Agenda packet — San Clemente City Council, October 1, 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
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting

CITY OF SAN CLEMENTE
Tuesday, October 1, 2024
City Council
Regular Meeting 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.

Page 1 of 11 ends

1 City Council Regular Meeting Agenda October 1, 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.)
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 1

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

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

1. Real Property Negotiations: 150 Avenida Magdalena (APN 060-101-05) and 721 Avenida Salvador (APN 690-502-16)
Property: Wireless tower facilities located on City properties at the Municipal Golf Course site and at the Salvador Water Reservoir (aka Crown Castle Sites 823239 and 879058)
City Negotiators: Andy Hall, City Manager and Jonathan Lightfoot, City Planner Negotiating Parties: Crown Castle and MD7
Under Negotiation: Price and terms
BUSINESS MEETING (6:00 P.M.)

CALL TO ORDER
INVOCATION – Reverend Dale Rosenberger, San Clemente Presbyterian Church

PLEDGE OF ALLEGIANCE

ROLL CALL

1. Special Presentations
A. Registrar of Voters - Voter Integrity
This item has been removed from the agenda.

Page 2 of 11 ends

2 City Council Regular Meeting Agenda October 1, 2024
B. Presentation of Proclamation - Code Enforcement Officer Appreciation Week
Presentation of Proclamation to Danielle Sorahan, Code Compliance Manager, proclaiming October 6-12, 2024 as Code Enforcement Officer Appreciation Week.

C. Presentation of Proclamation - Wildfire Awareness Season Presentation of Proclamation to Orange County Fire Authority Division Chief Maule proclaiming Mid-Summer through Early Autumn 2024 as Wildfire Awareness and Prevention Season.

D. Presentation of Proclamation - Fire Prevention Week
Presentation of Proclamation to Orange County Fire Authority Division Chief Maule proclaiming October 6-12, 2024 as Fire Prevention Week.

E. Hispanic Heritage Month
Recognition of Hispanic Heritage Month, September 15 to October 15, 2024, in celebration of Hispanic and Latino history, culture and legacies that enrich our community.

2. Council Member Reports

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

Page 3 of 11 ends

3 City Council Regular Meeting Agenda October 1, 2024

8. Public Hearings
None.

9. Unfinished Business
None.

10. New Business
10A. CONSIDERATION OF A RESOLUTION AFFIRMING VOTING INTEGRITY FOR

ELECTIONS
This item has been removed from the agenda and will not be considered. 10B. CONTRACT AMENDMENT - SOLID WASTE HANDLING SERVICES FOR TWO MONTHS, SETTING A PROPOSITION 218 HEARING FOR NOVEMBER 19, 2024 TO SET RATES, AND FINDING THE CONTRACT CATEGORICALLY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 24-152, which will:

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

2. Approve Amendment No. 4 to the Agreement with CR&R Incorporated to continue Solid Waste Handling services for two months.

3. Approve, and authorize the City Manager to execute, Amendment No. 4 to Contract No. C87-62, by and between the City of San Clemente and CR&R Incorporated, to continue Solid Waste Handling services for two months.

4. Setting a Proposition 218 Hearing for November 19, 2024 to review the Cost-of-Service Study, hear any protests and set rates.

Page 4 of 11 ends

4 City Council Regular Meeting Agenda October 1, 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 17, 2024.

B. Commission/Committee Minutes
Staff Recommendation:

Receive and file the following:
(1) COASTAL ADVISORY COMMITTEE REGULAR MEETING MINUTES
OF JULY 18, 2024.
(2) PLANNING COMMISSION SPECIAL MEETING MINUTES OF AUGUST 21, 2024.
(3) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF
AUGUST 27, 2024.
(4) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF
SEPTEMBER 5, 2024.

C. Warrant Register
(1) APPROVE WIRE TRANSFER NOS.
3111 THROUGH 3115 AND WARRANT NOS.
599208 THROUGH 599340, PAID ON
9-6-24, IN THE AMOUNT OF $2,813,581.99
(2) APPROVE WIRE TRANSFER NOS.
3116 THROUGH 3117 AND WARRANT NOS.
599341 THROUGH 599499, PAID ON
9-13-24, IN THE AMOUNT OF $3,143,217.56
(3) APPROVE WIRE TRANSFER NOS.
3118 THROUGH 3121 AND WARRANT NOS.
599500 THROUGH 599626, PAID ON
9-20-24, IN THE AMOUNT OF $1,984,696.44
TOTAL WARRANT REGISTER $7,941,495.99

Page 5 of 11 ends

5 City Council Regular Meeting Agenda October 1, 2024
Payroll Register
WARRANT NO. 949 AND AUTOMATIC
DEPOSIT ADVISES 97051
THROUGH 97396, FOR THE PERIOD
8-19-24 THROUGH 9-1-24, PAID
ON 9-6-24, IN THE AMOUNT OF $514,393.07
WARRANT NOS. 950 THROUGH 952 AND
AUTOMATIC DEPOSIT ADVISES 97397
THROUGH 97737, FOR THE PERIOD
9-2-24 THROUGH 9-15-24, PAID
ON 9-20-24, IN THE AMOUNT OF $521,175.25
TOTAL PAYROLL REGISTER $1,035,568.32
11D. ADOPT ORDINANCE NO. 1780 (SECOND READING) - ESTABLISHING

CITYWIDE POSTED SPEED LIMITS AND FINDING THE ORDINANCE

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Staff Recommendation
Adopt 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.
11E. ADOPT ORDINANCE NO. 1781 (SECOND READING) - CONFLICT OF

INTEREST CODE
Staff Recommendation
Adopt 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.

Page 6 of 11 ends

6 City Council Regular Meeting Agenda October 1, 2024
11F. CONTRACT AMENDMENT - MUNICIPAL CITATION LEGAL SERVICES AND

CODE ENFORCEMENT LEGAL SERVICES
Staff Recommendation
Adopt Resolution No. 24-153, which will:

1. Approve the first amendment to the Municipal Citation Legal Services agreement with Civica Law Group, APC, in an amount not to exceed $144,000 for FY 2024-25 and FY 2025-26.

2. Approve an additional appropriation in the amount of $44,400 for the first amendment to the Municipal Citation Legal Services agreement with Civica Law Group, APC.

3. Approve the first amendment to the Code Enforcement Legal Services agreement with Civica Law Group, APC, and its updated rate schedule, with attorney/legal fees not to exceed $186,000 per fiscal year.

4. Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. C24-11, by and between the City of San Clemente and Civica Law Group, APC, providing for Municipal Citation Legal Services, in an amount not to exceed$144,000 for FY 2024-25 and FY 2025-26.

5. Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. C24-10, by and between the City of San Clemente and Civica Law Group, APC, providing for Code Enforcement Legal Services, in an amount not to exceed $186,000 per fiscal year.

Page 7 of 11 ends

7 City Council Regular Meeting Agenda October 1, 2024
11G. CONTRACT AWARD - COMPLETION OF THE FEDERALLY MANDATED AMERICAN WATER INFRASTRUCTURE ACT OF 2018 (AWIA) PROJECT

UPDATES, INCLUDING THE RISK AND RESILIENCY ASSESSMENT (RRA) AND THE EMERGENCY RESPONSE PLAN (ERP); AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 24-154, which will:

1. Find the project categorically exempt from the California Environmental Quality Act (CEQA) under Class 9 (Inspections, 14 CCR section 15309 of the State CEQA Guidelines).

2. Approve the agreement for sharing consultant costs with Metropolitan Water District of Orange County and Herndon Solutions Group for the federally required America's Water Infrastructure Act AWIA updates.

3. Approve, and authorize the City Manager to execute, Contract No. C24- 55, a shared services consultant agreement, by and between the City of San Clemente and Metropolitan Water District of Orange County and Herndon Solutions Group, for sharing consultant costs with for the Federally required America's Water Infrastructure Act (AWIA) updates, in an amount not to exceed $66,700.
11H. CONTRACT AWARD - STORM DRAIN GRAVITY MAIN SWGM-16135 REPAIRS; APPROVING A SUPPLEMENTAL APPROPRIATION IN THE
AMOUNT OF $735,000 FROM THE STORM DRAIN FUND; AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 24-155, which will:

1. Approve a supplemental appropriation in the amount of $735,000 from the Storm Drain Fund into Account No. 059-553-43420-000-26001, which will be by a loan from the Local Drainage Fund in an amount up to $735,000 from the Catch Basin and Storm Drain projects.

2. Award a contract to Diamond Construction & Design, as the lowest responsible and responsive bidder, for the Storm Drain Gravity Main SWGM-16135 Repairs, Project No. 26001.

3. Approve, and authorize the City Manager to execute, Contract No. C24-

Page 8 of 11 ends

8 City Council Regular Meeting Agenda October 1, 2024
56, by and between the City of San Clemente and Diamond Construction & Design, providing for the Storm Drain Gravity Main SWGM-16135 Repairs, in an amount not to exceed $573,637 in a form substantially similar to Contract No. C24-56 (Attachment 2).

4. Approve a 19% construction contingency of $109,000 for this Project.

5. Find the Storm Drain Gravity Main SWGM-16135 Repairs, Project No. 26001, categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction, 14 CCR section 15302) of the State CEQA Guidelines.
11I. CONTRACT AWARD - PAVEMENT PRESERVATION PROGRAM - CRACK FILLING; AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 24-156, which will:

1. Find the Pavement Preservation Program - Crack Filling, CIP Project No. 25304, 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 Pavement Preservation Program - Crack Filling, CIP Project No. 25304, contract to Roy Allan Slurry Seal, Inc.

3. Approve, and authorize the City Manager to execute, Contract No. C24- 57, by and between the City of San Clemente and Roy Allan Slurry Seal, Inc., providing for the Pavement Preservation Program - Crack Filling, in an amount not to exceed $125,595, in a form substantially similar to Contract No. C24-57 (Attachment 3).

4. Approve a 15% construction contingency of $18,840 for this project. 11J. CONSIDERATION OF THE FY 2024-25 BEACHES, PARKS & RECREATION

COMMISSION WORK PLAN
Staff and the Beaches, Parks and Recreation Commission Recommendation Adopt Resolution No. 24-157 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING THE
BEACHES, PARKS AND RECREATION COMMISSION FY 2024-25 WORK PLAN.

Page 9 of 11 ends

9 City Council Regular Meeting Agenda October 1, 2024
11K. CONSIDERATION OF COUNCILMEMBER TRAVEL AND TRAINING

EXPENSES
Staff Recommendation
Authorize an expenditure of up to $3,150 related to City Councilmembers’ attendance at the League of California Cities 2024 Annual Conference and Expo.

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

14. Reports
A. Commissions and Committees
(1) CONSIDERATION OF ESTABLISHING A CITY COUNCIL

SUBCOMMITTEE TO OVERSEE SELECTION OF MULTI-YEAR TREE

TRIMMING CONTRACTOR
Staff Recommendation
Appoint a two-person City Council subcommittee to participate in the bid opening process for the City’s multi-year tree trimming contact.

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 15, 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.

Page 10 of 11 ends

10 City Council Regular Meeting Agenda October 1, 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.

Page 11 of 11 ends

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: October 1, 2024 Agenda Item: 10A.
12 RESOLUTION NO. 24-151

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA,

AFFIRMING VOTING INTEGRITY FOR

ELECTIONS
WHEREAS, it is a recognized civil right in the United States for every citizen to have free and fair elections. “And the right of suffrage can be denied by a debasement or dilution of the weight of a citizen’s vote just as effectively as by wholly prohibiting the free exercise of the franchise.” (Reynolds v. Sims, 377 U.S 533 (1964).) WHEREAS, it is the duty of our election officials to guarantee our elections are accurate and free from distortion or manipulation. “Congress seeks…to guard the election of members of Congress against any possible unfairness by compelling…everyone concerned in holding the election to a strict and scrupulous observance of every duty devolved upon him while so engaged…The evil intent consists in disobedience to the law.” (In Re Coy, 127 U.S 731 (1888).)
WHEREAS, our constitutional system of representative government only works when the following four tenets of an election are upheld:

1. The voter rolls must be accurate (National Voter Registration Act, 1993).

2. Votes counted must be from eligible voters (US Constitution, Fourteenth Amendment, Section two).

3. The number of votes counted must equal the number of voters who voted.

4. There can be no more than one in 125,000 ballots in error by the voting system (Help America Vote Act, 2002).

WHEREAS, an open-source audit of the California 2022 General Election conducted by California citizens has uncovered evidence of massive inaccuracies that appear to violate both federal and state laws, including:
5,886,198 ineligible or uncertain registration violations found within the California state voter roll database.
2,776,939 votes cast by ineligible or uncertain registrants. 123,785 more votes counted than voters who voted. No one knows who cast them.
2,776,849 apparent voting violations in excess of the legal standard of system accuracy for a valid federal election. Maximum allowable system errors for the 2022 general election in California was 90.

Certification as defined by law, an attestation of accuracy and compliance, appears to have been fraudulent and illegal.
13 Resolution No. 24-151 Page 2
WHEREAS, these findings trample legal accuracy requirements of the voting system during a Federal Election. Accuracy is defined as the ability of the system to capture and report the specific selections, and absence of selections, made by a voter without error.

WHEREAS, the intent of the voters must be known factually before certification can be lawfully conducted. Certification of an election that varies from the law is an abridgement of the civil rights of the citizens, a fraud ab initio. (United States v. Throckmorton, 98 U.S. 61 (1878)). “From time immemorial, an election to public office has been, in point of substance, no more and no less that the expression by qualified electors of their choice of candidates.” (United States v. Classic, 313 U.S 299 (1941)).

WHEREAS, California’s 2022 General Election appears to have been invalid, depriving us of the guaranteed protection of our natural rights under a government of duly and provably chosen by us, the American people, resulting in incalculable damage to our families, our way of life, and the fabric of these United States.

THEREFORE, We call upon our Representatives to provide relief to the people, and the assurance of domestic tranquility, by joining us in demanding a VALID 2024 General Election that upholds these existing laws, and equitable principles of law as follows:

Proof of citizenship, identity and eligibility to register and vote, not anonymous attestation.

Voter rolls certifies accurate and available for public review and challenge 30 days before the start of early voting. Voters added after that date must bring proof of citizenship, identity and address in person to a qualifies official at each polling place.

Hand-marked, secure ballots similar to currency. Where imaging technology is used for tabulation, the security features must be verifiable in the ballot image.

Systems, machines, security measures, infrastructure and conduct are required to be compliant with federal law for fraud prevention regarding risk assessment, certification, testing, and implementation.

Adjudication must be signed-off by party, candidate, and trained citizen witnesses after being given full and effective observation rights. Candidates and trained citizens must be allowed immediate access to ballots, ballot images and CVRs.

Ballots, regardless of entry source, election operations, and systems must maintain end-to-end chain of custody from voter to vote county to final canvass, including auditability and witness transfer with paper records.

A NIST-compliant, randomized, statistically valid end-to-end audit, with a 95% confidence level, of all elections pursuant to the 14th Amendment, Section 2 must be performed. These audits are to be conducted by qualified, insured and bonded security, forensics or financial auditors, not personnel from within the election system.

Reconciliation will include the vote count, real physical ballots, adjudication, CVRs, ballot count, qualified voter count, custody transfer, and all other paper and electronic 14 Resolution No. 24-151 Page 3
election systems, including logs.

If the total of all unique variances above is more than 10% of the margin of victory, a new election must be held in the state for those candidates affected, unless the issues can be provably corrected by a manual hand recount and a full review of records.

Waiver of requirements is not allowed. Only end-to-end system compliance, from registration through certification, can guarantee the intent of the people is accurately recorded.

NOW, THEREFORE, the City Council of the City of San Clemente does stand in support with the concerns and remedies presented here. We implore the Orange County Board of Supervisors, California Legislature, Federal Legislators, Law Enforcement, Federal and State Prosecutors, Judges, and both California Secretary of State and County Registrars of Voters to cooperate and fulfill these firm requests of the people.

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
15 Resolution No. 24-151 Page 4

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-151 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
16 910 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: October 1, 2024 Agenda Item: 10B.

Submitted By: Public Works
Prepared By: David Rebensdorf, Public Works Director/City Engineer Subject:
..titl e

CONSIDERATION OF A RESOLUTION APPROVING AMENDMENT NUMBER FOUR WITH

CR&R INCORPORATED TO CONTINUE SOLID WASTE HANDLING SERVICES FOR TWO

MONTHS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT, SETTING A PROPOSITION 218 HEARING FOR NOVEMBER 19, 2024 TO SET RATES, AND FINDING

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

Customer rates and City revenue will remain unchanged until December 31, 2024. Of the proposed new rates are approved on November 19, 2024 following the Proposition 218 Hearing, they will increase or decrease beginning January 1, 2025 depending upon customer type and service frequency if there is not a majority protest and the rates are approved by the City Council.

Per the existing Contract Amendment Number Two, a Consumer Price Index (CPI) change of

7.75 percent was anticipated on July 1, 2024. Rates will be adjusted by a lower percentage according to the proposed revised rates and will reflect a 3.38 percent increase to make up for the adjustment and will be applied to customer bills from January 1 to June 30, 2025.

If the new Second Amended and Restated Agreement for Solid Waste Handling Services (Agreement) is approved following the Proposition 218 Hearing on November 19, 2024, the City would receive approximately five percent of the gross sales (approximately $600,000 per year) as a Program Fee to administer and enforce its Solid Waste and Recycling Program, and for the contractor’s use within the public right-of-way. In addition, a three- and one-half percent of the gross sales (approximately $448,000 per year) will be used to fund Street Sweeping for the removal of trash and debris from public streets and catch basins.

Summary:

The City must adjust services to comply with recent California law including Senate Bill 1383 which imposes significant obligations with regard to the collection and processing of organic materials.

The City has been in the process of negotiating a revision of its current Franchise Agreement with CR&R Incorporated (CR&R) to comply with California law and to modernize and standardize its Franchise Agreement and collection rates with CR&R. The revised Agreement will include continuing existing services consisting of automated curbside, bin collection, and roll-off box service. In addition, performance standards are updated, waste and recycling trucks will be replaced, liquidated damages for non-performance was added, revenue for the City to perform Street Sweeping Services is included and continued use of CR&R’s Anaerobic Digester in Perris to assist the City in meeting its recycling and diversion requirements by turning organics into compost and natural gas.
17 Meeting Date: October 1, 2024 Agenda Item: 10B.

CITY OF SAN CLEMENTE 2
The City’s current agreement with CR&R was entered into in 2011. Since that time, it has been amended three times primarily due to regulatory changes. Based on recommendations from a report prepared by MSW Consultants in June of 2022, the City and CR&R have been negotiating a new Agreement for solid waste and recycling services, which will be presented in connection with the Proposition 218 Hearing.

A Cost-of-Service Study will also be presented in connection with the Proposition 218 Hearing.

The Cost-of-Service Study confirmed and will document recommendations for a Program Fee related to the City’s costs to administer the program and impacts to the public right-of-way for solid waste and recycling services.

In addition, Street Sweeping, currently funded by the General Fund, is recommended to be funded through the solid waste and recycling program to remove trash and debris from City streets and catch basins. This will reduce the burden on the General Fund since Street Sweeping was previously funded by the Clean Ocean Fee.

The proposed Agreement provides services and rates commensurate with cities in south Orange County with similar services, ensures that the City will continue to meet State mandated SB 1383 regulatory requirements and the rates do not exceed the cost of providing the services. The Agreement provides for a ten-year term with an option to extend for two five-year periods, replacement of the service vehicles (20% per year over five years), and liquidated damages if service levels are not maintained. A final draft of said Agreement will be posted online as soon as it is available and will be proposed for approval immediately after the Proposition 218 Public Hearing.

Subject to the Proposition 218 Hearing, the rate structure is proposed to be set equal to the median rates for services charged by the following nine cities: Aliso Viejo, Dana Point, Laguna Beach, Laguna Hills, Laguna Niguel, Lake Forest, Mission Viejo, Rancho Santa Margarita, and San Juan Capistrano. The majority of the proposed rates have a nominal increase or a modest decrease. Those multiple service days per week for multi-family bin and commercial accounts are going to experience the largest increases. This is primarily caused by current rates that were established in 2011, and have been adjusted to consumer price index (CPI), but have not taken into account costs to provide multiple service days per week. In an attempt to lower rates for multi-day service, customers should evaluate their trash and recycling use to ensure their service level is right sized for their use.

Before the City Council at this time is the setting of the Proposition 218 Hearing for November 19, 2024, which will including mailing a notice of the proposed rates to property owners and current CR&R customers at least 45 days prior to the Public Hearing on November 19, 2024. The Agreement will be proposed contingent upon approved rates following the Proposition 218 Hearing and the number of protests received. If the proposed rates are approved, the Agreement would begin on January 1, 2025, with median rates adjusted on July 1, 2025, since several contracts in south Orange County are still under negotiation. Future annual rate adjustments will occur on July 1 and will be based on CPI through June 30, 2030. A portion of the rate increase will adjust for collection costs that were not captured due to the delay in the planned rate increase on July 1, 2024.
18 Meeting Date: October 1, 2024 Agenda Item: 10B.

CITY OF SAN CLEMENTE 3
Since the current Franchise Agreement with CR&R is expiring on October 31, 2024, staff is recommending a Fourth Amendment for a time extension to December 31, 2024, until the Agreement, if approved, would go into effect.

Background:

In June of 2022, MSW Consultants prepared a report titled “Recommendation Regarding the City’s Solid Waste and Franchise Agreement with CR&R” (Attachment 4) which provided information related to trends within the industry, information about the market, a list of companies providing solid waste and recycling services within Orange County, an overview of the franchise agreements, and recommendations for the City. Based on the report, the recommendation was to negotiate with CR&R. Unfortunately, negotiations, analysis, and a Cost-of-Service Study took longer than anticipated. The Cost-of-Service Study confirmed and will document in connection with the Proposition 218 Hearing recommendations for a Program Fee related to the City’s costs to administer the program and impacts to the public right-of-way for solid waste and recycling services. The proposed Program Fee is five percent of gross sales and would provide approximately $600,000 per year to fund the program.

Street Sweeping was previously funded through the City’s Clean Ocean Program, but due to the expiration of the fee, the program is subsidized through the General Fund. Since Street Sweeping includes trash and debris removal from the City public right-of-way and catch basins, it is common practice to fund or provide service through the Solid Waste and Recycling Program.

Based on a current cost to implement Street Sweeping at approximately $600,000 per year with revenue of $265,000 from parking enforcement, the net cost needed to fund Street Sweeping is $335,000 per year. Accordingly, City staff has requested a three- and a half-percent increase to CR&R rates ($450,000 per year) to fund Street Sweeping and cleaning of catch basin and vortex units to ensure materials do not reach canyons and beaches throughout the City.

The new Agreement with CR&R will enable the City to comply with the requirements of SB 1383 and will include services, such as, multi-family organics collection (food waste), contamination monitoring, enhanced education and outreach, procurement assistance, reporting, and monitoring. In addition, the proposed Agreement includes the same services customers are currently accustomed to, including: four bulky item pickups per year of up to four items each time, household special waste collection, implementation of household pharmaceutical waste collection, walkout service for disabled customers, and organic waste collection.

A critical factor to assist the City in achieving compliance with current regulations is CR&R’s ability to achieve the diversion and procurement goals. Examples include Anaerobic Digestion, CR&R’s state-of-the-art facility located in Perris, CA, which converts green waste and food waste into high-grade organic soil amendment (nutrient), and through the anaerobic digestion process, methane gas is captured and converted into clean renewable natural gas (RNG), which is used to power their fleet.
19 Meeting Date: October 1, 2024 Agenda Item: 10B.

CITY OF SAN CLEMENTE 4
CR&R’s Perris Anarobic Digester for Organic Waste Recycling The proposed term of the Agreement is for ten years with an option to extend for two additional five-year periods, if mutually agreed upon. One of the reasons for the long term is to accommodate the replacement of the service vehicles (20% per year over five years) to ensure proper service.

One key factor added to the Agreement is a section to assist the City in holding the contractor accountable if they do not meet service requirements; the City will have the ability to assess liquidated damages if service levels are not maintained as described within the Agreement.

The rate structure is proposed to be set equal to the median rates for services charged by the following nine cities: Aliso Viejo, Dana Point, Laguna Beach, Laguna Hills, Laguna Niguel, Lake Forest, Mission Viejo, Rancho Santa Margarita, and San Juan Capistrano. According to the Costof-Service Study, which will be presented in connection with the Proposition 218 hearing, the proposed City Program Fee does not exceed the cost-of-service.

Before being approved, rates are subject to Proposition 218 and a 45-day notice will be sent to property owners and customers prior to a Public Hearing to set rates on November 19, 2025. If a majority protest is not received and the rates are approved by the City Council following the Proposition 218 Hearing, the new rates would go into effect on January 1, 2025. 20 Meeting Date: October 1, 2024 Agenda Item: 10B.

CITY OF SAN CLEMENTE 5
Proposed rates between January 1, 2025 to June 30, 2025 will include a 3.38 percent increase due to the delay in increasing rates planned for July 1, 2024 based on CPI. In addition, a median rate adjustment is proposed take place on July 1, 2025 since several contracts in south Orange County are still under negotiation. The July 1, 2025 rates as shown in Attachment 3 will be the maximum rates, with actual rates established through a median rate analysis of the nine south Orange County cities which will be set at the maximum rate or lower. In the future, rates will be increased based on CPI through June 30, 2030. Another rate adjustment based on median rates as described above will be conducted on July 1, 2030, subject to the Proposition 218 process.

Impacts to the most common customer rates are shown below (see Attachment 3 for all other rates):

Customer Type Current Rate January 1, 2025 July 1, 2025 Max.

Res. 35 gal cart $25.33 $25.60 $25.63
Res. 65 gal cart $26.17 $26.74 $26.78
MF 95 gal set $37.31 $27.58 $27.48
MF/Comm 3 yard bin
x1/week
$184.06 $179.79 $178.90
MF/Comm 3 yard bin
x2/week
$224.70 $277.26 $296.45
The majority of rates have a nominal increase (Residential 65 gallon cart increase $0.57 per month) or decrease (for Multi-family 95 gallon cart will be reduced by $9.73 per month since they will be categorized as residential). Multiple service days per week for multi-family bin and commercial accounts are going to experience higher increases (Multi-family/Commercial 3 yard bin with 2 days per week service increases $52.56 per month). This is primarily caused by current rates that were established in 2011, and have been adjusted to consumer price index (CPI), but have not taken into account costs to provide multiple service days per week. The prices reflect the current market costs for the service types. Customers may want to consider reducing their service frequency, if their bins are not adequately full before service to potentially reduce costs.

Council Options:
 Adopt Resolution No. 24-152, approving Amendment No. 4 with CR&R, Inc. to continue Solid Waste Handling services for two months, authorizing the City Manager to execute the amendment, setting a Proposition 218 Hearing for November 19, 2024, and finding the project categorically exempt from the California Environmental Quality Act under Class 1.  Modify and adopt Resolution No. 24-152.
 Continue the item with direction to provide additional information.

Environmental Review/Analysis:

This project is categorically exempt from the California Environmental Quality Act under Class 1 (Existing Facilities, 14 CCR 15301) of the state CEQA Guidelines. 21 Meeting Date: October 1, 2024 Agenda Item: 10B.

CITY OF SAN CLEMENTE 6
Recommended Actions:
..recommendation
Staff recommends that the City Council adopt Resolution No. 24-152, which will:

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

2. Approve Amendment No. 4 to the Agreement with CR&R Incorporated to continue Solid Waste Handling services for two months;

3. Authorize the City Manager to execute Amendment No. 4 to the Agreement with CR&R Incorporated to continue Solid Waste Handling services for two months; and

4. Set a Proposition 218 Hearing for November 19, 2024 to review the Cost-of-Service Study and new Agreement, hear any protests and set rates.

..end
Attachments:

1. Resolution No. 24-152

2. Amendment No. 4 to the 2011 Agreement with CR&R Incorporated

3. Proposed Proposition 218 Notice

4. MSW Consultants report titled Recommendation Regarding the City’s Solid Waste and Franchise Agreement with CR&R

5. Amended and Restated Agreement for Solid Waste Handling Services (the "2011 Agreement")

6. Amendment No. 1 to the 2011 Agreement

7. Amendment No. 2 to the 2011 Agreement

8. Amendment No. 3 to the 2011 Agreement
Notification:

None.
22 4888-7080-6249 v2
RESOLUTION NO. 24-152

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING AMENDMENT
NO. 4 TO THE AGREEMENT WITH CR&R INCORPORATED

TO CONTINUE SOLID WASTE HANDLING SERVICES FOR

TWO MONTHS, AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AMENDMENT, SETTING A PROPOSITION
218 HEARING FOR NOVEMBER 19, 2024 TO SET RATES,

AND FINDING THE PROJECT CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, City and CR&R Incorporated entered into that certain Amended and Restated Agreement for Solid Waste Handling Services (the "2011 Agreement”) dated January 1, 2011; and
WHEREAS, City and CR&R entered into that certain Amendment No. 1 to the 2011 Agreement on June 13, 2016 (“First Amendment”); and
WHEREAS, City and CR&R entered into that certain Amendment No. 2 to 2011 Agreement on November 9, 2021 (“Second Amendment”); and WHEREAS, on September 26, 2022, City issued to CR&R a Notice of Termination of the automatic renewal of the 2011 Agreement, as amended, which resulted in an expiration date of June 30, 2024; and
WHEREAS, on July 1, 2024, City and CR&R entered into that certain Amendment No. 3 to the 2011 Agreement (“Third Amendment”), which extended the term through October 31, 2024; and
WHEREAS, the 2011 Agreement as amended by the First, Second and Third Amendment are referred to hereafter as the “Franchise Agreement”; and WHEREAS, the City must adjust services to comply with recent California law including Senate Bill 1383 which imposes significant obligations with regard to the collection and processing of organic materials; and
WHEREAS, in June of 2022, MSW Consultants prepared a report titled “Recommendation Regarding the City’s Solid Waste and Franchise Agreement with CR&R”, which provided information related to trends within the industry, information about the market, a list of companies providing solid waste and recycling services within Orange County, an overview of the franchise agreements, and recommendations for the City, including a recommendation to negotiate with CR&R for a revised agreement; and WHEREAS, the City has been in the process of negotiating a revision of its Franchise Agreement with CR&R to comply with California law and to modernize and standardize its Franchise Agreement and collection rates; and
Attachment 1
23 Resolution No. 24-152 Page 2
4888-7080-6249 v2
WHEREAS, the City engaged a consultant to conduct a Program Fee Cost-ofService Study in connection with setting new rates.

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

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

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

Section 3. That Amendment No. 4 to the Franchise Agreement with CR&R is hereby approved to continue Solid Waste Handling for two months through December 31, 2024.

Section 4. That the City Manager is authorized and directed to execute Amendment No. 4 to the Franchise Agreement with CR&R and in a form substantially similar to that presented to the City Council on October 1, 2024.

Section 5. That a Public Hearing under Proposition 218 to review the Program Fee Cost-of-Service Study and proposed new agreement with CR&R, to hear protests to the proposed solid waste service collection rates and revised methodology, and to set new rates and fees is hereby set for November 19, 2024 at 6 p.m. or as soon thereafter as the matter may be heard at the regular City Council meeting.

Section 6. That City staff is authorized and directed to mail notice of said Public Hearing in accordance with Proposition 218, to take such other and further actions consistent with applicable law in connection with the holding and setting of said Public Hearing and to take such other and further actions as may be necessary and proper to accomplish the purposes of this resolution.

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

PASSED AND ADOPTED this _____ day of ____________________, 2024.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
24 Resolution No. 24-152 Page 3
4888-7080-6249 v2

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. 24-152 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:

TO AGREEMENT BETWEEN

THE CITY OF SAN CLEMENTE

AND CR&R INCORPORATED

FOR SOLID WASTE HANDLING SERVICES
Attachment 2
26 AMENDMENT NO. 4

TO AGREEMENT BETWEEN

THE CITY OF SAN CLEMENTE AND CR&R INCORPORATED

FOR SOLID WASTE HANDLING SERVICES
This Amendment No. 4 to Agreement between the City of San Clemente and CR&R Incorporated for Solid Waste Handling Services ("Fourth Amendment") is made and entered into on this _________ day of 2024, by and between City of San Clemente, a California municipal corporation ("City"), and CR&R Incorporated ("Contractor").

R E C I T A L S:

A. City and Contractor entered into that certain Amended and Restated Agreement between the City of San Clemente and CR&R Incorporated for Solid Waste Handling Services (the "2011 Agreement") dated January 1, 2011.

B. City and Contractor entered into that certain Amendment No. 1 to Agreement between the City of San Clemente and CR&R Incorporated for Solid Waste Handling Services (“First Amendment") on June 13, 2016.

C. City and Contractor entered into that certain Amendment No. 2 to Agreement between the City of San Clemente and CR&R Incorporated for Solid Waste Handling Services (“Second Amendment") on November 9, 2021.

D. On September 26, 2022, City issued to CR&R a Notice of Termination of the automatic renewal of the 2011 Agreement as amended. This resulted in an Agreement termination date of June 30, 2024.

E. City and Contractor entered into that certain Amendment No. 3 to Agreement between the City of San Clemente and CR&R Incorporated for Solid Waste Handling Services (“Third Amendment") on July 1, 2024 to extend the term from July 1, 2024 to October 31, 2024. The 2011 Agreement, as modified by the First, Second and Third Amendments, is hereinafter referred to as the "Agreement." F. City and Contractor desire to amend the Agreement in the manner provided herein below.

C O V E N A N T S:

Based upon the foregoing Recitals, which are true and correct and incorporated in this Amendment, and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree to the following revisions to the Agreement:

Section 5 Term of the Agreement is hereby amended by extending the term of the Agreement two months through December 31, 2024 without a CPI increase which will be addressed as part of a proposed future Second Amended and Restated Agreement. 27 Except as expressly amended by this Fourth Amendment, the remaining portions of the Agreement shall remain in full force and effect.

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

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

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization

CR&R INCORPORATED
(“CONTRACTOR”)
By:________________________________
Clifford Ronnenberg, Chief Executive Officer
Dated: ____________________, 2024
By:________________________________
David Ronnenberg, Secretary
Dated: ___________________, 2024
28 Attachment 3
29 30
31 32
33 34
35 36
4 Attachment 4
Recommendation Regarding
the City's Solid Waste Franchise Agreement with CR&R
Prepared by
SolidWaste Consultants
to Local Government
June 7, 2022
37 5
Page intentionally left blank
38 6
Table of Contents
1 EXECUTIVE SUMMARY ........................................................................................................................................................1 2 RECENTTRENOS IN THE SOLID W/!ISTE INDUSTRY.......................................................................................................... 2

2.1 SB 1383-SHORT-UVEDCUMATEPOLLUTANTS.................................................................................................. 2

2.2 FACTORSCREATING UPWARD PRESSUREON OPERATINGCOSTS .............................................................................. 3 3 SOLID WASTE MARKET IN ORANGE COUNTY................................................................................................................. 4

3.1 HAULER MARKET SHARE ANO MAJOR SOLID WASTEFACILITIES................................................................................ 4

3.2 RECENTEVENTSAND CIRCUMSTANCES................................................................................................................ 5

3.3 RATE COMPARISON.............................................................................................................................................. 7 45AN CLEMENTFSAGREEMENTWITH CR&R ...................................................................................................................9

4.1 2010FRANCHISEAGREEMENT ........................................................................................................................... 9 5 BASIS FOR RECOMMENDATION...........................................................................................................................................11

5.1 GENERALPROSANDCONSOF NEGOTIATINGVS. ISSUING AN RFP .........................................................................11

5.2 APPLICATION OFGENERALPROSANDCONSTOTHECITYOFSAN CLEMENTE.........................................................12

5.3 CONSIDERATION OF PROS AND CONSOFGIVINGNOTICETO ENDAUTOMATICEXTENSION......................................12 6 SUMMARY OF RECOMMENDATIONS ............................................................................................................................. 15 39 Page1 of 15
7 1Executive Summary
In March 2022, the City retained our firm to provide a recommendationto the City whether it should either:
• Enter into sole-source negotiations for a new solid waste franchise agreement with its current waste hauler, CR&R Incorporated (CR&R) or;
• Issue an RFP and solicit competitive proposals a new agreement.

In developing our recommendation, we:

1. Considered recent trends in the solid waste industry.

2. Surveyed the solid waste market in Orange County.

3. Reviewed the City's current solid waste agreement.

4. Outlined the general pros and cons of conducting sole-source negotiations vs. issuing an RFP.

5. Analyzed those pros and cons in relation to the City's current agreement.

Based on our review and analysis, we recommend that theCity:
• Enter into negotiations now with CR&R, for a period not to exceed six (6} months. • In addition, prior to June 30, 2022, give CR&R a notice of termination of the automatic renewal of the term of the current franchise agreement. As a result of this action, the term of the current agreement will be set to end on June 30, 2024.

If the City does not give notice of automatic termination on or before June 30, 2022, due to provisions in the agreement, the term of the current agreement will automatically be extended for an additional year to June 30, 2025. • If the City and CR&R are not able to successfully negotiate a new agreement within six (6) months, conduct a competitive procurement process by developing and issuing an RFP to other qualified firms.
40

Page 2 ends

8 2 Recent Trends intheSolid Waste Industry
The two most significant trends today in the solid waste industry in California are the implementation of SB 1383, and a combination of economic factors that are creating upward pressure onsolid waste collection and recycling operating costs.

2.1 SB 1383-Short-livedOimate Pollutants
In 2016, the State adopted SB 1383, the most significant change to solid waste handling regulations in 30 years. SB 1383 requires cities to implement programs to significantly reduce the amount of organic waste and recoverable edible food sent to landfills. The goals of SB 1383 are to reduce by 75% the amount of organic waste going to landfills by 2025, and reduce by 20% the amount of recoverable edible food that is currently landfilled.

While this new law was adopted in 2016, the final regulations that implemented the law were not finalized until November of 2020, and it did not become effective until January 2022. Although waste and recycling companies will perform many of the tasks of SB 1383, the regulatory requirements of this new law are placed squarely on the backs of local governments. SB 1383 requires local jurisdictions to:
• Amend their municipal codes to enforce the requirement that essentially all waste generators recycle their organics, including dry organics (cardboard, paper, etc.). • Ensure that their waste haulers provide organics collection service. • Estimate the amount of organic waste and recoverable edible food generated within their boundaries and provide that information to their county for facility planning purposes.
• Enhance existing edible food recovery programs to reduce the amount of recoverable edible food sent to landfills.
• Ensure that all newly constructed buildings have readily accessible space for recycling.
• Ensure that all new construction be designed with water efficient landscape. • Develop inspection and compliance review programs to ensure that waste generators fulfill the requirements of SB 1383 and the jurisdiction's municipal code.
41

Page 3 of 15 ends

9 • Conduct periodic education and outreach to all waste generators, and specifically, generators of edible recoverable food.
• Ensure that the City's hauler performs annual route inspections to minimize contamination.
• Procure a minimum quantity of recovered organic waste products. • Prepare and submit annual compliance reportsto CalRecycle.

While SB 1383 is a major driver of the recent increase in solid waste customer rates across the State, there are several other economic factors that are contributing to this trend.

2.2 Factors Creating Upward Pressure on Operating Costs In addition to SB 1383, a significant trend in the solid waste industry today is the conflation of economic factors that are creating upward pressure on waste hauler's operating costs, and thereby, causing increases in customer rates. These economic trends include:
• A shift in tonnage volume per unit from the commercial sector to the residential sector
• Continuing shortage of qualified truck drivers
• Continuing impact of China virtually banning the import of recyclables (China Sword)
• Supply chain constraints
• Steel prices
• Increased fuel costs
• General Inflation
42 Page4 of 15
4 3 Solid Waste MarketinOrange County
Our survey of the solid waste market in South County is comprised of: 1) an overview of hauler market share and major waste facilities, 2) a description of recent events and circumstances, and, 3) a comparison of current rates.

3.1 Hauler Market Share and Major Solid Waste Facilities Chart 1 below shows the current market share of waste haulers in Orange County, as well as major waste facilities. This chart shows that one hauler (Republic) has most of the market in North County, and that two haulers, CR&R and Waste Management (WM), have all the market in South County. Chart 1 also shows that, of the three haulers with the most market share, CR&R's facility of the Ortega Highway (and its planned facility near the Prima Desheca Landfill) are the closest to the City of San Clemente of the three haulers with the most market share.

Chart1- Waste Hauler MarketShare andMajorFacilities (Draft)

ORANGE COUNTY

WASTE HAULERS

INCORPORATED CITIES

REPUBLIC -
CR&RWMEOCOVALLl:Y VISTA
uwsFACILITIES
l CVT MRF(Republlc) 9 CORE Organics Fealrty (WM)

2. l!ai.-W Tr■- (R■pubic) 10.Cll&R South County MRF

3. Olindt Alpht IAnclflll (OCWR) 11.La Pota Avenue -..WMle IOCWRl

4. Madison - twore Di>poM 12.Prime Oescneu Ulndllll(OCWII) 5 F•1nkII._,....,lonclfill(OCWR) 13.CIIIJI AocycJing andTransfw (Pw,ned)

6. S<Jnsel EnYl,_talfWMl 14 SUnton llecydtng 1ndTran•fer (CR&R)

7. Tierra Verde lndustrlff EcoCemre 15. Cll&R RecydeC.ntar

8. - S.""AnaOpe,11.,.,.Ywd
,.... liC,.&;,.pO-Olu<IIIOIAfn ,,.,.,_.,.Ot'fO-..,,,oHJf9fflOp MSW ContuttanuI Ji,,1;?072 I ,.,._-C,Ot"IIWWttS.COm
43

Page 5 ends

5 Table 1 below lists the operating facilities of the major waste haulers that are able to serve South County along with the distance of each facility from the City of San Clemente. This list shows that CR&R currently has the closest facility to the City (9 miles), and that its planned facility near the Prima Desheca Landfill will result in CR&R's operating facility being only 4 miles away from the City.

Table 1- OperatingFacilities of Major Waste Haulers
Facility Name Hauler Location Distance from
San Clemente
CVTMRF Republic
Services
In Anaheim nearintersection of 57 and91
Freeways 38
CR&R South County
MRF CR&R Ortega Highway off of Gibby Road 9
CR&R Recycling and
Transfer (Planned for
2024)
CR&R LaPata Avenue near the Prima Desheca
Landfill 4
Sunset Environmental WM Near the intersection of Barranca and Jamboree Rd. in Irvine 28
Madison Resource
Recovery
WARE
Disposal
In Santa Ana on Fourth St. between
downtown andthe 1-5 Freeway 30

3.2 Recent Events and Circumstances
Table 2 the following page describes some recent events and circumstances cities in South County related to solid waste franchise agreements. Chart 2 on the following page compares the solid waste contract expiration dates of each of the cities in South County. 44

Page 6 of 15 ends

6 Table 2 - Recent Events and Circumstances in Orange County City Event
Aliso Viejo
CR&R has served the city since 2005. On November 2021 the city negotiated Amended and Restated the Franchise Agreement with CR&R. The current term of the city's agreement is set to end in October 2027.

Dana Point
CR&R had served the city since 1996, when it acquired Solag Disposal. In 2019, the city amended its agreement with CR&R. As a result, the current term of the city's agreement is set to end in June 2024. The city is currently in the process of negotiating amended and extended agreement; likely by 5 years.

Irvine
WM has the exclusive right (and obligation) to serve only the single-family residential sector. Several haulers openly compete for customers in the commercial and multi-family sector. WM has served the residential sector in the city for several decades. The current term of the city's agreement is set to end in August 2026. The city is currently in negotiations with WM.

Laguna Beach
WM has served the city since 1993. The current term of the city's agreement is set to end in June 2023. In May 2021, the city Council decided to begin a competitive procurement process. The city is now developing an RFP.

Laguna Hills
The current term of the city' agreement with CR&R is set to end in June 2024. Lake Forest and Laguna Hills are now collaboratively conducting a single competitive procurement process.

Laguna Niguel
CR&Rhas served the city since 1996, when it acquired Solag Disposal. In 2018, the city negotiated a new agreement with CR&R. As a result, the current term of the city's agreement is set to end in December 2028.

Laguna Woods
In April 2021, with less than two years remaining on its contract, and a potential option to extend its term by 5 years, WM notified the city that it would not object if the city issued an RFP. In July 2021, the Oty issued an RFP, and received two (2) proposals; from WM and CR&R. The city awarded the contract to CR&R in October 2021. The term of the new contract extends to 2032.

Lake Forest
The current term of thecity's agreement with CR&R is set to end in December 2028.

Lake Forest and Laguna Hills are now collaboratively conducting a single competitive procurement process.

Mission Viejo
Mission Viejo's city code requires the city to competitively procure waste collection every 10 years. The city issued an RFP in July 2019. City received proposals from CR&R, Republic Services, and WM. CR&R and WM were shortlisted. In December 2019, city awarded an eight-year agreement to WM. As a result, the current term of the city's agreement is set to end in December 2028.

Rancho Santa
Margarita
CR&R had served the city since 2004, when it was awarded the contract via a competitive procurement. In October 2021, city negotiated a 5-year Amended and Restated the Franchise Agreement with CR&R. As a result, the current term of the city's agreement is set to end in June 2024.

SanJuan
Capistrano
CR&Rhas served the city since 1996, when it acquired Solag Disposal. In May 2019, the city conducted a limited RFI (request for information) process. Three haulers submitted responses: CR&R, Republic, and WM. CR&R was selected. The new agreement has 10-year term with two options to extend the term by 5 years. 45 13
.......................................
. .

Chart 2 - Current South County Solid Waste Contract Expiration Dates '
,,
--
'-1• " · {1, "• •! I, H, , ...I !I• ,, • ., , 'I' I• ,.,. q "• r ,i • .,., •1 •1 I ., ., ,, f , .. , I 11.· I I '1 I \ r, ..........
--
..........
---

3.3 RateComparison
A comparison of customer rates for the most common levels of residential and commercial service are shown below in Chart 3 and Chart 4, respectively. The top portion of each bar in these charts reflects the portion of the rate that is retained by the city or attributable to street sweeping. The bottom portion reflects the portion that is retained by the hauler for solid waste collection service. The amounts shown in Chart 3 and Chart 4 are listed in Table 3 and Table 4 on the following page.

Chart 3 - Monthly Single-family Solid Waste Ratesin South County $2S 00
szo 00
$LS.00
SL0.00
ss.oo
Sl111le-famlly Monthly Rate
Haul..- Portion CityFees
Page ?of 15
_
46

Page 8 ends

14 Chart 4- Monthly Commercial Solid Waste Rates in South County $180
$160
$140
s120
s100
$80
$60
$40
$20
so
Commerdal Monthly Rate
3-yard BinPkked UpOne■per Week
Lake Forest R""cho Laguna AlisoViejo Lacuna Laguna Mission Dana Point San Juan San Laguna Santa Woods Hills Nlcu■I Viejo C.plmano Clememe Buch
Mars;arlta
■ Hauler Portion City Feu
Table 3 - Monthly Single-family Solid Waste Rates in South County City
Monthly Rate
Customer Rate City Fees Hauler Portion
Laauna Woods S12.73 S0.64 S12.09
Irvine S13.01 S0.65 S12.36
Laguna HIiis S15.55 so.oo $15.55
Dana Point S16.79 S0.84 $15.95
Lake Forest S17.79 S0.89 S16.90
Aliso Viejo S19.48 Sl.39 S18.09
Rancho Santa Ma,aarlt• $21.09 $1.05 $20.04
Mission Viejo $21.78 $1.74 $20.04
Laguna Nlauel S21.69 $1.08 S20.61
SanJuan Capistrano S22.36 $1.12 $21.24
Laauna Beach $22.05 $0.00 S22.05
San Clemente S23.51 $1.18 S22.33
Table 4- Monthly Commercial Solid Waste Rates in South County City
Monthly Rate
Customer Rate City Fees Hauler Portion
Lake Forest $97.70 $4.89 $92.82
Rancho Santa Margarita $101.42 $S.07 S96.35
Laguna Woods $120.39 $6.02 $U4.37
Aliso Viejo S126.81 $9.07 Sll7.74
Laguna Hills S124.10 $0.00 $124.10
Laguna Niguel $145.20 $7.26 $137.94
Mission Viejo $153.34 $12.27 $141.07
Dana Point $155.74 $11.68 $144.06
SanJuan Capistrano $154.53 $7.73 $146.80
SanClemente $165.11 $17.75 $147.36
Laguna Beach $167.86 $16.79 $151.07
47

Page 9 ends

15 4Sandemente's Agreement withCR&R

4.1 2010 Franchise Agreement
Under the terms of the current franchise agreement, CR&R has the exclusive right and obligation to provide waste and recyclables collection service to all of the City's singlefamily, multi-family, and commercial customers. CR&R's relationship with the City dates back to 1996 when CR&R acquired the City's then long-time hauler, SolagDisposal.

Term of the 2010 Agreement
The City's current Agreement with CR&R was negotiated in 2010. The initial term of the current Agreement was for an eleven and one half (11 ½) year term through June 30, 2022. The Agreement provides that, beginning on July 1, 2020, the term of the Agreement is to be automatically extended each year onJuly1st for an additional year. The term of the Agreement will continue to be extended each year unless either the City or CR&R notifies the other party prior to June 30th of any year of its intent to end the term of the Agreement.

As a result, if neither party notifies the other, the Agreement will continually have a remaining term of between two and three years. As of the date of this letter, the remaining term of the Agreement extends to June 30, 2024. If neither the City or CR&R notifies the other party of its intent to end the term by June 30, 2022, the term of the Agreement will automatically extend for another year to June 30, 2025.

The2016 Amendment
Also in 2016, the City amended its Agreement with CR&R to direct the company to transport organic waste collected in the City to CR&R's anaerobic digestion facility (AD facility) in the City of Perris. Asa result of redirecting itsorganic waste away from landfills and to CR&R's ADfacility, the City's organic waste collection program is in compliance with SB1383.

The 2021Amendment
Although 2016 amendment to the Agreement enabled the City to comply with much of SB 1383, theSB 1383 regulations that were promulgated in November 2020 included some requirements that are not addressed in the City's current Agreement with CR&R. These additional requirements include waste characterizations, route reviews, and edible food recovery programs.

Favorable Diversion Rates Compared to CalRecycle Targets During CR&R's tenure, the City has met its AB 939 waste diversion requirements. AB 939 requires that cities implement waste reduction and recycling programs such that the amount of 48

Page 10 ends

16 landfilled waste originating in the city does not exceed a certain maximum allowable amount.

The actual and maximum allowable amounts are expressed in the average disposal per person per day.

From 2007 through 2019 (the most recent year that disposal data isavailable), the City's average actual disposal per person per day has been below the maximum allowable amount set by CalRecycle. This is shown below in Chart 5.

Chart 5 - Actual Per capital Disposal Compared to Maximum Allowed Rate Actual PerCapita DisposalRateComparedtoMaximum Allowed
DisposalRate (Pounds per PersonperDay)

8.0 1.0

6.0 s.o

4.0 3.0

2.0 1.0

0.0 2007 2008 2009 2010 2011 20U 2013 2014 2015 2016 2017 2018 2019 Actuel Per C.plte DltpoHIRate Per RHldent -Maximum Allowed Per Resident OlspoHI Rate RecentSeNice Issues
According to City staff, CR&R has a history of providing high quality service. However, in the last two years, the City has received many more complaints about CR&R's service than in previous years. These complaints have been primarily about spillage, missed pickups, and improperly commingling recyclables in the same truck as regular trash (which defeats the purpose recycling). The City is in frequent communication with CR&R about service complaints, and CR&R has represented that it is working to improve service and significantly reduce the number of complaints.

Based on City staff conversations with other cities that have other waste haulers, the increase in complaints do not seem to be unique to the City of San Clemente. City staff expects that CR&R will be able to improve service quality to what it was in the past. 49 Page11 of15
11 5 Basis for Recommendation
To develop our recommendation, we: 1) considered the general pros and cons of sole source negotiation verses a competitive procurement, 2) applied these general pros and cons to the specific circumstances of the City of San Clemente, and, 3) considered the advantages and disadvantagesof providing CR&R with notice to terminate the automatic extension.

5.1 General Pros and Cons of Negotiating vs. Issuing an RFP Table 4 below lists the advantages of negotiating vs. the advantages of soliciting competitive proposals that would generally apply to any jurisdiction.

Table5- Solid Waste Agreement Negotiate vs. Competitive Procurement Advantages of Negotiating with Incumbent Hauler Advantages of Soliciting Competitive Proposals from Several Haulers
• If there is adequate time remaining on the
current contract term, allows the City to
subsequently issue an RFP if the negotiations
are not successful.
• Avoids the risk of problems arising from the
transition to a new service provider (e.g.,
changed pickup days, a new hauler will not be
familiar with the City's unique service
requirements, etc.).
• Avoids the problems that may occur if the City
receives a 'low-ball' bid; avoids the risk of
creating a high-profile and controversial
contractor selection process.
• Allows the City to achieve much of the same
assurances that it has obtained a fair deal by
comparing its rates, services and terms to those
in nearby jurisdictions.
• May require less City Council and staff time.
• Providesmore assurance that City has obtained
the greatest value.
• Provides more assurance to the public that
contractor was selected in a fair manner.
• City benefits from the technical creativity of
several firms in identifying a menu of program
and service options to achieve the waste
diversion requirements.
• Allows the City to choose from several haulers.
• Allows the City to 'mix 'n match' features from
multiple proposals.
• May require more City Council and staff time.
• Provides opportunity for Council members to
learn about solid waste issues.

Bottom line: Bottom line:

More appropriate when City is already meeting its More appropriate when City is not meeting its solid solid waste program objectives: waste program objectives:
• Hauler provides high quality, reliable service; • City is less satisfied with hauler, or and, • Rates are higher than nearby, comparable
• Rates are reasonable; and, jurisdictions; or,
• City meeting diversion mandates; and, • City not meeting diversion goals; or, • Scope of services will not change.
• City intends to make significant changes to the
scope of services.
50

Page 12 of 15 ends

12 5.2 Application of General Prosand Consto the City of San Oemente Reasons to renegotiate with CR&R:
• According to City staff, CR&R has a history of providing high-quality service.

Although CR&R has had some recent services issues, these appear to be related to COVID-19 and other challenging industry trends. Based on staff discussions with other jurisdictions, other solid waste haulers in other cities have experienced similar service issues. CR&R's history of providing high-quality service (and CR&R's professed intention to regain its reputation for delivering high-quality service) helps to justify entering into negotiations with CR&R for a new agreement. • The City does not intend to make significant changes to the scope of services. The 2016 amendment provided for the organics collection services needed to comply with SB 1383, and the 2021 amendment to CR&R's agreement addressed many of the scope requirements of SB 1383. As a result, the City does not need to make any significant changes to the scope of the agreement.
• The City is meeting its diversion mandates. As shown above in Chart 5, the City has been meeting its waste diversion targets. CalRecycle has recently requested the City to prepare a Formal Plan due to low participation rates among its commercial businesses. However, this is primarily due to businesses in the City electing to not recycle.

Reason to conduct a competitive procurement:
• The City's rates are higher than other cities in South County.

5.3 Consideration of Pros and Cons of Giving Notice toEnd Automatic Extension Reasons to not give notice:
• There is some risk to the City of terminating the automatic extension and setting in motion a negotiation/procurement process. If the City and CR&R are not able negotiate an agreement, and the City issues an RFP, the City may undertake curtained risks. Other haulers may perceive that CR&R (as the incumbent and with facilities that are closest to the City) has a competitive advantage. There may be a risk that the City does not receive adequate competitive proposals in response to the RFP. There is a risk that other haulers may not offer competitive rates due to their relatively higher operating costs due to their distance from the City. There is also a risk that the rates bid by CR&R in response to an RFP might be higher than those that the City might otherwise be able to negotiate. 51

Page 13 ends

13 • If the City does not give notice (and assuming that CR&R does not give notice to the City), the City would be able to enjoy continued uninterrupted service at stable (although relatively higher) rates over time.

Reasons to give notice:
• With a firm contract expiration date, both parties will be more earnest in negotiations. If the City does not give notice, both parties would have less incentive to hurry, and the process may be prolonged.
• Due to its location in the southern-most part of the County, and its relative distance from the operating yards of other competing waste haulers, the City has less negotiating leverage for waste services than other cities to its north. Due to the current negotiations and procurements of these other nearby cities, this negotiating leverage may diminish even more in the next two years as these cities renegotiate or reprocure their waste agreements. The City of San Clemente may have more negotiation leverage with CR&R now than in the next two years. • There is a risk that WM may exit the waste market in Orange County. As shown below in Table 6, twenty years ago, WM was the exclusive provider in eight cities in Orange County. This year (with the transfer of the City of Santa Ana to Republic Services), WM will be the exclusive provider in only three Orange County cities.

Table 6- WM Decrease in Orange County Market Share
OC Contracts Held by OC Contracts Held by
WM in 2002 WM July 2022
Irvine Irvine
La Habra
Laguna Beach Laguna Beach
Lake Forest
Mission Viejo Mission Viejo
Orange
Santa Ana
Tustin
One of these three cities is the difficult-to-serve City of Laguna Beach, which is currently in the RFP process. Another is the City of Lake Forest in which WM has the exclusive obligation to service all residential customers at some of the lowest rates in the County, while it openly competes with other haulers in the more lucrative commercial sector. WM's other city is the City of Mission Viejo, which selected WM in an RFP process in 2019. As a result, WM has far fewer customers 52 Page14of 15
14 over which to spread its fixed costs than it did twenty years ago, and its remaining cities may not provide the company with high profit margins.

If WM were to retain Laguna Beach, and acquire Lake Forest and Laguna Niguel, it would be less likely that it would exit the waste market in Orange County.

However, these outcomes may not be as likely given the lack of competitiveness WM demonstrated in Laguna Woods.

If another waste company were to offer to purchase WM's contracts in Orange County, it may be more economic for WM to sell these contracts than to continue to operate at thin margins. Moreover, due to CR&R's presence in South County, at some purchase price, WM's current contracts in Irvine and Mission Viejo may be more valuable to CR&R than they are to WM. For all these reasons, there is a risk that WM may exit the waste market in Orange County. If this were to happen, the City of San Clemente would have even less negotiating leverage. 53 Page15 of 15
15 Table 8- Reasons to Issue aNotice to Terminate the Automatic Extension Both parties will be more earnest, and an agreement would be negotiated more The City has less negotiating leverage for waste services than other cities to its CR&R has the infrastructure in place (Perris AD facility) to process the City's organics 6 SummaryofRecommendations
The reasons to initially negotiate with CR&R are summarized below in Table 7. The reasons to issue a notice to terminate the automatic extension are summarized below in Table 8.

Table 7- Reasons to Initially Negotiate withCR&R
Key Reasons Why San Clemente Should Initially Conduct Negations with CR&R 54 Attachment 5
55 56
57 58
59 60
61 62
63 64
65 66
67 68
69 70
71 72
73 74
75 76
77 78
79 80
81 82
83 84
85 86
87 88
89 90
91 92
93 94
95 96
97 98
99 100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
Attachment 6
126
Attachment 5
127
Attachment 5
128
Attachment 5
129
Attachment 5
130
Attachment 5
131
Attachment 5
132
Attachment 5
133
Attachment 5
134
Attachment 5
135
Attachment 5
136
Attachment 5
137
Attachment 7
138
Attachment 6
139
Attachment 6
140
Attachment 6
141
Attachment 6
142
Attachment 6
143
Attachment 6
144
Attachment 6
145
Attachment 6
146
Attachment 6
147
Attachment 8
148
149
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: October 1, 2024 Agenda Item: (1)
151
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers

CITY OF SAN CLEMENTE
Tuesday, September 17, 2024
City Council
Regular Meeting Minutes
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 17, 2024 at 6:01 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
None.

BUSINESS MEETING

INVOCATION
Pastor Brieann Knutson, San Clemente Presbyterian Church, gave the invocation.

PLEDGE OF ALLEGIANCE
Aaron Washington led the Pledge of Allegiance.

1. Special Presentations
A. Presentation of Proclamation - Service Club Month
Mayor Cabral and the City Council presented a 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
Mayor Cabral and the City Council presented Proclamations 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,

Page 1 of 15 ends

152
City Council Regular Meeting Minutes September 17, 2024 2024 as Indigenous People's Day.

C. Presentation of Proclamation - Constitution Week
Councilmember Duncan displayed photographs of the Historic Bell Ringing event held at Mission San Juan Capistrano, on September 17, 2024, commemorating Constitution Week, September 17-24, 2024. Hard copies of the photographs are on file with the City Clerk.

D. PierPride
Amber Gregg, Vice President, PierPride, narrated a PowerPoint presentation concerning an update on PierPride events and achievements. A hard copy of the presentation is on file with the City Clerk.

2. Council Member Reports
Councilmember Duncan:
· Acknowledged the City’s memorial stair climb and day of service, to honor the victims and first responders of September 11, 2001.

Councilmember Knoblock:
· Attended a meeting with Mayor Cabral and the Army Corps of Engineers concerning the beach nourishment project.

Mayor Pro Tem Enmeier:
· Attended the Stance Role Model Event - "Achieving Your Dreams" on September 4, 2024.

Councilmember Loeffler:
· Announced the upcoming Friends of San Clemente Beaches, Parks and Recreation Foundation Carnival Colossal on October 10-13, 2024. · Acknowledged Caitlin Simmers and John John Florence on their World Surf League (WSL) World Titles.

Mayor Cabral:
· Gave a presentation concerning Ballot Measure BB - San Clemente Beach Protection, Restoration, Clean Ocean Measure.
· Attended the Lifeguard of the Year Award Ceremony on September 10, 2024; acknowledged Tyler Douglas as Lifeguard of the Year. · Recognized the City for its day of service in commemoration of September 11, 2001.

Page 2 of 15 ends

153
City Council Regular Meeting Minutes September 17, 2024

3. Oral Communications (Part 1)
Cathleen Pryor, BLESSIN - Ban Energy Storage Systems in Neighborhoods, spoke on the proposed battery storage facility in San Juan Capistrano; distributed information concerning the project. A hard copy of the materials distributed are on file with the City Clerk.

Mike Kay spoke on fire dangers for San Clemente residents; urged the City to develop a pilot program utilizing goats to help with weed and brush control in open spaces.

Lois McNicoll expressed concerns regarding thistle in open space; commented on California State Assembly Bill 1955 (Ward) - Support Academic Futures and Educators for Today's Youth Act.

Tyler Boden announced the upcoming coastal cleanup at T-Street and the Pier on Saturday September 21, 2024 at 9:00 a.m.

Mary Herron, United Sovereign Americans, commented on election integrity.

George A. read the first portion of a resolution as it relates to election integrity.

Linda M. read the second portion of a resolution as it relates to election integrity.

Lynne B. read the third portion of a resolution as it relates to election integrity.

Lisa H. commented on voting integrity; urged the City to adopt a resolution addressing election integrity.

Amy Tallakson, San Clemente, urged the City to assist the Girls Softball League with advertising within the City to increase enrollment.

Amanda Quintanilla commented on the Orange County Transit Authority (OCTA) meeting concerning sand placement on San Clemente beaches.

Lisa Edone, San Clemente, commented on recreational vehicles (RV) parking in the City; urged the City to increase patrols and enforcement of recreational vehicles parked on City streets for longer than four hours.

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

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

Page 3 of 15 ends

154
City Council Regular Meeting Minutes September 17, 2024

5. Consideration of agendizing items requiring immediate action None.

6. Closed Session Report - City Attorney
None.

7. Staff Communications
September 11, 2001 Memorial Stair Climb
Public Works Director/City Engineer Rebensdorf displayed a photograph of Maintenance staff preparing the Dije Beach access stairs for the September 11th memorial stair climb; a photograph of staff, along with community members, completing the stair climb was also shown. A hard copy of the photographs are on file with the City Clerk.

Thistle in Open Space
Community Development Director Atamian provided an update concerning thistle in open space; the development of a plan to address community concerns before the next growing season; responded to City Council inquiries.

8. Public Hearings
8A. CONSIDERATION OF A RESOLUTION APPROVING THE 2023-2024

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

GRANT FUNDS
Mayor Cabral opened the Public Hearing.

Community Development Director Atamian 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 Mayor Pro Tem Enmeier, second by Councilmember Knoblock, CARRIED 5-0, to adopt Resolution No. 24-141 entitled 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.

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

Page 4 of 15 ends

155
City Council Regular Meeting Minutes September 17, 2024

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%
Public Works Director/City Engineer Rebensdorf reviewed the contents of the Administrative Report and, along with City Manager Hall, responded to City Council inquiries.

Teddy Kahn spoke in support of increasing the project contingency; commented on the efficiency of the City completing this project under budget.

Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to 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%.

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

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
Coastal Administrator Meyerhoff narrated a PowerPoint presentation entitled "San Clemente Beach Sand Project" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Teddy Kahn read a statement on behalf of "Bring Back our Beaches" concerning the economic impacts of beach tourism.

Doland Cheung, Project Manager, United States Army Corps of Engineers, commented on the sand replenishment project and responded to City Council inquiries.

Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to authorize the City Manager to send a letter to the United States Army Corps of Engineers (USACE) indicating its desire to complete the

Page 5 of 15 ends

156
City Council Regular Meeting Minutes September 17, 2024 initial event as soon as possible and contribute the non federal cost share in an estimated amount of $2.6 million.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
10B. CONFLICT OF INTEREST CODE UPDATE AND INTRODUCTION (FIRST

READING) OF AN ORDINANCE RELATED TO FUTURE UPDATES
City Clerk Campagnolo reviewed the contents of the Administrative Report and responded to City Council inquiries.

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

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.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
10C. INTRODUCTION (FIRST READING) OF AN ORDINANCE ESTABLISHING

CITYWIDE POSTED SPEED LIMITS AND FINDING THE ORDINANCE

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Assistant City Engineer Ponsen 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 Introduce 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 will maintain all current speed limits.

Page 6 of 15 ends

157
City Council Regular Meeting Minutes September 17, 2024 AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
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
Community Development Director Atamian reviewed the contents of the Administrative Report and responded to City Council inquiries.

Bart DeCoro, San Clemente, spoke in opposition to the initiation on a zoning amendment to the Municipal Code to enhance development standards related to visitor-serving commercial uses.

Crystal Stoey, San Clemente, spoke in opposition to the initiation on a zoning amendment to the Municipal Code to enhance development standards related to visitor-serving commercial uses.

Dennis Caresio, San Clemente, spoke in opposition to the initiation on a zoning amendment to the Municipal Code to enhance development standards related to visitor-serving commercial uses.

Amy Tallakson, Highland Light Village Homeowners Association, spoke in opposition to the initiation on a zoning amendment to the Municipal Code to enhance development standards related to visitor-serving commercial uses.

Lynn Sobel, San Clemente, spoke in opposition to the initiation on a zoning amendment to the Municipal Code to enhance development standards related to visitor-serving commercial uses.

Rebecca Barnes, San Clemente, spoke in opposition to the initiation on a zoning amendment to the Municipal Code to enhance development standards related to visitor-serving commercial uses.

Roxanne Panicacei spoke in opposition to the initiation on a zoning amendment to the Municipal Code to enhance development standards related to visitor-serving commercial uses.

Jodi Dilascir, San Clemente, spoke in opposition to the initiation on a zoning amendment to the Municipal Code to enhance development standards related to visitor-serving commercial uses.

Helena DeCoro, San Clemente, spoke in opposition to the initiation on a zoning amendment to the Municipal Code to enhance development standards related to visitor-serving commercial uses.

Page 7 of 15 ends

158
City Council Regular Meeting Minutes September 17, 2024 Kathy Ward, San Clemente, distributed a hand out and commented on the approval process; spoke in opposition to the initiation on a zoning amendment to the Municipal Code to enhance development standards related to visitor-serving commercial uses. A hard copy of the hand out is on file with the City Clerk.

Mike Kay spoke in support of new hotels in San Clemente for revenue generation.

Amanda Quintanilla spoke in opposition to the initiation on a zoning amendment to the Municipal Code to enhance development standards related to visitor-serving commercial uses.

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

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.

Note: Resolution No. 24-144 was not adopted.

SUBSTITUTE MOTION by Councilmember Loeffler, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to direct staff to evaluate additional opportunities for economic development throughout the City.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
Meeting Recessed
The meeting recessed at 9:07 p.m. and reconvened at 9:15 p.m. with all Councilmembers present.

Page 8 of 15 ends

159
City Council Regular Meeting Minutes September 17, 2024

11. Consent Calendar
A. City Council Minutes
Motion by Mayor Pro Tem Enmeier, second by Councilmember Duncan, CARRIED 5-0, to:
(1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF SEPTEMBER 3, 2024.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
B. Commission/Committee Minutes
Motion by Mayor Pro Tem Enmeier, second by Councilmember Duncan, CARRIED 5-0, to receive and file:
(1) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF JUNE 25, 2024.
(2) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF JULY 23, 2024.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
C. Warrant Register
Motion by Mayor Pro Tem Enmeier, second by Councilmember Duncan, CARRIED 5-0, to:
(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
AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None

Page 9 of 15 ends

160
City Council Regular Meeting Minutes September 17, 2024 Payroll Register
Motion by Mayor Pro Tem Enmeier, second by Councilmember Duncan, CARRIED 5-0, to approve:

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
AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11D. CONSIDERATION OF A RESOLUTION REJECTING ALL BIDS FOR THE LIFEGUARD TOWERS REPLACEMENT (2024), CIP PROJECT NO. 22104 Motion by Mayor Pro Tem Enmeier, second by Councilmember Duncan, CARRIED 5-0, to:

Adopt Resolution No. 24-145, which will:

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.

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

Page 10 of 15 ends

161
City Council Regular Meeting Minutes September 17, 2024 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
Motion by Mayor Pro Tem Enmeier, second by Councilmember Duncan, CARRIED 5-0, to:

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 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.

AYE:

NOE:

Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral
None.

Page 11 of 15 ends

162
City Council Regular Meeting Minutes September 17, 2024 11F. NOTICE OF COMPLETION - PAVEMENT PRESERVATION PROGRAM

UTILITY ADJUSTMENTS
Motion by Mayor Pro Tem Enmeier, second by Councilmember Duncan, CARRIED 5-0, to:

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/City Engineer in the amount of 25% of the total construction cost.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11G. NOTICE OF COMPLETION - AVENIDA PICO AND SAN CLEMENTE OUTLETS CORRIDOR RUNOFF TREATMENT PROJECT, PHASE 3
Motion by Mayor Pro Tem Enmeier, second by Councilmember Duncan, CARRIED 5-0, to:

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.

Page 12 of 15 ends

163
City Council Regular Meeting Minutes September 17, 2024 Construction, Inc.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
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
City Clerk Campagnolo announced that this item was revised and that the revised Administrative Report is available for public review.

Motion by Mayor Pro Tem Enmeier, second by Councilmember Duncan, CARRIED 5-0, to 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.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11I. CONSIDERATION OF A RESOLUTION AWARDING A THREE-YEAR

LICENSE AGREEMENT FOR GEOGRAPHIC INFORMATION SYSTEM (GIS)

SOFTWARE
Motion by Mayor Pro Tem Enmeier, second by Councilmember Duncan, CARRIED 5-0, to 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.

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

12. Oral Communications (Part 2)
Tony Rubolino commented on Councilmember Duncan's recent traffic stop.

13. Future Agenda Items
Sports Partnership Advertisement
Councilmember Knoblock requested that staff evaluate a program to allow sports partners to display banners/advertisements in the city.

Page 13 of 15 ends

164
City Council Regular Meeting Minutes September 17, 2024 Election Integrity Resolution
Councilmember Knoblock, with the support of Mayor Cabral, agendized consideration of an Election Integrity resolution at the next meeting. Mayor Pro Tem Enmeier requested that the Orange County Registrar of voters attend the meeting and give a Special Presentation on voter integrity.

14. Reports
A. Commissions and Committees
San Onofre Nuclear Generating Station (SONGS)
Mayor Cabral reported that the San Onofre Nuclear Generating Station (SONGS) Community Engagement Panel held an emergency meeting to address a railcar that had a small leak of nuclear material and on-site water contamination. Encouraged interested individuals visit SONGS website for additional information.

B. Council Subcommittee Updates
None.

C. City Attorney
None.

D. City Manager
Contracts Executed Under the City Managers Authority
City Manager Hall reported that he executed the following contract under his signature authority:

Matrix Consulting providing for Professional Fee and Cost Recovery Analysis for Recreation in the amount of $38,000.

Page 14 of 15 ends

165
City Council Regular Meeting Minutes September 17, 2024

15. Adjournment
Motion by Mayor Cabral, second by Councilmember Knoblock, CARRIED 5-0, to adjourn in memory of Larry Poncino at 9:28 p.m. The next Regular Meeting will be held on October 1, 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

Page 15 of 15 ends

166
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: October 1, 2024 Agenda Item: (1)
167
Approved at the Regular Meeting of the Coastal Advisory Committee on September 19, 2024.

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

COASTAL ADVISORY COMMITTEE
JULY 18, 2024

CALL TO ORDER/ROLL CALL
Chair Jacobs called the Regular Meeting of the City of San Clemente Coastal Advisory Committee to order on July 18, 2024, at 4:00 p.m. The meeting was held at San Clemente City Hall, Second Floor Council Chambers, located at 910 Calle Negocio, San Clemente, California.

Committee
Members Present: Members Susan Ambrose, Richard Ayer, John Dolegowski, Matthew Schmitt, Diek Van Nort, Chair Brian Jacobs
Members Absent: John Dow
Staff Present: Zach Rehm, Senior Planner
Maile Stivers, Public Information Coordinator
Leslea Meyerhoff, Coastal Administrator
Niki Beach, Environmental Programs Analyst

PLEDGE OF ALLEGIENCE
The Pledge was led by Chair Jacobs.

1. APPROVAL OF MINUTES
A. May 16, 2024 Coastal Advisory Committee Meeting

MEMBER SCHMITT MOVED AND MEMBER AYER SECONDED A MOTION TO APPROVE THE MINUTES. THE MOTION CARRIED 6-0, MEMBER DOW ABSENT.

2. SPECIAL PRESENTATIONS
A. Update Regarding North Beach Sand Replenishment Project Coastal Administrator Meyerhoff presented an update on the North Beach Sand Replenishment Project, explaining the lack of sand; proposed schedule; current conditions; location; emergency project approval; quality of sand; monitoring; project timeline; beach access; and public information.

In response to Committee questions, Coastal Administrator Meyerhoff discussed the stockpile of sand; aerial and shoreline profile monitoring; surveys; screening of 168
Minutes of the Regular Meeting of the Coastal Advisory Committee of July 18, 2024 Page 2 sand; dump truck access location; encroachment agreement and planned pavement rehabilitation; sand placement above the mean high tide line; County Public Works screening of sand loads; project funding; OCTA’s project; and future loss of sand.

B. Nature Based Coastal Resiliency & Sand Retention Project Feasibility Study Coastal Administrator Meyerhoff, and Justin Peglow and Chris Webb, Moffat and Nichol, presented an overview of study objectives; revised design concepts; components of the concept designs; three project phases and timing; sand movement; and surf map.

In response to Committee questions, Coastal Administrator Meyerhoff, Mr. Peglow and Mr. Webb discussed the proposed timing for construction; 250 foot wide guideline; breakwater; impact on shoreline; living shore concept; costs for Phase 1 and 2; efforts for a smaller footprint while maximizing protection; storm surge and tide erosion; sand sources; $1.5 million Coastal Commission grant to complete the LCP and offshore sand investigation; purpose of submerged vegetative habitat breakwater; and success of kelp growth and reef building.

The Committee discussed the Winter event of 1983 and suggested it would be helpful for the community to understand impacts to sand; proposed 250 foot wide beach; break water at plus ten; and need to ensure wide dissemination of information.

Amanda Quintanilla expressed appreciation for information on the costs for each concept; indicated opposition to emergent breakwaters; and suggested posting at the beaches to inform the public.

George Gregory discussed opportunities for surfing and a harbor for health and safety, income, fishing, and paddle boarding.

Lois McNicoll discussed causes for sand erosion and suggested relocating the railroad.

Joe Wilson offered volunteers to take measurements; and discussed concern about unintended consequences. Mr. Webb indicated the Coastal Commission would likely require the ability to remove or drop features to remove the cause of unintended impact.

Chris Butler, President of the North Beach Community Association, suggested 3D renderings; discussed the proposed tax and need to ensure ideas were heard; and the need to evaluate short term solutions. Mr. Webb stated the ranking and evaluation was included in the feasibility study and the quality of the renderings could be improved but 3D modeling was beyond the scope of work.

The Committee indicated support for a matrix and better modeling. 169
Minutes of the Regular Meeting of the Coastal Advisory Committee of July 18, 2024 Page 3

3. ORAL AND WRITTEN COMMUNICATION
Amanda Quintanilla discussed the prior sand dunes at Salt Creek; support for the sand replenishment project at North Beach; and Clean Ocean Program Fee rather than a tax.

RECESS
Chair Jacobs called a recess at 6:06 p.m. The meeting reconvened at 6:12 p.m., with all Members presented except Member Dow.

4. UNFINISHED BUSINESS AND UPDATES
A. Consideration of Subcommittee Appointments
Members Ayer and Van Nort expressed interest in participating on the Sand Acquisition Subcommittee.

Member Schmitt withdrew from the Sand Acquisition Subcommittee.

BY ACCLAMATION, THE COMMITTEE DETERMINED JOHN DOW, RICHARD AYER AND DIEK VAN NORT AS THE SAND ACQUISITION SUBCOMMITTEE.

BY ACCLAMATION, THE COMMITTEE DETERMINED SUSAN AMBROSE, JOHN

DOLEGOWSKI AND DIEK VAN NORT AS THE WATER QUALITY
SUBCOMMITTEE.

B. Subcommittee Updates on Work Plan Items:
i. Sand Acquisition Subcommittee – Schmitt, Washington
Member Schmitt discussed development in Rancho Mission Viejo and suggested that as potential source of sand. Senior Planner Rehm explained the SCOUP Permit.
ii. Sand Retention Subcommittee – Dolegowski, Jacobs, Schmitt Chair Jacobs discussed shoreline monitoring and the potential to take snapshots in time of the beach.

The Committee discussed historical imagery of the coast line and suggested requesting aerial imagery; staff providing information on the tools and resources available to assist in identifying usable area of the beach; and the need to retain records of the conditions over time.

Chair Jacobs provided data on the beach sand and sand from the Whitewater Canyon near Coachella Valley and suggested it as a potential source. 170
Minutes of the Regular Meeting of the Coastal Advisory Committee of July 18, 2024 Page 4 iii. Water Quality Subcommittee – Ambrose, Dolegowski, Washington Member Ambrose and Member Dolegowski discussed review of the January 2024 water quality report; and their PowerPoint presentation.

Environmental Programs Analyst Beach explained the Poche Beach Water Reclamation Project; and treatment and testing at the landfill.

C. Update Regarding Consideration of Dog Access to City Beaches Senior Planner Rehm provided an update on the Beaches, Parks, and Recreation Commission April 9, 2024 consideration of dogs on the beach.

The Committee discussed the proposed location and hours where dog access could be allowed; need for water quality; and impact of animal fecal matter.

5. NEW BUSINESS
A. Nomination and Selection of Coastal Advisory Committee Chair and Vice- Chair Member Dolegowski nominated Member Ambrose to serve as Chair.

Member Schmitt nominated Member Jacobs.

Amanda Quintanilla discussed the importance of public engagement and following Robert’s Rule of Order and the Brown Act and indicated support of Susan Ambrose as Chair and Member Dolegowski as Vice Chair.

CONSENSUS
By consensus, the Committee determined to continue the meeting past 7:00 p.m. for an additional 15 minutes.

The Committee voted to select Member Ambrose as Chair, which carried 5-0-1, Member Schmitt abstaining and Member Dow absent.

Chair Jacobs expressed interest in serving as Vice Chair.

Member Schmitt nominated Member Ayer.

Chair Ambrose nominated Member Dolegowski.

The Committee voted to select Member Jacobs as Vice Chair, which carried 6-0, Member Dow absent.

B. Consideration of Establishing New Meeting Schedule and Location of Meetings 171
Minutes of the Regular Meeting of the Coastal Advisory Committee of July 18, 2024 Page 5

MEMBER JACOBS MOVED AND MEMBER SCHMITT SECONDED A MOTION TO

RETAIN THE MEETING SCHEDULE ON THE THIRD THURSDAY OF ODD NUMBERED MONTHS AT 4:00 P.M. THE MOTION CARRIED 6-0, MEMBER DOW ABSENT.

C. Consideration and Development of Coastal Advisory Committee FY 2024-2025 Work Plan

MEMBER SCHMITT MOVED AND MEMBER AYER SECONDED A MOTION TO TABLE THE ITEM TO THE NEXT MEETING. THE MOTION CARRIED 6-0, MEMBER DOW ABSENT.

6. ITEMS FROM STAFF
A. Coastal Items Updates
Senior Planner Rehm presented slides depicting the Coastal Commission’s policy guidance on shoreline management technologies.

7. ITEMS FROM COMMITTEE MEMBERS
A. Committee Member Items
Member Ayer asked if the next meeting could be rescheduled to allow his participation but then withdrew his request.

8. ADJOURNMENT

MEMBER AYER MOVED AND MEMBER SCHMITT SECONDED A MOTION TO ADJOURN THE MEETING AT 7:16 P.M. TO THE REGULAR COASTAL ADVISORY COMMITTEE MEETING TO BE HELD ON SEPTEMBER 19, 2024, AT 4:00 P.M. AT

SAN CLEMENTE CITY HALL, SECOND FLOOR COUNCIL CHAMBERS, LOCATED AT 910 CALLE NEGOCIO, SAN CLEMENTE, CALIFORNIA. THE MOTION 6-0, MEMBER DOW ABSENT.

Respectfully submitted,
______________________________
Brian Jacobs, Chair
Attest: ______________________________
Zach Rehm, Senior Planner
172
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: October 1, 2024 Agenda Item: (2)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
PLANNING COMMISSION SPECIAL MEETING MINUTES OF AUGUST 21, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
173
These minutes will be considered for approval at the Planning Commission meeting of 09-18-2024.

MINUTES OF THE SPECIAL MEETING

OF THE CITY OF SAN CLEMENTE

PLANNING COMMISSION
August 21, 2024 @ 4:30 p.m.

San Clemente City Hall Council Chamber
910 Calle Negocio, San Clemente, CA 92673
Teleconference via www.san-clemente.org

1. CALL TO ORDER
Chair Cosgrove called the Special Meeting of the Planning Commission of the City of San Clemente to order at 4:35 p.m. The meeting was offered in person at San Clemente City Hall Council Chambers, 910 Calle Negocio, San Clemente, California, 92673, and also via live stream from the City’s YouTube Channel.

2. PLEDGE OF ALLEGIANCE
Chair Cosgrove led the Pledge of Allegiance.

3. ROLL CALL
Commissioners Present: Barton Crandell; Scott McKhann (arrived at 4:35 p.m.); Vice Chair M. Steven Camp; Karen Prescott-Loeffler; Chair Pro Tem Gary P. McCaughan, M.D. (arrived at 4:36 p.m.), Chair Cameron Cosgrove
Commissioners Absent: Brent Davis
Staff Present: Jonathan Lightfoot, City Planner
Gena Burns, Deputy City Attorney
Tamara Tatich, Office Specialist
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.

4. PUBLIC HEARING
A. Public Hearing Project (PHP) 23-196, Amendment to Master Plan for Development of Cornerstone Community Church
The Planning Commission will consider a request to demolish an existing garage, remodel an existing office, and construct a new 3,278 square feet multipurpose building with a 3,040 square feet unfinished basement to replace modular structures located at 702-710 Avenida De La Estrella within the Residential Medium (RM) Density Zoning District. The project requires an Amended 174
Minutes of Special Planning Commission Meeting of August 21, 2024 Page 2 Conditional Use Permit (CUP 23-197) and an Amended Development Permit (DP 24-208) related to these changes to the previously approved master plan for the church campus.

The Planning Commission will also consider whether the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines §15301 (Class 1: Existing Facilities), §15302 (Class 2:

Replacement or Reconstruction), and §15303 (Class 3(c): New construction of a nonresidential building under 10,000 square feet in an urbanized area).

Chair Cosgrove opened the public hearing.

Under Commissioner disclosures, Commissioner Camp stated he visited the site and met with the architect. Chair Pro Tem McCaughan stated he visited the site.

Jonathan Lightfoot, City Planner, narrated a PowerPoint Presentation entitled, “Cornerstone Church Amendment,” dated August 21, 2024. A copy of the Presentation is on file in Planning Division.

In response to Commission questions, City Planner Lightfoot indicated on-street parking was not included in the counted spaces; no specified use for the unfinished basement; clarified request for extension of time to complete the buildout; and identified existing non-conforming items.

Rob Williams, architect and church elder, explained the master plan; and fundraising for next phase and request to extend final completion to 2033.

During discussion, the Commission discussed the potential use of the basement, acknowledging that it was incorporated as a functional structural support element for the multipurpose building due to the sloping topography; supported the architectural design; favored a consistent grade between the multipurpose building and parking lot; supported an extended time frame; and support for the project.

IT WAS MOVED BY COMMISSIONER MCKHANN, SECONDED BY COMMISSIONER PRESCOTT-LOEFFLER, AND CARRIED 6-0, COMMISSIONER DAVIS ABSENT, TO ADOPT THE STAFF RECOMMENDATION TO:

1. Determine the project is categorically exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section §15301 (Class 1: Existing Facilities), §15302 (Class 2: Replacement or Reconstruction), and §15303 (Class 3(c): New construction of a nonresidential building under 10,000 square feet in an urbanized area; and

2. Adopt Resolution PC 24-019, approving Amended Conditional Use Permit 23-197 and Amended Development Permit 24-208, Amendment to Master Plan for Development of Cornerstone Community Church, subject to conditions of approval provided within Exhibit A of Attachment; with a change condition 1.6 to adjust the date of completion for the multipurpose room from 2032 to 2038.
175
Minutes of Special Planning Commission Meeting of August 21, 2024 Page 3

5. ADJOURNMENT

THERE BEING NO OTHER BUSINESS BEFORE THE COMMISSION, IT WAS

MOVED BY CHAIR COSGROVE, SECONDED BY COMMISSIONER CRANDELL, AND CARRIED 6-0, COMMISSIONER DAVIS ABSENT, TO ADJOURN THE MEETING AT 5:04 P.M. TO THE REGULAR PLANNING COMMISSION MEETING TO BE HELD IN-PERSON ON AUGUST 21, 2024, AT 6:00 P.M., AT THE SAN CLEMENTE CITY HALL COUNCIL CHAMBERS LOCATED AT 910 CALLE NEGOCIO, 2
nd FLOOR, SAN CLEMENTE, CALIFORNIA.

Respectfully submitted,
Cameron Cosgrove, Chair
Attest:

Jonathan Lightfoot, Secretary of the Planning Commission 176
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: October 1, 2024 Agenda Item: (3)

..ag endizedby
..end
Subject:
..titl e
PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF AUGUST 27, 2024 ..body ..recommendation
..end
177
178
179
180
181
182
183
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: October 1, 2024 Agenda Item: (4)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF SEPTEMBER 5, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
184

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING

OF THE ZONING ADMINISTRATOR
SEPTEMBER 5, 2024
San Clemente City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, California 92673

1. CALL TO ORDER
Zoning Administrator (ZA) Adam Atamian called the Regular Meeting of the City of San Clemente Zoning Administrator to order on September 5, 2024 at 3:01 p.m. The meeting was held in the First Floor Community Room of City Hall, 910 Calle Negocio, San Clemente, California.

Staff Present: Adam Atamian, Zoning Administrator

2. MINUTES
A. Minutes from the Zoning Administrator Regular Meeting of August 22, 2024.

ZA Atamian received and filed the minutes for the regular meeting of September 22, 2024.

3. ORAL AND WRITTEN COMMUNICATION
None.

4. PUBLIC HEARING
A. Public Hearing Project (PHP) 24-234, Caterina’s Outdoor Dining with Beer and Wine Service and Exterior Modifications
A request for the Zoning Administrator to approve Minor Conditional Use Permit (MCUP) 23-180 and Administrative Development Permit (ADP) 24- 375 to allow outdoor dining with beer and wine service in the public right-ofway and exterior modifications within a covered courtyard at an existing food service café located at 614 Avenida Victoria C.

The Zoning Administrator will also consider whether the project is categorically exempt from CEQA pursuant to State CEQA Guidelines §15301.e (Class 1.e: Existing Facilities).

Staff recommends that the Zoning Administrator continue the item to the September 19, 2024 Zoning Administrator meeting due to incomplete public noticing of the September 5, 2024 public hearing of this item as required under San Clemente Municipal Code Section 17.12.100.
185
Minutes of the Zoning Administrator Regular Meeting September 5, 2024 Page 2 ZA Atamian moved to continue the hearing for PHP 24-234, Caterina’s Outdoor Dining with Beer and Wine Service and Exterior Modifications to September 19, 2024 to allow public noticing to be completed.

B. Public Hearing Project (PHP) 24-363, Veta Salon Amendment to Minor Conditional Use Permit 19-097, 104 North El Camino Real, #B A request for the Zoning Administrator to modify Minor Conditional Use Permit (MCUP) 19-097 for (1) additional parking waiver at 104 North El Camino Real, a registered historical property that was once the Ole Hanson Sales Office.

The Zoning Administrator will also consider whether the project is categorically exempt from CEQA pursuant to State CEQA Guidelines §15301.e (Class 1.e: Existing Facilities).

ZA Atamian moved to continue the hearing for PHP 24-363, Veta Salon Amendment to Minor Condition Use Permit 19-097, 104 North El Camino Real, #B to September 19, 2024 to allow public noticing to be completed.

C. Public Hearing Project (PHP) 23-467, Steblay Residence Addition and Remodel, 407 Cazador Lane
A request for the Zoning Administrator to approve a Development Permit (DP) 23-468 to allow an addition of 160 square feet at the rear of the residence and landscaping for a property located across the street from a historic residence and on a property adjacent to a designated Coastal Canyon.

The Zoning Administrator will also consider whether the project is categorically exempt from CEQA pursuant to State CEQA Guidelines §15301.e (Class 1.e: Existing Facilities) and §15303 (Class 3: New Construction or Conversion of Small Structures).

ZA Atamian moved to continue the hearing for PHP 23-467, Steblay Residence Addition and Remodel, 407 Cazador Lane to September 19, 2024 to allow public noticing to be completed.
186
Minutes of the Zoning Administrator Regular Meeting September 5, 2024 Page 3

5. NEW BUSINESS
None

6. OLD BUSINESS
None

7. ADJOURNMENT
The meeting adjourned at 3:43 p.m. to the Regular Meeting of the Zoning Administrator, which will be held Thursday, September 5, 20024 at 3:00 p.m. at Community Development Department, City Hall, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,

SAN CLEMENTE ZONING ADMINISTRATOR
__________________________________
Adam Atamian, Zoning Administrator
187
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: October 1, 2024 Agenda Item: (1)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3111 through 3115 and Warrant Nos.
599208 through 599340, paid on
9-6-24, in the amount of $2,813,581.99 ..end
188
189
190
191
192
193
194
195
196
197
198
199
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: October 1, 2024 Agenda Item: (2)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3116 through 3117 and Warrant Nos.
599341 through 599499, paid on
9-13-24, in the amount of $3,143,217.56 ..end
200
201
202
203
204
205
206
207
208
209
210
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: October 1, 2024 Agenda Item: (3)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3118 through 3121 and Warrant Nos.
599500 through 599626, paid on
9-20-24, in the amount of $1,984,696.44
TOTAL WARRANT REGISTER $7,941,495.99 ..end
211
212
213
214
215
216
217
218
219
220
221
222
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: October 1, 2024 Agenda Item:
..ag endizedby
..end
Subject:
..titl e
Warrant No. 949 and Automatic
Deposit Advises 97051
through 97396, for the period
8-19-24 through 9-1-24, paid
on 9-6-24, in the amount of $514,393.07 ..end
223
224
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: October 1, 2024 Agenda Item:
..ag endizedby
..end
Subject:
..titl e
Warrant Nos. 950 through 952 and
Automatic Deposit Advises 97397
through 97737, for the period
9-2-24 through 9-15-24, paid
on 9-20-24, in the amount of $521,175.25
TOTAL PAYROLL REGISTER $1,035,568.32 ..end
225
226
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: October 1, 2024 Agenda Item: 11D.
227
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 228
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
229
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 230
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
231
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. 232
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 233
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.
234
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
235
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: October 1, 2024 Agenda Item: 11E.
236
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 3. This Ordinance shall become effective on October 31, 2024. 237
Ordinance No. 1781 Page 2
Section 4. Upon this Ordinance becoming effective, all previous Ordinances and Resolutions that are inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 5. 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
238
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
239
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: October 1, 2024 Agenda Item: 11F.

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

CONSIDERATION OF A RESOLUTION APPROVING A FIRST AMENDMENT TO TWO

SEPARATE PROFESSIONAL SERVICES AGREEMENTS WITH CIVICA LAW GROUP, APC,

FOR MUNICIPAL CITATION LEGAL SERVICES AND CODE ENFORCEMENT LEGAL SERVICES ..body
Fiscal Impact:

For fiscal years (“FY”) 2024-25 and 2025-26, $99,600 is currently budgeted for contracted Municipal Citation Legal Services. However, an additional appropriation of $44,400 is being requested to account for increased service costs in the upcoming FYs. The total not-to-exceed amount requested for upcoming FYs is $144,000, allocating the additional appropriation to account number 001-218-43640-000-00000. This request follows the approval of the previous flat rate amount, last approved at the March 7, 2023 City Council meeting. Additionally, as set forth in the proposed amendment, the contract for Code Enforcement Legal Services is being updated to increase the rate schedule for legal services. The budgeted amounts for these services will remain unchanged and shall not exceed $186,000 per fiscal year.

Summary:

The City is currently contracted with Civica Law Group, APC (“Civica”) to provide: (1) Municipal Citation Legal Services (OCSD support), and (2) Code Enforcement Legal Services. The current agreement stipulates specific compensation rates that, due to increases in the cost of providing these services, warrant amendments to both agreements.

Background:

At the March 7, 2023 City Council meeting, two professional services agreements with Civica were presented and approved. The first, an agreement to provide Municipal Citation Legal Services (contract C23-11) and the second an agreement to provide Code Enforcement Legal Services (contract C23-10). The agreement for Municipal Citation Legal Services included an amount not to exceed $99,600 for FY 2023-24, and included a flat rate for these services that was the same as those provided under a previous contract. This flat rate fee has remained unchanged and has not been increased in five years.

Discussion:

With respect to OCSD support services, while these prosecutorial services provided by Civica do not have a cost recoverable element to them, continuing to pursue these citations has been a public safety benefit for the City. According to Civica, the additional rising costs are associated with an increase in case management and new individual case complexities resulting in lengthier court cases. Additionally, it is anticipated that there will be an increase in citations due to City 240
Meeting Date: October 1, 2024 Agenda Item: 11F.

CITY OF SAN CLEMENTE 2
Ordinance No. 1779 brought about from the recent reversal by the United State Supreme Court of the 9th Circuit Court of Appeals’ decision on the City of Grants Pass, Oregon v. Johnson case.

Therefore, the current flat rate for Municipal Citation Legal Services are recommended to be increased via a proposed amendment.

Additionally, Civica continues to provide a streamlined and cost-effective approach to the legal process to abating code enforcement violations while achieving full cost recovery for many of the City’s code enforcement-related services. The hourly rate table associated with Code Enforcement Legal Services are proposed for an increase, as well as a five percent annual multiplier each FY. The attorneys’ fees shall not exceed $186,000 per FY for these services under the existing contract, which will remain the same under the proposed amendment.

The compensation breakdown is as follows:

Municipal Citation Legal Services – Flat Rate
Code Enforcement Legal Services – Rate schedule
Council Options:
 Adopt Resolution No. 24-153, which would approve two separate first amendments, one for each of the two separate professional services agreements for Municipal Citation Legal Services and Code Enforcement Legal Services with Civica Law Group, APC.  Modify and adopt Resolution No. 24-153.
 Continue the item and provide staff with an alternative direction.  Do not approve the proposed first amendments for the two separate professional services agreements for Municipal Citation Legal Services and Code Enforcement Legal Services.

Environmental Review/Analysis:

Not a “project” under the California Environmental Quality Act Guidelines Section 15378 (14 CCR 15378). Approving the amendments have no potential to result in either a direct or physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

FY 2023-24 FY 24-25 & FY 25-26
$99,600 $144,000
FY 2023-24 FY 24-25 FY 25-26
Attorneys - $226 per hour Attorneys - $255 per hour Attorneys - $268 per hour Paralegals/Clerks - $140
per hour
Paralegals/Clerks - $165
per hour
Paralegals/Clerks - $173
per hour
241
Meeting Date: October 1, 2024 Agenda Item: 11F.

CITY OF SAN CLEMENTE 3
Recommended Actions:

City staff recommends that the City Council adopt Resolution No. 24-153 to do the following:

1. Approve the first amendment to the Municipal Citation Legal Services agreement with Civica Law Group, APC for a not to exceed amount of $144,000 for FY 2024-25 and FY 2025-26;

2. Approve an additional appropriation in the amount of $44,400 for the first amendment to the Municipal Citation Legal Services agreement with Civica Law Group, APC.

4. Authorize the City Manager to execute both amendments for these continued legal services agreements.
..recommendation
..end
Attachment:

1. Resolution No. 24-153

2. First Amendment – Municipal Citation Legal Services

3. First Amendment – Code Enforcement Legal Services

4. Original Agreement – Municipal Citation Legal Services

5. Original Agreement – Code Enforcement Legal Services Notification:

Civica Law Group, APC
242
ATTACHMENT 1
RESOLUTION NO. 24-153

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING FIRST

AMENDMENTS TO TWO SEPARATE PROFESSIONAL

SERVICES AGREEMENTS WITH CIVICA LAW GROUP,
APC FOR (1) MUNICIPAL CITATION LEGAL SERVICES
AND (2) CODE ENFORCEMENT LEGAL SERVICES;

AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AMENDMENTS; AND APPROPRIATING $44,400
WHEREAS, on March 7, 2023, the City Council approved two contracts with Civica Law Group, APC, one for Municipal Citation Legal Services and one for Code Enforcement Legal services; and
WHEREAS, rising costs associated with increased fees for attorney’s time, case management, and the growing complexity of individual cases, are resulting in lengthier court proceedings require more legal counsel time than previously contemplated for the two contracts; and
WHEREAS, an additional appropriation of funds is appropriate to address these increased service costs for the Municipal Citation Legal Services contract, and raising the total not-to-exceed amount of this flat-rate contract; and WHEREAS, the Code Enforcement Legal Services contract’s rate schedule has remained unchanged under the current, and previous contract for such services, for the past five years, and requires an update to reflect the current costs of providing these legal services.

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

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

SECTION 2. The first amendment to Contract C23-10 for Code Enforcement Legal Services with Civica Law Group, APC to update the fee rate schedule is approved.

SECTION 3. The City Manager, or the City Manager's designee, is hereby authorized and directed to execute a first amendment to Contract C23-10 for Code Enforcement Legal Services with Civica Law Group, APC in amount not to exceed $186,000 annually and in a form substantially similar to that presented to the City Council on October 1, 2024.
243
Resolution No. 24-153 Page 2
SECTION 4. The first amendment to Contract C23-11 for Municipal Citation Legal Services with Civica Law Group, APC to increase the flat rate fee, in an amount not to exceed $144,000 annually is approved.

SECTION 5. The City Manager, or the City Manager's designee, is hereby authorized and directed to execute the first amendment to Contract C23-11 for Municipal Citation Legal Services with Civica Law Group, APC in a form substantially similar to that presented to the City Council on October 1, 2024.

SECTION 6. A budget appropriation, not to exceed $44,400.00, to General Fund Account Number 001-218-43640-000-00000 for Fiscal Years 2024-25 and 2025-26 is approved.

SECTION 7. 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 Clemente, California Clemente, California
244
Resolution No. 24-153 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. 24-153 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:

FIRST AMENDMENT TO

AGREEMENT BETWEEN CIVICA LAW GROUP, APC

AND THE CITY OF SAN CLEMENTE

FOR CODE ENFORCEMENT LEGAL SERVICES

1. PARTIES AND DATE.

This First Amendment to the Professional Services Agreement for legal services ("First Amendment") is made and entered into by and between the CITY OF SAN CLEMENTE, a municipal corporation ("City") and CIVICA LAW GROUP, APC, a California Professional Corporation engaged in the practice of law in the State of California ("Consultant").

2. RECITALS.

A. City and Consultant entered an Agreement for legal services dated March 7, 2023 ("Agreement"), whereby Consultant agreed to provide code enforcement legal services to the City.

B. City and Consultant now desire to amend the Agreement as provided herein to be • effective as of the date approved by the City Council.

3. TERMS.

A. Amendment(s). Section 3.3 of the Agreement is hereby amended as follows:
"Compensation. For all legal services provided in this Agreement, the City will pay Consultant at the blended rate of $255 per hour for attorney representation and $157 per hour for paralegals and clerks, and such fees shall increase by up to five percent each fiscal year, rounded up to the nearest dollar, to offset rising costs. The attorneys' fees to Consultant shall not exceed $186,000 per fiscal year on a net basis without approval of the City." B. Continuing Effect of Agreement. Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
Attachment 2
246
247
Attachment 3
248
249

AGREEMENT BETWEEN CIVICA LAW GROUP

AND THE CITY OF SAN CLEMENTE

FOR MUNICIPAL CITATION LEGAL SERVICES
I. PARTIES AND DATE.

This agreement ("Agreement") is made and entered into on March l_, 2023 by and between the CITY 01' SAN CLEMENTE ("City"), and CIVICA LAW GROUP, APC, a California Professional Corporation engaged in the practice of law in the State of California ("Consultant").

Consultant and the City are sometimes individually referred to herein as "Party" and collectively as "Parties." In consideration of the mutual promises set forth herein, the parties agree to the terms of this Agreement as set forth herein.

2. RECITALS.

2.1 The City wishes to engage the services of Consultant to provide municipal citation support services as described further in this Agreement. Consultant wishes to provide all such services and has the necessary expertise and competency to provide such services.

3. TERMS.

3.1 Scope of Services. Consultant shall provide legal advice, representation and assistance to the City regarding Orange County Sheriffs Department or City issued criminal citations based on the municipal code, and shall act as the primary prosecuting authority on the City's behalf for municipal code violations. Consultant shall report on a regular basis to the City regarding the status and dispositions of cases referred to Consultant.

3.2 Responsibilities of Attorneys and Client. Consultant shall fully cooperate with the City and will keep the City and its staff informed of the status and progress of all pending matters and all legal matters of importance with which Consultant is involved. Consultant will manage and control the delivery of all legal services described hereunder in a professional, competent, and cost-effective manner. The City agrees to provide all information and documentation necessary for the attorneys at Consultant to perform their obligations under this Agreement.

3.3 Compensation. l'or all legal services provided in this Agreement, the City will pay a flat fee to Consultant in the amount of $33,200 for fiscal year 2022-2023, which shall be paid in equal monthly installments. Starting in fiscal year 2023-2024 the City will pay a flat fee to Consultant in the amount of $99,600 per fiscal year, which shall be paid in equal monthly installments. Such compensation excludes services for trials and writs/appeals, given their unpredictable and unforeseeable nature, and shall exclude costs as provided in Section 3.4, which shall be reimbursed separately by or directly paid by the City.

Consultant's employment and compensation is in no way contingent on any result or outcome, or its exercise of its prosecutorial discretion in determining whether or how to file cases referred to it or prosecutions or dispositions thereof. Consultant cannot and does not represent, promise or guarantee any particular outcome. Consultant shall correspond closely with, receive I
8 Attachment 4
250
251
252
253
254
255
Attachment 5
256
257
258
259
260
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: October 1, 2024 Agenda Item: 11G.

Submitted By: Public Works
Prepared By: Dustin Burnside, Utilities Manager
Subject:
..titl e

CONSIDERATION OF A RESOLUTION APPROVING AN AGREEMENT WITH THE MUNICIPAL

WATER DISTRICT OF ORANGE COUNTY (MWDOC) AND HERNDON SOLUTIONS GROUP (HSG) FOR SHARING CONSULTANT COSTS FOR COMPLETION OF THE FEDERALLY MANDATED AMERICAN WATER INFRASTRUCTURE ACT OF 2018 (AWIA) PROJECT

UPDATES, INCLUDING THE RISK AND RESILIENCY ASSESSMENT (RRA) AND THE

EMERGENCY RESPONSE PLAN (ERP), AUTHORIZING THE CITY MANAGER TO EXECUTE

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

The total consultant cost for the project of $66,700 has been budgeted in the amount of $49,450 for the RRA for Fiscal Year 2025, and $17,250 for the ERP for Fiscal Year 2026 from the Water and Sewer Operating Funds, Account Numbers 052-461-43690 and 054-471-43690.

Summary:

Before the City Council is an agreement and commitment letter that would allow the City to participate in a shared services agreement with the Municipal Water District of Orange County (MWDOC) and Herndon Solutions Group (HSG) to update and submit the items contained in the regulatory requirements set forth by the Environmental Protection Agency (EPA) America's Water Infrastructure Act (AWIA) 2018 Required Components Update of Risk and Resiliency Assessment (RRA) and Emergency Response Plan (ERP) for the City’s water and sewer system.

Background:

Section 2013 of AWIA, which amended Section 1433 of the Safe Drinking Water Act, requires community (drinking) water systems serving more than 3,300 people to prepare or revise RRAs and ERP’s and certify to the U.S. Environmental Protection Agency (EPA) that this work has been completed. Community (drinking) water systems must review, revise where applicable, and recertify their RRA and ERP to EPA every five years from the original deadlines specified in the law.

The RRA tasks each community water system serving a population of greater than 3,300 persons with assessing the risks to, and resilience of, its system. Such an assessment shall include:
 The risk to the system from malevolent acts and natural hazards;  The resilience of the pipes and constructed conveyances, physical barriers, source water, water collection and intake, pretreatment, treatment, storage and distribution facilities, electronic, computer, or other automated systems (including the security of such systems) which are utilized by the system;
261
Meeting Date: October 1, 2024 Agenda Item: 11G.

CITY OF SAN CLEMENTE 2
 The monitoring practices of the system;
 The use, storage, or handling of various chemicals by the system; and  The operation and maintenance of the system.

The goal of the ERP is to identify:
 Strategies and resources to improve the resilience of the system, including the physical security and cybersecurity of the system;
 Plans and procedures that can be implemented, and identification of equipment that can be utilized, in the event of a malevolent act or natural hazard that threatens the ability of the community water system to deliver safe drinking water;
 Actions, procedures and equipment that can obviate or significantly lessen the impact of a malevolent act or natural hazard on the public health and the safety and supply of drinking water provided to communities and individuals, including the development of alternative source water options, relocation of water intakes and construction of flood protection barriers; and
 Strategies that can be used to aid in the detection of malevolent acts or natural hazards that threaten the security or resilience of the system.

The City of San Clemente’s due date for submission of the AWIA RRA is 12/31/2025, and the deadline for the RRA is 6/30/2026. Thirty agencies are projected to partner with the Water Emergency Response Organization of Orange County (WEROC) division of MWDOC in the shared services agreement for the required AWIA updates.

In January 2024, WEROC developed a Request for Proposal for meeting the AWIA requirements of conducting an RRA and ERP. WEROC staff received, reviewed, and ranked 3 proposals and recommended awarding a shared service contract with Herndon Solutions Group (HSG). This project and agreement is a shared service being offered by MWDOC. This approach results in a high level of efficiency in the contracting and completion of the work with universal cost savings for all participating agencies.

Council Options:
 Adopt Resolution No. 24-154, approving an agreement for sharing consultant costs to complete the federally required AWIA updates to the RRA and ERP, authorizing the City Manager to execute the contract and commitment letter, and finding the project categorically exempt from the California Environmental Quality Act.
 Modify and adopt Resolution No. 24-154.
 Continue the item and direct staff to provide additional information.  Deny Resolution No. 24-154 and deny the participation in the cost sharing agreement. Note this action would require the City to independently engage a consultant to complete federal requirements.
262
Meeting Date: October 1, 2024 Agenda Item: 11G.

CITY OF SAN CLEMENTE 3
Environmental Review/Analysis:

Staff recommends that the City Council determine this action to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 9 (Inspections - Activities limited entirely to inspections, to check for performance of an operation, or quality, health, or safety of a project, including related activities such as inspection for possible mislabeling, misrepresentation, or adulteration of products (State CEQA Guidelines, section 15309.).

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that City Council adopt Resolution No. 24-154, which would:

1. Find the project categorically exempt from the California Environmental Quality Act (CEQA) under Class 9 (Inspections, 14 CCR section 15309 of the State CEQA Guidelines);

2. Approve the agreement for sharing consultant costs with Metropolitan Water District of Orange County and Herndon Solutions Group for the federally required AWIA updates; and

3. Authorize the City Manager to execute the shared services consultant agreement and commitment in an amount not to exceed $66,700.
..end
Attachment:

1. Resolution No. 24-154

2. MWDOC Draft Participating Agency Terms and Conditions (Commitment Letter)

3. Consultant Cost Sharing Agreement with MWDOC and Herndon Solutions Group

4. CEQA Notice of Exemption Form
Notification:

None.
263
RESOLUTION NO. 24-154

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING AN

AGREEMENT WITH THE METROPOLITAN WATER

DISTRICT OF ORANGE COUNTY (MWDOC) AND

HERNDON SOLUTIONS GROUP (HSG) FOR SHARING

CONSULTANT COSTS FOR COMPLETION OF THE

FEDERALLY MANDATED AMERICAN WATER
INFRASTRUCTURE ACT OF 2018 (AWIA) PROJECT

UPDATES, INCLUDING THE RISK AND RESILIENCY

ASSESSMENT (RRA) AND THE EMERGENCY RESPONSE

PLAN (ERP), AUTHORIZING THE CITY MANAGER TO

EXECUTE THE CONTRACT AND COMMITMENT LETTER

AND FINDING THE PROJECT CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
UNDER CLASS 9 (INSPECTIONS, 14 CCR 15309)
WHEREAS, the American Water Infrastructure Act of 2018 mandates an update to the Risk and Resiliency Assessment and Emergency Response Plan every five years; and WHEREAS, the Municipal Water District of Orange County (MWDOC) issued an request for proposal for a shared services contract to assist member agencies, including the City of San Clemente, in completing the required updates and selected Herndon Solutions Group to accomplish the task; and
WHEREAS, MWDOC awarded Herndon Solutions Group the Shared Services Agreement to assist member agencies to meet the US EPA regulations, and the City of San Clemente requires assistance to meet the US EPA regulations; and WHEREAS, the anticipated costs of the City of San Clemente’s participation in the cost sharing agreement with MWDOC and Herndon Solutions Group will be for an amount not to exceed $66,700, and will enable the City to fulfill its requirements under the US EPA regulations and is in the best interests of the City and the public.

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

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

Section 2. That based on substantial evidence in the record as a whole, this project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 9 (Inspections, 14 CCR 15309), Section 15309 of the state CEQA Guidelines because it consists of activities limited entirely to inspections, to check for performance of an operation, or quality, health, or safety of a project, including related activities such as inspection for possible mislabeling, misrepresentation, or adulteration of products and there is no Attachment 1
264
Resolution No. 24-154 Page 2
possibility of direct or foreseeable indirect substantial impacts on the environment.

Section 3. That the Agreement For Sharing Consultant Costs For Completion Of Orange County Water And Wastewater Multi-Jurisdictional Hazard Mitigation Plan And America Water Infrastructure Act Of 2018 Projects (the “Agreement”) and the Participating Agency Terms And Conditions (“Commitment Letter”) are hereby approved.

Section 4. That the City Manager is authorized and directed to execute the Agreement and the Commitment Letter in forms substantially similar to those presented to the City Council on October 1, 2024 for an amount not to exceed $66,700.

Section 5. That the City Manager is authorized and directed to execute such other documents and take such other and further actions as are necessary and proper to accomplish the purposes of this resolution and comply with federal requirements related thereto.

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 ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
265
Resolution No. 24-154 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. 24-154 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:

DRAFT PARTICIPATING AGENCY TERMS AND CONDITIONS

PARTICIPATING AGENCY LETTERHEAD
[DRAFT DATE 4-19-24]
April 19, 2024
Re: Letter of Commitment as a Participating Agency in the WEROC Multijurisdictional Hazard Mitigation Plan (MJHMP) and America’s Water Infrastructure Act of 2018 Required Components Risk/Resiliency Assessments (RRA) and Emergency Response Plans (ERP) Project
Dear Ms. Osborn,
The City of San Clemente is submitting this letter of commitment to confirm that City of San Clemente has agreed to participate in the WEROC Water Infrastructure Act of 2018 Required Components Risk/Resiliency Assessments (RRA) and Emergency Response Plans (ERP) Project.

Further, as a condition to participating in the AWIA update process; City of San Clemente agrees to provide such cooperation as is necessary and in a timely manner to WEROC and the consultant to complete documents and joint planning processes in conformance with FEMA and EPA requirements and deadlines. Participation is anticipated to be in tasks to prioritize and meet each participating agency’s deadlines for the specific product(s) they will be participating in. Missing meetings and deadlines will be at the Participating Agency’s own risk and could result in not meeting AWIA deadlines.

City of San Clemente understands that it must engage in the following planning process, including, but not limited to:
 Committing and designating at least one staff member from City of San Clemente to participate in various processes for each Phase of the project, including but not limited to:
o Four RRA Virtual Workshops (consistent 3 representatives are required to participate)
o Data request spreadsheets
 Review and provide to the selected consultant and/ or WEROC staff existing plans and programs to facilitate the completion of a Compliance Crosswalk between previous vulnerability and risk assessments and the requirements for RRAs and ERPs under AWIA 2018. The selected consultant will be held to a strict Non-Disclosure Agreement and will be required to provide all documents and products back to individual participating agencies.

Documents may include, but are not limited to:
o Vulnerability Assessment (most recent)
o Emergency Response Plan (most recent)
o Standard Operating Procedures (SOPs)/ Standard Operating Guides (SOGs) o Emergency Response Plan (ERP)/ Emergency Operations Plan (EOP) o ERP Appendix or Checklists for response to natural and manmade hazards o Dam Emergency Action Plans
267
o Vulnerability Assessments – physical and/ or cyber
o Water and/or Wastewater Master Plans
o Capital Improvement Plans
o Financial Policies
o Reserve Policies
o Financial Audit Findings
o Procurement Policies/ Programs/ Emergency Response Contract Plans o Hazard Mitigation Plans
o Continuity of Operations Plans (COOPs)/ Continuity of Government Plans (COGs)/ Business Continuity Plans
o Recovery Plans
o Water Outage/ Emergency Drinking Water Plans
o Water Reliability Studies
Furthermore, City of San Clemente recognizes that there is an estimated cost share for the agency’s participation in the RRA up to $49,450.00, ERP up to $17,250.00 for a total agency cost share of up to $66,700.00 and is committed to pay MWDOC for this cost.

Sincerely,
_____________________________
Andy Hall
City Manager
City of San Clemente
268
269
Docusign Envelope ID: 0FEB6BB4-7886-467E-BF67-4DC9FD9DAC1F

Page 1 of 8 ends

55401.00000\42564077.1

AGREEMENT FOR SHARING CONSULTANT COSTS FOR COMPLETION OF

ORANGE COUNTY WATER AND WASTEWATER MULTI-JURISDICTIONAL

HAZARD MITIGATION PLAN AND AMERICA WATER INFRASTRUCTURE ACT OF 2018 PROJECTS
This Agreement for Sharing Consultant Costs for Completion of Joint Hazard Mitigation Plans and the America’s Water Infrastructure Act of 2018 (AWIA) Update Projects (“Agreement”) is made and entered into as of August 15, 2024, by and between the City of San Clemente (“Participating Agency”) and the Municipal Water District of Orange County (“MWDOC”). The Participating Agency and MWDOC are collectively referred to as “Parties.”

RECITALS
WHEREAS, MWDOC is the administrator of the Water Emergency Response Organization of Orange County (WEROC), providing countywide emergency preparedness for water and wastewater agencies, which includes essential resources, trainings, and exercises to member agencies and coordination partners throughout Orange County; WHEREAS, as WEROC administrator, MWDOC ensures compliance with America’s Water Infrastructure Act (AWIA) and managing the Orange County Multi-Jurisdictional Water and Wastewater Hazard Mitigation Plan (MJHMP);
WHEREAS, numerous retail and wholesale agencies in Orange County that share infrastructure and are similarly situated with regard to emergency preparedness, including the Participating Agency (collectively “Participating Agencies”), enter into cost-sharing agreements with MWDOC;
WHEREAS, the Participating Agencies and MWDOC have a successful history of collaboration and cost sharing and now desire to coordinate in the preparation of Orange County MultiJurisdictional Water and Wastewater Hazard Mitigation Plan (MJHMP) and the AWIA Update Projects to ensure consistency and obtain economies of scale thereby reducing preparation time and costs for each the Participating Agency; and
WHEREAS, a Scope of Orange County Multi-Jurisdictional Water and Wastewater Hazard Mitigation Plan (MJHMP) and AWIA of 2018 Required Components (Risk/Resiliency Assessment (RRA) and Emergency Response Plans (ERP) was incorporated into a Request for Proposals. Partner agencies assisted with the development of the scope of work. In response, consulting firms submitted proposals, which resulted in the selection of HSG, LLC (d/b/a (Herndon Solutions Group) (“HSG” or “Consultant”) as the consultant to prepare Orange County MultiJurisdictional Water and Wastewater Hazard Mitigation Plan (MJHMP) and the AWIA Update Projects for the Participating Agencies (the “Work”);
WHEREAS, the Work will consist of an update to a regional hazard mitigation assessment and consequently develop an Orange County Multi-Jurisdictional Water and Wastewater Hazard Mitigation Plan (MJHMP) that meets the Federal Emergency Management Agency (FEMA) guidelines for approval with the goal of updating each Participating Agency’s vulnerabilities and apply those to a regional concept of emergency mitigation, in order to have a regional water & wastewater utilities plan;
Attachment 3
270
Docusign Envelope ID: 0FEB6BB4-7886-467E-BF67-4DC9FD9DAC1F

Page 2 of 8 ends

55401.00000\42564077.1
WHEREAS, each participating water utility has conducted security threat vulnerability assessments and have a general emergency plans that are compliant with California’s Standardized Emergency Management System, the National Incident Management System, and the AWIA; WHEREAS, AWIA requires community water systems that serve more than 3,300 people to identify, manage, and minimize organizational risks and update their RRAs and ERPs at least every five years;
WHEREAS, to maximize resources, MWDOC included the update of agency MJHMPs, as required by the Disaster Mitigation Act of 2000, which will ensure alignment of these planning processes by leveraging the same data sets and collaboration activities, such as hazard identification and mitigation workshops;
WHEREAS, HSG previously supported MWDOC with its initial AWIA compliance submittal, completing 23 RRAs and ERPs from 2019 through 2021, which included coordination with MWDOC’s HMP and Urban Water Management Plan (UWMP) planning teams; WHEREAS, MWDOC and its staff are willing to coordinate this process, including the preparation and administration of a professional services agreement with the Consultant; and the administration of the cost sharing provisions of this Agreement; NOW, THEREFORE, in consideration of the payment of money as set forth below and the mutual promises of the Parties hereto, it is agreed:

1. Engagement of Consultant and Administration of Consultant Agreement

1.1 MWDOC shall award a professional services agreement for the work identified in the Request for Proposals (“Consultant Agreement”) to HSG. MWDOC shall use its standard professional services agreement form for the Consultant Agreement, including any minor negotiated deviations approved by MWDOC General Manager and Legal Counsel, and require appropriate types and limits of insurance coverage and indemnification as required by this Agreement. Each CGL policy shall identify MWDOC, the Participating Agency, and their directors, officers, agents, employees, attorneys, consultants and volunteers as additional insureds, or be endorsed to identify these parties as additional insureds using a form acceptable to MWDOC. The Consultant Agreement will require the Consultant's insurer(s) to waive all rights of subrogation against MWDOC, the Participating Agency, and their directors, officers, agents, employees, attorneys, consultants and volunteers.

The Consultant Agreement will further require the Consultant to indemnify, defend and hold harmless MWDOC, the Participating Agency, and its elected officials, officers and employees, and each of them from and against all third party actions, proceedings, damages, costs, expenses, penalties or liabilities, in law or equity, of every kind or nature whatsoever, including reasonable legal fees and costs, arising out of, resulting from, or on account of Consultant’s negligent acts or willful misconduct in the performance of the work under this agreement, provided, however, that Consultant’s liability under this indemnity shall not apply to the extent of the contributory negligence of the MWDOC, the Participating Agency, its 271
Docusign Envelope ID: 0FEB6BB4-7886-467E-BF67-4DC9FD9DAC1F

Page 3 of 8 ends

55401.00000\42564077.1
employees and contractors. The Consultant Agreement will require Consultant to ensure that its sub-consultants, if any, provide similar insurance coverage.

1.2 MWDOC shall coordinate all aspects of the proposed work with the selected Consultant and communicate with the Participating Agency, and upon request of the Participating Agency, regarding the status and substance of completion and submission of the MJHMP and AWIA Update Projects.

1.3 HSG has organized participating agencies into three groups: (1) Participating Agencies that need only MJHMP support, (2) Participating Agencies that need both MJHMP and AWIA RRA and ERP support, and (3) Participating Agencies that need only AWIA RRA and ERP support.

1.4 Following notice to proceed, HSG will further group the Participating Agencies based on geography, agency-specific due dates, and previously assigned assistant project managers.

1.5 The Participating Agency shall, within a reasonable timeframe, provide all documents, information, and assistance requested by the selected Consultant during the performance of the Consultant Agreement.

2. Cost Sharing Obligations

2.1 MWDOC shall:

2.1.1 Track the Participating Agency’s costs for each plan (HMP, RRA, and ERP) as described in Exhibit A (“2025 MJHMP and AWIA Participating Agency Cost Worksheet”), which includes the Participating Agency’s estimated base cost for each plan and is attached hereto and incorporated herein by this reference;

2.1.2 Be responsible for receiving Consultant invoices by the 10th day of the month pursuant to the Consultant Agreement;

2.1.3 Be responsible for billing the Participating Agency for the costs due on the payment date as described in Exhibit A, including additional amounts owed for any approved changes to the Work;

2.1.4 Be responsible for making payments directly to Consultant from funds paid to MWDOC by the Participating Agency;

2.1.5 Inform the Participating Agency of any proposed changes to the estimated costs in Exhibit A that would result in an increase or decrease in that Participating Agency's payment under this Agreement and seek the Participating Agency’s approval for such changes before notifying the Consultant to proceed with the work;
272
Docusign Envelope ID: 0FEB6BB4-7886-467E-BF67-4DC9FD9DAC1F

Page 4 of 8 ends

55401.00000\42564077.1

2.1.6 Prepare a final accounting at the end of each fiscal year and either distribute any remaining funds collected from the Participating Agency back to the Participating Agency or issue a final bill to Participating Agency where there are funds due;

2.1.7 Share information relative to adjustments in costs with Participating Agency on a periodic basis if decisions to participate by the various Participating Agencies affect the costs in Exhibit A.

2.2 Each Participating Agency shall:

2.2.1 Pay to MWDOC the costs due for each plan on each payment date as described in Exhibit A;

2.2.2 Within 60 days of each invoice date, pay to MWDOC the amount invoiced in accordance with , Exhibit A;

2.2.3 If the Participating Agency requests or requires additional work that was not included in the cost calculation in Exhibit A, MWDOC will assist with coordination with the Consultant and develop the change order for any contract changes if both Participating Agency and Consultant approves such work. Participating Agency agrees to pay to MWDOC, the full amount owed for the additional work within 60 days of the invoice date;

2.2.4 Acknowledge that costs may vary as Participating Agencies decide whether or not to participate and/or as additional work is completed with the Participating Agency’s approval.

3. Accounting

3.1 Upon request of the Participating Agency, MWDOC will provide copies of the selected Consultant's invoices and MWDOC's payment records.

4. Non-Appropriation of Funds

4.1 Payments to be made by the Participating Agency under Section 2.2 to MWDOC for any Work performed by the selected Consultant within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that the Participating Agency does not appropriate sufficient funds for payment of the selected Contractor’s Work beyond the current fiscal year, this Agreement shall cover payment for such Work only to the conclusion of the last fiscal year in which the Participating Agency appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

4.2 The Participating Agency agrees to use reasonable efforts to ensure appropriated funds are available and acknowledge that MWDOC is facilitating payment to the 273
Docusign Envelope ID: 0FEB6BB4-7886-467E-BF67-4DC9FD9DAC1F

Page 5 of 8 ends

55401.00000\42564077.1
Consultant under this Agreement for benefit of and cost-savings for the Participating Agency.

5. Independent Contractor

5.1 Any consultant engaged by MWDOC on behalf of the Participating Agency as contemplated in this Agreement will not be a party to this Agreement and will not be an employee or agent of MWDOC or the Participating Agency, either as a result of this Agreement or as a result of a professional services agreement between MWDOC and the Consultant. Any consultant engaged as contemplated in this Agreement will be an independent contractor to MWDOC.

6. Warranty, Indemnification, and Defense

6.1 MWDOC shall use its best efforts in administering the Consultant Agreement, but makes no representations, guarantees or warranties to the Participating Agency as to the quality or timeliness of work product provided by Consultant pursuant to the Consultant Agreement.

6.2 All losses or liabilities resulting from any and all actions, claims, penalties, obligations or liabilities, in law or in equity, of every kind or nature whatsoever, that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in any manner directly or indirectly connected with any work contemplated by this Agreement shall be subject to the indemnification described in this Section 6.3.

6.3 Subject to Sections 6.1, 6.2, and 6.4, each of the Parties hereto shall fully indemnify and hold each of the other Parties, their officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed or occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof, shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other Parties hereto, their officers, board members employees, or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to any other Parties under this Agreement.

6.4 As between Participating Agencies, any costs associated with the defense and indemnity obligations set forth in Section 6.3 shall be the financial responsibility of each Participating Agency based on their proportionate share of fault, as determined by final arbitration or court decision or by the agreement of the Participating Agencies.
274
Docusign Envelope ID: 0FEB6BB4-7886-467E-BF67-4DC9FD9DAC1F

Page 6 of 8 ends

55401.00000\42564077.1

7. Notice

7.1 Any notice or communication required to be given under this Agreement shall be in writing and effective when deposited, first class postage prepaid with the United States Postal Service addressed to the contracting Parties as follows:

Notice to Parties

1. MWDOC Harvey De La Torre, General Manager
Municipal Water District of Orange County
18700 Ward St.

P.O. Box 20895
Fountain Valley, CA 92728
With copy to:

Vicki Osborn
Director of Emergency Management
Water Emergency Response Organization of
Orange County (WEROC)
[email protected]

2. City of San Clemente City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN:

Laura Campagnolo, City Clerk

8. Jurisdiction and Venue

8.1 In all matters concerning the validity, interpretation, performance, or effect of this Agreement, the laws of the State of California shall govern and be applicable. The 275
Docusign Envelope ID: 0FEB6BB4-7886-467E-BF67-4DC9FD9DAC1F

Page 7 of 8 ends

55401.00000\42564077.1
Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that venue of any action brought hereunder shall be in Orange County, California.

9. Counterparts and Facsimile

9.1 This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by 276
Docusign Envelope ID: 0FEB6BB4-7886-467E-BF67-4DC9FD9DAC1F

Page 8 of 8 ends

55401.00000\42564077.1
facsimile, email, or other electronic means and have the same force and effect as if they were original signatures. All parties have participated in the drafting of this Agreement.

10. Severability

10.1 If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, the legality, validity, and enforceability of the remaining provisions shall not be affected thereby.

11. Term

11.1 This Agreement shall commence upon the date of execution by the Participating Agency below and shall extend thereafter through the completion of all work product generated by the Consultant and delivered to MWDOC and to the Participating Agency.

11.2 MWDOC shall issue a Notice of Completion to all Participating Agencies upon close-out of the Consultant Agreement. Notwithstanding anything to the contrary in this Section 11, this Agreement may be terminated earlier by MWDOC in its discretion upon or after termination of the Consultant Agreement.

12. Entire Agreement

12.1 This Agreement contains the entire agreement of the Parties relating to the subject matter hereof; and the Parties have made no agreements, representations, or warranties, either written or oral, relating to the subject matter hereof that are not set forth herein. Except as provided herein, this Agreement may not be modified or altered without prior written approval from both parties.

IN WITNESS WHEREOF, the Parties have hereunto affixed their names as of the day and year thereinafter written, which shall be and is the effective date of This Agreement. 277
Docusign Envelope ID: 0FEB6BB4-7886-467E-BF67-4DC9FD9DAC1F

Page 9 of 8 ends

55401.00000\42564077.1
Execution of Agreement by the Parties
MWDOC Date:

By:

Harvey De La Torre, General Manager
Municipal Water District of Orange County
Approved as to Form:

Date: 8/19/2024 | 6:12 PM PDT
By:

Joseph P. Byrne, Partner
Best Best & Krieger LLP
City of San Clemente Date:

By:

Andy Hall, City Manager
ATTEST:
___________________________________
CITY CLERK of the City of San Clemente,
California
Approved as to Form:

By:

Elizabeth A. Mitchell, City Attorney
278
Docusign Envelope ID: 0FEB6BB4-7886-467E-BF67-4DC9FD9DAC1F 2025 MJHMP and AWIA Participating Agency Cost Worksheet Orange County Water and Wastewater Jurisdictions Tier
Hazard
Mitigation Plan
3/9/25
Population
Served
AWIA RRA Deadline ** Note each agency
deadline date is different
based on when they
submitted last cycle
^^ERPs are due 6
months after RRA
Submittal
Risk and Resilience
Assessment
Emergency
Response
Plans
Project
Installation Total
Letter of
Commitment
Received
Signed
Contract
Received
Payment HMP
** Payment
Invoice 100%
Payment
RRA Due
Payment
ERP Due
Anaheim (City) * Tier I 345940 3/31/2025 89700 17250 106950 Y 10/15/2024 9/15/2025 Brea (City) Tier III 47589 6/30/2026 32200 17250 49450 Y 12/15/2025 12/15/2026 Buena Park (City) Tier II
83011 12/31/2025 49450 17250 66700
Y
Total Amount
Allocated to
FY 24/25
**Billing Date
3/31/25
Costa Mesa Sanitary District 11800 11800 Y60 days following contract signature
El Toro WD Tier II 9300 51800 12/31/2025 32200 17250 58750 Y60 days following contract signature 6/15/2025 6/15/2026
Emerald Bay **
EOCWD ***
Fountain Valley (City) Tier II 56495 12/31/2025 49450 17250 66700 Y 6/15/2025 6/15/2026 Fullerton (City) Tier I 141874 3/31/2025 72450 17250 89700 Y 10/15/2024 9/15/2025 Garden Grove (City) Tier I 170488 3/31/2025 72450 17250 89700 Y 10/15/2024 9/15/2025 Golden State **
Huntington Beach (City) Tier I 196652 3/31/2025 72450 17250 89700 Y 10/15/2024 9/15/2025 Irvine Ranch WD Tier I 8900 412933 3/31/2025 72450 N/A 81350 Y 60 days following
contract signature 10/15/2024 9/15/2025
La Habra (City) Tier II 62609 12/31/2025 49450 17250 66700 Y 6/15/2025 6/15/2026 La Palma (City) **
Laguna Beach (City) **
Laguna Beach County WD Tier III 9300 23000 6/30/2026 32200 63250 104750 Y60 days following contract signature 12/15/2025 12/15/2026
Mesa WD 11800 11800 Y60 days following
contract signature
Midway City Sanitary District **
Moulton Niguel WD Tier I 8900 171856 3/31/2025 72450 17250 98600 Y60 days following contract signature 10/15/2024 9/15/2025
MWDOC/WEROC # Tier I 8900 2300000 3/31/2025 72450 17250 75000 173600 60 days following contract signature 10/15/2024 9/15/2025
Newport Beach (City) Tier II 84792 12/31/2025 49450 17250 66700 Y 3/1/2025 6/15/2026 Orange (City) Tier I 137263 3/31/2025 72450 17250 89700 Y 10/15/2024 9/15/2025 Orange County Sanitation District 11800 11800 Y60 days following contract signature
Orange County Water District 11800 11800 Y60 days following contract signature
San Clemente (City) Tier II 63896 12/31/2025 49450 17250 66700 Y 10/15/2024 7/1/2026 Santa Ana (City) Tier I 309441 3/31/2025 72450 17250 89700 Y 10/15/2024 9/15/2025 Santa Margarita WD Tier I 8900 47442 3/31/2025 72450 17250 98600 Y60 days following contract signature 10/15/2024 9/15/2025
Seal Beach (City) Tier III 24937 6/30/2026 32200 17250 49450 Y 12/15/2025 12/15/2026 Serrano WD Tier III 9300 6641 6/30/2026 32200 17250 58750 y60 days following contract signature 12/15/2025 12/15/2026
South Coast Water District Tier I 8900 257386 3/31/2025 72450 17250 98600 Y60 days following contract signature 10/15/2024 9/15/2025
South Orange County Waste Water Authority 11800 11800 Y60 days following contract signature
Trabuco Canyon WD Tier III 9300 12712 6/30/2026 32200 17250 58750 Y60 days following contract signature 12/15/2025 12/15/2026
Tustin (City) Tier II 79430 12/31/2025 49450 17250 66700 Y 6/15/2025 6/15/2026 Westminster (City) Tier II 90195 12/31/2025 49450 17250 66700 Y 6/15/2025 6/15/2026 Yorba Linda WD Tier II 9300 67989 12/31/2025 60950 63250 133500 Y60 days following contract signature 6/15/2025 6/15/2026
Totals 150000 1414500 506000 75000 2145500
* New in 2025
** Not Participating
*** Has own HMP and opted to seek own bids (1/31/24 email) # One time cost for project installation and management (WEROC Reserves Covering) 279

Statutory Exemptions. State code number:

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

Project Location - City: ______________________ Project Location - County:

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

Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:

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

1. Attach certified document of exemption finding.

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

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

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
Attachment 4
280
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: October 1, 2024 Agenda Item: 11H.

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

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO DIAMOND CONSTRUCTION & DESIGN FOR THE STORM DRAIN GRAVITY MAIN SWGM16135 REPAIRS, PROJECT NO. 26001; APPROVING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $735,000 FROM THE STORM DRAIN FUND INTO ACCOUNT NO. 059- 553-43420-000-26001; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT IN AN AMOUNT NOT TO EXCEED $573,637; AND FINDING

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

The total estimated construction cost for the Storm Drain Gravity Main SWGM-16135 Repairs is $735,000, funded from the Storm Drain Fund Depreciation Reserve / Storm Drain Rehabilitation, Account No. 059-553-43420-000-26001, which has a current account balance of $99,700. To provide funding for this storm drain repair, staff is recommending a supplemental appropriation in the amount of $735,000 from the Storm Drain Fund into Account No. 059-553-43420-000-26001, which will be funded by a loan from the Local Drainage Facilities Fund in an amount up to $735,000 from the Catch Basin and Strom Drain projects.

Summary:

Due to heavy rains during the winter months of 2024, a 30-inch corrugated storm drain metal pipe (CMP), as shown below, was corroded and failed, forming a 28-foot deep sinkhole at the bottom of the slope adjacent to Caltrans right-of-way. To circumvent further damage to the storm drain, staff is recommending replacement of a section of the storm drain line at a nominal depth and installation of a new manhole. A bid package was prepared and advertised, and competitive bids were received on September 18, 2024.

Sinkhole
38’x38’x28’ (Deep)
281
Meeting Date: October 1, 2024 Agenda Item: 11H.

CITY OF SAN CLEMENTE 2
To make the repair, staff is recommending that the City Council award a construction contract (Attachment 2) to Diamond Construction & Design in an amount not to exceed $573,637 and approve a 19% project contingency for the Storm Drain Gravity Main SWGM-16135 Repairs, Project No. 26001.

Background:

Based on a Closed Circuit TV (CCTV) inspection of this storm drain pipe, staff found a corroded section of 30-inch corrugated storm drain metal pipe (CMP) between Camino de Los Mares and Interstate five that failed, and a 28-foot deep sinkhole was formed at the bottom of the slope. The project will backfill the sinkhole and replace approximately 230 linear feet of the corroded CMP pipe with a corrugated plastic pipe with at a normal depth of approximately five feet, instead of nearly 30 feet. An alternate bid item is included that provides construction of an additional 15 feet of storm drain pipe at the top of the slope connection, as needed, to be determined during construction when the existing pipe is exposed.

Staff prepared a bid package, notified local contractors, and advertised the project for competitive bidding on the PlanetBids website and in the SC Times. On September 18, 2024, the City received four (4) bids, Base Bids ranging from $558,637 to $930,950, as shown on the table below.
282
Meeting Date: October 1, 2024 Agenda Item: 11H.

CITY OF SAN CLEMENTE 3
Vendor Name City Base Bid
Amount
Base Bid and
Alternate
Diamond Construction & Design San Clemente $558,637 $573,637 HZS Engineering, Inc. Orange $577,006 $597,006
ZECO, Inc. Santa Ana $740,114 $784,114
GCI Construction, Inc. San Clemente $930,950 $970,950
Based on the lowest Base Bid plus the Alternate, the total estimated project construction cost is summarized below:

Construction Administration, Management $ 22,363
Geotechnical Construction Support Services. 30,000
Construction Contract 573,637
Contingency (19%) 109,000
Total Estimated Construction Cost $735,000

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. 24-155 (Attachment 1), approving a supplemental appropriation in the amount of $735,000 from the Storm Drain Fund into Account No. 059-553-43420-000-26001; awarding the Storm Drain Gravity Main SWGM-16135 Repairs to Diamond Construction & Design; authorizing the City Manager to execute a construction contract in an amount not to exceed $573,637; approving a 19% project contingency of $109,000; and finding the project categorically exempt from CEQA under Class 2 (Replacement or Reconstruction, 14 CCR section 15302) of the State CEQA Guidelines.
 Modify and adopt Resolution 24-155.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 24-155 and put the project on hold.

Environmental Review/Analysis:

This project is categorically exempt from the California Environmental Quality Act (CEQA) as it pertains a replacement of an existing storm drain line under Class 2 of the state CEQA Guidelines, Section 15302 - Replacement or Reconstruction. A notice of exemption will be filed for this project.
283
Meeting Date: October 1, 2024 Agenda Item: 11H.

CITY OF SAN CLEMENTE 4
Recommended Actions:

Staff recommends that the City Council adopt Resolution No. 24-155, which will:
..recommendation

2. Award a contract to Diamond Construction & Design, as the lowest responsible and responsive bidder, for the Storm Drain Gravity Main SWGM-16135 Repairs, Project No. 26001;

3. Authorize the City Manager to execute a contract with Diamond Construction & Design in an amount not to exceed $573,637 in a form substantially similar to Contract No. 24-56 (Attachment 2) for the Storm Drain Gravity Main SWGM-16135 Repairs, Project No. 26001;

4. Approve a 19% construction contingency of $109,000 for this Project; and

5. Find the Storm Drain Gravity Main SWGM-16135 Repairs, Project No. 26001, categorically exempt from the CEQA under Class 2 (Replacement or Reconstruction, 14 CCR section 15302) of the State CEQA Guidelines.
..end
Attachment:

1. Resolution No. 24-155

2. Contract No. C24-56 (without attachments)
Notification:

All bidders.
284
Attachment 1
4882-9904-3949 v1
RESOLUTION NO. 24-155

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, AWARDING A

CONSTRUCTION CONTRACT TO DIAMOND

CONSTRUCTION & DESIGN FOR THE STORM DRAIN
GRAVITY MAIN SWGM-16135 REPAIRS, PROJECT
NO. 26001; APPROVING A SUPPLEMENTAL
APPROPRIATION IN THE AMOUNT OF $735,000
FROM Storm Drain FUND INTO ACCOUNT NO. 059-
553-43420-000-26001; AUTHORIZING THE CITY

MANAGER TO EXECUTE THE CONSTRUCTION

CONTRACT IN AN AMOUNT NOT TO EXCEED
$573,637; AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, due to heavy rains of the winter months of 2024, the 30-inch corrugated storm drain metal pipe (CMP) was corroded and failed, and a 28-footdeep sinkhole appeared at the bottom of the slope; and WHEREAS, repairs are needed to backfill the sinkhole and replace approximately 230 linear feet of the corroded CMP pipe with a corrugated plastic pipe; and
WHEREAS, the City conducted formal competitive bidding for the Storm Drain Gravity Main SWGM-16135 Repairs, Project No. 26001 (Project); and WHEREAS, on September 18, 2024, the City received four (4) bids ranging from $558,637 to $930,950 for the Project; and
WHEREAS, the lowest responsive and responsible bidder was Diamond Construction & Design of San Clemente, California, in the amount of $573,637, based on the low base bid and the alternate bid item.

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

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

SECTION 2. That the Storm Drain Gravity Main SWGM-16135 Repairs, Project No. 26001, is categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction, 14 CCR section 15302) 285
Resolution No. 24-155 Page 2
4882-9904-3949 v1
of the State CEQA Guidelines because it consists of replacing existing public structures or facilities, involving negligible or no expansion of an existing or former use and there is no possibility of a direct or foreseeable indirect significant impact on the environment.

SECTION 3. That a supplemental appropriation in the amount of $735,000 from the Storm Drain Fund, into Account 059-553-43420-000-26001, which will be by a loan from the Local Drainage Fund in an amount up to $735,000 from the Catch Basin and Storm Drain projects, is hereby approved.

SECTION 4. That the construction contract for the Storm Drain Gravity Main SWGM-16135 Repairs, Project No. 26001, is hereby awarded to Diamond Construction & Design as the lowest responsive and responsible bidder, based on the Base Bids.

SECTION 5. That the City Manager is authorized and directed to execute a construction contract for the Storm Drain Gravity Main SWGM-16135 Repairs, Project No. 26001, with Diamond Construction & Design in an amount not to exceed of $573,637, in a form substantially similar to that presented to City Council on October 1, 2024.

SECTION 6. That a 19% construction contingency of $109,000 for Project No. 26001 is hereby approved. The City Manager is authorized to utilize the Project contingency to the extent necessary and proper.

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

PASSED AND ADOPTED this _____ day of ____________________, 2024.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
286
Resolution No. 24-155 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. 24-155 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
287
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 Diamond Construction & Design, a California general partnership with its principal place of business at 638 Camino De Los Mares, #H130-513, San Clemente, CA 92673 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

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:

STORM DRAIN GRAVITY MAIN SWGM-16135 REPAIRS, P.N. 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 thirty (30) 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 sum of Five Hundred Seventy Three Thousand and Six Hundred Thirty Seven Dollars ($573,637). 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. In no event shall approved additional work exceed the approved project contingency.

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

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

Contract
Bid Form
Workers’ Compensation Insurance Certification
288
55452.01510\32905704.2
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
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 of San Clemente Public Works Department Office at 910 Calle Negocio, San Clemente, CA 92673 or may be obtained online at 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.
289
55452.01510\32905704.2
3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

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

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization

DIAMOND CONSTRUCTION &
DESIGN, a California general
partnership (“CONTRACTOR”)
By:_____________________________
Stelian Onufrei, Partner
Dated: __________________, 20____
By:_____________________________
Adrian O’Brian, Partner
Dated: __________________, 20____

END OF CONTRACT
290
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: October 1, 2024 Agenda Item: 11I.

Submitted By: Public Works
Prepared By: Masako Hennequin, Associate Civil Engineer Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO ROY ALLAN SLURRY SEAL, INC. FOR PAVEMENT PRESERVATION PROGRAM - CRACK FILLING, CIP PROJECT NO. 25304; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT IN AN AMOUNT NOT TO EXCEED $125,595; AND FINDING THE PROJECT CATEGORICALLY ..body EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Fiscal Impact:

The estimated total construction cost of $162,435 is within the total approved budget amount of $250,000 from the Pavement Preservation Program, Account No. 001-416-45730-000-25304.

Summary:

Before the City Council is the award of a construction contract to Roy Allan Slurry Seal, Inc. in an amount not to exceed $125,595 and approval of a 15% project contingency, for the Pavement Preservation Program.

Background:

As a part of Pavement Preservation Program this project focuses on crack filling various local streets to repair cracks and to prevent further damages to the pavement. The proposed crack filling streets are listed in Attachment 2.

Existing cracks Existing cracks
On August 15, 2024, staff reached out to local contractors and published a notice inviting bids for this project in the SC Times and on PlanetBids. Bids were opened on September 5, 2024, and 291
Meeting Date: October 1, 2024 Agenda Item: 11I.

CITY OF SAN CLEMENTE 2
the results are presented in the table below. Bids ranged from $125,595 to $178,860. There were no local bidders from San Clemente. The lowest responsive and responsible bidder is Roy Allan Slurry Seal, Inc. of Santa Fe Springs, California with a total bid amount of $125,595.

Table 1. Bid Summary
Company Name Company Location Amount
Roy Allan Slurry Seal, Inc. Santa Fe Springs, CA $125,594.70 Mendoza Engineering Company,
Inc.

Fontana, CA $141,500.00
Global Road Sealing, Inc. DBA
GRSI
Stanton, CA $162,300.00
ONYX Paving Company, Inc. Anaheim, CA $178,860.00
Based on the lowest bid, the total estimated project construction cost is $162,435 as summarized below:

Table 2. Cost Summary
Construction Management and Inspection $18,000
Construction $125,595
Contingency (15%) $18,840
Total Estimated Construction Cost $162,435
As required by state law and City policy, the Roy Allan Slurry Seal, Inc. 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. 24-156 (Attachment 1), awarding the Pavement Preservation Program – Crack Filling contract to Roy Allan Slurry Seal, Inc., authorizing the City Manager to execute a construction contract an amount not to exceed $125,595, approving a 15% project contingency of $18,840, 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. 24-156.
 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. 292
Meeting Date: October 1, 2024 Agenda Item: 11I.

CITY OF SAN CLEMENTE 3
Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 24-156, which will:
..recommendation

1. Find the Pavement Preservation Program – Crack Filling, CIP Project No. 25304, 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 – Crack Filling, CIP Project No. 25304, contract to Roy Allan Slurry Seal, Inc.;

3. Authorize the City Manager to execute a contract with Roy Allan Slurry Seal, Inc. in an amount not to exceed $125,595, in a form substantially similar to Contract No. C24-57 (Attachment 3) for the Pavement Preservation Program – Crack Filling, CIP Project No. 25304; and

4. Approve a 15% construction contingency of $18,840 for this project. ..end
Attachment:

1. Resolution No. 24-156

2. Proposed Crack Filling Streets

3. Contract No. C24-57
Notification:

All bidders
293
Attachment 1
RESOLUTION NO. 24-156

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

CONSTRUCTION CONTRACT TO ROY ALLAN SLURRY
SEAL, INC. TO PERFORM PAVEMENT PRESERVATION
PROGRAM - CRACK FILLING, PROJECT NO. 25304;

AUTHORIZING THE CITY MANAGER TO EXECUTE THE
CONTRACT IN AN AMOUNT NOT TO EXCEED $125,595;

AND FINDING THE PROJECT CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR
SECTION 15301) OF THE STATE CEQA GUIDELINES
WHEREAS, the City conducted formal competitive bidding for the Pavement Preservation Program - Crack Filling, Project No. 25304 (Project); and WHEREAS, on September 5, 2024, the City received four (4) responsive bids ranging from $125,595 to $178,850 for the Project; and
WHEREAS, the Roy Allan Slurry Seal, Inc. was the lowest responsive and responsible bidder with a bid of $125,595.

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

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

Section 2. That the project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced and there is no possibility of a direct or reasonably foreseeable indirect significant effect on the environment.

Section 3. That the Construction Contract Agreement for the Pavement Preservation Program - Crack Filling, Project No. 25304 is hereby awarded to Roy Allan Slurry Seal, Inc.

Section 4. That the City Manager is authorized and directed to execute a construction contract for the Pavement Preservation Program - Crack Filling, Project No. 25304 with Roy Allan Slurry Seal, Inc. in an amount not to exceed $125,594, in a form substantially similar to that presented to City Council on October 1, 2024.

Section 5. That a 15% project contingency of $18,840 is hereby approved.

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. 294
Resolution No. 24-156 Page 2
PASSED AND ADOPTED this _____ day of October, 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. 24-156 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of October, 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 October, 2024. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
295
No. Street Name From To
1 Calle Chiquita La Ronda La Ronda
2 Ave. La Ronda E. El Portal E. El Portal
3 Calle Lago N. El Camino Real end of cul de sac
4 Rincon Court Calle De Los Molinos end of cul de sac
5 Calle Puente W. Ave. Canada W. Ave. Palizada
6 Via Juarez Calle Juarez end of cul de sac
7 Calle Juarez Calle Frontera end of cul de sac
8 Calle Baranda Calle Juarez end of cul de sac
9 Calle Luego Calle Frontera Calle Gaucho
10 Calle Guadalajara Calle Nuevo Ave. Vaquero
11 Calle Gaucho Calle Guadalajara end of cul de sac
12 Calle Amigo end of cul de sac end of cul de sac
13 Calle Descanso Calle Amigo end of cul de sac
14 Calle Sorpreso Calle Frontera end of cul de sac
15 Calle Macho Calle Luego end of cul de sac
16 Calle Amable Calle Vallarta end of cul de sac
17 Calle Brisa Calle Vallarta end of cul de sac
18 Calle Contenta Calle Vallarta end of cul de sac
19 Calle Dulce Calle Vallarta end of cul de sac
20 Calle Embocadura Calle Vallarta end of cul de sac
21 Calle Cumbre Calle Vallarta end of cul de sac
22 Calle Fierros Calle Frontera end of cul de sac
23 Calle Ganadero Calle Frontera end of cul de sac
24 Calle Hidalgo end of cul de sac end of cul de sac
25 Via Hidalgo Calle Hidalgo end of cul de sac
26 Calle Chueca end of cul de sac end of cul de sac
27 Via Chueca Calle Chueca end of cul de sac
28 Calle Corral Calle Guadalajara end of cul de sac
29 Calle Reata Calle Guadalajara end of cul de sac
30 Calle Cuadra Calle Frontera Calle Gaucho
31 Calle Nuevo Camino De Los Mares end of cul de sac
32 Calle Morada Calle Nuevo end of cul de sac
33 Via Amapola Calle Nuevo end of cul de sac
34 Calle Piedras Calle Guadalajara Via Amapola
35 Via Bellota Calle Piedras end of cul de sac
36 Calle Esteban Calle Nuevo Calle Doncella
37 Calle Doncella Calle Guadalajara Calle Heraldo
Crackfill Street List
Appendix 3
Pavement Preservation Program, Project No. 25304
Attachment 2
296
38 Calle Heraldo Via Blanco Camino Vera Cruz
39 Via Blanco Calle Heraldo end of cul de sac
40 Arroyo Calle Heraldo end of cul de sac
41 Panadero Calle Heraldo end of cul de sac
42 Caminante Calle Heraldo end of cul de sac
43 Otero Calle Heraldo end of cul de sac
44 Campo Raso Calle Heraldo end of cul de sac
45 Charco Campo Raso end of cul de sac
46 Bello Panorama Camino Vera Cruz end of cul de sac
47 Arbolado Camino Vera Cruz end of cul de sac
48 Carretera Camino Vera Cruz end of cul de sac
49 Costero Risco Camino Vera Cruz end of public portion 50 Acantilado Calle Vallarta end of cul de sac
51 Calle Vallarta 856 Calle Vallarta Via Blanco
52 Malaguena Ave. Salvador end of cul de sac
53 Tibidabo Ave. Salvador end of cul de sac
54 Monserrat Ave. Salvador end of cul de sac
55 Dulcinea Monserate end of cul de sac
56 Vista Valinda Ave. Salvador end of cul de sac
57 Vista Alcedo Vista Valinda end of cul de sac
58 Vista Cantora Vista Valinda end of cul de sac
59 Vista Cayenta Vista Valinda Ave. Buena Suerte
60 Patero De Oro Ave. La Cuesta El Levante
61 Via Delfin Ave. San Pablo end of cul de sac
62 Calle La Serna Ave. San Pablo end of cul de sac
63 W. Ave. Magdalena Ave. Del Presidente S.. Ola Vista
64 Ave. Montalvo Ave. Calafia Ave. Lobiero
65 Ave. Lobiero Ave. Montalvo Ave. Montalvo
66 W. Ave. San Antonio S. Ola Vista W. Ave. Alessandro
67 Paseo De Cristobal Calle Toledo S. El Camino Real
68 Ave. Victoria Cazador Lane S. El Camino Real
69 W. Ave. Cabrillo Ave. Granada N. El Camino Real
70 E. Ave. Cabrillo N. El Camino Real Ave. De La Estrella 71 W. Ave. Palizada N. Ola Vista N. El Camino Real
72 Entrada Paraiso E. Ave. San Juan end of cul de sac
73 E. Ave. Ramona S. El Camino Real end of cul de sac
74 E. Ave. Junipero S. El Camino Real Entrada Paraiso
75 Calle Regla Entrada Paraiso end of cul de sac
76 Ave. Trieste E. Ave. Junipero end of cul de sac
77 E. Ave. San Juan S. El Camino Real Ave. Salvador
78 Via Promontorio Ave. Acapulco end of cul de sac
79 Via Delfin Ave. San Pablo end of cul de sac
80 Via Ensueno Ave. San Pablo end of cul de sac
297
Attachment 3
SECTION 00500

CONTRACT
THIS CONSTRUCTION CONTRACT PAVEMENT PRESERVATION PROGRAM – CRACK FILLING, PROJECT NO. 25304 (“Contract”) is made this _____ day of _________, 2024, in the County of Orange, State of California, by and between the City of San Clemente, a municipal corporation (“City”), and Roy Allan Slurry Seal, Inc., a California corporation (“Contractor”). City and the Contractor for the considerations stated herein agree as follows:

PAVEMENT PRESERVATION PROGRAM – CRACK FILLING, City Project No. 25304 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.

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 sum of One Hundred Twenty-Five Thousand Five Hundred Ninety-Five Dollars ($125,595.00). 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. Approved additional work shall not exceed the 15% project contingency of $18,840.00 without prior approval of the City Council.

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 $500 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
298
SECTION 00500

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

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

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at CITY CLERK, CITY OF SAN CLEMENTE or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
.

CITY OF SAN CLEMENTE
299
SECTION 00500

CONTRACT
By:________________________________
Andy Hall, City Manager
ATTEST:
______________________________ Dated: ____________________, 2024 CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
____________________________
Elizabeth A Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization

Roy Allan Slurry Seal, Inc., a
California corporation
(“CONTRACTOR”)
By:_____________________________
Wyatt Lawrence Allan, Chief Executive
Officer, Chief Financial officer
Dated: __________________, 2024
By:_____________________________
Lance Royal Allan, Secretary
Dated: __________________, 2024

END OF CONTRACT
300
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: October 1, 2024 Agenda Item: 11J.

Submitted By: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks & Recreation Director Subject:
..titl e
CONSIDERATION OF THE FY 2024-25 BEACHES, PARKS & RECREATION COMMISSION

WORK PLAN
..body
Fiscal Impact:

Projects included in the proposed Work Plan are either currently funded or will be considered for funding through a future annual budget process.

Summary:

Pursuant to the City Council’s direction, the Beaches, Parks & Recreation Commission has prepared the attached draft Work Plan for FY 2024-25 for City Council consideration. The purpose of the Work Plan is to provide direction and objectives to the Commission for FY 2024-

25. Background:

At its August 8, 2024, regular meeting, the Commission reviewed several items under consideration for its FY 2024-25 Work Plan. The following items were recommended for approval; full details are included in Resolution Exhibit “A”.

1. Cost of services study review for the use of beaches, parks, and recreation facilities.

2. Review of concept designs for the playground replacement projects at Forster Ranch Community Park and Talega Park.

3. Review of designs for the anticipated expansion of the skate park.

4. Participation in and review of the conceptual designs for two new dog parks located and San Luis Rey Park and San Gorgonio Park.

5. Consideration and review of the anticipated designs of the meadow field space at Vista Hermosa Sports Park.

6. Update the Aquatics Partnership Policy.

7. Overview/special presentation of the current master plan for the department.

8. Add an Events Subcommittee.

Council Options:
 Adopt Resolution 24-157, which will approve the Beaches, Parks & Recreation Commission FY 2024-25 Work Plan.
 Modify and adopt the Resolution.
 Continue the item with directions to staff and the Commission. 301
Meeting Date: October 1, 2024 Agenda Item: 11J.

CITY OF SAN CLEMENTE 2
 Deny the Work Plan.

Environmental Review/Analysis:

Approval of the work plan is not a “project” pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15378 (14 CCR § 15378). Further environmental analysis will be conducted on a project-by-project basis at the appropriate time as required by CEQA.

Recommended Actions:

Staff Recommendation ..recommendation
Staff and the Beaches, Parks & Recreation Commission recommend that the City Council adopt Resolution No. 24-157 to approve the FY 2024-25 Beaches, Parks & Recreation Commission Work Plan.
..end
Attachment:

1. Resolution No. 24-157
Notification:

Beaches, Parks & Recreation Commission
302
303
304
305
306
307
308
309
310
311
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: October 1, 2024 Agenda Item: 11K.

Submitted By: City Manager
Prepared By: Andy Hall, City Manager
Subject:
..titl e
CONSIDERATION OF COUNCILMEMBER TRAVEL AND TRAINING EXPENSES ..body Fiscal Impact:

Up to $3,150 related to two Councilmembers’ attendance at the League of California Cities 2024 Annual Conference and Expo.

Summary:

In accordance with City Council Policy 1201-8, Attachments 1-2 detail anticipated expenses related to travel and training for City Councilmembers.

Background:

City Council Policy 1201-8 was adopted by the City Council to ensure the full body of the City Council is aware of travel or training expenses. The policy indicates that any travel or training expense in excess of $250 will be placed on the consent calendar for consideration by the City Council. The full cost breakdown for the travel request is provided as Attachments 1-2 of this Administrative Report.

Council Options:
 Authorize travel and training expenses detailed in Attachments 1-2.  Request additional information.
 Deny the request for travel and training.

Environmental Review/Analysis:

Not a “project” under the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation ..recommendation
Authorize an expenditure of up to $3,150 related to City Councilmembers’ attendance at the League of California Cities 2024 Annual Conference and Expo. ..end
Attachment:

1. Itemized travel for Mayor Cabral

2. Itemized travel for Mayor Pro Tem Enmeier
312
Meeting Date: October 1, 2024 Agenda Item: 11K.

CITY OF SAN CLEMENTE 2
Notification:

None.
313
ATTACHMENT 1
Itemized Travel and Training Expenses
Councilmember Victor Cabral
Training/Conference League of California Cities 2024 Annual Conference and Expo Date(s) October 16-18, 2024
Location Long Beach, CA
Registration Fees $650
Flight/Travel Expense None
Hotel Expense Estimated $600
Ground Transportation Estimated $50
Incidentals Estimated $250
Total Not to Exceed $1,550
314
ATTACHMENT 2
Itemized Travel and Training Expenses
Councilmember Mark Enmeier
Training/Conference League of California Cities 2024 Annual Conference and Expo Date(s) October 16-18, 2024
Location Long Beach, CA
Registration Fees $700
Flight/Travel Expense None
Hotel Expense Estimated $600
Ground Transportation Estimated $50
Incidentals Estimated $250
Total Not to Exceed $1,600
315
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: October 1, 2024 Agenda Item: (1)
Submitted By: Public Works
Prepared By: Dave Rebensdorf, Public Works Director/City Engineer Subject:
..titl e

CONSIDERATION OF ESTABLISHING A CITY COUNCIL SUBCOMMITTEE TO OVERSEE SELECTION ..body OF MULTI-YEAR TREE TRIMMING CONTRACTOR Fiscal Impact:

None.

Summary:

The City extended a Request for Proposals (RFP) for its multi-year tree trimming contract and received four proposals in response to the RFP. The traditional steps in selecting a contractor are to review the proposals, determine which contractors to interview and then present the lowest qualified bid to the City Council for consideration. Staff is seeking a modification to the traditional process through the formation of a City Council subcommittee to be part of the selection process.

Background:

Tree trimming is an important element in both community safety and aesthetics. In recent years, there has been significant concern about how the tree trimming bid was awarded. Most recently, the successful bidder requested an amendment to the contract to increase the amount of funds available in order to complete the tree trimming. However, concerns were raised about whether an increase in the contract would still result in the current provider being the lowest bidder. For that purpose, staff determined the fairest process to increase the tree trimming funding would be to rebid the contract.

Because of the contention that has accompanied this process, staff determined that the City Council may wish to appoint a two-person subcommittee to review the proposals, together with staff, to determine which contractor should be recommended to the full body of the City Council for consideration.

Council Options:
 Select a City Council subcommittee of two individuals to participate in the review of the proposals submitted for tree trimming.
 Take no action and allow staff to review the proposals and present a recommendation to the City Council.
 Direct staff to return with additional information.
316
Meeting Date: October 1, 2024 Agenda Item: (1)
CITY OF SAN CLEMENTE 2
Environmental Review/Analysis:

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

Recommended Actions:

Staff Recommendation ..recommendation
Appoint a two-person City Council subcommittee to participate in the bid opening and review process for the City’s multi-year tree trimming contact. ..end
Attachment:

None.

Notification:

None.
317

San Clemente City CouncilOctober 1, 2024

San Clemente City Council
October 1, 2024