22348-22358 and 40802 provide that state and local agencies should conduct engineering studies at least once every 5, 7 or 14 years to reevaluate non-statutory speed limits on segments of their roadways that have undergone significant changes since the last review, such as the addition or elimination of parking or driveways, changes in the number of travel lanes, changes in the configuration of bicycle lanes, changes in traffic control signal coordination, or significant changes in traffic volumes; and WHEREAS, the City has conducted the required speed surveys and engineering studies upon existing and new streets in the City; and
WHEREAS, CVC Section 22358.6 provides that when a speed limit is to be posted, it shall be established at the nearest 5 mph increment of the 85th-percentile speed of freeflowing traffic, except as shown in the two Options below for rounding down and using 5 mph speed reduction, or rounding up, or if using additional 5 mph speed reduction on local agency roadways for safety corridor designation (CVC Section 22358.7(a)(1)) or adjacent to land or facility generating high concentrations of bicyclists and pedestrians (CVC Section 22358.7(a)(2)). If the speed limit to be posted has had the 5 mph reduction applied, then an E&TS shall document in writing the conditions and justification for the lower speed limit and be approved by a registered Civil or Traffic Engineer. The reasons for the lower speed limit shall be in compliance with CVC Sections 627 and 22358.5; and WHEREAS, CVC Section 22358.8(a) provides that a city may, by ordinance, retain the current speed limit or restore the immediately prior speed limit if, after the completion of an engineering and traffic study, the local authority finds that the speed limit is still more than is reasonable or safe, if that speed limit was established with an engineering and traffic survey and if a registered engineer has evaluated the section of highway and determined that no additional general purpose lanes have been added to the roadway since completion of the traffic survey that established the prior speed limit; and 114
Ordinance No. 1780 Page 2
WHEREAS, the City’s Traffic Engineer has reviewed the street segments and has identified justifiable zoning, street configurations, and safety considerations and recommends that the necessary determinations to be made in order to uphold the current speed limits while also ensuring compliance with all relevant CVC codes; and WHEREAS, the Planning Commission at their regular meeting of June 26, 2024 made a recommendation to the City Council to approve the establishment of speed limits based on the recent Engineering and Traffic Survey that would maintain current speed limits, and determine the project as categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities, 14 CCR section 15301(c)), and Class 21 (Enforcement Actions by Regulatory Agencies, 14 CCR section 15321) of the State CEQA Guidelines.

NOW, THEREFORE, the City Council of the City of San Clemente, California, hereby ordains as follows:

Section 1: Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated as findings as if fully set forth herein.

Section 2: CEQA. Based on the entire record as a whole, the City Council finds and determines that this Ordinance is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301(c)), and Class 21 (Enforcement Actions by Regulatory Agencies, 14 CCR section 15321) of the State CEQA Guidelines because it maintains existing speed limits, allows existing speed limits to be enforced and has no possibility of making a direct or foreseeably indirect substantial impact on the environment.

Section 3: Under California Vehicle Code 22358.8 and based on the evaluation of the Engineering and Traffic Survey and street configuration by the City’s Traffic Engineer, the City Council finds and determines that the current speed limits for the following streets were established with an engineering and traffic survey, that a registered engineer has evaluated the section of highway and determined that no additional general purpose lanes have been added to the roadway since completion of the traffic survey that established that speed limit, that the posted speed limits on the following streets are still more than is reasonable or safe, and that the currently adopted speed limits on the following street shall be retained based on the following justifications:

Name of Street or Portion
Affected
Declared Prima Facie
Speed Limit
Justification
Cerro, Calle Del from
Avenida Pico to Avenida
Vista Montana (west)
Thirty-five miles per hour Rolling grades, limited line of sight, residential communities, and Class 2 bike lanes on both
sides of the street
Estrella, Avenida De La
from Calle De Los Molinos
to East El Portal
Twenty-five miles per hour Direct access to multi-family and single family residential and commercial establishments,
driveway density, and multimodal activity
Guadalajara, Calle from
Calle Nuevo to Avenida
Vaquero
Twenty-five miles per hour Fronting residential, high driveway density and on-street parking demand
115
Ordinance No. 1780 Page 3
Hermosa, Avenida Vista
from Via Turqueza to
Camino Vera Cruz
Forty miles per hour Direct access to Marblehead Elementary School and Marblehead Park, Class 2 bike
lanes, adjacent path, and multimodal activity
Mira Costa, Camino from
Camino Capistrano to
Camino De Estrella
Thirty-five miles per hour Access to multiple residential tracts, commercial establishments, and park use
Presidio, Avenida from El
Camino Real to Calle
Escuela
Twenty-five miles per hour Residential driveway density, proximity/access to San Clemente High School, areas with
limited sight distance, and multimodal activity
Saluda, Calle from
Avenida La Pata to
Avenida Talega
Thirty-five miles per hour Direct access to residential tracts, Class 2 bike lanes, and multimodal activity
Salvador, Avenida from
Avenida Presidio to
Avenida San Pablo
Twenty-five miles per hour Horizontal curvature and steep grades, and high residential driveway density
San Pablo, Avenida from
Avenida Acapulco to
northerly terminus
Thirty-five miles per hour Steep grade, access to single and multi-family residential tracts, and trail access at the street
terminus
Vera Cruz, Camino from
Via Blanco to Camino De
Los Mares
Thirty-five miles per hour Vertical and horizontal curvature, limited line of sight, schools and Class 2 bike lanes
Section 4: Section 10.16.010 of the Municipal Code of the City of San Clemente is hereby repealed and replaced in its entirety to read as follows:

10.16.010 Increasing state speed limit in certain zones.

It is determined upon the basis of an engineering and traffic investigation that the speed permitted by state law upon the following streets is less than is necessary for safe operation of vehicles thereon by reason of the designation and signposting of such streets as through highways and/or by reason of widely spaced intersections, and it is declared that the prima facie speed limit shall be hereinafter set forth on those streets or parts of streets herein designated when signs are erected giving notice thereof:

Name of Street or Portion Affected Declared Prima Facie Speed Limit

N/A N/A
Section 5: Section 10.16.020 of the Municipal Code of the City of San Clemente is hereby repealed and replaced in its entirety to read as follows:

10.16.020 Decrease of state law maximum speed per CVC Section 22358.6
It is determined upon the basis of an engineering and traffic investigation that the speed permitted by state law outside of business and residential districts as applicable upon the following streets is greater than is reasonable or safe under the conditions found to exist upon such streets, and it is declared that the prima 116
Ordinance No. 1780 Page 4
facie speed limit shall be as herein set forth on those streets or parts of streets herein designated when signs are erected giving notice thereof:

Name of Street or Portion Affected Declared Prima Facie Speed Limit Acapulco, Avenida from Avenida San
Pablo to Avenida San Pablo
Thirty-five miles per hour
Aguilla, Calle from Avenida Vista Montana
to Calle Pastadero
Thirty miles per hour
Altea, Calle from Calle Pedriza to terminus Thirty-five miles per hour Amanecer, Calle from Avenida Pico to
Avenida La Pata
Thirty-five miles per hour
Capistrano, Camino from El Camino Real
(Pacific Coast Highway) to North City limit
Thirty miles per hour
Cerro, Calle Del from Avenida Vista
Montana (west) to Avenida La Pata
Thirty-five miles per hour
Del Rio, Camino from Camino De Los
Mares to Avenida La Pata
Forty miles per hour
El Camino Real from Calle De Los Molinos
to El Portal
Thirty-five miles per hour
El Camino Real from El Portal to Avenida
Palizada
Thirty miles per hour
El Camino Real from Avenida Presidio to
Avenida Valencia
Thirty miles per hour
El Camino Real from Avenida Valencia to
Southern City Limit
Thirty-five miles per hour
El Portal, East from El Camino Real to
Avenida De La Estrella
Twenty-five miles per hour
Estrella, Avenida De La from East El
Portal to Avenida Presidio
Twenty-five miles per hour
Faro, Camino from Calle Frontera to
Avenida Vista Hermosa
Twenty-five miles per hour
Frontera, Calle from Avenida Pico to to
600’ s/o Calle Cuadra
Thirty miles per hour
Frontera, Calle from 600’ s/o Calle Cuadra
to Calle Vallarta
Twenty-five miles per hour
Hermosa West, Avenida Vista from
Avenida Costa Azul to Avenida Pico (west)
Forty miles per hour
Hermosa, Avenida Vista from I-5
Southbound Off-ramp to Via Turqueza
Forty miles per hour
Hermosa, Avenida Vista from Camino
Vera Cruz to Avenida La Pata
Forty-five miles per hour
La Pata, Avenida from Camino Del Rio to
County of Orange Limit Line
Fifty-five miles per hour
La Pata, Avenida from Camino Del Rio to
South City Limit
Forty-five miles per hour
117
Ordinance No. 1780 Page 5
La Pedriza, Camino from Via Amor to
Avenida Pico
Forty miles per hour
Mares, Camino De Los from Interstate 5 to
Avenida Vaquero
Thirty-five miles per hour
Mares, Camino De Los from Avenida
Vaquero to East City Limit
Forty-five miles per hour
Montana, Avenida Vista from Calle Del
Cerro to Calle Del Cerro
Thirty-five miles per hour
Negocio, Calle from Calle Amanecer to its
terminus
Thirty-five miles per hour
Ola Vista, South from Avenida Del Mar to
Avenida Calafia
Twenty-five miles per hour
Pastadero, Calle from Avenida Vista
Montana to its terminus
Thirty miles per hour
Pico, Avenida from El Camino Real to
Calle Frontera / Avenida Presidio
Thirty-five miles per hour
Pico, Avenida from Calle Frontera/Avenida
Presidio to Calle Amanecer
Forty-five miles per hour
Portico Del Sur / Norte from Camino De
Los Mares to Camino De Los Mares
Thirty-five miles per hour
Presidente, Avenida Del from Avenida
Valencia to Cristianitos Road
Thirty miles per hour
Presidio, Avenida from Calle Escuela to
Avenida Pico
Twenty-five miles per hour
Puente Del Sol / Hermosa, Avenida Vista
from Avenida Pico to Avenida Pico
Thirty miles per hour
San Pablo, Avenida from San Gabriel to
Avendia Acapulco
Twenty-five miles per hour
Sarmentoso, Calle from Camino Vera
Cruz to Camino Del Rio
Thirty miles per hour
Talega, Avenida from Avenida Vista
Hermosa to Calle Saluda
Thirty-five miles per hour
Talega, Avenida from Calle Saluda to East
City Limit
Forty miles per hour
Vaquero, Avenida from Camino De Los
Mares to Camino Capistrano
Thirty miles per hour
Vera Cruz, Camino from Avenida Pico to
Via Blanco
Forty miles per hour
Section 6: Section 10.16.025 of the Municipal Code of the City of San Clemente is hereby repealed and replaced in its entirety to read as follows:

10.16.025 Maintaining state speed limit in certain zones. 118
Ordinance No. 1780 Page 6
It is determined upon the basis of an engineering and traffic investigation that the speed permitted by state law upon the following streets is appropriate for safe operation of vehicles thereon by reason of the designation of such streets, and it is declared that the prima facie speed limit shall be herein set forth on those streets or parts of streets herein designated when signs are erected giving notice thereof:

Name of Street or Portion Affected Declared Prima Facie Speed Limit Calafia, Avenida from Avenida Del
Presidente to terminus
Twenty-five miles per hour
El Camino Real (Pacific Coast Highway)
from Camino Capistrano to Avenida
Estacion
Forty-five miles per hour
El Camino Real from Avenida Estacion to
Calle De Los Molinos
Thirty-five miles per hour
El Camino Real from Avenida Palizada to
Avenida Presidio
Thirty miles per hour
Estrella, Camino De from Interstate 5 to
West City Limit
Thirty-five miles per hour
Hermosa West, Avenida Vista from I-5
Southbound Off-ramp to Avenida Costa
Azul
Forty miles per hour
Hermosa, Avenida Vista from Avenida La
Pata to Avenida Pico
Forty-five miles per hour
La Pedriza, Camino from Avenida Vista
Hermosa to Via Amor
Forty miles per hour
Mares, Camino De Los from Camino Vera
Cruz to East City Limit
Forty-five miles per hour
Pico, Avenida from Calle Amanecer to
Avenida La Pata
Forty-five miles per hour
Pico, Avenida from Avenida La Pata to
East City Limit
Fifty miles per hour
Section 7: Section 10.16 of the Municipal Code of the City of San Clemente is hereby repealed and replaced in its entirety to read as follows:

Retaining state law maximum speed to the current speed limit per CVC Section 22358.8
It is determined upon the basis of an engineering and traffic investigation that the speed permitted by state law upon the following streets is appropriate for safe operation of vehicles thereon by reason of the designation of such streets, and it is declared that the prima facie speed limit shall be herein set forth on those streets or parts of streets herein designated when signs are erected giving notice thereof:

Name of Street or Portion Affected Declared Prima Facie Speed Limit 119
Ordinance No. 1780 Page 7
Cerro, Calle Del from Avenida Pico to
Avenida Vista Montana (west)
Thirty-five miles per hour
Estrella, Avenida De La from Calle De Los
Molinos to East El Portal
Twenty-five miles per hour
Guadalajara, Calle from Calle Nuevo to
Avenida Vaquero
Twenty-five miles per hour
Hermosa, Avenida Vista from Via
Turqueza to Camino Vera Cruz
Forty miles per hour
Mira Costa, Camino from Camino
Capistrano to Camino De Estrella
Thirty-five miles per hour
Presidio, Avenida from El Camino Real to
Calle Escuela
Twenty-five miles per hour
Saluda, Calle from Avenida La Pata to
Avenida Talega
Thirty-five miles per hour
Salvador, Avenida from Avenida Presidio
to Avenida San Pablo
Twenty-five miles per hour
San Pablo, Avenida from Avenida
Acapulco to northerly terminus
Thirty-five miles per hour
Vera Cruz, Camino from Via Blanco to
Camino De Los Mares
Thirty-five miles per hour
Section 8: Publication. The City Clerk shall certify to the adoption of this ordinance by the City Council and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code Section 36933.

Section 9: Records. The documents and materials associated with this ordinance that constitute the record of proceedings on which the City Council’s findings and determinations are based are located at City Hall, 910 Calle Negocio, San Clemente, CA 92673.

Section 10: Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable. The City Council declares that it would have adopted this ordinance irrespective of the invalidity of any portion thereof.

Section 11: Effective Date. This Ordinance shall become effective 30 days after its adoption.
120
Ordinance No. 1780 Page 8
Section 12: The City Clerk shall certify to the passage of this ordinance and cause the same to be published as required by law, and the same shall take effect as provided by law.

APPROVED AND ADOPTED this _____day of _________________, 2024.

ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1780 having been regularly introduced at the meeting of _______________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______, and said ordinance was adopted 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 ______________________, 2024. __________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
___________________________
Elizabeth A. Mitchell, City Attorney
121

CITY OF SAN CLEMENTE

CITYWIDE SPEED LIMITS

SUMMARY OF ENGINEERING AND TRAFFIC SURVEY
Updated June 2024
E&Ts
Page
No. Location ADT Street Classification
Accident
Rate1
Expected
Accident
Rate2
Posted
Speed Limit
Date of
Survey
Average
Speed
85th
Percentile
Speed
Recommended
Speed Limit Change
Acapulco, Avenida Collector
1 Avenida San Pablo to Avenida San Pablo 758 1.14 1.11 35 mph 4/3/24 33 mph 38 mph No Aguila, Calle Collector
2 Avenida Vista Montana to Calle Pastadero 1,790 0 1.11 30 mph 2/8/24 30 mph 33 mph No Altea, Calle Collector
3 Camino La Pedriza to Terminus 1,393 1.07 1.11 35 mph 2/28/24 34 mph 39 mph No Amanecer, Calle
4 Avenida Pico to Avenida La Pata 7,177 Collector 0.36 1.11 35 mph 2/28/24 39 mph 42 mph No Calafia, Avenida Collector
5 Avenida Del Presidente to terminus 4,047 1.59 1.11 25 mph 2/22/24 25 mph 27 mph No Capistrano, Camino Collector
6 El Camino Real (Pacific Coast Highway) to 8,141 0.19 1.11 30 mph 2/28/24 30 mph 33 mph No North City Limit
Cerro, Del Calle Collector
7 Avenida Pico to Avenida Vista Montana (west) 11,575 0.18 1.04 35 mph 6/15/24 39 mph 43 mph No Cerro, Del Calle
8 Avenida Vista Montana (west) to Avenida La Pata 6,855 Collector 0.49 1.11 35 mph 2/28/24 36 mph 39 mph No Del Rio, Camino Divided Collector
9 Camino De Los Mares to Legendario 6,225 0 1.11 2/8/24 42 mph 46 mph 10 Legendario to Precipicio 6,689 0.24 1.11 2/8/24 43 mph 47 mph No 11 Precipicio to Avenida La Pata 7,152 0.33 1.11 2/8/24 43 mph 47 mph El Camino Real (Pacific Coast Highway) Divided Collector 12 Camino Capistrano to Avenida Estacion 13,093 0.53 1.11 45 mph 2/14/24 43 mph 47 mph No El Camino Real Secondary Arterial
13 Avenida Estacion to Calle De Los Molinos 14,377 2.33 2/14/24 33 mph 37 mph 14 Calle De Los Molinos to El Portal 16,609 0.98 2/14/24 34 mph 38 mph El Camino Real Secondary Arterial
15 El Portal to Avenida Palizada 16,272 1.15 2/14/24 32 mph 35 mph 16 Avenida Palizada to Avenida Presidio 15,161 2.41 1.04 30 mph 2/14/24 29 mph 32 mph No 17 Avenida Presidio to Avenida Valencia 14,000 1.2 2/14/24 33 mph 36 mph El Camino Real Secondary Arterial
18 Avenida Valencia to Del Commercio 10,785 2.16 2/14/24 37 mph 40 mph 19 Del Commercio to South City Limit 5,216 0.66 2/14/24 38 mph 41 mph El Portal, East Collector
20 El Camino Real to Avenida de La Estrella 2,823 0 1.11 25 mph 2/22/24 27 mph 30 mph No Estrella, Avenida De La Collector
21 Calle De Los Molinos to East El Portal 6,377 0.72 1.11 25 mph 2/22/24 29 mph 33 mph No 22 East El Portal to Avenida Presidio 4,829 2.78 4/2/24 28 mph 32 mph Estrella, Camino de Primary Arterial
23 Interstate 5 to West City Limit 10,600 0.58 1.04 35 mph 2/13/24 33 mph 37 mph No Faro, Camino Collector
24 Calle Frontera to Avenida Vista Hermosa 1,256 0 1.11 25 mph 2/21/24 26 mph 29 mph No Fresas, Avenida (CVC Private Street) Private/Collector
25 Calle Saluda to Calle Gaulteria 2,572 0.74 1.11 35 mph 2/8/24 32 mph 35 mph No Frontera, Calle Collector
26 Avenida Pico to 600' s/o Cuadra 1,792 2.41 1.11 30 mph 2/21/24 34 mph 37 mph No

1.04 35 mph No
35 mph
25 mph
25 mph
35 mph
25 mph
35 mph
30 mph
40 mph
45 mph

1.04 35 mph No
35 mph
30 mph
35 mph
35 mph
25 mph
30 mph
35 mph
35 mph
40 mph
30 mph
35 mph
0_Speed Limits_summary_7.30.24.xlsx Page 1 of 3 122

CITY OF SAN CLEMENTE

CITYWIDE SPEED LIMITS

SUMMARY OF ENGINEERING AND TRAFFIC SURVEY
Updated June 2024
E&Ts
Page
No. Location ADT Street Classification
Accident
Rate1
Expected
Accident
Rate2
Posted
Speed Limit
Date of
Survey
Average
Speed
85th
Percentile
Speed
Recommended
Speed Limit Change
Frontera, Calle Collector
27 ~600' S. of Calle Cuadra to Calle Vallarta 3,606 0.49 1.11 25 mph 2/21/24 28 mph 31 mph No Fuerte, Camino Viente (CVC Private Street) Private/Collector 28 Avenida Talega west to Via Agradar 3,600 0 1.11 2/8/24 37 mph 41 mph 29 Via Agradar to Avenida Talega east 1,108 0 1.11 4/2/24 37 mph 42 mph Grande, Camino Tierra (CVC Private Street) Private/Collector 30 Avenida Talega to Via Timon 2,983 0 1.11 2/8/24 30 mph 34 mph 31 Via Timon to Camino Viento Fuerte 1,366 0 1.11 4/3/24 32 mph 37 mph Guadalajara, Calle Collector
32 Calle Nuevo to Avenida Vaquero 1,717 0 1.11 25 mph 4/3/24 30 34 mph No Hermosa West, Avenida Vista Primary Arterial
33 Avenida Costa Azul to Avenida Pico (west) 9,500 0.7 2/8/24 40 mph 44 mph 34 I-5 Southbound Off-ramp to Avenida Costa Azul 29,615 0.21 2/8/24 39 mph 42 mph Hermosa, Avenida Vista Primary Arterial
35 I-5 Southbound Off-ramp to Via Turqueza 27,005 0.38 40 mph 2/13/24 41 mph 44 mph 36 Via Turqueza to Camino Vera Cruz 22,358 0.35 2/13/24 45 mph 49 mph Hermosa, Avenida Vista Primary Arterial
37 Camino Vera Cruz to Avenida La Pata 17,223 0.5 45 mph 2/13/24 47 mph 51 mph 38 Avenida La Pata to Avenida Pico 24,500 0.5 45 mph 2/13/24 43 mph 46 mph La Pata, Avenida
39 Camino Del Rio to 16,278 Primary Arterial 0.4 1.04 55 mph 2/8/24 55 mph 60 mph No County of Orange Limit Line
La Pata, Avenida Primary Arterial
40 Camino Del Rio to Calle Saluda 24,400 1.14 2/13/24 45 mph 50 mph 41 Calle Saluda to Avenida Vista Hermosa 32,500 0.51 6/11/24 46 mph 51 mph 42 Avenida Vista Hermosa to Avenida Pico 24,756 Major Arterial 0.44 2/13/24 47 mph 52 mph No 43 Avenida Pico to Calle Del Cerro 11,300 0.36 2/15/24 46 moh 50 mph 44 Calle Del Cerro to South City Limit 5,426 0.47 2/13/24 47 mph 51 mph La Pedriza, Camino Collector
45 Avenida Vista Hermosa to Via Amor 7,470 0.62 2/8/24 39 mph 41 mph 46 Via Amor to Avenida Pico 4,000 0.55 2/14/24 40 mph 44 mph Mares, Camino De Los Major Arterial
47 Interstate 5 to Avenida Vaquero 31,739 0.59 1.04 35 mph 2/13/24 35 mph 39 mph 35 mph No Mares, Camino De Los
48 Avenida Vaquero to Camino Vera Cruz 19,000 Secondary Arterial 0.25 2/13/24 47 mph 51 mph 49 Camino Vera Cruz to East City Limit 4,586 Devided Collector 0.51 2/13/24 43 mph 47 mph Mira Costa, Camino Collector
50 Camino Capistrano to Camino De Estrella 6,591 0.40 1.04 35 mph 2/13/24 40 mph 43 mph 35 mph Montana, Avenida Vista Collector
51 Calle Del Cerro to Calle Del Cerro 4,273 0.25 1.11 35 mph 2/28/24 36 mph 40 mph 35 mph No Negocio, Calle Collector
52 Calle Amanecer to its terminus 3,973 0.73 1.11 35 mph 2/28/24 34 mph 39 mph 35 mph No Ola Vista, South Collector
53 Avenida Del Mar to Avenida Valencia 3,500 1.57 2/20/24 25 mph 28 mph 54 Avenida Valencia to Avenida Calafia 2,550 0.9 2/20/24 28 mph 31 mph Pastadero, Calle Collector
55 Avenida Vista Montana to its terminus 700 2.30 1.11 30 mph 2/20/24 30 mph 36 mph 30 mph No Pico, Avenida
56 El Camino Real to Calle De Los Molinos 12,628 Primary Arterial 0.87 2/14/24 37 mph 40 mph 57 Calle De Los Molinos to Cale Frontera / 31,915 Major Arterial 1.73 2/14/24 35 mph 39 mph Avenida Presidio
No

1.11 25 mph 25 mph No

1.04 35 mph 35 mph No

1.11 40 mph 40 mph No

1.04 45 mph 45 mph No

1.04 45 mph 45 mph
40 mph
45 mph
55 mph
35 mph No

1.04 No

1.04 No

1.04 40 mph No
25 mph
35 mph 35 mph No
35 mph
25 mph
40 mph
0_Speed Limits_summary_7.30.24.xlsx Page 2 of 3 123

CITY OF SAN CLEMENTE

CITYWIDE SPEED LIMITS

SUMMARY OF ENGINEERING AND TRAFFIC SURVEY
Updated June 2024
E&Ts
Page
No. Location ADT Street Classification
Accident
Rate1
Expected
Accident
Rate2
Posted
Speed Limit
Date of
Survey
Average
Speed
85th
Percentile
Speed
Recommended
Speed Limit Change
Pico, Avenida Major Arterial
58 Calle Frontera/Avenida Presidio to Amanecer 32,294 0.85 2/14/24 46 mph 50 mph 59 Calle Amanecer to Avenida La Pata 24,291 0.56 2/14/24 42 mph 47 mph Pico, Avenida Major Arterial
60 Avenida La Pata to Avenida Vista Hermosa 14,061 0.6 2/14/24 47 mph 51 mph 61 Avenida Vista Hermosa to East City Limit 11,230 1 2/14/24 48 mph 52 mph Portico Del Sur / Norte Collector
62 Camino de Los Mares to Camino de Los Mares 3,848 0 1.11 35 mph 2/21/24 37 mph 41 mph 35 mph No Presidente, Avenida Del Collector
63 Avenida Valencia to Avenida Calafia 2,344 2.06 2/22/24 33 mph 36 mph 64 Avenida Calafia to Cristianitos Road 4,742 1.11 2/22/24 32 mph 35 mph Presidio, Avenida Collector
65 El Camino Real to Calle Escuela 1,847 1.65 2/20/24 30 mph 33 mph 66 Calle Escuela to Avenida Pico 8,418 0.98 6/13/24 30 mph 32 mph Puerta del Sol / Hermosa, Avenida Vista Collector
67 Avenida Pico to Avenida Pico 3,026 0 1.11 30 mph 2/15/24 30 mph 33 mph 30 mph No Saluda, Calle Collector
68 Avenida La Pata to Avenida Fresas 7,688 0.36 2/15/24 40 mph 43 mph 69 Avenida Fresas to Avenida Talega 4,907 0.56 2/15/24 40 mph 44 mph Salvador, Avenida Collector
70 Avenida Presidio to Avenida San Pablo 1,951 1.44 1.11 25 mph 2/22/24 29 mph 33 mph 25 mph No San Pablo, Avenida Collector
71 San Gabriel to Avenida Acapulco 3,566 0.97 1.11 25 mph 2/14/24 26 mph 29 mph 25 mph No San Pablo, Avenida Collector
72 Avenida Acapulco to northerly terminus 2,311 0 1.11 35 mph 4/3/24 38 mph 43 mph 35 mph No Sarmentoso, Calle Collector
73 Camino Vera Cruz to Camino Del Rio 3,248 0.67 1.11 30 mph 6/11/24 35 mph 37 mph 30 mph No Talega, Avenida Primary Arterial
74 Avenida Vista Hermosa to Calle Saluda 7,830 0.2 1.04 35 mph 6/11/24 38 mph 42 mph 35 mph No Talega, Avenida Primary Arterial
75 Calle Saluda to East City Limit 6,252 0.36 1.04 40 mph 6/11/24 41 mph 46 mph 40 mph No Vaquero, Avenida Collector
76 Camino De Los Mares to Calle Guadalajara 6,596 1.76 2/13/24 34 mph 36 mph No 77 Calle Guadalajara to Calle Vista Torito 4,500 0.67 6/10/24 32 mph 35 mph 78 Calle Vista Torito to Camino Capistrano 10,600 0.47 6/12/24 32 mph 35 mph Vera Cruz, Camino Primary Arterial
79 Avenida Pico to Avenida Vista Hermosa 11,250 0.62 2/13/24 41 mph 44 mph 80 Avenida Vista Hermosa to Via Blanco 8,253 0.54 2/13/24 42 mph 45 mph Vera Cruz, Camino Divided Collector
81 Via Blanco to Camino De Los Mares 7,050 0.16 1.04 35 mph 2/13/24 41 mph 44 mph 35 mph No 1Accident Rate -Orange County Sheriff Data & Transportation Injury Mapping System (TIMS) from 1/1/2019 to 12/31/2021 2 Expected Accident Rate - 2021 Caltrans Crash Data

1.04 40 mph 40 mph No

1.11 35 mph 35 mph No

1.11 30 mph 30 mph

1.11 30 mph 30 mph No

1.11 25 mph 25 mph No

1.04 45 mph 45 mph No

1.04 50 mph 50 mph No
0_Speed Limits_summary_7.30.24.xlsx Page 3 of 3 124
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: September 17, 2024 Agenda Item: 10D.

Submitted By: Community Development
Prepared By: Andy Hall, City Manager
Adam Ataman, Community Development Director
Subject:
..titl e

CONSIDERATION OF A RESOLUTION TO INITIATE A ZONING AMENDMENT TO THE SAN

CLEMENTE MUNICIPAL CODE TO ENHANCE DEVELOPMENT STANDARDS RELATED TO

VISITOR-SERVING COMMERCIAL USES TO ENCOURAGE DEVELOPMENT THAT SUPPORT ..body S THE ECONOMIC DEVELOPMENT GOALS OF THE GENERAL PLAN Fiscal Impact:

There are fiscal impacts resulting from the cost for staff to draft an ordinance, and process an amendment through the Planning Commission prior to its return for City Council consideration.

Drafting an ordinance will involve costs for staff and legal counsel time, and required California Environmental Quality Act (CEQA) review, and such costs are estimated to be approximately $55,000. As part of the recommended actions, staff requests a supplemental appropriation to General Fund account #001-433-43890.

Summary:

For the City Council’s consideration, staff presents a resolution directing staff to initiate an amendment to San Clemente Municipal Code (SCMC) Title 17, Zoning (“Zoning Ordinance”), to enhance development standards related to visitor-serving commercial uses, including roof-top decks, and other accessory structures. The purpose of this amendment is to encourage commercial development that supports the economic development goals of the General Plan in certain areas where it can be demonstrated that such enhanced development would not have significant, negative impacts on residential neighborhoods. From various communications from individual City Council members, staff understands there is a desire from at least some of the City Council to better incentivize certain visitor-serving, commercial projects to achieve the City’s economic development goals. Staff has taken such communicated City Council desires and provided one potential example of enhanced zoning regulations, included as Attachment 2, and seeks City Council direction to clarify desired outcomes of such an amendment and inform the process moving forward.

Background:

San Clemente’s existing regulations, outlined in the City’s Zoning Ordinance, govern the use and development standards applicable within certain zones, including areas regulated by the City’s various specific plans. These development standards are designed to achieve the goals of future development described in the City’s General Plan. These goals include the preservation and enhancement of existing residential neighborhoods, the preservation of the City’s historic resources, encouraging vibrant and distinct commercial and mixed-use areas, architectural consistency and compatibility of in-fill development within existing developed areas, to name a 125
Meeting Date: September 17, 2024 Agenda Item: 10D.

CITY OF SAN CLEMENTE 2
few. Along with these development goals, the General Plan also includes policies to encourage economic development that is integrated within the existing business landscape and provides vitality to the business community.

Specific policies contained within the General Plan require the City to investigate the possibility to create new initiatives to achieve unmet General Plan goals. One such example is Economic Development Policy ED-3.03, Fiscal Benefits, which states: “We continuously seek ways to increase the net fiscal benefits from tourism and to efficiently allocate revenues to implement the economic development strategy.”
Additionally, Policy ED-4.05, Marblehead Coastal, states: “We require initiatives, investments, and development approvals for the Marblehead Coastal commercial area to contribute to the vision of the area as the primary shopping destination for regional and national chain retailers with lodging and restaurants that attract local and regional shoppers. If the Marblehead Coastal Development Plan is not realized by the expiration date specified in the Development Agreement, the City will initiate a new planning process for the area.” While the Development Agreement remains vested, this area’s development has been halted by changing economic conditions that could reasonably be determined to require new initiatives to achieve the General Plan’s unmet goals.

Furthermore, over the past few years, there have been a number of commercial projects that demonstrated a need to continually investigate the possibility of amending the Zoning Ordinance to reduce uncertainty for developers and streamline the zoning-permitting process. Such amendments could be tailored to better facilitate and encourage certain amenities that will foster responsible and beneficial commercial development. Potential amendments would also provide more clarity of allowable features, helping to reduce trepidation for those interested in investing in the community. This would be especially suited for commercial developments that are designed to avoid adverse impacts on existing residential neighborhoods.

Discussion:

Staff has considered the necessary components of an amendment to the Zoning Ordinance to achieve the City Council’s communicated desires to encourage and foster economicallybeneficial, visitor-serving, commercial development. Specifically, staff recommends a new Zoning Overlay District to accomplish the City Council’s desires. Such Overlay District could include the following parameters, which are more fully described in Attachment 2:
 Applicability: The provisions proposed would apply to properties on the west side of Interstate 5 in proximity to the Vista Hermosa Freeway Interchange (VHFI) that are outside of the Coastal Zone.
 Project Enhancements: Allow for enhancements of certain regulations contained in the underlying zoning and specific plan, to include:
o Expedited City-permit processing
o Additional directional signage to ensure efficient traffic circulation o Reduced building setbacks, when necessary to improve vehicle circulation o Roof-top decks and patios exceeding underlying height limits 126
Meeting Date: September 17, 2024 Agenda Item: 10D.

CITY OF SAN CLEMENTE 3
o Sound walls and noise attenuation devices to reduce impacts from freeway noise and dust on applicable commercial projects.

Other options are available, as well, which staff has reviewed and determined to be less optimal at timely achieving the City Council’s desires. These options include a Zoning Amendment to SCMC Chapter 17.24, General Development Standards, which would make such enhancements applicable City-wide in applicable districts. For this, and other similar, types of amendments, the environmental review process would be extended to encompass the additional review required.

Additionally, more time would be required to identify strategies to ensure that City-wide regulations would not inadvertently apply to areas that have the potential to create adverse impacts on neighboring residential areas or negatively impact adjacent businesses.

After City Council initiation, staff will develop the requested amendment. The Planning Commission will review the proposed amendment and provide a recommendation to the City Council. The City Council will be the final hearing body for the Zoning Amendment.

Council Options:
 Adopt Resolution No. 24-144 to initiate a zoning amendment to enhance development standards related to visitor-serving commercial uses, including roof-top decks, and other accessory structures, to encourage development that supports the economic development goals of the General Plan in certain areas that can be demonstrated to have a low-impact on residential neighborhoods.
 Modify and then adopt Resolution No. 24-144. Modification could include directing staff to draft an amendment that applies to areas beyond the VHFI, or specifies fewer or more development enhancements.
 Continue the item with the direction to staff to provide additional information.  Do not approve Resolution No. 24-144. This action will result in no new ordinance being drafted to enhance and encourage visitor-serving commercial development, thereby leaving existing SCMC provisions in place unamended.

Environmental Review/Analysis:

The initiation of an amendment of an ordinance does not qualify as a "project" under the California Environmental Quality Act (CEQA) because it only involves the work of staff to draft such an ordinance for future City Council consideration and has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment (State CEQA Guidelines, § 15378, subd. (a)). The action merely provides approval to allocate staff time to draft a potential ordinance, and does introduce any new activities or changes that could affect the environment. The proposed ordinance itself after being drafted would go through the appropriate environmental review.

However, if the attached resolution is approved, staff would be required to conduct an environmental assessment under CEQA and such final determination would be made by the City Council upon consideration of the proposed zoning amendment. It is not clear at this time what 127
Meeting Date: September 17, 2024 Agenda Item: 10D.

CITY OF SAN CLEMENTE 4
type of CEQA document would be required, as that will be a function of City Council’s direction on how to proceed with the proposed project.

Recommended Actions:

STAFF RECOMMENDS that the City Council adopt Resolution No. 24-144, which would direct staff to do the following:

1. Initiate an amendment to the Zoning Ordinance to establish enhanced development standards related to visitor-serving commercial uses, including roof-top decks, and other accessory structures, to encourage development that supports the economic development goals of the General Plan in certain areas that can be demonstrated to have a low-impact on residential neighborhoods; and

2. Authorize a supplemental appropriation from General Fund unassigned fund balance to account #001-433-43890 (other contractual services) for $55,000 to cover the costs for staff and legal counsel review, and processing of required CEQA analysis. ..recommendation ..end
Attachments:

1. Proposed Resolution No. 24-144

2. Example Zoning Amendment, new SCMC Overlay District Chapter 17.56.130 Notification:

None.
128
ATTACHMENT 1
RESOLUTION NO. 24-144

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, TO INITIATE AN

ORDINANCE TO AMEND THE SAN CLEMENTE MUNICIPAL

CODE TO ENHANCE DEVELOPMENT STANDARDS

RELATED TO VISITOR-SERVING COMMERCIAL USES,

INCLUDING ROOF-TOP DECKS, AND OTHER ACCESSORY

STRUCTURES, TO ENCOURAGE DEVELOPMENT THAT

SUPPORTS THE ECONOMIC DEVELOPMENT GOALS OF

THE GENERAL PLAN
WHEREAS, San Clemente’s land development regulations, specified in the San Clemente Municipal Code, Chapter 17, Zoning, govern the use and development standards applicable within certain zones, including areas regulated by the City’s various specific plans, and are designed to achieve the goals of future development described in the City’s General Plan; and
WHEREAS, the goals of the City’s General Plan include the preservation and enhancement of existing residential neighborhoods, the preservation of the City’s historic resources, encouraging vibrant and distinct commercial and mixed-use areas, architectural consistency and compatibility of in-fill development within existing developed areas, among others; and
WHEREAS, the City’s General Plan includes Economic Development Policy ED3.03, Fiscal Benefits, which states: “We continuously seek ways to increase the net fiscal benefits from tourism and to efficiently allocate revenues to implement the economic development strategy”; and
WHEREAS, the City’s General Plan includes Economic Development Policy ED4.05, Marblehead Coastal, states: “We require initiatives, investments, and development approvals for the Marblehead Coastal commercial area to contribute to the vision of the area as the primary shopping destination for regional and national chain retailers with lodging and restaurants that attract local and regional shoppers. If the Marblehead Coastal Development Plan is not realized by the expiration date specified in the Development Agreement, the City will initiate a new planning process for the area.” While the Development Agreement remains vested, this area’s development has been halted by changing economic conditions, which are determined to require new initiatives to achieve the General Plan’s unmet goals; and
WHEREAS, the City Council desires to better incentivize certain visitor-serving, commercial projects to achieve the City’s economic development goals by enhancing development standards related to visitor-serving commercial uses, including roof-top decks, and other accessory structures.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby resolve as follows:
129
Resolution No. 24-144 Page 2
Section 1. That the above recitations are true and correct and incorporated fully herein.

Section 2. That the City Council hereby directs staff to initiate an ordinance to amend the San Clemente Municipal Code to establish enhanced development standards related to visitor-serving commercial uses, including roof-top decks, and other accessory structures, to encourage development that supports the economic development goals of the General Plan in certain areas that can be demonstrated to have a low-impact on residential neighborhoods, in a fashion similar to that provided in Attachment 2 of the Agenda Report, entitled, “CONSIDERATION OF A RESOLUTION TO INITIATE A ZONING AMENDMENT

TO THE SAN CLEMENTE MUNICIPAL CODE TO ENHANCE DEVELOPMENT

STANDARDS RELATED TO VISITOR-SERVING COMMERCIAL USES, INCLUDING

ROOF-TOP DECKS, AND OTHER ACCESSORY STRUCTURES, TO ENCOURAGE

DEVELOPMENT THAT SUPPORTS THE ECONOMIC DEVELOPMENT GOALS OF THE GENERAL PLAN,” dated September 17, 2024.

Section 3. That the City Council hereby directs staff conduct the appropriate environmental review pursuant to the California Environmental Quality Act (CEQA).

Section 4. That the City Council hereby authorizes and directs staff to make a supplemental appropriation to General Fund account #001-433-43890 for $55,000 to cover the costs for staff and legal counsel review, and processing of required CEQA analysis.

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
130
Resolution No. 24-144 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. 24-144 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
131
Attachment 2

17.56.130 – Vista Hermosa Freeway Interchange [VHFI] Overlay.

A. Purpose and Intent. It is the purpose and intent of the Vista Hermosa Freeway Interchange (VHFI]) Overlay to encourage the most effective use of uniquely situated commercial property in a manner that allows development projects to take advantage of a prime location to realize an economic return that will benefit the entire community without significant impacts on surrounding properties.

B. Applicability. The provisions in this section apply to properties on the west side of Interstate 5 in proximity to the VHFI, as indicated on the map below. These provisions are intended to complement and enhance the underlying zoning and Marblehead Coastal Specific Plan. If there is conflict between this Overlay Zone and any other provision of the San Clemente Municipal Code, Zoning Ordinance or Specific Plan, the provisions of this Overlay Zone shall prevail to the extent that they are consistent with the General Plan.

Except as specifically indicated herein, all other provisions of the San Clemente Municipal Code, General Plan, Zoning Ordinance, or Specific Plan shall apply.

C. Project Enhancements Allowed. The following project enhancements are expressly allowed in the VHFI Overlay and only in the manner provided below:

1. Expedited Processing. Successful commercial projects in the VHFI Overlay area will benefit the entire community through revenue generation that can be used to provide public safety services, maintenance of community resources, and economic development support. Therefore, project applications in the VHFI Overlay area will be given high priority by staff and scheduling priority by the Planning Commission or any other body reviewing the application.

2. Directional Signage. In addition to allowable project signage, projects in the VHFI Overlay area will be allowed to provide additional signage deemed necessary for efficient traffic circulation in the high traffic area of a freeway interchange. This enhancement is intended to improve traffic safety and circulation and the request for additional signage should demonstrate how the signage will achieve the intended purpose.

3. Location Specific Enhancements. The property in the VHFI Overlay area is ideally situated near a freeway interchange, in the proximity of a large commercial center (The Outlets at San Clemente), with potential ocean views, and high traffic volumes.

These attributes, when properly incorporated into project development, can create project interest, viability, and sustainability. To capitalize on these attributes, the following enhancements are specifically allowed in the VHFI Overlay area:
a. Reduced Set Backs. Site design near freeway interchanges is complex.

In order to properly accommodate traffic patterns, improve the safety of pedestrian facilities, and expand vehicular site lines, the placement of structures on the site is critical. Projects in the VHFI Overlay area can be modified when it can be demonstrated that reduced setbacks can improve the overall site design. b. Roof top decks and patios. Structures in the VHFI Overlay area may implement a roof top deck or patio that exceeds the allowable building height provided the following regulations are satisfied:
 The surface on which the roof top deck or patio is situated must be in compliance with all other height requirements of the underlying zoning district or Specific Plan.
132
 The roof top deck or patio may not be enclosed, except that an enclosed kitchen or bar area may be allowed that is demonstrated to be no larger than necessary to serve the roof top deck or patio area; an elevator shaft providing access to the roof top deck or patio may be enclosed; and bathrooms no larger than necessary to serve the roof top deck or patio area may be enclosed.
 All enclosed areas allowed above must incorporate the architectural features employed in the remainder of the building.
 A roof top deck or patio must be situated in a manner that allows the intended locational enhancement, such as ocean views, that will minimize impacts on surrounding properties. In other words, the rooftop deck or patio shall be placed on the western side of the structure with views toward the ocean.
c. Sound walls and Noise Attenuation. Projects near interstate freeways are often subjected to noise, dust and other impediments associated with their location near major roadways. Projects in the HVFI Overlay area are eligible to propose sound walls or other attractive barriers that are consistent and complementary to the primary structures within the project. 133
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: September 17, 2024 Agenda Item: (1)
134
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers

CITY OF SAN CLEMENTE
Tuesday, September 3, 2024
City Council
Regular Meeting Minutes
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting
Mayor Cabral
Mayor Pro Tem Enmeier
Councilmember Duncan
Councilmember Knoblock
Councilmember Loeffler
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Regular Meeting of the San Clemente City Council was called to order by Mayor Cabral on September 3, 2024 at 5:01 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral STAFF PRESENT: Andy Hall, City Manager; Elizabeth Mitchell, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk

CLOSED SESSION
Ms. Martin, San Clemente, urged the City Council to accept the settlement agreement for Ruth Martin v. City of San Clemente, Orange County Superior Court Case No. 30-2023-01332706-CU-MC-CXC.

Motion by Mayor Pro Tem Enmeier, second by Councilmember Knoblock, CARRIED 5-0, to recess to Closed Session at 5:02 p.m. to discuss the following:

A. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION

1. Facts and circumstances per Government Code section 54956.9(e)(2):

Alleged violation of the Ralph M. Brown Act as set forth in the August 21, 2024 letter from Edward R. Kweskin.

2. Facts and circumstances per Government Code section 54956.9(e)(1):

Facts and circumstances that might result in litigation against the City that the City believes are not yet known to a potential plaintiff or plaintiffs.

B. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION

1. Case Name: Brian Dick, et al. v. City of San Clemente, et al., Orange County Superior Court Case No.:30 2024 01406991 CU WM CXC.

135
City Council Regular Meeting Minutes September 3, 2024

2. Case Name: Harbor View Estates Homeowners Association v. City of San Clemente, Orange County Superior Court Case No. 30 2024 01371169 CU WM CXC.

3. Case Name: City of San Clemente v. Alfie Shahid, et al., Orange County Superior Court Case No. 30 2024 01381591 CU MC CJC.

4. Case Name: Ruth Martin v. City of San Clemente, Orange County Superior Court Case No. 30 2023 01332706 CU MC CXC.

5. Case Name: Freda Philomena D’Souza v. City of San Clemente, et al., U.S. District Court, Central District of California, Case No. 8:20 CV 01863 JVS DFM.

6. Case Name: Peggy Burke v. City of San Clemente, et al., Orange County Superior Court Case No. 30 2023 01303894 CU PO CJC.

7. Case Name: Priscilla Mejia v. City of San Clemente, et al., Orange County Superior Court Case No. 30 2023 01343945 CU PO CJC.

8. Case Name: Kenneth Elsner v. City of San Clemente, Chad Biggs, et al., Orange County Superior Court Case No. 30 2023 01344114 CU PA CJC.

9. Case Name: Sarah Altuwaijri v. Capistrano Unif. School Dist., et al., Orange County Superior Court Case No. 30 2024 01406593 CU PO NJC.

10.Case Name: Scott Smith v. City of San Clemente, Orange County Superior Court Case No. 30 2024 01409991.

11.Case Name: Gene James v. City of San Clemente, Orange County Superior Court Case No. 30 2024 0143140 CU OE CJC.

12.Case Name: Kristen Nelson v. GC 8, LLC, et al., Orange County Superior Court Case No. 30 2023 01334251 CU OR CJC.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
Closed Session concluded at 5:50 p.m.

BUSINESS MEETING
The Business Meeting reconvened at 6:01 p.m. with all City Councilmembers present.

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

PLEDGE OF ALLEGIANCE
San Clemente Water Polo Boys U10 Team led the Pledge of Allegiance.

1. Special Presentations
A. City of San Clemente Blue City Certification
Ashley Pries, Chief City Liaison, Blue City Network presented a Certificate to the City in recognition of being named a Certified Blue City, Tier 2 Ocean Champion.

B. San Clemente Water Polo Club Junior Olympics Medalists Mayor Cabral and the City Council presented commendations to the San Clemente Water Polo Club Junior Olympics Medalists in recognition of the 10U Boys Team winning the Gold Medal and 10U Girls Team winning the Silver Medal.

2. Council Member Reports
Mayor Cabral reported:
· That the California League of Cities held an election at its recent meeting and he was elected to 5th District Representative to the California League of Cities Board.
· Attended the San Clemente Chamber of Commerce ribbon cutting event for Sylvester’s Italian Chophouse in North Beach on August 23, 2024. · Attended meetings with the Army Corps of Engineers and Congressman Levin to discuss the Sand Replenishment Project.
· Met with Hoag Hospital concerning the development of a project in the City. · Attended an emergency meeting at the San Onofre Nuclear Generating Station (SONGS) to discuss two low-level violations.
· Met with the Be Well Organization concerning their new facility in Irvine and services that will become available to the City of San Clemente to address homelessness and mental health.
· Attended the Orange County Transportation Authority (OCTA) Regional Meeting to provide input on their Coastal Rail Resiliency project. · Met with California State Parks concerning the continuation of the lease for San Onofre State Beach and San Mateo Campground.
· Announced he attended the San Clemente High School home opener football game.
· Announced the New York Times article featuring San Clemente efforts to address homelessness in the City.
· Reported on the ongoing North Beach sand replenishment project.

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Councilmember Loeffler reported:
· Announced the upcoming Friends of San Clemente Beaches, Parks and Recreation Carnival on October 10 -13, 2024.

Councilmember Knoblock reported:
· Attended the Family Assistance Ministries ribbon cutting at their new location on August 29, 2024.
· Attended a video conference with Manson Engineering (company contracted to perform the Army Corps of Engineering sand replenishment project) to discuss alternative means of getting sand on San Clemente Beaches on August 27, 2024.

Mayor Pro Tem Enmeier reported:
· Attended a meeting concering E-Bike Safety on August 27, 2024. · Attended Supervisor Foley’s Elected Officials Homelessness Roundtable meeting on August 29, 2024 concerning action the County is taking to address homelessness.
· Reported that the Coastal Cities Group Leadership Committee met on August 22, 2024 to discuss California legislation as it relates to impacts on coastal communities.

Councilmember Duncan reported:
· That the City is hosting the World Surf League (WSL) Finals at Lower Trestles on September 6 -14, 2024.
· Announced the WSL Role Model Event at Stance Headquarters with local surfers on Wednesday, September 4, 2024; encouraged the community to attend.

3. Oral Communications (Part 1)
Lois McNicoll spoke on comments made by Councilmember Loeffler at the August 30, 2024 Community Coffee Chat held at the Senior Center on August 30, 2024.

Wayne Eggleston expressed concerns on activity in the Pier Bowl; urged the City Council to take action to establish a free speech zone, address sidewalk solicitation and homelessness.

Caterina Mashburn, San Clemente, commented on the need for a free speech zone in the Pier Bowl; urged the City Council to address issues with amplified sound and sidewalk solicitation.

Cari West expressed concerns regarding homelessness at the San Clemente Pier late at night.

Frank Villavazo, San Clemente, commented on noise issues and aggressive behavior by individuals in the Pier Bowl as it relates to impacts to his business,

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San Clemente Cove Resort.

Diane Marino, San Clemente, expressed safety concerns regarding the prohibition of turning left onto Santa Clara from Avenida Vista Montana.

Aaron Washington, San Clemente, recognized the City for placing flags on the San Clemente Pier in memory of the 13 United States service members who lost their lives on August 26, 2021 at Hamid Karzai International Airport's Abbey Gate in Kabul, Afghanistan.

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

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

5. Consideration of agendizing items requiring immediate action None.

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

Direction given, no reportable action concerning:

1. Facts and circumstances per Government Code section 54956.9(e)(2):

Alleged violation of the Ralph M. Brown Act as set forth in the August 21, 2024 letter from Edward R. Kweskin.

2. Facts and circumstances per Government Code section 54956.9(e)(1): Facts and circumstances that might result in litigation against the City that the City believes are not yet known to a potential plaintiff or plaintiffs.

No reportable action concerning:

1. Case Name: Brian Dick, et al. v. City of San Clemente, et al., Orange County Superior Court Case No.:30-2024-01406991-CU-WM-CXC.

2. Case Name: Harbor View Estates Homeowners Association v. City of San Clemente, Orange County Superior Court Case No. 30-2024-01371169 -CU-WM-CXC.

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Direction given, no reportable action concerning:

4. Case Name: Ruth Martin v. City of San Clemente, Orange County Superior Court Case No. 30-2023-01332706-CU-MC-CXC.

No reportable action concerning:

11.Case Name: Gene James v. City of San Clemente, Orange County Superior Court Case No. 30-2024-0143140-CU-OE-CJC.

7. Staff Communications
None.

8. Public Hearings
8A. CONSIDERATION OF A RESOLUTION REVISING AMBULANCE

TRANSPORT FEE RATE AND ADOPTION SCHEDULE
Mayor Cabral opened the Public Hearing.

Finance Manager Rahn reviewed the contents of the Administrative Report and responded to City Council inquiries.

There being no one desiring to speak, Mayor Cabral closed the Public Hearing.

Motion by Councilmember Duncan, second by Councilmember Loeffler, CARRIED 5-0, to adopt Resolution No. 24-136 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING

A REVISED AMBULANCE TRANSPORT FEE RATE AND ADOPTION
SCHEDULE AND REPEALING RESOLUTION NO. 16-31, AS IT RELATES TO AMBULANCE TRANSPORT FEES.

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

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8B. CONTINUANCE OF NO ACTION ON CONDITIONAL PERMIT 1021 RELATED TO THE PROPERTY LOCATED AT 616 DEL DIOS, ASSESSOR’S PARCEL NUMBER 690-552-05
Mayor Cabral opened the Public Hearing.

There being no one desiring to speak, Mayor Cabral closed the Public Hearing.

Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to continue the abeyance of the revocation of Conditional Permit 1021 until November 19, 2024, which would maintain the status quo until that date.

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

9. Unfinished Business
None.

10. New Business
10A. CONSIDERATION OF A RESOLUTION AWARDING SPORTS PARTNERSHIP

STATUS FOR THE FALL/WINTER PRIMARY SEASON SPORTS
Beaches, Parks and Recreation Director Wylie reviewed the contents of the Administrative Report and responded to City Council inquiries.

Motion by Mayor Pro Tem Enmeier, second by Councilmember Loeffler, CARRIED 5-0, to:

Adopt Resolution No. 24-137, which will:

1. Grant Tier I Recreational Sports Partnership Status to American Youth Soccer Organization Region 111 for a one year term.

2. Grant Tier I Recreational Sports Partnership Status to Elite Soccer League for a three year term.

3. Grant Tier I Recreational Sports Partnership Status to South Coast Youth Football for a three year term.

4. Approve, and authorize the Beaches, Parks & Recreation Director to execute, Contract No. C24-49, Recreation Sports Partnership Agreement, by and between the City of San Clemente and American Youth Soccer Organization Region 111, Tier I Recreational Sports Partnership Status, for a one year term with an option to re qualify for a Tier I after year 1 of the Agreement.

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5. Approve, and authorize the Beaches, Parks & Recreation Director to execute, Contract No. C24-50, Recreation Sports Partnership Agreement, by and between the City of San Clemente and Elite Soccer League, Tier I Recreational Sports Partnership Status, for a three year term.

6. Approve, and authorize the Beaches, Parks & Recreation Director to execute, Contract No. C24-51, Recreation Sports Partnership Agreement, by and between the City of San Clemente and South Coast Youth Football, Tier II Recreational Sports Partnership Status, for a three year term.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
10B. CONSIDERATION OF RESOLUTION AWARDING AQUATICS PARTNERSHIP STATUS
Beaches, Parks and Recreation Director Wylie reviewed the contents of the Administrative Report and responded to City Council inquiries.

Ellie Servais, San Clemente, spoke in support of San Clemente Water Polo team having Senior Partner status; commented on the positive impacts of the San Clemente Water Polo team on the youth in the community.

Logan Powell, San Clemente, spoke in support of the partnership agreement with the City.

Motion by Councilmember Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to:

Adopt Resolution No. 24-138, which will:

1. Establish general guidelines for the allocation and management of municipal pools concerning the partnerships.

2. Approve an exception to Aquatics Partnership Policy to allow for the San Clemente Aquatic Team to maintain its Senior Partner status granted in 2022 for an additional two years, expiring in December 2025.

3. Approve, and authorize the Beaches, Parks & Recreation Director to execute, a Senior Partnership Agreement (Contract No. C24-52), by and between the City of San Clemente and the San Clemente Water Polo Club, for a term of one year.

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

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10C. CONSIDERATION OF PUBLIC ART INSTALLATION - SAN CLEMENTE

LIFEGUARD MONUMENT AND FINDING THE PROJECT CATEGORICALLY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER CLASS 3
Beaches, Parks and Recreation Director Wylie narrated a PowerPoint presentation entitled "Consideration of Public Art Installation - San Clemente Lifeguard Monument" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Greg Hulsizer narrated a PowerPoint presentation entitled "San Clemente Lifeguard & Junior Guard Foundation Community Touchstone Sculpture Proposal". A hard copy of the presentation is on file with the City Clerk.

Rick Delanty, San Clemente, displayed a photograph of the proposed statue sculptor, Bill Limebrook's work. Hard copies of the photograph are on file with the City Clerk.

Jim Kempton commented on the community support for the San Clemente Lifeguard Monument.

Motion by Councilmember Duncan, second by Mayor Pro Tem Enmeier, to:

Adopt Resolution No. 24-139, which will:

1. Find the project categorically exempt from the California Environmental Quality Act (“CEQA”) under Class 3, Section 15303 of the state CEQA Guidelines (14 CCR 15303).

2. Conditionally approve the installation of the San Clemente Lifeguard monument in the Parque Del Mar/Pier Bowl area, noted in Exhibit A, subject to the approval of or waiver from the California Coastal Commission and entry into an installation and maintenance agreement with the San Clemente Lifeguard and Junior Lifeguard Foundation.

3. Direct staff to proceed with an application to the California Coastal Commission.

4. Direct and authorize the City Manager to negotiate and execute an installation and maintenance agreement with the San Clemente Lifeguard and Junior Lifeguard Foundation in a form approved by the City Attorney that provides for the installation and ongoing care and maintenance of the monument to be provided by the San Clemente Lifeguard and Junior Lifeguard Foundation at no cost to the City.

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Substitute motion by Councilmember Knoblock, second by Mayor Cabral, FAILED 2-3 (Council members Duncan, Enmeier and Loeffler voting NOE) to:

Adopt Resolution No. 24-139, which will:

1. Find the project categorically exempt from the California Environmental Quality Act (“CEQA”) under Class 3, Section 15303 of the state CEQA Guidelines (14 CCR 15303).

2. Conditionally approve the installation of the San Clemente Lifeguard monument in the Parque Del Mar/Pier Bowl area, noted in Exhibit A, subject to the approval of or waiver from the California Coastal Commission and entry into an installation and maintenance agreement with the San Clemente Lifeguard and Junior Lifeguard Foundation.

3. Direct staff to proceed with an application to the California Coastal Commission.

4. Direct and authorize the City Manager to negotiate and execute an installation and maintenance agreement with the San Clemente Lifeguard and Junior Lifeguard Foundation in a form approved by the City Attorney that provides for the installation and ongoing care and maintenance of the monument to be provided by the San Clemente Lifeguard and Junior Lifeguard Foundation at no cost to the City.

5. With additional language included in the agreement establishing an initial five-year term for development of the Lifeguard Monument; addition of a required annual report to be presented to the City Council concerning the progress of the Lifeguard Monument project; a provision that the City Council would reserve the right to extend the term of development at a later date as determined by the progress of the Lifeguard Monument.

AYE: Knoblock and Mayor Cabral
NOE: Duncan, Enmeier and Loeffler
The original motion by Councilmember Duncan, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 24-139, which will:

1. Find the project categorically exempt from the California Environmental Quality Act (“CEQA”) under Class 3, Section 15303 of the state CEQA Guidelines (14 CCR 15303).

2. Conditionally approve the installation of the San Clemente Lifeguard monument in the Parque Del Mar/Pier Bowl area, noted in Exhibit A, subject to the approval of or waiver from the California Coastal Commission and entry into an installation and maintenance agreement with the San Clemente

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Lifeguard and Junior Lifeguard Foundation.

3. Direct staff to proceed with an application to the California Coastal Commission.

4. Direct and authorize the City Manager to negotiate and execute an installation and maintenance agreement with the San Clemente Lifeguard and Junior Lifeguard Foundation in a form approved by the City Attorney that provides for the installation and ongoing care and maintenance of the monument to be provided by the San Clemente Lifeguard and Junior Lifeguard Foundation at no cost to the City.

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

11. Consent Calendar
A. City Council Minutes
Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:
(1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF AUGUST 20, 2024.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
B. Commission/Committee Minutes
Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to receive and file the following:
(1) PLANNING COMMISSION REGULAR MEETING MINUTES OF AUGUST 21, 2024.
(2) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF AUGUST 22, 2024.

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

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C. Warrant Register
Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:
(1) APPROVE WIRE TRANSFER NOS.
3091 THROUGH 3095 AND WARRANT NOS.
598399 THROUGH 598577, PAID ON
8-2-24, IN THE AMOUNT OF $1,655,721.29
(2) APPROVE WIRE TRANSFER NOS.
3096 THROUGH 3099 AND WARRANT NOS.
598578 THROUGH 598738, PAID ON
8-9-24, IN THE AMOUNT OF $4,358,302.92
(3) APPROVE WIRE TRANSFER NOS.
3100 THROUGH 3101 AND WARRANT NOS.
598739 THROUGH 598909, PAID ON
8-16-24, IN THE AMOUNT OF $1,031,103.05
TOTAL WARRANT REGISTER $7,045,127.26
AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
Payroll Register
Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to approve:

WARRANT NOS. 944 THROUGH 945 AND
AUTOMATIC DEPOSIT ADVISES 96280
THROUGH 96672, FOR THE PERIOD
7-22-24 THROUGH 8-4-24, PAID
ON 8-9-24, IN THE AMOUNT OF $586,342.60
TOTAL PAYROLL REGISTER $586,342.60
AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None

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ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION
11D. ADOPT ORDINANCE NO. 1778 (SECOND READING) - REGULATING THE

OPERATION AND USE OF ELECTRIC BICYCLES AND OTHER ELECTRIC

TRANSPORTATION DEVICES AND FINDING THE ORDINANCE NOT

SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Susan Ambrose distributed a handout with municipal code section 12.32.130; opined that the language in Municipal Code section 12.32.130 should be incorporated into the Ordinance. A hard copy of the handout is on file with the City Clerk
Motion by Councilmember Duncan, second by Councilmember Knoblock, CARRIED 5-0, to:

1. Adopt Ordinance No. 1778 entitled AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SAN CLEMENTE MUNICIPAL CODE TITLE 10 - VEHICLES AND
TRAFFIC, ADDING CHAPTER 10.62 TO ESTABLISH REGULATIONS FOR

THE OPERATION AND USE OF ELECTRIC BICYCLES AND OTHER

FORMS OF ELECTRIC TRANSPORTATION AND FINDING THE

ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.

2. Refer this item to the Public Safety Committee for further review and determination of whether or not an adjustment is necessary to the passenger provision of the Ordinance after a review of three months of enforcement.

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

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11E. ADOPT ORDINANCE NO. 1779 (SECOND READING) - AMENDING CHAPTERS 8.86 AND 12.18 OF THE SAN CLEMENTE MUNICIPAL CODE

RELATING TO PUBLIC CAMPING AND PUBLIC STORAGE OF PERSONAL

PROPERTY TO ADDRESS CHANGES IN LAW BROUGHT ABOUT BY CITY OF GRANTS PASS, OREGON V. JOHNSON, ET AL
Tom Streeter, San Clemente, narrated a PowerPoint presentation concerning enforcement of Ordinance 1779. A hard copy of the presentation is on file with the City Clerk.

Motion by Mayor Pro Tem Enmeier, second by Councilmember Knoblock, CARRIED 5-0, to adopt Ordinance No. 1779 entitled AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, COUNTY OF ORANGE, CALIFORNIA, AMENDING CHAPTERS 8.86 AND 12.18 OF THE SAN

CLEMENTE MUNICIPAL CODE RELATING TO PUBLIC CAMPING AND

PUBLIC STORAGE OF PERSONAL PROPERTY TO ADDRESS CHANGES IN LAW BROUGHT ABOUT BY CITY OF GRANTS PASS, OREGON V.

JOHNSON, ET AL., 144 S.Ct. 2202 (2024) AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

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

12. Oral Communications (Part 2)
None.

13. Future Agenda Items
Overgrown Thistle in Open Space
Councilmember Duncan, with the support of the City Council, agendized for the September 17, 2024 City Council meeting consideration of options to address overgrown thistle in San Clemente open space areas in order to mitigate the resulting impacts on the community.

Pier Bowl Enforcement - Free Speech Zone and Sidewalk Solicitation Councilmember Loeffler, with the support of Mayor Cabral and Mayor Pro Tem Enmeier, agendized review of enforcement in the Pier Bowl area including free speech zones, amplified sound and sidewalk solicitation.

Resident Parking Program - Max Berg Plaza Park
Councilmeber Loeffler, with the support from Mayor Cabral and Councilmember Knoblock, agendized consideration of a resident parking program near and around Max Berg Plaza Park.

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14. Reports
A. Commissions and Committees
Orange County Fire Authority (OCFA) Division 3 Social Media Program Councilmember Duncan announced that Orange County Fire Authority (OCFA) Division 3 is expanding its social media program; encouraged the community to follow OCFA Division 3 on social media to get important updates and tips.

B. Council Subcommittee Updates
None.

C. City Attorney
None.

D. City Manager
Upcoming High Level Financial Review/Budget Status Update City Manager Hall announced that he will provide a report at the September 17, 2024 City Council meeting concerning the prioritization of projects in the City as it relates to the budget.

City Contracts Executed Under the City Manager's Authority City Manager Hall announced he executed the following contracts:

1. LGC Geotechnical providing for the Avenida Columbo
Inclinometer/Geotechnical Investigation in the amount of $43,000.

2. Fairbank, Maslin, Maulin, Metz & Associates providing for a resident research survey in the amount of $36,500.

3. Ceto Consulting, LLC providing for analysis of financial resilience opportunities in the amount of $21,000.

4. Galvin Preservation Associates, Inc. First Amendment for Environmental Consulting Services for Hotel Clemente and Loretta's Restaurant in an amount not to exceed $21,211.60.

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City Council Regular Meeting Minutes September 3, 2024

15. Adjournment
Motion by Councilmember Loeffler, second by Councilmember Knoblock, CARRIED 5-0, to adjourn in memory of Lynna Youngerman at 8:30 p.m. The next Regular Meeting will be held on September 17, 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

150
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: September 17, 2024 Agenda Item: (1)

..ag endizedby
..end
Subject:
..titl e
PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF JUNE 25, 2024 ..body ..recommendation
..end
151
152
153
154
155
156
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: September 17, 2024 Agenda Item: (2)

..ag endizedby
..end
Subject:
..titl e
PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF JULY 23, 2024 ..body ..recommendation
..end
157
158
159
160
161
162
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: September 17, 2024 Agenda Item: (1)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3102 through 3106 and Warrant Nos.
598910 through 599051, paid on
8-23-24, in the amount of $7,249,205.97
..end
163
164
165
166
167
168
169
170
171
172
173
174
175
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: September 17, 2024 Agenda Item: (2)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3107 through 3110 and Warrant Nos.
599052 through 599207, paid on
8-30-24, in the amount of $2,554,875.87
TOTAL WARRANT REGISTER $9,804,081.84 ..end
176
177
178
179
180
181
182
183
184
185
186
187
188
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: September 17, 2024 Agenda Item:
..ag endizedby
..end
Subject:
..titl e
Warrant Nos. 946 through 948 and
Automatic Deposit Advises 96673
through 97050, for the period
8-5-24 through 8-18-24, paid
on 8-23-24, in the amount of $565,223.43
TOTAL PAYROLL REGISTER $565,223.43 ..end
189
190
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 17, 2024 Agenda Item: 11D.

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

CONSIDERATION OF A RESOLUTION REJECTING ALL BIDS FOR THE LIFEGUARD TOWERS REPLACEMENT (2024), CIP PROJECT NO. 22104 ..body Fiscal Impact:

If bids are rejected as proposed, there would be no fiscal impact with the exception of the nominal costs of modifying and reissuing the bid documents based on a revised scope of work.

Summary:

Before the City Council is the Resolution 24-145 rejecting all bids for the Lifeguard Towers Replacement. This will allow re-scoping the bid package and re-bidding the project with a scope of work that will better fit City lifeguard and public safety needs.

Background:

The beaches in San Clemente accommodate approximately

2.6 million visitors each year. The Marine Safety
Department is responsible for the provision of visitor safety and water related lifeguard services. To maintain and
enhance emergency responses, Lifeguard Towers are
utilized by staff for improved visibility and containment of safety equipment. Currently, lifeguards utilize 11 towers, ten wooden and one fiberglass, of which, nine are nearing the end of their useful life.

San Clemente Pier
Lifeguard Tower Locations
191
Meeting Date: September 17, 2024 Agenda Item: 11D.

CITY OF SAN CLEMENTE 2
Staff prepared a bid package for the replacement of four Lifeguard Towers plus three alternate towers, notified local contractors, and advertised the project for competitive bidding on the PlanetBids website and in the SC Times. Five bids were received on November 28, 2023, ranging from $141,200 to $749,405, as shown below:

Vendor Name City State Bid Amount
Alternate Bid
Amount
Tony Cossi Construction San Diego CA $141,200.00 $98,250.00 U.S. Builders & Consultants Irvine CA $288,800.00 $220,000.00 At Your Service Construction &
Energy Inc Encino CA $330,000.00 $185,000.00
Thompson General Construction Carlsbad CA $432,000.00 $302,000.00 Kaptive Construction &
Preservation Los Angeles CA $749,404.80 $471,811.20
Shortly after the bid opening, on December 3, 2023, Tony Cossi Construction notified the City that it was withdrawing its bid pursuant to Public Contract Code section 5103 because of a mistake that they made while filling out the bid forms (they had transposed numbers from the estimate to the bid sheet).

On February 20, 2024, the City Council was presented with agenda materials to consider the approval of a construction contract with the lowest responsible bidder (i.e., U.S. Builders and Consultants, Inc.) for the replacement of four Lifeguard Towers at an estimated total construction cost of $340,800. However, staff requested the item to be continued to a future date for further evaluation regarding the project’s scope of work and the City Council granted staff’s request and continued the item.

After further evaluation, staff is recommending a different scope of work: building adequately sized lifeguard towers to accommodate current needs versus smaller towers is recommended and a work area near the Marine Safety HQ Building should be identified to allow contractors to build the lifeguard towers on site eliminating transportation challenges and costs. Therefore, City staff recommends rejecting all bids, modifying the scope of work, and re-bidding the project.

Council Options:
 Adopt Resolution No. 24-145, rejecting all bids.
 Modify and adopt Resolution No. 24-145.
 Continue the item with direction to provide additional information.  Do not adopt Resolution No. 24-145 and put the project on hold.

Environmental Review/Analysis:

Rejecting bids is not a “project” under the California Environmental Quality Act (CEQA). The original project was previously determined to be categorically exempt from CEQA under Class 2 of the State CEQA Guidelines, Section 15302 – Replacement of Existing Facilities, since it consists of replacement of existing lifeguard towers where the new towers will be located on the 192
Meeting Date: September 17, 2024 Agenda Item: 11D.

CITY OF SAN CLEMENTE 3
same site as the towers replaced and will have substantially the same purpose and capacity.

Staff anticipates that the revised project will also be categorically exempt.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 24-145, which will:
..recommendation

1. Reject all bids received on November 16, 2023 for the Lifeguard Towers Replacement Project, CIP Project No. 22104, pursuant to Section 20166 of the Public Contract Code; and

2. Authorize staff to re-scope the bid package and re-bid the Lifeguard Towers Replacement Project, CIP Project No. 22104, with a revised project scope. ..end
Attachment:

1. Resolution No. 24-145
Notification:

All bidders.
193
ATTACHMENT 1
4882-9904-3949 v1
RESOLUTION NO. 24-145

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, REJECTING ALL BIDS
FOR THE LIFEGUARD TOWERS REPLACEMENT (2024),
CIP PROJECT NO. 22104
WHEREAS, the City beaches are served from 11 lifeguard towers that are near the end of their useful life and are in need of repairs; and WHEREAS, staff prepared a bid package for the replacement of the four Lifeguard Towers, notified local contractors, and advertised the project for competitive bidding on the PlanetBids website and in the SC Times; and
WHEREAS, on November 28, 2023, the City received five bids ranging from $141,200 to $749,405 for the Project; and
WHEREAS, on February 20, 2024, on staff’s request, the City Council continued the consideration of awarding a construction contract to the lowest responsible bidder for the replacement of four Lifeguard Towers to enable staff later to further evaluate the project; and
WHEREAS, after further evaluation, staff recommends a different scope of work:
building large lifeguard towers versus small towers and inclusion of a work area near Marine Safety HQ Building for contractors to build the lifeguard towers on site, thus eliminating the transportation challenges and costs.

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

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

SECTION 2. That all bids received on November 28, 2023 for the Lifeguard Towers Replacement Project, CIP Project No. 22104, are hereby rejected.

SECTION 3. That staff is authorized and directed to re-scope the bid package and re-bid the Lifeguard Towers Replacement Project, CIP Project No. 22104 with a revised scope of work.

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. 194
Resolution No. 24-145 Page 2
4882-9904-3949 v1
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. 24-145 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
195
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: September 17, 2024 Agenda Item: 11E.

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

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO BOSCO CONSTRUCTORS, INC. FOR THE PRIMA DESHECHA CANADA CHANNEL (FACILITY NO. M01) WALL STABILIZATION AT GRANDE VISTA, PROJECT NO. 15007;

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT IN AN AMOUNT NOT TO EXCEED $1,886,336; APPROVING FUNDING IN THE AMOUNT OF $2,301,000 FROM THE STORM DRAIN FUND DEPRECIATION RESERVE, DISASTER RELIEF FUND AND THE ANTICIPATED $1,000,000 REIMBURSEMENT FROM CALIFORNIA JOINT POWERS INSURANCE AUTHORITY; AND FINDING THE PROJECT CATEGORICALLY EXEMPT ..body FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Fiscal Impact:

The total estimated construction cost is $2,301,000 and there is currently no funding for this project. The California Joint Powers Insurance Authority (CJPIA) property program insurance is anticipated to reimburse the City $1,000,000 for this damage to be deposited in the Storm Drain Fund Depreciation Reserve. To provide funding for this storm drain channel repair, staff is recommending an appropriation in the amount of $1,501,000 from the Storm Drain Fund Depreciation Reserve, a transfer from E. Avenida Cordoba Drainage in the amount of $400,000, and an appropriation of $400,000 from the Disaster Relief Fund into Account No. 059-553-45300- 000-15007.

Summary:

Due to heavy rains of the winter months of 2024, the Prima Deshecha Canada Channel westerly wall failed. Via an emergency contract, the debris was removed and a temporary repair was completed. To minimize additional damage and to restore the channel wall, a bid package was advertised and competitive bids were received on August 6, 2024. 196
Meeting Date: September 17, 2024 Agenda Item: 11E.

CITY OF SAN CLEMENTE 2
Before the City Council is the consideration of awarding a construction contract (Attachment 2) to Bosco Contractors, Inc. in an amount not to exceed $1,886,336, approving a 14% project contingency, for the Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization and related actions.

Background:

The Pima Deshecha Canada Channel (Facility No. M01) is a major tributary within the City draining an approximate area of 4,470 acres. This reach of the Channel, just upstream of Calle Grande Vista, conveys 3,410 cubic feet per second (cfs) of storm runoff during 100-year storm events.

On February 5, 2024, a portion of the Pima Deshecha Canada Channel (Facility No. M01) wall, just upstream of Calle Grande Vista, failed, resulting in degradation of the retained slope. This failure was due to the heavy rains that the City had previously received. On February 20, 2024, the City Council ratified an emergency construction contract with Diamond Construction & Design for a temporary stabilization of the side Channel slope and to protect the Channel from further deterioration (Attachment 3). The temporary repairs and removal of debris within the failed area were completed on February 12, 2024.

Within the last three years, the City has unfortunately experienced some unexpected storm drain failures (e.g., Cyprus Shore and Los Mares sinkhole) within the City that have drastically impacted the Storm Drain Fund Depreciation Reserve balance. In addition, the loss of funding from the Clean Ocean Fee has reduced fund balance for the maintenance and rehabilitation of projects. This storm drain channel wall repair will be funded by an anticipated California Joint Powers Insurance Authority (CJPIA) property program insurance in the amount of $1,000,000, an appropriation from the Storm Drain Fund Depreciation Reserve, a transfer from E. Avenida Cordoba Drainage, and an appropriation from the Disaster Relief Fund.

Upon completion of a bid package for channel wall repairs by a consultant, staff notified local contractors and advertised the project for competitive bidding on PlanetBids website and in the San Clemente Times. On August 12, 2024, City received two bids, Base Bids ranging from $1,854,336 to $2,180,480, as shown on the table below:

Vendor Name City Base Bid
Amount
Base Bid and
Alternate
Bosco Constructors, Inc. Chatsworth, CA $1,854,336 $1,886,336 Diamond Construction & Design La Habra, CA $2,180,480 $2,216,880 197
Meeting Date: September 17, 2024 Agenda Item: 11E.

CITY OF SAN CLEMENTE 3
Based on the lowest Base Bid plus the Alternate Bid, the total estimated project construction cost is summarized below:

Construction Management and Special Inspection $ 100,000 Soils Testing, Inspection and Monitoring 29,990
Survey Monitoring 28,000
Construction Contract 1,886,336
Contingency (14%) 256,674
Total Estimated Construction Cost $2,301,000
As required by state law and City policy, the contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract. Project plans and specifications are on file in the City Clerk’s office.

Council Options:
 Adopt Resolution No. 24-146 (Attachment 1), accepting the anticipated insurance reimbursement (068-000-39550) of $1,000,000 from CJPIA, approving an appropriation in the amount of $1,501,000 from the Storm Drain Fund Depreciation Reserve, a transfer from E.

Avenida Cordoba Drainage in the amount of $400,000, an appropriation of $400,000 from the Disaster Relief Fund, all into Account No. 059-553-45300-000-15007; awarding the Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization to Bosco Constructors, Inc.; authorizing the City Manager to execute a construction contract in an amount not to exceed $1,886,336; approving a 14% project contingency of $256,674; and finding the project categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.
 Modify and adopt Resolution No. 24-146.
 Continue the item and direct staff to provide additional information.  Do not award the contract or construct Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization.

Environmental Review/Analysis:

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

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 24-146, which will:

1. Accept the anticipated insurance reimbursement (068-000-39550) of $1,000,000 from CJPIA; 198
Meeting Date: September 17, 2024 Agenda Item: 11E.

CITY OF SAN CLEMENTE 4

2. Approve an appropriation in the amount of $1,501,000 from the Storm Drain Fund Depreciation Reserve into Account No. 059-553-45300-000-15007;

3. Approve a transfer of funds in the amount of $400,000 from E. Avenida Cordoba Drainage into Account No. 059-553-45300-000-15007;

4. Approve an appropriation in the amount $400,000 from the Disaster Relief Fund into Account No. 059-553-45300-000-15007;

5. Award a contract to Bosco Constructors, Inc., as the lowest responsible bidder, for the Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista, Project No. 15007;

6. Authorize the City Manager to execute a contract with Bosco Constructors, Inc., in an amount not to exceed $1,886,336, in a form substantially similar to Contract No. C24-54 (Attachment 2) for the Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista, Project No. 15007;

7. Approve a 14% construction contingency of $256,674 for this Project; and

8. Find the Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista, Project No. 15007, is categorically exempt from the CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines. ..end
Attachments:

1. Resolution No. 24-146

2. Contract No. C24-54 (without attachments)

3. Staff Report dated February 20, 2024 (without attachments) Notification:

All bidders.
199
ATTACHMENT 1
4882-9904-3949 v1
RESOLUTION NO. 24-146

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

CONSTRUCTION CONTRACT TO BOSCO
CONSTRUCTORS, INC. FOR THE PRIMA DESHECHA
CANADA CHANNEL (FACILITY NO. M01) WALL
STABILIZATION AT GRANDE VISTA, CIP PROJECT NO.
15007; AUTHORIZING THE CITY MANAGER TO EXECUTE

THE AGREEMENT IN AN AMOUNT NOT TO EXCEED
$1,886,336; ACCEPTING THE ANTICIPATED INSURANCE
REIMBURSEMENT OF $1,000,000 FROM CJPIA; MAKING

VARIOUS APPROPRIATIONS AND APPROVING FUND
TRANSFERS; AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS
1 OF THE STATE CEQA GUIDELINES SECTION 15301 (14
CCR 15301)
WHEREAS, on February 5, 2024, a portion of the Prima Deshecha Channel Wall, which drains an approximate area of 4,470 acres, failed due to the intense winter storms encountered at the beginning of the year; and
WHEREAS, emergency repairs were completed by February 12, 2024 as a temporary measure to protect the channel’s functionality and the stability of the nearby slope; and
WHEREAS, a Geotechnical report has been completed by Ninyo & Moore Geotechnical & Environmental Science Consultants, and a set of plans prepared by Michael Baker International, Inc. for the successful construction of the project; and WHEREAS, the project was competitively bid and on August 12, 2024, staff received two (2) responsive base bids from Bosco Constructors, Inc. and Diamond Construction in the amounts of $1,854,336 and $2,180,480.00, respectively for the demolition and re-establishment of the channel wall.

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 based on the entire record as a whole, the Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista, Project No. 15007, is categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of repairing existing public structures, facilities or topographical features, involving negligible or no expansion of existing or former use, and there is no possibility of a direct or foreseeable indirect 200
Resolution No. 24-146 Page 2
4882-9904-3949 v1
significant impact on the environment.

SECTION 3. That staff is authorized and directed to pursue and accept insurance proceeds and reimbursement from California Joint Powers Insurance Authority for this project.

SECTION 4. That an appropriation in the amount of $1,501,000 from the Storm Drain Fund Depreciation Reserve into Account 059-553-43420-000-15007 is approved.

SECTION 5. That a fund transfer in the amount of $400,000 from the East Avenida Cordoba Drainage Project into Account 059-553-43420-000-15007 is approved.

SECTION 6. That an appropriation in the amount of $400,000 from the Disaster Relief Fund into Account 059-553-43420-000-15007 is approved.

SECTION 7. That the construction contract for the Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista, CIP Project No. 15007, is hereby awarded to Bosco Constructors, Inc. as the lowest responsive and responsible bidder, based on the “Base Bids”.

SECTION 8. That the City Manager is authorized and directed to execute a construction contract with Bosco Constructors, Inc. in an amount not to exceed of $1,886,336 for the Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista, Project No. 15007 in a form substantially similar to that presented to City Council on September 2, 2024.

SECTION 9. That a 14% construction contingency of $256,674 for CIP Project No. 15007 is hereby approved.

SECTION 10. That the City Manager is authorized and directed to execute such other documents and take such other and further actions as may be necessary and proper to accomplish the purposes of this resolution.

SECTION 11. 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
201
Resolution No. 24-146 Page 3
4882-9904-3949 v1

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-146 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
202
Section 00500
Contract
Attachment 2
SECTION 00500

CONTRACT
THIS CONTRACT is made this _____ day of _________, 2024 in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, and Bosco Constructors, Inc., a California corporation, hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:

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

Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista, PN 26001. The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within Eighty (80) working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the per unit prices as set forth in the Contractor’s bid and total compensation shall not exceed the sum of One Million, Eight Hundred Eighty-Six Thousand, Three Hundred Thirty-Six Dollars and Twenty-Three Cents ($1,886,336.23). Payment shall be made as set forth in the General Conditions.

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

ARTICLE 4. LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of Eight Hundred Dollars ($800) for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event that Liquidated Damages are not paid, the Contractor agrees City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

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

Notice Inviting Bids
Instructions to Bidders
Bid Form
Contractor’s Certificate Regarding Workers’ Compensation 203
Section 00500
Contract
Attachment 2
Bid Bond
Non-Collusion Declaration Form
Contractor Information and Experience Form
List of Subcontractors Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

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

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

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

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

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
[SIGNATURES ON FOLLOWING PAGE]
204
Section 00500
Contract
Attachment 2

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

Bosco Constructors, Inc.
(“CONTRACTOR”)
By:_____________________________
Patrick Robinson, CEO
Dated: __________________, 20____
By:_____________________________
Steven Robinson, Secretary
Dated: __________________, 20____

END OF CONTRACT
205
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: February 20, 2024 Agenda Item: 10F
Submitted By: Public Works
Subject:
..titl e

RATIFICATION OF AN EMERGENCY CONSTRUCTION CONTRACT WITH DIAMOND CONSTRUCTION & DESIGN FOR PRIMA DESHECHA CANADA CHANNEL (FACILITY NO. M01) WALL STABILIZATION AT GRANDE VISTA PROJECT; APPROVING A PROJECT CONTINGENCY; AND APPROVING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $99,585 ..body Fiscal Impact:

A supplemental appropriation in the amount of $99,585 to Account Number 059-553-43420-000- 26001 from the Storm Drain Depreciation Fund is requested for the Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista.

Summary:

On February 5, 2024, a portion of the Prima Deshecha Canada Channel (Facility No. M01) channel wall adjacent to Calle Grande Vista between Calle Grande Vista and the Shorecliffs Golf Course failed. See the location map (Attachment 1) for the approximate location of the damaged channel wall.

Before the City Council for consideration is a resolution to ratify an emergency construction contract with Diamond Construction & Design for the Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista, in the amount of $77,215, approve a 19% project contingency and approve a supplemental appropriation in the amount of $99,585 to fund the project.

Background:

On February 5, 2024, a portion of the Prima Deshecha Canada Channel (Facility No. M01) channel wall failed. Repairs were unable to be completed due to the continued rainfall and the large amount of runoff through the channel. During this time the slope and nearby residence were monitored.

Staff requested proposals from three contractors, including one local contractor (GCI Construction, Inc.) within the City for the removal of the damaged wall and other debris, the stabilization of the slope and the temporary diversion of the waters within the channel to further protect the slope from added erosion at the base of the slope. All three of these companies have completed previous projects for the City satisfactorily. Staff received two proposals in the amounts of $77,215 and $142,000 from Diamond Construction & Design and Harbor Coating & Restoration, respectively.

Staff reviewed the two proposals and recommended that the City Manager declare an emergency and approve a construction contract with Diamond Construction & Design to complete repairs for 1 Attachment 3
206
Meeting Date: February 20, 2024 Agenda Item: 10F

CITY OF SAN CLEMENTE
the stabilization of the channel wall. The construction contract has been drafted and signed by Diamond Construction & Design (Attachment 2) and it before the City Council for ratification. The work must be completed before additional precipitation occurs and potentially increases to the deterioration of the channel wall and adjacent slope.

Based on the low bid, the estimated construction cost for this project is as follows:

Construction Administration, Management & Inspection: $ 7,700 Construction Contract: 77,215
Contingency (19%): 14,670
Total Estimated Construction Cost: $ 99,585
As required by the City policy and state law, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract.

Council Options:
 Adopt Resolution No. 24-26 (Attachment 3) ratifying the Emergency Construction Contract with Diamond Construction & Design, approving a 19% project contingency and approving a supplemental appropriation in the amount of $99,585.
 Continue the Item and direct staff to provide additional information.

Environmental Review/Analysis:

This project was determined to be categorically exempt from the California Environmental Quality Act (CEQA) as it pertains to the repair of an already existing flood control channel under Class 1 of the state CEQA Guidelines, Section 15301 – Existing Facilities. A notice of exemption has been filed for this project (See Attachment 4).

Recommended Actions:

Staff Recommendation ..recommendation
Adopt Resolution No. 24-26, which will:

1. Make a finding that an emergency existed due to the need for immediate channel and slope stabilization and required immediate action to protect public health and safety, which might not have been possible if delays attributable to the typical public competitive bidding process had been incurred;

2. Declare that the public interest and necessity demanded the immediate expenditure of public funds to safeguard public health;

3. Approve a supplemental appropriation in the amount of $99,585 to Account Number 059-553- 43420-000-26001 from the Storm Drain Depreciation Fund for the Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista;

4. Ratify the Construction Contract with Diamond Construction & Design for an amount not to exceed $77,215 for the stabilization of the M01 channel wall and its adjacent slope; and 2072
Meeting Date: February 20, 2024 Agenda Item: 10F

CITY OF SAN CLEMENTE

5. Approve a 19% project contingency of $14,670.
..end
Attachment:

1. Location Map

2. Draft Contract

3. Resolution 24-26

4. Notice of Exemption
Notification:

All bidders.
2083
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: September 17, 2024 Agenda Item: 11F.

Submitted By: Public Works
Prepared By: Masako Hennequin, Associate Civil Engineer Subject:
..titl e

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

FOR THE PAVEMENT PRESERVATION PROGRAM - UTILITY ADJUSTMENTS, CIP PROJECT NO. 13321 ..body
Fiscal Impact:

The total construction cost of $87,247 was under the approved construction budget of $91,403 from the Gas Tax Fund, account number 012-861-45300-000-13321.

Summary:

Before the City Council is a Resolution and Notice of Completion for the Pavement Preservation Program - Utility Adjustments.

Background:

On June 18, 2024, the City Council awarded a construction contract to EBS Utility Adjusting, Inc. for the Pavement Preservation Program - Utility Adjustments. The project included removing and replacing (18) manhole frames and covers, and adjusting (4) manhole covers and (10) water valve cans to match the existing pavement grade to improve driving conditions and reduce damage to the pavement around the utility covers. The completed utility adjustment locations are listed on Attachment 4.

Pre-Construction Post Construction
209
Meeting Date: September 17, 2024 Agenda Item: 11F.

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

Construction Management and Inspection $ 9,272
Construction $77,975
Total Project Construction Cost $87,247
Council Options:
 Adopt Resolution No. 24-147, which would accept the completed Pavement Preservation Program - Utility Adjustments, CIP Project NO. 13321.
 Modify and adopt Resolution No. 24-147.
 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 Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council Adopt Resolution No. 24-147, which would:

1. Accept the Pavement Preservation Program - Utility Adjustments, CIP Project No. 13321, from EBS Utility Adjusting, Inc.;

2. Authorize the Public Works Director to execute and record the Notice of Completion for the Pavement Preservation Program - Utility Adjustments, CIP Project No. 13321; 210
Meeting Date: September 17, 2024 Agenda Item: 11F.

CITY OF SAN CLEMENTE 3

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, EBS Utility Adjusting, Inc.; and

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

1. Resolution No. 24-147

2. Notice of Completion

3. Staff Report dated June 18, 2024 (without attachments)

4. Completed Utility Adjustment Locations
Notification:

None.
211
Attachment 1
RESOLUTION NO. 24-147

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ACCEPTING AS

COMPLETE THE PAVEMENT PRESERVATION PROGRAM
- UTILITY ADJUSTMENTS (CIP PROJECT No. 13321)
WHEREAS, on June 18, 2024, the City Council awarded a construction contract to EBS Utility Adjusting, Inc. for Pavement Preservation Program - Utility Adjustments, CIP Project No. 13321; and
WHEREAS, the work consisted of removing and replacing manhole frames and covers, and adjusting manhole covers and water valve cans; and WHEREAS, EBS Utility Adjusting, 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 and incorporated herein.

Section 2. That the City Council accepts as complete the Pavement Preservation Program - Utility Adjustments (CIP Project No. 13321) from EBS Utility Adjusting, Inc.

Section 3. That the City Council authorizes and directs the Public Works Director to execute and the City Clerk to record a Notice of Completion for CIP Project No. 13321.

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

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

Section 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, 2024. 212
Resolution No. 24-147 Page 2
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. 24-147 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
213
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: Pavement Preservation Program - Utility Adjustments, CIP Project No. 13321.

2. Date of completion: August 20, 2024.

3. Street address or legal description of the project site: Various streets.

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, San Clemente, CA 92673

7. Name and address of contractor: EBS Utility Adjusting, Inc., 1345 Quarry Street, Suite 101, Corona, CA 92879.

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
214
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: June 18, 2024 Agenda Item: 11O
Submitted By: Public Works
Prepared By: Masako Hennequin, Associate Civil Engineer Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO EBS UTILITIES ADJUSTING, INC. FOR PAVEMENT PRESERVATION PROGRAM - UTILITY ADJUSTMENTS, CIP PROJECT NO. 13321, IN AN AMOUNT NOT TO EXCEED $74,185,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT, AND

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

The estimated total construction cost of $91,403 is within the remaining approved budget amount of $167,524 from the Pavement Preservation Program, Account No. 012-861-45300-000-13321.

Summary:

Before the City Council is the award of a construction contract to EBS Utilities Adjusting, Inc. in an amount not to exceed $74,185, and approving a 10% project contingency, for the Pavement Preservation Program - Utility Adjustments.

Background:

Existing manhole covers and water valve cans that are not level with the street grade can cause unsafe driving conditions and damage the pavement around the utility covers. The proposed Pavement Preservation Program - Utility Adjustments project includes adjusting existing manhole covers and water valve cans, and removing and replacing damaged manhole frames and covers to improve drivability and prevent pavement damage. In addition, manholes and valve cans will be slightly raised in preparation for slurry seal of City streets. Proposed utility adjustment locations are listed on Attachment 2.

Existing Water Valve Cans Existing Sewer Manhole
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CITY OF SAN CLEMENTE
On May 2, 2024, staff reached out to local contractors, published a notice inviting bids for this project in the SC Times, and published a bid solicitation on PlanetBids. Bids were opened on May 16, 2024, and the results are presented in the table below. Bids range from $74,185 to $92,700.

There were no bidders from any businesses based in San Clemente. The lowest responsive and responsible bidder is EBS Utilities Adjusting, Inc. of Corona, California with a total bid amount of $74,185.

Table 1. Bid Summary
Company Name Company Location Amount
EBS Utilities Adjusting, Inc. Corona, CA $74,185.00
Manhole Adjusting, Inc. Pico Rivera, CA $92,700.00
Based on the lowest bid, the total estimated project construction cost is $91,403 as summarized below:

Table 2. Cost Summary
Construction Management and Inspection $9,800
Construction $74,185
Contingency (10%) $7,418
Total Estimated Construction Cost $91,403
As required by state law and City policy, the EBS Utilities Adjusting will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 3). Project plans and specifications are on file in the City Clerk’s office.

Council Options:
 Adopt Resolution No. 24-105 (Attachment 1), awarding the Pavement Preservation Program - Utility Adjustments contract to EBS Utilities Adjusting, Inc., authorizing the City Manager to execute a construction contract an amount not to exceed $74,185, approving a 10% project contingency of $7,418, and finding the project categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.  Modify and adopt Resolution No. 24-105.
 Continue the item and direct staff to provide additional information.  Do not award the contract or construct the sidewalk improvements.

Environmental Review/Analysis:

This project is exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of repairs to existing City facilities, involves negligible or no expansion of existing or former use and there is no possibility of a direct or reasonably foreseeable indirect effect on the environment. 2162
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CITY OF SAN CLEMENTE
Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 24-105, which will:

1. Find the Pavement Preservation Program - Utility Adjustments, CIP Project No. 13321, categorically exempt from the CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines;

2. Award the Pavement Preservation Program - Utility Adjustments, CIP Project No. 13321, contract to EBS Utilities Adjusting, Inc.;

3. Authorize the City Manager to execute a contract with EBS Utilities Adjusting, Inc. in an amount not to exceed $74,185, in a form substantially similar to Contract No. 24-35 (Attachment 3) for the Pavement Preservation Program - Utility Adjustments, CIP Project No. 13321; and

4. Approve a 10% construction contingency of $7,418 for this project. ..end
Attachment:

1. Resolution No. 24-105

2. Proposed Utility Adjustment Locations

3. Contract No. 24-35
Notification:

All bidders
2173
APPENDIX 3

MANHOLE AND WATER VALVE CAN ADJUSTMENT LIST
City furnished Adjust Adjust
sewer manhole existing water valve
No. Address frame and lid manhole can
1 N. ECR NB No. 2 lane at Pico intersection 1
2 (*)N. ECR NB just NO of Camino San Clemente 1
3 (*)N. ECR SB just NO of Ave. Estacion 1
4 SCHS entrance immediately behind drive approach 1
5 Ave. Pico EB No. 2 lane EO SC High School signal 1
6 across from 119 Camino San Clemente 2
7 Ave. Pico EB No. 1 lane at Presidio intersection 1
8 Ave. Pico EB No. 1 lane EO Triton Way signal 1
9 Calle Frontera No. 2 lane before Avenida Faceta 1
10 Ave. Pico WB No. 4 lane at Frontera intersection 2
11 Ave. Pico WB No. 3 lane west of SCHS intersection 1
12 Camino Del Rio EB across from Brillante (SD manhole) 1 13 Los Mares EB before Camino Del Rio roundabout 1
14 Los Mares WB No. 1 lane at Portico Del Sur intersect. 1 15 Los Mares WB No. 2 lane west of Ave. Vaquero 1
16 Camino Vera Cruz NB at Sarmentoso intersection 1
17 S. El Camino Real NB No. 2 at E. San Gabriel 1
18 S. El Camino Real SB No. 1 before W. San Gabriel 2
19 S. El Camino Real NB No. 2 lane at Ave. Presidio 1
20 S. El Camino Real NB No. 2 lane across from Esplanade 1 21 Camino Faro at Camino Corso Rio 1
22 Ave. Vista Hermosa WB No. 2 lane before Cam. Faro 1
23 Ave. Vista Hermosa WB No. 2 lane at Camino Faro 1
24 N. ECR NB lane at Cm. San Clemente intersection 1
25 675 Camino De Los Mares WB No. 2, 3 lanes 1
26 653 Camino De Los Mares WB No. 3 lane 1
27 Ave. La Pata No. 1 lane NB before Del Cerro 1
28 Ave. La Pata No. 3 lane SB south of Fire Station #59 1 29 Remove abandoned OC Surveyor monument can
on Calle Frontera No. 1 lane before Avenida Faceta 1
TOTAL 18 4 10
(*) Sewer MH (38" lid)
218
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: September 17, 2024 Agenda Item: 11G.

Submitted By: Public Works
Prepared By: Niki Beach, Environmental Programs Analyst Subject:
..titl e

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

FOR THE AVENIDA PICO AND SAN CLEMENTE OUTLETS CORRIDOR RUNOFF TREATMENT PROJECT, PHASE 3, CIP PROJECT NO. 23805
..body
Fiscal Impact:

The total project construction cost of $417,700 was below the approved construction budget of $480,000. The project was also previously authorized for grant funding under OCTA’s Tier 1 Environmental Cleanup Program and staff is in the process of requesting reimbursement for $328,000, or 80% of the project cost.

Summary:

The City Council is being asked to consider a Resolution and Notice of Completion (Attachment 2) for the Avenida Pico and San Clemente Outlets Corridor Runoff Treatment Project. The project meets a requirement by the California State Water Resources Control Board to capture debris down to 5mm in size, inclusive of material less than the size of a cigarette butt in high-traffic areas, such as multifamily developments and commercial areas, by 2030. City staff has identified 559 catch basins requiring retrofit and with this phase, the City has retrofitted a total of 244 catch basins.

Background:

On June 18, 2024, the City Council awarded a construction contract to G2 Construction, Inc. for the installation of trash capture devices within 78 inlets. The work consisted of mobilization and traffic control; catch basin cleaning; and custom design, fabrication, and installation of three types of devices. Each inlet received either a CPS, GITS, or ARS-CL, with several ARS-CLs installed as an added layer of trash capture outside of a CPS or GITS.

Work was completed between August 6, 2024 and August 23, 2024.

Installed Grate Inlet Screen (GITS)
219
Meeting Date: September 17, 2024 Agenda Item: 11G.

CITY OF SAN CLEMENTE 2
Installed Connector Pipe Screen (CPS-Mod) Installed Automatic Retractable Screen (ARS) A summary of the total construction expenditures is provided below:

Construction Management and Inspection $ 7,700
Construction Contract 410,000
Total Construction Cost $417,700
Council Options:
 Adopt Resolution No. 24-148 (Attachment 1), which would accept the completed construction work for the Avenida Pico and San Clemente Outlets Corridor Runoff Treatment Project.  Adopt Resolution No. 24-148 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:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 24-148, which will:

1. Accept the Avenida Pico and San Clemente Outlets Corridor Runoff Treatment Project, Phase 3, CIP Project No. 23805, from G2 Construction, Inc.;

2. Authorize the Public Works Director to execute and record the Notice of Completion for the Avenida Pico and San Clemente Outlets Corridor Runoff Treatment Project, Phase 3, CIP Project No. 23805; and
220
Meeting Date: September 17, 2024 Agenda Item: 11G.

CITY OF SAN CLEMENTE 3

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 G2 Construction, Inc.
..end
Attachment:

1. Resolution 24-148

2. Notice of Completion

3. Staff Report dated June 18, 2024
Notification:

None.
221
Attachment 1
RESOLUTION NO. 24-148

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, ACCEPTING AS

COMPLETE THE AVENIDA PICO AND SAN CLEMENTE

OUTLETS CORRIDOR RUNOFF TREATMENT
PROJECT, PHASE 3, CIP PROJECT NO. 23805
WHEREAS, the State Water Resources Control Board, in an attempt to reduce trash, debris, and associated bacteria loading into the State’s waterways, authorized the Trash Provisions for municipal MS4 NPDES permit compliance in 2015; and
WHEREAS, the City of San Clemente is required to implement, within hightraffic areas designated Priority Land Use (PLU) areas, full capture equivalency in its storm inlet network for trash down to 5 mm in size by the end of 2030; and WHEREAS, on June 18, 2024, the City Council awarded a construction contract to G2 Construction, Inc. for Phase 3 of the storm inlet trash capture device installation program, titled the Avenida Pico and San Clemente Outlets Corridor Runoff Treatment Project, Phase 3, CIP Project No. 23805; and WHEREAS, between August 6, 2024, and August 23, 2024, a total of 78 Cityowned catch basins were retrofitting was completed in compliance with the terms of G2 Construction, Inc.’s contract with the City; and
WHEREAS, G2 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 find, determine and resolve as follows:

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

Section 2. That the City Council accepts as complete the Avenida Pico and San Clemente Outlets Corridor Runoff Treatment Project, Phase 3, CIP Project No. 23805, from G2 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 the Avenida Pico and San Clemente Outlets Corridor Runoff Treatment Project, Phase 3, CIP Project No. 23805.
222
Resolution No. 24-148 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 G2 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:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
223
Resolution No. 24-148 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. 24-148 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
224
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: Avenida Pico and San Clemente Outlets Corridor Runoff Treatment Project, Phase 3, CIP Project No. 23805

2. Date of completion: August 23, 2024

3. Street address or legal description of the project site: Various Locations, generally bordered between Calle Frontera to the north, Avenida Vista Hermosa to the west, Buena Vista to the south, and Via Pico Plaza to the east, 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: G2 Construction, Inc, 1352 East Borchard Avenue, Santa Ana, CA 92705
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
225
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: June 18, 2024 Agenda Item: 11P
Submitted By: Public Works
Prepared By: Niki Beach, Environmental Programs Analyst Subject:
..titl e
CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO G2 CONSTRUCTION INC. FOR THE PURCHASE AND INSTALLATION OF STORM DRAIN

TRASH CAPTURE DEVICES FOR THE AVENIDA PICO AND SAN CLEMENTE OUTLETS CORRIDOR RUNOFF TREATMENT PROJECT, PROJECT NO. 23805, AUTHORIZING THE

CITY MANAGER TO EXECUTE THE AGREEMENT AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body Fiscal Impact:

The total estimated project cost is $480,000, which has previously been allocated within the Clean Ocean Fund in the Fiscal Year 2024 Budget. To minimize the impact on the Clean Ocean Fund Reserve, the City applied for and was awarded a grant of $328,000 through the Orange County Transportation Authority (OCTA) Environmental Cleanup Program, which will be funded at project completion. The net project costs are thus anticipated to be $82,000.

Summary:

Before the City Council is the approval of a construction contract with G2 Construction, Inc. in the amount of $410,000 for installation of trash capture devices in 80 storm drains in the Avenida Pico and San Clemente Outlets area, which is the third phase of an ongoing effort to retrofit catch basins in order to improve ocean water quality.

The City is required by the California State Water Resources Control Board to install a total of 559 catch basin inserts that capture litter and trash greater than 5 mm in size throughout hightraffic areas, such as multifamily developments and commercial areas, by 2030. A total of 166 catch basin inserts have been installed in recent years, through Phases 1 and 2 of the catch basin insert project.

Background:

The California State Water Resources Control Board currently has a requirement for cities to install trash capture devices that remove litter and trash down to 5mm in size, to prevent this debris from reaching receiving waters such as rivers, creeks and the Pacific Ocean. Cities have until 2030 to retrofit catch basins that drain commercial, industrial and high-density residential land uses, also known as priority land use areas, to comply with the regulation, commonly known as the Trash Amendments to the Municipal Separate Storm Sewer System (MS4) Permit.

Attachment 1 provides a map of these Priority Land Use Areas.

In May 2010, the OCTA Board of Directors approved the Environmental Cleanup Allocation Program to make funds available through the Environmental Cleanup Program to help protect 1 ATTACHMENT 3
226
Meeting Date: June 18, 2024 Agenda Item: 11P

CITY OF SAN CLEMENTE
Orange County beaches and waterways from transportation-generated pollution in stormwater and urban runoff and improve overall water quality. The OCTA Board of Directors approved a two-tier grant approach to the Environmental Cleanup Allocation Program; Tier 1 funding is focused on small localized projects, while Tier 2 funding consists of regional, potentially multijurisdictional capital-intensive projects. The Measure M2 (M2) Project X Environmental Cleanup Program (Project X Program) establishes a competitive process for projects that improve water quality in Orange County from transportation-generated pollution. The funds are designed to supplement existing transportation-related water quality programs. Because of the competitive nature of the application process, not all cities submitting applications will be guaranteed grant funding.

Tier 1 of the Project X Program is designed to mitigate the more visible form of pollutants such as litter and debris that collects on roadways and in storm drains prior to being deposited in waterways and the ocean. The grant program can fund equipment purchases and upgrades to existing catch basins and related best management practices (BMPs) such as screens, filters, inserts and other street-scale low-flow diversion projects.

The City was awarded a $328,000 M2 Project X ECP Tier 1 Grant from OCTA in fall of 2023. This project will entail retrofitting 80 City storm drain catch basins in the Avenida Pico and San Clemente Outlets area. This project will retrofit 14% of the required 559 storm drains. See Attachment 2 for a map of the 66 catch basins proposed for retrofit.

Depending on the characteristics of each catch basin in the project, one of two types of trash capture devices -- Grate Inlet Screens (GITS) or Connector Pipe Screens (CPS) –are proposed to meet the requirement to fully capture debris down to 5mm in size, inclusive of material as small as a cigarette butt. Each CPS would be installed inside the catch basin vault at its outlet, and a Vactor truck would be utilized to regularly remove this debris from the catch basin. Each CPS device also has an overflow component so that during extreme rain events, the stormwater can overtop the CPS device and flow from the vault to prevent street flooding.

Full-capture Connector Pipe Screen
(CPS):

Full-capture Grate Inlet Trash Screen
(GITS):
2272
Meeting Date: June 18, 2024 Agenda Item: 11P

CITY OF SAN CLEMENTE
In addition, Automatic Retractable Screens (ARS) would be installed at the opening of each catch basin where feasible to trap larger debris such as cups, straws and other litter before they can enter the catch basin vault, in conjunction with full capture screens in several catch basins where they would improve functionality and reduce maintenance burdens. Street sweepers can collect this captured debris during routine street sweeping processes.

Automatic Retractable Screen (ARS):

The Grant guidelines allow for use of pre-qualified contractors and devices. The County of Orange Public Works (County) partnered with OCTA on a strategy to secure volume discounts for the purchase and installation of trash and debris control devices that would fulfill the requirements of the grant program and meet the SWRCB’s full capture equivalency of capturing debris down to 5 mm in size. The County pre-qualified six contractors through a formal bid process to purchase and install specific trash control devices (Attachment 3).

The OCTA M2 Project X ECP Grant Guidelines require that the devices proposed in the grant applications must be the product installed for projects awarded funding. City staff reviewed devices from the six approved contractors listed in Attachment 3 and determined that the three products proposed by G2 Construction for installation in San Clemente catch basins had the appropriate specifications for the catch basins proposed for retrofit, were of excellent quality material and design, and were comparable in price to other contractor devices. Thus, City staff included three G2 Construction devices in the City’s grant application. See Attachment 4 for a copy of the contract between County of Orange, Public Works and G2 Construction.

Utilities Staff recommend entering into a contract with G2 Construction (Attachment 5) using the existing contract between the County of Orange, Public Works and G2 Construction as a “piggyback” under California Public Contract Code 20652. This code allows for the use of “piggyback” contracts from other public agencies. The City was awarded $328,000 from OCTA in grant funding and will provide the required 20% match amount of $82,000. City Council approved the submittal of the grant application (https://www.sanclemente.org/home/showpublisheddocument/73796/638169908913663079) and the expenditure of the required match via Resolution No. 23-19 at its April 18, 2023 meeting (Attachment 5). 2283
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CITY OF SAN CLEMENTE
Total project costs, including overhead and staff costs, are estimated as follows:

Administration, Permitting and Engineering Design $10,000 Construction Management and Inspection 20,000
Construction 410,000
Construction Contingency (approx. 10%) 40,000
Total Estimated Project Cost $ 480,000
Council Options:
 Adopt Resolution No.24-106, awarding the construction contract to G2 Construction, Inc., authorizing the City Manager to execute a Construction Contract in an amount not to exceed $410,000 for the Avenida Pico and San Clemente Outlets Corridor Runoff Project, Project No. 23805, and finding the project categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR Section 15301) of the State CEQA Guidelines.  Modify and Adopt Resolution No. 24-106.
 Continue the item and direct staff to provide additional information.  Do not award the contract or install the trash capture devices and forgo the associated grant funding.

Environmental Review/Analysis:

The recommended action and subject project is categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR Section 15301) of the State CEQA Guidelines, and has no potential result in either a direct or physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 24-106, which will:

1. Find the Avenida Pico and San Clemente Outlets Corridor Runoff Treatment Project, Project No. 23805, categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing facilities, 14 CCR Section 15301) of the State CEQA Guidelines;

2. Award the Avenida Pico and San Clemente Outlets Corridor Runoff Treatment Project, Project No. 23805, contract to G2 Construction, Inc.; and

3. Authorize the City Manager to execute a contract with G2 Construction, Inc., in an amount not to exceed $410,000 in a form substantially similar to Contract No. C24-36 (Attachment 6) for the Avenida Pico and San Clemente Outlets Corridor Runoff Treatment Project, Project No. 23805.
..end
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Meeting Date: June 18, 2024 Agenda Item: 11P

CITY OF SAN CLEMENTE
Attachment:

1. City Map of Priority Land Use Areas

2. San Clemente OCTA Grant Project Map

3. Orange County Public Works Contract Award Letter to G2 Construction

4. Orange County Public Works Contract with G2 Construction, Inc. for Trash and Debris Capture Devices

5. City Council Resolution No. 23-19

6. City of San Clemente Contract with G2 Construction, Inc.

7. Resolution No. 24-106
Notification:

G2 Construction, Inc.
2305
Legend
Vortex Drainage Area
San Clemente Priority Land Use
Commercial
High-Density Residential
Industrial
Non-PLU
ATTACHMENT 1
6 D
-
-
-
231
City of San Clemente

PROJECT MAP
Avenido Pico and San Clemente Outlets Corridor
Runoff Treatment Project
33 ATTACHMENT 2
7 The proposed project's specific catch basins receiving Full Capture System devices and drainage areas.
232
8 Public Works
Integrity, Accountability, Service, Trust
Shane L. Silsby, Director
January 26, 2015
Sent via Email to: [email protected]
Eric Taylor
G2 Construction, Inc.
13331 Garden Grove Blvd., Suite K
Garden Grove, CA 92843
Attachment 3
Subject: Request for Proposals (RFP) 080-P08019: Trash and Debris Capture Devices Dear Mr. Taylor,
Thank you for responding to RFP 080-P08019: Trash and Debris Capture Devices. Based upon the County of Orange's criteria and award procedures set forth in the Request for Proposals, the Evaluation Committee is recommending the award of multiple Contracts to the following vendors:

1. G2 Construction, Inc.

2. Coanda Inc.

3. United Storm Water, Inc.

4. Revel Environmental Manufacturing, Inc.

5. TRC Solutions, Inc.

6. M3 Environmental, Inc.

The Contract will be put in place by the Orange County Public Works Department. As a term of the contract, municipalities participating in the Orange County Transportation Authority's Measure M2 program will be required to review the contract terms and conditions and prepare subordinate contracts as appropriate to their local policies. If you should have any questions, please feel free to contact me at [email protected], 714.667.9635, or by facsimile 714.834.4569.

Sin'7re!y, 1 r ~
~ PA
OC Public W arks
Procurement Services
P08019
300 N. Flower Street, Santa Ana, CA 92703
P.O. Box 4048, Santa Ana, CA 92702-4048
www.ocpublicworks.com
714.667.8800 I [email protected]
2331
ATTACHMENT 4
9 DocuSign Envelope ID: DCA2CF3D-555D-4553-B506-8785B6DBD25E County of Orange, OC Public Works
G2 Construction, Inc.

CONTRACT MA-080-20011478
WITH
G2 CONSTRUCTION, INC.

FOR
MA-080-20011478
Trash and Debris Capture Devices

TRASH AND DEBRIS CAPTURE DEVICES
THIS CONTRACT MA-080-20011478 for Trash and Debris Capture Devices ("Contract") is made and entered into as of the date fully executed by and between the County of Orange, a political subdivision of the State of California; ("County") and G2 Construction, Inc., with a place of business at 1352 E.

Boarchard Ave., Santa Ana, CA 92705 ("Contractor"), with a County and Contractor sometimes individually referred to as "Party" or collectively as "Parties".

ATTACHMENTS
THIS CONTRACT is comprised of this document and the following Attachments, which are attached hereto and incorporated by reference into this Contract:

Attachment A - Scope of Work
Attachment B - Contractor Pricing

RECITALS
WHEREAS, Contractor and County are entering into this Contract for Trash and Debris Capture Devices ; and,
WHEREAS, County solicited Contract for Trash and Debris Capture Devices as set forth herein, and Contractor represented that it is qualified to provide Trash and Debris Capture Devices to the County as further set forth here; and,
WHEREAS, Contractor agrees to provide Trash and Debris Capture Devices to the County as further set forth in the Scope of Work, attached hereto as Attachment A; and, WHEREAS, County agrees to pay Contractor based on the schedule of hourly rates set forth in Payment/Compensation, attached hereto as Attachment B; and, WHEREAS, the County Board of Supervisors has authorized the Procurement Officer or designee to enter into a Contract for Trash and Debris Capture Services with the Contractor; and, NOW, THEREFORE, the Parties mutually agree as follows:

DEFINITIONS
DP A shall mean the Deputy Purchasing Agent assigned to this Contract.

ARTICLES
General Terms and Conditions:

A. Governing Law and Venue: This Contract has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California. In the C026659 Pagel o/56
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event of any legal action to enforce or interpret this Contract, 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 Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another county.

B. Entire Contract: This Contract contains the entire Contract between the parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing. Electronic acceptance of any additional terms, conditions or supplemental Contracts by any County employee or agent, including but not limited to installers of software, shall not be valid or binding on County unless accepted in writing by County's Procurement Officer or designee.

C. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing.

D. Taxes: Unless otherwise provided herein or by law, price quoted does not include California state sales or use tax. Out-of-state Contractors shall indicate California Board of Equalization permit number and sales permit number on invoices, if California sales tax is added and collectable. Ifno permit numbers are shown, sales tax will be deducted from payment. The Auditor-Controller will then pay use tax directly to the State of California in lieu of payment of sales tax to the Contractor.

E. Delivery: Time of delivery of goods or services is of the essence in this Contract. County reserves the right to refuse any goods or services and to cancel all or any part of the goods not conforming to applicable specifications, drawings, samples or descriptions or services that do not conform to the prescribed statement of work. Acceptance of any part of the order for goods shall not bind County to accept future shipments nor deprive it of the right to return goods already accepted at Contractor's expense. Over shipments and under shipments of goods shall be only as agreed to in writing by County. Delivery shall not be deemed to be complete until all goods or services have actually been received and accepted in writing by County.

F. Acceptance Payment: Unless otherwise agreed to in writing by County; 1) acceptance shall not be deemed complete unless in writing and until all the goods/services have actually been received, inspected, and tested to the satisfaction of County, and 2) payment shall be made in arrears after satisfactory acceptance.

G. Warranty: Contractor expressly warrants that the goods covered by this Contract are 1) free of liens or encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and 3) fit for the particular purpose for which they are intended. Acceptance of this order shall constitute an agreement upon Contractor's part to indemnify, defend and hold County and its indemnities as identified in article "Z" below, and as more fully described in article "Z," harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by County by reason of the failure of the goods/services to conform to such warranties, faulty work performance, negligent or unlawful acts, and non-compliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in addition to any other remedies provided by law.

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H. Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly provided in this Contract, Contractor shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Contractor warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Contractor agrees that, in accordance with the more specific requirement contained in article "Z" below, it shall indemnify, defend and hold County and County lndemnitees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney's fees.

I. Assignment: The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the parties. Furthermore, neither the performance of this Contract nor any portion thereof may be assigned by Contractor without the express written consent of County. Any attempt by Contractor to assign the performance or any portion thereof of this Contract without the express written consent of County shall be invalid and shall constitute a breach of this Contract.

J. Non-Discrimination: In the performance of this Contract, Contractor agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Contractor acknowledges that a violation of this provision shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code.

K. Termination: In addition to any other remedies or rights it may have by law, County has the right to immediately terminate this Contract without penalty for cause or after 30 days' written notice without cause, unless otherwise specified. Cause shall be defined as any material breach of contract, any misrepresentation or fraud on the part of the Contractor. Exercise by County of its right to terminate the Contract shall relieve County of all further obligation.

L. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

M. Independent Contractor: Contractor shall be considered an independent contractor and neither Contractor, its employees, nor anyone working under Contractor shall be considered an agent or an employee of County. Neither Contractor, its employees nor anyone working under Contractor shall qualify for workers' compensation or other fringe benefits of any kind through County.

N. Performance Warranty: Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County's satisfaction. Contractor shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other goods/services furnished by the Contractor under this Contract.

Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with performance C026659 Page3of56
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of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors.

0. Bonds:

Payment and Performance Bonds:

A payment bond and performance is required for a public works contract involving expenditure in excess of twenty-five thousand dollars ($25,000) and no work can be commenced prior to both bonds being approved the County.

The Contractor shall furnish, at time of signing the Contract, one surety bond which shall protect the laborers and material men and shall be for $60,000, in accordance with Section 9554 of the Civil Code, and one surety bond in the amount of $60,000, guaranteeing the faithful performance of the Contract. If at any time the value of the total task orders is expected to exceed $60,000, the Contractor shall furnish, in a manner acceptable to the County, evidence that the Contractor is bonded to the expected total value of outstanding task orders for both the faithful performance and laborers and material men bonds. Contractor shall not be entitled to, nor shall County authorize, task orders when the total outstanding value of the task orders under this contract exceeds the bond values for which the County is an obligee. Said bonds to be approved by the office of the County Counsel and the County Executive Office of Orange County. Such bonds shall be the forms provided in these specifications and issued and executed by an admitted surety insurer (authorized to transact surety insurance in California). (e.g., if the bonds are issued through a surplus line broker, both the surplus line broker and the insurer with whom he is doing business for purposes of this project must be licensed in California to issue such bonds.) The faithful performance bond shall be issued by a Surety company with a minimum insurance rating of A- (Secure Best's Rating) and VIII (Financial Size Category) as determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com.

The Surety Company must also be authorized to write in California by the Department of the Treasury, and must be listed on the most current edition of the Department of Treasury's Listing of Approved Securities.

If any surety upon any bond furnished in connection with this Contract becomes unacceptable to the County, or if any such surety fails to furnish reports as to his financial condition from time to time as requested by OC Public Works, the Contractor shall promptly furnish such additional security as may be required by OC Public Works or the Board of Supervisors from time to time to protect the interests of the County and of persons supplying labor or materials in the prosecution of the Work contemplated by this Contract.

If the County increases the total Contract amount the Contractor is to provide a new bond for the new total Contract amount or a bond for the difference.

Execution of the Agreement and Notice to Proceed: County will not execute the Agreement or issue a Notice to Proceed with the work until Bidder has submitted and County has approved Bidder's Faithful Performance and Labor and Material Payment Bonds, proof of insurance, and initial job progress schedule. All such submittals must be received by County within 10 calendar days of award of the Contract. Any claims by Contractor for adjustments in time and/or cost for delays in issuing the Notice to Proceed due to Contractor's failure to deliver bonds, insurance, and initial job progress schedule acceptable to County will not be considered.

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P. Insurance Requirements:

Prior to the provision of services under this Contract, the Contractor agrees to purchase all required insurance at Contractor's expense, including all endorsements required herein, necessary to satisfy the County that the insurance provisions of this Contract have been complied with. Contractor agrees to keep such insurance coverage, Certificates of Insurance, and endorsements on deposit with the County during the entire term of this Contract. In addition, all subcontractors performing work on behalf of Contractor pursuant to this Contract shall obtain insurance subject to the same terms and conditions as set forth herein for Contractor.

Contractor shall ensure that all subcontractors performing work on behalf of Contractor pursuant to this Contract shall be covered under Contractor's insurance as an Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for Contractor. Contractor shall not allow subcontractors to work if subcontractors have less than the level of coverage required by County from Contractor under this Contract. It is the obligation of Contractor to provide notice of the insurance requirements to every subcontractor and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of insurance must be maintained by Contractor through the entirety of this Contract for inspection by County representative(s) at any reasonable time.

All self-insured retentions {SIRs) shall be clearly stated on the Certificate of Insurance. Any selfinsured retention {SIR) in an amount in excess of Fifty Thousand Dollars ($50,000) shall specifically be approved by the County's Risk Manager, or designee, upon review of Contractor's current audited financial report. If Contractor's SIR is approved, Contractor, in addition to, and without limitation of, any other indemnity provision(s) in this Contract, agrees to all of the following:
1) In addition to the duty to indemnify and hold the County harmless against any and all liability, claim, demand or suit resulting from Contractor's, its agents, employee's or subcontractor's performance of this Contract, Contractor shall defend the County at its sole cost and expense with counsel approved by Board of Supervisors against same; and 2) Contractor's duty to defend, as stated above, shall be absolute and irrespective of any duty to indemnify or hold harmless; and
3) The provisions of California Civil Code Section 2860 shall apply to any and all actions to which the duty to defend stated above applies, and the Contractor's SIR provision shall be interpreted as though the Contractor was an insurer and the County was the insured.

If the Contractor fails to maintain insurance acceptable to the County for the full term of this Contract, the County may terminate this Contract.

Qualified Insurer
The policy or policies of insurance must be issued by an insurer with a minimum rating of A- (Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com). It is preferred, but not mandatory, that the insurer be licensed to do business in the state of California (California Admitted Carrier).

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If the insurance carrier does not have an A.M. Best Rating of A-NIII, the CEO/Office of Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings.

The policy or policies of insurance maintained by the Contractor shall provide the minimum limits and coverage as set forth below:

Coverage
Commercial General Liability
Automobile Liability including coverage
for owned, non-owned and hired vehicles
Workers Compensation
Employers Liability Insurance
Professional Liability Insurance
or per occurrence
Required Coverage Forms
Minimum Limits
$1,000,000 per occurrence
$2,000,000 aggregate
$1 ,000,000 per occurrence
Statutory
$1,000,000 per occurrence
$1,000,000 per claims made
The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad.

The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 0012, CA 00 20, or a substitute form providing coverage at least as broad.

Required Endorsements
The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance:
1) An Additional Insured endorsement using ISO form CG 20 26 04 13or a form at least as broad naming the County of Orange its elected and appointed officials, officers, agents and employees as Additional Insureds, or provide blanket coverage, which will state AS REQUIRED BY WRITTEN CONTRACT.
2) A primary non-contributing endorsement using ISO form CG 20 01 04 13, or a form at least as broad evidencing that the Contractor's insurance is primary and any insurance or self-insurance maintained by the County of Orange shall be excess and non-contributing.

The Workers' Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents and employees or provide blanket coverage, which will state AS REQUIRED BY WRITTEN CONTRACT.

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All insurance policies required by this Contract shall waive all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents and employees when acting within the scope of their appointment or employment.

Contractor shall notify County in writing within thirty (30) days of any policy cancellation and ten ( 10) days for non-payment of premium and provide a copy of the cancellation notice to County.

Failure to provide written notice of cancellation may constitute a material breach of the Contract, upon which the County may suspend or terminate this Contract.

The Commercial General Liability policy shall contain a severability of interests clause also known as a "separation of insureds" clause (standard in the ISO CG 0001 policy).

Insurance certificates should be forwarded to the agency/department address listed on the solicitation.

If the Contractor fails to provide the insurance certificates and endorsements within seven (7) days of notification by CEO/Procurement or the agency/department procurement division, award may be made to the next qualified vendor.

County expressly retains the right to require Contractor to increase or decrease insurance of any of the above insurance types throughout the term of this Contract. Any increase or decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect County.

County shall notify Contractor in writing of changes in the insurance requirements. If Contractor does not deposit copies of acceptable Certificates of Insurance and endorsements with County incorporating such changes within thirty (30) days of receipt of such notice, this Contract may be in breach without further notice to Contractor, and County shall be entitled to all legal remedies.

The procuring of such required policy or policies of insurance shall not be construed to limit Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements of this Contract, nor act in any way to reduce the policy coverage and limits available from the insurer.

Q. Changes: Contractor shall make no changes in the work or perform any additional work without the County's specific written approval.

R. Force Majeure: Contractor shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided Contractor gives written notice of the cause of the delay to County within 36 hours of the start of the delay and Contractor avails himself of any available remedies.

S. Confidentiality: Contractor agrees to maintain the confidentiality of all County and Countyrelated records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this Contract. All such records and information shall be considered confidential and kept confidential by Contractor and Contractor's staff, agents and employees.

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T. Compliance with Laws: Contractor represents and warrants that services to be provided under this Contract shall fully comply, at Contractor's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively "laws"), including, but not limited to those issued by County in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by County. Contractor acknowledges that County is relying on Contractor to ensure such compliance, and pursuant to the requirements of article "Z" below, Contractor agrees that it shall defend, indemnify and hold County and County INDEMNITEES harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws.

U. Freight: Prior to the County's express acceptance of delivery of products. Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract.

V. Severability: If any term, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

W. Attorney Fees: In any action or proceeding to enforce or interpret any provision of this Contract, each party shall bear their own attorney's fees, costs and expenses.

X. Interpretation: This Contract has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each party had been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other party hereto or by any person representing them, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to effect the purpose of the parties and this Contract.

Y. Employee Eligibility Verification: The Contractor warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statutes and regulations. The Contractor shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. The Contractor shall retain all such documentation for all covered employees for the period prescribed by the law. The Contractor shall indemnify, defend with counsel approved in writing by County, and hold harmless, the County, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against the Contractor or the County or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract.

Z. Indemnification: Contractor agrees to indemnify, defend with counsel approved in writing by County, and hold County, its elected and appointed officials, officers, employees, agents and those special districts and agencies which County's Board of Supervisors acts as the governing Board C026659 Page Bo/56
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("County Indemnitees") harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by Contractor pursuant to this Contract. If judgment is entered against Contractor and County by a court of competent jurisdiction because of the concurrent active negligence of County or County Indemnitees, Contractor and County agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment.

AA. Audits/Inspections: Contractor agrees to permit the County's Auditor-Controller or the AuditorController's authorized representative (including auditors from a private auditing company hired by the County) access during normal working hours to all books, accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts payable/receivable records, and other papers or property of Contractor for the purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confined to those matters connected with the performance of the Contract including, but not limited to, the costs of administering the Contract. The County will provide reasonable notice of such an audit or inspection.

The County reserves the right to audit and verify the Contractor's records before final payment is made.

Contractor agrees to maintain such records for possible audit for a minimum of three years after final payment, unless a longer period of records retention is stipulated under this Contract or by law. Contractor agrees to allow interviews of any employees or others who might reasonably have information related to such records. Further, Contractor agrees to include a similar right to the County to audit records and interview staff of any subcontractor related to performance of this Contract.

Should the Contractor cease to exist as a legal entity, the Contractor's records pertaining to this Contract shall be forwarded to the County's project manager.

BB. Contingency of Funds: Contractor acknowledges that funding or portions of funding for this Contract may be contingent upon state budget approval; receipt of funds from, and/or obligation of funds by, the state of California to County; and inclusion of sufficient funding for the services hereunder in the budget approved by County's Board of Supervisors for each fiscal year covered by this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, County may immediately terminate or modify this Contract without penalty.

CC. Expenditure Limit: The Contractor shall notify the County of Orange assigned Deputy Purchasing Agent in writing when the expenditures against the Contract reach 75 percent of the dollar limit on the Contract. The County will not be responsible for any expenditure overruns and will not pay for work exceeding the dollar limit on the Contract unless a change order to cover those costs has been issued.

DD. Subcontracting: No performance of this Contract or any portion thereof may be subcontracted by the Contractor without the express written consent of the County. Any attempt by the Contractor to subcontract any performance of this Contract without the express written consent of the County shall be invalid and shall constitute a breach of this Contract.

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In the event that the Contractor is authorized by the County to subcontract, this Contract shall take precedence over the terms of the Contract between Contractor and subcontractor and shall incorporate by reference the terms of this Contract. The County shall look to the Contractor for performance and indemnification and not deal directly with any subcontractor. All work performed by a subcontractor.

Additional Terms and Conditions:

1. Scope of Contract: This Contract specifies the contractual terms and conditions by which the County will procure Trash and Debris Capture Devices from Contractor as further detailed in the Scope of Work, identified and incorporated herein by this reference as "Attachment A".

2. Term of Contract: The initial term of this Contract shall be effective upon execution of all necessary signatures and shall continue for five (5) years from that date, unless otherwise terminated as provided herein.

3. Adjustments - Scope of Work: No adjustments made to the Scope of Work will be authorized without prior written approval of the County assigned Deputy Purchasing Agent.

4. Breach of Contract: The failure of the Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event the County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a) Terminate the Contract immediately, pursuant to Section K herein; b) Afford the Contractor written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach; c) Discontinue payment to the Contactor for and during the period in which the Contractor is in breach; and
d) Offset against any monies billed by the Contractor but yet unpaid by the County those monies disallowed pursuant to the above.

5. Civil Rights: Contractor attests that services provided shall be in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975 as amended; Title II of the Americans with Disabilities Act of 1990, and other applicable State and federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification, age, religion, marital status, sex or disability.

6. Conflict of Interest- Contractor's Personnel: The Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the County. This obligation shall apply to the Contractor; the Contractor's employees, agents, and subcontractors associated with accomplishing work and services hereunder. The Contractor's efforts shall include, but not be limited to establishing precautions to prevent its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers from acting in the best interests of the County.

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7. Conflict of Interest - County Personnel: The County of Orange Board of Supervisors policy prohibits its employees from engaging in activities involving a conflict of interest. The Contractor shall not, during the period of this Contract, employ any County employee for any purpose.

8. Contractor's Project Manager and Key Personnel: Contractor shall appoint a Project Manager to direct the Contractor's efforts in fulfilling Contractor's obligations under this Contract. This Project Manager shall be subject to approval by the County and shall not be changed without the written consent of the County's Project Manager, which consent shall not be unreasonably withheld.

The Contractor's Project Manager shall be assigned to this project for the duration of the Contract and shall diligently pursue all work and services to meet the project time lines. The County's Project Manager shall have the right to require the removal and replacement of the Contractor's Project Manager from providing services to the County under this Contract. The County's Project manager shall notify the Contractor in writing of such action. The Contractor shall accomplish the removal within five (5) business days after written notice by the County's Project Manager. The County's Project Manager shall review and approve the appointment of the replacement for the Contractor's Project Manager. The County is not required to provide any additional information, reason or rationale in the event it The County is not required to provide any additional information, reason or rationale in the event it requires the removal of Contractor's Project Manager from providing further services under the Contract.

9. Contractor's Expense: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on County sites during the performance of work and services under this Contract. The County will not provide free parking for any service in the County Civic Center.

10. Contractor Personnel - Uniform/Badges/Identification: The Contractor warrants that all persons employed to provide service under this Contract have satisfactory past work records indicating their ability to accept the kind of responsibility under this Contract.

All Contractor's employees shall be required to wear uniforms, badges, or other means of identification which are to be furnished by the Contractor and must be work at all times while working on County property. The assigned Deputy Purchasing Agent must be notified in writing, within seven (7) days of notification of award of Contract of the uniform and/or badges and/or other identification to be worn by employees prior to beginning work and notified in writing seven (7) days prior to any changes in this procedure.

11. Contractor's Records: The Contractor shall keep true and accurate accounts, records, books and data which shall correctly reflect the business transacted by the Contractor in accordance with generally accepted accounting principles. These records shall be stored in Orange County for a period of three (3) years after final payment is received from the County. Storage of records in another county will require written approval from the County of Orange assigned Deputy Purchasing Agent.

12. Conditions Affecting Work: The Contractor shall be responsible for taking all steps reasonably necessary to ascertain the nature and location of the work to be performed under this Contract and to know the general conditions which can affect the work or the cost thereof. Any failure by the Contractor to do so will not relieve Contractor from responsibility for successfully performing the C026659 Page 11 o/56
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work without additional cost to the County. The County assumes no responsibility for any understanding or representations concerning the nature, location(s) or general conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by the County are expressly stated in the Contract.

13. Contractor Personnel- Reference Checks: The Contractor warrants that all persons employed to provide service under this Contract have satisfactory past work records indicating their ability to adequately perform the work under this Contract. Contractor's employees assigned to this project must meet character standards as demonstrated by background investigation and reference checks, coordinated by the agency/department issuing this Contract.

14. Conditions Affecting Work: The Contractor shall be responsible for taking all steps reasonably necessary to ascertain the nature and location of the work to be performed under this Contract and to know the general conditions which can affect the work or the cost thereof. Any failure by the Contractor to do so will not relieve Contractor from responsibility for successfully performing the work without additional cost to the County. The County assumes no responsibility for any understanding or representations concerning the nature, location(s) or general conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by the County are expressly stated in the Contract.

15. Regional Cooperative Agreement: Regional Cooperative Agreements (RCA) awarded by the County of Orange are intended to be used as cooperative agreements against which individual subordinate contracts may be executed by participating County departments and non-County public entities during the effective dates outlined herein. The RCA terms, conditions, and pricing shall be extended to all subordinate contracts issued in accordance with the RCA. Subordinate contracts shall be in full force and effect through their agreed upon termination date, unless otherwise terminated by the agency/department. County departments and non-County public entities shall issue subordinate contracts in their own names and be solely responsible for all payment requirements. Contractor shall ensure that all subordinate contracts with non-County public agencies contain an indemnification clause in which the non-County agency indemnifies and holds harmless the County of Orange from all claims, demand actions, or causes of actions of every kind arising out of, or in any way connected with the use of County issued cooperative agreements.

Failure to meet this requirement shall be considered a material breach of this RCA and grounds for immediate contract termination. The cooperative entities are responsible for obtaining all certificates of insurance and bonds required. The Contractor is responsible for providing each cooperative entity a copy of the Contract upon request by the cooperative entity. The County of Orange makes no guarantee of usage by other users of this Contract.

Contactor and participating non-County entities shall ensure adherence to all applicable public project competitive bidding and public works prevailing wage statutes, as required by law, for installation work.

The Contractor shall be required to maintain a list of the cooperative entities using this Contract. The list shall report dollar volumes spent annually and shall be provided on an annual basis to the County, at the County's request.

16. Breach of Contract: The failure of the Contractor to comply with any of the provisions, covenants, or conditions of this Contract shall be a material breach of this Contract. In such event the County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:

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a. Afford the contractor written notice of the breach and ten calendar days or such shorter time that may be specified in this contract within which to cure the breach; b. Discontinue payment to the contactor for and during the period in which the contractor is in breach; and
c. Offset against any monies billed by the contractor but yet unpaid by the County those monies disallowed pursuant to the above.

17. Data - Title To: All materials, documents, data or information obtained from the County data files or any County medium furnished to the Contractor in the performance of this Contract will at all times remain the property of the County. Such data or information may not be used or copied for direct or indirect use by the Contractor after completion or termination of this Contract without the express written consent of the County. All materials, documents, data or information, including copies, must be returned to the County at the end of this Contract.

18. Default - Reprocurement Costs: In case of Contract breach by Contractor, resulting in termination by the County, the County may procure the goods and/or services from other sources.

If the cost for those goods and/or services is higher than under the terms of the existing Contract, Contractor will be responsible for paying the County the difference between the Contract cost and the price paid, and the County may deduct this cost from any unpaid balance due the Contractor.

The price paid by the County shall be the prevailing market price at the time such purchase is made.

This is in addition to any other remedies available under this Contract and under law.

19. Disputes-Contract:

A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor's Project Manager and the County's Project Manager, as specified in Article 22. "Notices," such matter shall be brought to the attention of the County Deputy Purchasing Agent by way of the following process:

1. The Contractor shall submit to the agency/department assigned Deputy Purchasing Agent a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.

2. The Contractor's written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.

B. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor's failure to diligently proceed shall be considered a material breach of this Contract.

Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County Deputy Purchasing Agent or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor's demand, it shall be deemed a final decision C026659 Page 13 o/56
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adverse to the Contractor's contentions. Nothing in this section shall be construed as affecting the County's right to terminate the Contract for cause or termination for convenience as stated in section K herein.

20. Drug-Free Workplace: The Contractor hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The Contractor will:

1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a)(l).

2. Establish a drug-free awareness program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:
a. The dangers of drug abuse in the workplace;
b. The organization's policy of maintaining a drug-free workplace; c. Any available counseling, rehabilitation and employee assistance programs; and
d. Penalties that may be imposed upon employees for drug abuse violations.

3. Provide as required by Government Code Section 8355(a)(3) that every employee who works under this Contract:
a. Will receive a copy of the company's drug-free policy statement; and b. Will agree to abide by the terms of the company's statement as a condition of employment under this Contract.

Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the Contract or both, and the Contractor may be ineligible for award of any future County contracts if the County determines that any of the following has occurred:

1. The Contractor has made false certification, or

2. The Contractor violates the certification by failing to carry out the requirements as noted above.

21. EDD Independent Contractor Reporting Requirements: Effective January 1, 2001, the County of Orange is required to file in accordance with subdivision (a) of Section 604 lA of the Internal Revenue Code for services received from a "service provider" to whom the County pays $600 or more or with whom the County enters into a contract for $600 or more within a single calendar year. The purpose of this reporting requirement is to increase child support collection by helping to locate parents who are delinquent in their child support obligations.

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The term "service provider" is defined in California Unemployment Insurance Code Section 1088.8, sub article B.2 as "an individual who is not an employee of the service recipient for California purposes and who received compensation or executes a contract for services performed for that service recipient within or without the state." The term is further defined by the California Employment Development Department to refer specifically to independent Contractors. An independent Contractor is defined as "an individual who is not an employee of the ... government entity for California purposes and who receives compensation or executes a contract for services performed for that ... government entity either in or outside of California." The reporting requirement does not apply to corporations, general partnerships, limited liability partnerships, and limited liability companies.

Additional information on this reporting requirement can be found at the California Employment Development Department web site located at
htt p://www.edd.ca.gov/Employer Services.htm

22. Errors and Omissions: All reports, files and other documents prepared and submitted by Contractor shall be complete and shall be carefully checked by the professional(s) identified by Contractor as project manager and key personnel attached hereto, prior to submission to the County.

Contractor agrees that County review is discretionary and Contractor shall not assume that the County will discover errors and/or omissions. If the County discovers any errors or omissions prior to approving Contractor's reports, files and other written documents, the reports, files or documents will be returned to Contractor for correction. Should the County or others discover errors or omissions in the reports, files or other written documents submitted by the Contractor after County approval thereof, County approval of Contractor's reports, files or documents shall not be used as a defense by Contractor in any action between the County and Contractor, and the reports, files or documents will be returned to Contractor for correction.

23. Equal Employment Opportunity: The Contractor shall comply with U.S. Executive Order 11246 entitled, "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor regulations ( 41 CFR, Part 60) and applicable state of California regulations as may now exist or be amended in the future. The Contractor shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, ancestry, religion, sex, marital status, political affiliation or physical or mental condition.

Regarding handicapped persons, the Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to provide equal opportunity to handicapped persons in employment or in advancement in employment or otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicaps in all employment practices such as the following: employment, upgrading, promotions, transfers, recruitments, advertising, layoffs, terminations, rate of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to comply with the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, pertaining to prohibition of discrimination against qualified handicapped persons in all programs and/or activities as detailed in regulations signed by the Secretary of the Department of Health and Human Services effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68 dated May 4, 1977, as may now exist or be amended in the future.

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Regarding Americans with disabilities, Contractor agrees to comply with applicable provisions of Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in the future.

24. News/Information Release: The Contractor agrees that it will not issue any news releases in connection with either the award of this Contract or any subsequent amendment of or effort under this Contract without first obtaining review and written approval of said news releases from the County through the County's Project Manager.

25. Notices: Any and all notices, requests demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing with a copy provided to the assigned Deputy Purchasing Agent (DPA), except through the course of the parties' project managers' routine exchange of information and cooperation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual inperson delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid.

Contractor:

County's Project Manager:

G2 Construction Inc.

Attn: Eric H. Taylor
1352 E. Boarchard Ave.

Santa Ana, CA 92705
Phone: 714-679-2550
Email: [email protected]
OC Public W orks/OC Environmental Services
Attn: Grant Sharp
2301 N. Glassell Street
Orange, CA 92865
Phone:714-955-0633
Email: [email protected]
cc: OC Public Works/Procurement Services
Attn: Nicholas Murray, County DPA
Santa Ana, CA 92701
Phone: 714-667-<TBA>
Email: [email protected]

26. Precedence: The Contract documents consist of this Contract and its exhibits and attachments. In the event of a conflict between or among the Contract documents, the order of precedence shall be the provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and articles of this Contract, and then the exhibits and attachments.

27. Termination - Orderly: After receipt of a termination notice from the County of Orange, the Contractor may submit to the County a termination claim, if applicable. Such claim shall be submitted promptly, but in no event later than 60 days from the effective date of the termination, unless one or more extensions in writing are granted by the County upon written request of the C026659 Page 16 o/56
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Contractor. Upon termination County agrees to pay the Contractor for all services performed prior to termination which meet the requirements of the Contract, provided, however, that such compensation combined with previously paid compensation shall not exceed the total compensation set forth in the Contract. Upon termination or other expiration of this Contract, each party shall promptly return to the other party all papers, materials, and other properties of the other held by each for purposes of performance of the Contract.

28. Usage: No guarantee is given by the County to the Contractor regarding usage of this Contract.

Usage figures, if provided, are approximations. The Contractor agrees to supply services and/or commodities requested, as needed by the County of Orange, at rates/prices listed in the Contract, regardless of quantity requested.

29. Usage Reports: The Contractor shall submit usage reports on an annual basis to the assigned Deputy Purchasing Agent of the County of Orange user agency/department. The usage report shall be in a format specified by the user agency/department and shall be submitted 90 days prior to the expiration date of the contract term, or any subsequent renewal term, if applicable.

30. Prevailing Wage: (Labor Code §1773): Pursuant to the provisions of Section 1773 of the Labor Code of the state of California, the contractor shall comply with the general prevailing rates of per diem wages and the general prevailing rates for holiday and overtime wages in this locality for each craft, classification, or type of worker needed to execute this contract. The rates are available from the Director of the Department of Industrial Relations at the following website:
http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm. The contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates. The Contractor shall comply with the provisions of Sections 177 5 and 1813 of the Labor Code.

31. Payroll Records: Contractor and any Subcontractor(s) shall comply with the requirements of Labor Code Section 1776. Such compliance includes the obligation to furnish the records specified in Section 1776 directly to the Labor Commissioner in an electronic format, or other format as specified by the Commissioner, in the manner provided by Labor Code Section 1771.4.

C026659
The requirements of Labor Code Section 1776 provide in part:
i. Contractor and any Subcontractor( s) performing any portion of the work under this Contract shall keep an accurate record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker. or other employee employed by Contractor or any Subcontractor(s) in connection with the work.
ii. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(A) The information contained in the payroll record is true and correct. (B) The employer has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any work performed by his or her employees in connection with the Contract.
iii. The payroll records shall be certified and shall be available for inspection at the principal office of Contractor on the basis set forth in Labor Code Section 1776.

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1v. Contractor shall inform County of the location of the payroll records, including the street address, city and county, and shall, within five working days, provide a notice of any change of location and address of the records. v. Pursuant to Labor Code Section 1776, Contractor and any Subcontractor(s) shall have 10 days in which to provide a certified copy of the payroll records subsequent to receipt of a written notice requesting the records described herein. In the event that Contractor or any Subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to County forfeit $100, or a higher amount as provided by Section 1776, for each calendar day, or portion thereof, for each worker to whom the noncompliance pertains, until strict compliance is effectuated.

Contractor acknowledges that, without limitation as to other remedies of enforcement available to County, upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of the California Department of Industrial Relations, such penalties shall be withheld from progress payments then due Contractor. Contractor is not subject to a penalty assessment pursuant to this section due to the failure of a Subcontractor to comply with this section.

Contractor and any Subcontractor(s) shall comply with the provisions of Labor Code Sections 1771 et seq., and shall pay workers employed on the Contract not less than the general prevailing rates of per diem wages and holiday and overtime wages as determined by the Director of Industrial Relations. Contractor shall post a copy of these wage rates at the job site for each craft, classification, or type of woi::kerneeded in the performance of this Contract, as well as any additional job site notices required by Labor Code Section 177 l .4(b ). Copies of these rates are on file at the principal office of County's representative, or may be obtained from the State Office, Department of Industrial Relations ("DIR") or from the DIR's website at www.dir.ca.e:ov. If the Contract is federally funded, Contractor and any Subcontractor(s) shall not pay less than the higher of these rates or the rates determined by the United States Department of Labor.

Prevailing Wage and DIR Requirement:

Awarding agencies are not required to submit the notice of contract award through DIR's PWC100 system on projects that fall within the small project exemption. The small project exemption applies for all public works projects that do not exceed:
• $25,000 for new construction, alteration, installation, demolition or repair • $15,000 for maintenance
If the project meets or exceeds these amounts, the County and the Contractor are required to register the project with the California Department of Industrial Relations. https://www.dir.ca.gov/Public-Works/PublicWorks.html

33. Apprenticeship requirements: The Contractor shall comply with Section 230.l(A), California Code of Regulations as required by the Department of Industrial Relations, Division of C026659 Page 18 o/56
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Apprenticeship Standards by submitting DAS Form to the Joint Apprenticeship Committee of the craft or trade in the area of the site.

34. Registration of Contractors: All contractors and subcontractors must comply with the requirements of Labor Code Section 1771.1 ( a), pertaining to registration of contractors pursuant to Section 1725.5. Bids cannot be accepted from unregistered contractors except as provided in Section 1771.1. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. After award of the contract, Contractor and each Subcontractor shall furnish electronic payroll records directly to the Labor Commissioner in the manner specified in Labor Code Section 1771.4.

35. Change of Ownership/Name, Litigation Status, Conflicts with County Interests: Contractor agrees that if there is a change or transfer in ownership of Contractor's business prior to completion of this Contract, the new owners shall be required under the terms of sale or other instruments of transfer to assume Contractor's duties and obligations contained in this Contract, and complete them to the satisfaction of the County. County reserves the right to immediately terminate the Contract in the event the County determines that the assignee is not qualified or is otherwise unacceptable to the County for the provision of services under the Contract. Contractor has the duty to notify the County in writing of any change in the Contractor's status with respect to name changes that do not require an assignment of the Contract. The Contractor is also obligated to notify the County in writing of any potential conflicts of interest between Contractor and County that may arise prior to or during the period of Contract performance. While Contractor will be required to provide this information without prompting from the County any time there is a change in Contractor's name, or conflict of interest, Contractor must also provide an update to the County of its status in these areas whenever requested by the County. The Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with County interests. In addition to the Contractor, this obligation shall apply to the Contractor's employees, agents, and subcontractors associated with the provision of goods and services provided under this Contract. The Contractor's efforts shall include, but not be limited to establishing rules and procedures preventing its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers in the performance of their dutie C026659 Page 19 of 56
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Signature Page
RFP# 080-C016977-NF
IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the date following their respective signatures.

G2 CONSTRUCTION, INC.*
~ ~- dl.».o¥-(J..tb John R. Alvarado President
Signature Name Title
VfJ.,itJ,. b. 41.».o¥-~ Lydia G. A 1 var ado Treasurer
Signature Name Title
COUNTY OF ORANGE, A political subdivision of the State of California COUNTY AUTHORIZED SIGNATURE:
/signature Name Title
APPROVED AS TO FORM:

County Counsel
By _~ _ _ __
S~ _____ ___ Mark Sanchez
_
Date
Deputy
3/26/2020
- - --- ---------
3/26/2020
Date
3/26/2020
Date
* If the contracting party is a corporation, (2) two signatures are required: one ( 1) signature by the Chairman of the Board, the President or any Vice President; and one (1) signature by the Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer. The signature of one person alone is sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two categories described above. For County purposes, proof of such dual office holding will be satisfied by having the individual sign the instrument twice, each time indicating his or her office that qualifies under the above described provision. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signee to bind the corporation.

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I. BACKGROUND

ATTACHMENT A

SCOPE OF WORK
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The Orange County Transportation Authority's (OCTA) Environmental Cleanup Program (ECP) provides a two percent allocation of annual gross Measure M2 (M2) revenues to improve overall water quality in Orange County from transportation-related pollution. The ECP competitive funds can be used to implement water quality improvement projects addressing pollutants originating from or conveyed through transportation systems. These funds will assist Orange County cities and the County of Orange in meeting federal Clean Water Act standards for urban runoff through the purchase and installation of recognized structural best management practices (BMPs). Third parties such as public water and wastewater agencies, environmental advocacy organizations, and homeowners associations may also nominate projects through a municipality that is willing and able to take responsibility for carrying out and maintaining the project.

II. DESCRIPTION OF PROJECT
In concert with the M2 Grant Program, this Scope of Work is designed to assemble a panel of Contractors to achieve economies of scale on a list of fixed unit prices for the purchase and installation of equipment and devices designed to remove litter, debris, and other water quality pollutants, herein referred to as "Stonnwater Treatment Devices." Selected Contractors will be part of a Master Agreement between the County of Orange and OCT A that will allow municipalities to select from a listing of Contractors to provide, supply, fabricate, construct, deliver, and install Stormwater Treatment Devices. Agencies wishing to use the Master Agreement may purchase BMPs with M2 grant monies or any other funding source.

Accordingly, the goal of this RFP is to establish a Master Agreement that achieves strategic savings that would benefit the County and OCT A to act as the purchasing and contract administrators for M2 grant-eligible entities. Proposals that do not provide a discounted price that offer economies of scale that are more than standard bulk pricing/installation listing will not be considered. Proposals will not be accepted solely for equipment purchases or installations. Awarded ECP entities are not obligated to utilize the selected Contractors. Rather, this process is intended to provide a mechanism for reduced rates for equipment and its installation for Orange County municipalities, including those implementing projects with M2 funding. In addition, if a local agency is a party to this Master Agreement, a separate agreement, city council resolution, or other protocol may be necessary with the selected Contractor(s).

The eligible qualifications are discussed below.

Each selected Contractor will be under contract with the County of Orange's OC Public Works Department and OCT A, but will take primary direction from local agency. Contractor's will directly invoice and be paid by the local agency.

III. ELIGIBILITY QUALIFICATIONS
Stormwater Treatment Devices must be capable of handling flows from a design storm of 0.2- inches/hour.

The hydrologic method to be used to calculate the flow associated with LID and water quality design storm flow is:

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Frequired = C X I X A
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Where Frequired = Flow capacity (cubic feet/sec); C = runoff coefficient (ranges from Oto 1); I= 0.2 inches/hour; and A= tributary area (acres).

Treatment devices should also be able to operate in a hydraulic surcharge condition (defined as a condition that exceeds the design discharge) without releasing stored pollutants to the receiving water.

Stormwater Treatment Devices which meet this definition and would be eligible for consideration are:

A. Hydrodynamic Separation and Gross Solids Removal Devices Hydrodynamic separators are flow-through structures with a settling or separation unit to remove sediments and other pollutants and are widely used in stormwater treatment. No outside power source is required, because the energy of the flowing water allows the sediments to efficiently separate. Depending on the type of unit, this separation may be by means of centrifugal force or indirect filtration.

Gross Solids Removal Devices ( either linear radial or inclined screen) are structural best management practices designed to remove trash, vegetative material, and other particles of relatively large, gross size from stonnwater runoff.

B. Catch Basin Inserts
Catch basin inserts are designed to remove oil and grease, trash, debris, and sediment and improve the efficiency of catch basins. Some inserts are designed to drop directly into existing catch basins, while others may require retrofit construction. Several varieties of catch basin inserts exist for filtering runoff.

C. Automatic Retractable Screens
Automatic retractable screens are mounted inside a storm drain inlet and are designed to remain closed to capture debris during the dry season. During storm events, the screens retract, allowing heavy flows to enter the storm drain.

D. Cartridge Filter-type Control Devices
Cartridge filter-type controls typically consist of a series of vertical filters contained in a vault or catch basin that provide treatment through filtration and sedimentation.

E. Biological Treatment Devices
Bioretention devices include raingardens, swales, and filter strips; all use plants and substrate to detain and filter storm water to reduce excessive runoff from roads and paved surfaces, and provide opportunities for enhancing natural landscape and biodiversity elements in the urban environment.

F. In-line Trash and Debris Capture Devices (Trash Booms and Trash Nets) Trash booms and nets are designed to assist in the control, containment and recovery of floating trash, debris, timber, urban waste or aquatic plants. Typically built as floating structures, these devices are designed to control pollution along the surface of the water.

C026659 Page22 o/56
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31 DocuSign Envelope ID: DCA2CF3D-555D-4553-B506-8785B6DBD25E County of Orange, OC Public Works MA-080-20011478
G2 Construction, Inc. Trash and Debris Capture Devices
IV. REQUIREMENTS
• The devices shall be ready for shipment, delivery and/or installation within two months of receipt of orders.
• Warranty on parts and labor shall be for a minimum of 10 years.

V. EQUIPMENT DESIGN AND SPECIFICATIONS REPORT
All proposals shall include information pertaining to the proposed stormwater treatment device, including, but not limited to: product description, design, engineering, siting, operation, and maintenance. The following information should be summarized in an Equipment Design and Specification Report (Report) for each proposed device in the given order as listed below. A submittal that does not address all aspects of the following evaluation criteria and/or cannot be readily located within the Report will be deemed incomplete. Please provide a basis (or all estimated values.

C026659
A. Description/Design/Engineering
Describe how the equipment meets the intent of _the OCT A Tier I Environmental Cleanup Program.

A detailed description of the equipment and design elements, inclusive of sizing and geometry (include diagrams or CAD files).

Materials used to construct the equipment (i.e., stainless steel, grade, plastic, etc.).

Flow or range of flows for which equipment is rated (in cubic feet per second).

Estimated design life of the equipment.

B. Performance Effectiveness
Performance effectiveness in reducing trash, litter, debris and other transportation related pollutants (percent reduction) and associated transportation related water quality impacts (include independent analyses if any).

Trash capture (meeting the definition of "full capture system") and storage capacity of the equipment (if applicable).

Overflow or bypass flow capacity of the equipment when full of trash and overflowing (i.e., storage capacity of the equipment when the one-year, one hour storm is no longer fully filtered) (if applicable).

Maximum overflow or bypass flow capacity of the device (i.e., I 0-year storm event) (if applicable).

Device performance effectiveness in terms of pounds of trash removed per total project cost (see section V., F.)
C. Siting, Operation, and Maintenance
Description of Contractor's installation process including consultation and review of device locations with municipal staff, traffic control during installation, and estimated time required to install each device.

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32 OocuSign Envelope ID: DCA2CF3D-555D-4553-B506-878586D8D25E County of Orange, OC Public Works MA-080-20011478
G2 Construction, Inc. Trash and Debris Capture Devices
Description of the site-specific measurements and other information a municipality must provide the Contractor for determining the appropriate size and configuration of the device for that location (i.e. Eligible entities will need to determine how to select the right device for their desired location).

A discussion of any regulatory permits that may be required for installation.

Maintenance requirements ( describe in detail how the device must be maintained and the approximate amount of time required for cleaning or maintenance. In addition, discuss whether the device has design capabilities for easy removal for cleaning or maintenance).

Estimated life cycle costs for maintenance.

Durability against external factors, such as street sweeping, car parking, etc.

Availability ofreplacement parts and life expectancy.

Warranty coverage and duration.

Aesthetics and safety.

Any key factors that makes the device unique among other products.

D. Contractor's Installation Background
Ability of Contractor to have staff and/or subcontractor(s) to manufacture device and provide installation to eligible entities within Orange County.

Experience, background, training, and number of staff and/or subcontractor(s) who will fabricate and/or install device.

E. Operating Locations, References, and Certifications
A minimum of three locations, inclusive of address or nearest intersection, and photos of device in operation within southern California, preferably Orange County.

References from three public agencies. (See Appendix A for Contractor's Reference Forms) Certifications obtained from public agencies and/or Regional Water Quality Control Boards.

VI. PROJECT MANAGEMENT, COORDINATION, AND ADMINISTRATION A kick-off meeting with selected Contractors and the County and OCT A shall be held to discuss the contractual terms of the Master Agreement. This will establish management, coordination, and administration protocols, and address other issues, as necessary, to ensure that the contractual terms are met. The Contractor's Project Manager shall communicate and coordinate in a timely manner all work and progress with the County's Purchasing and Contract Services Manager and OCT A's ECP Manager.

A monthly progress report detailing the stormwater treatment device purchases and installation per local agency shall be prepared by the Contractor's Project Manager and submitted to the County's Purchasing and Contract Services Manager and OCT A's ECP Manager.

C026659 Page24 o/56
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33 DocuSign Envelope ID: DCA2CF3D-555D-4553-B506-8785B6DBD25E County of Orange, OC Public Works
G2 Construction, Inc.

MA-080-20011478
Trash and Debris Capture Devices
Progress reports shall include the ongoing status of work, significant accomplishments, problems encountered and anticipated with potential solutions, and work planned for the next month (by task and responsible person). In addition, the Contractor will be responsible for developing a Tier 1 Program spreadsheet to capture information from awarded ECP entities. The database will contain the following:

Name of Entity
Contact Name
Contact Phone Number
Contact E-mail Address
Date of Installation
Device inventory number, name, and type
Size/capacity of device
Location of installations
Best estimate of catchment area
Anticipated number of installations within the next month The monthly progress report shall be received no later than the tenth (10th) calendar day of the month.

C026659 Page25of56
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34 DocuSign Envelope ID: DCA2CF3D-555D-4553-B506-8785B6DBD25E County of Orange, OC Public Works MA-080-20011478
G2 Construction, Inc. Trash and Debris Capture Devices

ATTACHMENT B

CONTRACTORS PRICING
A. COMPENSATION
The Respondent agrees to accept the specified compensation as set forth in the final negotiated contract as full payment for performing all services and furnishing all staffing and materials required, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by the Respondent of all its duties and obligations hereunder. The Respondent shall only be compensated as set forth herein for work performed in accordance with the Scope of Work.

The County shall have no obligation to pay any sum in excess of the Fixed Prices and Total Contract Amount specified herein unless authorized by amendment in accordance with (see Model Contract) Articles C and P of the County Contract Terms and Conditions, which may require approval by the County Board of Supervisors.

B. PRICING
Contractor guarantees that pricing is based on best information from Attachment A, "Scope of Work". There are four areas for which pricing information needs to satisfy:

1. Estimated average cost of design and engineering for each type of equipment or device.

2. Estimated unit cost of equipment fabrication or cost of pre-fabricated device.

3. Estimated average cost of device installation, including labor and equipment (include separate line item for each type of device).

4. Estimated average annual life cycle cost of operation and maintenance for each type of device.

Design and Unit Cost of Average Cost Annual
De,'ice Operation and Total
Type Engineering Equipment ofDelice :Maintenance Cost
Cost Fabrication Installation Cost
tPS-Mod $60 $419 $270 $25 $774
GITS $94 $723 $121 $25 $963
ARS-CL $57 $510 $142 $25 $733
*"'*Note: All installation is "optional work" and may not be required/utilized from the Contractor, as the County may only purchase the trash devices and have a third-party licensed contractor install them at the cost of the third party. The Public Contract Code force account limits still apply.***
C026659 Page26of56
259
35 DocuSign Envelope ID: DCA2CF3D-555D-4553-B506-8785B6DBD25E County of Orange, OC Public Works
G2 Construction, Inc.

Product 1 of 3
CPS-Mod™ patented Modular Design
Offered With or Without Installation
p ROOUCT SIZES CPS-Mod"'
Models
MOdl8X35-25
18" Discharge Pipe (with up to MOdlBX42-25
6_0 SQFT of stainless steel Mod1B"4B-3s
screen & deflector, if needed} Modl8x58-15
ModlB"41-2s
24" Discharge Pipe [willl up to Mod24x5l>-2s

9.0 SOFT of stainless steel Mod24X38-3S
screen & deflector, if needed} Mod24"38-1s
Mod24oe&l-2ST
Mod2=2-2s
30" Discharge Pipe {With up to Mod24J!i;Z-3s

11.0 SQFT of stainless steel Mod24X!Sl-4S
Screen & deflector, if needed) t.tod24X59-2ST
Mod3[1)(5()-2s
Larger & Custom MOD-cu.tom

PRICING
MA-080-20011478
Trash and Debris Capture Devices
Warer Board cenmed Full Trash Capture Device
Orange County Volume Discounts
Unit 1-2 3-5 6-20 21-100 101-500 501+
Devices Devices Devices Devices Devices Devices
Device& $980 lnslall 51,376 $1,237 $749 $724 $700
Device $865 $798 $614 $479 $466 $452 Only
Device& S1,697 $1,442 $1, 118 $889 $821 $795 Install
Device
Onlv S1,186 $1,003 $752 $608 $562 $547
Device&
Install 51,939 $1,647 $1,271 $1,002 $954 $906
Device 51,427 $1,208 $906 $732 $695 $659 Only
custom
.. Pnce shown per Devlce. Shipping costs adclillonal. Bond costs addrtmnal.

PRODUCT OPTIONS
Larger Size Stainless Steel Screen
Mosquito Abatement Deflector
Removable System
Hemmed Top for smoother edges
Exira Bracing (eg. inbound pipes)

INSTALLATION OF PRODUCT
PROJECT BONDS (If Required)
Install Travel (In Orange County)
Catch Basin Cleaning
Staff Gauge Painting
Traffic Control during installation
Training Contractor
Install Support

FIELD SERVICES
Product Maintenance Inspections
Locating catch !basins and inlets.

Collecting Lal / Long. of CEls

PROFESSIONAL SERVICES
Custom Product Design
Custom Drawings - Product
Project Management
C026659
Combo-Discount ($50) when new CPS-Mod and ARS-CL installed in same catch basin Product
Code
SCRErnl
MAD-CP5-Mod
REM-CPS-Mod
HEM-CPS-Mod
XBRC-CP5-MDd
llONDS
CIC
CB Clean
STAFfGAUGE
TC-1Diy
TIWN1
SupporUHr
Unit
SCFTSS
Screen
De11eclor
CPS-llod.,.,
CPS-Mod,..

CPS-Mod™
f'rojecl Co51
P.rojedloc.
1 CB
CB
7 Hour.;
1 Dey
1 Hour
Dt!vle~
ce
CB
Hourfy
Davie.

Hourly
-20
1-2 Units 3-5 Units Units
Additional Cost per Unit
$60 $50 $45
$142 $136 5128
$226 $214 S204
$80 $80 $80
$300 $300 S263

4.0% 4.0% 4.0%

FREE FREE FREE
$250 $200 5100
$200 $160 $80
S1,867 $1,867 $1,733
S5,000 $5,000 $5,000
$120 $114 $108
$250 $200 $100
$200 $200 5150
$200 $200 S150
$150 $150 S150
$300 $263 5225
$125 $125 S115
543
$122
$192
S60
$188
4_0%
FREE
550
570
$1,733
$5,000
$103
S50
S75
$75
$150
$225
$100
$41
$116
$184
$60
$156

3.5%
FREE
$45
$62
$1,733
$4,500
$98
$50
$50
$50
$150
$225
$100
501+
Units
$39
$110
$174
$50
$156

3.0%
FREE
$42
$60
$1,690
$4,000
$93
$35
$40
$40
$150
$188
$100
Page27of56
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36 DocuSign Envelope ID: DCA2CF3D-555D-4553-B506-8785B6DBD25E County of Orange, OC Public Works
G2 Construction, Inc.

Product 2 of 3

PRICING
MA-080-20011478
Trash and Debris Capture Devices
G ITS™ Grated Inlet Trash Screen Water Board Certified Full Trash Capture Device C026659
With or Without Installation Orange County Volume Discounts p RODUCT SIZES GITS™ Unit 1-2 3-5 6-20 21-100 101-500 501+ Models Devices Devices Devices Devices Devices Devices
Device & $1 ,645 $1,413 $1 ,055 $938 $866 $783 Rectangular Grate GITS- Install 24"x 24" (or less) 24x24 Device $1,438 $1 ,220 S897 $817 $751 Only $680 Device & $1,833 $1,547 $1,165 $1,037 $962 $866
Rectangular Grate GITS- Install
40"x 24" {or less) 40x24 Device
Only $1 ,581 $1 ,312 $972 $890 $822 $740
Device & $1 ,731 $1,428 $1,078 $950 $867 $783 Round 26" Diameter Install Grate ( or less) GITS-26R Device
Only $1 ,524 $1,235 S920 $829 $752 $680
Device& $2,283 $2,007 $1,563 $1,422 $1,304 $1,175 Round 39" Diameter GITS-39R Install Grate (or less) Device $2,013 $1,755 $1 ,357 $1 ,264 $1,154 $1 ,040 Only Larger and Custom GITS- custom CU$lom
custom
cu1'tcm custom cuslom custom
Price shown per Device. Shipping costs additional. Bond costs additional.

PRODUCT OPTIONS
Vector Conlrol Port
Inlet Steps - custom
Oesig"
Custom Drawings -
Product

FILTRATION OPTIONS
Hydrocarbon
Polypropylene Filter
{ 18"J<24 "X3n}
others Available
Product
Code
VECT
STEPS
CRAW
HCPF-Pll

INSTALLATION OF PRODUCT
PROJECT BONDS BONDS {If Required)
Install Travel (In OC} oc
Inlet Cleaning prior to CB Clean installation
Traffic Control during TC-\Day Installation_
Install Support Support1Hr
Unit
SOFTSS
Screen
GITS"'
GITS™
Drawing
Filter
Oaffector
Project C<i.st
Project Loe.
1 CB
6 Hours
1 Hour
1-2 Units 3-5 Units
$189 $162
$353 $302
$300 $263
$38 $36
varies varies

4.0% 4_0%

FREE FREE
$250 $200
$1,867 $1,867
$120 $114
6-20
Units
$135
$252
$225
$31
varies
4_0%
FREE
$100
$1,733
$108
21-100 101-500
Units Units
$128 $122
$239 $227
$225 $225
528 $27
varies varies

4.0% 3.5%

FREE FREE
$50 $45
S1.733 $1,733
$103 $98
501+
Units
$115
$214
$188
$25
varias

3.0%
FREE
$42
$1,690
$93
SEE PRICING for Field Services & Professional SeIVices on CPS-Mod Pricing Sheet Page28 o/56
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37 DocuSign Envelope ID: DCA2CF3D-555D-4553-B506-8785B6DBD25E County of Orange, OC Public Works MA-080-20011478
G2 Construction, Inc. Trash and Debris Capture Devices
C026659
Product 3 of 3
ARS-CL™
With Installation

PRICING
Patented Camlock Automatic Retractable Screen
Orange county Volume Discounts
SIZE: Unique ARS-Cl™ 1-2 Catch
21-100 101-500 501+ Catch Basin Screens
Model Unit Basins 3-5 CBs 6-20CBs
CBs CBs CBs Width (ft) per CB (CBs}
upto 3' 1 ARS-CL-03 CB $1,155 $1,010 $866 $598 $574 $550

3.1 - 5' 1 ARS-CL-05 CB $1,324 $1,155 $985 $781 $742 $703

5.1' - 7' 2 ARS-CL-07 CB $2,151 $1,868 $1,585 $1,245 $1,183 $1,121

7.1 -10' 2 ARS-Cl-10 CB $2,304 $1,992 $1,681 $1,432 $1,360 $1,289

7.1-10'x 3 ARS-CL-10x CB $2.904 $2,500 $2.202 $1 ,855 $1.762 $1.670

10.1 -14' 3 ARS-Cl-14 CB $2,972 $2,547 $2,229 $1,953 $1,855 $1,757

10.1 -14' X 4 ARS-CL-14x CB $3,547 $3,025 $2,504 $2,295 $2,180 $2,065

14.1-16' 4 ARS-CL-16 CB $3,624 $3,075 $2,778 $2,525 $2,399 $2,273

16.1-21' 5 ARS-CL-21 CB $4,392 $3,706 $3,322 $3,157 $2,999 $2,841

16.1 • 21" X 6 ARS-CL-21x CB $4,751 $3,984 $3,709 $3,525 $3,348 $3,172

21.1 - 28' 6 ARS-Cl-28 CB $4,839 $4,194 $3,904 $3,710 $3,525 $3,339

21.1-28'x g ARS-Cl-28x CB $5,925 $5,312 $4,945 $4,495 $4,270 $4,046 Price shown per Catch Basin (CB). Bonds costs not included. Traffic control additional.

Note: Models with "x" indicates the CB has an extra support bolt.

PRODUCT OPTIONS
Boll-In Connections (Not Welded)
F1Xed Screen Option

INSTALLATION OF PRODUCT
CONTRACT BONDS (If Req'd}
Install Travel (In OC)
Traffic Control during Install.

Catch basin top deck repair.

Unit 1-2 Units 3-5 Units 6-20 Unit.s
Additional Cost per Unit
CB Add15%
CB Subtract 15%
Project 4.0% 4.0% 4.0% Co..t
Project FREE FREE FREE Loe.
6 Houn1 $1,867 $1,867 $1,733
varies
21-100
Units

4.0%
FREE
$1 ,733
SEE PRICING for Field Services & Professional Services on CPS-Mod Pricing Sheet 101-500 501+ Units
Unit.s

3.5% 3.0%

FREE FREE
$1 ,733 $1 ,690
Page29of56
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38 DocuSign Envelope ID: DCA2CF3D-555D-4553-B506-8785B6DBD25E County of Orange, OC Public Works
G2 Construction, Inc.

MA-080-20011478
Trash and Debris Capture Devices
C. PRICING INCREASES/DECREASES
No price increases will be permitted during the first year of the Contract. The County requires documented proof of cost increases on Contracts prior to any price adjustment. A minimum of one hundred eighty (180) days advance notice in writing is required to secure such adjustment. No retroactive price adjustments will be considered. The County may enforce, adjust, negotiate, or cancel escalating price Contracts or take any other action it deems appropriate, as it sees fit. The net dollar amount of profit will remain company during the period of the Contract. Adjustments increasing the Contractor's profit will not be allowed.

A. FIRM DISCOUNT AND PRICING STRUCTURE
Contractor guarantees that prices quoted are equal to or less than prices quoted to any other local, State or Federal government entity for services of equal or lesser scope. Contractor agrees that no price increases shall be passed along to the County during the term of this Contract not otherwise specified and provided for within this Contract.

D. CONTRACTOR'S EXPENSE:

The Contractor will be responsible for all administrative costs including but not limited to photo copying, telephone communications and fax communications while on County sites during the performance of work and services under this Contract.

B. PAYMENT TERMS - PAYMENT IN ARREARS
Invoices are to be submitted in arrears to the user agency/department to the ship-to address, unless otherwise directed in this Contract. Contractor shall reference Contract number on invoice. Payment will be net 30 days after receipt of an invoice in a format acceptable to the County of Orange and verified and approved by the agency/department and subject to routine processing requirements. The responsibility for providing an acceptable invoice rests with the Contractor.

Billing shall cover services and/or goods not previously invoiced. The Contractor shall reimburse the County of Orange for any monies paid to the Contractor for goods or services not provided or when goods or services do not meet the Contract requirements.

Payments made by the County shall not preclude the right of the County from thereafter disputing any items or services involved or billed under this Contract and shall not be construed as acceptance of any part of the goods or services.

C. TAXPAYER ID NUMBER
The Contractor shall include its taxpayer ID number on all invoices submitted to the County for payment to ensure compliance with IRS requirements and to expedite payment processing.

G. INVOICING INSTRUCTIONS:

The Contractor shall submit invoices to County on Contractor's letterhead. Each invoice shall have a unique number and shall include the following information:

1. 2.

3. 4.

C026659
Contractor's name and address
Contractor's remittance address, if different from (1), above Name of County agency/department/contact person
Delivery/service address
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39 DocuSign Envelope ID: DCA2CF3D-555D-4553-B506-878586D8D25E County of Orange, OC Public Works MA-080-20011478
G2 Construction, Inc. Trash and Debris Capture Devices
C026659

5. Contract number

6. Service Date

7. Description of Services

8. Detailed description of commodity transition with unit price, discounted price and totals.

9. Detailed description of total labor hours and charges by employee/location/date/time

10. Total

11. Taxpayer ID number
Invoices and support documentation are to be forwarded to:

OC Public W arks/Procurement Services
Attn: Accounts/Payables
PO Box4048
Santa Ana, CA 92702-4048
Email: accountspayablescaocpw.ocuov.com
Contractor has the option of receiving payment directly to their bank account via an Electronic Fund Transfer (EFT) process in lieu of a check payment. Payment made via EFT will also receive Electronic Remittance Advice with the payment details via email. An email address will need to be provided to the County via an EFT Authorization Form. To request a form, please contact the DPA.

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40 DocuSign Envelope ID: D5C598B6-4AF4-4B3C-8743-1D974A17C101 County of Orange, OC Public Works
G2 Construction, Inc.

AMENDMENT No.I
FOR

TRASH AND DEBRIS CAPTURE DEVICES
MA-080-20011478
This AMENDMENT is made and entered into as of the date fully executed by and between the County of Orange, a political subdivision of the State of California ("County") and G2 Construction, Inc., with a place of business at 1352 E. Boarchard Ave., Santa Ana, CA 92705 ("Contractor"), with County and Contractor sometimes individually referred to as "Party" or collectively referred to as "Parties".

RECITALS
WHEREAS, County and Contractor entered into Contract MA-080-20011478 for Trash and Debris Capture Devices, effective June 3, 2020 through June 2, 2025 ( "Contract"); and, WHEREAS, the Parties now desire to amend the Pricing Clause of the Contract effective October 5, 2021; and,
NOW THEREFORE, the Parties agree as follows:

AMENDMENT TO CONTRACT ARTICLES

1. Attachment B, Section B, shall be amended to read in its entirety as follows:

PRICING
Product 1 of 3
CPS-Mod™ patented Modular Design Water Board Certified Full Trash Capture System p
C026659
Offered With or Without Installation
Orange County Volume Discounts
RODUCT SIZES Unit
1-2 3-5 6-20 21 -100 101 -500 501+
Devices Devices Devices Devices Devices Devices
Device &
Up $2,359 $2,120 $1 ,680 $1,284 $1 ,241 $1 ,199 to 6.0 SQFT of stainless steel lnslaU screen & deflector, if needed. 18"
CB discharge pipe max. Device Only $1,623 $1 ,499 $1 ,154 $899 $874 $849 Device &
Up to 9 $2,910 $2,472 $1 ,916 $1,524 $1 ,408 $1 ,362 .0 SQFT of stainless steel Install screen & deflector, if needed. 24"
CB discharge pipe max. Device Only $2,226 $1 ,884 $1 ,413 $1 ,142 $1 ,056 $1 ,028 Up to 11.0 SQFT of stainless Device & $3,324 $2,822 $2,180 $1,718 $1 ,636 $1 ,554 lnslaU steel screen & deflector, if needed.
30" CB discharge pipe max. Device Only $2,680 $2,268 $1 ,701 $1,375 $1 ,306 $1 ,237 CPS-Mod Mini" - Up to 4.5 SQFT Device & $1 ,887 $1 ,696 $1 ,344 $1,027 $993 $960 screen. ·customer to verify FCS . Install Larger & Custom devices are custom priced.

Price shown per Device. Shipping costs and truces on non-installed devices are additional. Bond costs additional.

Combo-Discount ($50) when new CPS-Modn1 and ARS-CL ™ installed in same catch basin on same project Pagel o/6 Rev. 10/03/2019 265
41 DocuSign Envelope ID: D5C598B6-4AF4-4B3C-87 43-1097 4A 17C101 County of Orange, OC Public Works
G2 Construction, Inc.

PRODUCT OPTIONS
Larger Size Stainless Steel Screen
Mosquito Abatement Deflec:tbr
Removable System
Hemmed Top for smoother edges
Extra Bracing (eg . inbound pipes)

INSTALLATION OF PRODUCT
PROJECT BONDS (If Required)
Install Travel (In Orange County)
Catch Basin (CB) Cleaning
Staff Gauge Painting
Traffic Control during installation
Training Contractor
Remote Support (phone or onllne )

FIELD SERVICES
Product Maintenance Inspections
Locating CBs and inlets.

CB Field Review/ measurement.

Collecting Lat. I Long. of CBs

PROFESSIONAL SERVICES
Custom Product Design
Custom Drawings - Product
Project Management
C026659
1-2 Units 3-5 Units
Addiuonal Cost per Unit
;:,1..1r-1 ss $135 $113 Screen
Deflector $320 $306
CPS-Mod"' $387 $367
CPS-Mod"' $137 $137
CPS-Mod"' $514 $514
Project Cost 4.0% 4.0%
Project Loe. FREE FREE
1 CB $280 $224
CB $230 $184
6 Hours $2,613 $2,613
1 Day $5,600 $5,600
1 Hour $138 $131
Device $280 $224
CB $224 $224
CB $224 $224
CB $224 $224
Hourly $250 $168
Device $336 $294
Hourly $150 $150