RESOLUTION NO. 26-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE APPROVING AN EXEMPTION TO THE FORMAL SOLICITATION PROCESS, APPROVING A MEMORANOM OF UNDERSTANDING WITH THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY TO PROVIDE AN UPDATED SELF EVALUATION AND TRANSITION PLAN, APPROPRIATING $263,350 TO ACCOUNT NO. 001-421-43890, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the City of San Clemente is committed to ensuring that all City programs, services, facilities and rights of way are accessible to persons with disabilities; and WHEREAS, the Americans with Disabilities Act of 1990 (ADA) is a federal civil rights law that prohibits discrimination on the basis of disability in public programs. services, facilities and rights of way provided by public entities; and WHEREAS, Title II of the ADA and its implementing regulations contained in Title 28 CFR Part 35 require public entities to evaluate their current services, policies, practices, and facilities to determine compliance with ADA requirements; and WHEREAS, public entities employing fifty (50) or more persons are required to develop and maintain an ADA self-evaluation and transition plan identifying physical barriers and outlining a schedule and method for their removal where such removal is necessary to achieve program accessibility; and WHEREAS, the City previously prepared an ADA self-evaluation and transition plan and periodic updates are necessary to ensure continued compliance with federal accessibility requirements and to incorporate update facility inventories, accessibility standards and programmatic accessibility practices; and WHEREAS, the update process will include evaluation of City owned facilities, public rights of way, programs and services, and administrative policies related to accessibility, as well as opportunities for public participation by individuals with disabilities and disability advocacy organizations; and WHEREAS, the City Council desires to formally authorize the preparation of an updated self-evaluation and transition plan to guide the City’s ongoing accessibility improvements; and WHEREAS, this item is not a project pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15378, as it involves administrative and fiscal considerations without direct physical environmental impact, and is thus exempt from CEQA; and WHEREAS, the California Joint Powers Insurance Authority (CJPIA), in partnership with Disability Access Consultants (DAC) offers member agencies a comprehensive ADA self-evaluation and transition plan at a negotiated, discounted rate; and WHEREAS, the City’s Purchasing Policies and Procedures No. 201-2-1 (Section XI. A.1.1.14) provides for an exemption to the formal and informal solicitation process when, “participating in a cooperative purchasing agreement or program, or using a competitively awarded agreement of another local, state, or federal government agency or joint powers authority made up of government agencies to obtain the same supplies, equipment or services at the same or lower prices,” and engaging in this cooperative agreement through CJPIA is in the City’s best interest, as it will expedite the process of engagement with a highly qualified firm and reduce the overall cost and timeline of the project.
NOW THEREFORE, the City Council of the City of San Clemente, California, does hereby find, determine, and resolve as follows:
SECTION 1. That the foregoing recitations are true, correct, and incorporated fully herein.
SECTION 2. That the City Council approves an exemption to the formal solicitation process within the City’s Purchasing Policies and Procedures No. 201-2-1 (reference Section XI. A.1.1.14) because the California Joint Powers Insurance Authority (CJPIA) has an established partnership with Disability Access Consultants to prepare ADA Self-Evaluation and Transition Plans, CJPIA’s fee is fair and reasonable, and CJPIA is partially funding this plan, and there is no reasonable possibility of obtaining better prices commensurate with the time and effort that would be expended for a formal solicitation.
SECTION 3. The City Council hereby approves the Memorandum of Understanding between the City of San Clemente and the California Joint Powers Insurance Agency in an amount of $286,850, with the City’s portion of cost being $263,350, and authorizes and directs the City Manager to execute such agreement in a form substantially similar to that presented to the City Council on April 21, 2026.
SECTION 4. The City Council hereby approves a supplemental appropriation of up to $263,350 from General Fund Account No. 001-636-45900 to Account No. 001-421-43890.
SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this ______ day of __________, 2026.
ATTEST:
___________________________
City Clerk of the City of
San Clemente, California
__________________________
Rick Loeffler, 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. 26-74 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
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Resolution No. 26-74 Page 2
Attachment 1