RESOLUTION NO. 25-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AWARDING A PROFESSIONAL CONSULTANT SERVICES AGREEMENT TO BKF ENGINEERS FOR THE POCHE BEACH WATER RECLAMATION PROJECT DIVERSION DESIGN PROJECT, CIP PROJECT NO. 16006, IN AN AMOUNT NOT TO EXCEED $279,440, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND APPROVING RELATED APPROPRIATIONS WHEREAS, the City of San Clemente owns and operates a Municipal Separate Storm Sewer System (MS4) for the purposes of separating stormwater flows from the collection of municipal wastewater and protecting infrastructure and private property; and WHEREAS, under the National Pollutant Discharge Elimination System (NPDES), the City must comply with the conditions of a valid permit for discharges from its MS4, specifically, Order Number R9-2013-0001, as amended by Order Nos. R9-2015-0001 and R9-2015-0100, issued and enforced by the San Diego Regional Water Quality Control Board (SDRWQCB) (“MS4 permit”); and WHEREAS, the MS4 permit requires the City to comply with the Total Maximum Daily Loads (TMDLs) for Clean Water Act Section 303(d) listed waterbodies, including Poche Beach, which is listed for bacteria among other pollutants; and WHEREAS, compliance with final dry-weather Receiving Water Limitations (RWLs) for bacteria at Poche Beach was required by April 4, 2021 under the MS4 permit; and WHEREAS, the City entered into a Time Schedule Order (TSO) in early 2024 to provide an extension of time by which to meet the Poche Beach dry-weather RWLs, and must plan to significantly reduce discharges containing both anthropogenic and natural sources of bacteria to Poche Beach by the TSO deadline of September 30, 2028; and
WHEREAS, the City and County have worked in recent years to cooperatively to come up with a concept for the diversion and potential water supply project to replace the existing but no longer sufficiently effective Poche Clean Beach Project; and WHEREAS, the diversion and water supply project, now titled the Poche Beach Water Reclamation Project, has also secured nearly $3.5 million in grant funding that requires construction or ample progress towards construction to occur by the end of 2025; and WHEREAS, the City’s Clean Ocean/Stormwater Permit Compliance Fund – Other Contractual Services has additional funding in the FY 2024-25 budget that was not ultimately needed for other contracts, and can be transferred to the Clean Ocean Improvements fund to support the initial planning and design of the project; and WHEREAS, the City requires a professional engineering firm to provide a final design for the first (diversion) phase of the project in order to bid out and construct the diversion in time to operate before the TSO deadline in 2028, and the City conducted a Request for Proposals (RFP) process, including interviews, to identify such a firm; and WHEREAS, BFK Engineers was responsive, its price is fair and reasonable, and ranked highest during the RFP selection process that culminated in February 2025.
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 fully herein as findings.
Section 2. That a Professional Consultant Services Agreement is hereby awarded to BKF Engineers for the design of a dry-weather urban runoff diversion as part of the Poche Beach Water Reclamation Project.
Section 3. That the City Manager is hereby authorized and directed to execute an agreement with BKF Engineers for the Poche Beach Water Reclamation Project Diversion Design Project in an amount not to exceed $279,440 and in substantially the same form as presented to the City Council on April 15, 2025.
Section 4. That an appropriation of $250,000 from an OCTA Environmental Cleanup Program Grant to Account No. 057-543-45300-000-16006 is hereby authorized.
Section 5. That a transfer of $57,000 from Account No. 057-541-43890 (Clean Ocean Program Stormwater Compliance – Other Contractual Services) to Account No. 057-543-45300-000-16006 is hereby approved.
Section 6. That staff is hereby authorized and directed to take such 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 ____________________, _______.
ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-44 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
Resolution No. 25-44 Page 3
Attachment 1