San Clemente City Council
June 3, 2025

910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor Knoblock
Mayor Pro Tem Enmeier
Councilmember Cabral
Councilmember Loeffler
Councilmember Wu
4:30 p.m. - Closed Session
5:30 p.m. - Business Meeting

CITY OF SAN CLEMENTE
Tuesday, June 3, 2025
City Council
Regular Meeting Agenda
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.

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

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

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

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

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

1 City Council Regular Meeting Agenda June 3, 2025

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 $500 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 $500 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 (4:30 P.M.)
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 1
Case Name: City of San Clemente v. Alfie Shahid, et al., Orange County Superior Court Case No. 30-2024-01381591-CU-MC-CJC
BUSINESS MEETING (5:30 P.M.)

CALL TO ORDER
INVOCATION – Pastor Karl Stuckenberg, St. Andrew's By-the-Sea United Methodist Church

PLEDGE OF ALLEGIANCE

ROLL CALL

1. Special Presentations

2. 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.

3. Council Member Reports

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

2 City Council Regular Meeting Agenda June 3, 2025

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

6. Closed Session Report - City Attorney

7. Staff Communications

8. Public Hearings
The Public Hearing process includes a staff presentation, a presentation by the applicant not to exceed ten (10) minutes, and public testimony (not to exceed three minutes per speaker). Following closure of the Public Hearing, the City Council will respond to questions raised during the hearing, discuss the issues, and act upon the matter by motion.
8A. CONTINUED PUBLIC HEARING REGARDING THE INTRODUCTION (FIRST READING) OF AN ORDINANCE AMENDING EXHIBIT “A” OF CHAPTER 8.22

OF THE SAN CLEMENTE MUNICIPAL CODE, RELATING TO THE VERY

HIGH, HIGH, AND MODERATE FIRE HAZARD SEVERITY ZONES
Continued public hearing regarding the California Office of the State Fire Marshal (OSFM) issued 2025 Recommended Local Responsibility Area (LRA) Fire Hazard Severity Zone (FHSZ) maps for the City of San Clemente. This release is part of a statewide effort to enhance public safety and better inform communities of wildfire risk based on the latest science, topography, vegetation, and fire history.

Staff Recommendation
Introduce and conduct the first reading of Ordinance 1791 entitled AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING EXHIBIT “A” OF CHAPTER 8.22 OF THE SAN

CLEMENTE MUNICIPAL CODE TO INCLUDE UPDATES TO THE MAP

CLASSIFICATION OF MODERATE, HIGH AND VERY HIGH FIRE HAZARD SEVERITY ZONES WITHIN THE CITY OF SAN CLEMENTE.

3 City Council Regular Meeting Agenda June 3, 2025
8B. STATUS REPORT ON CITY OF SAN CLEMENTE POSITION VACANCIES

AND RECRUITMENT AND RETENTION EFFORTS IN COMPLIANCE WITH ASSEMBLY BILL 2561/GOVERNMENT CODE SECTION 3502.3
Public Hearing as required by Government Code § 3502.3 to provide a status of vacancies and recruitment and retention efforts to the City Council. Additionally, the City must identify any changes to policies, procedures or recruitment activities that impact the City’s efforts to reduce its vacancies.

Staff Recommendation

1. Open the Public Hearing for the status report on City of San Clemente position vacancies and recruitment and retention efforts in compliance with Assembly Bill 2561/Government Code Section 3502.3

2. Close the public hearing and receive and file the Administrative Report, dated June 6, 2025 and on file with the City Clerk, as an information item.

9. Unfinished Business
9A. CONTINUED DISCUSSION REGARDING THE POSSIBLE CREATION OF A

LOCAL OLYMPIC COMMITTEE OR AD HOC SUB-COMMITTEE TO

ADDRESS THE OPPORTUNITIES AND CONCERNS ASSOCIATED WITH
HOSTING A PORTION OF THE LOS ANGELES OLYMPIC GAMES 2028 (Continued from the May 20, 2025 City Council Meeting.) Staff Recommendation
Following input from multiple members of the City Council, staff would recommend that no additional subcommittee or ad hoc committee be created at this time, but be prepared to bring this item back to the City Council quickly if the need arises.

10. New Business
10A. FISCAL YEAR 2025-26 BUDGET ADJUSTMENTS AND ADOPTION OF A

RESOLUTION ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2025-26
Staff Recommendation

1. Adopt Resolution No. 25-71 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING

AND APPROVING THE ADJUSTMENTS TO THE CITY OF SAN
CLEMENTE MUNICIPAL BUDGET FOR FISCAL YEAR 2025-26.

2. Adopt Resolution No. 25-72 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

4 City Council Regular Meeting Agenda June 3, 2025

ESTABLISHING AN APPROPRIATIONS LIMIT PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION.
10B. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING

REVISED SALARY SCHEDULE FOR YEAR TWO OF THE APPROVED
FISCAL YEARS 2024-25 AND 2025-26 BUDGET
Staff Recommendation

1. Make an oral report summarizing the proposed final actions on the salaries, salary schedule and compensation paid in the form of fringe benefits to local agency executives, specifically that, if adopted, Resolution No. 25-73 would approve a salary increase of 3% for all benefited full time City employees, including the executive management positions, as well as approving a revised salary schedule effective July 7, 2025.

2. After making the oral report, adopt Resolution No. 25-73, approving a classification change and revised salary schedule effective July 7, 2025. 10C. CONSIDERATION OF EXTENDING THE GOAT GRAZING NOXIOUS WEED AND FIRE FUEL REDUCTION PILOT PROGRAM UNTIL DECEMBER 31, 2025
Staff Recommendation
Extension and expansion of the pilot project. To date, the current pilot project has been successful and supported by residents. An additional six months to study the issue and become more familiar with the limitations of the grazing program can ensure the activity is adequately addressed in the preparation of the community fire preparation program.
10D. CONSIDERATION OF A RESOLUTION AWARDING AN EMERGENCY

CONSTRUCTION CONTRACT TO ALLIANCE DIVERSIFIED ENTERPRISES INC. FOR THE INSTALLATION OF CAISSONS AND TIEBACKS FOR THE MARQUITA SLOPE INTERIM RECONSTRUCT, CIP PROJECT NO. 21208, IN AN AMOUNT NOT TO EXCEED $2,292,421, APPROVING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $605,996, AUTHORIZING THE CITY

MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT, AND FINDING

THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 25-74, which will:

1. Make a finding that an emergency exists due to the potential failure of an existing sewer pump station and that the situation requires immediate action to prevent or mitigate impairment to property and public services,

5 City Council Regular Meeting Agenda June 3, 2025
that might otherwise occur if required to incur delays attributed to the typical engineering design and public competitive bidding process. The City Manager has the authority to approve emergency contracts and purchases when there is a need to protect public health and safety per Section 3.40.070 of the City of San Clemente Municipal Code.

2. Declare that the public interest and necessity demand the immediate expenditure of public funds to safeguard public health.

3. Find the Marquita Slope Interim Reconstruct, CIP Project 21208, categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 Section 15301(b) of the State CEQA Guidelines.

4. Approve a supplemental appropriation in the amount of $605,996 to the project Account No. 054-476-43470-000-21208 from the Sewer Fund Depreciation Reserve.

5. Authorize the City Manager to execute, Contract No. C25-16, an emergency contract, by and between the City of San Clemente and Alliance Diversified Enterprises, Inc., providing for the Marquita Slope Interim Reconstruct, in an amount not to exceed $2,292,421.

6. Authorize the City Manager or designee to approve total project overages not to exceed 10 percent of the construction costs.
10E. FY 2025-26 CONTRACT BETWEEN THE CITY OF SAN CLEMENTE AND THE

COUNTY OF ORANGE FOR POLICE SERVICES
Staff Recommendation
Adopt Resolution No. 25-75 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE CITY

MANAGER TO EXECUTE A CONTRACT WITH THE COUNTY OF ORANGE FOR POLICE SERVICES FOR FY 2025-26.

6 City Council Regular Meeting Agenda June 3, 2025

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 MAY 20, 2025.

B. Commission/Committee Minutes
Staff Recommendation:

Receive and file the following:
(1) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF
APRIL 22, 2025.

C. Warrant Register
(1) APPROVE WIRE TRANSFER NOS.
3242 THROUGH 3247 AND WARRANT NOS.
604687 THROUGH 604831, PAID ON
5-16-25, IN THE AMOUNT OF $1,664,625.69
(2) APPROVE WARRANT NOS.
604832 THROUGH 604959, PAID ON
5-23-25, IN THE AMOUNT OF $946,837.57
TOTAL WARRANT REGISTER $2,611,463.26
Payroll Register
APPROVE WARRANT NO. 978 AND
AUTOMATIC DEPOSIT ADVISES 102973
THROUGH 103329, FOR THE PERIOD
4-28-25 THROUGH 5-11-25, PAID
ON 5-16-25, IN THE AMOUNT OF $534,311.81
TOTAL PAYROLL REGISTER $534,311.81

7 City Council Regular Meeting Agenda June 3, 2025
11D. ADOPT ORDINANCE NO. 1790 (SECOND READING) - IMPOSING TERM

LIMITS ON CITY COMMISSIONS AND COMMITTEES, WITH THE

EXCEPTION OF THE PLANNING COMMISSION
Staff Recommendation
Adopt Ordinance No. 1790 entitled AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADDING SECTIONS

2.28.080, 2.36.080, 2.43.080, 2.45.080 AND 2.46.080 TO THE MUNICIPAL

CODE OF THE CITY OF SAN CLEMENTE TO ADD TERM LIMITS, RELATING

TO THE BEACHES, PARKS AND RECREATION COMMISSION, GOLF

COURSE COMMITTEE, INVESTMENT ADVISORY COMMITTEE, ARTS AND

CULTURE COMMITTEE, AND COMMUNITY SAFETY AND WELFARE
COMMITTEE, RESPECTIVELY.
11E. ADOPT ORDINANCE NO. 1792 (SECOND READING) - DELETING SECTION

15.08.020(H)8 AND ADDING CHAPTER 15.19 - ELECTRIC VEHICLE CHARGING STATIONS TO TITLE 15 - BUILDINGS AND CONSTRUCTION OF

THE SAN CLEMENTE MUNICIPAL CODE, TO PROVIDE AN EXPEDITED,

STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE

CHARGING SYSTEMS AND FINDING THE ORDINANCE EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Ordinance No. 1792 entitled AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, DELETING SECTION

15.08.020(H)(8) AND ADDING CHAPTER 15.19 TO TITLE 15 OF THE SAN

CLEMENTE MUNICIPAL CODE TO SET FORTH AN EXPEDITED,

STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE
CHARGING SYSTEMS.
11F. RESOLUTION SETTING COMPENSATION FOR ALL CITY COMMISSIONS AND COMMITTEES AND REPEALING RESOLUTION NOS. 99-56, 23-75 AND 23-88
Staff Recommendation
Adopt Resolution No. 25-76 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, RELATING TO

COMPENSATION PAID TO MEMBERS OF THE ARTS AND CULTURE

COMMITTEE, BEACHES, PARKS AND RECREATION COMMISSION,

COMMUNITY SAFETY AND WELFARE COMMITTEE, DESIGN REVIEW

SUBCOMMITTEE, GOLF COURSE COMMITTEE, INVESTMENT ADVISORY

COMMITTEE AND PLANNING COMMISSION AND REPEALING
RESOLUTION NOS. 99-56, 23-75 AND 23-88.

8 City Council Regular Meeting Agenda June 3, 2025
11G. RECORDS DESTRUCTION
Staff Recommendation
Adopt Resolution No. 25-77 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE

DESTRUCTION OF CERTAIN CITY RECORDS AS PROVIDED BY SECTION 34090 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. 11H. NOTICE OF COMPLETION - REPLACEMENT OF PLAYGROUND

SUBSTRATE SURFACING AT SAN GORGONIO PARK
Staff Recommendation
Adopt Resolution No. 25-78, which will:

1. Accept the replacement of the playground surfacing at San Gorgonio Park, PN 11148, from the contractor, Robertson Industries, Inc.

2. Authorize the City Clerk to execute and record the Notice of Completion for the playground surfacing replacement at San Gorgonio Park.

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, Robertson Industries, 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. 11I. CONSIDERATION OF A RESOLUTION REJECTING ALL BIDS FOR THE

CAMINO VERA CRUZ RECYCLED WATER LINE EXTENSION, CIP PROJECT NO. 17407
Staff Recommendation
Adopt Resolution No. 25-79, which will:
..recommendation

1. Reject all bids received on May 5, 2025, for the Camino Vera Cruz Recycled Water Line Extension, CIP Project No. 17407, pursuant to Section 20166 of the Public Contract Code.

2. Authorize staff to re-scope the bid package and re-bid the Camino Vera Cruz Recycled Water Line Extension, CIP Project No. 17407, with a revised project scope.

9 City Council Regular Meeting Agenda June 3, 2025
11J. CONTRACT AWARD - REHABILITATION OF TWO (2) 6” A.C.P. DOMESTIC

WATER LINES AS PART OF EL LEVANTE PRESSURE REDUCING STATION

REHABILITATION, AND FINDING THE PROJECT CATEGORICALLY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No 25-80, which will:

1. Find the Rehabilitation of 6” A.C.P. Domestic Water Lines, CIP Project No. 15409, 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 Rehabilitation of 6” A.C.P. Domestic Water Lines construction contract to ADV Reline, Inc.

3. Approve, and authorize the City Manager to execute, Contract No. C25- 29, by and between the City of San Clemente and ADV Reline, Inc., providing for the Rehabilitation of 6” A.C.P. Domestic Water Lines, in an amount not to exceed $74,596, in a form substantially similar to Contract No. 25-29 (Attachment 1).

4. Authorize the City Manager or designee to approve total project overages not to exceed 10 percent of the construction costs.
11K. OFFSHORE SAND SOURCE INVESTIGATION BUDGET INCREASE,

CONSIDERATION OF ENTERING INTO AN AGREEMENT WITH THE

ORANGE COUNTY TRANSPORTATION AUTHORITY AND SUBSEQUENTLY

AMENDING THE PROFESSIONAL SERVICES AGREEMENT WITH COASTAL

FRONTIERS
Staff Recommendation

1. Adopt Resolution No. 25-81 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING

AN AGREEMENT WITH THE ORANGE COUNTY TRANSPORTATION

AUTHORITY AND SUBSEQUENTLY AMENDING THE PROFESSIONAL

SERVICES AGREEMENT WITH COASTAL FRONTIERS FOR THE
OFFSHORE BORROW SITE INVESTIGATION.

2. Approve, and authorize the City Manager to execute, Contract No. C25-30, by and between the City of San Clemente and the Orange County Transportation Authority, providing for additional funding for the offshore sand source investigation, in the amount of $180,000 in a form substantially similar to Contract No. C25-30(Attachment 1).

10 City Council Regular Meeting Agenda June 3, 2025

3. Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. C24-61, by and between the City of San Clemente and Coastal Frontiers, providing for additional funding for the offshore sand source investigation to allow for additional sand site exploration studies for the Coastal Rail Stabilization Priority Project, the total compensation shall not exceed $976,266.
11L. CONSIDERATION OF A RESOLUTION TO DESIGNATE FISCAL YEAR (FY) 2025-2026 STREET REHABILITATION PROJECTS PURSUANT TO SENATE BILL 1 (SB 1) THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 Staff Recommendation
Adopt Resolution No. 25-82 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2025-2026 FUNDED BY SENATE BILL 1 (SB 1): THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 AND FINDING THE

PROJECTS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR SECTION 15301), AND CLASS 2 (REPLACEMENT OR RECONSTRUCTION, 14 CCR SECTION 15302) OF THE STATE CEQA GUIDELINES.
11M. CONSIDERATION OF A RESOLUTION FOR RENEWED MEASURE M2 ANNUAL FUNDING ELIGIBILITY - FISCAL YEAR 2025-2026
Staff Recommendation

1. Approve and adopt the 2025 Measure M2 Seven-Year Capital Improvement Program for Fiscal Years 2025-2026 through 2031-2032.

2. Adopt Resolution No. 25-83 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE CONCERNING THE

STATUS AND UPDATE OF THE CIRCULATION ELEMENT, AND
MITIGATION FEE PROGRAM FOR THE MEASURE M (M2) PROGRAM.

3. Adopt Resolution No. 25-84 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE CONCERNING THE

STATUS AND UPDATE OF THE PAVEMENT MANAGEMENT PLAN FOR
THE MEASURE M (M2) PROGRAM.

4. Authorize and direct the Public Works Director/City Engineer to submit Measure M2 funding eligibility requirements on behalf of the City of San Clemente to the Orange County Transportation Authority and take all actions necessary and proper to obtain Measure M2 funding for Fiscal Year 2025-2026.

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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. City Attorney
B. City Manager

15. Adjournment
Adjourn to an Adjourned Regular City Council Meeting to be held on June 17, 2025 at 1:00 p.m. for the purpose of conducting Commission and Committee interviews.

Closed Session will begin at 4:30 p.m. and the Regular Business Meeting will begin at 5:30 p.m. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

12 City Council Regular Meeting Agenda June 3, 2025

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.

13 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: June 3, 2025 Agenda Item: 8A.

Submitted By: Building Division
Prepared By: Robert Ferguson, Building Official
Subject:
..titl e

CONTINUED PUBLIC HEARING REGARDING THE INTRODUCTION (FIRST READING) OF AN ORDINANCE AMENDING EXHIBIT “A” OF CHAPTER 8.22 OF THE SAN CLEMENTE

MUNICIPAL CODE, RELATING TO THE VERY HIGH, HIGH, AND MODERATE FIRE HAZARD SEVERITY ZONES ..body
Fiscal Impact:

The additional areas of the City that will be included in the Very High Fire Hazard Severity Zone are anticipated to result in increased construction costs of new construction of, and additions to, City facilities as well as increased costs for expanded areas of Orange County Fire Authority (OCFA) - determined defensible space regulations as they apply to City-owned parcels. These costs cannot be calculated at this time; staff anticipates presenting an item to the City Council in the near future to address the additional costs of complying with the defensible space requirements on City-owned parcels.

Summary:

This item is a continued public hearing from the May 20, 2025 City Council Meeting. At that meeting, the City Council directed staff to develop language for the Ordinance that would put the maps in context for the public to better understand their implications and to make clear that insurance companies create their own risk analysis maps for fire insurance purposes, and to set the effective date for the ordinance as July 24, 2025. The updated draft ordinance provided as Attachment 1 includes this additional language to be incorporated where the new fire map will be published on the City’s website for public inspection. Attachment 4 provides a mock-up of how this information will be displayed on the City’s website where the fire map will be located. The additional language requested by the City Council consists of the following:
• “The CAL FIRE hazard maps are not used for insurance rates or underwriting decisions. Click [staff will provide, and maintain, an appropriate link to a page on the California Department of Insurance’s website related to fire maps] to learn more. • Insurance companies use their own computerized wildfire catastrophe models to determine which homes to write based on the risk of loss.
• CAL FIRE’s hazard maps are required by law and their purpose is to drive local planning decisions, not insurance decisions.
• CA Government Code section 51178 requires the State Fire Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent 14 Meeting Date: June 3, 2025 Agenda Item: 8A.

CITY OF SAN CLEMENTE 2
statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas.
• Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.” California Government Code section 51178 requires the State Fire Marshal to identify areas in the state as moderate, high and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high and very high fire hazard severity zones are based on fuel loading, slope, fire weather, and other relevant factors, including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.

CAL FIRE’s hazard maps are required by law and their purpose is to drive local planning decisions, not insurance decisions. The CAL FIRE hazard maps are not used for insurance rates or underwriting decisions. Instead, insurance companies use their own computerized wildfire risk models to determine which homes to write based on the risk of loss.

Local agencies are required to designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving such recommendations from the State Fire Marshal. Local agencies are not permitted to decrease the level of fire hazard severity zones as identified by the State Fire Marshal for any area within the jurisdiction of the local agency and may only increase the level of fire hazard severity zones as identified by the State Fire Marshal for any area within the jurisdiction of the local agency. For the City Council’s consideration is an ordinance (Attachment 1) to adopt the updated Fire Hazard Severity Zone Maps as determined by the State Fire Marshall.

Background:

Fire hazard severity zone maps arose from major destructive fires, prompting the recognition of these areas and strategies to reduce wildfire risks, including land use planning, enforcing building codes, and developing wildfire risk mitigation strategies. Homeowners in the Very High Fire Hazard Severity Zone must comply with stringent defensible space and home hardening requirements, and are required to disclose if they are located in a very high severity zone during real estate transactions. Additionally, homes in a high and very high fire hazard severity zones must comply with building codes that mandate fire-resistant roofs and rain gutters, outer walls capable of withstanding heat and flames for up to an hour, double-pane windows with tempered, shatter-proof glass and ember-resistant attic and garage vents.

Legislative response led to mandated mapping across California under California Public Resources Code sections 4201-4204, California Code of Regulations Title 14, Section 1280 and California Government Code 51175-89, encompassing all Local Responsibility Areas (LRA). In 2011, the first map was released identifying the very high fire hazard severity zones in the Local responsibility areas. New legislation now requires the maps to include moderate, high and very high hazard severity zones to be mapped by CAL FIRE and adopted by ordinance in local jurisdictions.
15 Meeting Date: June 3, 2025 Agenda Item: 8A.

CITY OF SAN CLEMENTE 3
Governor Newsom issued executive order N-18-25 on February 6, 2025 ordering the State Fire Marshal to provide the updated Local Responsibility Area maps no later than February 10, 2025.

The fire hazard severity zone maps were provided to local jurisdictions in a phased approach; the City received the official transmittal of the new maps on March 24, 2025. For comparison, Attachment 2 provides a copy of the City’s current High Fire Hazard Severity Zone Map.

Within 30 days of receiving a transmittal from the State Fire Marshal that identifies fire hazard severity zones pursuant to Government Code section 51178, local agencies are required to make the information available for public review and comment. The updated map was posted on the City’s website, and notifications were sent to the community through social media posts and a press release regarding its availability. Notice of the 30-day public review period, which ended on May 8, 2025, was also published in the San Clemente Times. Public comments received during the public comment period are included as Attachment 3.

Local agencies are required to designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving such recommendations from the State Fire Marshal. For San Clemente, these maps must be adopted by July 24, 2025. Local agencies are not permitted to decrease the level of fire hazard severity zones as identified by the State Fire Marshal for any area within the jurisdiction of the local agency and may only increase the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency.

If a local agency amends the hazard severity zone maps to increase the areas designated by the State Fire Marshall, the local agency is required to post a notice at the office of the county recorder, county assessor, and county planning agency identifying the location of the map provided by the State Fire Marshal, pursuant to Government Code section 51178. Pursuant to subdivision (b) or (c) of Section 51179, the notice shall identify the location of the amended map if the local agency amends the map. The proposed map does not include any amendments.

Council Options:
 Introduce and conduct the first reading of Ordinance No. 1791 to amend Exhibit “A” as identified by the State Fire Marshall.
 Modify, and then introduce and conduct the first reading of Ordinance No. 1791 to amend Exhibit “A” to increase the fire hazard severity zones as identified by the State Fire Marshall.  Continue the item and direct staff to provide additional information. The updated fire hazard severity zone maps must be adopted by the City, including a first and second reading of an ordinance, no later than July 24, 2025.

Environmental Review/Analysis:

Pursuant to Section 15378(b)(5) of the California Environmental Quality Act (CEQA) Guidelines (14 CCR Section 15378 (b)(5)), neither the proposed Ordinance nor any of the other actions contemplated in this report constitute a “project” under CEQA because they are organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
16 Meeting Date: June 3, 2025 Agenda Item: 8A.

CITY OF SAN CLEMENTE 4
Recommended Actions:

Staff Recommendation
Staff recommends that the City Council Introduce Ordinance 1791 entitled AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING EXHIBIT “A” OF CHAPTER 8.22 OF THE SAN CLEMENTE MUNICIPAL CODE TO INCLUDE UPDATES

TO THE MAP CLASSIFICATION OF MODERATE, HIGH AND VERY HIGH FIRE HAZARD SEVERITY ZONES WITHIN THE CITY OF SAN CLEMENTE.
..recommendation
..end
Attachment:

1. Ordinance No. 1791
Exhibit A - Updated Fire Hazard Severity Zone Map for San Clemente

2. Existing (Previous) Very Hire Fire Hazard Severity Zone Map

3. Public Comments Received During Public Comment Period

4. Draft of the City’s FHSZ Map Website Update
Notification:

Congressman Mike Levin (via email)
Senator Tony Strickland (via email)
Assembly Woman Laurie Davies (via email)
Orange County Fire Authority Division Chief Cheyne Maule (via email) 17 Attachment 1
ORDINANCE NO. 1791

AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF SAN CLEMENTE, CALIFORNIA,
AMENDING EXHIBIT “A” OF CHAPTER 8.22 OF

THE SAN CLEMENTE MUNICIPAL CODE TO

INCLUDE UPDATES TO THE MAP

CLASSIFICATION OF MODERATE, HIGH AND

VERY HIGH FIRE HAZARD SEVERITY ZONES

WITHIN THE CITY OF SAN CLEMENTE
WHEREAS, state legislative response to fires led to mandated mapping across California, including under the California Government Code sections 51175-51189, encompassing all Local Responsibility Areas (LRA); and
WHEREAS, the Fire Hazard Severity Zone maps arose from major destructive fires, prompting the recognition of these areas and strategies to reduce wildfire risks; and WHEREAS, California Government Code section 51178 mandates the State Fire Marshal to classify lands within Local Responsibility Areas into Fire Hazard Severity Zones (FHSZ); and
WHEREAS, California Government Code section 51178 requires the State Fire Marshal to identify areas in the State as moderate, high ,and very high fire hazard severity zones based on statewide criteria and severity of fire hazard that is expected to prevail in those areas; and
WHEREAS, moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread; and
WHEREAS, CAL FIRE’s hazard maps are required by law and their purpose is to drive local planning decisions, not insurance decisions. The CAL FIRE maps are not used for insurance rates or underwriting decisions. Instead, insurance companies use their own computerized wildfire risk models to determine which homes to write based on the risk of loss; and
WHEREAS, under California Government Code section 51179(a), local agencies must designate by ordinance the moderate, high, and very high fire hazard severity zones within 120 days of receiving recommendations from the State Fire Marshal, pursuant to California Government Code section 51178; and
WHEREAS, local governments like the City of San Clemente are not permitted to adopt a map to lower the FHSZ ratings designated by the Office of the State Fire Marshal (OSFM) and can only adopt a map as presented or modify it to raise the rating to a higher threat level; and
18 Ordinance No. 1791 Page 2
WHEREAS, pursuant to California Government Code 51178.5, the City of San Clemente made the updated information available for public review and comment within 30 days.

THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE DOES ORDAIN AS FOLLOWS:

SECTION 1. Chapter 8.22 of the City of San Clemente Municipal Code is hereby amended to read as follows:

Chapter 8.22 – Very High Fire Hazard Severity Zones

8.22.010 - Designation of very high fire hazard severity zones.

The City of San Clemente designates those amended areas identified on the City’s Fire Hazard Severity Zones (FHSZ) map attached as Exhibit “A” to Ordinance No. 1791 adopted by the City Council of the City of San Clemente on the 17th day of June 2025, and made effective on July 24, 2025, as Moderate, High and Very High Fire Hazard Severity Zones in accordance with Section 51179(a) of the California Government Code.

SECTION 2. City Council directs staff to include the following language on the City’s website above the map where it is published for public inspection.  The CAL FIRE hazard maps are not used for insurance rates or underwriting decisions. Click [PROVIDE LINK TO APPROPRIATE PAGE OF CALIFORNIA DEPARTMENT OF INSURANCE WEBSITE RELATED TO FHSZ MAPS] to learn more.
 Insurance companies use their own computerized wildfire catastrophe models to determine which homes to write based on the risk of loss.
 CAL FIRE’s hazard maps are required by law and their purpose is to drive local planning decisions, not insurance decisions.
 CA Government Code section 51178 requires the State Fire Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas.
 Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.

SECTION 3. The previous Exhibit “A” Very High FHSZ map attached to Ordinance No. 1547 adopted by the City Council of the City of San Clemente on January 3, 2012 is hereby deleted and of no further force or effect.

SECTION 4. All ordinances and resolutions that are inconsistent with this Ordinance are repealed to the extent of such inconsistency.

SECTION 5. If any section, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases thereof be declared invalid 19 Ordinance No. 1791 Page 3
or unconstitutional.

SECTION 6. The Mayor shall sign this ordinance and the City Clerk shall attest and certify to the passage and adoption of it, and within fifteen (15) days, publish in the San Clemente Times, a weekly newspaper of general circulation, printed, published, and circulated in the City of San Clemente, and it shall take effect and be in force on July 24, 2025.

PASSED, APPROVED, AND ADOPTED this _______day of June, 2025.

ATTEST:
______________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 20 Ordinance No. 1791 Page 4

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. 1791 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
21 Ordinance No. 1791 Page 5
Exhibit A
22 Attachment 2
23 Attachment 3
24 From: Vonne Barnes
Sent: Monday, March 31, 2025 3:47 PM
To: Babbitt Nathan <[email protected]>; Knoblock Steve < >; Hall, Andy <HallA@sanclemente.org> Cc: Campbell Kari <[email protected]>; Sharp Sheryl <[email protected]>; Enmeier Mark < >; Cabral, Victor <[email protected]>; Rebensdorf, David <RebensdorfD@sanclemente.org>; Loeffler, Rick <[email protected]>; Atamian, Adam <[email protected]>; Ferguson, Robert <[email protected]>
Subject: RSC• Flawed• Cal Fire Proposed "Very severe Fire Zone Hazard Zone Map" RSC• Flawed• Proposed 'Very severe Fire Zone Hazard Zone Map" Honorable Mayor, OCFA Nathan Babbitt, City Manager, City Council members, Please contact Cal Fire & Department of Forestry to review/ & resubmit the proposed Fire Hazard Severity Zones (FHSZ) zones and boundaries.

Many of our residents may lose insurance coverage due to inaccuracies in the proposed FHSZ map which fails to take into account RSCCA's history of extensive fire-prevention measures. Please request a redrawing of the map such that the lower loop along Vista Montana is more appropriately assigned as a "moderate" (yellow) FHSZ.

There is no comparison between RSCCA's highly maintained 100 foot defensible zones and many poorly maintained, non-regulated areas where recent and past wildfires have occurred.

On the new map, "Very Severe High Fire Hazardous Zones" include areas where recent wildfires have occurred. Such fires appear to have a long-standing history lacking maintenance of 100 feet defensible fire zones in non- irrigated areas, some with nearby forests of non- maintained trees.

RSCCA has provided wildfire mitigations costing$ millions for decades including but not limited to the list below, and there have been no wildfires on the west side of lower Vista Montana which Cal Fire has currently diagramed as a (Very Severe Fire Hazard Zone Area).

OCFA's Nathan Babbitt may verify that RSCCA homes have:
• fire prevention sprinklers in their homes;
1 25
26 27
From:

To: Ferguson, Robert
Subject: San clemente fire map
Date: Thursday, April 03, 2025 6:54:07 AM
[You don't often get email from Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ]
Sharing feedback:

The new map being provided I feel is too excessive… basically everyone is going to either lose their insurance or have to spend insane amounts through Calfire.

This would not be needed if the City and State invested in fire mitigation. There should be fire breaks, brush clearing, prescribed burns and tax credits provided to homeowners who invest in fire protection upgrades. …..

Sent from my iPhone
28 From:

To: Ferguson, Robert
Cc:

Date: Thursday, April 17, 2025 11:57:38 AM
[You don't often get email from Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ]
Mr. Ferguson
Wanted to comment on the Cal Fire Hazard Severity Zone map dated 3-24-2025.

Per this map my home is in the new defined zone. Can you provide guidance on how best to deal with the Talega HOA and their refusal to remove the vegetation and overgrown trees that have become a major problem in the area around my home and many others.

We purchased our house in May of 2012, and I have been told by the different managers who are responsible for the common area maintenance, that they would cut back the slope vegetation every 5 years, because of the dead wood beneath the visual green of the plants, which can be a fire hazard. Well here we are almost 13 years later and still all I get is more promises and no action .

The HOA is absolutely derelict in not removing the overgrown trees and slope vegetations that is creating the Fire Hazard Severity Zone in my neighborhood, as well as others. There isn’t one homeowner in Talega that would choose overgrown trees and slope vegetation over the safety of their home. With the updated Cal Fire Severity Zone , which includes much more of the Talega development , most of the homeowners will be facing home insurance cancellation this year.

Would like to know what the City of San Clemente is going to do to enforce fire safety in the Talega HOA? Everyone got a clear picture from the Palisades Fire as to what overgrown trees and vegetation can do to a whole community.

Look forward to hearing from you.
29 Attachment 4
 The CAL FIRE hazard maps are not used for insurance rates or underwriting decisions. Click here to learn more.
 Insurance companies use their own computerized wildfire catastrophe models to determine which homes to write based on the risk of loss.
 CAL FIRE’s hazard maps are required by law and their purpose is to drive local planning decisions, not insurance decisions.
 CA Government Code section 51178 requires the State Fire Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas.  Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.

Very high fire hazard severity zones were originally established in 1996 (AB 337 – Bates Bill) and adopted by ordinance into the San Clemente Municipal Code, Chapter 8.22 – VERY HIGH FIRE HAZARD SEVERITY ZONES.

Local jurisdictions are required to designate the updated very high fire hazard zones within 120 days after receiving recommendations from CAL FIRE.

City of San Clemente Very High Fire Hazard Severity Zone Map (JULY 2025)
CLICK HERE for City of San Clemente VHFHSZ map
30 Additional Wildfire Information is available at:

CAL FIRE
Wildland Hazard/Building Codes
Fire Hazard Zoning and New Building Code FAQs
Fire Hazard Severity Zone Fact Sheet
Wildland-Urban Interface Building Code Fact Sheet

ORANGE COUNTY FIRE AUTHORITY
Are You Prepared For A Wildfire?
31 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: June 3, 2025 Agenda Item: 8B.

Submitted By: Finance and Administrative Services
Prepared By: Brian Brower, Chief Administrative Officer Hanne Thordahl, Human Resources Manager
Subject:
..titl e

STATUS REPORT ON CITY OF SAN CLEMENTE POSITION VACANCIES AND

RECRUITMENT AND RETENTION EFFORTS IN COMPLIANCE WITH ASSEMBLY BILL 2561/GOVERNMENT CODE SECTION 3502.3 ..body
Fiscal Impact:

There is no fiscal impact associated with this status update.

Summary:

On September 22, 2024, Governor Newsom signed Assembly Bill 2561, which added Section 3502.3 to the Government Code, into law. Effective January 1, 2025, Government Code Section 3502.3 requires a public agency to address the status of position vacancies as well as recruitment and retention efforts during a public hearing before the agency’s governing board at least once each fiscal year. As a basis for these new requirements, the legislature determined that vacancies are widespread and can be a significant problem in the public sector, which has the potential to negatively impact the delivery of public services.

Background:

Government Code Section 3502.3 imposes three requirements on public agencies:

1. At least once each fiscal year, a public agency’s governing board must hold a public hearing, prior to the adoption of its budget, and receive an update on the status of position vacancies and the recruitment and retention efforts;

2. During the hearing, the public agency must identify any necessary changes to policies, procedures and recruitment activities that may lead to hiring obstacles; and

3. The public agency must allow the recognized employee organization for a bargaining unit to make a presentation at the public hearing. If position vacancies within a single bargaining unit meet or exceed 20% of the total number of authorized full-time positions, the recognized employee organization may request additional information, such as the number of vacancies within the bargaining unit and the average number of days to complete the hiring process from when a position is posted, be presented during the public hearing.

The City approved a biennial Budget in June 2024 for Fiscal Years 2024-2025 and 2025-26.

Therefore, the status on position vacancies is being presented in the current fiscal year 2024-25 32 Meeting Date: June 3, 2025 Agenda Item: 8B.

CITY OF SAN CLEMENTE 2
with information for the most recent quarter ending March 31, 2025. The City currently has 201 authorized full-time positions.

The status of vacancies as of March 31, 2025 is as follows:
 20 of the 201 positions were vacant (a 10% vacancy rate).  16 of the 20 vacant positions were within San Clemente City Employees Association (SCCEA), the represented employee organization (an 8% vacancy rate).

The vacancy rate has not reached or exceeded the 20% vacancy threshold that would trigger additional reporting obligations.

As required by the hearing, the City must identify any necessary changes to policies, procedures and recruitment activities that may lead to hiring obstacles. Staff has not identified any necessary changes to policies and procedures that may present obstacles in the hiring process. Human Resources staff and Department hiring Managers continue to work closely together to ensure efficient timelines for recruiting and onboarding new City employees.

Additionally, it has been a priority of the City Council to address recruitment and retention efforts in order to attract and retain qualified employees to support the delivery of public services. These efforts have included completion and implementation of a City-wide classification and compensation study in December 2023, negotiation of salary adjustments in a four-year Memorandum of Understanding (MOU) with the SCCEA for 2024-2028, and expansion of flexibly staffed classifications providing increased promotional opportunities.

The City provided notification to SCCEA consistent with Government Code Section 3502.3 on May 19, 2025. SCCEA was provided the vacancy rate for positions within their bargaining unit which was 8% on March 31, 2025. The Notice of Public Hearing was (and will be) duly published in the San Clemente Times a newspaper of general circulation in the City’s service area on May 22, 2025 and May 29, 2025.

Council Options:
 Receive and file the administrative report dated June 3, 2025 and on file with the City Clerk.  Provide additional direction to staff.

Environmental Review/Analysis:

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

Recommended Actions:

Staff Recommendation ..recommendation
Staff Recommends that the City Council:

1. Open a Public Hearing Status Report on City of San Clemente Position Vacancies and Recruitment and Retention Efforts in Compliance with Assembly Bill 2561/Government Code Section 3502.3
33 Meeting Date: June 3, 2025 Agenda Item: 8B.

CITY OF SAN CLEMENTE 3

2. Close the public hearing and receive and file the staff report as an information item. ..end
Attachments:

1. Notice of Public Hearing

2. Notice of Public Hearing to SCCEA dated May 19, 2025 34 Attachment 1
Published: Thursday, May 22 and May 29, 2025

NOTICE IS HEREBY GIVEN THAT A

PUBLIC HEARING WILL BE HELD BY THE

CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA
RELATIVE TO THE FOLLOWING:

Status Report on City of San Clemente Position Vacancies and Recruitment and Retention Efforts in Compliance with Assembly Bill 2561/Government Code Section 3502.3
Public Hearing as required by Government Code § 3502.3 to provide a status of vacancies and recruitment and retention efforts to the City Council. Additionally, the City must identify any changes to policies, procedures or recruitment activities that impact the City’s efforts to reduce its vacancies. The recognized employee organization’s bargaining unit shall be entitled to make a presentation at the public hearing.

If you challenge this action in court you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of San Clemente at, or prior to, the public hearing.

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

Notice is further given that said public hearing will be conducted by the City Council on Tuesday, June 3, 2025 at 5:30 p.m. at the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente, California. All interested persons are invited to attend said hearing or provide written communication to the City Council to express their opinions and/or present evidence relative to this matter.

For further information related to the matter, please contact Human Resources at [email protected] or 949-361-8203.

Laura Campagnolo
City Clerk and Ex-Officio Clerk of the Council
35 From: Thordahl, Johanne
To: Swartz, Carrie
Cc: Scott, Meredith; Tia Grasso; Brower, Brian; Barber, Melissa Subject: Notice of Public Hearing 6-3-25: AB2561 Status of Vacancies Date: Monday, May 19, 2025 4:03:00 PM
Attachments: image001.png
Carrie,
Assembly Bill 2561 (AB 2561) is a law that mandates public agencies conduct a public hearing each fiscal year to present information on the status of their job vacancies, recruitment, and retention efforts. Consistent with the new law and requirements of Government Code Section 3502.3, the City of San Clemente will be conducting a public hearing at the June 3, 2025 City Council meeting to receive comments on the status report regarding vacancies and recruitment and retentions efforts.

As a recognized employee organization representing a bargaining unit, the San Clemente City Employees Association (SCCEA) may make a presentation at the public hearing.

Per Government Code Section 3502.3 (c), if the number of vacancies with SCCEA bargaining unit meets or exceeds 20% of the total number of authorized fulltime positions, SCCEA has the right to request in writing that the City present any or all of the following information:

1. The total number of job vacancies within the bargaining unit;

2. The total number of applicants for vacant positions within the bargaining unit;

3. The average number of days to complete the hiring process from when a position is posted; and

4. Opportunities to improve compensation and other working conditions.

As of March 31, 2025 only twenty out of 200 authorized full-time positions were vacant, a 10% overall vacancy rate. Sixteen of those positions are within SCCEA which is 8% of the total number of full-time authorized positions. As such, the vacancy rate does not exceed or meet the 20% threshold described above.

If you would like to make a presentation at the public hearing or have any questions, please let me know.

Hanne Thordahl | Human Resources Manager
910 Calle Negocio|San Clemente CA|92673
Office | 949-361-8203
Attachment 2
36 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: June 3, 2025 Agenda Item: 9A.

Submitted By: City Manager
Prepared By: Andy Hall, City Manager
Subject:
..titl e

CONTINUED DISCUSSION REGARDING THE POSSIBLE CREATION OF A LOCAL OLYMPIC

COMMITTEE OR AD HOC SUB-COMMITTEE TO ADDRESS THE OPPORTUNITIES AND

CONCERNS ASSOCIATED WITH HOSTING A PORTION OF THE LOS ANGELES OLYMPIC GAMES 2028 ..body
Fiscal Impact:

There is no direct fiscal impact anticipated from the formation of an ad hoc sub-committee.

However, the City Council may choose to allocate funds to allow the sub-committee to conduct activities related to the assigned tasks. Creation of a committee subject to the Ralph M. Brown act would require dedication of staff resources.

Summary:

At the May 20, 2025, regular meeting of the City Council, a discussion about the potential creation of a subcommittee or series of ad hoc committees was discussed. The City Council continued the item for further discussion. The full staff report from the previous meeting is available from the City Clerk. This report will focus on the issues raised during the discussion, and input provided to staff from individual members of the City Council following the previous meeting.

Background:

The members of the City Council have several existing assignments that already align with the anticipated functions of any subcommittee or ad hoc committee that would be created by the City Council. For instance, there is a Councilmember assigned to represent the City’s interests at meetings of the Chamber of Commerce. Another Councilmember serves to represent the City at the meetings of the Downtown Business Association. Other assignments for public safety, infrastructure, and other municipal functions are already assigned to members of the City Council.

Multiple members of the City Council have contacted staff and indicated that they can best support the Olympic effort by carrying out their current assignments, provided staff keeps them informed about needs and requests, and they do not desire to serve on additional committees.

Any decision of the City Council rendered at the current time can be modified at a future date if circumstances warrant. Therefore, at this point in time, it may be more efficient to postpone or refrain the creation of an additional subcommittee or ad hoc committee until the need arises. At any time, a member of the City Council could choose to seek placement of the item on a City Council agenda to create a subcommittee or ad hoc committee, as needed. In relation to the formation of a public ad hoc committee, the Mayor could choose to form a committee to discuss 37 Meeting Date: June 3, 2025 Agenda Item: 9A.

CITY OF SAN CLEMENTE 2
and provide recommendations to the full body of the City Council if the Mayor deemed it is necessary or advantageous.

It will be important and incumbent on the City Manager to keep each member of the City Council informed about issues related to the Olympics and especially items that impact their City Council assignments. This can be accomplished through the provision of a regular executive memo and reporting out at regular meetings of the City Council.

As stated in the previous staff report, there are many iterations of the committee/sub-committee model, but the option missing from the previous discussion was the “do nothing” option.

Recognizing that members of the City Council already address a majority of the tasks that would be assigned to an Olympic subcommittee or an ad hoc committee, the “do nothing” approach should have been an option provided by staff.

Council Options:
 Receive and File, take no action other than to represent the City’s interest in the Olympic Games in concert with current City Council assignments
 Formation of One City Council Olympic Committee or Ad Hoc Sub-Committee.  Formation of More than One City Council Olympic Ad Hoc Sub-Committee.  Formation of One or More City Council Olympic Committee(s)/Sub-Committees with Resident Participation.

Environmental Review/Analysis:

This is not a project as defined by the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation
..recommendation
Following input from multiple members of the City Council, staff would recommend that no additional subcommittee or ad hoc committee be created at this time, but be prepared to bring this item back to the City Council quickly if the need arises. ..end
Attachment:

None.

Notification:

None.
38 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: June 3, 2025 Agenda Item: 10A.

Submitted By: Finance and Administrative Services
Prepared By: Sheryl Mariano, Finance Manager
Brian Brower, Chief Administrative Officer
Subject:
..titl e
FISCAL YEAR 2025-26 BUDGET ADJUSTMENTS AND ADOPTION OF A RESOLUTION ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2025-26 ..body Fiscal Impact:

The proposed Fiscal Year 2026 Budget Adjustments include a General Fund operating revenue increase of $216,000 and an expenditure increase of $231,400. Total mid-cycle budget adjustment in other funds include an increase of $72,000 for revenues and an increase of $297,000 for expenditures.

Summary:

On June 4, 2024, the City Council adopted its first Biennial Budget, covering Fiscal Years 2024- 25 and 2025-26. With the City now operating on a two-year cycle and nearing completion of the first year, Staff has reviewed the Budget for the upcoming fiscal year. Adjustments to the adopted budget for Fiscal Year 2025-26 are proposed to reflect current and anticipated economic conditions, as well as recently identified priorities.

In conjunction with the budget adjustments, an annual budget-related item is the Fiscal Year 2025-26 Appropriations Limit (Gann Limit). The Gann Limit is a constitutional spending limit that is calculated annually by each City and must be established via a formal resolution of the City’s governing body. This appropriations limit calculates the amount a City can budget from tax revenue proceeds each year. For Fiscal Year 2025-26, the City of San Clemente’s calculated appropriations limit is $121,768,731. The amount the City is budgeting from proceeds of taxes for FY 2025-26 is well below that limit.

Background:

When the Fiscal Year 2025-26 General Fund operating budget was initially approved, projected revenues were $86,067,730 and expenditures were $85,941,750. City staff has carefully analyzed revenue projections and expenditure requests, taking a conservative approach to be fiscally prudent. With updated projections and adjustments, the proposed budget changes now show anticipated revenues of $86,283,730 and expenditures of $86,173,150, leading to a revised net increase of $110,580 to the General Fund Balance. These updates reflect an effort to manage resources responsibly while supporting the City’s ongoing priorities. A detailed list of revenue and expenditure adjustments is included as an attachment (Exhibit 1 to Resolution No. 25-71).
39 Meeting Date: June 3, 2025 Agenda Item: 10A.

CITY OF SAN CLEMENTE 2

GENERAL FUND HIGHLIGHTS
Revenues:
 When the budget for Fiscal Year 2025-26 was adopted, the Ambulance Service Ground Emergency Medical Transportation program just started. With a full year’s worth of data now available, Staff is recommending an increase in Ambulance Service revenue, as the trend illustrates this revenue source will continue to exceed the initial budgeted projection.  Leases and Rental of City Property are also trending higher than what was initially budgeted.

Approval of a five-year lease, which began December of fiscal year 2024-25, for City property has been added to the Fiscal Year 2025-26 budget. Rental income from City property has increased over the past three years. Staff is recommending a modest adjustment to align with this upward trend.
 Franchise Fee revenue continues to decline as many households have shifted away from traditional cable subscriptions in favor of on-demand, internet-based platforms, and cable companies have seen declining subscriber numbers.
 Preliminary Sales and Use Tax revenue projections reflect a downward trend. Reports show that consumers are spending less in the General Consumer Goods category due to uncertainty and price volatility. These factors amongst other macroeconomic indicators are driving this lower estimate in Sales and Use Tax revenue. To maintain a cautious approach, staff is recommending an adjustment.

Expenditures:
 An increase in Contractual Services is proposed for the removal of diseased palms on Camino de los Mares. Removal of these palms is necessary as the disease can spread to other palms and eventually lead to tree failure with potential public safety concerns.  An increase is also proposed for Maintenance of Other Facilities due to the recently updated fire hazard zone maps, which in turn has increased the coverage area for abatement services.

This change has moved several areas into the very high fire severity zone that were not previously included.
 Initially a 3.8% increase was budgeted for the Police Services contract in Fiscal Year 2025-26, however the latest figures reflect a 4% increase over the prior year.  Other expenditure amendments for Contractual Services cover extending the duration for holiday lighting, funding professional services related to the Civica Law contract amendment, and increasing the budget for additional contract staff.

OTHER FUND HIGHLIGHTS
Proposed adjustments to Other Funds reflect prioritization critical infrastructure and community services.
40 Meeting Date: June 3, 2025 Agenda Item: 10A.

CITY OF SAN CLEMENTE 3
 An increase in SB2 expenditures for contractual services with the Friendship shelter will be balanced by equal and offsetting grant revenue from the Permanent Local Housing Allocation Program.
 The removal and replacement of the antiquated fire suppression system in Building K ensures safety, with costs evenly split across the Reserve Fund, Water Fund, and Sewer Fund.  Workers’ compensation premiums, an essential line-item expenditure, are projected to rise in 2026 due to wage growth and medical inflation.

GANN LIMIT:

Article XIIIB of the California Constitution specifies that cities annually establish an appropriations limit by formal resolution of the City’s governing body. Article XIIIB further specifies this limit may increase annually by a factor comprised of the changes in population for the City or the County (whichever is higher), combined with either the change in California per capita personal income or the change in the local assessment roll due to nonresidential construction. The State Department of Finance transmits an estimate of the percentage change in population to local governments annually, per California Revenue and Taxation Code Section 2227. This information is used to establish the Fiscal Year 2025-26 appropriations limit. The calculation of the City of San Clemente’s appropriation limit for Fiscal Year 2025-26 calculation, the annual adjustment factor is based on population change for the City of San Clemente and the change in California per capita income. Using these in the calculation results in an overall increase in the appropriations limit of $3,631,306 for a total of $121,768,731. The budgeted proceeds of taxes total $67,487,099, which represents 55% of the amount the City is entitled to appropriate for Fiscal Year 2025-26.

Council Options:
 Adopt Resolution No. 25-71 approving the proposed budget adjustments and Resolution No. 25-72 establishing an appropriation limit pursuant to Article XIIB of the California Constitution.  Modify and Adopt the Resolutions.
 Provide staff with further direction.

Environmental Review/Analysis:

This is not a project under the California Environmental Quality Act (CEQA).

Recommended Actions:

Staff Recommendation
..recommendation

1. Adopt Resolution No. 25-71 which will approve the proposed Budget Adjustments; and,

2. Adopt a Resolution No. 25-72 which will establish an appropriation limit pursuant to Article XIIB of the California Constitution.
..end
41 Meeting Date: June 3, 2025 Agenda Item: 10A.

CITY OF SAN CLEMENTE 4
Attachment:

1. Resolution No. 25-71 with Exhibit 1 - Proposed Revenue and Expenditures for Fiscal Year 2025-26

2. Resolution No. 25-72 with Exhibit 1 – Appropriations Limit Computation for Fiscal Year 2025- 26 Notification:

None.
42 Attachment 1
RESOLUTION NO. 25-71

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ADOPTING AND

APPROVING THE ADJUSTMENTS TO THE CITY OF SAN
CLEMENTE MUNICIPAL BUDGET FOR FISCAL YEAR 2025-
26 WHEREAS, the City Council has adopted the City of San Clemente’s budget for the Fiscal Years ending June 30, 2025 and June 30, 2026; and WHEREAS, a mid-budget cycle review has been completed by staff to identify any necessary adjustments to the adopted budget; and
WHEREAS, revenue and expenditure adjustments were determined based on current and anticipated economic conditions, as well as recently identified priorities in the upcoming fiscal year; and
WHEREAS, the individual revenue and expenditure adjustments are listed as Exhibit 1 to this Resolution; and
WHEREAS, each of the projects in the proposed budget have been or will be separately evaluated for compliance with the California Environmental Quality Act at a staff or City Council level at the appropriate time.

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

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

SECTION 2. The Revenue and Expenditure Adjustments identified in Exhibit 1 to this resolution are approved and adopted, and the City of San Clemente Municipal Budget for Fiscal Year 2025-26 shall be amended accordingly for all funds as shown in Exhibit 1 hereto which is incorporated fully herein by this reference.

SECTION 3. That City staff is hereby authorized and directed to take such actions as are necessary and appropriate to accomplish the purposes of this resolution.

SECTION 4. 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 ____________________, _______. 43 Resolution No. 25-71 Page 2
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. 25-71 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
44 Fund Program Account Project Account/Project Title Original Budget New Budget Adjustment Notes 001 000 34221 Ambulance Service Charges $ 2,278,800.00 $ 2,800,000.00 $ 521,200.00 Recognize GEMT Program Revenues 001 000 31640 Cable Franchise Fees 890,000.00 790,000.00 (100,000.00) Cable Franchise Fees are trending lower than budgeted 001 000 36253 Negocio Lease 0.00 196,800.00 196,800.00 New lease at Calle Negocio 001 000 36235 Rental of City Property 52,000.00 100,000.00 48,000.00 Revenues trending higher historically. 001 000 31310 General Sales Tax 13,035,000.00 12,585,000.00 (450,000.00) Adjustment based on current receipts and economic projections
$ 216,000.00
027 000 33492 State Planning Grant 293,830.00 365,830.00 72,000.00 Friendship Shelter MOU, grant revenue offset by increase in expenditures
$ 72,000.00
Fund Program Account Project Account/Project Title Original Budget New Budget Adjustment Explanation 001 151 43890 Other Contractural Services $ 25,000.00 $ 30,000.00 $ 5,000.00 Extend time period for holiday lighting on Del Mar. 001 171 43690 HR Admin/Other Prof Services 7,750.00 35,750.00 28,000.00 Recruitment Assistance 001 218 43640 Other Legal Services 102,100.00 144,000.00 41,900.00 Civica Law contract amendment for Municipal Citations approved by Council October 1, 2024
001 218 43625 Law Enforcement Contract
Services
21,720,260.00 21,770,260.00 50,000.00 Increase to reflect service charges 001 633 43426 Camino de Los Mares diseased
palm removal

0.00 50,000.00 50,000.00 Removal of diseased palms (Canary Island) of Camino de Los Mares. Tree failure is imminent, as palms have fusarium, a disease that is spread by air, soil and trimming.
001 421 43560 Clerical Services 30,000.00 45,000.00 15,000.00 Additional contract staff time required for scanning and QC processing for permits and plans as a result of a backlog. 001 452 43470 Maint. Of Other Facilities 135,900.00 175,900.00 40,000.00 Recent changes with the fire maps which have pushed several areas into VHFSZ (Very High Fire Severity Zone), thus
increasing the cost for abatement services.
001 438 43020 Legal Notices 6,000.00 7,500.00 1,500.00 Increased public notices for various projects including hearings for the Planning Commission and Zoning
Administartor.
$ 231,400.00
014 817 45500 Building K fire supression 0.00 60,000.00 60,000.00 Replace the antiquated fire supression system within the motor control room and datacenter at Builidng K. This cost is to remove and replace the old aeresol system.
027 821 43890 Other contractural
services/Friendship Shelter

0.00 72,000.00 72,000.00 Friendship Shelter MOU, offset by grant 052 466 45300 Building K fire supression 0.00 60,000.00 60,000.00 Replace the antiquated fire supression system within the motor control room and datacenter at Builidng K. This cost is to remove and replace the old aeresol system.
054 476 45300 Building K fire supression 0.00 60,000.00 60,000.00 Replace the antiquated fire supression system within the motor control room and datacenter at Builidng K. This cost is to remove and replace the old aeresol system.
067 815 44075 Work Comp Premium 230,000.00 275,000.00 45,000.00 Anticipated increase for FY25/26 Other Funds Expenditure Total $ 297,000.00
Other Funds Revenue Total
General Fund Revenue Total
PROPOSED FY2026 BUDGET ADJUSTMENTS

REVENUES

EXPENDITURES
General Fund Expenditure Total
Exhibit 1
45 Attachment 2
RESOLUTION NO. 25-72

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, ESTABLISHING AN

APPROPRIATIONS LIMIT PURSUANT TO ARTICLE

XIIIB OF THE CALIFORNIA CONSTITUTION
WHEREAS, Article XIIIB of the California Constitution provides that the total annual appropriations subject to limitation of each government entity, including this City, shall not exceed the appropriations limit of such government entity for the prior year adjusted for changes in the local assessment roll for non-residential construction or personal income and population, except as otherwise provided in said Article XIIIB and implementing State Statutes; and
WHEREAS, pursuant to Article XIIIB of the California Constitution, and Section 7900 et seq. of the California Government Code, the City is required to establish its annual appropriations limit; and
WHEREAS, the City of San Clemente has calculated and determined that the appropriations limit be established in the amount of $121,768,731 for the Fiscal Year 2025-26 (the “Appropriations Limit”); and
WHEREAS, required by Government Code section 7910(a), documentation used in the determination of the Appropriations Limit and other necessary determinations were available to the public at least fifteen (15) days prior to the June 3, 2025 council meeting when this Resolution was considered.

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

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

SECTION 2. That the City Council of the City of San Clemente, California finds that the Fiscal Year 2025-26 Appropriations Limit in the amount of $121,768,731 is hereby established for said Fiscal Year 2025-26.

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

SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 46 Resolution No. 25-72 Page 2
PASSED AND ADOPTED this _____ day of ________________, _______.

ATTEST:
___________________________
City Clerk of the City of
San Clemente, California
__________________________
Steve Knoblock, Mayor of the
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. 25-72 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
47 Exhibit I
City of San Clemente
Article XIII B: Appropriations Limit Computation
For The Fiscal Year 2025-26

1. Appropriations limit for FY 2024-25 $ 118,137,425 (1)

2. Annual Adjustment Factor
a. Per capita personal income change 2.90% (2)
b. Population change 0.17% (3)
(1.029 times 1.0017) 1.03073798

3. FY 2025-26 limit times annual adjustment factor 121,768,731

4. Less FY 2024-25 excess user fees or other alterations 0

5. Appropriations Limit for FY 2025-26 121,768,731

6. FY 2025-26 proceeds from taxes 67,487,099

7. Margin $ 54,281,632

Notes:
(1) Established by Resolution 22-25
(2) Source is the State Department of Finance
(3) The higher of the City population change or the total County population change is used for this factor. For FY 2025-26, the County change exceeds the City. The difference in City population of 62,865 at 1/2025 and population of 63,085 at 1/2024 divided by 63,085 = -0.35% and the County change is 0.17%. 48 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: June 3, 2025 Agenda Item: 10B.

Submitted By: Finance and Administrative Services
Prepared By: Brian Brower, Chief Administrative Officer Hanne Thordahl, Human Resources Manager
Subject:
..titl e

CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING REVISED SALARY SCHEDULE FOR YEAR TWO OF THE APPROVED FISCAL YEARS 2024-25 AND 2025-26 BUDGET ..body
Fiscal Impact:

The adoption of the Fiscal Years 2024-25 and 2025-26 Budget established funding levels for all City funds and positions for the period July 1, 2024 through June 30, 2026. Additional funds for budgeted positions are not required in year two of the adopted budget.

Summary:

A resolution is presented to the City Council adopting a revised salary schedule for benefited positions based on the current Memorandum of Understanding (MOU) and staffing changes approved with the Fiscal Years 2024-25 and 2025-26 Budget. The biennial Budget was adopted on June 4, 2024 and a resolution to approve the revised salary schedule effective July 7, 2025 needs to be formally adopted by the City Council.

Background:

A biennial budget for Fiscal Years 2024-25 and 2025-26 was adopted on June 4, 2024 and included minimal staffing changes in both fiscal years. In year two of the budget, one position reclassification was approved for a Senior Business License Specialist. The classification is added to the revised salary schedule and the job description is included as Attachment 2 to this report.

In Fiscal Year 2025-26, the City will be in the second year of a four-year agreement with the San Clemente City Employees Association (SCCEA). The benefited positions salary schedule incorporates a 3.0% increase to base wages per the MOU. The salary increase is also being applied to other employee groups including Executive, Mid-Manager, and Confidential as specified by City Council action taken at their meeting on August 20, 2024, when the 2024-2028 MOU was approved. Adoption of the resolution presented to the City Council will approve the revised salary schedule with an effective date of July 7, 2025.

The Ralph M. Brown Act (specifically Government Code section 54953(c)(3)) requires that before taking final action, an oral report summarizing the recommendations on the compensation to be paid to local agency executives be made during the open meeting. As defined in Government Code section 3511.1(d), the Beaches, Parks & Recreation Director, Chief Administrative Officer, City Manager, Community Development Director, and Public Works Director positions qualify as 49 Meeting Date: June 3, 2025 Agenda Item: 10B.

CITY OF SAN CLEMENTE 2
“local agency executives” whose recommended salaries, salary schedules and compensation paid in the form of fringe benefits must be orally summarized before the City Council takes final action.

Council Options:
 Make an oral report summarizing the proposed changes and adopt Resolution No. 25-73 approving the classification changes and revised salary schedule effective July 7, 2025.  Make an oral report summarizing the proposed changes and modify and adopt Resolution No. 25-73.
 Continue the item with direction given to staff.
 Deny the Resolution.

Environmental Review/Analysis:

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

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council:

1. Make an oral report summarizing the proposed final actions on the salaries, salary schedule and compensation paid in the form of fringe benefits to local agency executives, specifically that, if adopted, Resolution No. 25-73 would approve a salary increase of 3% for all benefited full time City employees, including the executive management positions, as well as approving a revised salary schedule effective July 7, 2025; and

2. After making the oral report, adopt Resolution No. 25-73, approving a classification change and revised salary schedule effective July 7, 2025.
..end
Attachments:

1. Resolution No. 25-73 with Exhibit A

2. Job description: Senior Business License Specialist
Notification:

None.
50 Attachment 1
RESOLUTION NO. 25-73

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ADOPTING REVISED

SALARY SCHEDULE WHICH INCLUDES

IMPLEMENTATION OF EXECUTIVE LEVEL SALARY

INCREASES AND NEW CLASSIFICATIONS AND
AMENDING RESOLUTION NO. 25-42 AND ANY OTHER

RESOLUTIONS IN CONFLICT THEREWITH
WHEREAS, Section 37206 of the Government Code requires the City Council to prescribe the time and method of paying salaries and wages of officers and employees of the City; and
WHEREAS, the City Council is authorized and directed under the provisions of its adopted Personnel Rules and Regulations to prepare the compensation schedules covering all classes of positions in the competitive service; and WHEREAS, the City has compiled the salary schedule to comply with California Public Employers’ Retirement System (CalPERS) requirements for Publicly Available Pay Schedules; and
WHEREAS, the Fiscal Year 2024-25 and 2025-26 Budget adoption process approved the funding for classification changes and the implementation of the change in year two of the biennial budget requires approval of the City Council; and WHEREAS, the 2024-2028 Memorandum of Understanding (MOU) increases the base salaries of all City classifications represented by the San Clemente City Employees Association (SCCEA) by three percent (3%) effective the first full pay period in July 2025; and
WHEREAS, the City Council adopted Resolution No. 24-127 on August 20, 2024 approving the 2024-2028 MOU and approving the same level of salary increases for nonrepresented Executive, Mid-Manager, and Confidential employee groups; and WHEREAS, pursuant to Government Code section 54953(c)(3), an oral report summarizing the recommendations on the compensation to be paid to local agency executives was properly made during the open meeting before the City Council took final action.

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

SECTION 1. The foregoing recitals are true and correct and incorporated herein.

SECTION 2. Resolution No. 25-42 is hereby amended to make the following classification change:
 Reclassify the Business License Specialist (1 FTE) to Senior Business 51 Resolution No. 25-73 Page 2
License Specialist (1 FTE) at range 45 and approve the job description as presented to the City Council on June 3, 2025.

SECTION 3. The amended and restated Benefitted Employees salary schedule effective July 7, 2025 that implements a 3.0% increase and is attached as Exhibit A and incorporated fully herein, is hereby approved.

SECTION 4. The increase of 3.0% to the base salaries of the Executive Group is included in the restated Benefitted Employee salary schedule effective July 7, 2025 as set forth as Exhibit A is hereby approved.

SECTION 5. Any resolutions in conflict with the provisions of this resolution are hereby amended to be consistent with the provisions hereof.

SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution and enter it into 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 52 Resolution No. 25-73 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. 25-73 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
53 City of San Clemente (C) Confidential
Salary Schedule - Benefited Positions (E) Executive

2.5% Between Ranges, 5.0% Between Steps (M) Mid-Management Adopted 06/03/25; Effective 07/07/25 (NC) Non-Confidential Revision Date: 06/03/25
Range Pay Entry Maximum
Number Title Period Step A Step B Step C Step D Step E
20 Golf Course Groundskeeper I Hourly $18.52 $19.45 $20.42 $21.44 $22.51 Monthly $3,210.45 $3,370.97 $3,539.52 $3,716.49 $3,902.32 21 Hourly $18.97 $19.92 $20.92 $21.96 $23.06
Monthly $3,288.75 $3,453.19 $3,625.85 $3,807.14 $3,997.50 22 Hourly $19.45 $20.42 $21.44 $22.51 $23.64
Monthly $3,370.97 $3,539.52 $3,716.49 $3,902.32 $4,097.44 23 Hourly $19.92 $20.92 $21.96 $23.06 $24.22
Monthly $3,453.19 $3,625.85 $3,807.14 $3,997.50 $4,197.37 24 Golf Course Groundskeeper II Hourly $20.42 $21.44 $22.51 $23.64 $24.82 Monthly $3,539.52 $3,716.49 $3,902.32 $4,097.44 $4,302.31 25 Hourly $20.92 $21.96 $23.06 $24.22 $25.43
Monthly $3,625.85 $3,807.14 $3,997.50 $4,197.37 $4,407.24 26 Hourly $21.44 $22.51 $23.64 $24.82 $26.06
Monthly $3,716.49 $3,902.32 $4,097.44 $4,302.31 $4,517.42 27 Hourly $21.96 $23.06 $24.22 $25.43 $26.70
Monthly $3,807.14 $3,997.50 $4,197.37 $4,407.24 $4,627.60 28 Hourly $22.51 $23.64 $24.82 $26.06 $27.37
Monthly $3,902.32 $4,097.44 $4,302.31 $4,517.42 $4,743.29 29 Customer Service Specialist I Hourly $23.06 $24.22 $25.43 $26.70 $28.03 Office Specialist I Monthly $3,997.50 $4,197.37 $4,407.24 $4,627.60 $4,858.98 30 Hourly $23.64 $24.82 $26.06 $27.37 $28.73
Monthly $4,097.44 $4,302.31 $4,517.42 $4,743.29 $4,980.46 31 Hourly $24.22 $25.43 $26.70 $28.03 $29.43
Monthly $4,197.37 $4,407.24 $4,627.60 $4,858.98 $5,101.93 32 Hourly $24.82 $26.06 $27.37 $28.73 $30.17
Monthly $4,302.31 $4,517.42 $4,743.29 $4,980.46 $5,229.48 33 Recreation Specialist Hourly $25.43 $26.70 $28.03 $29.43 $30.91 Senior Park Ranger Monthly $4,407.24 $4,627.60 $4,858.98 $5,101.93 $5,357.03 34 Hourly $26.06 $27.37 $28.73 $30.17 $31.68
Monthly $4,517.42 $4,743.29 $4,980.46 $5,229.48 $5,490.95

EXHIBIT A
54 City of San Clemente (C) Confidential
Salary Schedule - Benefited Positions (E) Executive

2.5% Between Ranges, 5.0% Between Steps (M) Mid-Management Adopted 06/03/25; Effective 07/07/25 (NC) Non-Confidential Revision Date: 06/03/25
Range Pay Entry Maximum
Number Title Period Step A Step B Step C Step D Step E
35 Customer Service Specialist II Hourly $26.70 $28.03 $29.43 $30.91 $32.45 Office Specialist II Monthly $4,627.60 $4,858.98 $5,101.93 $5,357.03 $5,624.88 36 Hourly $27.37 $28.73 $30.17 $31.68 $33.26
Monthly $4,743.29 $4,980.46 $5,229.48 $5,490.95 $5,765.50 37 Accounting Specialist I Hourly $28.03 $29.43 $30.91 $32.45 $34.07 Golf Course Maintenance Worker Monthly $4,858.98 $5,101.93 $5,357.03 $5,624.88 $5,906.12 Maintenance Worker I
Senior Customer Service Specialist
Senior Office Specialist
Utility Billing Specialist I
38 Hourly $28.73 $30.17 $31.68 $33.26 $34.93
Monthly $4,980.46 $5,229.48 $5,490.95 $5,765.50 $6,053.78 39 Hourly $29.43 $30.91 $32.45 $34.07 $35.78
Monthly $5,101.93 $5,357.03 $5,624.88 $5,906.12 $6,201.43 40 Facilities Maintenance Technician Hourly $30.17 $31.68 $33.26 $34.93 $36.67 Maintenance Worker II Monthly $5,229.48 $5,490.95 $5,765.50 $6,053.78 $6,356.47 41 Accounting Specialist II Hourly $30.91 $32.45 $34.07 $35.78 $37.57 Business License Specialist Monthly $5,357.03 $5,624.88 $5,906.12 $6,201.43 $6,511.50 Utility Billing Specialist II
42 Administrative Assistant Hourly $31.68 $33.26 $34.93 $36.67 $38.51 Park Ranger Supervisor Monthly $5,490.95 $5,765.50 $6,053.78 $6,356.47 $6,674.29 43 Electrician I Hourly $32.45 $34.07 $35.78 $37.57 $39.44 Golf Course Maintenance Leadworker Monthly $5,624.88 $5,906.12 $6,201.43 $6,511.50 $6,837.08 Permit Technician
44 Code Compliance Technician Hourly $33.26 $34.93 $36.67 $38.51 $40.43 Monthly $5,765.50 $6,053.78 $6,356.47 $6,674.29 $7,008.00 45 Facilities Maintenance Specialist I Hourly $34.07 $35.78 $37.57 $39.44 $41.42 Golf Course Mechanic Monthly $5,906.12 $6,201.43 $6,511.50 $6,837.08 $7,178.93 Maintenance Leadworker
Planning Technician
Recreation Coordinator
Senior Accounting Specialist
Senior Business License Specialist
Senior Utility Billing Specialist

55 City of San Clemente (C) Confidential
Salary Schedule - Benefited Positions (E) Executive

2.5% Between Ranges, 5.0% Between Steps (M) Mid-Management Adopted 06/03/25; Effective 07/07/25 (NC) Non-Confidential Revision Date: 06/03/25
Range Pay Entry Maximum
Number Title Period Step A Step B Step C Step D Step E
46 Human Resources Specialist (C) Hourly $34.93 $36.67 $38.51 $40.43 $42.45 Maintenance Contract Inspector Monthly $6,053.78 $6,356.47 $6,674.29 $7,008.00 $7,358.40 47 Collection Systems Operator I Hourly $35.78 $37.57 $39.44 $41.42 $43.49 Distribution Operator I Monthly $6,201.43 $6,511.50 $6,837.08 $7,178.93 $7,537.88 Facilities Maintenance Specialist II
Utilities Mechanic I
48 Engineering Technician Hourly $36.67 $38.51 $40.43 $42.45 $44.57 Records Management Coordinator Monthly $6,356.47 $6,674.29 $7,008.00 $7,358.40 $7,726.32 Senior Permit Technician
49 Code Compliance Officer Hourly $37.57 $39.44 $41.42 $43.49 $45.66 Community Development Coordinator Monthly $6,511.50 $6,837.08 $7,178.93 $7,537.88 $7,914.77 Community Outreach Worker
Electrician II
Emergency Management Specialist
Senior Administrative Assistant (C)
50 Assistant Planner Hourly $38.51 $40.43 $42.45 $44.57 $46.80 Collection Systems Operator II Monthly $6,674.29 $7,008.00 $7,358.40 $7,726.32 $8,112.64 Distribution Operator II
Electrical Instrumentation Technician I
Laboratory Technician I
Utilities Mechanic II
Senior Facilities Maintenance Specialist
51 Building Inspector I Hourly $39.44 $41.42 $43.49 $45.66 $47.95 Monthly $6,837.08 $7,178.93 $7,537.88 $7,914.77 $8,310.51 52 Information Technology Analyst I Hourly $40.43 $42.45 $44.57 $46.80 $49.14 Recreation Supervisor Monthly $7,008.00 $7,358.40 $7,726.32 $8,112.64 $8,518.27 Senior Engineering Technician
53 Construction Inspector Hourly $41.42 $43.49 $45.66 $47.95 $50.34 Deputy City Clerk Monthly $7,178.93 $7,537.88 $7,914.77 $8,310.51 $8,726.04 54 Contract Maintenance Coordinator Hourly $42.45 $44.57 $46.80 $49.14 $51.60 Electrical Coordinator Monthly $7,358.40 $7,726.32 $8,112.64 $8,518.27 $8,944.19 Environmental Services Coordinator
Facilities Maintenance Coordinator
Human Resources Analyst I (C)
Lead Operator

56 City of San Clemente (C) Confidential
Salary Schedule - Benefited Positions (E) Executive

2.5% Between Ranges, 5.0% Between Steps (M) Mid-Management Adopted 06/03/25; Effective 07/07/25 (NC) Non-Confidential Revision Date: 06/03/25
Range Pay Entry Maximum
Number Title Period Step A Step B Step C Step D Step E
55 Accountant Hourly $43.49 $45.66 $47.95 $50.34 $52.86 Aquatics Supervisor Monthly $7,537.88 $7,914.77 $8,310.51 $8,726.04 $9,162.34 Associate Planner I
Building Inspector II
Electrical Instrumentation Technician II
Executive Analyst (C)
Laboratory Technician II
Management Analyst I
Public Information Coordinator (C)
Regulatory Compliance Analyst
System Operator
Water Conservation Analyst
56 Revenue Supervisor Hourly $44.57 $46.80 $49.14 $51.60 $54.18 Senior Code Compliance Officer Monthly $7,726.32 $8,112.64 $8,518.27 $8,944.19 $9,391.40 57 Associate Planner II Hourly $45.66 $47.95 $50.34 $52.86 $55.50 GIS Coordinator Monthly $7,914.77 $8,310.51 $8,726.04 $9,162.34 $9,620.45 Information Technology Analyst II
Systems Applications Analyst
58 Marine Safety Officer Hourly $46.80 $49.14 $51.60 $54.18 $56.89 Plans Examiner I Monthly $8,112.64 $8,518.27 $8,944.19 $9,391.40 $9,860.97 59 Environmental Programs Analyst (M) Hourly $47.95 $50.34 $52.86 $55.50 $58.28 Human Resources Analyst II (C) Monthly $8,310.51 $8,726.04 $9,162.34 $9,620.45 $10,101.48 Lead Project Planner
Management Analyst II
60 CMMS Coordinator Hourly $49.14 $51.60 $54.18 $56.89 $59.73 Monthly $8,518.27 $8,944.19 $9,391.40 $9,860.97 $10,354.01 61 Chief Operator Hourly $50.34 $52.86 $55.50 $58.28 $61.19 Chief Operator Water Systems Monthly $8,726.04 $9,162.34 $9,620.45 $10,101.48 $10,606.55 Plant Operator III
Senior Building Inspector
Senior IT Analyst
Senior Construction Inspector
Utilities Chief Mechanic
62 Assistant Engineer Hourly $51.60 $54.18 $56.89 $59.73 $62.72 Golf Course Manager (M) Monthly $8,944.19 $9,391.40 $9,860.97 $10,354.01 $10,871.71 Maintenance Operations Supervisor (M)
Plans Examiner II
Senior Planner (M)

57 City of San Clemente (C) Confidential
Salary Schedule - Benefited Positions (E) Executive

2.5% Between Ranges, 5.0% Between Steps (M) Mid-Management Adopted 06/03/25; Effective 07/07/25 (NC) Non-Confidential Revision Date: 06/03/25
Range Pay Entry Maximum
Number Title Period Step A Step B Step C Step D Step E
63 Senior Management Analyst Hourly $52.86 $55.50 $58.28 $61.19 $64.25 Monthly $9,162.34 $9,620.45 $10,101.48 $10,606.55 $11,136.88 64 Accounting Supervisor (M) Hourly $54.18 $56.89 $59.73 $62.72 $65.86 Marine Safety Lieutenant Monthly $9,391.40 $9,860.97 $10,354.01 $10,871.71 $11,415.30 65 Laboratory Coordinator Hourly $55.50 $58.28 $61.19 $64.25 $67.46 Lead Electrical Instrumentation Technician Monthly $9,620.45 $10,101.48 $10,606.55 $11,136.88 $11,693.72 66 Associate Civil Engineer (M) Hourly $56.89 $59.73 $62.72 $65.86 $69.15 Chief Operator Water Reclamation Monthly $9,860.97 $10,354.01 $10,871.71 $11,415.30 $11,986.07 Code Compliance Manager (M)
Marine Safety Captain (M)
Senior Plans Examiner (M)
67 Principal Management Analyst (M) Hourly $58.28 $61.19 $64.25 $67.46 $70.84 Risk Management/Human Resources Officer (M) Monthly $10,101.48 $10,606.55 $11,136.88 $11,693.72 $12,278.41 68 Coastal Administrator (M) Hourly $59.73 $62.72 $65.86 $69.15 $72.61 Information Technology Operations Supervisor Monthly $10,354.01 $10,871.71 $11,415.30 $11,986.07 $12,585.37 Principal Planner (M)
Recreation Manager (M)
SCADA Specialist
69 Hourly $61.19 $64.25 $67.46 $70.84 $74.38
Monthly $10,606.55 $11,136.88 $11,693.72 $12,278.41 $12,892.33 70 Senior Civil Engineer (M) Hourly $62.72 $65.86 $69.15 $72.61 $76.24 Monthly $10,871.71 $11,415.30 $11,986.07 $12,585.37 $13,214.64 71 Marine Safety Chief (M) Hourly $64.25 $67.46 $70.84 $74.38 $78.10 Monthly $11,136.88 $11,693.72 $12,278.41 $12,892.33 $13,536.95 72 Legislative Administrator (M) Hourly $65.86 $69.15 $72.61 $76.24 $80.05 Maintenance Manager (M) Monthly $11,415.30 $11,986.07 $12,585.37 $13,214.64 $13,875.37 Utilities Superintendent Water Operations (M)
Utilities Superintendent Collections & Maint (M)
Utilities Superintendent Environmental Ops (M)
73 Principal Civil Engineer (M) Hourly $67.46 $70.84 $74.38 $78.10 $82.00 Monthly $11,693.72 $12,278.41 $12,892.33 $13,536.95 $14,213.79 74 Hourly $69.15 $72.61 $76.24 $80.05 $84.05
Monthly $11,986.07 $12,585.37 $13,214.64 $13,875.37 $14,569.14

58 City of San Clemente (C) Confidential
Salary Schedule - Benefited Positions (E) Executive

2.5% Between Ranges, 5.0% Between Steps (M) Mid-Management Adopted 06/03/25; Effective 07/07/25 (NC) Non-Confidential Revision Date: 06/03/25
Range Pay Entry Maximum
Number Title Period Step A Step B Step C Step D Step E
75 Assistant City Engineer (M) Hourly $70.84 $74.38 $78.10 $82.00 $86.10 Building Official (M) Monthly $12,278.41 $12,892.33 $13,536.95 $14,213.79 $14,924.48 City Planner (M)
Information Technology Manager (M)
76 Hourly $72.61 $76.24 $80.05 $84.05 $88.26
Monthly $12,585.37 $13,214.64 $13,875.37 $14,569.14 $15,297.59 77 Deputy Community Development Director (M) Hourly $74.38 $78.10 $82.00 $86.10 $90.41 Finance Manager (M) Monthly $12,892.33 $13,536.95 $14,213.79 $14,924.48 $15,670.71 Human Resources Manager (M)
78 Hourly $76.24 $80.05 $84.05 $88.26 $92.67
Monthly $13,214.64 $13,875.37 $14,569.14 $15,297.59 $16,062.47 79 Deputy Public Works Director (M) Hourly $78.10 $82.00 $86.10 $90.41 $94.93 Utilities Manager (M) Monthly $13,536.95 $14,213.79 $14,924.48 $15,670.71 $16,454.24 80 Hourly $80.05 $84.05 $88.26 $92.67 $97.30
Monthly $13,875.37 $14,569.14 $15,297.59 $16,062.47 $16,865.60 81 Hourly $82.00 $86.10 $90.41 $94.93 $99.67
Monthly $14,213.79 $14,924.48 $15,670.71 $16,454.24 $17,276.95 82 Hourly $84.05 $88.26 $92.67 $97.30 $102.17
Monthly $14,569.14 $15,297.59 $16,062.47 $16,865.60 $17,708.88 83 Beaches Parks and Recreation Director (E) Hourly $86.10 $90.41 $94.93 $99.67 $104.66 Monthly $14,924.48 $15,670.71 $16,454.24 $17,276.95 $18,140.80 84 Hourly $88.26 $92.67 $97.30 $102.17 $107.27
Monthly $15,297.59 $16,062.47 $16,865.60 $17,708.88 $18,594.32 85 Hourly $90.41 $94.93 $99.67 $104.66 $109.89
Monthly $15,670.71 $16,454.24 $17,276.95 $18,140.80 $19,047.84 86 Hourly $92.67 $97.30 $102.17 $107.27 $112.64
Monthly $16,062.47 $16,865.60 $17,708.88 $18,594.32 $19,524.04 87 Hourly $94.93 $99.67 $104.66 $109.89 $115.39
Monthly $16,454.24 $17,276.95 $18,140.80 $19,047.84 $20,000.23 88 Community Development Director (E) Hourly $97.30 $102.17 $107.27 $112.64 $118.27 Public Works Director / City Engineer (E) Monthly $16,865.60 $17,708.88 $18,594.32 $19,524.04 $20,500.24

59 City of San Clemente (C) Confidential
Salary Schedule - Benefited Positions (E) Executive

2.5% Between Ranges, 5.0% Between Steps (M) Mid-Management Adopted 06/03/25; Effective 07/07/25 (NC) Non-Confidential Revision Date: 06/03/25
Range Pay Entry Maximum
Number Title Period Step A Step B Step C Step D Step E
89 Hourly $99.67 $104.66 $109.89 $115.39 $121.16
Monthly $17,276.95 $18,140.80 $19,047.84 $20,000.23 $21,000.25 90 Hourly $102.17 $107.27 $112.64 $118.27 $124.18
Monthly $17,708.88 $18,594.32 $19,524.04 $20,500.24 $21,525.25 91 Hourly $104.66 $109.89 $115.39 $121.16 $127.21
Monthly $18,140.80 $19,047.84 $20,000.23 $21,000.25 $22,050.26 92 Chief Administrative Officer/ACM(E) Hourly $107.27 $112.64 $118.27 $124.18 $130.39 Monthly $18,594.32 $19,524.04 $20,500.24 $21,525.25 $22,601.51 93 Hourly $109.89 $115.39 $121.16 $127.21 $133.57
Monthly $19,047.84 $20,000.23 $21,000.25 $22,050.26 $23,152.77 94 Hourly $112.64 $118.27 $124.18 $130.39 $136.91
Monthly $19,524.04 $20,500.24 $21,525.25 $22,601.51 $23,731.59 95 Hourly $115.39 $121.16 $127.21 $133.57 $140.25
Monthly $20,000.23 $21,000.25 $22,050.26 $23,152.77 $24,310.41 96 Hourly $118.27 $124.18 $130.39 $136.91 $143.76
Monthly $20,500.24 $21,525.25 $22,601.51 $23,731.59 $24,918.17 97 Hourly $121.16 $127.21 $133.57 $140.25 $147.26
Monthly $21,000.25 $22,050.26 $23,152.77 $24,310.41 $25,525.93 98 Hourly $124.18 $130.39 $136.91 $143.76 $150.95
Monthly $21,525.25 $22,601.51 $23,731.59 $24,918.17 $26,164.08 99 City Manager (E) Hourly $127.21 $133.57 $140.25 $147.26 $154.63 Monthly $22,050.26 $23,152.77 $24,310.41 $25,525.93 $26,802.23 100 Hourly $130.39 $136.91 $143.76 $150.95 $158.49
Monthly $22,601.51 $23,731.59 $24,918.17 $26,164.08 $27,472.28

60 Salary Group: General Page 1 of 3
New: 06-03-2025

CITY OF SAN CLEMENTE

SENIOR BUSINESS LICENSE SPECIALIST
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.

DEFINITION
Under general supervision from assigned supervisory or management staff; to lead, oversee and perform a variety of functions in support of the City’s Business License division, including issuing licenses; conducting audits; managing tax collections; overseeing compliance with business licensing and permit regulations; providing information and assistance to the public regarding business licensing and permit regulations; and customer service functions related to business licensing.

DISTINGUISHING CHARACTERISTICS
This is the advanced journey level class in the Business License Series. Positions at this level are distinguished from other classes within the series by the level of responsibility assumed and the complexity of duties assigned. Employees in this class are expected to perform the full range of duties as assigned including working independently and assuming full responsibility for assigned projects. Employees may provide direction or technical supervision over lower level and/or coverage staff and coordinate activities in their assigned area. Employees at this level are required to be fully trained in all procedures related assigned area of responsibility.

ESSENTIAL FUNCTION STATEMENTS
Essential and other important functions may include, but are not limited to, the following:

Essential Functions:
• Process applications for licenses and permits; assist the public on the phone and in person; provide information as needed
• May exercises functional and technical supervision over lower-level staff. • Plan, coordinate and oversee the work of staff responsible for providing customer assistance and program compliance in the assigned area.
• Train assigned employees in the methods, techniques, policies and procedures, pertinent Federal, State, and local laws, codes and regulations of assigned area. • Compose and process correspondence regarding business requirements; investigate notices and information to confirm licensing; process monthly renewals and payments. • Keep informed of current government regulations as they relate to business licensing; provide input regarding updates and revisions to business license code sections, policies and procedures. • Respond to public inquiries; provide information within the area of assignment; resolve sensitive and difficult public concerns and complaints in an efficient and timely manner.

Attachment 2
61 Salary Group: General Page 2 of 3
New: 06-03-2025
• Plan and perform business license compliance audits. Research to determine non-compliance up to and including field visits. Coordinate with Code Compliance Officers to issue notices of violation and other administrative proceedings.
• Perform a wide variety of general clerical work including the maintenance of accurate and detailed logs and records; verify accuracy of information, research discrepancies, and record information. • Coordinate services with outside vendors and related agencies associated with the Business License function.
• Operate and evaluate specialized computer software and programs for the assigned area of responsibility; coordinate technical support and serve as a liaison between system users and information technology staff, vendors and service providers. • Prepare purchase requests and logs; maintain records; order and maintain inventory of supplies and materials to operate business license program.
• Receive, sort and distribute incoming and outgoing correspondence. • Prepares necessary reports.
• Performs related work as required.

QUALIFICATIONS
Knowledge of:

Customer service techniques.

Business license ordinance.

Basic accounting and fiscal principles and practices including cash handling techniques Record keeping methods and techniques.

Business letter writing and report preparation techniques.

Modern office procedures, methods and computer equipment.

English usage, spelling, grammar and punctuation.

Pertinent Federal, State, and local laws, codes and ordinances, and regulations.

Ability to:

Maintain tactfulness and courtesy in high stress situations.

Perform mathematical calculations accurately and quickly.

Interpret, explain and enforce City ordinances, laws and regulations relating to business licenses.

Perform responsible administrative business license work.

Type at a speed necessary for successful job performance.

Operate a computer and modern office equipment in an efficient and safe manner.

Perform routine mathematical calculations.

Work independently in the absence of supervision
Respond to requests and inquiries from the general public.

Understand and carry out oral and written directions.

Maintain accurate, confidential records and reports.
62 Salary Group: General Page 3 of 3
New: 06-03-2025
Communicate clearly and concisely, both orally and in writing.

Maintain effective interpersonal relationships with those contacted in the course of work.

Experience and Education/Training Guidelines
Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Experience:

Three years of responsible experience involving customer service and significant public contact, including two years of experience in business license practices with an agency, company, or organization.

Education/Training:

Equivalent to completion of the twelfth grade supplemented by training or certification in business license practices.

Licenses or Certificates:

Possession of a valid California Driver License at the time of appointment.

WORKING CONDITIONS
Work Environment:

The primary work environment takes place indoors within an office environment. May be required to work outdoors in the field, such as visiting commercial businesses on an occasional basis.

Physical Requirements:
• Work is performed in an indoor office environment, requiring extensive sitting or standing for prolonged periods of time.
• Work involves occasional walking, reaching, stooping, kneeling, and bending. • Moderate lifting, carrying, pushing, and/or pulling of items of moderate weight. • Manual dexterity to operate a computer keyboard and other office equipment, handle files and documents.
• Hearing and speaking to exchange information in person or on the telephone. • Visual acuity to see/read documents and computer screen. • Operate a motor vehicle on an occasional basis in order to travel to the field to conduct site inspections.
63 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: June 3, 2025 Agenda Item: 10C.

Submitted By: City Manager
Prepared By: Andy Hall, City Manager
Subject:
..titl e

CONSIDERATION OF EXTENDING THE GOAT GRAZING NOXIOUS WEED AND FIRE FUEL REDUCTION PILOT PROGRAM UNTIL DECEMBER 31, 2025 ..body
Fiscal Impact:

All costs associated with the initial phase of the pilot program were donated by the owner of the goats, Mr. Mike Kay. The extension and expansion of the program will cost $100,000 for the period of July 1 through December 31, 2025. Funding has not been identified and would need to be appropriated from the General Fund balance.

Summary:

In response to both a significant increase in noxious weeds and potential fire fuel in the open space areas of San Clemente, the City Council authorized a goat grazing pilot program for a specified parcel of City owned property. The initial phase of the program was completed donated by Mike Kay, the owner of the goats. The program included the goats, the construction of a goat enclosure, and grazing of noxious weeds and grasses that can also become fire fuel (and a donkey named Steve). In addition to the grazing, Mr. Kay provided educational and volunteer opportunities. The City provided the property and water for the animals.

Background:

In October of 2024, a goat grazing program was
established to reduce noxious weeds and fire fuels
on open space owned by the City of San Clemente.

The original pilot program concluded in April of 2025
and an assessment of the program was conducted
between the owner of the Goats, Mr. Mike Kay, and
members of staff. The program was successful in
the assigned location for weed and fire fuel removal,
as expected, and the public response was
overwhelmingly positive.

Following discussion with staff, the owner of the
goats, who is also an experienced fire fighter, has
suggested that there remains a lot of work to do on the City owned property and would like to extend and expand the program. Staff is supportive of the proposed expansion, but suggest that the timeframe be limited to December 31, 2025. The proposed timeframe would allow the pilot project to continue while the community fire preparation program is prepared by staff for future consideration by the City Council. It is anticipated that the fire preparation program will include 64 Meeting Date: June 3, 2025 Agenda Item: 10C.

CITY OF SAN CLEMENTE 2
goat grazing as one of the strategies in reducing the likelihood of fire in the community. The expansion of the pilot project would increase the number of goats from about 20 to about 100 goats and address more than 30 additional acres of City owned open space located south of Vista Hermosa Park and perhaps other areas of City owned open space. In order to extend and expand the project, Mr. Kay is seeking $100,000 in funding that will be used to:
 Continue the grazing program until December 31, 2025
 Expand the enclosure and add necessary animal care items  Conduct environmental review for additional City owned lands for grazing  Conduct outreach and education for local homeowner’s associations  Provide some funding for general expenses associated with the program (feeding, transportation, etc.)
As the program matures from a pilot program into a more consistent effort, a permanent program could include a comprehensive citywide grazing plan to reduce noxious weeds and reduce fire fuels.

Council Options:
 Terminate the pilot project and restore the current site to its previous condition.  Expand the pilot project and authorize a supplemental appropriation from General Fund balance to provide funding for the additional efforts.
 Provide alternative direction to the City Manager.

Environmental Review/Analysis:

Action to expand the project in and of itself is not defined as a project by the California Environmental Quality Act. However, goat grazing with an expanded foot print will require additional environmental review and may need additional City Council action.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends an extension and expansion of the pilot project. To date, the current pilot project has been successful and supported by residents. An additional six months to study the issue and become more familiar with the limitations of the grazing program can ensure the activity is adequately addressed in the preparation of the community fire preparation program. ..end
Attachment:

None.

Notification:

None.
65 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: June 3, 2025 Agenda Item: 10D.

Submitted By: Public Works
Prepared By: Dave Rebensdorf, Public Works Director/City Engineer Shawn Ryan, Deputy Public Works Director
Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING AN EMERGENCY CONSTRUCTION CONTRACT TO ALLIANCE DIVERSIFIED ENTERPRISES INC. FOR THE INSTALLATION OF

CAISSONS AND TIEBACKS FOR THE MARQUITA SLOPE INTERIM RECONSTRUCT, CIP PROJECT NO. 21208, IN AN AMOUNT NOT TO EXCEED $2,292,421, APPROVING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $605,996, AUTHORIZING THE

CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT, AND FINDING THE

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

Yes, the estimated total project cost of $2,751,663 is not within the available $2,145,667 project balance. A supplemental appropriation in the amount of $605,996 is needed from the Sewer Fund, Depreciation Reserve to Account No. 054-476-45300-000-21208. The supplemental appropriation will reduce the Sewer Fund, Depreciation Reserve FY 2025 ending balance from approximately $2,587,000 to $1,981,004.

Summary:

Before the City Council is the award of a construction contract to Alliance Diversified Enterprises, Inc. in an amount not to exceed $2,292,421, for the Marquita Slope Interim
Reconstruct, CIP Project No. 21208. Due to an active landslide impacting an existing soldier pile wall that is at the end of its structural capacity, material from the landslide has piled five to ten feet above the wall and is pushing against the pump station building. To protect the pump station along with public health and safety to prevent a sewer spill, staff have obtained an Emergency Coastal Development permit to build a portion of a designed project directly above the pump station, which will remove the existing soldier pile wall and regrade a portion of the slope. City staff is recommending emergency purchasing procedures to expedite procurement of a contractor, railroad permits, and construction before the next rainy season. 66 Meeting Date: June 3, 2025 Agenda Item: 10D.

CITY OF SAN CLEMENTE 2
Background:

Linda Lane Pump Station and the Beach Trunk
Sewer Line transport approximately one million
gallons per day of raw wastewater to the City’s
Water Reclamation Plant for treatment. The
pump station is located at the toe of the coastal
bluff, adjacent to the Beach Pedestrian Trail
north of Linda Lane Beach Access. In 2015, a
retaining wall, consisting of soldier piles and
wood lagging, was constructed near the toe of
an active landslide to protect the pump station.

This temporary wall was built to prevent
sloughing from the adjacent property and was
not designed to retain the large forces
associated with an active landslide. Due to the
additional movement of the landslide, causing distress to the wall, additional reinforcement consisting of raker bracing was added in June of 2018, followed by the installation of an additional soldier pile and raker bracing in February of 2019. To reduce slope movement, a series of six hydro auger drains were installed within the landslide mass in June of 2019 to remove subsurface water and increase the stability of the landslide. Between 2019 and 2023, the hydro augers were damaged by continued slope movement and ceased to function effectively, prompting the installation of another set of six hydro augers in July 2023. Since the construction of the original wall, the landslide has breached the wall and spilled over and around in several locations, rupturing the wooden lagging and warping the wall under its weight. The soldier pile wall and subsequent improvements were not designed to support a continued active landslide and have reached their structural capacity.

As part of the design, a geotechnical exploration took place from March to May 2019. Two geotechnical boring holes, along with sampling and testing of the landslide debris, installation of slope inclinometers, and slope stability analysis, were completed. Based on the results of the geotechnical investigation, a geo-grid bluff repair was recommended. City approved the preliminary stabilization plans along with the Coastal Commission.

On October 7, 2020, the City of San Clemente and Marquita, LLC, as co-applicants, received a conditional approval from the Coastal Commission under CDP 5-20-0006. The project included demolition of an existing house at 259 W. Marquita and the rebuilding of a new 9,145 sq. ft. duplex. Coastal bluff repairs/stabilization (across three lots at 257, 259, 261 W. Marquita and on City property), including grading for complete bluff reconstruction, bluff drainage, and restoration of native vegetation. The project goal was to protect the homes above the active landslide and the Linda Lane Pump Station.

After conditional approval from the Coastal Commission, the City of San Clemente sent the stabilization plans and reports to LGC Geotechnical, Inc. for a third-party review. Based on the preliminary calculations, it was recommended that additional exploratory borings at the top of the bluff, along with an additional exploratory boring on the landslide debris, be completed to obtain more information on the landslide to finalize the design. 67 Meeting Date: June 3, 2025 Agenda Item: 10D.

CITY OF SAN CLEMENTE 3
As a result of the above investigative work, it was determined that stabilization/structural measures for the proposed repair were required. These measures include the installation of subsurface concrete shear pins (caissons) buried approximately 75 feet deep within the middle of the slope to allow for temporary support of the bluff during repair during construction and to provide for a long-term factor of safety for the residences above and the pump station.

Due to the additional stabilization/structural measures, the Coastal Commission determined that it could no longer support the original permit, CDP 5-20-0006, because the newly proposed fortification design did not align with the original permit's intent. The Coastal Commission's denial prompted City staff to seek an immediate solution to protect the Linda Lane Pump Station since it will likely take more than a year to obtain a full coastal permit and construct the improvements.

Given the critical nature of the raw sewage pump station with a soldier pile wall at its capacity with debris piled five to ten feet above the wall and touching the pump station which is not designed for lateral forces, it prompted staff to seek an Emergency Coastal Development Permit to repair the slope directly above the pump station. Due to the potential for wall failure or additional debris impacting the building, staff is recommending emergency purchasing to procure a contractor and construction prior to the next rainy season, when sluffing and movement are typically the greatest.

Council Options:
 Adopt Resolution No. 25-74 (Attachment 1), awarding a Construction Contract to Alliance Diversified Enterprise, Inc. in an amount not to exceed $2,292,421 and authorize the City Manager to execute the agreement.
 Modify and adopt Resolution 25-74.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 25-74 and put the project on hold.

Environmental Review/Analysis:

The Marquita Slope Interim Reconstruct project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 of the state CEQA Guidelines Section 15301(b) (14 CCR Section 15302, Replacement or Reconstruction).

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 25-74, which will:

1. Make a finding that an emergency exists due to the potential failure of an existing sewer pump station and that the situation requires immediate action to prevent or mitigate impairment to property and public services, that might otherwise occur if required to incur delays attributed to the typical engineering design and public competitive bidding process.

The City Manager has the authority to approve emergency contracts and purchases when 68 Meeting Date: June 3, 2025 Agenda Item: 10D.

CITY OF SAN CLEMENTE 4
there is a need to protect public health and safety per Section 3.40.070 of the City of San Clemente Municipal Code.

2. Declare that the public interest and necessity demand the immediate expenditure of public funds to safeguard public health;

3. Find the Marquita Slope Interim Reconstruct, CIP Project 21208, categorically exempt from CEQA under Class 1 Section 15301(b) of the State CEQA Guidelines;

4. Approved a supplemental appropriation in the amount of $605,996 to the project Account No. 054-476-43470-000-21208 from the Sewer Fund Depreciation Reserve;

5. Authorize the City Manager to execute an emergency contract with Alliance Diversified Enterprises, Inc. in an amount not to exceed $2,292,421, for the Marquita Slope Interim Reconstruct, CIP Project 21208; and

6. Authorize the City Manager or designee to approve total project overages not to exceed 10 percent of the construction costs.
..end
Attachment:

1. Resolution No. 25-74

2. Emergency Coastal Development Permit

3. Site Plan

4. Construction Agreement
Notification:

None.
69 Attachment 1
RESOLUTION NO. 25-74

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

CONSTRUCTION CONTRACT TO ALLIANCE DIVERSIFIED
ENTERPRISES, INC. FOR THE MARQUITA SLOPE
INTERIM RECONSTRUCT CIP PROJECT NO. 21208 IN AN
AMOUNT NOT TO EXCEED $ 2,292,421, AUTHORIZING

THE CITY MANAGER TO EXECUTE THE CONTRACT, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR
SECTION 153019) OF THE STATE CEQA GUIDELINES
WHEREAS, on March 7, 2025, the City of San Clemente was granted an Emergency Development Coastal Permit for the Marquita Slope Interim Reconstruct CIP Project No. 21208; and
WHEREAS, in order to protect public health and safety, repairs are needed immediately to secure the Linda Lane Pump Station to protect life and property prior to the upcoming winter rain season; and
WHEREAS, on April 29, 2025, the City reached out to two (2) local contractors, receiving one bid from Alliance Diversified Enterprises, Inc. of $2,292,421; and NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

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

SECTION 2. That based upon substantial evidence in the record as a whole, 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 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.

SECTION 3. That an emergency exists due to the potential failure of an existing slope and that the situation requires immediate action to prevent or mitigate impairment to property and public services that might otherwise occur if the City were required to incur delays attributed to the typical engineering analysis and formal bidding processes.

SECTION 4. That the public interest and necessity demand the immediate expenditure of public funds to safeguard public health.

SECTION 5. That the supplemental appropriation in the amount of $605,996 into 70 Resolution No. 25-74 Page 2
account No. 054-476-43470-000-21208 from the sewer depreciation fund is hereby approved.

SECTION 6. That the Construction Contract Agreement for the Marquita Slope Interim Reconstruct, CIP Project No. 21208, is hereby awarded to Alliance Diversified Enterprises, Inc.

SECTION 7. That the City Manager is authorized and directed to execute a construction contract for the Marquita Slope Interim Reconstruct, CIP Project No. 21208, with Alliance Diversified Enterprises, Inc., in an amount not to exceed $2,292,421, in a form substantially similar to that presented to City Council on June 3, 2025.

SECTION 8. That a 10% potential project overage of $229,242 is hereby approved and may be utilized to the extent that the City Manager determines it necessary and proper.

SECTION 9. That the City Manager is authorized and directed to take such other and further actions as are necessary and proper to accomplish the purposes of this resolution and complete the project.

SECTION 10. 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 June, 2025.

ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 71 Resolution No. 25-74 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. 25-74 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of June, 2025, 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
72 STATE OF CALIFORNIA- NATURAL RESOURCES AGENCY

CALIFORNIA COASTAL COMMISSION

SOUTH COAST DISTRICT OFFICE
301 E. OCEAN BLVD., SUITE 300
LONG BEACH, CALIFORNIA 90802-4830
PHONE: (662) 590-5071
FAX: (562) 590-5084
WEB: WWW.COASTAL.CA.GOV

GAVIN NEWSOM, GOVERNOR

EMERGENCY COASTAL DEVELOPMENT PERMIT
Emergency CDP G-5-25-0006 (Linda Lane Pump Station)
Issue Date: February 13, 2025
Permittees: City of San Clemente, Marquita LLC, and Marquita Homeowners Association
Emergency Location: 255 and 259 W. Marquita, San Clemente, Orange County (APN(s): 692-095-07 and 692-095-28)
Emergency Description: The bluff landward of the City of San Clemente Linda Lane sewer pump station initially failed in June 2015. This bluff failure caused portions of the slope to slide towards the City's sewer pump station. In August 2015, the City constructed an approximately 8 ft. tall by 60 ft. long soldier pile and wood lagging retaining wall at the toe of the bluff to protect the pump station from the landslide debris.

Due to additional movement of the landslide causing distress to the wall, additional reinforcement consisting of raker bracing was added in June of 2018, followed by installation of an additional soldier pile and raker bracing in February of 2019. A series of six hydro auger drains were installed within the landslide mass in June of 2019 to remove subsurface water and increase the stability of the landside. Between 2019 and 2023, the hydro augers were damaged by the slide and ceased to function effectively, prompting the construction of another set of six hydro augers in July of 2023. All of the work described above was conducted without the benefit of a Coastal Development Permit and is therefore considered unpermitted. As will be described in more detail below, once the proposed emergency work is completed, the Permittees are proposing to remove the unpermitted development on site.

On October 7, 2020, the City of San Clemente and Marquita LLC, as co-applicants, received approval from the Commission for the following work under CDP 5-20-0006:

Coastal bluff repair/stabilization (across 3 lots at 257, 259, and 261 W. Marquita) consisting of 13,475 cu. yds. of cut and 8,714 cu. yds. of fill for complete bluff reconstruction by benching the bluff for placement of compacted fill, bluff drainage improvements, and restoration of native vegetation; demolition of a 3,197 sq. ft. 2-story duplex; construction of a 25-ft. tall, 3-story (including basement) 9,145 sq. ft. duplex, including 4-car garage, 1,906 sq. ft. patio/deck area, pool/spa, and bluff top drainage improvements at 259 W. Marquita; and request for after-the-fact removal of unpermitted development at the toe of bluff consisting of a wood retaining wall and incorporation of grading of landslide material at the toe of the bluff into the proposed bluff stabilization project. This CDP was approved, however the necessary prior to issuance conditions have not yet been satisfied, therefore the CDP has not been issued. Since approval of Enclosure: ECDP Acceptance Form
Attachment 2
73 74
75 76
77 78
79 80
81 82
Items Highlighted in Blue
to be Completed as part
of the Emergency Repair
Current Soldier Pile Wall
to be Removed
Approximate Limits of
Landslide to be Removed
and Re-Compacted
Proposed Tiebacks and
Soldier Piles
W. Marquita
Pump Station
LGC Geotechnical, Inc.
131 Calle Iglesia, Ste. 200
San Clemente, CA 92672
TEL (949) 369-6141 FAX (949) 369-6142
PROJECT NAME PROJECT NO. ENG. / GEOL. SCALE DATE
Option 1
Reduced Soldier Piles and Tiebacks
Linda Lane - Design of Fix
19027-02
TJL
1" = 20'
December 2024
*Base-map by Peters and Associates, 2023
ATTACHMENT 3
83 55452.01510\32977834.2
Attachment 4

CITY OF SAN CLEMENTE

CONSTRUCTION CONTRACT

MARQUITA SLOPE INTERIM RECONSTRUCT
CIP PROJECT NO. 21208

1. PARTIES AND DATE.

This Contract is made and entered into this ________day of June, 2025 by and between the City of San Clemente, a public agency of the State of California (“City”) and Alliance Diversified Enterprises, Inc, a California Corporation with its principal place of business at 665 Opper Street, Escondido, CA 92029 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing Marquita Slope Interim Reconstruct, related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: Class “A” License

2.3 Project. City desires to engage Contractor to render such services for the Marquita Slope Interim Reconstruct (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
 Services/Schedule (Exhibit “A”)
 Plans and Specifications (Exhibit “B”)
 Special Conditions (Exhibit “C”)
 Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”)  Public Works Contractor Registration Certification (Exhibit “E”)  Payment and Performance Bonds (Exhibit “F”)
 Federal Requirements (Exhibit “G”)
 Insurance Requirements (Exhibit “H)
 Addenda
84 55452.01510\32977834.2
2  Change Orders executed by the City
 Current Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-8
 Notice Inviting Bids, if any
 Instructions to Bidders, if any
 Contractor’s Bid

3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.

3.2.2 Substitutions/“Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article.

The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to 85 55452.01510\32977834.2
3 substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.3 Period of Performance.

3.3.1 Contract Time. Contractor shall perform and complete all Work under this Contract within 90 working days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.2 Force Majeure. Neither City nor Contractor shall be considered in default of this Contract for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Contract, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; pandemics or epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. Should such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Contract. Contractor’s exclusive remedy in the event of delay covered under this section shall be a non-compensable extension of the Contract Time.

3.3.3 Liquidated Damages. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of ($1,000) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor 86 55452.01510\32977834.2
4 represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the belowreferenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, which includes everything that is reasonably foreseeable related thereto, City agrees to pay Contractor the Total Contract Price of two million two hundred ninety-two thousand four hundred twenty-one Dollars ($2,292,421.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments. 87 55452.01510\32977834.2
5 3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.

3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items. 88 55452.01510\32977834.2
6 3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.7.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.7.10 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as 89 55452.01510\32977834.2
7 determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.7.13 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.7.14 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City.

Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one 90 55452.01510\32977834.2
8 acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.8.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.8.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Agreement. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state 91 55452.01510\32977834.2
9 and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.8.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s business license fee, if any. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II 92 55452.01510\32977834.2
10 or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.10 Claims; Government Code Claim Compliance.

3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes. 93 55452.01510\32977834.2
11 3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:

3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format

3.10.3.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions. 94 55452.01510\32977834.2
12 3.10.3.8 Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.

3.10.4 City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.

3.10.4.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.10.4.2 Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.

3.10.4.3 City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.10.5 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. 95 55452.01510\32977834.2
13 3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3.10.6.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

3.10.7 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:

3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such 96 55452.01510\32977834.2
14 Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.

3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.17.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.12 Indemnification.

3.12.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend (with counsel reasonably approved by City), indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

3.12.2 Additional Indemnity Obligations. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in 97 55452.01510\32977834.2
15 connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.13 Insurance. Contractor agrees to procure and maintain, at Contractor’s expense all insurance specified in Exhibit “H” attached hereto and by this reference incorporated herein.

Contractor shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City.

3.14 Bond Requirements.

3.14.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty 98 55452.01510\32977834.2
16 at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.15.1 Warranty Bonds. At the time of completion of the project and prior to acceptance, a warranty bond in the amount of 25% of the contract price shall be required for a period of one (1) year after City recordation of Notice of Completion.

3.16 Employee/Labor Certifications.

3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.16.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.

3.17 General Provisions.
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17 3.17.1 City’s Representative. The City hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.17.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.17.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing 100
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18 thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:

Alliance Diversified Enterprises, Inc
Attn: Rian Grenke, President
CITY:

City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attn: Shawn Ryan
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.17.7 Time of Essence. Time is of the essence in the performance of this Contract.

3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

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

3.17.10 Laws, Venue, and Attorneys’ Fees. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Orange, State of California.

3.17.11 Counterparts/Electronic Signature. This Contract may be executed in counterparts, each of which shall constitute an original. This Contract may be executed electronically with the same force and effect as an original ink signature. Bonds, if required, must be signed with original ink signatures and accompanied by notary acknowledgments.

3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.17.13 [Reserved]

3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration 101
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19 contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Contract, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.17.16 Certification of License.

3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.17.17 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.17.18 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.17.19 Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.17.20 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects. any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. 102
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20 [SIGNATURES ON NEXT PAGE]
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21 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: _______________________
_____________________________
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

__________________________
(“CONSULTANT”)

By:_____________________________
Joan Grenke, Chief Executive Officer
Dated: _________________________

By:_____________________________
Evan Grenke, Chief Financial Officer
Dated: _________________________
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22 EXHIBIT “A”

SERVICES / SCHEDULE

SCOPE OF WORK

1. Proposed “Option 1 Reduced Soldier Piles and Tiebacks”, per the December 16th, 2024“ Emergency repair Recommendations, Active Landslide Northwest of the Linda Lane Pump Station, San Clemente, California, 92672” Report prepared by LGC Geotechnical, Inc. These shall be installed per the plans prepared by Peter and Associates. There are 22 Caissons with tie-backs and geogrid to be installed.

2. The existing soldier pile wall at the slope's toe will be removed and disposed of off-site.

3. Install Geogrid per plans prepared by Peters and Associates and the Tensar Bluff Stabilization plan.

4. The contractor will provide temporary construction fencing. The fencing should be placed to separate the entire site from the public and to minimize attempts from the public to try to gain entry to the site.

5. Contractor to provide all BMPs as required for the site.

6. Staging and stockpiling shall be controlled and located behind the construction fencing for the project

7. BMPs are required per the Plans provided by Peter and Associates; however, due to the nature of this scope, additional BMPs may be required.

8. Lay back the slope as needed to install the southern five soldier piles running east-west.

9. Traffic Control for pedestrians and vehicles when using the beach trail and loading equipment in Linda Lane.

10.Right of Entry Permit from Metrolink to be obtained by the contractor. The City will cover costs associated with the Rail Pros.

11.Surveying for Caissons and Keyway.

12.Temporary de-watering as needed during construction activities. 105
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23 13. Any portions of existing hydro augers that remain in the slope after excavation will need to be connected to the local storm drain system located on the south side of the Linda Lane Pump Station.
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EXHIBIT “B”

PLANS AND SPECIFICATIONS

PLANS ARE ON FILE WITH THE CITY CLERK
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EXHIBIT “C”

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract.

Failure to do so may, in the sole discretion of City, result in the forfeiture of Contractor’s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.
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EXHIBIT “D”

WORKERS COMPENSATION INSURANCE CERTIFICATION

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

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

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

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION COVERAGE IS

UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN

ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES. 109
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Dated: _______________________________
________________________________
Consultant
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
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EXHIBIT “E”

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:

DIR Registration Number:

DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
 Contractor shall maintain a current DIR registration for the duration of the project.  Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.  Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor
Signature
Name and Title
Dated

1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”
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EXHIBIT “F”

PAYMENT AND PERFORMANCE BONDS
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of San Clemente (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
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(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
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(Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of San Clemente (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or 117
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subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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EXHIBIT “H”

INSURANCE REQUIREMENTS

3.13 Insurance.

3.13.1 Time for Compliance. Contractor shall not commence work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract as required in section 1.1.12 of this agreement.

3.13.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Contract for work to be performed hereunder, and without limiting the indemnity provisions of the Contract, the Contractor, in partial performance of its obligations under such Contract, shall procure and maintain in full force and effect during the term of the Contract the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, and shall be no less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits.

The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Contract.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities shall be in an amount of not less than $1,000,000 combined limit for each occurrence. (1) a Personal Automobile Liability policy for the Contractor's own vehicle stipulating "Automobile Liability Insurance with a limit of not less than $1,000,000 each accident"; and (2) a non-owned auto endorsement to the Commercial General Liability policy if Contractor uses vehicles of others (e.g., vehicles of employees).
(C) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.

3.13.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Contract.
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Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the terms of purposes of this Contract.

For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers' Compensation:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents and volunteers.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

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

3.13.5 Waiver of Subrogation. All policies of Commercial General Liability, Automobile Liability insurance (if required) shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

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

3.13.7 Evidence of Insurance. The Contractor, concurrently with the execution of the Contract, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with 121
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all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.13.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Contract, effective upon notice.

3.13.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A- VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.13.10 Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.13.11 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.13.12 Insurance for Subcontractors. Contractor shall include all Subcontractors as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing Subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents and volunteers as additional insureds to the Subcontractor's policies. All policies of Commercial General Liability insurance provided by Subcontractors shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13. Contractor shall not allow any Subcontractor to commence work until it has received satisfactory evidence of Subcontractor’s compliance with all insurance requirements under this Contract, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City. 122
910 Calle Negocio
2nd Floor
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www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: June 3, 2025 Agenda Item: 10E.

Submitted By: Finance and Administrative Services
Prepared By: Brian Brower, Chief Administrative Officer Matthew Schmelzel, Senior Management Analyst

Subject:
..titl e
FY 2025-26 CONTRACT BETWEEN THE CITY OF SAN CLEMENTE AND THE COUNTY OF ORANGE FOR POLICE SERVICES ..body
Fiscal Impact:

The FY 2025-26 General Fund budget includes $21.77 million for police contractual services Account No. 001-218-43625 and approximately $200,000 in the Police Services Grant Fund Account No. 002-217-43625.

Summary:

Before the City Council is approval of the annual Police Services Agreement between the City of San Clemente and the County of Orange for the period of July 1, 2025 through June 30, 2026.

The maximum contractual obligation is inclusive of 58 officers and support staff, as well as 15.90 regional shared personnel. The core component of this year’s contract increase is attributed to the negotiated salary and benefit increases for Orange County Sheriff Department employees.

Background:

As part of the annual budget process, law enforcement costs and service level expectations are evaluated by City staff in collaboration with the Orange County Sheriff’s Department (OCSD) before presentation to the City Council for approval. The total police contractual services budget in FY 2025-26 is $21.97 million, including $21.77 million in the General Fund and $200,000 in the Police Services Grant Fund from the Citizen Option Public Safety (COPS) grant program. The FY 2025-26 contract includes 58 full-time equivalent (FTE) and 15.90 regional shared staff positions, including the four (4) additional deputies added in FY 2023-24 to address service demands in the North Beach, Pier Bowl and Del Mar areas.

As part of the County of Orange collective bargaining agreements negotiated in December 2024, the FY 2025-26 agreement reflects a 4% increase to base salaries for the Association of Orange County Deputy Sheriffs (AOCDS), Association of County Law Enforcement Managers (ACLEM), Orange County Managers Association (OCMA) and Orange County Employees Association (OCEA). The increase affects multiple facets of the contract including benefits, overtime, training, and special pays, which collectively impact overall cost beyond the contractual base salaries.

Total estimated police services cost increase by 4% from the FY 2024-25 contract. The maximum obligation set forth in the agreement is $22.7 million which includes overtime and $200,000 in vacancy credits (leave, vacant positions and workers compensation). Additional vacancy savings are budgeted outside of the contract based on historical information and current staffing levels 123
Meeting Date: June 3, 2025 Agenda Item: 10E.

CITY OF SAN CLEMENTE 2
representing approximately $720,000 for an anticipated service cost of $21.97 million. Category fluctuations are discussed in the following table and paragraphs.

Cost Component FY 2024-25 FY 2025-26 $ Change % Change
Personnel $ 16,851,354 $ 17,356,696 $ 505,342 3.0%
Services & Supplies $ 430,079 $ 476,769 $ 46,690 10.9%
Transportation $ 605,325 $ 649,690 $ 44,365 7.3%
Overhead $ 2,093,726 $ 2,357,206 $ 263,480 12.6%
Training $ 621,812 $ 602,813 $ (18,999) -3.1%
Leave Paydowns $ 140,795 $ 109,674 $ (31,121) -22.1%
Contract Admin $ 61,039 $ 65,244 $ 4,205 6.9%
BWC/ICW/MDC $ 361,252 $ 402,094 $ 40,842 11.3%
Other $ 15,895 $ 18,865 $ 2,970 18.7%
Revenue Offset $ (64,558) $ (68,791) $ (4,233) 6.6%
TOTAL BUDGET $21,116,719 $21,970,260 $853,541 4.0%
*Overtime costs of $1,039,197 are offset by forecasted vacancy credits based on historical trends for the budget.

Personnel costs increase by $505,342, or 3%, due to salary increases which include base salary, benefits, overtime, vacancy credit, special and premium pay. Salaries are calculated using a weighted average pay rate methodology.

Current regular salaries and benefits for direct personnel total $15.45 million. Regional shared staff salaries and benefits total $542,226 a 12% decrease from the prior year due changes in the overall allocation methodology and removal of one Office Specialist.

Services & Supplies (S&S) which includes overhead related supplies and services, liability insurance, direct services and supplies, increase by 10.9% primarily due to increases in patrol and supplies. These costs are charged two years in arrears.

Transportation which includes vehicle acquisition costs, mileage and maintenance, enhanced helicopter response services and regional team transportation costs increase 7.3%.

Overhead increases 12.6% based on 2-year arrear billing calculated using the County-Wide Cost Allocation Plan.

Body Worn Camera/In Car Video/Mobile Data Computer costs increase by $40,842 or 11.3%.

Implementation costs for the body worn cameras and in car video equipment are fully paid and current charges reflect operating costs.

Council Options:
 Adopt Resolution No. 25-75, which would authorize the City Manager to execute the contract between the City of San Clemente and the County of Orange for FY 2025-26 police services.  Modify and adopt Resolution No. 25-75.
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CITY OF SAN CLEMENTE 3
 Continue the Item and direct staff to provide additional information.  Deny the request to adopt Resolution No. 25-75 and allow the Police Services Contract to expire.

Environmental Review/Analysis:

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

Recommended Actions:

Staff Recommendation ..recommendation
Adopt Resolution No. 25-75, which would authorize the City Manager to execute the contract between the City of San Clemente and the County of Orange for FY 2025-26 police services. ..end
Attachment:

1. Resolution No. 25-75

2. FY 2025-26 Police Services Contract
Notification:

County of Orange.
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Attachment 1
4867-3182-8585 v1
RESOLUTION NO. 25-75

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE CITY

MANAGER TO EXECUTE A CONTRACT WITH THE

COUNTY OF ORANGE FOR POLICE SERVICES FOR FY
2025-26
WHEREAS, the City Council held a public budget workshop on May 21, 2024 and discussed police service levels for the FY 2024-25 and FY 2025-26 agreements; and WHEREAS, the City Council held a public hearing on the proposed 2024-25 and 2025-26 budget on June 4, 2024; and
WHEREAS, on June 4, 2024, the City Council adopted the budget for FY 2024-25 and FY 2025-26, which included funding for the police services agreement; and WHEREAS, entering into a contract with the County of Orange for police services for FY 2025-26 is in the public’s interest and is necessary for public safety and welfare.

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

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

SECTION 2. That the City Council hereby authorizes and directs the City Manager to execute a contract between the City of San Clemente and the County of Orange, for a total contract maximum obligation of $22,690,270 in substantially the same form presented to City Council on June 3, 2025.

SECTION 3. 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 June, 2025.

ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the City San Clemente, California of San Clemente, California
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Resolution No. 25-75 Page 2

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. 25-75 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of June 2025, 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
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CONTRACT
With
City of San Clemente
For
Law Enforcement Services
This Contract for Law Enforcement Services, (hereinafter referred to as “Contract”) is made and entered into as of the date fully executed by and between the County of Orange, a political subdivision of the State of California (hereinafter referred to as “County,”) on behalf of Orange County Sheriff’s Department, (“Sheriff”), and the City of San Clemente, (hereinafter referred to as “City,”) with County and City sometimes individually referred to as “Party”, or collectively referred to as “Parties”

ATTACHMENTS
This Contract is comprised of this document and the following Attachments, which are attached hereto and incorporated by reference into this Contract:

Attachment A – Scope of Work
Attachment B – Payment Provisions
Attachment C – Level of Service
Attachment D – City Ordinances
Attachment E – TVAP Resolution
Attachment F – TVAP Form
Attachment G – Forfeited and Seized Asset Policy
Attachment H – Special Services

RECITALS
WHEREAS, City wishes to contract with County for law enforcement services; and WHEREAS, County is agreeable to the rendering of such services, as authorized in Government Code sections 51301, 54981, and 55632, on the terms and conditions hereinafter set forth, NOW, THEREFORE, the Parties mutually agree as follows:

ARTICLES
General Terms and Conditions:

A. Term of Contract: This Contract shall commence July 1, 2025 and terminate June 30, 2026 unless earlier terminated by either Party or extended in the manner set forth herein.

B. Termination: County and City may terminate this Contract, without cause, upon one-hundred and eighty (180) days written notice to the other Party.

If the County and City have not entered into a written Contract for further law enforcement services thirty (30) days before this Contract terminates, then the County and City may execute an amendment that provides as follows and does not materially alter other terms of the Contract: County shall continue to provide to City all, or a designated part, of the law enforcement services specified herein, for sixty (60) days following the termination date of this Contract, and City shall pay County the full costs of providing such services. Such full costs may be greater than those listed herein.

C. Entire Contract: This Contract contains the entire Contract between the parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein.
$WWDFKPHQW
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D. Amendments: Unless expressly provided for in this Contract, no alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the parties; no oral understanding or Contract not incorporated herein shall be binding on either of the parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on either Party unless authorized in writing.

E. Severability: If any term, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

F. Headings: Headings used throughout this Contract are for convenience only and shall not affect the meaning or interpretation of any provisions of this Contract.

G. Independent Contractor: County is and at all times shall be deemed to be, an independent contractor. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between City and County or any of County’s agents or employees. County and its Sheriff shall retain all authority for rendition of services, standards of performance, control of personnel, and other matters incident to the performance of services by County pursuant to this Contract. County, its agents and employees, shall not be entitled to any rights or privileges of City employees and shall not be considered in any manner to be City employees.

H. Indemnification: County, its officers, agents, employees, subcontractors and independent contractors shall not be deemed to have assumed any liability for the negligence or any other act or omission of City or any of its officers, agents, employees, subcontractors or independent contractors, or for any dangerous or defective condition of any public street, work or property of City, or for any illegality or unconstitutionality of City’s municipal ordinances. City shall indemnify and hold harmless County, and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors from any claim, demand or liability whatsoever based or asserted upon the condition of any public street, work or property of City, or upon the illegality or unconstitutionality of any municipal ordinance of City that Sheriff has enforced, or upon any act or omission of City, or its elected and appointed officials, officers, agents, employees, subcontractors or independent contractors related to this Agreement, including, but not limited to, any act or omission related to the maintenance or condition of any vehicle or motorcycle that is owned or possessed by City and used by County personnel in the performance of this Agreement, for property damage, bodily injury or death or any other element of damage of any kind or nature, and City shall defend at its expense including attorney fees, and with counsel approved in writing by County, County and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors in any legal action or claim of any kind based upon or asserted upon such condition of public street, work or property, or illegality or unconstitutionality of a municipal ordinance, or alleged acts or omissions. If judgment is entered against City and County by a court of competent jurisdiction because of the concurrent active negligence of either party, City and County agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment.

County shall indemnify and hold harmless City and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors from any claim, demand or liability whatsoever based or asserted upon any act or omission of County or its elected and appointed officials, officers, agents, employees, subcontractors or independent contractors related to this Agreement, for property damage, bodily injury or death or any other element of damage of any kind or nature, and County shall defend, at its expense, including attorney fees, and with counsel approved in writing by City, City and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors in any legal action or claim of any kind based or asserted upon such alleged acts or omissions.

I. State Audit: Pursuant to Government Code Section 8546.7, City and County shall be subject to examination and audit by the State Auditor for a period of three years after final payment by City to County under this Contract. City and County shall retain all records relating to the performance of this Contract for said threeyear period, except that those records pertaining to any audit then in progress, or to any claims or litigation, shall be retained beyond said three-year period until final resolution of said audit, claim or litigation.

J. Notices: Termination notices shall be effective when written and deposited in the United States mail, certified, return receipt requested and addressed as below. All other notices authorized or required by this Contract shall be effective when written and deposited in the United States mail, first class postage prepaid and addressed as follows:
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County of Orange
Sheriff Coroner Department
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CITY: ATTN: CITY MANAGER

CITY OF SAN CLEMENTE
910 CALLE NEGOCIO
SAN CLEMENTE, CA 92673
COUNTY: ATTN: LAW ENFORCEMENT CONTRACT MANAGER

SHERIFF-CORONER DEPARTMENT
320 NORTH FLOWER STREET, SUITE 108
SANTA ANA, CA 92703
-Signature Page to Follow130
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IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the dates opposite their respective signatures:

City: San Clemente
By: Title: City Manager
Print Name: Date:

Attest:

City Clerk
Approved as to Form
By:

City Attorney
County:

By: Title: Chair of the Board of Supervisors
Print Name: Date:

Signed and certified that a copy of this Contract has been delivered to the Chair of the Board Per Government Code section 25103; Resolution 79-1535.

Attest:

Robin Stieler
Clerk of the Board
County of Orange, California
Approved as to Form
Office of the County Counsel
Orange County, California
By:

Deputy
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ATTACHMENT A

SCOPE OF WORK
A. REGULAR SERVICES BY COUNTY:

1. Sheriff shall render to City law enforcement services as hereinafter provided. Such services shall include the enforcement of lawful State statutes and lawful municipal ordinances of City, other than licensing ordinances.

2. The night, day and evening patrol and supervisory shifts will be established by Sheriff. Personnel of each shift may work varying and different times and may be deployed to other shifts when, in the opinion of Sheriff and City Manager, the need arises. Any long-term shift deployment change will be reported to the City Council.

3. The level of service, other than for licensing, to be provided by the County for this Contract is set forth in Attachment C.

4. For any service that is provided to City at less than 100% of a full-time Sheriff position, County retains the option to terminate such service in the event the other City or cities that contract(s) for the balance of the time of the employee providing the service no longer pay(s) for such service and City does not request the Contract be amended to pay 100% of the cost of the employee providing such service. The Maximum Obligation of City will be adjusted accordingly.

5. All services contracted for in this Contract may not be operational on the precise date specified in this Contract. In those instances, Sheriff shall notify City Manager of the date or dates such service or services are to be implemented. If the City pays for a service before its implementation, the County shall provide a credit, based on the vacancy credit rates calculated for that fiscal year, in the City’s final invoice of that fiscal year.

6. During emergencies, such as mutual aid situations, Sheriff will attempt to leave in City the Captain in charge of City Police Services. If Sheriff determines that the Captain is needed elsewhere, Sheriff will notify City’s Manager within four hours. Sheriff will return the Captain to City as soon as possible once the emergency situation is under control.

7. Sheriff shall receive applications for City licenses pursuant to the City’s ordinances in Attachment D and complete investigations relating to such applications. Said investigations shall be forwarded to City Manager who is responsible for the disposition of the application and notification to the applicant. County shall not provide any advisory, administrative, hearing or litigation attorney support or services related to licensing. County shall not provide any administrative or investigatory services related to the licensing ordinances, except the investigations relating to initial applications for which this subsection provides.

8. With the limitations set forth below, Sheriff, on behalf of County, is authorized to execute written amendments to this Contract to increase or decrease the level of service, when Sheriff and City mutually agree that such increase or decrease in the level of service is appropriate. Any such amendment to the Contract shall concomitantly increase or decrease the cost of services payable by City. Sheriff and appropriate City personnel shall file copies of any such amendments to this Contract with the Clerk of County’s Board of Supervisors and City’s Clerk. Except for costs related to Employee Bargaining has defined herein, changes to this Contract executed by Sheriff and City Manager may not, in the aggregate, increase or decrease the cost of services payable by City by more than one percent (1%) of the Maximum Obligation.

B. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY:

1. Enhanced services for events on City property. At the request of City, through its City Manager, Sheriff may provide enhanced law enforcement services for functions, such as community events, conducted on property that is owned, leased or operated by City. Sheriff shall determine personnel and equipment needed for such enhanced services. City shall reimburse County for such additional services, at an amount computed by Sheriff, based on the current year’s County law enforcement cost study. The cost of these enhanced services shall be in addition to the Maximum Obligation of City. Sheriff shall bill City immediately after each such event. 132
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2. Supplemental services for occasional events operated by private individuals and entities on non-City property. At the request of City, through its City Manager, Sheriff may provide supplemental law enforcement services to preserve the peace at special events or occurrences that occur on an occasional basis and are operated by private individuals or private entities on non-City property. Sheriff shall determine personnel and equipment needed for such supplemental services, and will provide such supplemental services only if Sheriff is able to do so without reducing the normal and regular ongoing services that Sheriff otherwise would provide to City pursuant to this Contract. Such supplemental services shall be provided only by regularly appointed full-time peace officers, at rates of pay governed by a Memorandum of Understanding between County and the bargaining unit(s) representing the peace officers providing the services. Such supplemental services shall include only law enforcement duties and shall not include services authorized to be provided by a private patrol operator, as defined in Section 7582.1 of the Business and Professions Code. Law enforcement support functions, including, but not limited to, clerical functions and forensic science services, may be performed by non-peace officer personnel if the services do not involve patrol or keeping the peace and are incidental to the provision of law enforcement services. City shall reimburse County its full, actual costs of providing such supplemental services at an amount computed by Sheriff, based on the current year’s County law enforcement cost study. The cost of these supplemental services shall be in addition to the Maximum Obligation of City. Sheriff shall bill City immediately after each such event.

3. Supplemental services for events operated by public entities on non-City property. At the request of City, through its City Manager, Sheriff may provide supplemental law enforcement services to preserve the peace at special events or occurrences that occur on an occasional basis and are operated by public entities on non-City property.

Sheriff shall determine personnel and equipment needed for such supplemental services, and will provide such supplemental services only if Sheriff is able to do so without reducing services that Sheriff otherwise would provide to City pursuant to this Contract. City shall reimburse County its full, actual costs of providing such supplemental services at an amount computed by Sheriff, based on the current year's County law enforcement cost study. The cost of these supplemental services shall be in addition to the Maximum Obligation of City. Sheriff shall bill City immediately after each such event.

4. Notwithstanding the foregoing, City, through its permit process, may utilize the services of Sheriff at events, for which City issues permits, that are operated by private individuals or entities or public entities. Sheriff shall determine personnel and equipment needed for said events. If said events are in addition to the level of services listed in this Contract, City shall reimburse County for such additional services at an amount computed by Sheriff, based upon the current year’s County law enforcement cost study. The cost of these services shall be in addition to the Maximum Obligation of City. Sheriff shall bill City immediately after said services are rendered.

5. In accordance with Government Code Section 51350, County has adopted Board Resolution 89-1160 which identifies Countywide services, including but not limited to helicopter response. Sheriff through this contract provides enhanced helicopter response services. The cost of enhanced helicopter response services is included in the Maximum Obligation of City. County shall not charge any additional amounts for enhanced helicopter services without written notification to the City.

C. BODY WORN CAMERA AND IN CAR VIDEO:

1. As part of the law enforcement services to be provided to City, County has provided, or will provide, body worn cameras (hereinafter called “BWC”) that will be worn by Sheriff’s personnel and In Car Video (hereinafter called “ICV”) that will be mounted in vehicles designated by Sheriff for use within City service area.

2. Sheriff has the exclusive right to use said BWC and ICV for law enforcement services related to this Contract.

3. City shall pay County the full costs to County of a) the acquisition of BWC and the acquisition and installation of ICV, and b) recurring costs, as deemed necessary by County, including the costs of maintenance and contributions to a fund for replacement and upgrade of such BWC and ICV when they become functionally or technologically obsolete. The costs to be paid by City for recurring costs, including maintenance and replacement/upgrade of BWC and ICV, are included in the costs set forth in the Maximum Obligation of City, unless City has already paid such costs.

4. If, following the initial acquisition of BWC and ICV referenced above, City requires BWC and ICV for additional Sheriff’s personnel or vehicles designated for use in the City service area, County will purchase said additional BWC and ICV. Upon demand by County, City will pay to County a) the full costs of acquisition of 133
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additional BWC and the full cost of acquisition and installation of additional ICV, and b) the full recurring costs for said BWC and ICV, as deemed necessary by County, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such BWC and ICV when they become functionally or technologically obsolete. Said costs related to additional BWC and ICV are not included in, and are in addition to, the costs set forth in the Maximum Obligation.

5. County will replace and/or upgrade BWC and ICV as needed. The costs of replacing/upgrading BWC and ICV shall be paid by County from the replacement/upgrade funds to be paid by City in accordance with the foregoing.

City shall not be charged any additional charge to replace or upgrade BWC and ICV.

D. TRAFFIC VIOLATOR APPREHENSION PROGRAM:

1. County has established a Traffic Violator Apprehension Program (“the Program”), which is operated by Sheriff, and is designed to reduce vehicle accidents caused by unlicensed drivers and drivers whose licenses are suspended and to educate the public about the requirements of the Vehicle Code and related safety issues with regard to driver licensing, vehicle registration, vehicle operation, and vehicle parking. The Program operates throughout the unincorporated areas of the County and in the cities that contract with County for Sheriff’s law enforcement services, without regard to jurisdictional boundaries, because an area-wide approach to reduction of traffic accidents and driver education is most effective in preventing traffic accidents. In order for City to participate in the Program, City has adopted fees pursuant to Vehicle Code Section 22850.5, in the same amount as approved by County, as set forth in the resolution that is Attachment E (hereinafter called a “TVAP resolution”), and has directed that the revenue from such fee be used for the Program. City’s participation in the Program may be terminated at any time by rescission or amendment of its TVAP resolution. In the event City 1) amends said TVAP resolution, or rescinds said TVAP resolution and adopts a new TVAP resolution pertaining to the above-referenced fees and the Program, and 2) remains a participant in the Program thereafter, City’s Manager, on behalf of City, and Sheriff, on behalf of County, have authority to execute an amendment of this Contract to substitute City’s amended or new TVAP resolution for Attachment E to the Contract, as long as said amendment to this Contract does not materially change any other provision of this Contract. As County updates its fees for the Program periodically, County will provide written notice to City of the updated fees. City’s participation in the Program will terminate if City determines not to adopt the updated fees for the Program.

2. County will make available for review, at the request of City, all financial data related to the Program as may be requested by City.

3. Fee revenue generated by County and participating cities will be used to fund the following positions, which will be assigned to the Program:
• Ten one hundredths of one (0.10) Sergeant
(8 hours per two-week pay period)
• One (1) Staff Specialist
(80 hours per two-week pay period)
• One (1) Office Specialist
(80 hours per two-week pay period)

4. Fee revenue generated by City may be used to reimburse City for expenditures for equipment and/or supplies directly in support of the Program. In order for an expenditure for equipment and/or supplies to be eligible for reimbursement, City shall submit a request for and obtain pre-approval of the expenditure by using the form as shown in Attachment F.

The request shall be submitted within the budget schedule established by Sheriff. Sheriff shall approve the expenditure only if both of the following conditions are satisfied: 1) there are sufficient Program funds, attributable to revenue generated by City’s fee, to pay for the requested purchase, and 2) City will use the equipment and/or supplies, during their entire useful life, only for purposes authorized by its TVAP resolution in effect at the time of purchase.
134
County of Orange
Sheriff Coroner Department

In the event that City terminates its participation in the Program, City agrees that the equipment purchased by City and reimbursed by Program funds will continue to be used, during the remainder of its useful life, exclusively for the purposes authorized by City’s TVAP resolution in effect at the time of purchase.

5. In the event the fees adopted by County, City and other participating jurisdictions are not adequate to continue operation of the Program at the level at which it operated previously, County, at the option of City, will reduce the level of Program service to be provided to City or will continue to provide the existing level of Program services.

County will charge City the cost of any Program operations that exceed the revenue generated by fees. Such charges shall be in addition to the Maximum Obligation of City. The amount of any revenue shortfall charged to City will be determined, at the time the revenue shortfall is experienced, according to City’s share of Program services rendered.

In the event of a reduction in level of Program service, termination of Program service or adjustment of costs, the parties shall execute an amendment to this Contract so providing. Decisions about how to reduce the level of Program service provided to City shall be made by Sheriff with the approval of City.

E. MOBILE DATA COMPUTERS:

1. As part of the law enforcement services to be provided to City, County has provided, or will provide, mobile data computers (hereinafter called “MDCs”) that are or will be mounted in patrol vehicles and motorcycles, designated by County for use within City limits.

2. Sheriff has the exclusive right to use said MDCs for law enforcement services related to this Contract.

3. City shall pay County the full costs to County of a) the acquisition and installation of MDCs that are or will be mounted in patrol vehicles and motorcycles assigned to City, and b) recurring costs, as deemed necessary by County, including the costs of maintenance and contributions to a fund for replacement and upgrade of such MDCs when they become functionally or technologically obsolete.

The costs to be paid by City for recurring costs, including maintenance and replacement/upgrade of MDCs, are included in the costs set forth in the Maximum Obligation of City unless City has already paid such costs.

4. If, following the initial acquisition of MDCs referenced above, City requires MDCs for additional patrol cars or motorcycles designated for use in City, or for City’s Emergency Operations Center, County will purchase said additional MDCs. Upon demand by County, City will pay to County a) the full costs of acquisition and installation of said additional MDCs, and b) the full recurring costs for said MDCs, as deemed necessary by County, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such MDCs when they become functionally or technologically obsolete. Said costs related to additional MDCs are not included in, and are in addition to, the costs set forth in the Maximum Obligation of City.

5. County will replace and/or upgrade MDCs as needed. The costs of replacing/upgrading MDCs shall be paid by County from the replacement/upgrade funds to be paid by City in accordance with the foregoing. City shall not be charged any additional charge to replace or upgrade MDCs.

F. E-CITATION UNITS:

1. As part of the law enforcement services to be provided to City, County has provided, or will provide, ECitation units designated by County for use within City limits.

2. Sheriff has the exclusive right to use said E-Citation units for law enforcement services related to this Contract.

3. City shall pay County the full costs to County of a) the acquisition of E-Citation units that are assigned to City, and b) recurring costs, as deemed necessary by County, including the costs of maintenance and contributions to a fund for replacement and upgrade of such E-Citation units when they become functionally or technologically obsolete.

The costs to be paid by City for recurring costs, including maintenance and replacement/upgrade of E-Citation units, are included in the costs set forth in the Maximum Obligation of City unless City has already paid such costs.

4. If, following the initial acquisition of E-Citation units referenced above, City requires additional E-Citation units designated for use in City, County will purchase said additional E-Citation units. Upon demand by County, City will pay to County a) the full costs of acquisition of said additional E-Citation units, and b) the full recurring 135
County of Orange
Sheriff Coroner Department

costs for said E-Citation units, as deemed necessary by County, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such E-Citation units when they become functionally or technologically obsolete. Said costs related to additional E-Citation units are not included in, and are in addition to, the costs set forth in the Maximum Obligation of City.

5. County will replace and/or upgrade E-Citation units as needed. The costs of replacing/upgrading E-Citation units shall be paid by County from the replacement/upgrade funds to be paid by City in accordance with the foregoing.

City shall not be charged any additional charge to replace or upgrade E-Citation units.

G. EQUIPMENT:

1. As part of the law enforcement services to be provided to City, County shall purchase motorcycles and radios that meet certain law enforcement standards as determined by the County (hereinafter “Equipment”).

2. City shall pay County the full costs to County of a) the acquisition of Equipment, b) recurring costs, c) the costs of maintenance, and d) replacement and upgrade of such Equipment when they become functionally or technologically obsolete, as deemed necessary by County. The costs to be paid by City are included in the costs set forth in the Maximum Obligation of City.

3. The Equipment purchased by the County for services to the City shall be the property of the County.

4. Radios and motorcycles previously purchased by the City for County law enforcement services to the City shall be the property of and maintained by the City. Notwithstanding the Indemnification provisions of this Contract, County shall be responsible to City for any damage to City radios and motorcycles caused by County’s act or omission.

H. CITY OFFICE SPACE

1. In consideration of the promises contained herein, City hereby grants to County rent-free use of office space, office furniture, and office equipment and supplies located in City Hall or other City building for the provision of services under this Contract. Said office space, furniture and equipment and supplies shall be used solely by personnel of City and County, while performing their assigned duties related to services under this Contract. City and County shall mutually agree on the precise location, size and type of said office space, office furniture and office equipment supplies. City shall supply all repair, maintenance and janitorial supplies and services to said premises and shall be responsible for all charges for utilities supplied to said premises.

2. City shall be responsible for the cost of fuel used for services in this Contract. City may: 1) provide fuel via the City’s fuel pumps or 2) otherwise pay the County for the provision of fuel in a manner that is acceptable to both Parties. For motorcycles, the City shall pay the County for the provision of fuel in a manner that is acceptable to both Parties. For all other vehicles, City and County shall mutually agree on which method shall be utilized. Limited reimbursement of such costs is included in the costs set forth in Attachment B.

3. Persons detained in City will be booked into the Sheriff Intake-Release Center. Persons will not be booked or housed at the Police Station.
136
County of Orange
Sheriff Coroner Department

ATTACHMENT B

PAYMENT PROVISIONS

1. Compensation: Pursuant to Government Code Section 51350, City agrees to pay to County the full costs of performing the services mutually agreed upon in this Contract. The costs of services include salaries, wages, benefits, mileage, services, supplies, equipment, and divisional, departmental and County General overhead.

The Maximum Obligation of City for services to be provided by the County for the period July 1, 2025 through June 30, 2026 shall be $22,690,270 (herein “Maximum Obligation”). The County shall provide the City with a new Maximum Obligation prior to the start of the new fiscal year term for the remaining fiscal years included in this Contract Term, if applicable.

The overtime costs included in the Contract are only an estimate. Sheriff shall notify City of actual overtime worked during each fiscal year. If actual overtime worked is above or below budgeted amounts, billings will be adjusted accordingly at the end of the fiscal year. Actual overtime costs may exceed City’s Maximum Obligation.

2. Invoice: County shall invoice City monthly and will require payment by City of one-twelfth (1/12) of the Maximum Obligation of City. If a determination is made that increases due to Employee Bargaining must be paid, County thereafter shall include the pro-rata charges for such increases in its monthly invoices to City for the balance.

3. Employee Bargaining: At the time this Contract is executed, there may be unresolved issues pertaining to potential changes in salaries and benefits for County employees. If changes result in the County incurring or becoming obligated to pay for increased costs for or on account of personnel whose costs are included in the calculations of costs charged to City hereunder, City shall pay County, the full costs of said increases to the extent such increases are attributable to work performed by such personnel after the starting date of this Contract. City shall pay County in full for such increases on a pro-rata basis over the portion of the Contract term remaining after County notifies City that increases are payable.

If City is required to pay for such increases, County, at the request of City, will thereafter reduce the level of service provided to City to a level that will make the Maximum Obligation of City an amount specified by City.

The purpose of such adjustment of service levels will be to give City the option of keeping its Maximum Obligation hereunder at the pre-increase level or at any other higher or lower level specified by City. In the event of such reduction in level of service and adjustment of costs, the parties shall execute an amendment to this Contract. Decisions about how to reduce the level of service provided to City shall be made by Sheriff with the approval of City.

4. Billing Policy: City shall pay County in accordance with County Board of Supervisors’ approved County Billing Policy dated October 27, 1992. The provisions of the policy, including a discount for early payment, shall apply to this Contract. Payments made electronically via a credit card or through a banking system that charges Merchant Fees, Service Fees, or any other Fees shall be the responsibility of the City. If the County is charged any of the before mentioned fees, the City shall be responsible for payment of these fees to the County.

5. Late Penalties: County shall charge City late payment penalties in accordance with County Billing Policy.

6. Licensing Payments: As payment for the Licensing Services described in this Contract, County shall retain all fees paid by applicants for licenses pursuant to City ordinances. Retention of said fees by County shall constitute payment in full to County for costs incurred by County in performing the functions related to licensing; provided, however, that if any of said fees are waived or reduced by City, City shall pay to County the difference between the amount of fees retained by County and the fees that were set forth in the City’s ordinances at the time this Contract was executed. If City increases the fee schedule for the licensing ordinances, either party shall have the right to seek amendment of this Contract with respect to the division of the increased fees between City and County.

7. Fees: Fees generated or collected by Sheriff contract personnel for response to false alarms or copying of documents related to the services provided in this Contract will be at County-established rates and will be credited to City on an annual basis. Narcotic asset forfeitures will be handled pursuant to Attachment G. 137

ORANGE COUNTY SHERIFF-CORONER

LAW ENFORCEMENT CONTRACT

CITY OF SAN CLEMENTE
FY 2025-26

LEVEL OF SERVICE

ATTACHMENT C
Title Detail Quantity
Cost of Service
(each)
Cost of Service
Total
MANAGEMENT:

Captain 1.00 $ 521,596 $ 521,596
SUPERVISION:

Sergeant Administrative 1.00 $ 414,812 $ 414,812
Sergeant Patrol 4.00 $ 414,812 $ 1,659,248
INVESTIGATION SERVICES:

Investigator 4.00 $ 409,839 $ 1,639,356
PATROL , COMMUNITY SUPPORT, SPECIAL ENFORCEMENT, TRAFFIC AND PARKING SERVICES*:

Deputy Sheriff II Patrol, DET, & SRO 39.00 $ 333,894 $ 13,021,866 Deputy Sheriff II - Motor Traffic 2.00 $ 344,488 $ 688,975 ADDITIONAL SERVICES:

Community Services Officer Parking Control 4.00 $ 160,709 $ 642,836 Staff Specialist 1.00 $ 141,603 $ 141,603
Office Specialist City Support Services 1.00 $ 119,803 $ 119,803 Crime Prevention Specialist 1.00 $ 126,634 $ 126,634
TOTAL POSITIONS 58.00 $ 18,976,729
REGIONAL / SHARED STAFF:

Title Regional Team Quantity % Allocation Cost $
TRAFFIC:

Sergeant Traffic 0.60 11.30% $ 35,768
Investigator Traffic 1.00 11.30% $ 41,160
Deputy Sheriff II Traffic 3.00 11.30% $ 145,501
Investigative Assistant Traffic 2.00 11.30% $ 42,267
AUTO THEFT:

Sergeant Auto Theft 0.30 12.55% $ 19,794
Investigator Auto Theft 2.00 12.55% $ 104,673
Investigative Assistant Auto Theft 1.00 12.55% $ 23,137 Office Specialist Auto Theft 1.00 12.55% $ 17,686
DET:

Sergeant DET 1.00 9.06% $ 49,309
Investigator DET 1.00 9.06% $ 43,900
COURTS:

Investigative Assistant Courts 2.00 25.06% $ 86,401
MOTORCYCLE (shared Supervision):

Sergeant Motorcyle Supervision 1.00 7.55% $ 36,286
TOTAL REGIONAL/SHARED 15.90 $ 645,882
OTHER CHARGES AND CREDITS):

OTHER CHARGES:

Other Charges include: Annual leave paydowns and apportionment of cost of leave balances paid at end of employment; Body Worn Camera (BWC) and In Car Video (ICV); contract administration; data line charges; enhanced helicopter response services; E -Citation recurring costs for four (4) units; holiday pay; Integrated Law & Justice of Orange County fees; Mobile Data Computer (MDC) recurring cost for twenty-eight (28) units; overtime; patrol training cost allocation; premium pay for bilingual staff, education incentive pay, MART pay and on-call; services and supplies; and transportation charges.

CREDITS:

Credits include: AB 109 (2011 Public Safety Realignment); estimated vacancy credits; False Alarm fees, reimbursement for training and miscellaneous programs.

TOTAL OTHER CHARGES AND CREDITS $ 3,067,659
TOTAL COST OF SERVICES $ 22,690,270

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ATTACHMENT '

CITY OF SAN CLEMENTE

LICENSING
ORDINANCE NO. 1704

MASSAGE ESTABLISHMENTS

Pa
ge 5 of 5 143

ATTACHMENT E
RESOLUTION NO. 24-169

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA,

APPROVING A REVISED ADMINISTRATIVE FEE

FOR VEHICLE REMOVAL, IMPOUND, STORAGE OR

RELEASE BY THE ORANGE COUNTY SHERIFF'S

DEPARTMENT FOR THE TRAFFIC VIOLATOR

APPREHENSION PROGRAM (TVAP) IN THE CITY

OF SAN CLEMENTE
WHEREAS, the Orange County Sheriff-Coroner ("the Sheriff') has instituted a Traffic Violator Apprehension Program designed to reduce vehicle accidents caused by unlicensed drivers and drivers whose licenses are suspended and to educate the public about the requirements of the Vehicle Code and related safety issues with regard to driver licensing, vehicle registration, vehicle operation, and parking; and WHEREAS, the Sheriff operates the Traffic Violator Apprehension Program in the unincorporated areas of Orange County and in cities of Orange County (such as the City of San Clemente) that contract for the Sheriff's law enforcement services; and WHEREAS, the operation of the Traffic Violator Apprehension Program on an area-wide basis without regard to jurisdictional boundaries between the County and contract cities serves the public purpose of the City because drivers routinely cross jurisdictional boundaries, making an area-wide approach to reduction of traffic accidents and driver education most effective in preventing traffic accidents in all participating jurisdictions; and
WHEREAS, the Sheriff impounds numerous and various vehicles removed from highways, public property, or private property in the unincorporated areas of Orange County in Cities that contract for the Sheriff's law enforcement services during the normal course of duty; and
WHEREAS, the Sheriff impounds said vehicles pursuant the authority under California Vehicle Code as follows:

Vehicle Code Section and Impound Ground
14602.6 Suspended, revoked or unlicensed driver/30-day hold 22651 (a) Unattended vehicle on bridge
22651 (d) Vehicle blocking driveway
22651 (e) Vehicle blocking fire hydrant
22651 (f) Vehicle blocking freeway
22651 (h) (1) Driver arrested
22651 (h) (2) Order of suspension or revocation pursuant to section 13388 144
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22651 (i) (1) Multiple parking citations
22651 U) Lack of vehicle registration
22651 (k) Parking over seventy-two hours
22651 (I) Parking in a construction zone
22651 (m) Violation of special events restriction
22651 (n) No parking zone
22651 (o) (1) Vehicle registration is incorrect, falsified or expired by more than six months
22651 (p) Driver unlicensed or license suspended
22651 (r) Vehicle blocking another vehicle
22651 (t) Notice to appear/illegal amber lights
22651 (u) Acting as a car dealer without a license or temporary permit 22651 (v) Illegally letting stand a mobile billboard advertisement 22651 (w) Second or subsequent violation of an ordinance 22655.3 Removal for investigation (fleeing in violation of section 2800.1 or 2800.2)
22655.5 (a) Vehicle was used as the means of committing a public offense 22655.5 (b) Vehicle is evidence of crime
22669 Abandoned vehicle
WHEREAS, Vehicle Code Section 22850.5 authorizes the Orange County Board of Supervisors, by resolution, to establish a fee equal to the administrative costs relating to the removal, impound storage or release of properly impounded vehicles; and WHEREAS, the Orange County Board of Supervisors adopted a fee pursuant to Vehicle Code section 22850.5 on November 17, 2020, through the adoption of Resolution No. 20-161, which established a fee in the amount of $144 when a vehicle of a license and unlicensed driver is removed and/or impounded; and
WHEREAS, on May 4, 2021, the San Clemente City Council adopted Resolution No. 21-11, which authorized the Sheriff to collect fees in the City in connection with the Traffic Violator Apprehension Program in amounts identical to the County's fees as set forth in County Resolution No. 20-161; and
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WHEREAS, in 2024, a cost study conducted by the Sheriff showed that the administrative cost relating to the removal, impound storage or release of vehicles impounded pursuant to the Vehicle Code has increased to $174.00 per removal; and WHEREAS, based upon the cost study, the Orange County Board of Supervisors adopted a fee pursuant to Vehicle Code section 22850.5 on June 25, 2024, through the adoption of Resolution No. 24-085, which established a fee in the amount of $174 when a vehicle of a license and unlicensed driver is removed and/or impounded; and WHEREAS, the Sheriff is requesting adoption by city councils of each of the contract cities (such as the City of San Clemente) with the Sheriff for law enforcement services of fee identical to those described herein; and WHEREAS, Sheriff requests authorization of an annual administrative fee adjustment for removal, impound, storage or release of vehicles, effective July 1st of year, starting 2025, not to exceed the annual percentage of the Los Angeles-Long BeachAnaheim "all items" Consumer Price Index, provided that the amount does not exceed the actual costs to the Sheriff as determined by additional cost studies prepared for the fee adjustment will ensure the Sheriff's cost recovery. This will allow the Sheriff to have cost recovery for the removal, impound, storage or release of vehicles; and WHEREAS, persons whose vehicles are impounded, rather than the public as a whole, should bear the administrated costs of processing such impound; and WHEREAS, Vehicle Code Section 22850.5 imposed the following restrictions on the imposition of this administrative fee:
a) The fee may only be imposed on the registered owner or the agents of that owner and may not include any vehicle towed under an abatement program or sold at a lien sale pursuant to Sections 3068.1 to 3074, inclusive, of the Civil Code and Section 22851 of the Vehicle Code unless the sale is sufficient in amount to pay the lienholder's total charges and proper administrative costs; and
b) Any charges shall be collected by the local or state authority only from the registered owner or an agent of the registered owner; and c) The charges shall be in addition to any other charges authorized or imposed pursuant to this code; and
d) The fee does not include any administrative costs associated with conducting a hearing or appeal relating to the removal, impound, storage, or release of a vehicle; and
WHEREAS, it is unfair to impose the administrative fee authorized by Vehicle Code section 22850.5 in the following circumstances: 1) when the vehicle was left because it became inoperable while being driven, if the owner makes good faith attempts promptly to remove the vehicle from location where it is not permitted, 2) when the vehicle was stolen, 3) when the vehicle was left by an ill or injured driver, and 4) when it is demonstrated to the satisfaction of the Sheriff or his/her designee that neither the 146
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Resolution No. 24-169 Page 4
registered owner of the vehicle nor his/her agent, if any, was at fauIt in creating the circumstances leading to the impounding of the vehicle; and WHEREAS, the City Council desires to update the Traffic Violator Apprehension Program fee to match the County and further desires for the Sheriff to continue to collect the fee on behalf of the City. Continuing with such a practice will ensure that persons whose vehicles are impounded, rather than the public as a whole, will bear the administrative costs of such impounds; and
WHEREAS, a notice of public hearing with respect to the proposed new Traffic Violator Apprehension Program fee provided herein was given according to law; and WHEREAS, a duly notice public hearing pertaining to the new Traffic Violator Apprehension Program fee was held on November 19, 2024.

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 on November 19, 2024, the administrative fee indicated below shall become effective for the removal, impound, storage, or release of vehicles properly impounded after removal from locations in the City in accordance with or on account of provisions of the Vehicle Code listed below:

A fee of $174.00 for each removal of a vehicle in accordance with or on account of violation of Vehicle Code sections:
14602.6 Suspended, revoked or unlicensed driver/30-day hold 22651 (a) Unattended vehicle on bridge
22651 (d) Vehicle blocking driveway
22651 (e) Vehicle blocking fire hydrant
22651 (f) Vehicle blocking freeway
22651 (h) (1) Driver arrested
22651 (h) (2) Order of suspension or revocation pursuant to section 13388 22651 (i) (1) Multiple parking citations
22651 U)
22651 (k)
22651 (I)
Lack of vehicle registration
Parking over seventy-two hours
Parking in a construction zone
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22651 (m) Violation of special events restriction
22651 (n) No parking zone
22651 (o) (1) Vehicle registration is incorrect, falsified or expired by more than six months
22651 (p) Driver unlicensed or license suspended
22651 (r) Vehicle blocking another vehicle
22651 (t) Notice to appear/illegal amber lights
22651 (u) Acting as a car dealer without a license or temporary permit 22651 (v) Illegally letting stand a mobile billboard advertisement 22651 (w) Second or subsequent violation of an ordinance 22655.3 Removal for investigation (fleeing in violation of section 2800.1 or 2800.2)
22655.5 (a) Vehicle was used as the means of committing a public offense 22655.5 (b) Vehicle is evidence of crime
22669 Abandoned vehicle
SECTION 3. The Sheriff is authorized to collect the fee established herein, on behalf of the City, at the time of release of vehicles that are subject to the fee.

SECTION 4. The fee established herein shall only be imposed on the registered owner or the agent of the owner of the impounded vehicle, shall not include any vehicle towed under an abatement program or sold at a lien sale pursuant to Sections 3068.1 to 3074, inclusive, of the Civil Code and Section 22851 of the Vehicle Code, unless the sale is sufficient in amount to pay the lienholder's total charges and proper administrative costs.

SECTION 5. The fee established herein shall be collected only from the registered owner or an agent of the registered owner and that said fee is in addition to any other charges authorized or imposed pursuant to the Vehicle Code.

SECTION 6. The fee established herein complies with Vehicle Code Section 22850.5 (b)(4) as the cost study conducted by the Sheriff that supports the $174.00 per removal fee did not include administrative costs for conducting a hearing or appeal related to the removal, impound, storage, or release of a vehicle.

SECTION 7. The Sheriff shall not impose the fee established herein in any of the following circumstances: (a) when the vehicle was left because it became inoperable while being driven, if the owner made good faith attempts promptly to remove the vehicle 148
4890-6719-9214 v2
Resolution No. 24-169 Page 6
from a location where it was not permitted: (b) when the vehicle was stolen; (c) when the vehicle was left by an ill or injured driver; or (d) when it is demonstrated to the satisfaction of the Sheriff or his/her designee that neither the registered owner of the vehicle nor his/her agent, if any, was at fault in creating the circumstances leading to the impounding of the vehicle.

SECTION 8. A registered owner or an agent of a registered owner who believes he/she/they are exempt from the fee established herein under any of the criteria listed in Section 7 above may apply in writing for a waiver of the fee and shall present such supporting information or documentation, as the Sheriff may request, to the City's Administrative Sergeant. Upon the presentation of a written application for waiver of said fee, together with such supporting documentation as may be requested by the Sheriff, the Administrative Sergeant or his/her designee shall determine promptly whether the applicant meets the criteria for a waiver of the fee and if so, shall waive the fee.

SECTION 9. Until further order of the City Council, the Sheriff is directed to deposit the proceeds of the fee established herein into Traffic Violator Fund in the County Treasury. Proceeds from the Traffic Violator Fund shall be used in conformance with the County's restrictions for the same as well as in conformance with any applicable provisions set forth in the City's agreement with the County for the Sheriff's law enforcement services.

SECTION 10. That expenditures from the Traffic Violator Fund only include personnel costs who perform duties associated with the removal, storage, impound and release of vehicles.

SECTION 11. That until further order of the City Council, the Board of Supervisors is authorized to carry forward in the Traffic Violator Fund and accumulate any balance of proceeds of fees imposed by this Resolution that remains at the end of a fiscal year, as long as such fee proceeds will be used for the purposes provided herein.

SECTION 12. That the Sheriff is authorized to make an annual fee change effective July P1 of each year, starting in July 2025, that adjusts the fee set forth in this Resolution, by an amount not to exceed the annual percentage on the Los Angeles-Long Beach-Anaheim "all items" Consumer Price Index, provided that the amount does not exceed the Sheriff's cost as determined by additional cost studies prepared for the fee adjustment.

SECTION 13. That the annual fee change by the Sheriff will, without further action, be incorporated and adopted automatically by the City of San Clemente July 1 of each year or other effective date established and adopted by the Orange County Board of Supervisor and authorized by the Sheriff in the amounts so approved and adopted.

SECTION 14. That Resolution 21-11 and any other resolution in conflict herewith are hereby repealed and of no further force or effect. This Resolution supersedes Resolution No. 21-11.

SECTION 15. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 149
Resolution No. 24-169 Page 7
PASSED AND ADOPTED this 19th day of November, 2024.

C Clerk of the City of
San Clemente, California
Mayor of the 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. 24-169 was adopted at a regular meeting of the City Council of the City of San Clemente held on the 19th day of November 2024, by the following vote:

YES: DUNCAN, ENMEIER, KNOBLOCK, LOEFFLER, MAYOR CABRAL
NOES: NONE
ABSENT: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed City of San Clemente, California, this  day of C €A/V\ "b official seal of the
' 2-oZ-lj .

LERK of the City of
San Clemente, California
Approved as to form:
150

ATTACHMENT F

ORANGE COUNTY SHERIFF-CORONER

TRAFFIC VIOLATOR APPREHENSION PROGRAM

R E Q U E S T

CONTRACT CITY
Participating City Request to Purchase From the TVA in FY Date

APPLICABILTY

QUANTITY ITEM DESCRIPTION TO TVA PROGRAM ESTIMATED COST C ER TI FI CA T IO NTHE CITY CERTIFIES THAT THE EQUIPMENT PURCHASED BY CITY AND TO BE REIMBURSED BY PROGRAM FUNDS WILL BE USED FOR ITS ENTIRE USEFUL LIFE EXCLUSIVELY FOR THE PURPOSES OF THE TRAFFIC VIOLATOR APPREHENSION PROGRAM CITY MANAGER REQUEST: Printed Name Signature: DATE

L S P P R O V A A

ORANGE COUNTY SHERIFF-CORONER DEPARTMENT
Recommended For Approval
CITY POLICE SERVICES CHIEF MANAGER – TVA PROGRAM
OCSD

BUDGETUSE ONLY
151