Agenda packet — San Jacinto City Council, May 7, 2024 (part 2 of 3)

ORDINANCE NO. 24-04

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF SAN JACINTO )

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN JACINTO AMENDING CHAPTER 3.08 OF THE

SAN JACINTO MUNICIPAL CODE RELATED TO

BIDDING, CONTRACTING AND PURCHASE OF

SUPPLIES, SERVICES AND EQUIPMENT
WHEREAS, Government Code section 54202 requires all cities to adopt policies and procedures, including bidding regulations, governing purchases of supplies and equipment by the city; and
WHEREAS, the City of San Jacinto (“City”) has adopted purchasing policies and regulations in accordance with section 54202, which have been codified at Chapter 3.08 of the San Jacinto Municipal Code; and
WHEREAS, effective August 2, 2001, the City elected to be subject to the procedures contained at Public Contract Code sections 22000 et seq., known as the California Uniform Public Construction Cost Accounting Act or “CUPCCAA”, for contracting for work on “public projects” as defined in the Act; and WHEREAS, the City Council desires to update Chapter 3.08 to align it with the requirements of CUPCCAA and its formal and informal bidding procedures along with removing any reference to a “purchasing officer”.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference as findings in support of this Ordinance.

SECTION 2. Amendment. The following shall be added in its entirety to Chapter

3.08 of the San Jacinto Municipal Code to read as follows:
“F. Contractors List. The city shall compile and maintain a list of qualified contractors identified according to categories of work eligible to submit bids on informal contracts awarded by the city. This list shall comply with the requirements of the Act and the criteria promulgated, from time to time, by the Commission.

G. Approval of Plans and Designs. The city council shall adopt and approve plans, specifications, and working details for public projects procured by formal bidding procedures. For all other public projects, including emergency and change order work,

3.A.5.a
Packet Pg. 158 Attachment: Ordinance 24-04 Purchasing Ordinance Clean-Up (Second Reading of Ordinance No. 24-04, An Ordinance Amending Chapter 3.08 Ordinance No. 24-04

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the city engineer, or designee, is authorized to adopt and approve plans, specifications, and working details.

H. Informal Bidding Procedures – Notice. When a public project is to be performed which qualifies for informal bidding, notice of such project shall be given as follows except where the product or service is proprietary:

1. Mailed notice shall be sent to all contractors on the contractors list for the category of work being bid;

2. Mailed notice shall be given to at least the minimum number of the construction trade journals specified by the Commission for the receipt of such notice for Riverside County; or

3. Both of the above and such other additional notice as may be determined in the discretion of the city.

If the product or service to be acquired is proprietary in nature such that it can only be obtained from a certain contractor or contractors, notice inviting bids may be sent only to such contractor or contractors provided the requirements of Public Contract Code section 3400 are complied with.

All mailing of notices to contractors and construction trade journals shall be completed not less than ten (10) calendar days before bids are due.

The notice shall at a minimum describe the project in general terms, how to obtain more detailed information about the project and state the time and place for submission of bids.

I. Formal Bidding Procedures – Notice. When a public project is to be performed which is subject to formal bidding, notice of such project shall be given as follows:

1. Notice shall be published in a newspaper of general circulation, printed and published in the jurisdiction of the city, or, if there is no newspaper printed and published within the jurisdiction of the city, in a newspaper of general circulation which is circulated within the city, at least fourteen (14) calendar days before bids are due; and

2. Mailed notice shall be given to at least the minimum number of the construction trade journals specified by the Commission for the receipt of such notice for Riverside County at least fifteen (15) calendar days before bids are due.

3. Additional notice to other contractors, trade journals or publications may, in the discretion of the city, be given.

3.A.5.a
Packet Pg. 159 Attachment: Ordinance 24-04 Purchasing Ordinance Clean-Up (Second Reading of Ordinance No. 24-04, An Ordinance Amending Chapter 3.08 Ordinance No. 24-04

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The notice shall state the time and place for the receiving and opening of bids and distinctly describe the project.

J. Informal and Formal Bidding Procedures. The following shall apply to both informal bidding procedures and formal bidding procedures:

1. Rejection of Bids. The city manager or city council, as the case may be, may, in the city manager’s or city council’s sole discretion, reject all bids and proceed as authorized by the Act

2. Award of Contracts.
a. The city shall review all bids received for completeness, accuracy, responsiveness to the invitation and bid documents, and the city’s experience with or knowledge of the qualification and reliability of each bidder.
b. If awarded, the contract shall be awarded to the lowest responsible bidder. If no bids are received, the project may be performed by employees of the city by force account or by negotiated contract without further complying with this chapter.
c. If all bids received are in excess of the informal bidding limit, the city council may, by adoption of a resolution by a four-fifths (4/5) vote, award the contract, at or below the provisional limit set forth in Public Contract Code section 22034(d), to the lowest responsible bidder, if it determines that the city's cost estimate was reasonable. d. If two (2) or more bids received are the same and the lowest, the city manager or city council, as the case may be, may accept the bid it chooses.”
SECTION 3. Amendment. Chapter 3.08.090 of the San Jacinto Municipal Code is hereby amended to read in full as follows:
“3.08.090 Surplus supplies and equipment.

All using departments shall submit to the city manager or designee at such times and in such form as he/she shall prescribe reports showing all supplies, materials and equipment which are no longer used or which have become obsolete or worn out.

A. The city manager or designee shall have authority to sell as surplus all supplies, materials and equipment which cannot be used by any agency or which have become unsuitable for city use, or to exchange the same for, or trade in the same on, new supplies, materials and equipment. The sale of surplus supplies and equipment shall be made pursuant to rules prescribed by the city manager or designee, and only after

3.A.5.a
Packet Pg. 160 Attachment: Ordinance 24-04 Purchasing Ordinance Clean-Up (Second Reading of Ordinance No. 24-04, An Ordinance Amending Chapter 3.08 Ordinance No. 24-04

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authorization from the city council as to any items of an estimated value of ten thousand dollars ($10,000.00) or more.

B. Surplus supplies and equipment may be sold to the public if so prescribed by the city manager and/or the city council. City officials and employees and their immediate families, however, shall not be eligible to purchase such surplus items.” SECTION 4. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15061(c)(3) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15060(c)(3) and 15378 (the activity is not a project under CEQA) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 6. Publication. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once, in a newspaper of general circulation, published and circulated in the City of San Jacinto, California.

SECTION 7. Effective Date. This Ordinance takes effect thirty (30) days from and after the date of its passage.

3.A.5.a
Packet Pg. 161 Attachment: Ordinance 24-04 Purchasing Ordinance Clean-Up (Second Reading of Ordinance No. 24-04, An Ordinance Amending Chapter 3.08 Ordinance No. 24-04

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PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council on the 7
th day of May 2024, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

CITY OF SAN JACINTO:
________________________________
Phil Ayala, Mayor
City of San Jacinto
ATTEST:
__________________________________
Julia Espinoza, City Clerk
APPROVED AS TO FORM:

BEST BEST & KRIEGER, LLP
__________________________________
Craig Hayes, City Attorney

3.A.5.a
Packet Pg. 162 Attachment: Ordinance 24-04 Purchasing Ordinance Clean-Up (Second Reading of Ordinance No. 24-04, An Ordinance Amending Chapter 3.08 Ordinance No. 24-04

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF SAN JACINTO )
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Ordinance No. 24-04 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 7
th day of May 2024, by the following
vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND OFFICIAL SEAL this 7
th day of May 2024.
________________________________
Julia Espinoza, City Clerk
City of San Jacinto

3.A.5.a
Packet Pg. 163 Attachment: Ordinance 24-04 Purchasing Ordinance Clean-Up (Second Reading of Ordinance No. 24-04, An Ordinance Amending Chapter 3.08 May 7, 2024
TO: City Council
REQUESTED BY: Erika Gomez, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Ordinance No. 24-07 Second Reading - CFD 2003-1 Annex 69 LGI Homes
RECOMMENDATION:

Staff recommends that the City Council conduct the second reading and adopt Ordinance No. 24-07:

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SAN JACINTO LEVYING A SPECIAL TAX

WITHIN CITY OF SAN JACINTO COMMUNITY
FACILITIES DISTRICT NO. 2003-1, INCLUDING

CERTAIN ANNEXATION TERRITORY
DISCUSSION:

At the February 20, 2024, City Council meeting, the City Council adopted Resolution No. 4008, declaring their intention to annex territory, residential developement known as LGI Homes, into Community Facilities District 2003-1 (CFD 2003-1), based upon a petition from the property owners.

On April 2, 2024, the City Council held a public hearing and conducted the Special Annexation Landowner Election. Upon conducting the election, one affirmative vote was received from the property owner, and Annexation No. 69 was complete. The City Council also introduced Ordinance No. 24-07, authorizing the levy of special taxes in CFD 2003-1, including the newly annexed area. This second reading and adoption of Ordinance No. 24-07 is required to allow for the levy of special taxes related to this newly annexed area in the future.

FISCAL IMPACT:

The revenue received from the special tax will assist in offsetting the cost of increased police protection and fire protection, and suppression services necessitated by development of the annexed territory. As applicable, special taxes are collected and increased annually based on the percentage change in the Consumer Price Index, with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per fiscal year thereafter. Failure to approve Ordinance 24-07 would result in the inability to collect the annual special taxes, and the public safety costs of the territory would have to be borne by the City’s General Fund.

ATTACHMENTS:

3.A.6
Packet Pg. 164
Ordinance No. 24-07 - CFD 2003-1 Annex. No. 69
CFD 2003-1 Annex. No. 69 - Introducing Ordinance 24-07

3.A.6
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Ordinance No. 24-07

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ORDINANCE NO. 24-07

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF SAN JACINTO )

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF SAN JACINTO LEVYING A SPECIAL TAX WITHIN

CITY OF SAN JACINTO COMMUNITY FACILITIES
DISTRICT NO. 2003-1, INCLUDING CERTAIN

ANNEXATION TERRITORY
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 69
WHEREAS, the City of San Jacinto (the “City”) has conducted proceedings pursuant to the Mello-Roos Community Facilities Act, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”) to establish “City of San Jacinto Community Facilities District No. 2003-1” (the “CFD”) for the purpose of financing certain municipal services (the “Services) as provided in the Act; and
WHEREAS, the City has conducted proceedings to annex territory into the CFD and, in connection therewith, approved supplements to the Original Rate and Method (as supplemented, the “Rate and Method”);

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO as follows:

SECTION 1: By the passage of this Ordinance, pursuant to the Act, the Council hereby authorizes and levies the Special Tax within the CFD, including all territory annexed into the CFD prior to the date hereof, at the rate and in accordance with method set forth in the Rate and Method, which rate and method are by this reference incorporated herein.

The Special Tax has previously been levied in the original territory of the CFD beginning in fiscal year 2004-05 and the Special Tax is hereby levied commencing in fiscal year 2023-24 in the territory annexed to the CFD subsequent to formation of the CFD, and in each fiscal year thereafter to pay for the Services for the CFD and all costs of administering the CFD.

The City Council hereby ratifies the levy of special taxes within the CFD pursuant to the Act, at the rate and in accordance with the Rate and Method, in fiscal years 2004-05 through 2023-24.

SECTION 2: The City Manager or designee, or an employee or consultant of the City, is hereby authorized and directed each fiscal year to determine the specific Special Tax to

3.A.6.a
Packet Pg. 166 Attachment: Ordinance No. 24-07 - CFD 2003-1 Annex. No. 69 (Ordinance No. 24-07 Second Reading - CFD 2003-1 Annex 69 LGI Homes) Ordinance No. 24-07

Page 2 of 4 ends

be levied for the next ensuing fiscal year for each parcel of real property within the CFD, including all territory annexed to the CFD prior to the date hereof, in the manner and as provided in the Rate and Method.

SECTION 3: Exemptions from the levy of the Special Tax shall be as provided in the Resolution of Formation, the Rate and Method and the applicable provisions of the Act.

In no event shall the Special Tax be levied on any parcel within the CFD in excess of the maximum Special Tax specified in the Rate and Method.

SECTION 4: All of the collections of the Special Tax shall be used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of costs of the Services, the payment of the costs of the City in administering the CFD, and the costs of collecting and administering the Special Tax.

SECTION 5: The Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the Council may provide for other appropriate methods of collection by resolution(s) of the Council. The City Manager of the City (or the City Manager’s designee) is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Riverside in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be included on the secured property tax roll of the County of Riverside for fiscal year 2023- 24 and for each fiscal year thereafter, as set forth above, until no longer required to pay for the Services or until otherwise terminated by the City.

SECTION 6: If for any reason any portion of this Ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel within the CFD, including all territory annexed to the CFD prior to the date hereof, by a court of competent jurisdiction, the balance of this Ordinance and the application of the Special Tax to the remaining parcels within the CFD, including all territory annexed to the CFD prior to the date hereof, shall not be affected.

SECTION 7: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published immediately after its passage at least once in a newspaper of general circulation circulated in the City.

SECTION 8: This Ordinance shall become effective (30) days following its passage and adoption and shall be published once within fifteen (15) days upon passage and adoption in a newspaper of general circulation in the City of San Jacinto, County of Riverside.

INTRODUCED at a regular meeting of the City Council of the City of San Jacinto held on April 2, 2024.

3.A.6.a
Packet Pg. 167 Attachment: Ordinance No. 24-07 - CFD 2003-1 Annex. No. 69 (Ordinance No. 24-07 Second Reading - CFD 2003-1 Annex 69 LGI Homes) Ordinance No. 24-07

Page 3 of 4 ends

PASSED, APPROVED, and ADOPTED this 7
th day of May 2024, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

CITY OF SAN JACINTO:
__________________________
Phil Ayala, Mayor
ATTEST:

Julia Espinoza, City Clerk
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
Craig Hayes, City Attorney

3.A.6.a
Packet Pg. 168 Attachment: Ordinance No. 24-07 - CFD 2003-1 Annex. No. 69 (Ordinance No. 24-07 Second Reading - CFD 2003-1 Annex 69 LGI Homes) Ordinance No. 24-07

Page 4 of 4 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF SAN JACINTO )
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Ordinance No. 24-07 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 7th day of May 2024.

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND OFFICIAL SEAL this 7th day of May 2024. _____________________________
Julia Espinoza, City Clerk
City of San Jacinto

3.A.6.a
Packet Pg. 169 Attachment: Ordinance No. 24-07 - CFD 2003-1 Annex. No. 69 (Ordinance No. 24-07 Second Reading - CFD 2003-1 Annex 69 LGI Homes) April 2, 2024
TO: City Council
REQUESTED BY: Erika Gomez, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: CFD 2003-1 Annex 69 Public Hearing - LGI Homes RECOMMENDATION:

Staff recommends that the City Council:

1. Hold the Public Hearing related to the Annexation of Territory into CFD 2003-1.

2. Adopt Resolution No. 4014, authorizing the annexation of territory to CFD 2003-1 and the levy of a Special Tax, and submitting the levy of Special Tax to the Qualified Electors.

3. Call upon the City Clerk to conduct the Special Annexation Landowner Election.

4. Adopt Resolution No. 4015, declaring the results of a Special Annexation Landowner Election and directing the recording of an amended Notice of Special Tax Lien.

5. Introduce Ordinance No. 24-07 for a first reading and levying a Special Tax within CFD 2003-1, including Annexation No. 69:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN

JACINTO LEVYING A SPECIAL TAX WITHIN CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1, INCLUDING CERTAIN

ANNEXATION TERRITORY
DISCUSSION:

The City Council and Planning Commission previously identified the need for additional funding for police protection, fire protection, and suppression services. This includes funding for increased service levels necessitated by new development within the City. In response, the City Council formed Community Facilities District 2003-1 (the "CFD") and approved the levy of special taxes therein.

The City levies a special tax on eligible parcels within the CFD to mitigate the added cost of providing public safety services to new development. Based upon a petition from the property owner(s), the City Council declared its intention to annex this territory – commonly known as the site of Phase I (332 units) of LGI Homes’ Esplanade residential development located at the northwest corner of Warren Road and W. Esplanade Avenue – into CFD 2003-1 by adopting

3.A.6.b
Packet Pg. 170 Attachment: CFD 2003-1 Annex. No. 69 - Introducing Ordinance 24-07 (Ordinance No. 24-07 Second Reading - CFD 2003-1 Annex 69 LGI Resolution 4008 at their meeting of February 20, 2024, which also established the Public Hearing date to tonight.

The City Clerk has received the ballots from the property owner(s) necessary to declare the results of the Special Election.

FISCAL IMPACT:

The annexation of territory into CFD 2003-1 will assist in mitigating the cost of providing police protection, fire protection, and suppression services. Based on Fiscal Year 2023/2024, it is anticipated that the CFD will collect approximately $210,414.96 in special tax revenue based upon full project buildout.

ATTACHMENTS:

Resolution No. 4014 - Calling the Election for CFD 2003-1 Annex. No. 69 Resolution No. 4015 - Declaring Results of CFD 2003-1 Annexation No. 69 Ordinance No. 24-07 - CFD 2003-1 Annex. No. 69

3.A.6.b
Packet Pg. 171 Attachment: CFD 2003-1 Annex. No. 69 - Introducing Ordinance 24-07 (Ordinance No. 24-07 Second Reading - CFD 2003-1 Annex 69 LGI May 7, 2024
TO: City Council
REQUESTED BY: Erika Gomez, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Ordinance No. 24-08 Second Reading - CFD 2003-1 Annex 70 Popeyes RECOMMENDATION:

Staff recommends that the City Council conduct the second reading and adopt Ordinance No. 24-08:

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SAN JACINTO LEVYING A SPECIAL TAX

WITHIN CITY OF SAN JACINTO COMMUNITY
FACILITIES DISTRICT NO. 2003-1, INCLUDING

CERTAIN ANNEXATION TERRITORY
DISCUSSION:

At the February 20, 2024, City Council meeting, the City Council adopted Resolution No. 4010, declaring their intention to annex territory, commercial developement known as Popeyes, into Community Facilities District 2003-1 (CFD 2003-1), based upon a petition from the property owners.

On April 2, 2024, the City Council held a public hearing and conducted the Special Annexation Landowner Election. Upon conducting the election, one affirmative vote was received from the property owner, and Annexation No. 70 was complete. The City Council also introduced Ordinance No. 24-08, authorizing the levy of special taxes in CFD 2003-1, including the newly annexed area. This second reading and adoption of Ordinance No. 24-08 is required to allow for the levy of special taxes related to this newly annexed area in the future.

FISCAL IMPACT:

The revenue received from the special tax will assist in offsetting the cost of increased police protection and fire protection, and suppression services necessitated by development of the annexed territory. As applicable, special taxes are collected and increased annually based on the percentage change in the Consumer Price Index, with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per fiscal year thereafter. Failure to approve Ordinance 24-08 would result in the inability to collect the annual special taxes, and the public safety costs of the territory would have to be borne by the City’s General Fund.

ATTACHMENTS:

CFD 2003-1 Annex. No. 70 - Introducing Ordinance No. 24-08 CFD 2003-1 Annex. No. 70 - Ordinance No. 24-08

3.A.7
Packet Pg. 172
April 2, 2024
TO: City Council
REQUESTED BY: Erika Gomez, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: CFD 2003-1 Annex 70 Public Hearing - Popeyes
RECOMMENDATION:

Staff recommends that the City Council:

1. Hold the Public Hearing related to the Annexation of Territory into CFD 2003-1.

2. Adopt Resolution No. 4016, authorizing the annexation of territory to CFD 2003-1 and the levy of a Special Tax, and submitting the levy of Special Tax to the Qualified Electors.

3. Call upon the City Clerk to conduct the Special Annexation Landowner Election.

4. Adopt Resolution No. 4017, declaring the results of a Special Annexation Landowner Election and directing the recording of an amended Notice of Special Tax Lien.

5. Introduce Ordinance No. 24-08 for a first reading and levying a Special Tax within CFD 2003-1, including Annexation No. 70:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN

JACINTO LEVYING A SPECIAL TAX WITHIN CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1, INCLUDING CERTAIN

ANNEXATION TERRITORY
DISCUSSION:

The City levies a special tax on eligible parcels within the CFD to mitigate the added cost of providing public safety services to new development. Based upon a petition from the property owner(s), the City Council declared its intention to annex this territory – commonly known as the site of Popeye’s located at the southwest corner of Ramona Expressway and State Street – into

3.A.7.a
Packet Pg. 173 Attachment: CFD 2003-1 Annex. No. 70 - Introducing Ordinance No. 24-08 (Ordinance No. 24-08 Second Reading - CFD 2003-1 Annex 70 CFD 2003-1 by adopting Resolution 4010 at their meeting of February 20, 2024, which also established the Public Hearing date to tonight.

The City Clerk has received the ballots from the property owner(s) necessary to declare the results of the Special Election.

FISCAL IMPACT:

The annexation of territory into CFD 2003-1 will assist in mitigating the cost of providing police protection, fire protection, and suppression services. Based on Fiscal Year 2023/2024, it is anticipated that the CFD will collect approximately $547.13 in special tax revenue based upon full project buildout.

ATTACHMENTS:

Resolution No. 4016 - Calling the Election of CFD 2003-1 Annexation No. 70 Resolution No. 4017 - Declaring Results of CFD 2003-1 Annexation No. 70 Ordinance No. 24-08 - CFD 2003-1 Annex. No. 70

3.A.7.a
Packet Pg. 174 Attachment: CFD 2003-1 Annex. No. 70 - Introducing Ordinance No. 24-08 (Ordinance No. 24-08 Second Reading - CFD 2003-1 Annex 70 Ordinance No. 24-08

Page 1 of 4 ends

ORDINANCE NO. 24-08

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF SAN JACINTO )

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF SAN JACINTO LEVYING A SPECIAL TAX WITHIN

CITY OF SAN JACINTO COMMUNITY FACILITIES
DISTRICT NO. 2003-1, INCLUDING CERTAIN

ANNEXATION TERRITORY
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 70
WHEREAS, the City of San Jacinto (the “City”) has conducted proceedings pursuant to the Mello-Roos Community Facilities Act, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”) to establish “City of San Jacinto Community Facilities District No. 2003-1” (the “CFD”) for the purpose of financing certain municipal services (the “Services) as provided in the Act; and
WHEREAS, the City has conducted proceedings to annex territory into the CFD and, in connection therewith, approved supplements to the Original Rate and Method (as supplemented, the “Rate and Method”);

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO as follows:

The City Council hereby ratifies the levy of special taxes within the CFD pursuant to the Act, at the rate and in accordance with the Rate and Method, in fiscal years 2004-05 through 2023-24.

SECTION 2: The City Manager or designee, or an employee or consultant of the City, is hereby authorized and directed each fiscal year to determine the specific Special Tax to

3.A.7.b
Packet Pg. 175 Attachment: CFD 2003-1 Annex. No. 70 - Ordinance No. 24-08 (Ordinance No. 24-08 Second Reading - CFD 2003-1 Annex 70 Popeyes) Ordinance No. 24-08

Page 2 of 4 ends

SECTION 3: Exemptions from the levy of the Special Tax shall be as provided in the Resolution of Formation, the Rate and Method and the applicable provisions of the Act.

In no event shall the Special Tax be levied on any parcel within the CFD in excess of the maximum Special Tax specified in the Rate and Method.

SECTION 5: The Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the Council may provide for other appropriate methods of collection by resolution(s) of the Council. The City Manager of the City (or the City Manager’s designee) is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Riverside in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be included on the secured property tax roll of the County of Riverside for fiscal year 2023- 24 and for each fiscal year thereafter, as set forth above, until no longer required to pay for the Services or until otherwise terminated by the City.

INTRODUCED at a regular meeting of the City Council of the City of San Jacinto held on April 2, 2024.

3.A.7.b
Packet Pg. 176 Attachment: CFD 2003-1 Annex. No. 70 - Ordinance No. 24-08 (Ordinance No. 24-08 Second Reading - CFD 2003-1 Annex 70 Popeyes) Ordinance No. 24-08

Page 3 of 4 ends

PASSED, APPROVED, and ADOPTED this 7
th day of May 2024, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

CITY OF SAN JACINTO:
__________________________
Phil Ayala, Mayor
ATTEST:

Julia Espinoza, City Clerk
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
Craig Hayes, City Attorney

3.A.7.b
Packet Pg. 177 Attachment: CFD 2003-1 Annex. No. 70 - Ordinance No. 24-08 (Ordinance No. 24-08 Second Reading - CFD 2003-1 Annex 70 Popeyes) Ordinance No. 24-08

Page 4 of 4 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF SAN JACINTO )
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Ordinance No. 24-08 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 7 th
day of May 2024.

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND OFFICIAL SEAL this 7
th day of May 2024.
__________________________
Julia Espinoza, City Clerk
City of San Jacinto

3.A.7.b
Packet Pg. 178 Attachment: CFD 2003-1 Annex. No. 70 - Ordinance No. 24-08 (Ordinance No. 24-08 Second Reading - CFD 2003-1 Annex 70 Popeyes) May 7, 2024
TO: City Council
REQUESTED BY: Erika Gomez, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Ordinance 24-09 Second Reading - CFD 2020-1 Annex 14 LGI Homes RECOMMENDATION:

Staff recommends that the City Council conduct the second reading and approve Ordinance No. 24-09, Authorizing the Levy of Special Taxes of Community Facilities District No. 2020-1:

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN JACINTO AUTHORIZING THE LEVY OF SPECIAL

TAXES IN A COMMUNITY FACILITIES DISTRICT,

INCLUDING CERTAIN ANNEXATION TERRITORY
IDENTIFIED AS ANNEXATION NO. 14 (TAX ZONE NO.
15), INTO SAN JACINTO COMMUNITY FACILITIES

DISTRICT
DISCUSSION:

At the February 20, 2024, City Council meeting, the City Council adopted Resolution No. 4009, declaring their intention to annex territory, a residential development known as LGI Homes, into Community Facilities District 2020-1 (CFD 2020-1), based upon a petition from the property owners.

On April 2, 2024, the City Council held a public hearing and conducted the Special Annexation Landowner Election. Upon conducting the election, one affirmative vote was received from the property owner, and Annexation No. 14 was complete. The City Council also introduced Ordinance No. 24-09, authorizing the levy of special taxes in CFD 2020-1, including the newly annexed area. This second reading and adoption of Ordinance No. 24-09 is required to allow for the levy of special taxes related to this newly annexed area in the future.

FISCAL IMPACT:

The revenue received from the special tax will assist in funding the Services as defined in the Rate and Method of Apportionment. Based on Fiscal Year 2023/2024 projections, it is anticipated that the CFD will collect $488,040 in special tax revenue based upon full project buildout, which will increase annually by the change in CPI up to a maximum of 5%, with no Contingent Special Tax. Approval of Ordinance 24-09 would authorize the City to levy this territory the special taxes for CFD No. 2020-1, providing dedicated funding for maintenance and administrative service. Failure to approve Ordinance 24-09 would result in the inability to collect

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Packet Pg. 179
the annual special taxes, and the maintenance and service costs of the territory would be borne entirely by the City’s General Fund.

ATTACHMENTS:

CFD 2020-1 Annex. No. 14 - Introducing Ordinance 24-09
CFD 2020-1 Annex. No. 14 - Ordinance 24-09

3.A.8
Packet Pg. 180
April 2, 2024
TO: City Council
REQUESTED BY: Erika Gomez, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: CFD 2020-1 Annex 14 Public Hearing - LGI Homes

RECOMMENDATION
Staff recommends that the City Council:

1. Hold the Public Hearing related to the Annexation of Territory into CFD 2020-1.

2. Adopt Resolution No. 4018, calling a Special Election and authorizing the annexation of territory into CFD 2020-1 and the levy of a Special Tax, and submitting the levy of Special Tax to the Qualified Electors.

3. Call upon the City Clerk to conduct the Special Annexation Landowner Election.

4. Adopt Resolution No. 4019, declaring the results of a Special Annexation Landowner Election and directing the recording of an amended Notice of Special Tax Lien.

5. Introduce Ordinance No. 24-09, levying a Special Tax within CFD 2020-1, including Annexation No. 14, for a first reading:

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO

AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY

FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION
TERRITORY IDENTIFIED AS ANNEXATION NO. 14 (TAX ZONE NO. 15), INTO SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2020-1.

DISCUSSION:

The City Council and Planning Commission have identified the need for a financing mechanism for maintenance and services on improvements related to new development within the City. In response to the need for additional funding for such maintenance and services, the City Council formed Community Facilities District 2020-1 (the "CFD") and approved the levy of special taxes therein. The CFD provides funding for services including, but not limited to, the maintenance of landscaped areas, parkways, and median improvements throughout the CFD, and the maintenance and servicing of streetlights, traffic signals, and appurtenant facilities (the "Services"). The Rate and Method of Apportionment ("RMA") of the CFD defines multiple types of property that may be levied a special tax and utilizes tax zones to allow future development to annex to the CFD rather than forming a new CFD for each new development.

3.A.8.a
Packet Pg. 181 Attachment: CFD 2020-1 Annex. No. 14 - Introducing Ordinance 24-09 (Ordinance 24-09 Second Reading - CFD 2020-1 Annex 14 LGI Homes) The RMA also defines a Contingent Special Tax, which would be levied only if the developer failed to perform landscape maintenance to the City's standards.

The City will utilize the CFD as a tool to tax new development for the direct costs associated with the Services. The use of the CFD provides additional funds to mitigate the added cost of providing the Services to new development. Based upon a petition from the property owner, the City Council declared its intention to annex this territory – commonly known as the site of the Phase I (332 units) of LGI Homes’ Esplanade residential development located at the northwest corner of Warren Road and W. Esplanade Avenue – into CFD 2020-1 by adopting Resolution No. 4009 at their meeting of February 20, 2024, which also established the Public Hearing date to tonight.

The City Clerk has received the ballots necessary to declare the results of the Special Election.

FISCAL IMPACT:

The annexation of territory into the CFD will assist in mitigating the cost of providing the Services. Based on Fiscal Year 2023/2024 calculations, it is anticipated that the CFD will collect $488,040 in special tax revenue upon full project buildout. There is no Contingent Special Tax revenue for this project.

ATTACHMENTS:

Resolution No. 4018 - Calling the Election of CFD 2020-1 Annexation No. 14 Resolution No. 4019 - Declaring Results of CFD 2020-1 Annexation No. 14 Ordinance No. 24-09 - CFD 2020-1 Annex. No. 14

3.A.8.a
Packet Pg. 182 Attachment: CFD 2020-1 Annex. No. 14 - Introducing Ordinance 24-09 (Ordinance 24-09 Second Reading - CFD 2020-1 Annex 14 LGI Homes) Ordinance No. 24-09

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STATE OF CALIFORNIA ) ORDINANCE NO. 24-09
COUNTY OF RIVERSIDE )ss

CITY OF SAN JACINTO )

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN JACINTO AUTHORIZING THE LEVY OF SPECIAL

TAXES IN A COMMUNITY FACILITIES DISTRICT,

INCLUDING CERTAIN ANNEXATION TERRITORY
IDENTIFIED AS ANNEXATION NO. 14 (TAX ZONE NO.
15), INTO SAN JACINTO COMMUNITY FACILITIES
DISTRICT NO. 2020-1
A. Recital
WHEREAS, the City Council (the “City Council”) of the City of San Jacinto (the “City”) has established San Jacinto Community Facilities District No. 2020-1, County of Riverside, State of California (the “District”) for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and
WHEREAS, the rate and method of apportionment of special tax for the District is set forth in Exhibit “C” to the City Council Resolution No. 4009, which was adopted on February 20, 2024; and
WHEREAS, the City has conducted proceedings to annex territory into the District and, with respect to the proceedings, following an election of the qualified electors in the territory proposed for the annexation (the “Annexation Territory”), the City Council, on April 2, 2024, adopted a Resolution which declared the results of the special election and determined that the territory proposed to be annexed is added to and part of the District.

B. Ordinance

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO,

CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2020-1, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The foregoing recitals are true and correct.

3.A.8.b
Packet Pg. 183 Attachment: CFD 2020-1 Annex. No. 14 - Ordinance 24-09 (Ordinance 24-09 Second Reading - CFD 2020-1 Annex 14 LGI Homes) Ordinance No. 24-09

Page 2 of 4 ends

accordance with the rate and method of apportionment of special tax set forth in Resolution No. 4009, which rate and method is by this reference incorporated herein.

The special tax has previously been levied in the original territory of the District beginning in Fiscal Year 2020 pursuant to Ordinance No. 20-08 passed and adopted by the City Council on July 7, 2020, and the special tax is hereby levied commencing in Fiscal Year 2023/24 in the District, including the Annexation Territory identified as Annexation No. 14 (Tax Zone No. 15), and in each fiscal year thereafter to pay for the services for the District and the costs of administering the District.

Section 3. The City Manager of the City or designee or employee or consultant of the City is hereby authorized and directed each fiscal year to determine the specific special tax to be levied for the next ensuing fiscal year for each parcel of real property within the District, including the Annexation Territory, in the manner and as provided in Resolution No. 4009.

Section 4. Exemptions from the levy of the special tax shall be as provided in Resolution No. 4009 and the applicable provisions of the Community Facilities District Law. In no event shall the special tax be levied on any parcel within the District in excess of the maximum special tax specified in Resolution No. 4009.

Section 5. All of the collections of the special tax shall be used as provided in the Community Facilities District Law and in Resolution No. 4009, including, but not limited to, the payment of the costs of the services, the payment of the costs of the City in administering the District, and the costs of collecting and administering the special tax.

Section 6. The special tax shall be collected in the same manner and at the same time as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the District may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations. The City Manager of the City, or his designee, is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Riverside in order to effect proper billing and collection of the special tax, so that the special tax shall be included on the secured property tax roll of the County of Riverside for Fiscal Year 2023/24 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the City.

Section 7. If for any reason any portion of this Ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District, including the Annexation Territory, by a court of competent jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels within the District, including the Annexation Territory, shall not be affected.

3.A.8.b
Packet Pg. 184 Attachment: CFD 2020-1 Annex. No. 14 - Ordinance 24-09 (Ordinance 24-09 Second Reading - CFD 2020-1 Annex 14 LGI Homes) Ordinance No. 24-09

Page 3 of 4 ends

Section 8. The Mayor shall sign this Ordinance and the City Clerk shall cause the same, or a summary of it, to be published immediately after its passage at least once in a newspaper of general circulation for the City.

Section 9. This Ordinance shall take effect 30 days from the date of final passage.

INTRODUCED at a regular meeting of the City Council of the City of San Jacinto held on April 2, 2024.

PASSED, APPROVED, and ADOPTED this 7
th day of May 2024, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

CITY OF SAN JACINTO:
_______________________
Phil Ayala, Mayor
ATTEST:

Julia Espinoza, City Clerk
APPROVED AS TO FORM:

BEST BEST & KRIEGER, LLP
Craig Hayes, City Attorney

3.A.8.b
Packet Pg. 185 Attachment: CFD 2020-1 Annex. No. 14 - Ordinance 24-09 (Ordinance 24-09 Second Reading - CFD 2020-1 Annex 14 LGI Homes) Ordinance No. 24-09

Page 4 of 4 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss

CITY OF SAN JACINTO )
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Ordinance No. 24-09 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 7th day of May 2024, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND OFFICIAL SEAL this 7th day of May 2024. ________________________________
Julia Espinoza, City Clerk
City of San Jacinto

3.A.8.b
Packet Pg. 186 Attachment: CFD 2020-1 Annex. No. 14 - Ordinance 24-09 (Ordinance 24-09 Second Reading - CFD 2020-1 Annex 14 LGI Homes) May 7, 2024
TO: City Council
REQUESTED BY: Erika Gomez, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Ordinance 24-10 Second Reading - CFD 2020-1 Annex 15 Popeyes RECOMMENDATION:

Staff recommends that the City Council conduct the second reading and approve Ordinance No. 24-10, Authorizing the Levy of Special Taxes of Community Facilities District No. 2020-1:

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN JACINTO AUTHORIZING THE LEVY OF SPECIAL

TAXES IN A COMMUNITY FACILITIES DISTRICT,

INCLUDING CERTAIN ANNEXATION TERRITORY
IDENTIFIED AS ANNEXATION NO. 15 (TAX ZONE NO.
16), INTO SAN JACINTO COMMUNITY FACILITIES

DISTRICT
DISCUSSION:

At the February 20, 2024, City Council meeting, the City Council adopted Resolution No. 4011, declaring their intention to annex territory, a commercial development known as Popeyes, into Community Facilities District 2020-1 (CFD 2020-1), based upon a petition from the property owners.

On April 2, 2024, the City Council held a public hearing and conducted the Special Annexation Landowner Election. Upon conducting the election, one affirmative vote was received from the property owner, and Annexation No. 15 was complete. The City Council also introduced Ordinance No. 24-10, authorizing the levy of special taxes in CFD 2020-1, including the newly annexed area. This second reading and adoption of Ordinance No. 24-10 is required to allow for the levy of special taxes related to this newly annexed area in the future.

FISCAL IMPACT:

The revenue received from the special tax will assist in funding the Services as defined in the Rate and Method of Apportionment. Based on Fiscal Year 2023/2024 projections, it is anticipated that the CFD will collect $12,732 in special tax revenue based upon full project buildout, which will increase annually by the change in CPI up to a maximum of 5%, with no Contingent Special Tax. Approval of Ordinance 24-10 would authorize the City to levy this territory the special taxes for CFD No. 2020-1, providing dedicated funding for maintenance and administrative service. Failure to approve Ordinance 24-10 would result in the inability to collect

3.A.9
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the annual special taxes, and the maintenance and service costs of the territory would be borne entirely by the City’s General Fund.

ATTACHMENTS:

CFD 2020-1 Annex. No. 15 - Introducing Ordinance 24-10
CFD 2020-1 Annex. No. 15 - Ordinance No. 24-10

3.A.9
Packet Pg. 188
April 2, 2024
TO: City Council
REQUESTED BY: Erika Gomez, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: CFD 2020-1 Annex 15 Public Hearing - Popeyes

RECOMMENDATION
Staff recommends that the City Council:

1. Hold the Public Hearing related to the Annexation of Territory into CFD 2020-1.

2. Adopt Resolution No. 4020, calling a Special Election and authorizing the annexation of territory into CFD 2020-1 and the levy of a Special Tax, and submitting the levy of Special Tax to the Qualified Electors.

3. Call upon the City Clerk to conduct the Special Annexation Landowner Election.

4. Adopt Resolution No. 4021, declaring the results of a Special Annexation Landowner Election and directing the recording of an amended Notice of Special Tax Lien.

5. Introduce Ordinance No. 24-10, levying a Special Tax within CFD 2020-1, including Annexation No. 15, for a first reading:

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO

AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY

FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION
TERRITORY IDENTIFIED AS ANNEXATION NO. 15 (TAX ZONE NO. 16), INTO SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2020-1.

DISCUSSION:

3.A.9.a
Packet Pg. 189 Attachment: CFD 2020-1 Annex. No. 15 - Introducing Ordinance 24-10 (Ordinance 24-10 Second Reading - CFD 2020-1 Annex 15 Popeyes) The RMA also defines a Contingent Special Tax, which would be levied only if the developer failed to perform landscape maintenance to the City's standards.

The City will utilize the CFD as a tool to tax new development for the direct costs associated with the Services. The use of the CFD provides additional funds to mitigate the added cost of providing the Services to new development. Based upon a petition from the property owner, the City Council declared its intention to annex this territory – commonly known as the site of the Popeye’s development located at the southwest corner of Ramona Expressway and State Street – into CFD 2020-1 by adopting Resolution 4011 at their meeting of February 20, 2024, which also established the Public Hearing date to tonight.

The City Clerk has received the ballots necessary to declare the results of the Special Election.

FISCAL IMPACT:

The annexation of territory into the CFD will assist in mitigating the cost of providing the Services. Based on calculations from Fiscal Year 2023/2024, it is anticipated that the CFD will collect $12,732.20 in special tax revenue upon full project buildout. There is no Contingent Special Tax revenue.

ATTACHMENTS:

Resolution No. 4020 - Calling the Election of CFD 2020-1 Annexation No. 15 Resolution No. 4021 - Declaring Results of CFD 2020-1 Annexation No. 15 Ordinance No. 24-10 - CFD 2020-1 Annex. No. 15

3.A.9.a
Packet Pg. 190 Attachment: CFD 2020-1 Annex. No. 15 - Introducing Ordinance 24-10 (Ordinance 24-10 Second Reading - CFD 2020-1 Annex 15 Popeyes) Ordinance No. 24-10

Page 1 of 4 ends

STATE OF CALIFORNIA ) ORDINANCE NO. 24-10
COUNTY OF RIVERSIDE )ss

CITY OF SAN JACINTO )

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN JACINTO AUTHORIZING THE LEVY OF SPECIAL

TAXES IN A COMMUNITY FACILITIES DISTRICT,

INCLUDING CERTAIN ANNEXATION TERRITORY
IDENTIFIED AS ANNEXATION NO. 15 (TAX ZONE NO.
16), INTO SAN JACINTO COMMUNITY FACILITIES
DISTRICT NO. 2020-1
A. Recital
WHEREAS, the City Council (the “City Council”) of the City of San Jacinto (the “City”) has established San Jacinto Community Facilities District No. 2020-1, County of Riverside, State of California (the “District”) for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and
WHEREAS, the rate and method of apportionment of special tax for the District is set forth in Exhibit “C” to the City Council Resolution No. 4011, which was adopted on February 20, 2024; and
WHEREAS, the City has conducted proceedings to annex territory into the District and, with respect to the proceedings, following an election of the qualified electors in the territory proposed for the annexation (the “Annexation Territory”), the City Council, on April 2, 2024, adopted a Resolution which declared the results of the special election and determined that the territory proposed to be annexed is added to and part of the District.

B. Ordinance

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO,

CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2020-1, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The foregoing recitals are true and correct.

Section 2. By the passage of this Ordinance, the City Council hereby authorizes and levies the special tax within the District, including the Annexation Territory, pursuant to the Community Facilities District Law, at the rate and in accordance with the rate and method of apportionment of special tax set forth in Resolution No. 4011, which rate and method is by this reference incorporated herein.

3.A.9.b
Packet Pg. 191 Attachment: CFD 2020-1 Annex. No. 15 - Ordinance No. 24-10 [Revision 1] (Ordinance 24-10 Second Reading - CFD 2020-1 Annex 15 Popeyes) Ordinance No. 24-10

Page 2 of 4 ends

The special tax has previously been levied in the original territory of the District beginning in Fiscal Year 2020 pursuant to Ordinance No. 20-08 passed and adopted by the City Council on July 7, 2020, and the special tax is hereby levied commencing in Fiscal Year 2023/24 in the District, including the Annexation Territory identified as Annexation No. 15 (Tax Zone No. 16), and in each fiscal year thereafter to pay for the services for the District and the costs of administering the District.

Section 4. Exemptions from the levy of the special tax shall be as provided in Resolution No. 4011 and the applicable provisions of the Community Facilities District Law. In no event shall the special tax be levied on any parcel within the District in excess of the maximum special tax specified in Resolution No. 4011.

Section 5. All of the collections of the special tax shall be used as provided in the Community Facilities District Law and in Resolution No. 4011, including, but not limited to, the payment of the costs of the services, the payment of the costs of the City in administering the District, and the costs of collecting and administering the special tax.

3.A.9.b
Packet Pg. 192 Attachment: CFD 2020-1 Annex. No. 15 - Ordinance No. 24-10 [Revision 1] (Ordinance 24-10 Second Reading - CFD 2020-1 Annex 15 Popeyes) Ordinance No. 24-10

Page 3 of 4 ends

Section 9. This Ordinance shall take effect 30 days from the date of final passage.

INTRODUCED at a regular meeting of the City Council of the City of San Jacinto held on April 2, 2024.

PASSED, APPROVED, and ADOPTED this 7
th day of May 2024, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

CITY OF SAN JACINTO:
__________________________
Phil Ayala, Mayor
ATTEST:

Julia Espinoza, City Clerk
APPROVED AS TO FORM:

BEST BEST & KRIEGER, LLP
Craig Hayes, City Attorney

3.A.9.b
Packet Pg. 193 Attachment: CFD 2020-1 Annex. No. 15 - Ordinance No. 24-10 [Revision 1] (Ordinance 24-10 Second Reading - CFD 2020-1 Annex 15 Popeyes) Ordinance No. 24-10

Page 4 of 4 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss

CITY OF SAN JACINTO )
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Ordinance No. 24-10 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 7th day of May 2024, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND OFFICIAL SEAL this 7th day of May 2024. ________________________________
Julia Espinoza, City Clerk
City of San Jacinto

3.A.9.b
Packet Pg. 194 Attachment: CFD 2020-1 Annex. No. 15 - Ordinance No. 24-10 [Revision 1] (Ordinance 24-10 Second Reading - CFD 2020-1 Annex 15 Popeyes) May 7, 2024
TO: City Council
REQUESTED BY: Craig Hayes,
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Second Read of Ordinance No. 24-05 An Ordinance Regarding Camping on Public Property
RECOMMENDATION:

Staff recommends that the City Council conduct a second reading of, by title only, and adopt, Ordinance No. 24-05 regulating camping on public property:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA AMENDING SECTION 9.08.010 OF CHAPTER 9.08 OF TITLE 9, ADDING CHAPTER 9.10 TO TITLE 9, AND ADDING SECTION 12.24.065 TO CHAPTER 24 OF TITLE 12 OF THE SAN JACINTO MUNICIPAL CODE RELATING

TO CAMPING ON PUBLIC PROPERTY
BACKGROUND:

Homelessness is a complex, socio-economic issue that touches communities across the nation.

The amount of resources available are only as good as the deployment of a methodical process.

Together, incremental steps must be celebrated to encourage continued participation of the ultimate goals of stabilizing addiction and mental health support, housing, job readiness, steady income, and improved quality of life.

The City of San Jacinto (“City”) approaches outreach with law enforcement by relying on the three Es:
• EDUCATE (ASK)
• ENCOURAGE (TELL)
• ENFORCE (MAKE)
City Net’s outreach approach is a housing-first model. Under the Housing First approach, anyone experiencing homelessness should be connected to a permanent home as quickly as possible, and programs should remove barriers to accessing the housing, like requirements for sobriety or absence of criminal history. Regardless of whether an individual is not accepting housing, City Net will continue to engage and encourage them to take resources or to stay in touch with them.

This Ordinance would provide the City with additional tools needed to help with outreach and engagement.

The City has the authority to regulate public property for the benefit of its residents. On April 2019, the United States Court of Appeals, Ninth Circuit, issued a decision in Martin v. City of

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Boise (“Martin”) (9th Cir. 2019) 920 F.3d 584, which held in part that “the Eighth Amendment prohibits the imposition of criminal penalties for sitting, sleeping, or lying outside on public property for homeless individuals who cannot obtain shelter” (Martin, 920 F.3d at 616). Martin’s holding, however, was narrow and did not “dictate to the City that it must provide sufficient shelter for the homeless, or allow anyone who wishes to sit, lie, or sleep on the streets ... at any time and at any place.” (Martin, at 617). The Martin court explained that “an ordinance prohibiting sitting, lying, or sleeping outside at particular times or in particular locations might well be constitutionally permissible,” as well as “an ordinance barring the obstruction of public rights of way or the erection of certain structures.” (Martin, at fn.8). In other words, even when shelter beds are not available, the City does not need to permit public camping anywhere, anytime, in any form.

Several factors, among others, necessitate the implementation of regulations on camping within the City limits:
• Public Health and Safety:

Camping leads to unsanitary and disorderly conditions, posing risks (health and other) to both campers and the general public.
• Property Preservation:

Camping results in the degradation and/or destruction of public property interfering with its intended purposes. Camping contributes to blight, damage property, and foster unsanitary conditions (e.g., accumulation of items infested with insects or vermin). • Critical Infrastructure:

Camping results in damage, disruption, incapacitation, and destruction of critical infrastructure. Such consequences may lead to delayed emergency response times, interrupted utility service, and injuries to persons or property. • Interference with Public Spaces:

Camping impedes the use of public spaces by the community, hindering the enjoyment of these areas by residents and may result in injuries to persons or property. Among other things, such injuries may be caused by persons having to traverse around obstructions and vehicles entering and exiting roadways.

Adherence to the Martin decision is a prerequisite to any enforcement of City anti-camping laws.

This Ordinance is designed to codify limitations on camping which comply with the constitutional safeguards established in Martin.

DISCUSSION:

This staff report presents proposed amendments to the San Jacinto Municipal Code by adding Chapter 9.09, specifically addressing camping on public property within the City. The purpose of this Ordinance is to regulate camping activities to ensure public health, safety, and the intended use of public spaces. The proposed Ordinance aims to balance concerns relating to public safety,

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property preservation, and the intended use of public spaces with the needs of the unhoused population to use public property when no shelter or inadequate is available.

Proposed Amendments to Municipal Code:

Amendment to Section 9.08.010 “Misuse of Public Property”:

Section 9.08.010 is amended to remove the provision related to camping overnight on public property. It also adds that the prohibition on cooking or making fires applies to outdoor areas.

Addition of Chapter 9.09 - Camping Within City Limits:

Chapter 9.09 is introduced to provide specific regulations as to camping within the City. Key components include:

Purpose and Intent (Sec. 09.09.010): Clarifies the Ordinance aims to protect public health, welfare, and safety by preserving public spaces for their intended purposes.

Definitions (Sec. 09.09.020): This provision defines variety of terms used in the Ordinance such as camping, camp facilities, encampment, and public property.

Unlawful Camping in Particular Locations (Sec. 09.09.030): This provision generally prohibits camping in subdivision (A) and provides more specific prohibitions on camping in subdivision (B) and (C) in areas where public health and safety are of particular concern.

Subdivision (B) disallows camping regardless of shelter availability when such camping poses an immediate threat or unreasonable risk of harm to a person or public safety or when camping would disrupt vital government services. Additionally, under subdivision (C) camping would be prohibited at all times in specified locations including near schools, existing shelters, waterways, transit hubs, utilities, certain public infrastructure, parks, wildfire risk areas, and other areas where the city manager determines there is a substantial public health and safety risk posed by camping at particular times or locations.

Storage of Personal Property (Sec. 09.10.040): This section prohibits storing personal property on public property. It authorizes the city manager, in conjunction with the city attorney, to provide guidelines for the removal, storage, or destruction of personal property stored in public.

Enforcement (Sec. 9.10.050): This section includes the penalties for violations and provides guidelines for law enforcement. Criminal citations for the general prohibition on camping shall not be issued during the night nor when shelter is unavailable. However, camping in those areas specified in subdivisions (B) and (C) of Section 09.09.030 is impermissible at all times regardless of shelter availability. Shelter is available to a person when it has been offered to that person, and the shelter is reasonably available to that person, taking into account disabilities or unique circumstances of the individual.

Addition of Section 12.24.065 - Food Distribution:

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Section 12.24.065 is introduced to regulate food distribution in public parks, ensuring compliance with health and safety standards. In order to comply with this section, food distributors will need to comply with the City’s regulations with respect to vending found in San Jacinto Municipal Code Chapters 5.52 and 5.54.

Should the Council introduce this Ordinance for first reading, the Ordinance will be scheduled for a second reading and adoption at the next regularly scheduled meeting of the City Council.

FISCAL IMPACTS:

There are no fiscal impacts to approve this Ordinance.

ATTACHMENTS:

Ordinance No. 24-05 - Unlawful Camping

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Ordinance No. 24-05

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ORDINANCE NO. 24-05

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF SAN JACINTO )

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN JACINTO, CALIFORNIA AMENDING SECTION

9.08.010 OF CHAPTER 9.08 OF TITLE 9, ADDING
CHAPTER 9.10 TO TITLE 9, AND ADDING SECTION

12.24.065 TO CHAPTER 24 OF TITLE 12 OF THE SAN

JACINTO MUNICIPAL CODE RELATING TO CAMPING ON

PUBLIC PROPERTY
WHEREAS, the City of San Jacinto (“City”), by virtue of the police powers delegated to it by the California Constitution, has the authority to regulate to ensure the public’s health, safety, and general welfare; and
WHEREAS, the Ninth Circuit Court of Appeals decision in Martin v. City of Boise recognized that “[even where shelter is unavailable, an ordinance prohibiting sitting, lying or sleeping outside at particular times or in particular locations might well be constitutionally permissible.” (920 F.3d 584, 1048, n. 8 (9th Cir. 2019)); and WHEREAS, the City encourages the use of open spaces and facilities within the City by all members of the community; and
WHEREAS, reasonable time, place, and manner restrictions on camping on public property are necessary to the public health and safety of City residents; and WHEREAS, camping within the City limits creates an unsafe and potentially disorderly environment for the persons engaged in the camping as well as persons coming into contact with the campers; and
WHEREAS, camping within the City limits creates unsanitary and unhealthful conditions that may affect both the campers and the general public; and WHEREAS, camping within the City limits tends to degrade or even destroy the property upon which the camping is occurring, particularly in situations where an encampment is large and ongoing; and
WHEREAS, camping within the City limits impedes the use of public spaces by the community, hindering the enjoyment of these areas by residents and can result in injuries to persons or property; and

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WHEREAS, camping within the City limits can contribute to blight, damage property, and foster unsanitary conditions (e.g., accumulation of items infested with insects or vermin); and
WHEREAS, camping within the City limits can result in damage, disruption, incapacitation, and destruction of critical infrastructure. Such consequences can lead to delayed emergency response times, interrupted utility service, and injuries to persons or property; and
WHEREAS, the California Department of Forestry and Fire Protection reports an average of 103 wildfires per year are ignited by illegal open fires, and, several fire departments in California have responded to such fires at, or caused by activities at, unauthorized camping; and
WHEREAS, camping within the City limits detracts from the use of the property for its intended purposes and can interfere with use of public spaces by the general public; and
WHEREAS, the City finds that camping prohibitions in particular areas of the City will best serve the public’s health, safety, and general welfare.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference as findings in support of this Ordinance.

SECTION 2. Amendment to Municipal Code. Section 9.08.010 of Chapter 9.08 of Title 9 of the San Jacinto Municipal Code is amended to read as follows, with additions in red and deletions in strikethrough:
“9.08.010 Misuse of public property.

A. The term “public property” as used in this section includes all property of the United States, the state, or any political subdivision thereof, including but not limited to parks, public grounds, streets, roadways, alleys, parking places, schools, school grounds and fairgrounds.

B. It is unlawful for any person to do any of the following on any public property without the consent of the agency owning or controlling such property:

1. Swim, bathe, wade, wash, or otherwise use the waters of any fountain, pond, lake, or other water areas for any purpose other than that for which the same has been designed or in any manner to pollute any such waters;

2. Camp, lodge, or tarry overnight;

2. Cook outdoors or make any fire outdoors other than in or on facilities provided

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for that purpose.

C. When, in the opinion of the chief of police, a condition exists or is pending that constitutes a threat to the public health, safety or morals by reason of misuse of public properties and the city manager shall concur in such opinion, the city manager shall have the authority to close any public property in the city to the public use and exclude all persons therefrom until such condition has ceased to exist or no longer constitutes a threat to the public health, safety or morals. Any such action shall be presented to the city council for confirmation at the earliest practicable time. The city council shall have the authority to rescind any such action at any time. Any person who enters upon public property after having been notified of such action of the city manager, or remains on public property having been so notified, shall be in violation of this section.” SECTION 3. Addition to Municipal Code. Chapter 9.10 is hereby added to the San Jacinto Municipal Code to read in its entirety:
“Chapter 9.10 – CAMPING WITHIN CITY LIMITS
Sec. 09.10.010 – Purpose and intent.

This Chapter is intended to protect the public health, welfare, and safety by reserving open spaces and facilities within the city limits for their intended purposes. Public property within the city should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for their intended purposes and is deleterious to the public peace, health, safety, and welfare. The use of these areas for camping obstructs the intended uses for the public at large, contributes to blight, and can cause damage to people and public property. This Chapter is intended to avoid unsafe and potentially disorderly conditions, unsanitary and unhealthful conditions, and the degradation or destruction of open spaces and facilities within the city.

Sec. 09.10.020 – Definitions.

A. “Camping” means residing in or using any public property for one or more nights for living accommodation purposes, such as sleeping activities or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or storing personal belongings (including but not limited to clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware, and similar material), or making any fire or using any tents, or cooking meals. These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person is using public property as a living accommodation for one or more nights, with the intent to camp.

B. “Camp facilities” include, but are not limited to, tents, huts, or temporary shelters.

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C. “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non-city designated cooking facilities and similar equipment.

D. "Critical infrastructure" means fire or law enforcement stations; hospitals; structures, such as antennas, bridges, train tracks, or drainage systems; or systems, such as computer networks, public utilities, electrical wires, natural gas pipes, telecommunication centers, or water resources. This includes without limitation water wells and related facilities, water treatment plant facilities, wastewater facilities, water recharge facilities, booster stations, water pump stations, Eastern Municipal Water District facilities, Southern California Gas facilities, Southern California Edison facilities, and trash enclosures. Critical infrastructure also includes real property or a facility, whether privately or publicly owned, that the city manager or designee designates as being so vital and integral to the operation or functioning of the city or in need of protection that its damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare.

E. “Encampment” means one or more temporary, makeshift, or hand-built structures not intended for long-term continuous occupancy, including tents, that are used to shelter one or more persons or their belongings and that are not authorized by the property owners. Encampment includes any camp paraphernalia and personal property associated with or located in or around the structures or tents.

F. “Park” shall mean any city park and recreation area governed by Chapter 12.24 of the San Jacinto Municipal Code.

G. “Public property” means any publicly owned property in the city, whether improved or unimproved, including, but not limited to, any of the following: public alleyways; public parking lots; public passageways; public streets; public rights-of-way; publicly owned, maintained, or operated parks; publicly owned, maintained, or operated landscaped areas or greenbelts; publicly owned, maintained, or operated open spaces including, but not limited to, public facilities or buildings of any kind; public sidewalks, curbs, and gutters; public educational institutions; or other government owned, maintained, or operated properties located within the city.

H. "Public utilities" means any outdoor water, sewer, or electrical outlets or fixtures on government owned, maintained, or operated properties within the city that are not designated for public use.

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I. “Shelter” means any city-funded shelter or shelter provided where individuals or families experiencing homelessness can access beds and other services or an area designated by the city manager for use by individuals or families experiencing homelessness. A list of current shelters is provided on the city’s website and is available by contacting the city.

J. “Store” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.

K. “Waterway” means all portions of any drainage canal, storm water basin, creek, river, lake, pond, or other water system found within the boundaries of the city of San Jacinto.

Sec. 09.10.030 – Unlawful Camping in Particular Locations A. It shall be unlawful for any person to camp, occupy camp facilities, or use camp paraphernalia on any public property within the city, except as otherwise provided herein or authorized by the city manager.

B. At all times, regardless of the availability of shelter space or beds, it is unlawful for any person to camp or to maintain an encampment where such activity poses:

1. an immediate threat or an unreasonable risk of harm to any natural person;

2. an immediate threat or an unreasonable risk of harm to public health or safety; or

3. disruption to vital government services.

C. At all times, regardless of the availability of shelter space or beds, it is unlawful for any person to camp or to maintain an encampment in the following locations:

1. within 1,000 feet of a school that offers instruction on courses of study required by the California Education Code or that is maintained pursuant to standards set by the State Board of Education, including without limitation school district administration facilities. School for purposes of this section does not include a vocational or professional institution of higher education, like a college or university;

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2. within 1,000 feet of any youth center or day care center. Day care center for purposes of this section means a child day care facility other than a family day care home, and includes without limitation infant centers, preschools, extended day care facilities, and school age child care centers.

Youth center for purposes of this section means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities;

3. within 1,000 feet of any shelter;

4. in any waterway or banks of a waterway;

5. within any transit hub including bus stops, on any train tracks, on any train platform, or along any train tracks;

6. in any park where the city manager determines there is a substantial public health and safety risk;

7. within 1,000 feet of critical infrastructure;

8. within 1,000 feet of public utilities; and

9. wildfire risk areas, as provided in the San Jacinto Wildfire Risk Map posted to the city’s website and on file with the city clerk.

Sec. 09.10.040 – Storage of Personal Property on Public Property It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, on any public property within the city, except as otherwise provided herein or mandated by applicable law. The city manager, in conjunction with the city attorney, shall be authorized to adopt guidelines for the removal, storage, and/or destruction of personal property stored on public property.

Sec. 09.10.050 – Enforcement
A. A first and second violation of this Chapter shall be punishable as an infraction under Chapter 1.24 of the San Jacinto Municipal Code. Subsequent violations of this Chapter by the same person shall be punishable as a misdemeanor under Chapter 1.24 of the San Jacinto Municipal Code.

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B. Law enforcement officers shall not issue a criminal citation to enforce a violation of Section 09.10.030(A) between the hours of 9:00 p.m. and 5:30 a.m. or when the person is on public property at a time when there is not available shelter. For purposes of this section, available shelter means shelter which is reasonably available to a person at the time of enforcement, which has been offered to the individual, has been refused by the individual, and no disability or specific circumstance would prevent the individual from using the shelter.

C. Sections 09.10.030(B) and (C) are enforceable at all times regardless of shelter availability.

SECTION 4. Addition to Municipal Code. Section 12.24.065 is hereby added to Chapter 24 of Title 12 of the San Jacinto Municipal Code to read:
“Sec. 12.24.065 – Food distribution at public parks and public property A. Persons and groups that wish to routinely distribute free meals and other food to needy people in the city are encouraged to participate in programs that provide meals indoors in conjunction with other services intended to help needy people find housing and jobs. Information on how to participate in such programs may be obtained from the city manager’s department.

B. Any person or group that serves or distributes food to the public in city parks or on public property shall comply with the following regulations:

1. All applicable State and Riverside County health and safety standards regulating food service and distribution, including, but not limited to, the requirements of obtaining and displaying a valid permit from the Riverside County Department of Environmental Services, or its successor agency, for distributing food at a location approved by the city;

2. All applicable requirements of the San Jacinto Municipal Code regarding, among other things, the issuance of a vending permit, temporary use permit, event permit, or sidewalk vending permit; and

3. All applicable requirements of the San Jacinto Municipal Code regarding protection of park facilities and foliage and clean-up of parks and public areas.”
SECTION 5. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.

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SECTION 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.

SECTION 7. Publication. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once, in a newspaper of general circulation, published and circulated in the City of San Jacinto, California.

SECTION 8. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

In the alternative, and if a project, this Ordinance is exempt under State CEQA Guidelines section 15061(b)(3), the common sense exemption, because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

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PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council on the 7th day of May 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

CITY OF SAN JACINTO:
________________________________
Phil Ayala, Mayor
City of San Jacinto
ATTEST:
__________________________________
Julia Espinoza, City Clerk
APPROVED AS TO FORM:

BEST BEST & KRIEGER, LLP
__________________________________
Craig Hayes, City Attorney

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss

CITY OF SAN JACINTO )
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Ordinance No. 24-05 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 7th day of May 2024, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND OFFICIAL SEAL this 7th day of May 2024. ________________________________
Julia Espinoza, City Clerk
City of San Jacinto

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Packet Pg. 208 Attachment: Ordinance No. 24-05 - Unlawful Camping (Second Read of Ordinance No. 24-05 An Ordinance Regarding Camping on Public May 7, 2024
TO: City Council
REQUESTED BY: Erika Gomez, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Report - Use of ARPA Funds CY 24 Q1
RECOMMENDATION:

Staff recommends that the City Council receive and file the report of the ARPA funds.

DISCUSSION:

The American Rescue Plan Act (ARPA) was signed into law by the President on March 11, 2021. The Fiscal Recovery Funds are intended to provide support to State, local, and Tribal governments in responding to the impact of COVID-19 and in the efforts to contain COVID-19 in communities, residents, and businesses. One of the most notable amendments that the Secretary of the Treasury (Treasury) has adopted as the final rule (published May 17, 2021) enables recipients to claim a standard allowance for revenue loss of up to $10 million dollars.

The provisions in this final rule are effective April 1, 2022.

On July 13, 2021, the City received its first of two installments of the $11,773,274 in ARPA funds allocated to the City. The second installment was received on July 21, 2022.

On August 17, 2021, the City Council approved an initial project list for the use of ARPA funds.

The initial projects were designed to meet specific categories in the final rule to maximize community benefit while prioritizing community desires (as documented by Measure V Community Survey results).

On January 16, 2024, the City Council approved the final project list, which ultimately consists of 15 projects. Of those 15 projects, 13 are complete, and two remain in progress. The remaining projects are the Bath Well Treatment Plant and the Tahquitz Sewer Main Line Replacement Project. The construction contract for the Bath Well Treatment Plant was awarded in January 2024. The Tahquitz Sewer Main Line Replacement Project is nearing the end of construction.

During the reporting period of January 1, 2024, through March 31, 2024, ARPA expenditures totaled $236,898. Total ARPA expenditures increased from 44.52% in the previous reporting period to 46.52% in the current period. This increase is primarily due to payments made for work completed on the Tahquitz Sewer Main Line Replacement Project. ARPA funding for this project has been exhausted, but the project remains in progress.

ARPA funds must be obligated by December 31, 2024, and expended by December 31, 2026.

Having spent 46.52% of ARPA funds so far, the staff is confident that the funds will be spent timely. There is only one ARPA project with funding remaining, the Bath Well Treatment Plant.

A contract for project management services for this project is expected to be awarded in May, while contracts for equipping the well and construction have already been awarded.

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FISCAL IMPACT:

There is no fiscal impact related to reporting of the use of ARPA funds.

ATTACHMENTS:

ARPA Summary Report - 03.31.24

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CITY OF SAN JACINTO
ARPA REPORTING SCHEDULEREPORTING PERIOD: 01/01/24-03/31/2024 Prior Current Total
Item # Description Estimate Expenditures Expenditures Expenditures Remaining Category D - Investments to Infrastructure
20-004 New Grand Well 1,787,064.60 1,787,064.60 - 1,787,064.60 - 22-005 Bath Well Treatment Plant 7,838,088.76 1,531,241.88 11,465.50 1,542,707.38 6,295,381.38 Category C - Revenue Loss
ARPA-A Lead Service Line Replacement Program 13,774.00 13,774.00 - 13,774.00 - CP -003 A Cottonwood Lift Station 65,834.38 65,834.38 - 65,834.38 - CP-003 B Sewer Main Line Replacement (Tahquitz) 500,000.00 274,567.50 225,432.50 500,000.00 - ARPA-B Mobile Bypass Pump 60,000.00 60,000.00 - 60,000.00 - ARPA-C Community Development Software Upgrade 273,080.62 273,080.62 - 273,080.62 - ARPA-D City Hall Queue Management System 8,436.59 8,436.59 - 8,436.59 - 18-007 Soofa Sign 18,000.00 18,000.00 - 18,000.00 -
22-014 City Hall Front Lobby/Office Remodel 80,000.00 80,000.00 - 80,000.00 - 22-015 Community Center Remodel 73,903.67 73,903.67 - 73,903.67 - 22-009 Fitness Court at Mistletoe Park 186,000.00 186,000.00 - 186,000.00 - 22-017 Small Business Grants 52,500.00 52,500.00 - 52,500.00 - ARPA-G City Net - Year 2 costs with "Rapid Rehousing" 425,295.62 425,295.62 - 425,295.62 -

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Attachment: ARPA Summary Report - 03.31.24 (Report - Use of ARPA Funds CY 24 Q1)

CITY OF SAN JACINTO
ARPA REPORTING SCHEDULEREPORTING PERIOD: 01/01/24-03/31/2024 Prior Current Total
Item # Description Estimate Expenditures Expenditures Expenditures Remaining 23-002 Artesia Main Line Replacement 391,295.76 391,295.76 - 391,295.76 - Unallocated -
5,240,994.62 11,773,274.00 236,898.00 5,477,892.62 6,295,381.38

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Attachment: ARPA Summary Report - 03.31.24 (Report - Use of ARPA Funds CY 24 Q1)

CITY OF SAN JACINTO

ARPA ALLOCATION SCHEDULE
Final Item
# Description
Estimate at
03/31/2024
Category D - Investments to Infrastructure
20-004 New Grand Well 1,787,064.60
22-005 Bath Well Treatment Plant 7,838,088.76
Category C - Revenue Loss
ARPA-A Lead Service Line Replacement Program 13,774.00
CP -003 A Cottonwood Lift Station 65,834.38
CP -003 B Sewer Main Line 500,000.00
ARPA-B Mobile Bypass Pump 60,000.00
ARPA-C Community Development Software Upgrade 273,080.62 ARPA-D City Hall Queue Management System 8,436.59
18-007 Soofa Sign 18,000.00
22-015 Community Center Remodel 73,903.67
22-009 Fitness Court at Mistletoe Park 186,000.00
22-014 City Hall Front Lobby/Office Remodel 80,000.00
22-017 Small Business Grants 52,500.00
ARPA-G City Net - Year 2 costs with "Rapid Rehousing" 425,295.62 23-002 Artesia Main Line Replacement 391,295.76
Unallocated
11,773,274.00

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CITY OF SAN JACINTO
ARPA REPORTING SCHEDULEREPORTING PERIOD: 01/01/24-03/31/2024New Grand Well - Design/Engineering/ConstructionCIP #20-004 - ARPA Subcategory 5.13Obligation: $1,787,064.60

TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -Prior expenditures 1,787,064.60Total 1,787,064.60Estimate 1,787,064.60Remaining -

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Attachment: ARPA Summary Report - 03.31.24 (Report - Use of ARPA Funds CY 24 Q1)

CITY OF SAN JACINTO
ARPA REPORTING SCHEDULEREPORTING PERIOD: 01/01/24-03/31/2024Bath Well Treatment Plant - Design/Engineering/ConstructionCIP #22-005 - ARPA Subcategory 5.10Obligation: $7,838,088.76

TRANS DATE VENDOR DESCRIPTION AMOUNT
03/20/2024 CIVILTEC ENGINEERING INC Bath Well-Prof SVCS through 3/1/24 11,415.50 02/29/2024 Riverside County Assessor Feb 24 Recordations 50.00 Current expenditures 11,465.50Prior expenditures 1,531,241.88Total 1,542,707.38Estimate 7,838,088.76Remaining 6,295,381.38

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Attachment: ARPA Summary Report - 03.31.24 (Report - Use of ARPA Funds CY 24 Q1)

CITY OF SAN JACINTO
ARPA REPORTING SCHEDULEREPORTING PERIOD: 01/01/24-03/31/2024Lead Service Line Replacement - Initial inspectionProject "ARPA-A" - ARPA Subcategory 6.1Obligation: $13,774.00

TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -Prior expenditures 13,774.00Total 13,774.00Estimate 13,774.00Remaining -

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Attachment: ARPA Summary Report - 03.31.24 (Report - Use of ARPA Funds CY 24 Q1)

CITY OF SAN JACINTO
ARPA REPORTING SCHEDULEREPORTING PERIOD: 01/01/24-03/31/2024Cottonwood Lift StationCIP #CP-003A - ARPA Subcategory 6.1Obligation: $65,834.38

TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -Prior expenditures 65,834.38Total 65,834.38Estimate 65,834.38Remaining -

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Attachment: ARPA Summary Report - 03.31.24 (Report - Use of ARPA Funds CY 24 Q1)

CITY OF SAN JACINTO
ARPA REPORTING SCHEDULEREPORTING PERIOD: 01/01/24-03/31/2024Sewer Main Line Replacement (Tahquitz)CIP #CP-003B - ARPA Subcategory 6.1Obligation: $500,000

TRANS DATE VENDOR DESCRIPTION AMOUNT
03/24/2024 INTERWEST CONSULTING GROU TAHQUITZ SEWER PLAN 24,000.86 (Partial - Limit reached) 03/12/2024 INLAND FOUNDATION ENG. 1/1/24-3/2/24 SVCS 7,242.0002/28/2024 INTERWEST CONSULTING GROU TAHQUITZ SEWER PLAN 27,488.7501/30/2024 INTERWEST CONSULTING GROU TAHQUITZ SEWER PLAN 23,290.0001/19/2024 THE THOMSEN COMPANY, INC. TAHQUITZ SEWER LINE STACKING 597.5001/08/2024 SCORPION BACKHOE, INC. WORK COMPLETED 132,005.3901/04/2024 INLAND FOUNDATION ENG. 11/26/23-12/31/23 10,808.00 Current expenditures 225,432.50Prior expenditures 274,567.50Total 500,000.00Estimate 500,000.00Remaining -

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Attachment: ARPA Summary Report - 03.31.24 (Report - Use of ARPA Funds CY 24 Q1)

CITY OF SAN JACINTO
ARPA REPORTING SCHEDULEREPORTING PERIOD: 01/01/24-03/31/2024Mobile Bypass PumpProject "ARPA-B" - ARPA Subcategory 6.1Obligation: $60,000

TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -Prior expenditures 60,000.00Total 60,000.00Estimate 60,000.00Remaining -

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Attachment: ARPA Summary Report - 03.31.24 (Report - Use of ARPA Funds CY 24 Q1)

CITY OF SAN JACINTO
ARPA REPORTING SCHEDULEREPORTING PERIOD: 01/01/24-03/31/2024Community Development Software UpgradeProject "ARPA-C" - ARPA Subcategory 6.1Obligation: $273,080.62

TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expendituresPrior expenditures 273,080.62Total 273,080.62Estimate 273,080.62Remaining -

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Attachment: ARPA Summary Report - 03.31.24 (Report - Use of ARPA Funds CY 24 Q1)

CITY OF SAN JACINTO
ARPA REPORTING SCHEDULEREPORTING PERIOD: 01/01/24-03/31/2024City Hall Queue Management SystemProject "ARPA-D" - ARPA Subcategory 6.1Obligation: $8,436.59

TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -Prior expenditures 8,436.59Total 8,436.59Estimate 8,436.59Remaining -

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Attachment: ARPA Summary Report - 03.31.24 (Report - Use of ARPA Funds CY 24 Q1)

CITY OF SAN JACINTO
ARPA REPORTING SCHEDULEREPORTING PERIOD: 01/01/24-03/31/2024Soofa SignCIP #18-007 - ARPA Subcategory 6.1Obligation: $18,000.00

TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -Prior expenditures 18,000.00Total 18,000.00Estimate 18,000.00Remaining -

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Attachment: ARPA Summary Report - 03.31.24 (Report - Use of ARPA Funds CY 24 Q1)

CITY OF SAN JACINTO
ARPA REPORTING SCHEDULEREPORTING PERIOD: 01/01/24-03/31/2024City Hall Front Lobby/Office RemodelCIP #22-014 - ARPA Subcategory 6.1Obligation: $80,000

TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures 80,000.00Total 80,000.00Estimate 80,000.00Remaining -

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Attachment: ARPA Summary Report - 03.31.24 (Report - Use of ARPA Funds CY 24 Q1)

CITY OF SAN JACINTO
ARPA REPORTING SCHEDULEREPORTING PERIOD: 01/01/24-03/31/2024Community Center RemodelCIP #22-015 - ARPA Subcategory 6.1Obligation: $73,903.67

TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -Prior expenditures 73,903.67Total 73,903.67Estimate -Remaining -

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Attachment: ARPA Summary Report - 03.31.24 (Report - Use of ARPA Funds CY 24 Q1)

CITY OF SAN JACINTO
ARPA REPORTING SCHEDULEREPORTING PERIOD: 01/01/24-03/31/2024Fitness Court at Mistletoe ParkCIP #22-009 - ARPA Subcategory 6.1Obligation: $186,000

TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -Prior expenditures 186,000.00Total 186,000.00Estimate 186,000.00Remaining -

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Attachment: ARPA Summary Report - 03.31.24 (Report - Use of ARPA Funds CY 24 Q1)

CITY OF SAN JACINTO
ARPA REPORTING SCHEDULEREPORTING PERIOD: 01/01/24-03/31/2024Small Business GrantsCIP #22-017 - ARPA Subcategory 6.1Obligation: $52,500

TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -Prior expenditures 52,500.00Total 52,500.00Estimate 52,500.00Remaining -

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Attachment: ARPA Summary Report - 03.31.24 (Report - Use of ARPA Funds CY 24 Q1)

CITY OF SAN JACINTO
ARPA REPORTING SCHEDULEREPORTING PERIOD: 01/01/24-03/31/2024City Net Year 2 Costs with "Rapid Rehousing"Project "ARPA-G" - ARPA Subcategory 6.1Obligation: $425,295.62

TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expendituresPrior expenditures 425,295.62Total 425,295.62Estimate 425,295.62Remaining -

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Attachment: ARPA Summary Report - 03.31.24 (Report - Use of ARPA Funds CY 24 Q1)

CITY OF SAN JACINTO
ARPA REPORTING SCHEDULEREPORTING PERIOD: 01/01/24-03/31/2024Artesia Main Line Emergency ReplacementCIP #23-002 - ARPA Subcategory 6.1Obligation: $391,295.76

TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expendituresPrior expenditures 391,295.76Total 391,295.76Estimate 391,295.76Remaining -

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Attachment: ARPA Summary Report - 03.31.24 (Report - Use of ARPA Funds CY 24 Q1) May 7, 2024
TO: City Council
REQUESTED BY: Stuart McKibbin, City Engineer
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Tract Map No. 32955-F subdivision into 95 residential lots located on the south side of Seventh Stre
RECOMMENDATION:

Staff recommends the City Council take the following actions:

1. Approve Agreement for Completion of Public Improvements and Securities for Tract 32955-F as approved by the City Attorney;

2. Authorize the City Manager to execute agreements;

3. Approve Tract Map 32955-F; and

4. Authorize the Mayor to Sign the subdivision maps.

DISCUSSION:

Development Agreement 05-04 between the City and Warren & Esplanade LLC and Esplanade & Cawston LLC (“Owners”) was entered into October 2005 to facilitate the development of the Esplanade Specific Plan and Tract Map 32955, located at the northeast corner of Esplanade Avenue and Warren Road. Subsequent ownership, Warren & Esplanade LLC and Esplanade & Cawston LLLP requested to enter into Amendment No. 1 to Development Agreement No. 05-04 in order to extend the Development Agreement and Tentative Tract Map 32955 for an additional fifteen years to provide additional time to complete the project. The City Council approved Ordinance No. 15-09 on October 6, 2015.

The Final Subdivision Map complies in all respects with the provisions of the Subdivision Map Act and applicable municipal ordinances. All necessary conditions of approval have been satisfied, and departmental clearances have been obtained to record the tract map. The tract is substantially consistent with the Tentative Tract Map approved by the City Council on September 15, 2005. The City Engineer recommends approval of Tract No. 32955-F.

The current ownership, now LGI Homes - California, LLC, desires to enter into an Improvement Agreement to guarantee the construction of the required improvements and has submitted an Improvement Agreement, which has been approved by the City Attorney. All costs for improvements will be the responsibility of the developer.

The securities posted by Hartford Fire Insurance Company are as follows:
• Tract 32955-F $1,509,041.00 [Bond No. 08BSBIX9545] for the completion of road

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improvements, streetlights, storm drain, curb-inlet catch basins, sewer main and laterals, water main and services (“Public Improvements Onsite”). • Tract 32955-F $5,298,504 [Bond No. 08BSBIX9543] for the completion of offsite road improvements, streetlights, storm drain, curb-inlet catch basins, sewer main and laterals, water main and services (“Public Improvements Backbone”).

FISCAL IMPACT:

All costs associated with the completion of improvements are the responsibility of the developer.

ATTACHMENTS:
• Final Tract Map 32955-F
• Agreement for Completion of Public Improvements Tract 32955-F ATTACHMENTS:

Tract Map No. 32955
Agreement for Completion of Public Improvements Tract 32955-F

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Attachment: Tract Map No. 32955 (Tract Map No. 32955-F subdivision into 95 residential lots located on the south side of Seventh Stre)

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Attachment: Tract Map No. 32955 (Tract Map No. 32955-F subdivision into 95 residential lots located on the south side of Seventh Stre)

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Attachment: Tract Map No. 32955 (Tract Map No. 32955-F subdivision into 95 residential lots located on the south side of Seventh Stre)

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Packet Pg. 282 Attachment: Agreement for Completion of Public Improvements Tract 32955-F (Tract Map No. 32955-F subdivision into 95 residential lots May 7, 2024
TO: City Council
REQUESTED BY: Stuart McKibbin, City Engineer
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Tract Map No. 32955-5 subdivision into 110 residential lots, located on the south side of Seventh St
RECOMMENDATION:

Staff recommends the City Council take the following actions:

1. Approve the Agreement for Completion of Public Improvements and Securities for Tract 32955-5 as approved by the City Attorney;

2. Authorize the City Manager to execute the agreement;

3. Approve Tract Map 32955-5; and

4. Authorize the Mayor to Sign the subdivision map.

DISCUSSION:

The securities posted by Hartford Fire Insurance Company are as follows:
• Tract 32955-5 $1,754,350 [Bond No. 08BSBIX9544] for the completion of onsite road

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improvements, streetlights, storm drain, curb-inlet catch basins, sewer main and laterals, water main and services (“Public Improvements”).

FISCAL IMPACT:

All costs associated with the completion of improvements are the responsibility of the developer.

ATTACHMENTS:

Tract Map No. 32955-5
Agreement for Completion of Public Improvements Tract No. 32955-5

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Attachment: Tract Map No. 32955-5 (Tract Map No. 32955-5 subdivision into 110 residential lots, located on the south side of Seventh St)

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Packet Pg. 329 Attachment: Agreement for Completion of Public Improvements Tract No. 32955-5 (Tract Map No. 32955-5 subdivision into 110 residential lots, May 7, 2024
TO: City Council
REQUESTED BY: Travis Randel, Deputy City Manager, Development Services APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Over the Counter Solar Approvals - SolarApp+ - Resolution 4024 RECOMMENDATION:

Staff recommends that the City Council:

1. Determine that the proposed project is exempt from environmental review under the California Environmental Quality Act (CEQA) under the California Code of Regulations pursuant to State CEQA Guidelines (Cal. Code Regs., § 15000 et seq.) Section 15061 (b)(3) - Common Sense Exemption in that it can be se seen with certainty that there is no possibility that the project may have a significant effect on the environment.

2. Adopt Resolution No. 4024, thereby authorizing the City's participation in the SolarApp+ Over the Counter Solar Expedited Service Program.

DISCUSSION:

The State of California has been actively promoting renewable energy initiatives to combat climate change and reduce greenhouse gas emissions. One such initiative is the implementation of solar energy systems in residential and commercial buildings. Senate Bill 379 (SB 379), also known as the Solar Access Act, mandates that local jurisdictions streamline the permitting process for solar installations to expedite the adoption of solar energy. SB 379 also requires that local agencies implement an online, automated permitting platform for residential solar energy systems. The platform is required to verify code compliance and issue permits in real time to a licensed contractor for most residential solar energy systems. In addition, the platform is required to be “consistent with the system parameters and configurations, including an inspection checklist, of SolarAPP+”. (SB 379 Bill Analysis - Assembly Committee on Local Government).

In addition to SB 379, various state laws, including Assembly Bill 2188 (AB 2188), Senate Bill 7 (SB 7), and Assembly Bill 1054 (AB 1054), require local jurisdictions to provide over-thecounter approval for certain types of solar projects. These laws aim to simplify and expedite the permitting process for small-scale solar installations, further facilitating the transition to renewable energy sources.

In response to this legislation, the Department of Energy (DOE) launched SolarApp+, an online platform, designed to simplify and standardize the permitting process for rooftop solar installations. SolarApp+ provides a streamlined process for permitting solar projects, reducing paperwork, and expediting approvals while ensuring compliance with all relevant building codes and regulations.

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SolarApp+ provides local governments with a standard portal for receiving and processing permit information for residential solar and solar+ storage systems. The portal conducts an automated permitting review for safety and code compliance, enabling local governments to adopt the tool to approve solar permits instantly. SolarAPP+ provides solar developers with a streamlined form that includes all the required specifications for permit applications, and it also will provide transparency into permitting timelines.

Staff has reviewed a number of options related to compliance with SB 379 and determined that SolarApp+ provides the best solution to ensure compliance with state law. One of the key components of SolarApp+ is its simple integration and standalone implementation, allowing for jurisdictional flexibility. In addition, unlike other software solutions, SolarApp+ is free for city and county permitting departments.

The purpose of SolarApp+ is to automate the city's solar permitting review process and deliver instant permits to code-compliant residential PV systems. Implementation will save plan review time for staff, allowing them to focus on more complex applications, and will cut red tape that creates bottlenecks for staff, installers, and homeowners. By integrating SolarApp+ into the City’s permitting process, the aim is to enhance efficiency, reduce administrative burdens, and encourage the widespread adoption of solar energy within our community while ensuring compliance with state laws requiring over-the-counter approval for certain projects.

To that end, Staff requests that the City Council adopt Resolution No. 4024 authorizing staff to implement the SolarApp+ program. Staff has worked on configuring San Jacinto Connect Online, the City’s one-stop portal for projects and permits to accept and process over the counter SolarApp+ projects.

For customers interested in utilizing the SolarApp+ solution, there is a two-step process. First, the applicant would submit plans using the SolarApp+ portal and pay a nominal processing fee (currently $25). The plans are reviewed and verified by the system before being returned to the applicant with the SolarApp+ approval stamp. Once approved, the applicant would submit the approved plans to City via San Jacinto Connect Online, pay the permit and inspection fees, and receive a permit in real-time. Inspections would continue as normal, and the applicant would still need to coordinate the interconnect agreement with Southern California Edison.

The implementation of SolarApp+ represents a significant opportunity for the City of San Jacinto to modernize its permitting process, support the expansion of solar energy infrastructure, and comply with state laws requiring over-the-counter approval for certain types of solar projects. By adopting this platform, we can streamline operations, reduce barriers, and contribute to the state's broader efforts to mitigate climate change.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed project is exempt from environmental review under the California Environmental Quality Act (CEQA) under the California Code of Regulations pursuant to State CEQA Guidelines (Cal. Code Regs., § 15000 et seq.) Section 15061 (b)(3) – Common Sense Exemption in that it can be se seen with certainty that there is no possibility that the project may have a significant effect on the environment. Resolution 4024 authorizes the City to implement the

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provisions of SB 379 consistent with state law, resulting in changes to processes and procedures for reviewing and approving certain residential roof-mounted solar projects. It can be seen with certainty that the adoption of Resolution No. 4024 will have a significant impact on the environment.

FISCAL IMPACT:

There is no impact to the General Fund for implementing SolarApp+. The additional cost for submitting through SolarApp+ will be paid directly by the applicant.

ATTACHMENTS:

Resolution No. 4024
Benefits of the SolarAPP+ Online Permitting Software
160 Communities Now Automating Solar Permitting with SolarAPP+ Eligibility Checklist

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Packet Pg. 332
Resolution No. 4024

Page 1 of 3 ends

STATE OF CALIFORNIA ) RESOLUTION NO. 4024
COUNTY OF RIVERSIDE)ss

CITY OF SAN JACINTO )

A RESOLUTION OF THE CITY COUNCIL OF SAN

JACINTO AUTHORIZING THE IMPLEMENTATION OF THE
SOLARAPP+ PROGRAM
WHEREAS, the State of California, through Senate Bill 379 (SB 379), mandates that local jurisdictions streamline the permitting process for solar installations to expedite the adoption of solar energy; and
WHEREAS, SB 379 requires local agencies to implement an online, automated permitting platform for residential solar energy systems consistent with the system parameters and configurations of SolarAPP+; and
WHEREAS, various state laws, including Assembly Bill 2188 (AB 2188), Senate Bill 7 (SB 7), and Assembly Bill 1054 (AB 1054), require local jurisdictions to provide overthe-counter approval for certain types of solar projects, aiming to simplify and expedite the permitting process for small-scale solar installations; and WHEREAS, in response to this legislation, the Department of Energy (DOE) launched SolarApp+, an online platform designed to simplify and standardize the permitting process for rooftop solar installations, providing a streamlined process for permitting solar projects while ensuring compliance with all relevant building codes and regulations; and
WHEREAS, SolarApp+ provides local governments with a standard portal for receiving and processing permit information for residential solar and solar+storage systems, conducting an automated permitting review for safety and code compliance, and enabling instant approval of solar permits for code-compliant residential PV systems; and WHEREAS, SolarApp+ offers a simple integration and standalone implementation, providing jurisdictional flexibility, and is available to city and county permitting departments free of charge; and
WHEREAS, the implementation of SolarApp+ will enhance efficiency, reduce administrative burdens, and encourage the widespread adoption of solar energy within our community while ensuring compliance with state laws requiring over-the-counter approval for certain projects;
NOW THEREFORE, BE IT RESOLVED, determined, and ordered by the City Council of the City of San Jacinto, California as follows:

3.A.14.a
Packet Pg. 333 Attachment: Resolution No. 4024 (Over the Counter Solar Approvals - SolarApp+ - Resolution 4024) Resolution No. 4024

Page 2 of 3 ends

SECTION 1. Authorization to Implement SolarApp+ Program. The City Council hereby authorizes and directs staff to implement the SolarApp+ program for processing solar permit applications in the City of San Jacinto.

SECTION 2. Implementation Process. Staff is authorized to configure San Jacinto Connect Online, the City’s one-stop portal for projects and permits, to accept and process over-the-counter SolarApp+ projects. Applicants interested in utilizing the SolarApp+ solution shall follow a two-step process: (1) submit plans using the SolarApp+ portal and pay a nominal processing fee; (2) submit the approved plans to the City via San Jacinto Connect Online, pay the permit and inspection fees, and receive a permit in real time.

SECTION 3. Environmental Review. The proposed project is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061 (b)(3) – Common Sense Exemption, as it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment.

SECTION 4. Effective Date. This resolution shall take effect immediately upon adoption.

PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council on the 7 th day of May 2024 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

CITY OF SAN JACINTO:
_____________________________
Phil Ayala, Mayor
ATTEST:
_____________________________________
Julia Espinoza, City Clerk
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
_____________________________________
Craig Hayes, City Attorney

3.A.14.a
Packet Pg. 334 Attachment: Resolution No. 4024 (Over the Counter Solar Approvals - SolarApp+ - Resolution 4024) Resolution No. 4024

Page 3 of 3 ends

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss

CITY OF SAN JACINTO)

CERTIFICATION
I, Julia Espinoza, duly appointed City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. 4024 was duly passed, approved and adopted at a regular meeting of the City Council of the City of San Jacinto on the 7 th day of May
2024, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND OFFICIAL SEAL this 7
th day of May 2024.
_________________________
Julia Espinoza, City Clerk
City of San Jacinto

3.A.14.a
Packet Pg. 335 Attachment: Resolution No. 4024 (Over the Counter Solar Approvals - SolarApp+ - Resolution 4024) Photo by NREL 22167
Benefits of the SolarAPP+ Online
Permitting Software
Your jurisdiction can instantly issue permits for code-compliant, residential solar systems Solar permitting can be a major bottleneck
for residential solar installations. The
Solar Automated Permit Processing Plus
(SolarAPP+) software eases the permitting
process and cuts red tape—making it
easier for authorities having jurisdiction
(AHJs) across the United States to issue
permits for residential photovoltaic (PV)
systems and solar-plus-storage systems.

SolarAPP+ is available to AHJs at no cost.

What SolarAPP+ Can Do for
Your Jurisdiction
• Automate your solar permitting review process
• Deliver instant permits to code-compliant residential PV systems
• Save plan review time for your permitting staff, allowing them to focus on more complex applications
• Cut red tape that creates bottlenecks for staff, installers, and homeowners
• Make solar energy more accessible to homeowners in
your community
• Help accelerate solar adoption nationwide.

How SolarAPP+ Improves Your
Permitting Process
Most residential solar systems—about 70% to 80% of permits submitted—are simple and standardized, but the sheer
volume of applications can be time-consuming and resourceintensive for your permitting department.

SolarAPP+ helps make permit department workloads
manageable and improves customer service by:
• Automatically checking residential solar and storage
system designs for safety and code compliance
• Using standardized compliance checks to catch typos
and other errors—returning corrections to the applicant instantly
• Approving permits for code-compliant PV systems
instantly, while noncompliant systems go through a typical permitting review
• Producing an inspection checklist that replicates the application details for inspectors to use and confirm

3.A.14.b
Packet Pg. 336 Attachment: Benefits of the SolarAPP+ Online Permitting Software (Over the Counter Solar Approvals - SolarApp+ - Resolution 4024) NREL is a national laboratory of the U.S. Department of Energy Office of Energy Efficiency and Renewable Energy
Operated by the Alliance for Sustainable Energy, LLC
NREL/FS-6A20-85011 • February 2023
• Allowing the permitting department to collect the same permit fees
• Keeping up to date with relevant codes and certifications as new editions and technologies are adopted—reducing the
need to constantly retrain staff on new codes.

How SolarAPP+ Works
Piloting and adopting SolarAPP+ is easy. Installers pay a small administrative fee per project to support SolarAPP+ updates and long-term availability. Onboarding is supported by NREL and Underwriter Laboratories (UL)—and is customized to suit your jurisdiction’s unique needs. The software will always be offered to AHJs at no cost to use for plan review, approval, and fee payments.

You can use SolarAPP+ as a stand-alone product or integrate it with existing software and inspection platforms. Today, SolarAPP+ can permit solar and solar-and-storage systems. In the future, SolarAPP+ will incorporate other technologies, such as electric vehicle charging equipment and other smart home technologies.

SolarAPP+’s Proven Performance
In 2021—SolarAPP+’s first year of operation—NREL released the SolarAPP+ Performance Review, which summarized the
impact of SolarAPP+. Researchers found:
• Participating AHJs saved more than 3,000 hours of
jurisdiction staff time—roughly the equivalent of adding

1.5 full-time employees to their staffs.
• Median permit review time was 0 days—because, with
SolarAPP+, approval is instantaneous for code-compliant systems.
• SolarAPP+ reduced permitting delays by more than 50,000 days—collectively, across all AHJs that adopted
the platform.
• There was no impact on the inspections required by AHJs using SolarAPP+.

When rooftop PV installation hurdles are simplified,
homeowners are happier and growth compounds—and local
governments benefit from greater resilience, flexibility, and economic development.

How To Get Started With
SolarAPP+
To learn more and start piloting SolarAPP+ in your jurisdiction, view our 5 Steps to SolarAPP+ Adoption fact sheet or register at solarapp.nrel.gov/register.

List of AHJs Using SolarAPP+
At the end of 2022, more than 27 communities across 11 states were using SolarAPP+. See the latest information on how widely SolarAPP+ has been adopted, including which states and communities are using the platform, at: https://solarapp. nrel.gov/adoption_at_a_glance.
• Arizona—5 AHJs
• California—24 AHJs
• Colorado—1 AHJ
• Connecticut—1 AHJ
• Florida—1 AHJ
• Illinois—2 AHJs
• Iowa—1 AHJ
• Michigan—1 AHJ
• Texas—3 AHJs
• Virginia—2 AHJs
• Wisconsin—1 AHJ
“The permitting process was taking four
weeks. Now, with SolarAPP+, we give a
permit the same day.”
—Tucson (AZ) Mayor Regina Romero
“[With SolarAPP+], we’re now able to move
qualifying solar permits directly to field
inspections, which is giving our staff much
needed time to work on other, more
complex projects.”
—Geoff Simmons, Chief Building Official, Pleasant Hill (CA What Communities Are Saying About SolarAPP+

3.A.14.b
Packet Pg. 337 Attachment: Benefits of the SolarAPP+ Online Permitting Software (Over the Counter Solar Approvals - SolarApp+ - Resolution 4024) Solar Energy Technologies Office
160 Communities Now Automating Solar
Permitting with SolarAPP+
DECEMBER 20, 2023
SOLAR ENERGY TECHNOLOGIES OFFICE 
Solar Energy Technologies Office » 160 Communities Now Automating Solar Permitting with SolarAPP+ More than 160 communities in the United States are now using Solar Automated Permit Processing Plus (SolarAPP+™), a free, online software platform for local governments that standardizes, streamlines, and automates the solar permitting process. The platform has helped local governments approve more than 32,800 projects, saving more than 33,000 hours of permitting staff time without sacrificing safety or code compliance.

Reaching the target of a 100% carbon-free electricity grid by 2035 will require two to three times the current rate of solar deployment. Unintentional roadblocks—such as permits waiting in a queue to be approved—present challenges to the residential rooftop PV market by increased compliance costs and installation timelines.

Communities are piloting & adopting Communities are piloting Communities are engaged Not engaged © Natural Earth
Where Communities Are Using SolarAPP+
Funded by the U.S. Department of Energy Solar Energy Technologies Office (SETO), the National Renewable Energy Laboratory (NREL) developed SolarAPP+ in collaboration with the solar industry, code organizations, the Office of
ENERGY EFFICIENCY & RENEWABLE ENERGY 

3.A.14.c
Packet Pg. 338 Attachment: 160 Communities Now Automating Solar Permitting with SolarAPP+ (Over the Counter Solar Approvals - SolarApp+ - Resolution building safety community, and local governments. SolarAPP+ makes it easier and faster for jurisdictions to issue permits for residential rooftop solar photovoltaic (PV) systems and solar-plus-storage systems. “SolarAPP+ ensures solar projects meet code requirements, enhancing safety while significantly shortening cycle time and accelerating the trajectory towards our climate goals,” said Mark Rodriguez, executive director of the SolarAPP+ Foundation, which will be responsible for SolarAPP+’s long-term stewardship.

SolarAPP+ Adopted in More States as Platform Becomes More Accessible
With a recent surge in interest from local governments, 160 communities across 10 states are using SolarAPP+ as of December 2023. Maryland, Colorado, Iowa, Oklahoma, Virginia, and Wisconsin are the latest states to have communities start using SolarAPP+.
“SolarAPP+ is saving our customers time and money, reducing our staff workload, and helping San Francisco with our goal of transitioning to 100% renewable electricity by 2025 and 100% renewable energy by 2040,” said San Francisco Department of Building Inspection Director Patrick O’Riordan. “It has also been another step in our ongoing efforts to modernize our operations and make our permitting processes easier and more customer friendly.”
Following a development roadmap and taking feedback from adopting communities, the SolarAPP+ team is continuing to improve and expand the software’s functionality with regular updates. SolarAPP+ can now permit PV systems that include battery storage and the recently released SolarAPP+ application programming interface (API) makes it easier for SolarAPP+ to integrate with commonly used government software platforms, further improving the accuracy of code compliance checks.

Automated Permitting Could Be Key to Further Reducing Residential Solar Costs
Solar permitting can cause a major bottleneck for residential solar installations, adding weeks or even months to adoption timelines and thousands of dollars to the customer price tag. A survey of PV installers suggests many installers either avoid communities with burdensome permitting requirements or charge a 10%-20% price premium. SolarAPP+ helps make workloads more manageable for local government staff by significantly cutting the time spent processing rooftop solar permits without sacrificing safety or code compliance. For homeowners, SolarAPP+ can reduce lengthy permitting delays by approving permits instantly for qualified systems and letting customers start saving money on energy bills even sooner.

3.A.14.c
Packet Pg. 339 Attachment: 160 Communities Now Automating Solar Permitting with SolarAPP+ (Over the Counter Solar Approvals - SolarApp+ - Resolution Office of
Energy Efficiency & Renewable Energy
Office of Energy Efficiency & Renewable Energy
Forrestal Building
1000 Independence Avenue, SW
Washington, DC 20585
   
An office of
ABOUTOFFICEOFENERGYEFFICIENCY&RENEWABLEENERGY 
ENERGY.GOVRESOURCES 

FEDERALGOVERNMENT
In recent industry interviews for NREL’s 2023 PV cost benchmark report, a separate NREL research team found that “in the residential sector, one of the most frequently mentioned ways to reduce costs was by increased adoption of SolarAPP+.”
“We are very proud of the impacts SolarAPP+ has had,” said Jeff Cook, SolarAPP+ Program Lead at NREL. “The rapid adoption by local governments across the country proves that safe, automated permitting is not only possible, but delivers immense benefits to local governments, homeowners, and contractors. We encourage all communities to consider piloting SolarAPP+ to see what it can do for you.” SolarAPP+ is available free to jurisdictions and is supported by administrative fees paid by installers. Learn more about how it works and register your jurisdiction to use SolarAPP+ today.

3.A.14.c
Packet Pg. 340 Attachment: 160 Communities Now Automating Solar Permitting with SolarAPP+ (Over the Counter Solar Approvals - SolarApp+ - Resolution W
ebPolicies•Privacy•NoFearAct•WhistleblowerProtection•NoticeofEEOFindingsofDiscrimination• Information Quality • Open Gov • Accessibility • Vulnerability Disclosure Program 

3.A.14.c
Packet Pg. 341 Attachment: 160 Communities Now Automating Solar Permitting with SolarAPP+ (Over the Counter Solar Approvals - SolarApp+ - Resolution SolarAPP PV Eligibility 09/08/2022
System
New Rooftop Residential Retrofit PV Systems
Installed by contractor with all licenses required by jurisdiction Each residence must have a unique utility meter
Electrical
Applicable National Electric Code
600V Max per DC System Size
Single phase 240 V only
No Aluminum Wires
Must Use 600V rated PV wire (due to outer diameter > 0.24" (6.1mm)) Must use 90 deg C rated insulated wire
Max 2 DC strings in parallel
Max 9 current carrying conductors in a raceway
Inverter output circuit conductors must be THWN-2, or listed NM Terminals must be rated to 75 deg C, labeled for use with Cu wires, and accept minimum 8 AWG wire Whenever used, the microinverters or AC Modules branch circuit overcurrent protection device must be rated for a maximum of 20A Permitted to install on up to or equal to 400A Service
Permitted to install on up to or equal to 225A Service Disconnect Permitted to install on up to or equal to 225A busbars
No existing PV or ESS
May install only 1 module type
May install up to 2 Inverters for String Inverters, up to 1 inverter type for Micro-inverters and AC modules Systems Conduit may not be Schedule 80 PVC
Modules and Inverters must be listed on CEC
Rapid Shutdown cannot be satisfied using the method: No exposed wiring or conductive parts [690.12(B)(2)(3)] No trenching allowed
All power production inverter outputs have the same point of connection No new loads, only new monitoring loads are allowed
All equipment is assumed to be non-continuous rated
May install only 1 racking system type
Height of rooftop conduit > = 7/8"
Flat Plate PV Modules Only
Structural
Detached one- and two-family dwellings and townhomes not more than three stories above grade plane in height with a separate means of egress Accessory structures to one- and two-family dwellings and townhomes not more than three stories above grade plane in height Penetrations within 4 ft of the fire-rated property line on the roof of a townhome shall not be permitted Installations in multi-family structures or R-2 occupancies shall not be permitted Installations on mobile homes governed by Heath and Safety Code and/or Housing and Urban Development regulations shall not be permitted.

Applicable International Residential Code
PV system + hardware weight is less than or equal to 4psf No ground mounted systems
No carports or non-permanent structures
No modification alterations or upgrades to the structure At least 20% of each tilt-up mounted array must be contained under 2 feet above the roof Installed on a permitted structure
No wood shake or wood shingle roofing
Limit of 10" above the roof for pitched (>2/12) roof systems No metal roof or low-slope roof in areas with > 15psf snow load Fire
Applicable International Residential Code
Powered by TCPDF (www.tcpdf.org)

Page 1 ends

3.A.14.d
Packet Pg. 342 Attachment: Eligibility Checklist (Over the Counter Solar Approvals - SolarApp+ - Resolution 4024) May 7, 2024
TO: City Council
REQUESTED BY: Travis Randel, Deputy City Manager, Development Services APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Professional Services Agreement for Environmental Consulting Services - Kimley Horn
RECOMMENDATION:

Staff recommends that the City Council authorize the City Manager to execute a Professional Services Agreement with Kimley-Horn for Environmental Consulting Services, not to exceed $1,000,000 (One Million Dollars), substantially as shown in Exhibit “A” and as approved by the City Attorney.

BACKGROUND/DISCUSSION:

Since 2018, the City has witnessed a remarkable surge in commercial development proposals, with numerous large-scale projects either already submitted or in the pre-submittal phase. As previously highlighted during discussions with the City Council under the Envision San Jacinto Program, the City has diligently worked toward streamlining the development process. This effort aims to offer greater certainty and transparency to the development community, while ensuring residents remain informed and engaged throughout the development review process.

Despite these strides, one of the predominant challenges faced by the City pertains to the specialized expertise demanded by the California Environmental Quality Act (“CEQA”).

Notably, the City lacks in-house resources such as Biologists or Archeologists, which would not only be impractical, but also financially unfeasible to maintain. Consequently, the City frequently collaborates with qualified consultants to assist in the preparation of highly technical studies and surveys. Furthermore, these consultants play a crucial role in translating complex technical information into accessible reports for the general public.

In 2019, the City Council approved the establishment of an On-Call Environmental Consultants list ("On-Call List"), thereby endorsing an alternative bidding process for the selection and retention of Environmental Consultants. This list comprised 11 reputable firms, each demonstrating extensive knowledge and experience within the City, County, or Southern California region. The selected firms offer a diverse range of comprehensive and specialized reports and services. Rather than immediately initializing Professional Services Agreements (“PSA”) with each consultant upon list selection, the City opted to contract with various firms as the need arose.

Given the recent influx of highly intricate projects and the City's commitment to delivering exemplary customer service, staff recommends that the City Council authorize the City Manager to execute a PSA with Kimley Horn. This agreement would facilitate technical assistance in reviewing and analyzing various environmental documents. The proposed PSA stipulates a "Not

3.A.15
Packet Pg. 343
to Exceed" amount of $1,000,000 (One Million Dollars), in alignment with the approval granted to Qualified Environmental Consultants in 2019. As environmental tasks are requested, City Staff will issue Task Orders to authorize Kimley Horn to commence work. The PSA will extend through June 30, 2025 (end of FY 24/25).

Developer Project costs for the 3rd Party Review will be borne by the applicant. Moreover, environmental work undertaken on behalf of a Capital Improvement Project (“CIP”) will be integrated into the CIP project budget.

The recommendation to authorize a PSA with Kimley Horn underscores the City's commitment to addressing the evolving needs of development while upholding environmental standards. By leveraging specialized expertise through strategic partnerships, the City endeavors to navigate complex challenges effectively while fostering sustainable growth and community engagement.

FISCAL IMPACT:

There is no fiscal impact. Costs associated with hiring a Consultant are paid for by the Project Applicant.

ATTACHMENTS:

Exhibit "A" - On-Call Environmental Review Services - Kimley-Horn

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Packet Pg. 344
24438.00000\42238923.1
(BB&K 2024) -1- Professional Services Agreement

CITY OF SAN JACINTO

ON-CALL PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 7th day of May, 2024, by and between the City of San Jacinto, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 595 South San Jacinto Avenue, San Jacinto, California 92583 ("City") and Kimley-Horn and Associates, Inc., a North Carolina Corporation, with its principal place of business at 3801 University Ave, Suite 300, Riverside, CA 92501 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.

Consultant represents that it is experienced in providing Environmental Review services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional services for the On-Call Environmental Review Services project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Environmental Review consulting services necessary for the Project ("Services"). The Services are described in Exhibit "A" attached hereto and incorporated herein by reference. The Services shall be more particularly described in the individual Task Order issued by the City or its designee. No services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “D”. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from May 8, 2024 to June 30, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than five additional oneyear terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. If a Task Order is in effect at the expiration of the term of this Agreement, the term of this Agreement will be automatically extended until Consultant completes the Services under said Task Order, or until the Agreement is otherwise terminated, as set forth herein.

3.A.15.a
Packet Pg. 345 Attachment: Exhibit "A" - On-Call Environmental Review Services - Kimley-Horn (Professional Services Agreement for Environmental 24438.00000\42238923.1
(BB&K 2024) -2- Professional Services Agreement

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. In no event shall the total amount paid for Services rendered by Consultant under this Agreement and all Task Orders issued hereunder, exceed One Million Dollars ($1,000,000) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.2 Payment of Compensation. The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.2.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”

3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any personnel performing the Services on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control.

Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional

3.A.15.a
Packet Pg. 346 Attachment: Exhibit "A" - On-Call Environmental Review Services - Kimley-Horn (Professional Services Agreement for Environmental 24438.00000\42238923.1
(BB&K 2024) -3- Professional Services Agreement
personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.3.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Kari Cano, Project Manager & Meghan Karadimos, Environmental Analyst

3.3.5 City's Representative. The City hereby designates Travis Randel, Deputy City Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates Kari Cano, Project Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.A.15.a
Packet Pg. 347 Attachment: Exhibit "A" - On-Call Environmental Review Services - Kimley-Horn (Professional Services Agreement for Environmental 24438.00000\42238923.1
(BB&K 2024) -4- Professional Services Agreement
necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.3.9 Period of Performance.

3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in each Task Order, Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

3.3.9.3 Should a Force Majeure Event occur, the non-performing 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 Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification. Consultant shall

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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 Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.3.10.1 Employment Eligibility; Consultant. Consultant certifies 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 subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

3.3.10.2 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, subsubcontractors or subconsultants to meet any of the requirements provided for in Sections

3.3.10.1 or 3.3.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section

3.3.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 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. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.3.10.4 Air Quality. To the extent applicable, Consultant 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 South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

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ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state 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.

3.3.11 Insurance.

3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant 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 00 01, or the exact equivalent, with limits of not 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 (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. If Consultant does not own any company vehicles or may not be able to purchase a Business Automobile Insurance Policy, the requirement may be satisfied by providing either of the following: (1) a

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Personal Automobile Liability policy for the Consultant's own vehicle stipulating "Automobile Liability Insurance with a limit of not less than $1,000,000 each accident"; or (2) a non-owned auto endorsement to the Commercial General Liability policy if Consultant 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. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant 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) Professional Liability (Errors & Omissions): (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. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Workers' Compensation: (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

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non-payment of premium. (2) 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.

3.3.11.4 Primary and Non-Contributing Insurance. All policies of insurance 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.

3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention 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.

3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, 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 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, Consultant 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.

3.3.11.8 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.

3.3.11.9 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

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

3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, 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 Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants 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 subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement 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 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to

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the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant 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. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant 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 the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.

3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant 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 DIR against Consultant or any subconsultant.

3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it 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 Services.

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3.5 Accounting Records.

3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: Kimley-Horn and Associates, Inc.
3801 University Ave.

Riverside, CA 92501
Attn: Kari Cano
City: City of San Jacinto
595 S. San Jacinto Avenue
San Jacinto, CA 92583
ATTN: City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its

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applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

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3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.5 Indemnification.

3.6.5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project, a Task Order, or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses

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except such loss or damage caused by the sole negligence or willful misconduct of the City.

Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.5.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.6.7 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 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, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such 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 Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.9 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.6.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work

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days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

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

3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant 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 Consultant, 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 Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.6.18 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6.20 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.

3.6.21 Order of Precedence. The following order and succession of the referenced documents shall govern in the event of conflict between documents:

3.6.21.1 Amendment(s)

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3.6.21.2 This Agreement

3.6.21.3 Task Orders

3.7 Subcontracting.

3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF SAN JACINTO AND
KIMLEY-HORN AND ASSOCIATES, INC.

IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF SAN JACINTO KIMLEY-HORN AND ASSOCIATES, INC.

By: ____________________________ By: ____________________________ Robert A. Johnson Kari Cano
City Manager Project Manager
Attest:
____________________________
City Clerk
Approved as to Form:
____________________________
Best Best & Krieger LLP
City Attorney

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EXHIBIT "A"

SCOPE OF SERVICES
The City of San Jacinto is contracting with Kimley-Horn and Associates, Inc. for On-call Environmental Review Services on a task order basis that may include:

1. Preparation of CEQA Documents:
- Conduct environmental assessments and studies as required by the California Environmental Quality Act (CEQA).
- Prepare Initial Studies, Environmental Impact Reports (EIRs), Negative Declarations, or Mitigated Negative Declarations.

2. Preparation of NEPA Documents:
- Conduct environmental assessments and studies in compliance with the National Environmental Policy Act (NEPA).
- Prepare Environmental Assessments (EAs) or Environmental Impact Statements (EISs) as necessary.

3. Third-Party Review of CEQA Documents:
- Provide independent review and analysis of CEQA documents prepared by other entities.
- Offer expert recommendations and feedback to ensure compliance with CEQA regulations and guidelines.

4. Third-Party Review of NEPA Documents:
- Provide independent review and analysis of NEPA documents prepared by other entities.
- Offer expert insights and recommendations to ensure compliance with NEPA requirements.

5. Posting of Documents:
- Assist with the public posting and distribution of CEQA and NEPA documents in accordance with regulatory requirements.
- Utilize appropriate channels for document dissemination, such as websites, public libraries, or municipal offices.

6. Attendance at Public Meetings and Hearings:
- Represent the City at public meetings, hearings, and workshops related to the environmental review process.
- Provide expert testimony and address inquiries from stakeholders and the public regarding environmental issues.

7. Consultation and Coordination:
- Collaborate with City staff, project proponents, regulatory agencies, and other

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24438.00000\30452526.2
Exhibit “A”-2
stakeholders throughout the environmental review process. - Facilitate communication and coordination to ensure all parties are informed and engaged.
- Coordination between project applicants/consultants and City staff for expedited processing.

8. Technical Analysis and Reporting:
- Conduct detailed technical analyses related to environmental impacts, mitigation measures, and project alternatives.
- Prepare comprehensive reports documenting findings, methodologies, and conclusions in accordance with CEQA and NEPA requirements.

9. Compliance Monitoring and Reporting:
- Monitor project implementation to ensure compliance with environmental mitigation measures and conditions of approval.
- Prepare periodic compliance reports for submission to regulatory agencies and stakeholders.

10.Quality Assurance and Quality Control:
- Implement rigorous QA/QC protocols to ensure accuracy, reliability, and integrity of environmental documentation.
- Conduct peer reviews and internal audits to identify and address any discrepancies or deficiencies.

11.Project Management and Administration:
- Oversee all aspects of the environmental review process, including budgeting, scheduling, and resource allocation.
- Provide regular updates and progress reports to the City and stakeholders, addressing any concerns or issues as they arise.

12.Training and Capacity Building:
- Offer training sessions and workshops for City staff and officials on CEQA and NEPA compliance, environmental planning, and related topics. - Build internal capacity within the City for future environmental review efforts and decision-making processes.

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(BB&K 2024) Exhibit “C”-1 Professional Services Agreement EXHIBIT "C"

COMPENSATION
Classification Rate
Graphics/Admin. Support $135
Analyst $150
Technical Specialist/Project Manager $260
Project Director $315
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties.

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(BB&K 2024) Exhibit “D”-1 Professional Services Agreement EXHIBIT “D”

SAMPLE TASK ORDER FORM

TASK ORDER SAMPLE
Task Order No. _______
Agreement: [INSERT TITLE OF AGREEMENT]
Consultant: [INSERT NAME OF CONSULTANT]
Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above:

List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date: _____________
The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above.

CITY OF SAN JACINTO [INSERT NAME OF CONSULTANT]
Dated: Dated:

By: By:

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TO: City Council
REQUESTED BY: Travis Randel, Deputy City Manager, Development Services APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Contract Extension of Right of Way Use Agreement for Wayfinding Signs RECOMMENDATION:

Staff recommends that the City Council authorize the City Manager to execute future extensions permitted in the Right-of-Way Use Agreement for Wayfinding Signs dated June 1, 2021, between the City of San Jacinto and the Building Industry Association of Southern California.

DISCUSSION:

On May 4, 2021, the City Council authorized the City Manager to execute a contract with the Business Industries Association of Southern California (“BIA”) to implement and administer the City’s New Home Kiosk Program (“Program”). The BIA Directional Sign Program has been in existence since the 1980s, providing wayfinding signs for home builders, commercial projects, and apartment communities in over 43 municipalities throughout Southern California, including Beaumont, Calimesa, Covina, Lake Elsinore, Rancho Cucamonga, Upland, Wildomar and the County of Riverside. The BIA operates and manages the sign program from installation to maintenance.

Under the agreement, the BIA administers, manages, operates, and maintains the Program. The Program included the removal of all previous signs constructed by United Communities Network, the City’s former Program administrator, and authorized the placement of new signs, as requested by local developers. The signs are constructed within the public rights-of-way and, therefore, subject to the issuance of an encroachment permit and approval by the City Engineer.

Under the Program, the BIA is responsible for all maintenance, installation, and removal of the signs as well as contracting with local participants, including new homebuilders that would like to lease space on the signs. Unlike the previous program, which required the City to authorize task orders, this program would allow the BIA to remove and install new panels as builders are added or removed from the Program; only a new sign would require City approval.

As part of the Program, the City will receive an allocation of sign panels to be placed throughout the City to provide direction to City facilities such as City Hall, Police Department, Fire Department, Community Center, Estudillo Mansion, etc. The specific allocation and placement would be determined by City Staff in collaboration with the BIA.

Panels on the new home kiosks are limited to City-approved subdivisions, regional entertainment destinations, and city facilities located within the City limits. Subdivisions or regional entertainment destinations located outside of the City will not be eligible to be placed on the kiosk signs.

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The original Program Terms were for June 1, 2021, through June 30, 2023. The City has a unilateral option, at its sole discretion, to renew the Program for five additional one-year terms.

While no directional signs were installed by the BIA during the initial term, the contract was fully executed with the removal of the United Communities Network signs.

FISCAL IMPACT:

There is no fiscal impact to extending the contract.

ATTACHMENTS:

Renewal of Right-of-Way Use Agreement for Wayfinding Signs Letter Right-of-Way Use Agreement for Wayfinding Signs Agreement - BIASC

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595 S. San Jacinto Ave. | San Jacinto, CA 92583 | Ph 951-487-7330 | Fax 951-654-3728 | www.sanjacintoca.gov Phil Ayala
Mayor
Valerie Vandever
Mayor Pro Tem
Alonso Ledezma
Councilmember
Brian Hawkins
Councilmember
Crystal Ruiz
Councilmember
Robert Johnson
City Manager
May 7, 2024

VIA EMAIL
Mr. Craig Foster
Building Industry Association of Southern California
17192 Murphy Ave. #14445
Irvine, CA 92623
SUBJECT: RENEWAL OF RIGHT-OF-WAY USE AGREEMENT FOR WAYFINDING SIGNS Dear Mr. Foster:

As you may know, the Building Industry Association of Southern California (“BIA”) and the City of San Jacinto (“City”) are parties to a certain Right-of-Way Use Agreement for Wayfinding Signs (“Agreement”) dated June 1, 2021. The initial term of the Agreement was from June 1, 2021 to June 30, 2023. However, pursuant to Section 4 of the Agreement, the City has the “unilateral option, at its sole discretion, to renew this Agreement for five additional one-year terms.”
The purpose of this letter is to: (1) confirm that the City previously exercised the first of its five unilateral, one-year renewal options, extending the term of the Agreement to June 30, 2024; and (2) to formally notify the BIA that the City is hereby formally exercising the second of its five unilateral, one-year renewal options, extending the term of the Agreement to June 30, 2025.

We kindly request that you indicate your acknowledgement of this letter below and return an executed copy to Travis Randel, Deputy City Manager, at [email protected]. If you have any questions or concerns regarding the foregoing, please contact Deputy City Manager Randel.

Sincerely,
CITY: ACKNOWLEDGEMENT:

City of San Jacinto, BIA: Building Industry Association of Southern California
By _____________________ By _____________________
Robert A. Johnson Craig Foster
City Manager Executive Vice President

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Attachment: Right-of-Way Use Agreement for Wayfinding Signs Agreement - BIASC (Contract Extension of Right of Way Use Agreement for May 7, 2024
TO: City Council
REQUESTED BY: Travis Randel, Deputy City Manager, Development Services APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: License Agreement between the City of San Jacinto and Watermill Express
RECOMMENDATION:

Staff recommends that the City Council:

1. Determine that the proposed project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) under the California Code of Regulations pursuant to State CEQA Guidelines (Cal. Code Regs., § 15000 et seq.) Section 15301 - Existing Facilities; Section 15302 - Replacement or Reconstruction; 15303 - New Construction or Conversion of Small Structures; 15304 - Minor Alterations to Land; 15327 - Leasing New Facilities and 15332 - In-Fill Development Projects.

Further, the project is exempt from further review pursuant to Section 15061 (b)(3) - Common Sense Exemption in that it can be se seen with certainty that there is no possibility that the project may have a significant effect on the environment.

2. Authorize the City Manager to execute a License Agreement with Watermill Express substantially as shown in Exhibit “A” and as approved by the City Attorney.

DISCUSSION:

Watermill Express owns and operates a small, 41-square-foot water dispensing kiosk at the southwest corner of San Jacinto Avenue and 7th Street. The kiosk was installed in 2001 and is now located within the City’s Right-of-Way (“ROW”). While the City owns the ROW, there are no active plans to widen either roadway at this time as additional ROW will be required to cover multiple properties in the area to build the roadway to the ultimate configuration.

Watermill Express has submitted an application to remove and replace its existing kiosk with a slightly larger 94-square-foot modern kiosk that will include the dispensing of ice. The new kiosk is in the same general location as the existing one. Typically, new construction is required to be located entirely outside of the public ROW to ensure that such development does not conflict with City policies, including the General Plan and off-site circulation, and that all such development is located on private property. However, as noted above, while the City owns the ROW where the Watermill Express is located, there are no immediate plans to widen either street at this time. In reviewing the application packet, relocation of the facility would significantly alter the on-site circulation of the site resulting in an undue burden on the property owner and potentially creating new conflicts with vehicle and pedestrian circulation and access. As such, staff is recommending that the kiosk remain in the general location where it is currently located

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and Watermill Express enter into a License Agreement with the City.

A License Agreement (“Agreement”) is similar to an encroachment permit, whereas an applicant is able to utilize the Public ROW to develop their project. However, unlike an encroachment permit, an Agreement does not expire unless terminated by the Licensee or the City. The proposed Agreement with Watermill Express (“Licensee”) would allow them to “lease” area within our ROW in exchange for a nominal fee (currently proposed at $120 annually). While the Agreement will allow the Licensee to occupy the space within the ROW in perpetuity, the City has the right to terminate the agreement at its convenience with 30 days advanced notice. The City will have no obligation to reimburse the Licensee for the facility or any other improvements to the property or site. Upon termination of the Agreement, the Licensee is required to remove all the covered improvements and restore the property to pre-agreement condition. In addition, the Licensee is required to maintain minimum insurance coverage that list the City additionally insured.

ENVIRONMENTAL DETERMINATION:

Staff is recommending that the City Council determine that the proposed project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) under the California Code of Regulations pursuant to State CEQA Guidelines (Cal. Code Regs., § 15000 et seq.) Section 15301 – Existing Facilities; Section 15302 – Replacement or Reconstruction; 15303 – New Construction or Conversion of Small Structures; 15304 – Minor Alterations to Land; 15327 – Leasing New Facilities and 15332 – In-Fill Development Projects.

As noted above, the development project involves the demolition of a 41 square foot water dispenser kiosk and construction of a 94 square foot water and ice dispensing kiosk, generally in the same location. The kiosk is located within a developed parcel that includes multiple commercial buildings and associated parking lots. The lot is 100% paved and has no potential for sensitive plant or animal species. The proposed License Agreement will allow for the applicant to lease a portion of the excess Right-of-Way to accommodate the reconstructed kiosk. In the event the City elects to terminate the lease, the City has the option with a 30 day advanced written notice. Based on these facts, it can be seen with certainty that the project will not have a significant impact on the environment.

FISCAL IMPACT:

The proposed License Agreement will result in a minor positive cash flow of $120 annually into the General Fund.

ATTACHMENTS:

Exhibit "A" - License Agreement - Windmill Express
Windmill Express Project Plans

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24438.00000\42131232.1
1 CITY OF SAN JACINTO

LICENSE AGREEMENT
This License Agreement (“Agreement”), is made and entered into this 1st day of April, 2024 (“Effective Date”) by and between the City of San Jacinto, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 595 S. San Jacinto Avenue, San Jacinto, CA 92583 (“CITY”), and Watermill Express, a Limited Liability Company with its principal place of business at 1177 S 4th Ave, Brighton, CO 80601 (“LICENSEE”) CITY and LICENSEE are sometimes individually referred to as “Party” and collectively as “Parties”.

RECITALS
A. CITY is the owner of certain real property commonly referred to as San Jacinto Avenue and Seventh Street, and legally described in Exhibit “A” attached hereto and incorporated herein by reference. (the “Property’).

B. The Parties wish to enter into this Agreement whereby CITY will allow LICENSEE to enter onto the Property, on a temporary basis, for the construction and operation of a Watermill Express kiosk, and onsite parking (the “Facility”), at the southwest corner of San Jacinto Avenue and Seventh Street, more precisely depicted in Exhibit “B” attached hereto and incorporated herein by reference (the “Site”).

NOW, THEREFORE, in consideration of the foregoing and the mutual promises contained herein, the Parties agree as follows:

AGREEMENT

1. License and Right of Entry to Property. Subject to the terms and conditions hereinafter set forth, CITY hereby grants to LICENSEE, including its agents, employees and contractors, a revocable, non-exclusive license to enter onto the Property for the purpose of accessing, installing, repairing, and maintaining the Facility at the Site.

Construction, installation and maintenance of the Facility shall be accomplished in such a manner so that it will not interfere with or be a source of danger to the Property or other activities on the Property. Any aspect of the Facility which will interfere with other uses on the Property and at the Site shall be approved in advance by CITY.

2. Term. The term (“Term”) of this Agreement shall commence on the Effective Date and shall continue in full force and effect in perpetuity from the Effective Date or until terminated as provided herein.

3. Compensation. As compensation for the grant of the license herein and for the use of the Property and Site, as provided herein, LICENSEE agrees to pay to CITY a monthly license fee in the amount of ten dollars ($10.00) (“License Fee”).

DocuSign Envelope ID: 7ACDF4E1-244A-4078-A4CE-7ECD3AFB917F

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2 4. Use. LICENSEE shall use the Property and Facility solely for the purposes specified in this Agreement and for such lawful purposes as may be directly incidental thereto. No change shall be made by LICENSEE in the use of the Property or the Facility without CITY’s prior written approval.

5. Notice Prior to Initial Entry. LICENSEE shall provide CITY no less than three (3) days prior written notice before LICENSEE’s initial entry onto the Property for the purposes hereunder.

6. Condition of Premises. LICENSEE ACCEPTS THE PROPERTY IN ITS “AS IS” CONDITION, WITH ALL FAULTS. LICENSEE ACKNOWLEDGES AND AGREES THAT

LICENSEE IS ENTERING THE PROPERTY UNDER THIS AGREEMENT BASED ON

LICENSEE'S OWN INVESTIGATIONS AND KNOWLEDGE OF THE PROPERTY AND

THAT, EXCEPT AS OTHERWISE SPECIFICALLY STATED IN THIS AGREEMENT,

NEITHER CITY NOR ANY AGENT OF CITY, HAS MADE ANY REPRESENTATION OR

WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH REGARD TO THE

PHYSICAL CONDITION OF THE PROPERTY OR THE SUITABILITY OF THE

PROPERTY FOR ANY PARTICULAR PURPOSE OR USE, INCLUDING, WITHOUT

LIMITATION, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE

APPLICABILITY OR NON-APPLICABILITY OF ANY LAWS, THE SOIL OR SUBSOIL,

SURFACE OR SUBSURFACE CONDITIONS, TOPOGRAPHY, POSSIBLE

HAZARDOUS SUBSTANCES CONTAMINATION, FILL, DRAINAGE, ACCESS TO

PUBLIC ROADS, AVAILABILITY OF UTILITIES, EXISTENCE OF UNDERGROUND

STORAGE TANKS, APPLICABILITY OF OR COMPLIANCE WITH ANY

ENVIRONMENTAL LAWS OR ANY OTHER MATTER OF ANY NATURE
WHATSOEVER. CITY IS NOT RESPONSIBLE FOR DAMAGE TO OR LOSS BY THEFT OF LICENSEE’S PROPERTY LOCATED IN OR ON THE PROPERTY.

7. Termination of License.

A. Notwithstanding any other term or provision of this Agreement, CITY may terminate this Agreement at any time for its convenience by providing written notice to LICENSEE thirty (30) days prior to the date of termination. CITY shall have no obligation to reimburse LICENSEE for the Facility or any other improvements to the Property or Site.

B. LICENSEE may terminate this Agreement at any time for its convenience by providing written notice to CITY thirty (30) days prior to the date of termination.

8. Hazardous Materials Use and Related Indemnity.

A. Use. LICENSEE shall operate and maintain the Property in compliance with all, and shall not cause or permit the Property to be in violation of any federal, state or local environmental, health and/or safety-related laws, regulations, standards, decisions of the courts, permits or permit conditions, currently existing or as amended or adopted in the future which are or become applicable to LICENSEE or the Licensed Property (collectively, “Environmental Laws” and, individually, an “Environmental Law”).

DocuSign Envelope ID: 7ACDF4E1-244A-4078-A4CE-7ECD3AFB917F

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3 LICENSEE shall not cause or permit, or allow any of LICENSEE’s parties to cause or permit, any Hazardous Materials to be brought upon, stored, used, generated, handled, transported, treated or disposed of on or about the Property. As used herein, “Hazardous Materials” means any chemical, substance or material which is now or becomes in the future listed, defined or regulated in any manner by any Environmental Law based upon, directly or indirectly, its properties or effects.

B. Remediation. In addition, in the event of any release on or contamination of the Property and/or any adjacent property, LICENSEE, at its sole expense, shall promptly take all actions necessary to clean up the affected property and to return the affected property to the condition existing prior to such release or contamination, to the satisfaction of CITY and any governmental authorities having jurisdiction thereover.

C. Termination for Breach of Hazardous Materials Obligations. Should LICENSEE not comply fully with the above-stated obligations, CITY may, in its sole discretion, terminate this Agreement by serving five (5) days’ notice of termination upon LICENSEE. Any waiver by CITY of any breach of LICENSEE’s obligation shall not constitute a waiver of the right to terminate this Agreement for any subsequent breach which may occur, or to enforce any other provision of this Agreement. Upon termination, LICENSEE shall remove the Facility and restore the Licensed Property as herein provided.

9. Permits. Without limiting the generality of any other provision hereunder, LICENSEE, at its sole cost and expense, shall obtain and shall comply with any and all permits which may be required by any law, regulation or ordinance for any activities LICENSEE desires to conduct or have conducted pursuant to this Agreement.

10. Maintenance and Repair. LICENSEE shall, at its own cost and subject to the approval of the City Manager or his or her designee, repair, maintain and utilize the Facility and Property so that they will not at any time be a source of danger to or interference with the Property, or any other activities on the Property. Any repair and maintenance work shall be done to the Standards (defined below). If, at any time, LICENSEE shall, in the judgment of CITY, fail to perform properly its obligations under this Section, CITY may, at its option, perform such work itself as it deems necessary for the safe operation of its property and other uses on the CITY Property. In such event, LICENSEE agrees to pay, within fifteen (15) days after a bill is rendered therefor, the cost so incurred by CITY. However, failure on the part of CITY to perform the obligations of LICENSEE shall not release LICENSEE from liability hereunder for any loss or damage occasioned thereby.

11. Standards. LICENSEE shall comply with all applicable statutes, ordinances, rules, regulations, orders and decisions (hereinafter referred to as “Standards”), issued by any federal, state or local governmental body or agency relating to LICENSEE’s use of the Property. In its use of the Property, LICENSEE shall at all times be in full compliance with all Standards, present or future including, but not limited to, Standards concerning dust, air quality, water quality, noise, and Hazardous Materials. In the event LICENSEE DocuSign Envelope ID: 7ACDF4E1-244A-4078-A4CE-7ECD3AFB917F

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Packet Pg. 386 Attachment: Exhibit "A" - License Agreement - Windmill Express (License Agreement between the City of San Jacinto and Watermill Express) 24438.00000\42131232.1
4 fails to be in full compliance with Standards, CITY may, but shall not be obligated to, after giving notice of the failure to LICENSEE, and if LICENSEE, within fifteen (15) days following receipt of such notice (unless such period is extended by CITY), fails to correct such non-compliance, take whatever action it determines in its sole discretion to be necessary to protect the Property. LICENSEE shall reimburse the CITY for all costs (including but not limited to, consulting, engineering, clean-up and disposal, and legal costs) incurred by the CITY as a result of the LICENSEE’s failure to comply with such Standards, and also such costs incurred by the CITY in abating a violation of such Standards, protecting against a threatened violation of such Standards, defending any claim of violation of such Standards in any proceeding before any agency or court, and paying any fines or penalties imposed for such violations.

12. Tests and Inspections. CITY shall have the right at any time to inspect the Licensed Property and the Facility so as to monitor compliance with this Agreement. If, in CITY’S sole judgment, any installation on, or use or condition of the Property may have an adverse effect on the Property or CITY’S operations, CITY shall be permitted to conduct any tests or assessments, including but not limited to environmental assessments, of, on or about the Property and the Facility, as it determines to be necessary or useful to evaluate the condition of the Property and the Facility. LICENSEE shall cooperate with CITY in any tests or inspections deemed necessary by CITY.

LICENSEE shall pay or reimburse CITY, as appropriate, for all reasonable costs and expenses incurred due to the tests, inspections or any necessary corrective work and inspections thereafter within thirty (30) days of a request for payment.

13. Insurance. LICENSEE, at its sole cost and expense, shall obtain and maintain, and require its contractors and subcontractors to obtain and maintain, in full force and effect insurance as required by CITY in the amounts and coverage specified and issued by insurance companies as described on Exhibit “C”. CITY reserves the right, to review and change the amount and type of insurance coverage it requires in connection with this Agreement or the work to be performed on the Facility. Prior to (i) entering the Property or (ii) performing any work or maintenance on the Facility, LICENSEE shall furnish CITY with the insurance endorsements and certificates in the form and amounts specified in Exhibit “C”, evidencing the existence, amounts and coverage of the insurance required to be maintained hereunder.

14. Subordinate Rights. This Agreement is subject and subordinate to the prior and future rights and obligations of CITY, its successors and assigns, to use its property in the exercise of its powers and in the performance of its duties. Accordingly, there is reserved and retained unto CITY, its successors, assigns and permittees, the right to construct, reconstruct, maintain and use existing, and facilities and appurtenances and existing and future transportation, communication, pipeline facility and other facilities and appurtenances in, upon, over, under, across and along the Property and at the Site, and in connection therewith, the right to grant and convey to others, rights and interests to the Property in, on and around the Property. This Agreement is subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens, claims and other matters of title (hereinafter referred to as “Title Exceptions”) which may affect the Property DocuSign Envelope ID: 7ACDF4E1-244A-4078-A4CE-7ECD3AFB917F

3.A.17.a
Packet Pg. 387 Attachment: Exhibit "A" - License Agreement - Windmill Express (License Agreement between the City of San Jacinto and Watermill Express) 24438.00000\42131232.1
5 now or hereafter, and the words “grant” or “convey” as used herein shall not be construed as a covenant against the existence of any such Title Exceptions.

15. Indemnity. To the extent permitted by law, LICENSEE shall at all times indemnify, defend and hold harmless CITY and its subsidiaries, officials, officers, employees, agents, contractors, successors and assigns (“Indemnitees”) against and pay in full all losses, damages, or expenses that the Indemnitees may sustain, incur or become liable for, resulting in any manner from the installation, construction, operation, maintenance, repair, reconstruction, alteration, removal, condition, use or presence of the Facility or the use and maintenance of the Property by the LICENSEE, LICENSEE’s parties or any person or entity claiming, using or occupying the Property by, under or through LICENSEE, or anyone directly or indirectly employed by or for whose acts LICENSEE is liable, including, but not limited to, any such losses, damages or expenses arising out of (a) loss of or damage to property, (b) injury to or death of persons, (c) mechanics' or other liens of any character, (d) taxes or assessments of any kind, (e) interference with the use of the Property, or (f) Hazardous Materials. It is the intention of the Parties that CITY’s right to indemnity hereunder shall be valid and enforceable against LICENSEE regardless of negligence (whether active or passive) on the part of the Indemnitees, unless such injury is a result of the sole negligence of CITY and shall survive termination of this Agreement; and is in addition to any other rights or remedies which Indemnitees may have under the law or under this Agreement. Upon written notice from CITY, LICENSEE agrees to assume the defense of any lawsuit, administrative action or other proceeding brought against the Indemnitees by any public body, individual, partnership, corporation, or other legal entity, relating to any matter covered by this Agreement for which LICENSEE has an obligation to assume liability for and/or to indemnify or save and hold harmless the Indemnitees. LICENSEE shall pay all the costs incident to such defense, including, but not limited to, attorneys’ fees, investigators’ fees, litigation expenses, settlement payments, and amounts paid in satisfaction of judgments. Any and all lawsuits or administrative actions brought or threatened on any theory of relief available at law, in equity or under the rules of any administrative agency shall be covered by this Section, including, but not limited to, the theories of intentional misconduct, negligence, breach of statute or ordinance, or upon any theory created by statute or ordinance, state or federal.

16. Assumption of Risk and Waiver. To the maximum extent allowed by law, LICENSEE assumes any and all risk of loss, damage or injury of any kind to any person or property, including without limitation, the Facility or appurtenances, if any, the CITY Property and any other property of, or under the control or custody of, LICENSEE, which is on or near the Facility.

17. Successors and Assigns. All the covenants and provisions of this Agreement shall be binding upon and inure to the benefit of the successors, legal representatives and assigns of the CITY and LICENSEE to the same extent and effect as the same are binding upon and insure to the benefit of the Parties hereto.

18. Survival of Obligations. All obligations of LICENSEE hereunder not fully performed as of the termination or cessation of this Agreement in any manner shall survive the DocuSign Envelope ID: 7ACDF4E1-244A-4078-A4CE-7ECD3AFB917F

3.A.17.a
Packet Pg. 388 Attachment: Exhibit "A" - License Agreement - Windmill Express (License Agreement between the City of San Jacinto and Watermill Express) 24438.00000\42131232.1
6 termination of this Agreement, including without limitation, all payment obligations with respect to fees and all obligations concerning the condition of the Facility and the Property.

19. Assignment. This Agreement and the license granted herein are personal to the LICENSEE. LICENSEE shall not assign or transfer (whether voluntary or involuntary) this Agreement in whole or in part, or permit any other person or entity to use the rights or privileges hereby conveyed, without the prior written consent of CITY, which may be withheld in CITY’s sole and absolute discretion. Any attempted act in violation of this Section shall be void and without effect and give CITY the right to immediately terminate this Agreement.

20. Waiver of Covenants or Conditions. The waiver by CITY of the performance of any covenant or condition under this Agreement shall not invalidate this Agreement nor shall it be considered a waiver by it of any other covenant or condition under this Agreement.

21. Amendment. This Agreement may be amended at any time by the written agreement of CITY and LICENSEE. All amendments to this Agreement shall be binding upon the Parties despite any lack of legal consideration, so long as the same shall be in writing and executed by the Parties hereto.

22. Revocation. If, at any time, LICENSEE shall fail or refuse to comply with or carry out any of the covenants herein contained, CITY may, at its election, immediately revoke and terminate this Agreement unless a longer notice period is specifically provided for elsewhere in this Agreement.

23. Revocable Licenses and Termination. LICENSEE agrees that notwithstanding the improvements made by LICENSEE to the Property or the installation of the Facility, or other sums expended by LICENSEE in furtherance of this Agreement, the license granted herein is revocable and may be terminated by CITY in accordance with the terms of this Agreement.

24. Restoration of CITY’s Property, Claims for Costs. Upon the termination, revocation of cessation of this Agreement in any manner provided in this Agreement, LICENSEE, upon demand of CITY and at LICENSEE’s own cost and expense, shall abandon the use of the Facility and remove it and restore the Property of CITY to the same condition in which they were prior to the placing of the Facility thereunder, reasonable wear and tear excepted. In no event shall LICENSEE have any claim against CITY for any of the costs of constructing, maintaining or removing the Facility. In case LICENSEE shall fail to restore Property as aforesaid within ten (10) days after the effective date of termination, CITY may proceed with such work at the expense of LICENSEE or may assume title and ownership of the Facility and any other property of LICENSEE located on the Property.

No termination hereof shall release LICENSEE from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events DocuSign Envelope ID: 7ACDF4E1-244A-4078-A4CE-7ECD3AFB917F

3.A.17.a
Packet Pg. 389 Attachment: Exhibit "A" - License Agreement - Windmill Express (License Agreement between the City of San Jacinto and Watermill Express) 24438.00000\42131232.1
7 happening prior to the date the Facility is removed and the Property restored as above provided.

25. Notice. Any notice to be given by any Party hereunder must be given in writing and delivered in person, or by reputable nationwide overnight courier (e.g., Federal Express), or forwarded by certified or registered mail, postage prepaid, return receipt requested, at the address indicated below, unless the Party giving such notice has been notified, in writing, of a change of address:

Any such notice is effective on the date on which such notice is delivered, if notice is given by personal delivery or overnight courier, or if notice is sent through the United States mail, on the date of actual delivery as shown by the addressee’s receipt or upon the expiration of three (3) days following the date of mailing, whichever first occurs.

26. Liens. LICENSEE will fully and promptly pay for all materials whether or not joined or affixed to the Facility or the Property, and fully and promptly pay all persons who perform labor whether or not upon said Facility or the Property. LICENSEE shall not suffer or permit to be filed or enforced against the CITY Property or the Facility, or any part thereof, any mechanics’, materialmen’s, contractors’, or subcontractors’ liens or stop notices arising from, or any claim for damage growing out of, any testing, investigation, maintenance or work, or out of any other claim or demand of any kind. LICENSEE shall pay or cause to be paid all such liens, claims or demands, including sums due with respect to stop notices, together with attorneys’ fees incurred by CITY with respect thereto, within ten (10) business days after notice thereof and shall indemnify, hold harmless and defend CITY from all obligations and claims made against CITY for and with respect to the above described work, including attorneys’ fees. LICENSEE shall furnish evidence of payment upon request of CITY. LICENSEE may contest any lien, claim or demand by furnishing a statutory lien bond or equivalent with respect to stop notices to CITY in compliance with applicable California law. If LICENSEE does not discharge any mechanic's lien or stop notice for works performed for LICENSEE, CITY shall have the right to discharge same (including by paying the claimant) and LICENSEE shall reimburse CITY for the cost of such discharge within ten (10) business days after billing. CITY reserves the right at any time to post and maintain on the Property such notices as may be necessary to protect CITY against liability for all such liens and claims. The provisions of this Section shall survive the termination of this Agreement.

CITY: LICENSEE:

City of San Jacinto
595 S. San Jacinto Avenue
San Jacinto, CA 92583
Attn: City Engineer
Watermill Express, LLC
1177 s 4th Avenue
Brighton, CO 80601
Attn: Licensing
DocuSign Envelope ID: 7ACDF4E1-244A-4078-A4CE-7ECD3AFB917F

3.A.17.a
Packet Pg. 390 Attachment: Exhibit "A" - License Agreement - Windmill Express (License Agreement between the City of San Jacinto and Watermill Express) 24438.00000\42131232.1
8 27. Further Acts. LICENSEE agrees to perform any further acts and to execute and deliver in recordable form any documents which may be reasonably necessary to carry out the provisions of this Agreement, including, at CITY’s sole discretion, the relocation of the Facility and the license granted by this Agreement.

28. Non-Exclusive License. The license granted by this Agreement is not exclusive and CITY specifically reserves the right to grant other licenses within the vicinity of the Facility.

29. Counterparts; Facsimile Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Facsimile signatures shall be considered original signatures.

30. Severability. If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions, or provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

31. Captions. The Captions included in this Agreement are for convenience only and in no way define, limit, or otherwise describe the scope or intent of this Agreement or any provision hereof, or in any way affect the interpretation of this Agreement.

32. Time of Essence. Time is of the essence in this Agreement.

33. Entire Agreement. This Agreement and the Exhibits hereto constitute the entire agreement between the CITY and LICENSEE with respect to the subject matter hereof and supersede all prior verbal or written agreements and understandings between the Parties with respect to the items set forth herein.

34. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

DocuSign Envelope ID: 7ACDF4E1-244A-4078-A4CE-7ECD3AFB917F

3.A.17.a
Packet Pg. 391 Attachment: Exhibit "A" - License Agreement - Windmill Express (License Agreement between the City of San Jacinto and Watermill Express) 24438.00000\42131232.1
9 SIGNATURE PAGE FOR LICENSE AGREEMENT

BETWEEN THE CITY OF SAN JACINTO

AND WATERMILL EXPRESS, LLC
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

CITY OF SAN JACINTO
APPROVED BY:

Robert A. Johnson
City Manager
ATTESTED BY:

Julia Espinoza
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

LICENSEE

Watermill Express, LLC

Signature

Name

Title

DocuSign Envelope ID: 7ACDF4E1-244A-4078-A4CE-7ECD3AFB917F Heath Weidert
Sr. VP of Development

3.A.17.a
Packet Pg. 392 Attachment: Exhibit "A" - License Agreement - Windmill Express (License Agreement between the City of San Jacinto and Watermill Express) 24438.00000\42131232.1
10 EXHIBIT A

DESCRIPTION OF LICENSED PROPERTY
700-728 SOUTH SAN JACINTO BLVD, SAN JACINTO, CA 92583;
AP #437-180-024-1

DocuSign Envelope ID: 7ACDF4E1-244A-4078-A4CE-7ECD3AFB917F

3.A.17.a
Packet Pg. 393 Attachment: Exhibit "A" - License Agreement - Windmill Express (License Agreement between the City of San Jacinto and Watermill Express) 24438.00000\42131232.1
11 EXHIBIT B

DEPICTION OF USE OF PROPERTY
DocuSign Envelope ID: 7ACDF4E1-244A-4078-A4CE-7ECD3AFB917F

3.A.17.a
Packet Pg. 394 Attachment: Exhibit "A" - License Agreement - Windmill Express (License Agreement between the City of San Jacinto and Watermill Express) 24438.00000\42131232.1
12 EXHIBIT C

INSURANCE REQUIREMENTS
LICENSEE shall obtain, and shall require any consultant or contractor entering the Property on its behalf to obtain insurance of the types and in the amounts described below and satisfactory to the CITY.

A. Commercial General Liability Insurance. LICENSEE shall maintain occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000 per occurrence, with a general aggregate limit no less than $2,000,000. Such insurance shall include coverage for, but not be limited to: (i) bodily injury and property damage; (ii) personal injury and advertising injury; (iii) fire legal liability; and (iv) products and completed operations. Such insurance policy or policy endorsement shall:

1. Include the CITY, its officials, officers, employees, agents, and consultants as additional insureds with respect to the Property and LICENSEE’s installation, construction, operation, maintenance, repair, reconstruction, alteration, removal or any other work that LICENSEE undertakes with respect to the Facility;

2. Not contain special limitations on the scope of coverage or the protection afforded to CITY, its officials, officers, employees, agents and consultants as additional insureds;

3. Be primary with respect to any insurance or self-insurance programs covering CITY, its officials, officers, employees, agents and consultants;

4. Contain standard separation of insured provisions; and

5. Contain a waiver of subrogation that waives any right the insurer has against CITY for any claims or suits.

C. Automobile Liability. LICENSEE shall acquire and maintain during the period of the Project, automobile liability with a combined single limit of $1,000,000.

E. Workers' Compensation Insurance. LICENSEE shall maintain workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000 each accident.

F. Certificates of Insurance. LICENSEE shall, prior to (i) entering the Licensed Property or (ii) performing any installation, construction, operation, maintenance, repair, reconstruction, alteration, removal or any other work that LICENSEE undertakes with respect to the Facility, furnish CITY with properly executed certificates of insurance and, if requested by CITY, certified copies of endorsements and policies, which clearly DocuSign Envelope ID: 7ACDF4E1-244A-4078-A4CE-7ECD3AFB917F

3.A.17.a
Packet Pg. 395 Attachment: Exhibit "A" - License Agreement - Windmill Express (License Agreement between the City of San Jacinto and Watermill Express) 24438.00000\42131232.1
13 evidence all insurance required under this Agreement and provide that such insurance shall not be canceled, allowed to expire or be materially reduced in coverage, except on thirty (30) days’ prior written notice to CITY. CITY shall have the sole discretion to determine whether the certificates and endorsements presented comply with the provisions of this Agreement.

G. Coverage Maintenance. LICENSEE shall replace certificates, policies and endorsements for any insurance expiring prior to the termination of this Agreement and shall not allow any lapse in coverage. Further, LICENSEE shall maintain such insurance from the execution of this Agreement until the Facility is removed and the Property fully restored, except as otherwise provided in this Agreement.

H. Licensed Insurer. LICENSEE shall place such insurance with insurers having A.M. Best Company ratings of no less than A:VIII and licensed to do business in California.

DocuSign Envelope ID: 7ACDF4E1-244A-4078-A4CE-7ECD3AFB917F

3.A.17.a
Packet Pg. 396 Attachment: Exhibit "A" - License Agreement - Windmill Express (License Agreement between the City of San Jacinto and Watermill Express) Watermill Express, INC.

WM 976
702 S San Jacinto Avenue
San Jacinto, CA 92583
SAN JACINTO PROJECT #: P23-032
PERMIT TYPE: SITE PLAN AND DESIGN REVIEW
Ice Water Water
WATER

VENDING

STATION

3.A.17.b
Packet Pg. 397 Attachment: Windmill Express Project Plans (License Agreement between the City of San Jacinto and Watermill Express) @4.7018 in, 9.5959 in
Watermill Express, INC.

WM 976
702 S San Jacinto Avenue, San Jacinto, CA 92583
NORTH @16.4148 in, 9.5959 in
12/14/23
SAN JACINTO PROJECT #: P23-032
PERMIT TYPE: SITE PLAN AND DESIGN REVIEW
Site Photographs

3.A.17.b
Packet Pg. 398 Attachment: Windmill Express Project Plans (License Agreement between the City of San Jacinto and Watermill Express) @4.7018 in, 9.5959 in
Watermill Express, INC.

WM 976
702 S San Jacinto Avenue, San Jacinto, CA 92583
NORTH @16.4148 in, 9.5959 in
12/14/23
SAN JACINTO PROJECT #: P23-032
PERMIT TYPE: SITE PLAN AND DESIGN REVIEW
Site Plan- Existing Structure

TRAFFIC
LIGHT
FIRE

HYDRANT

NO PARKING
W 7TH STREET

S SAN JACINTO AVENUE
Existing Concrete Pad Area of Work:
197 SQ. FT.

Existing Free Standing Structure:
41 SQ. FT.

3.A.17.b
Packet Pg. 399 Attachment: Windmill Express Project Plans (License Agreement between the City of San Jacinto and Watermill Express) @4.7018 in, 9.5959 in
Watermill Express, INC.

WM 976
702 S San Jacinto Avenue, San Jacinto, CA 92583
NORTH @16.4148 in, 9.5959 in
12/14/23
SAN JACINTO PROJECT #: P23-032
PERMIT TYPE: SITE PLAN AND DESIGN REVIEW
Site Plan- New Structure
New Concrete Pad Area of Work:
229 SQ. FT.

New Free Standing Structure:
94 SQ. FT.

TRAFFIC
LIGHT
FIRE

HYDRANT

NO PARKING
W 7TH STREET

S SAN JACINTO AVENUE

3.A.17.b
Packet Pg. 400 Attachment: Windmill Express Project Plans (License Agreement between the City of San Jacinto and Watermill Express) @4.7018 in, 9.5959 in
Watermill Express, INC.

WM 976
702 S San Jacinto Avenue, San Jacinto, CA 92583
NORTH @16.4148 in, 9.5959 in
12/14/23
SAN JACINTO PROJECT #: P23-032
PERMIT TYPE: SITE PLAN AND DESIGN REVIEW
Architectural Drawings- Floor Plan and Roof Plan

FLOOR PLAN ROOF PLAN

CONDENSER UNIT

SIGNAGE

3.A.17.b
Packet Pg. 401 Attachment: Windmill Express Project Plans (License Agreement between the City of San Jacinto and Watermill Express) @4.7018 in, 9.5959 in
Watermill Express, INC.

VENDING

STATION

SHERWIN-WILLIAMS PAINT
SW 0007

DECOROUS AMBER

SHERWIN-WILLIAMS PAINT
SW 0036

BUCKRAM BINDING

SHERWIN-WILLIAMS PAINT
SW 6531
INDIGO
12'-2"
12'-11"
7'-7"
8'-11" 3'-2"
14'-4 1/2"
3'-0"
5 3/4"
4" TOE KICK
12'-2"
8'-11" 3'-2"
14'-4 1/2"
4" TOE KICK
8'-10"
8'-11" 3'-2"
14'-4 1/2"
8'-11" 3'-2"
14'-4 1/2"
8'-10"
3'-0" 9'-7"
9 3/8"
4" TOE KICK
4" TOE KICK
9 3/8"
12'-11"
9'-7"
9 3/8"

FRONT ELEVATION REAR ELEVATION

RIGHT SIDE ELEVATION LEFT SIDE ELEVATION
70 1/4"
31 3/4"
SIGNAGE = 13 SF
BUILDING WALL FACE = 159 SF
SIGNAGE IS 8.2% OF THE BUILDING WALL FACE
(LESS THAN 15% OF THE BUILDING WALL FACE)
•

3.A.17.b
Packet Pg. 402 Attachment: Windmill Express Project Plans (License Agreement between the City of San Jacinto and Watermill Express) @4.7018 in, 9.5959 in
Watermill Express, INC.

WM 976
702 S San Jacinto Avenue, San Jacinto, CA 92583
NORTH @16.4148 in, 9.5959 in
12/14/23
SAN JACINTO PROJECT #: P23-032
PERMIT TYPE: SITE PLAN AND DESIGN REVIEW
Ice Water Water WATER

VENDING

STATION
Architectural Drawings- Material Finishes
Blue Acrylic cover
over light box
White Acrylic
cover over light
box
Light Box
Painted
Square Tubbing
Lighting Fixtures
Condenser Unit
•
•
•
•
•
•

3.A.17.b
Packet Pg. 403 Attachment: Windmill Express Project Plans (License Agreement between the City of San Jacinto and Watermill Express) @4.7018 in, 9.5959 in
Watermill Express, INC.

WM 976
702 S San Jacinto Avenue, San Jacinto, CA 92583
NORTH @16.4148 in, 9.5959 in
12/14/23
SAN JACINTO PROJECT #: P23-032
PERMIT TYPE: SITE PLAN AND DESIGN REVIEW
Material Board
1 2
3 4
5 67

1. Sherwin Williams Paint (SW 0007)
Decorous Amber

2. Sherwin Williams Paint (SW 0036)
Buckram Binding

3. Sherwin Williams Paint (SW 6531)
Indigo

4. Acrylic paneling for Watermill sign/logo

5. 1.5” Square aluminum tubing, painted blue with
SW 6531

6. Hevi Lite, wall mounted accent light fixture

7. Hevi Lite, compact adjustable accent light fixture

8. Neon Blaze LED strip light for lightbox
illumination
8 3.A.17.b
Packet Pg. 404 Attachment: Windmill Express Project Plans (License Agreement between the City of San Jacinto and Watermill Express) @4.7018 in, 9.5959 in
Watermill Express, INC.

WM 976
702 S San Jacinto Avenue, San Jacinto, CA 92583
NORTH @16.4148 in, 9.5959 in
12/14/23
SAN JACINTO PROJECT #: P23-032
PERMIT TYPE: SITE PLAN AND DESIGN REVIEW
Lighting Specifications
2 1/4"
57 4"
101
3 3/8"
86 H HEVI LITE, INC.
9714 Variel Ave, Chatsworth, CA 91311
Tel., (818) 341-8091 - Fax (818) 998-1986
Web Site http://www.hevilite.com
Fixture Finish Lamping Voltage Options/Access.

HL-340
NOTE:

APPROVED:

PROJECT:

CATALOG NUMBER:

TYPE:

SPECIFICATIONS
DESCRIPTION:

Wall mount MR16 accent fixture. Suitable for
wet/damp/dry location installations.

MATERIAL:

Standard overall material is 6061 aluminum.

HL-340 - Machined Aluminum (Standard)
HL-340-2b - Machined Brass
FINISH:

AA - Anodized Satin Aluminum
AP - Powder Coat Aluminum
BK - Powder Coat Black BZ - Powder Coat Bronze
WT - Powder Coat White
N - Natural, for Stainless Steel and Brass
HALOGEN LAMPING OPTION:

Lamp Type - 12V halogen MR16 lamp, bi-pin
GX5.3 base, 50W max, not included (standard).

VOLTAGE:
12 - 12 VAC output transformer required,
not included.

MOUNTING:

Fixture is equipped with a 4.75" mounting
plate and (2) mounting screws.

OPTIONS:

Glare shields GL-10 - Short Angled, aluminum
GL-11 - Angled, aluminum
GL-12 - Angled, brass
GL-13 - Straight, aluminum
GL-14 - Straight, brass Lenses/Louvers/Color Filters
LA-1 - Hexcell Louver (Black)
LA-2 - Prismatic lens LA-3 - Linear spread lens LA-4 - Soft focus lens (diffused) LA-5 - Moonlight lens LA-6 - Blue lens See fixture accessories for more information.

SAMPLE ORDER SPECIFICATION:

HL-340-AA-12-LA-6
RATING:

Wet/damp/dry location.
e MADE IN THE USA
ORDER SPECIFICATION: _______________ - ________________ - _______________ - _______________ - _______________ THE INFORMATION CONTAINED IN THIS DRAWING IS THE SOLE PROPERTY OF HEVI LITE, INC. ANY REPRODUCTION IN PART OR WHOLE WITHOUT THE WRITTEN PERMISSION OF HEVI LITE, INC. IS PROHIBITED. 4 3/4"
121

LED OPTIONS
Integral high output LED, warm white 85 CRI
(3000K CCT) standard, others available.
3LED - 3W LED - 180 lumens
8LED - 8W LED - 300 lumens
8LED-E - 8.4W LED - 565 lumens
OPTICS
3LED and 8LED:

SP - Spot, 12° NF - Narrow Flood, 24°
FL - Flood, 36°
8LED-E:

SP - Spot 14°
NF - Narrow Flood, 25° MF - Medium Flood, 30° FL - Flood, 40° 1 3/8"
35 98
3 7/8"
2 1/4"
57 H HEVI LITE, INC.
9714 Variel Ave, Chatsworth, CA 91311
Tel., (818) 341-8091 - Fax (818) 998-1986
Web Site http://www.hevilite.com
Fixture Finish Lamping Voltage Options/Access.

Wet/damp/dry location.
e
HL-360
NOTE:

APPROVED:

PROJECT:

CATALOG NUMBER:

TYPE:

MADE IN THE USA

SPECIFICATIONS
DESCRIPTION:

Compact MR16 adjustable accent fixture.

Suitable for wet/damp/dry location installations.

MATERIAL:

Standard overall material is 6061 aluminum.

HL-360 - Machined Aluminum (Standard)
HL-360-1 - Machined Stainless Steel
HL-360-2b - Machined Brass
FINISH:

AA - Anodized Satin Aluminum
AP - Powder Coat Aluminum BK - Powder Coat Black BZ - Powder Coat Bronze WT - Powder Coat White
N - Natural, for Stainless Steel and Brass
HALOGEN LAMPING OPTION:

Lamp Type - 12V halogen MR16 lamp, bi-pin
GX5.3 base, 50W max, not included (standard).

LED OPTIONS:

Integral high output LED, warm white
(3000K CCT) standard, others available.
3LED - 3W LED
8LED - 8W LED
Optics SP - Spot, 12º NF - Narrow Flood, 24º
FL - Flood, 36º
VOLTAGE:
12 - 12 VAC output transformer required,
not included.

MOUNTING:

Fixture is designed with a 1/2-NPS adjustable
mounting stem.

OPTIONS:

Glare shields
GL-10 - Short Angled, aluminum GL-11 - Angled, aluminum GL-12 - Angled, brass GL-13 - Straight, aluminum GL-14 - Straight, brass
Lenses/Louvers/Color Filters
LA-1 - Hexcell Louver (Black) LA-2 - Prismatic lens
LA-3 - Linear spread lens
LA-4 - Soft focus lens (diffused)
LA-5 - Moonlight lens LA-6 - Blue lens
See fixture accessories for more information.

SAMPLE ORDER SPECIFICATION:

HL-360-2b-N-12-GL-11-LA-1
RATING:

ORDER SPECIFICATION: _______________ - ________________ - _______________ - _______________ - _______________ THE INFORMATION CONTAINED IN THIS DRAWING IS THE SOLE PROPERTY OF HEVI LITE, INC. ANY REPRODUCTION IN PART OR WHOLE WITHOUT THE WRITTEN PERMISSION OF HEVI LITE, INC. IS PROHIBITED.

NOTE: MACHINES SHALL BE ILLUMINATED TO ENSURE COMFORTABLE AND SAFE OPERATION IF OPERATING HOURS ARE BETWEEN DUSK AND DAWN, IN COMPLIANCE WITH SECTION 17.300.080 (OUTDOOR LIGHT AND GLARE).

3.A.17.b
Packet Pg. 405 Attachment: Windmill Express Project Plans (License Agreement between the City of San Jacinto and Watermill Express) May 7, 2024
TO: City Council
REQUESTED BY: Arthur Mullen, Chief of Public Utilities
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: CSA 152 – Adoption of Resolution No. 4023, Maintaining BAU for FY2025-2026
RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 4023, maintaining the County Service Area 152 assessment within the City of San Jacinto at the annual rate of $10.00 per Benefit Assessment Unit (BAU) for fiscal years 2024-2025 and 2025-2026 and therefore funding the City’s National Pollutant Discharge Elimination System (NPDES) Permit requirements.

DISCUSSION:

At the request of the City of San Jacinto (“City”), the County of Riverside adopted, on December 6, 1994, Resolution No. 94-411. This resolution annexed the City to its County Service Area (CSA) 152 in order to partially fund the costs of maintaining and operating the City’s Municipal Separate Storm Sewer System (MS4) and to comply with the requirements set forth in the NPDES Permit. This permit includes stormwater discharge requirements from the Riverside County Flood Control and Water Conservation District for incorporated Cities of Riverside County within the Santa Ana Region (NPDES No. CAS 618033).

Under the NPDES Permit, the City is required to monitor, inspect, and clean the City’s storm drainage system in an effort to prevent unauthorized and potentially hazardous discharge into the San Jacinto River as a tributary to the Santa Ana River and to carry out programs and activities to maintain compliance with the NPDES Permit.

The City desires to continue the proactive implementation and subsequent renewals of the NPDES Permit requirements imposed upon the City. Participation in CSA-152 provides partial funding for the City’s obligations under the NPDES program and reduces the impact of the NPDES program upon the General Fund.

By adopting this Resolution, the City Council requests the Riverside County Board of Supervisors to maintain the CSA 152 assessments within the City at its current annual rate of $10.00 per BAU for Fiscal Year 2024-25 and Fiscal Year 2025-26, with an effective date of July 1, 2024.

FISCAL IMPACT:

The annual assessment of $10.00 per BAU for funding CSA 152 generates approximately $225,538.60 annually from assessments placed on approximately 13,505 units related to

3.A.18
Packet Pg. 406
properties located throughout the City. Without the CSA 152 levy, funding for the NPDES program would be required from the General Fund.

ATTACHMENTS:

Resolution No. 4023 - Maintaining BAU for FY2025-2026

3.A.18
Packet Pg. 407
STATE OF CALIFORNIA ) RESOLUTION NO. 4023
COUNTY OF RIVERSIDE )ss

CITY OF SAN JACINTO )

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

JACINTO, CALIFORNIA, ESTABLISHING A TWO FISCAL
YEAR ANNUAL RATE FOR COUNTY SERVICE AREA 152-SAN
JACINTO TO PARTIALLY FUND THE CITY’S NATIONAL

POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
PERMIT
WHEREAS, the County of Riverside, by its Resolution No. 94-411, adopted December 6, 1994, annexed the City of San Jacinto (City) to its County Service Area (CSA) 152 at the City’s request in order to partially fund the costs of maintaining and operating the City’s Municipal Separate Storm Sewer System (MS4) and to comply with the requirements set forth in the National Pollutant Discharge Elimination System (NPDES) Permit And Waste Discharge Requirements for the Riverside County Flood Control And Water Conservation District, the County Of Riverside, and the Incorporated Cities of Riverside County within the Santa Ana Region (NPDES No. CAS 618033); and, WHEREAS, under the NPDES Permit, the City is required to monitor, inspect, and clean the City’s storm drainage system so as to prevent unauthorized and potentially hazardous discharge into the San Jacinto River as a tributary to the Santa Ana River, and to carry out programs and activities to maintain compliance with the NPDES Permit; and,
WHEREAS, the City by Resolution No.95-16, adopted on March 21, 1995, established the annual assessment of $4.26 per Benefit Assessment Unit for funding CSA-152; and, WHEREAS, City costs to inspect, clean, and maintain all of its MS4 system continually increase; and,
WHEREAS, since the initiation of the original NPDES Permit issued by the Santa Ana Regional Board on July 13, 1990, each subsequent NPDES Permit renewal, which has occurred generally on five-year terms, has increased the regulatory obligations imposed upon the City in the implementation of the Permit, and the next NPDES Permit is anticipated to increase the regulatory compliance requirements imposed on the City during the next permit term; and
WHEREAS, the City by Resolution No.3564, adopted on April 7, 2015, raised the annual assessment from $4.26 to $10.00 per Benefit Assessment Unit for funding CSA152; and, WHEREAS, the current assessment is projected to provide approximately $225,538.60

3.A.18.a
Packet Pg. 408 Attachment: Resolution No. 4023 - Maintaining BAU for FY2025-2026 (CSA 152 – Adoption of Resolution No. 4023, Maintaining BAU for FY2025- in Fiscal Year 2024-25 from the approximately 13,505 parcels upon which the assessment is levied; and,
WHEREAS, the Regional Water Quality Control Board and the Federal Environmental Protection Agency both have enforcement authority, including the ability to issue fines of $10,000 per day by the Regional Board and up to $37,500 per day by the EPA.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

Section 1: That the City desires to continue a proactive implementation of the requirements imposed upon the City by the NPDES Permit, and subsequent renewals.

Section 2: That the City desires to minimize the impact of the NPDES program upon the General Fund, and that participation in CSA-152 provides partial funding for the City’s obligations under the NPDES program.

Section 3: That the City Council requests the Riverside County Board of Supervisors to maintain the CSA-152 assessments within the City at an annual rate of $10.00 per Benefit Assessment Unit for Fiscal Year 2024-25 and Fiscal Year 2025-26, with an effective date of July 1, 2024.

PASSED APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Jacinto on the 7
th day of May, 2024, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

CITY OF SAN JACINTO:
_____________________
Phil Ayala, Mayor
ATTEST:
__________________________
Julia Espinoza, City Clerk
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
____________________________
Craig Hayes, City Attorney

3.A.18.a
Packet Pg. 409 Attachment: Resolution No. 4023 - Maintaining BAU for FY2025-2026 (CSA 152 – Adoption of Resolution No. 4023, Maintaining BAU for FY2025- May 7, 2024
TO: City Council
REQUESTED BY: Arthur Mullen, Chief of Public Utilities
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: First Amendment to WRCOG Edible Food Recovery Agreement RECOMMENDATION:

Staff recommends that the City Council approve the First Amendment to the Agreement with Western Riverside Council of Governments for SB1383 Edible Food Recovery Consulting Services in the amount of $30,287.55 per year and appropriate the amount of $30,288 for Fiscal Year 2024-2025.

DISCUSSION:

In 2016, the California State Legislature passed SB 1383, the Short-Lived Climate Pollutants Act (“SLCP”), with the goal of a 75% statewide reduction in organic waste by 2025. SB1383 is California's most comprehensive solid waste reform in the past 30 years and represents a statewide reduction of 20 million tons of organic waste annually.

A significant requirement of SB 1383 is that, by 2025, 20% of currently disposed edible food be recovered for human consumption. This is accomplished by identifying Edible Food Generators (“EFGs”), such as restaurants and supermarkets, and Food Recovery Organizations (“FROs”), such as food pantries. SB 1383 requires all EFGs to have an agreement with at least one FRO for food donation. EFGs are categorized as either “Tier 1” or “Tier 2” generators.

The following table shows the types of businesses categorized as either Tier 1 or Tier 2 generators:

Tier 1 Tier 2
Wholesale Food Vendors Restaurants and Facilities >5000 square feet or 250+ seats
Food Service Providers Health Facilities with On-Site Food Facility and 100+ beds
Food Distributors Large Venues and Events
Grocery Stores >10,000 square feet Local Education Agencies with On-Site Food Facilities
Supermarkets State Agency Cafeterias >5,000 square feet or 250+ seats
Hotels with On-Site Food Facilities and 200+
rooms

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Packet Pg. 410
The City, like all jurisdictions regulated by the California Department of Resources Recycling and Recovery (“CalRecycle”), is required to enforce compliance measures for all Tier 1 EFGs as of January 1, 2022, and all Tier 2 EFGs beginning January 1, 2024. As of January 1, 2022, the City has identified 14 Tier 1 EFGs and 26 Tier 2 EFGs operating in San Jacinto.

Under SB 1383, local jurisdictions are required to identify EFG and FRO operators and conduct regular inspections to verify compliance with the edible food recovery regulations. At a minimum, compliance inspections must include verification of a written contract with at least one FRO, documentation of all donations to the FRO (including dates and tonnage), and manual inspection of refuse bins to verify organic waste diversion. Additionally, jurisdictions are required to conduct significant education and outreach to both Tier 1 and Tier 2 generators.

Should CalRecycle deem a jurisdiction noncompliant with this (or any) aspect of SB1383, the jurisdiction could face fines of up to $10,000 per day for noncompliance.

Recognizing that many jurisdictions lack the capacity, expertise, and staffing to accomplish these enforcement tasks to the satisfaction of CalRecycle, the Western Riverside Council of Governments (“WRCOG”) released a Request for Proposals (“RFP”) for outside assistance to create an edible food recovery program for participating jurisdictions. The RFP, released on December 23, 2022, included the following scope of work:

Task 1: Project Management
Task 1.1: Kickoff Meeting
Task 1.2: Project Team Coordination
Task 1.3: Project Management Update Meetings
Task 2: Capacity and Compliance
Task 2.1: Food Recovery Agencies and Organizations
Task 2.2: Tier 1 and Tier 2 Edible Food Waste Generators Compliance Task 3: Public Outreach
Task 3.1: Develop Outreach and Education Plan
Task 3.2: Implement Outreach and Education Plan
Task 4: Inspection Program Development
Task 4.1: Develop Inspection Schedule and Plan
Task 5: Inspection Program Implementation
Task 5.1: Implement Inspection Schedule and Plan
Task 6: Food Recovery Program
Task 6.1: Regional Food Recovery
Task 7: Final Report
Task 7.1: Final Report Deliverable
WRCOG received two responses to the RFP. Both responses were reviewed and evaluated by members of the WRCOG Solid Waste Committee, including two representatives from San Jacinto. The review committee recommended the selection of MSW Consultants (“MSW”) to implement the program. MSW is an environmental consulting firm with offices in Murrieta.

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Packet Pg. 411
MSW has worked extensively with cities throughout western Riverside County and has demonstrated their local knowledge and expertise working with SB1383 compliance issues.

WRCOG accepted the recommendation to select MSW for this project and executed a master agreement. The cities of Moreno Valley, Murrieta, Perris, Riverside, and Temecula have also participated in the project during the last year.

MSW, and their sub-consultants DeGrave Communications, Mariposa Eco Consulting, and CareIt, provide a comprehensive approach to all aspects of the scope of service. MSW, as lead consultant, is responsible for overall project management, as well as capacity and compliance planning, inspection program development, food recovery program, and the final report (Tasks 1, 2, 4, 6, 7). DeGrave Communications, a woman-owned full-service public relations firm based in Temecula, is responsible for the public outreach portion of the project (Task 3). Mariposa Eco Consulting, a full-service ecological company, is responsible for the inspection program development and implementation (Tasks 5, 6). CareIt, a technology company that specializes in connecting edible food generators with food recovery organizations, is responsible for the food recovery program (Task 6).

The City of San Jacinto currently does not have the resources to implement a program of the scale and quality proposed by MSW. Staff estimates that in order to replicate the proposal (and therefore satisfy the requirements of CalRecycle), a requirement of 1.5 full-time-equivalent staff positions would be required. The fully burdened cost is approximated at $150,000 per year.

Extending MSW’s proposal, by contrast, would allow the City to leverage the economy of scale provided by WRCOG and take advantage of this proposal at a reduced price. The second year cost to the City to join the WRCOG program is $30,287.55 for FY24-25 and will be funded by the CalRecycle Local Assistance Grant.

Staff recommends that the City Council approve the Agreement with for SB1383 edible food recovery programs in the amount of $30,287.55.

FISCAL IMPACT:

The fiscal impact for FY2024-2025 would be offset by the CalRecycle Local Assistance Grant in the amount of $30,287.55. There is no impact to the General Fund.

ATTACHMENTS:

WRCOG Amend. No. 1 to Program Agreement re Regional Food Recovery and Local Assistance Program

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Packet Pg. 412
20323.00160\42157977.1
AMENDMENT NO. 1

TO THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS

REGIONAL FOOD RECOVERY AND LOCAL ASSISTANCE

PROGRAM AGREEMENT

1. PARTIES AND DATE.

This Amendment No. 1 to the Western Riverside Council of Governments Regional Food Recovery and Local Assistance Program Agreement (“Amendment No. 1”) is entered into this 7th day of May 2024 by and between the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS (“WRCOG”) and the CITY OF SAN JACINTO (“Member Agency”). The WRCOG and Member Agency are sometimes referred to individually as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 On or about May 2, 2023, the Parties entered into the Western Riverside Council of Governments Regional Food Recovery and Local Assistance Program Agreement for Member Agency to receive certain on-call professional services as provided by WRCOG under the Regional Food Recovery and Local Assistance Program (“Agreement”).

2.2 The Parties now desire to amend the Agreement to revise the Terms and Payment.

3. TERMS.

3.1 Term. Section 3.1.1 of the Agreement is hereby deleted and replaced as follows:
“Term. The term of the Agreement shall be from June 29, 2024, to June 30, 2025, unless earlier terminated as provided herein.”

3.2 Payment. Section 3.1.1 of the Agreement is hereby deleted and replaced as follows:
“Payment. WRCOG shall receive payment for all Services rendered under this Agreement at the amount set forth in Exhibit B, which includes the capacity planning and year two costs, and a 7.5% fee of the total amount for all Services rendered for WRCOG’s administrative services. The Member Agency’s total payment under this Agreement to WRCOG shall not exceed Thirty Thousand Two Hundred Eighty-Seven Dollars and Fifty-Five Cents ($30,287.55) (“Total Payment”) without written approval by Member Agency.
(a) Submitting Payment. WRCOG shall submit to Member Agency on a quarterly basis an itemized statement which indicates work completed and

3.A.19.a
Packet Pg. 413 Attachment: WRCOG Amend. No. 1 to Program Agreement re Regional Food Recovery and Local Assistance Program (First Amendment to 20323.00160\42157977.1
hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date for the Services through the date of the statement.

Member Agency shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon.”

3.3 Exhibit B. Exhibit B, attached hereto and incorporated by reference, is hereby added to the Agreement.

3.3 Except as set forth herein, all provisions of the Agreement and Amendments shall remain in full force and effect and shall govern the actions of the Parties hereto and the amended provisions set forth in this Amendment No. 1. [SIGNATURE PAGE TO FOLLOW]

3.A.19.a
Packet Pg. 414 Attachment: WRCOG Amend. No. 1 to Program Agreement re Regional Food Recovery and Local Assistance Program (First Amendment to 20323.00160\42157977.1
SIGNATURE PAGE TO AMENDMENT NO. 1 TO

THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS REGIONAL FOOD

RECOVERY AND LOCAL ASSISTANCE PROGRAM AGREEMENT
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the date first written above.

WESTERN RIVERSIDE COUNCIL OF

GOVERNMENTS
By
Kurt Wilson
Executive Director

CITY OF SAN JACINTO
By
Robert Johnson
City Manager
Approved as to Form:

By
Best Best & Krieger LLP
RCA General Counsel

3.A.19.a
Packet Pg. 415 Attachment: WRCOG Amend. No. 1 to Program Agreement re Regional Food Recovery and Local Assistance Program (First Amendment to 20323.00160
\42157977.1

EXHIBIT B
Capacity Planning

3.A.19.a
Packet Pg. 416 Attachment: WRCOG Amend. No. 1 to Program Agreement re Regional Food Recovery and Local Assistance Program (First Amendment to 20323.00160
\42157977.1

3.A.19.a
Packet Pg. 417 Attachment: WRCOG Amend. No. 1 to Program Agreement re Regional Food Recovery and Local 20323.00160
\42157977.1

3.A.19.a
Packet Pg. 418 Attachment: WRCOG Amend. No. 1 to Program Agreement re Regional Food Recovery and Local Assistance Program (First Amendment to 20323.00160
\42157977.1

3.A.19.a
Packet Pg. 419 Attachment: WRCOG Amend. No. 1 to Program Agreement re Regional Food Recovery and Local 20323.00160
\42157977.1
Year 2 Budget

3.A.19.a
Packet Pg. 420 Attachment: WRCOG Amend. No. 1 to Program Agreement re Regional Food Recovery and Local May 7, 2024
TO: City Council
REQUESTED BY: Mathew Osborn, Supervisor
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Award of Contract to Civiltec Engineering for Construction Management of Bath Well Treatment Plant
RECOMMENDATION:

Staff recommends that the City Council:

1. Award a contract to Civiltec Engineering Inc. in the amount of $577,834 with an additional 10% contingency for a total of $635,617 for Construction Management of the Potable Water Treatment Plant at the Bath Well site; and

2. Authorize the City Manager to execute the construction management contract subject to the approval of the City Attorney; and

3. Appropriate an additional $297,017 from the Water Capital Improvement, Fund 051; and

4. Reject all other bids.

DISCUSSION:

Over the past several years, the City of San Jacinto has experienced a boom in Economic Development with significant new commercial and residential development, causing a strain on the City’s existing aging, water, wastewater, and stormwater infrastructure, requiring significant improvement and investment. In 2020, the City Council authorized a 10-year fiscal model to evaluate its financial stability and long-term solvency. The model showed that the City was operating at a Structural Deficit and at risk of fiscal insolvency in the coming years. To combat the insolvency, the City Council authorized the placement of Measure V, a one-cent sale tax initiative, on the November 2020 ballot. Measure V funds were specifically intended to address the following community priority areas:
• Protecting Local Drinking Water
• Maintaining/Improving 911 emergency, medical, and public safety response times • Increasing public safety to include a new fire engine/crew • Increasing the number of deputies on patrol
• Maintaining the long-term financial stability of the City • Supporting local businesses and jobs
• Addressing homelessness
• Preparing for and recovering from public health emergencies • Repairing streets, roads, and potholes

3.A.20
Packet Pg. 421
Measure V passed with significant community support with over 68% approval. The number one priority for the Community was to protect local drinking water, with 89% of respondents stating that this issue was either exceptionally or very important to them.

In 2021, the Federal Government passed the American Rescue Plan Act of 2021 (ARPA) and Infrastructure Investment and Jobs Act of 2021, which has, and will, provide significant funds over the coming years to the City to address infrastructure needs.

The City Council approved the ARPA spending priority list, which identified several projects in the City that would qualify for payment through the ARPA Program. One of these projects is designing and constructing a Bath Water Treatment Plant at the Bath Well site (CIP #22-005).

On July 7th, 2022, the City awarded a contract to Civiltec Engineering, Inc. for the specifications and design of the Bath Water Treatment Plant. On February 14th, 2023, the City awarded the contract to California Environmental Controls for the equipping of the Bath Water Treatment Plant.

The specifications and design for the Bath Well Treatment Plant were completed in early October 2023. On October 12, 2023, the City issued a bid request on PlanetBids, seeking bids for site improvements and the construction of the Bath Well Treatment Plant, which was awarded to Pacific Hydrotech on January 16th, 2024.

Due to the highly complex and unique nature of the project, City staff identified the necessity for construction management and initiated a bid request on PlanetBids on February 29th, 2024, that closed on April 14, 2024. During the bidding process, 315 vendors were notified with 36 identifying as potential bidders. Despite the large interest and broad broadcasting of the bid, only one bid was received. City staff thoroughly assessed the sole bid for construction management and determined it to be comprehensive, fully meeting all the city's requirements. Per municipal code §3.08.040(D)(3), “Public projects of more than two hundred thousand dollars ($200,000) shall be awarded to the lowest responsible bidder pursuant to formal bidding procedures consistent with the Act”. As such, the low bidder for this project was Civiltec Engineering, Inc.

Given the intricate and distinctive nature of the project, staff recognized the need for construction management and initiated a bid request on PlanetBids, commencing on February 29th, 2024, and concluding on April 14, 2024. Despite notifying 315 vendors, 36 of whom expressed interest as potential bidders, only one bid was received. However, after a thorough evaluation, City staff determined this lone bid for construction management to be comprehensive, meeting all of the city's procurement requirements. In accordance with Municipal Code §3.08.040(D)(3), which stipulates that "Public projects of more than two hundred thousand dollars ($200,000) shall be awarded to the lowest responsible bidder pursuant to formal bidding procedures consistent with the Act," the low bidder for this project was identified as Civiltec Engineering, Inc.."
Construction began at the Bath Treatment Plant on April 23, 2024. Due to time constraints and the necessity for Construction Management, city staff initiated a Change Order with Civiltec

3.A.20
Packet Pg. 422
Engineering, Inc. on April 29, 2024. This Change Order allows for short-term Construction Management until the proposed Construction Management Contract is approved by the City Council.

Accordingly, staff recommends that the City Council award a contract to Civiltec Engineering, Inc. in the amount of $577,834 with an additional 10% in contingency funding, for a total of $635,617. Previously, the City Council appropriated $8,027,205, but a budget shortfall remains.

Consequently, staff is requesting that an additional $297,017 be appropriated from the Water Capital Improvement Fund for this project. A summary is shown below:

Expenditures to Date $ 1,542,708
Pending Invoices 13,167
Construction Contract + Contingency 5,815,920
Project Management Contract + Contingency (Pending Approval) 635,618 Design/Engineering (Remaining Contract Balance) 16,388
Equipping (Remaining Contract Balance) 300,422
$ 8,324,222
ARPA Budget $ 7,838,089
Water Capital Improvement Budget 189,116
$ 8,027,205
Additional Appropriation from Water Capital Improvement Fund $ 297,017 FISCAL IMPACT:

Approval of this item will not have an impact on the General Fund. Approval of this item will result in an additional appropriation of $297,017 from the Water Capital Improvement fund.

ATTACHMENTS:

Professional Services Agreement with Civiltec Engineering, Inc.

Exhibit "A" - Civiltec Construction Management Services Proposal Exhibit "C" - Civiltec Construction Management Services Fee Proposal

3.A.20
Packet Pg. 423
24438.00000\42055906.1
(BB&K 2021) -1- Professional Services Agreement

CITY OF SAN JACINTO

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 7th day of May, 2024, by and between the City of San Jacinto, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 595 South San Jacinto Avenue, San Jacinto, California 92583 ("City") and Civiltec Engineering, Inc., an Illinois Corporation with its principal place of business at 1440 N Harbor Blvd Ste 721 Fullerton, California 92835 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement.

Consultant represents that it is experienced in providing Construction Management services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional services for the Bath Treatment Plant project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Construction Management consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Additionally, Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit “A-I.”]

3.1.2 Term. The term of this Agreement shall be from May 7th, 2024 to December 31, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two (2) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth

3.A.20.a
Packet Pg. 424 Attachment: Professional Services Agreement with Civiltec Engineering, Inc. (Award of Contract to Civiltec Engineering for Construction 24438.00000\42055906.1
(BB&K 2021) -2- Professional Services Agreement
in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Six Hundred Thirty-Five Thousand Six Hundred Eighteen Dollars ($635,618) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3 Responsibilities of Consultant.

3.3.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in

3.A.20.a
Packet Pg. 425 Attachment: Professional Services Agreement with Civiltec Engineering, Inc. (Award of Contract to Civiltec Engineering for Construction 24438.00000\42055906.1
(BB&K 2021) -3- Professional Services Agreement
Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

Shem Hawes, Construction Management Manager.

3.3.5 City's Representative. The City hereby designates Robert A. Johnson, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement.

Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates C. Shem Hawes, PE, Construction Management Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

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Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.3.9 Period of Performance.

3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification. Consultant 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 Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely

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responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.3.10.1 or 3.3.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section

3.3.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.3.10.5 Water Quality Management and Compliance. Consultant 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 Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where

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the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

3.3.11 Insurance.

3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant 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 00 01, or the exact equivalent, with limits of not 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 (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (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. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect

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the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement. (E) Pollution Liability: Pollution Liability Insurance covering all of the consultant’s operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with limits of not less than $5,000,000 per loss and $10,000,000 total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another. If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.

3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability and Pollution 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 Agreement. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant 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) Professional Liability (Errors & Omissions): (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. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Pollution 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 Agreement.

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(E) Workers' Compensation: (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. (2) 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.

3.3.11.9 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform

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Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

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commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.4 Labor Code Requirements.

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3.5 Accounting Records.

3.6 General Provisions.

3.6.1 Termination of Agreement.

Consultant: Civiltec Engineering, Inc.
1440 N Harbor Blvd Ste 721
Fullerton, California 92835
ATTN: C. Shem Hawes, PE, Construction Management
Manager
City: City of San Jacinto
595 S. San Jacinto Avenue
San Jacinto, CA 92583
ATTN: City Manager

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Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

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party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.6.5 Indemnification.

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subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.9 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.6.12 Construction; References; Captions. Since the Parties or their agents have

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participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

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

3.6.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

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3.7 Subcontracting.

3.8 Federal Requirements. Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”) will be used to fund all or a portion of this Agreement. The Consultant shall comply with all federal requirements including, but not limited to, the following:
• Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021, U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery Fund Award Terms and Conditions, Treasury’s Final Rule codified at 31 CFR Part 35, and SLFRF reporting requirements, as applicable (collectively, the “SLFRF Compliance Requirements”). The SLFRF Compliance Requirements are expressly incorporated herein by reference. • 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the Treasury may determine are inapplicable to the SLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury. • Federal Contract Provisions attached hereto as Exhibit “A-1” and incorporated herein by reference.

Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in the Agreement, including but not limited to, SLFRF Compliance Requirements, 2 C.F.R. Part 200, and the Federal Contract Provisions. With respect to any conflict between such federal requirements and the terms herein and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. [SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF SAN JACINTO AND
Civiltec Engineering, Inc.

IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF SAN JACINTO CIVILTEC ENGINEERING, INC.

By: ____________________________ By: ____________________________ Robert A. Johnston C. Shem Hawes, PE
City Manager Principal, Senior Engineer
Attest:

Julia Espinoza, City Clerk
Approved as to Form:
______________________________
Craig Hayes, City Attorney
Best Best & Krieger LLP

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(BB&K 2021) Exhibit “A”
-1 Professional Services Agreement
EXHIBIT "A"

SCOPE OF SERVICES

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EXHIBIT "A-I"

FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit.

1. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS

STATE AND LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS (a) Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of ARPA, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations.

Records shall be maintained by Consultant for a period of five (5) years after completion of the Project.
(b) Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of ARPA, regulations adopted by Treasury pursuant to section 603(f) of ARPA, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following:
(i) Universal Identifier and System for Award Management (SAM), 2 C.F.R.

Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
(ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R.

Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
(iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R.

Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.
(iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part

20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.

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(c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination.

Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the SLFRF program including, without limitation, the following:
(i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.
(ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability.
(iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
(d) False Statements. Consultant understands that making false statements or claims in connection with the SLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
(e) Hatch Act. If Consultant is a public agency, Consultant agrees to comply, as applicable, with the requirements of the Hatch Act (5 U.S.C. section 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance.
(f) Protections for Whistleblowers.
(i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. (ii) The list of persons and entities referenced in the paragraph above includes the following:

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(1) A member of Congress or a representative of a committee of Congress;
(2) An Inspector General;
(3) The Government Accountability Office;
(4) A Treasury employee responsible for contract or grant oversight or management;
(5) An authorized official of the Department of Justice or other law enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (g) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-thejob seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (h) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers. (i) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Agreement, including, but not limited to, the following:
(i) Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.
(ii) Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project.

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(iii) Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov. (iv) Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees and assignees for the period in which such assistance is provided.
(v) Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s subcontractors, successors, transferees and assignees:

The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement).
(vi) Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property. (vii) Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on-site compliance reviews, and reporting requirements. (viii) Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI. (ix) Consultant must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such

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discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state. (x) If Consultant makes sub-awards to other agencies or other entities, Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance.

2. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER

FEDERAL AWARDS
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Agreement include remedies for breach and termination for cause and convenience.
(b) Appendix II to Part 200 (C) – Equal Employment Opportunity: Except as otherwise provided under 41 C.F.R. Part 60, if this Agreement meets the definition of a “federally assisted construction contract” in 41 C.F.R. § 60-1.3, then Consultant shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 C.F.R. Chapter 60:
(i) Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(ii) Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(iii) Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. (iv) Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be

3.A.20.a
Packet Pg. 446 Attachment: Professional Services Agreement with Civiltec Engineering, Inc. (Award of Contract to Civiltec Engineering for Construction 24438.00000\42055906.1
(BB&K 2021)
Exhibit “A-I-6” Professional Services Agreement
provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(v) Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(vii) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii) Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred

3.A.20.a
Packet Pg. 447 Attachment: Professional Services Agreement with Civiltec Engineering, Inc. (Award of Contract to Civiltec Engineering for Construction 24438.00000\42055906.1
(BB&K 2021)
Exhibit “A-I-7” Professional Services Agreement
from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by SLFRF.
(d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by SLFRF.
(e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) If this Agreement is in excess of $100,000 and involves the employment of mechanics or laborers, Consultant shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.

These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (ii) Overtime Requirements. No contractor or subcontractor contracting for any part of the Agreement work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (iii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.

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Packet Pg. 448 Attachment: Professional Services Agreement with Civiltec Engineering, Inc. (Award of Contract to Civiltec Engineering for Construction 24438.00000\42055906.1
(BB&K 2021)
Exhibit “A-I-8” Professional Services Agreement
(iv) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (v) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement:
(i) If the Federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by the Federal awarding agency.
(ii) The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. (g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If this Agreement is in excess of $150,000, Consultant shall comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). (i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report

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Packet Pg. 449 Attachment: Professional Services Agreement with Civiltec Engineering, Inc. (Award of Contract to Civiltec Engineering for Construction 24438.00000\42055906.1
(BB&K 2021)
Exhibit “A-I-9” Professional Services Agreement
each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension: A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement.
(i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: If this Agreement is in excess of $100,000, Consultant shall have submitted and filed the required certification pursuant to the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1353). If at any time during the Agreement term funding exceeds $100,000.00, Consultant shall file with the City the Federal Standard Form LLL titled “Disclosure Form to Report Lobbying.” Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.
(j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:

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Packet Pg. 450 Attachment: Professional Services Agreement with Civiltec Engineering, Inc. (Award of Contract to Civiltec Engineering for Construction 24438.00000\42055906.1
(BB&K 2021)
Exhibit “A-I-10” Professional Services Agreement
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”
(k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:

3.A.20.a
Packet Pg. 451 Attachment: Professional Services Agreement with Civiltec Engineering, Inc. (Award of Contract to Civiltec Engineering for Construction 24438.00000\42055906.1
(BB&K 2021)
Exhibit “A-I-11” Professional Services Agreement
(i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts
(ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

3.A.20.a
Packet Pg. 452 Attachment: Professional Services Agreement with Civiltec Engineering, Inc. (Award of Contract to Civiltec Engineering for Construction 24438.00000\42055906.1
(BB&K 2021) Exhibit “B”-1 Professional Services Agreement EXHIBIT "B"

SCHEDULE OF SERVICES
Civiltec engineering, inc. (Civiltec) proposes to provide the scope of services per our proposal dated April 14, 2024, for the above-mentioned project on time and materials not to exceed the following total budgets without prior authorization from the City of San Jacinto (San Jacinto).

Phase 1 - Construction Management ......................................................................$431,307.00 Phase 2 - Geotechnical Inspection Services .......................................................... $114,955.00 Phase 3 - Third Party Labor Compliance .................................................................$31,572.10 Total Budget ............................................................................................................ $577,834.10

3.A.20.a
Packet Pg. 453 Attachment: Professional Services Agreement with Civiltec Engineering, Inc. (Award of Contract to Civiltec Engineering for Construction 24438.00000
\42055906.1
(BB&K 2021) Exhibit “C”
-1 Professional Services Agreement
EXHIBIT "C"

COMPENSATION

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Packet Pg. 454 Attachment: Professional Services Agreement with Civiltec Engineering, Inc. (Award of Contract to Civiltec Engineering for Construction

3.A.20.b
Packet Pg. 455 Attachment: Exhibit "A" - Civiltec Construction Management Services Proposal (Award of Contract to Civiltec Engineering for Construction Civil, Water, Wastewater, Drainage, Transportation and
Electrical/Controls Engineering ● Construction Management ● Surveying California ● Arizona
1440 N. Harbor Boulevard, Suite 721, Fullerton, CA 92835 | P: 714.459.7957 City of San Jacinto | Public Utilities April 14, 2024
595 South San Jacinto Avenue
San Jacinto, CA 92583
Subject: Proposal for Construction Management Services for Site Improvements and Construction of Bath Well Potable Water Treatment Plant Project # 22-005
Dear Selection Committee:

The City of San Jacinto (San Jacinto) is seeking a firm to provide construction management services for site improvements and construction of a new iron and manganese removal treatment facility at the Bath Well site. Originally built in 1992, this plant was designed to treat iron and manganese levels at the Bath and Artesia Wells. The plant is now beyond its operational lifespan, and San Jacinto wants to replace and modernize the facility and increase its treatment capacity to 2,500 gallons per minute (gpm) and minimum treatment levels of 200ug/L for iron and 200ug/L for manganese. Civiltec Engineering, Inc. (Civiltec) is available and excited to present this proposal to provide construction management services for this project. In addition to the engineering services we have already provided at this water treatment plant, our vast experience with production well treatment projects and design and construction management efforts for numerous cities and water agencies and districts across Southern California will benefit San Jacinto. Civiltec provides high-quality service with the utmost level of integrity.

Civiltec is committed to using Small Business Enterprise subconsultants for specialty task assignments as needed and is registered as a California Small Business Enterprise with the Metropolitan Water District of Southern California, Port of Long Beach, San Diego County Water Authority, Los Angeles Unified School District, and Los Angeles Community College District.

Civiltec proposes to assign C. Shem Hawes, PE, as company representative. He is a Principal in the firm and Fullerton Branch Manager. He will be responsible for the firm’s timely response and quality completion. He has complete authority to handle all contractual matters, commit Civiltec’s resources as necessary, and take all action necessary to meet your requests and those listed in the Request for Proposal. We are confident that we are the right firm for this project and extremely excited to continue serving your community. I can be reached at [email protected] or (714) 459-7957 with any questions. California Department of Industrial Regulations Registration No. is 1000048504.

Sincerely,
C. Shem Hawes, PE | Principal, Principal Engineer
CSH:amv
W:\Proposals\2023 Proposals\Fullerton\PF23074.00-San Jacinto-Bath Well CMO Services\Final Proposal\Civiltec San Jacinto Bath Well CM Services Proposal.docx

3.A.20.b
Packet Pg. 456 Attachment: Exhibit "A" - Civiltec Construction Management Services Proposal (Award of Contract to Civiltec Engineering for Construction Proposal for Construction Management Services
Bath Well Potable Water Treatment Plant
April 14, 2024 | Page i

TABLE OF CONTENTS
Executive Summary ..............................................................................................................................................1 Qualifications and Experience..........................................................................................................................1 Skills and Experience ........................................................................................................................................................ 1 Key Staff..................................................................................................................................................................................2 Construction Management/Observation Experience and References ......................................................... 4 Sub-Consultants .....................................................................................................................................................7 Proposed Method to Accomplish the Work..................................................................................................8 Project Understanding...................................................................................................................................................... 8 Technical and Management Approach....................................................................................................................... 8 Scope of Work ....................................................................................................................................................................10 Proposed Draft Schedule ...............................................................................................................................................17 Certification of Proposal.................................................................................................................................. 17 Fee Proposal......................................................................................................................................................... 17 Attachments – Two-Page Resumes for Key Staff

3.A.20.b
Packet Pg. 457 Attachment: Exhibit "A" - Civiltec Construction Management Services Proposal (Award of Contract to Civiltec Engineering for Construction Proposal for Construction Management Services
Bath Well Potable Water Treatment Plant
April 14, 2024 | Page 1

EXECUTIVE SUMMARY
Established as a “C” corporation in California in 1986, Civiltec was founded on the principles of innovative thinking and premier quality. We have 62 employees, made up of registered civil and electrical engineers, land surveyors, certified floodplain managers (CFM), engineers-in-training (EIT) and support staff of project managers, designers, CADD technicians, surveyors, and administrative personnel in six office locations: Monrovia (headquarters), Fullerton and Upland, California and Prescott, Peoria, and Phoenix, Arizona. We are not too big: we will be there when needed in an efficient and affordable fashion. We are not too small: we are just the right firm to provide the depth needed to guarantee quality, timely service.

Civiltec is committed to providing consistent, forward-thinking engineering, and cost-effective solutions. Our team communicates and troubleshoots early to identify and avoid potential construction problems and/or delays. Civiltec’s decision-making process is based on the consensus of ideas and information to help ensure sound and intelligent recommendations and solutions to give your project the best chance for success. We believe our processes and expertise in delivering solutions specific to your needs will be instrumental for construction management of the Bath Well Potable Water Treatment Plant.

QUALIFICATIONS AND EXPERIENCE
Skills and Experience
Civiltec has provided construction management and observation services for a variety of treatment plants, pump stations, reservoirs, and pipeline projects throughout the last five years. Through strict adherence to the contract conditions, our project team provides thorough construction management and observation of construction activities to ensure quality workmanship of the treatment plant improvements, as well as worker and public safety. Below is a table of design and construction phase services (unless otherwise stated) project examples.

Project Name Client
Grand Avenue Well Iron and Manganese Treatment Plant City of San Jacinto Plant 30 Wellhead Treatment, Construction
Management/Observation Only
Monte Vista Water District
East Pasadena Well 8 Treatment and Blending California American Water Gar�ield Well Replacement and Improvements Pasadena Water and Power (PWP)
Wadsworth Well Groundwater Treatment Plant PWP
Well 10 Granular Activated Carbon (GAC) Treatment and
System Upgrades
City of Norwalk
Plants 4, 27 and 19 Wellhead 1,2,3-Trichloropropane (TCP) Removal Treatment
Monte Vista Water District
Well 34 Nitrate Treatment Plant Monte Vista Water District Miragrand Well Equipping Three Valleys Municipal Water
District
Well No. 21, Construction Observation City of Garden Grove Mountain View Well No. 8 TPC GAC Treatment System East Pasadena Water Company Well No. 12 Water Treatment System City of Santa Fe Springs

3.A.20.b
Packet Pg. 458 Attachment: Exhibit "A" - Civiltec Construction Management Services Proposal (Award of Contract to Civiltec Engineering for Construction Proposal for Construction Management Services
Bath Well Potable Water Treatment Plant
April 14, 2024 | Page 2
Project Name Client
Well Nos. 11 and 12 Biological Nitrate Treatment System Sunny Slope Water Company Well No. 13 Treatment City of El Monte
Well No. 11 Nitrate-Volatile Organic Compounds Treatment City of Alhambra Civiltec has been in business for 38 years. The firm was founded on the principles of utilizing stateof-the-art computer technology to assist clients in project design and communication. This includes working with the latest versions of AutoCAD with Civil 3D, various technical engineering and survey programs, and the latest versions of Microsoft Office (including Teams), Microsoft Project, Adobe Creative Cloud, Bluebeam and Procore. Civiltec has also used other similar on-line construction project management and virtual project manager systems. We understand the tools the on-line management systems provide and the intent to give an overall one-stop shop for documentation and communication to all stakeholders during construction of the project.

Key Staff
Our personnel are experienced public works engineers, construction managers and qualified observation staff. Key staff proposed will not be reassigned or replaced without your prior written authorization. Civiltec is committed to building the right team for each project, tailored to your specific needs. Resumes for key staff below are included as an attachment.

C. Shem Hawes, PE | Construction Management Manager
Shem has 21+ years (16+ with Civiltec) of water and wastewater experience.

During his tenure at Civiltec, he has been integral in developing relationships with clientele and interacting at multiple levels with business partners and owners to develop solutions for water, wastewater, and public works projects. He has been the responsible engineer for hundreds of unique planning, design and analytical projects while acting in the role of project manager and/or senior engineer. The majority of these projects have also included construction management or construction support services.

3.A.20.b
Packet Pg. 459 Attachment: Exhibit "A" - Civiltec Construction Management Services Proposal (Award of Contract to Civiltec Engineering for Construction Proposal for Construction Management Services
Bath Well Potable Water Treatment Plant
April 14, 2024 | Page 3
Shem designed and managed construction for several treatment plant facilities, including the Wilson Reservoir TCP Treatment Plant for South Pasadena, Well No. 16 TCP Treatment Plant and Chino East Side Well Temporary Treatment Plant for Chino, Well No. 3 Treatment Facility for El Monte, and Well No. 11 Nitrate-Volatile Organic Compounds Treatment Plant for Alhambra.

W. David Byrum, PE | Principal-in-Charge
David is President and Principal Engineer at Civiltec. He is responsible for the overall management of Civiltec’s headquarters office. David has 46+ years (31+ with Civiltec) of experience as a systems planner, design engineer, project manager, principal engineer, and construction manager. He is an expert in the planning, design and construction management of water distribution and transmission pipelines, water treatment plants, booster pumping stations, steel and concrete reservoirs, groundwater wells, specialty valving stations, wastewater lift stations, flow equalization stations, wastewater treatment plants, storm drains and street improvement projects. David serves as an expert witness and has been involved in several cases centered on water industry issues, including the Chromium 6 Pacific Gas and Electric (PG&E) case for 6 years.

Steven Walker, PE | Senior Engineer - Oversite
Steven has 24+ years (3+ years with Civiltec) of experience in all aspects of planning, design, and construction oversight of municipal water and wastewater systems. His experience includes treatment, conveyance, pumping and storage systems. His planning experience includes computerized hydraulic modeling and construction cost estimates of present and future system needs. His background in construction oversight and startup and testing of wells and pumping systems enables him to troubleshoot anomalous operational difficulties and access various potential pipeline alignments to select the most cost and scheduling effective solution.

Hao Liu, EIT, PhD | Sr. Staff Engineer
Dr. Liu has 8+ years (1+ with Civiltec) of experience in civil engineering design, which includes basis-of-design reports, hydrology/hydraulic reports, low impact development reports, stormwater pollution prevention plan (SWPPP) reports/manuals, reviewing as-builts, surveys, soil reports and title reports, developing plans for construction details and specifications, and coordinating with agencies and easement owners for permits and approvals. He also has hydrology research experience, university teaching experience and did his dissertation on “Frameworks for Assessing Error Heteroscedasticity of Satellite Precipitation and Extracting Spatiotemporal Variability from Precipitation Data.” He has been published in the Journal of Hydrometeorology and the Journal of Hydrology. Dr. Liu is a detail-oriented, problem-solving professional who strives for win-win solutions.

3.A.20.b
Packet Pg. 460 Attachment: Exhibit "A" - Civiltec Construction Management Services Proposal (Award of Contract to Civiltec Engineering for Construction Proposal for Construction Management Services
Bath Well Potable Water Treatment Plant
April 14, 2024 | Page 4
Dan Keesey | Construction Observer
Dan recently joined Civiltec as an independent contractor. He has 39+ years of community development and public works experience. Before retiring from La Verne, he worked his way up from City Planner to City Manager/Director of Public Works over the course of 36 years. During that time, he managed design and construction for a 4 million-gallon-per-day (MGD) groundwater treatment plant for nitrate and perchlorate removal, a new 2.5 million-gallon (MG) reservoir, two booster pump stations, two new groundwater wells, various road improvement projects, and a new fueling station. As Director of Public Works, he directed and administered a public works department of 49 employees and 7 divisions, including water, sewer, street, refuse, building, parks, and fleet. He developed and administered an annual department budget of $21.2 million and a capital improvement program of $12.1 million (fiscal year 2019-2020). He successfully obtained 100% state reimbursement for utility relocations necessitated by California’s construction of Route 210, and he has plenty of experience coordinating with federal, state, and local agencies on water, environmental, and transportation issues. After retiring from La Verne in 2021, Dan became a consultant and now provides public works project management and inspection/observation services for various agencies.

Construction Management/Observation Experience and References Developing strong working relationships with our clients is part of Civiltec’s mission and vision.

Repeat client work represents 85% of our workload. Throughout the past 5 years, we have averaged over 289 new projects annually. Projects range in size from small to large and have included construction management services. This wealth of successful experience, primarily for municipalities, state and Federal agencies, demonstrates our ability to deliver projects with complete client satisfaction. Our reputation and the quality of our work is paramount to us. Feel free to contact any of the references included with our select relevant project experience to verify our dedication to providing unique, gainful solutions.

Garfield Replacement Well Improvements
Civiltec expedited design for all above-grade improvements for the abandoned Garfield Well. Design elements included a submersible motor, replacement of existing electrical equipment and service, and piping to connect the well to the Villa Park Irrigation System. Civiltec also performed a cross connection control survey to confirm new potable water sources and adjust existing sources. A hydraulic analysis confirmed pump sizing for the connection to the irrigation system, and site design surrounding the well featured a basketball court and additional security fencing for the well and corresponding electrical building.

During construction, Civiltec provided engineering support, construction management, and observation services. Services included pre-construction, startup, testing, construction meetings and conference calls, reviewing and responding to requests for information (RFIs), submittals, shop and record drawings, claim and change order management, maintenance of a master construction

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schedule, construction observation for safety compliance and routine needs, processing of progress payments, final job walk and project close out.

Devils Canyon Azusa Pipeline (DCAP) Inspection and Evaluation of Segment 1, Continuity Bonding, Corrosion Assessment Validation, and Cathodic System Design Civiltec assessed conditions of approximately 20,990 feet of a 30-inch diameter pipeline aligned from east to west across Glendora. The analysis concluded that the pipeline inspection and condition analysis corporation (PICA) had the best system for verifying the useful life of the bar wrapped concrete cylinder pipe. The PICA system required two new points of connection and three access manholes. Civiltec designed the three locations requiring these access manholes, provided bidding support, permitting, traffic control and coordination for observation work.

Civiltec also provided continuity bonding, corrosion assessment and cathodic system design. The bonding work is required to allow the development of a cathodic protection system design to prevent long-term corrosion and extend the life of the pipeline. Because the bonding work is a sizable financial investment, SGVMWD sought to first confirm that the overall structural integrity of the pipeline would warrant the cost. Recent electromagnetic inspections of the pipeline have confirmed that the integrity is more than sufficient to move forward with bonding work and the design of a cathodic protection system. Civiltec is now providing construction management and observations services.

Wadsworth Well Groundwater Treatment Plant
The Wadsworth Well was turned off due to increased levels of TCP. PWP needed to reduce TCP levels to the maximum contaminant level (MCL) of 0.000005 milligrams per liter (mg/L, or 5 parts per trillion or 5 ppt) as required by the California Water Resources Control Board Division of Drinking

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Water (DDW). The goal of this project was to integrate a GAC Ion Exchange (IX) treatment plant to reduce TCP compounds per DDW requirements so Wadsworth Well can operate again.

Civiltec designed civil, structural, mechanical, and electrical systems improvements to facilitate system operations. Improvements included better access to the treatment plant, backwash tank and other ancillary equipment; additional piping to facilitate backwash and discharge; new drainage facilities; slabs to support GAC units, filter units, and a 50,000-gallon bolted steel tank; and realigned chemical injection points. Civiltec also designed the installation of three GAC vessels that allowed Wadsworth Well and two other wells to treat TCP properly. The design increased treatment capacity at Wadsworth Well from 1,600 to 3,000 gpm.

After the design, Civiltec provided construction management services that included reporting and communication, conducting meetings, observing construction, processing progress payments, managing and reviewing claims and change orders, overseeing geotechnical testing and inspection, conducting the final job walk and closing out the project. Civiltec coordinated construction activities and stakeholders, ensured construction progress and focus, maintained safety, quality control, and contract compliance, arranged and conducted start-up testing, ensured all operational manuals were reviewed and approved, ensured final completion and resolved any outstanding issues.

Plant 30 Wellhead Treatment, Construction Management/Observation This project removed nitrate and TCP utilizing six TCP treatment systems with two vessels per system through parallel/lead-lag GAC to ensure water quality from the well was within DDW requirements. The treatment solution for nitrate removal incorporated the established IX system.

The project also installed a disinfection system for the well water with an on-site sodium

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hypochlorite system that included the chlorine storage tank, metering pumps, and chlorine residual analyzer/controller. Other improvements included the 480-volt AC, 3 Phase, 3 wire electric service.

Civiltec provided construction management and observation services for the improvements in the public right-of-way due to simultaneous construction with the on-site improvements. Civiltec also coordinated with the design engineer and materials testing firm.

SUB-CONSULTANTS
Leighton Consulting, Inc (Leighton) | Geotechnical/
Materials Testing
Leighton, a California corporation founded in 1961, provides geotechnical engineering and environmental assessment services, with expertise in infrastructure projects. With over 54 years of experience in southern California, Leighton has an unsurpassed comprehensive understanding of the geotechnical conditions, as well as Federal, state, and local regulations. Leighton develops pertinent geotechnical explorations to define the geologic properties, evaluate the subsurface conditions with respect to the proposed project, and provide geotechnical recommendations for design and construction. Leighton has completed many projects funded through Federal Surface Transportation – Local Funds and is familiar with the California Department of Transportation (Caltrans) Local Assistance Procedures Manual. Leighton’s staff of 175 is in eight southern California offices, including Irvine, Los Angeles, Temecula, Palm Desert, San Diego, Santa Clarita, and Ventura.

Leighton’s Irvine office will take the lead in providing the required services for this project. Leighton’s team has the right experience, California licensing and certifications to manage and successfully complete the project. Leighton’s Irvine office is equipped with a Caltrans approved laboratory with a current, reviewed, and approved Quality Control Manual.

The Solis Group (TSG) | Third Party Labor Compliance
Established in 1992, TSG is a recognized leader in the management of labor compliance programs for California public agencies. They have provided labor compliance consulting services for municipalities, education projects, and across every public works sector. Their clients include some of the largest construction programs in Southern California, such as Los Angeles World Airports, Los Angeles County Metropolitan Transportation Authority, Los Angeles County Department of Public Works, and the Port of Long Beach. Clients hire TSG for their knowledge of compliance programs, their extensive experience, and their ability to minimize risks to project cost, scope, and schedule.

TSG is certified as a DBE, M/WBE, and SBE. They have guided agencies through the entire compliance process, from project start to closeout, when they receive state, Federal, or other grant funding. TSG will manage the labor compliance program to meet the specific requirements of these unique funding sources, ensuring that clients remain compliant with governing rules and regulations.

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PROPOSED METHOD TO ACCOMPLISH THE WORK
Project Understanding
San Jacinto is seeking construction management services for the site improvements that will replace and modernize its Bath Well Potable Water Treatment Plant. As construction manager, Civiltec will monitor daily construction activities for the duration of the project, and act as a liaison between project engineers, the treatment equipment manufacturer, and general contractors. We will work in San Jacinto's best interest, being mindful of the following critical issues.

Existing Utilities
The existence of underground utilities poses the greatest unknown for this project. We will ensure the contractor adheres to the conditions of the contract and locates all existing utilities. Information obtained from the construction drawings, DigAlert markings and potholing activities will provide a clearer picture of any potential conflicts with the proposed improvements throughout the project.

We will ensure the contractor performs a utility search prior to any installation of new facilities and proposed changes to avoid relocations unless absolutely necessary.

Construction Nuisances
Construction activities can be considered a temporary nuisance to adjacent business, residents, and the general public. The construction management team will closely monitor these activities. Strict adherence to working hours will be enforced to not disturb the community too early or too late.

Streets and public access ways will be monitored to ensure they are kept clean. Regularly scheduled activities such as mail delivery and trash pick-ups will be coordinated with the contractor to ensure these services are not delayed. Traffic control setup will adhere to any permit requirements and ensure vehicular and pedestrian access while keeping workers and the public safe from construction activities. Staging areas will be kept clean and secure and will also ensure activities are kept within the permitted working hours. Shutdowns will be scheduled accordingly to provide affected residents advanced notice of short-term water outages.

Stakeholder Engagement
This project will be highly visible to the public. Stakeholders outside of the project team include Homeowners Associations (HOAs) and the public. A high level of communication with the stakeholders will be provided throughout each phase of the project to keep them informed of current and upcoming activities that affect daily operations. Communication will be accomplished through a variety of outlets that include but are not limited to phone calls, email, video conferences, letters and notices. We will work with the project team to ensure all avenues of communication are considered and provide the most up-to-date information.

Technical and Management Approach
Civiltec follows a simple four-part philosophy to promote the timely and effective completion of all projects; (1) we do our homework, (2) we listen, (3) we commit the best technical and personnel resources at our disposal, and (4) we communicate. This philosophy minimizes the need for amendments to contracts and/or change orders. The process starts with development of the

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project understanding and continues with informative communication throughout the project. Only with a complete understanding of your goals, the project requirements, potential utility conflicts and stakeholder/other agency requirements and concerns can we prepare what we believe will be the most efficient, economical and practical work plan. We then prepare an approach with the best available technical expertise and resources to satisfy all the goals and bring the project to a timely and successful completion.

At the beginning of the project, a thorough review of the plans and specifications for the project will be performed to understand all conditions of the contract. Any identified issues will be promptly brought to the attention of the project team, with solutions presented for discussion and approval.

This review will provide a basis to ensure the project is constructed according to the plans and specifications. Shop drawings and material submittals will be reviewed for conformance with the contract documents and recommendations provided for approval, revision or rejection.

Our construction manager and resident observer will schedule a pre-construction meeting to establish clear lines of communication between San Jacinto, the construction management team, the contractor’s project manager and field staff, and stakeholders.

We will obtain the proposed construction schedule and evaluate for any critical path issues and develop methods to expedite the schedule or provide solutions to eliminate delays. We will also assist in construction phasing coordination that agrees with the submitted schedule or adjust as required.

Prior to mobilization the construction management team will document existing conditions of the project limits with photos and video.

When the project is ready to mobilize, our resident observer will provide inspection services whenever construction commences on-site. Before any personnel is allowed within the construction area, all personal protection equipment (PPE) will be inspected while ensuring all safety procedures and practices are adhered to during construction activities. We will also monitor required construction best management practices (BMPs) to ensure compliance with environmental and stormwater pollution prevention requirements.

Construction activities, incidents, labor personnel including subcontractors, visitors, equipment and deliveries will be recorded daily and documented in an observation report. Pictures of the construction progress will be taken daily, and video of certain special activities will also be recorded.

The daily reports will be summarized in a weekly report and all material tickets, testing results, reports, photos and videos will be submitted to San Jacinto. These reports will be key to confirming progress payment requests and the work that was accomplished.

Any issues that arise during construction will immediately be communicated to the project team. We will document all RFIs, submittals, change order requests, correspondence, or any other issues. We will ensure that each item is responded to appropriately, either by our team or with the input of the appropriate team members. Change order requests by the contractor will be reviewed and recommendations provided. We will also review RFIs submitted by the contractor and assist as necessary to resolve the requests. San Jacinto will be kept informed on each item and consulted with as appropriate. We will document any issues that arise from complaints and provide necessary

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assistance and customer relations to keep the stakeholders informed and work with the contractor to reduce nuisances if feasible.

The construction management team will participate in regularly scheduled progress meetings with the project team to discuss progress, schedule, submittals, RFIs, change orders, issues, recommendations and solutions. Meeting minutes will be recorded and distributed to San Jacinto.

Any field changes and minor deviations from the plans will be documented and redlined on the construction plans. A progressive redline set of as-builts will be kept in the field. Changes will be recorded, and as-built progress updated during the progress meetings.

Startup and commissioning services will be provided by the construction management team. We will coordinate with the project team to ensure proper sequencing and verify proper installation and operation of all components of the project prior to startup. The construction management team will witness the testing and simulation of the project to ensure proper operation into the system.

After substantial completion of the project, the construction management team will review construction to create a punch list of items that remain to be completed that includes verification that post-construction conditions are equal or better than pre-construction conditions. We will work with the project team to ensure the items are addressed and completed before project closeout. Final record as-builts will be submitted to San Jacinto. A final letter of completion will be prepared to be submitted to San Jacinto for acceptance of the project, which will include a package of all documentation compiled during the project.

Scope of Work
Based on our project understanding and professional experience, we have identified the following scope of services.

Phase 1. Construction Management
Task 1 – Meetings and Coordination
Civiltec will arrange and conduct regular and weekly conference meetings with San Jacinto, the observer, contractor, and participating outside consultants and agencies. We will coordinate a central video conference call number so that all project participants may be involved. Our construction manager, engineer, and observer will be present for all meetings. We will develop an agenda of issues to be discussed and meeting minutes outlining action items for the contractor and each project team member. We believe these weekly video conference meetings keep the contractor focused on the tasks at hand, as well as upcoming tasks. We assume the construction manager, engineer, and observer will attend 64 meetings, 4 of which are assumed to be on-site meetings.

Task 2 – Report and Communication
Coordination and collaboration efforts will include:
• Coordinate construction activities with San Jacinto, contractor, subcontractor, materials testing firm, San Jacinto inspectors, utility agencies, affected property owners and others. We will take full and responsible charge of the project following the Notice to Proceed. • Coordinate with contractor’s requirements for supplemental water.

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• Document contractor’s relations with any outside parties. • Observe and record the physical condition of any temporary site security measures provided by the contractor.
• Coordinate the need for field geotechnical, geologic, and technical personnel to conduct excavation observations, concrete cylinder break tests and compaction testing for the project.

We will maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other submittals, RFI logs, change orders, progress payment requests, progress meeting reports, board presentations, daily reports, dates of utility service interruptions, and cancel a workday for any unforeseen reason, in addition to all other project correspondence. All forms of document control will be consistent with San Jacinto’s filing system and will be made available to project stakeholders on the SharePoint file created by Civiltec specific to this project.

Task 3 – Master Construction Schedule
Civiltec will maintain the master construction schedule, continually develop methods to expedite work progress, monitor the contractor’s progress with work in relation to the schedule and provide solutions, as necessary. We will notify all involved parties of critical path issues as they arise. We will ensure the contractor issues monthly schedule updates and ensures the schedule reflects the actual work performed. We will tie the progress schedule to the expenditures/contractor invoicing monthly to ensure the contract and budget control compliance.

Task 4 – Construction Observations
When the project is ready to mobilize and while considering the schedule of procurement of the major equipment, our observer will begin full-time observation whenever construction commences on-site. Before any personnel is allowed within the construction area, all PPE will be reviewed while ensuring all safety procedures and practices are adhered to during construction activities. We will also monitor required construction BMPs to ensure compliance with environmental, California Environmental Quality Act (CEQA) documents, approved SWPPP and submittals. Our observation efforts also include the following in conformance with routine needs to implement the project components:
• Traffic Control Monitoring,
• Monitoring Deviations in the Work,
• Facility and Pipeline Shutdowns,
• Construction Management Monthly Reports, and
• Environmental Control.

Construction activities, incidents, labor personnel, including subcontractors, visitors, equipment, and deliveries, will be recorded daily and documented on daily and weekly reports. Pictures of the construction progress will be taken daily, and video of certain special activities will be recorded. The daily reports will be summarized in a weekly report and all material tickets, testing results, reports, photos, and videos will be submitted to San Jacinto. These reports will be key to confirm progress payment requests and the work that was accomplished. We will maintain the required folders and binders during construction, so all field documents are readily available.

Civiltec will provide weekly summary reports to the project team and San Jacinto documenting progress, which will include daily reports, test results, and an updated schedule. Furthermore, we will observe the contractor for compliance with site and job safety requirements and inform San Jacinto of any concerns or problems regarding observed site or job safety.

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We developed observer hours based on the contractor’s schedule for a total of approximately 394 working days’ contract time, which equates to 1,578 working hours for part-time observation or otherwise half-time observation equating to 4 hours minimum per day.

Task 5 – Progress Payment
Civiltec will obtain, verify, analyze, and process all contractor’s requests for monthly progress pay estimates and the final pay request. A total of 20 are expected. We will also obtain conditional and unconditional lien releases from contractors and provide certified payroll to San Jacinto as required for contract compliance.

Task 6 – Contractor’s Claims and Change Orders
Civiltec will manage and review claims and change orders submitted by the contractor and submit the requests with documentation and responses for review, implementing changes to the project team where necessary. Civiltec will prepare an estimate of probable cost and evaluate the contractor’s costs for rationality. Upon authorization, we will negotiate costs with the contractor from San Jacinto. We will also coordinate with San Jacinto’s project manager to authorize change orders in a timely manner and document all force account work, including labor tracking, materials and equipment utilized. We will review all time extension requests and their impacts, as well as provide our own opinion regarding their rationality.

Task 7 – Final Job Walk and Project Close Out
Civiltec will arrange and conduct the start-up testing, pre-final and final observations of work placed into service to be witnessed by the project team. We will ensure all operational manuals and warranties are reviewed and approved. Civiltec will prepare a “punch list” and identify contractorassigned tasks to obtain final completion and ensure these responsibilities are upheld. We will also review the contractor’s project record drawings and ensure they are complete and accurate before project close-out.

Civiltec will resolve all outstanding payment issues and recommend final payment to the contractor.

We will work with San Jacinto to prepare and record the Notice of Completion. Furthermore, we will prepare and provide a completion report to San Jacinto consisting of a discussion of construction activities, final schedule, operation and maintenance (O&M) manuals, record drawing certification, demobilization of field offices, contractor evaluation, photographs, reports, test results, change orders and miscellaneous documentation. Finally, we plan to meet with San Jacinto to close out the project and recommend final payment.

Phase 2. Geotechnical Inspection Services
Leighton will provide geotechnical engineering, materials testing, and special inspection services in accordance with the project design documents, project geotechnical reports, and San Jacinto requirements.

Geotechnical Observation/Testing. Leighton will perform part-time and/or as-needed geotechnical observation and testing during grading activities that will generally include the following:
• Storage building grading and subgrade preparation.
• Treatment building grading and subgrade preparation.
• Decanter Tank grading and subgrade preparation.
• Utility trenches backfill.
• Wet well excavation and subgrade preparation.

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Cast-In Place Reinforced Concrete. Leighton will provide a concrete technician on-site to sample fresh concrete and perform slump tests (ASTM C 143) as and when requested by your designated field representative (or PI). A set of five test specimens (cylinders) per 50 cubic yards (or portion thereof in a single day) placed per mix-design will be molded in accordance with ASTM C 31 for compressive strength testing. Leighton also assumed that reinforcing steel and concrete placement/forms will be inspected by their Deputy Inspector.

Post-Installed Anchors/Dowels. Leighton will provide an inspector to observe the installation of powder driven anchors expansion anchors, adhesive anchors and dowels. Leighton’s inspector will inspect the installation of these anchors in accordance with the International Conference of Building Officials Research Report (ICBO) for the specific anchor to be used.

Reinforcing Steel. Leighton will pick up representative reinforcing steel samples and test them as required.

Welding Inspection (Onsite). Leighton’s services will consist of inspection of welding procedures and welds for conformance to approved plans, specifications, and building codes. This inspection is generally performed on a continuous basis during structural welding. The inspector may use gamma ray, sonic or any other aid for visual inspection that he may deem necessary to assure the adequacy of the welding.

Masonry. If applicable, special deputy inspection services will be provided on-site by a certified Masonry Inspector. This would include the inspection of placement of all reinforcing steel, masonry unit placement, and grouting during construction.

Quality Assurance/ Quality Control (QA/QC)
Project management during special inspection will consist of reviewing inspection reports and laboratory test results for construction materials inspected and tested by Leighton. Inspection concerns encountered in the field and noted in the daily reports, and any material tested and found to be outside project specifications, will be brought to the attention of the Project Superintendent.

Communication
San Jacinto and/or Civiltec will contact Leighton to schedule all fieldwork and help avoid unproductive site visits or standby time. The Leighton project/task manager may attend the preconstruction meeting to establish and understand (1) points of contact, (2) site access and safety protocols, and (3) distribution of daily reports/results, etc. Leighton will work primarily with the San Jacinto field representative, who is expected be on-site daily to (1) schedule Leighton’s personnel, (2) supervise various contractors’ activities and (3) respond to deficiencies in earthwork and/or materials, if necessary.

Site Safety
Leighton personnel will notify the contractor’s site representative, and/or San Jacinto field representative or as specified for this project, whenever they arrive to site. Although site safety is the responsibility of the contractor, Leighton will work with the construction team to achieve a safe work environment. Leighton’s field personnel are provided with conventional and customary PPE for

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construction sites, including hard hats, safety glasses, safety gloves and reflective vests. Any other standard safety equipment can be provided, if requested.

Phase 3. Third Party Labor Compliance
TSG will ensure compliance with Federal Davis-Bacon and State Prevailing Wage requirements. TSG will enforce the highest wage between Davis-Bacon Prevailing Wages and California State Prevailing Wages, as determined by the California Department of Industrial Relations and Division of Labor Statistics and Research. TSG’s scope of work will include the following tasks.

Task 1 - Advise Contractors of All Labor Compliance Requirements TSG will conduct the following activities related to pre-construction activities:
• Inform the contractor(s), via pre-bid and/or pre-construction meetings of the California Labor Code and Federal Davis-Bacon requirements, including:
o Payment of prevailing wages,
o Fringe benefit statement submittal,
o Use of apprenticeships,
o Required submittals (Certified Payroll Records and related documents, Apprenticeship program participation forms (DAS-140 and CAC-2), o Non-discrimination in employment practices,
o Placement of required posters,
o Anti-kickback provisions,
o Subcontractor listing requirements,
o Licensing requirements,
o Unfair competition requirements,
o Worker’s compensation insurance requirements, and
o Penalties.
• Provide the contractor(s) with the applicable prevailing wage determination(s) for the project.
• Provide the contractor(s) with appropriate blank forms, document submittal schedule and checklist for submitting applicable documents.
• Provide technical assistance to the contractor(s) and awarding body, including contact telephone number for contractors to call for assistance and dedicated email address where contractors and staff can send or request information.

Task 2 – Compliance Monitoring
TSG will conduct the following activities related to monitoring and enforcement of prevailing wages and apprenticeship requirements:
• Receive, securely store, review and audit Certified Payroll Records (CPRs), Fringe Benefit Statements, Trustee Reports, DAS-140 and CAC-2, and related documents. • Verify payments by conducting regular and timely spot audits and, when necessary complete audits, of compliance documents and cross check the information with related documents.

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• Request supporting documents, including observer logs, job logs, timesheets, sign-in sheets (when available), and contact trust funds (if applicable), when required. • Conduct interviews of workers in such frequency as may be necessary to assure compliance.

This information will be crosschecked against the CPRs and related documents. • Verify that all apprentices have been properly registered (or certified) in an apprenticeship program registered with the Bureau of Apprenticeship and Training, or with a State Apprenticeship Program recognized by the Bureau.
• Verify that all apprenticeships in possession of a formal certification are registered in an approved program. Verification shall be made with the United States Department of Labor, Employment and Training Administration.

Task 3 – Compliance Enforcement
The following enforcement activities will be conducted:
• Monthly notification of missing or delinquent documents and corrective actions through the use of a Delinquent Documents Form to both the contractor and awarding body. • Notification of wages and penalties due through the use of a Prevailing Wages Audit Worksheet.
o When documents are not received, TSG will inform the awarding body of recommended penalty-related contract amounts to be withheld for contractor(s) failure to submit timely documents.
• Provide copies of all related correspondence and notifications to the awarding body. • Notification to the contractor(s) of right to obtain a review of assessment and/or conduct settlement meeting.
• Collect and distribute wage restitutions to affected employees. • Notify awarding body of underpayment amounts and recommended assessment of liquidated damages and penalties to be withheld.
• Provide a final summary at end of project of items due.

It is TSG’s practice to communicate with contractors and owners regarding apparent or potential violations of the California Labor Code, to ensure that contractors are aware of the requirements and have an opportunity to promptly and voluntarily resolve any issues. If issues are not promptly and voluntarily resolved and a determination of a Labor Code violation is reached, penalty assessment is recommended in accordance with Labor Code requirements.

Task 4 - Coordination with Public and Private Agencies, and Awarding Body Potential project participants (auditors, interested parties) with whom TSG will coordinate include the following:
• U.S. Department of Labor
• California Department of Industrial Relations
• California Division of Labor Standards Enforcement
• Division of Apprenticeship Standards

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• Joint Labor-Management Committees established pursuant to the federal Labor Management Cooperation Act of 1978, such as the Center for Contract Compliance Coordination activities include:
• Provide copies of compliance and enforce action notices and correspondence to the awarding body.
• Respond to inquiries and request for copies of documents such as Certified Payroll Records.

Copies of such records will be redacted according to the California Labor Code before release. • Coordinate investigations and enforcement actions (e.g., California Labor Commissioner). • Coordinate enforcement actions and Settlement Meetings with the awarding body’s legal Counsel.

Task 5 - Provide Required Reports
TSG will provide the following reports:
• A monthly activity report that will include the following:
o An executive summary for the reporting period,
o Identification of enforcement activities taken and results, o Restitution wages, penalties and liquidated damages assessed and collected, o A matrix identifying current issues and their status, and o List of projects monitored.
• Project closeout report, composed of the elements included in the monthly report, and including items that may be due but do not affect the completion of the project.

A database of employees interviewed and findings, wage restitutions, and liquidated damages assessed and collected will be maintained and provided with reports. TSG will provide support, as necessary, to assist in fulfilling state and federal reporting requirements.

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Proposed Draft Schedule
Civiltec agrees and is available to commit to the following proposed schedule.

CERTIFICATION OF PROPOSAL
C. Shem Hawes certifies by submitting this proposal, he agrees to furnish services to San Jacinto in accordance with the Request for Proposal (RFP), and that Civiltec will be bound by the terms and conditions of the RFP.

FEE PROPOSAL
Our cost fee proposal is provided in a separate file per the instructions in the RFP.

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ATTACHMENTS – TWO-PAGE RESUMES

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Packet Pg. 475 Attachment: Exhibit "A" - Civiltec Construction Management Services Proposal (Award of Contract to Civiltec Engineering for Construction C. SHEM HAWES, PE

PRINCIPAL, PRINCIPAL ENGINEER

PROFESSIONAL REGISTRATION
Professional Civil Engineer
California No. 69578

EDUCATION
B.S. Civil and Environmental
Engineering, University of Utah,
2002

PROFESSIONAL AFFILIATIONS
Orange County Water Association
Southern California Water Utilities
Association

EXPERTISE
☒Civil Engineering
☒Drainage Engineering
☐Electrical Engineering
☒Transportation Engineering
☒Wastewater Engineering
☒Water Engineering
☐Survey
☒Construction Management
Mr. Hawes has 21+ years (16+ with Civiltec) of water and wastewater experience. During his tenure at Civiltec, he has been integral in developing relationships with clientele and interacting at multiple levels with business partners and owners to develop solutions for water, wastewater, and public works projects. He has been the responsible engineer for hundreds of unique planning, design and analytical projects while acting in the role of project manager and/or senior engineer.

PROJECT EXPERIENCE
Bath Well Potable Water Treatment Plant, City of San Jacinto Project Manager. Developed plans, specifications, and estimates (PS&E) to replace and modernize the potable water treatment plant. This project will increase its treatment capacity to 2,500 gallons per minute (gpm) and provide minimum treatment levels of 200ug/L for iron and 200ug/L for manganese. Additional improvements included site improvements at the well site, piping configurations, chemical dosing equipment, backwash supply, backwash storage, backwash recovery pumps, a sewer connection, and treatment system improvements. The existing property will be improved with a new steel storage tank, reaction and treatment vessels, booster pump station, and well.

Garfield Well Replacement, Pasadena Water & Power
Project Manager. Designed and provided construction management and observation services for the above-grade improvements on the abandoned Garfield well. Construction phase services included pre-construction, startup, testing, and construction meetings and conference calls, reviewing and responding to requests for information (RFIs), submittals, shop and record drawings, claim and change order management, maintenance of a master construction schedule, construction observation for safety compliance and routine needs, processing of progress payments, final job walk and project close out.

DCAP) Segment 1 Pipeline Inspection, Evaluation and
Rehabilitation, San Gabriel Valley Municipal Water District Project Manager. Prepared a condition assessment for Segment 1 for the DCAP. This segment included approximately 20,990 feet of a 30-inch diameter pipeline aligned from east to west across Glendora, California. The analysis concluded that the pipeline inspection and condition analysis corporation (PICA) had the best system for verifying the useful life of the bar wrapped concrete cylinder pipe. Use of the PICA system required two new points of connection and three access manholes along the Segment 1 pipe alignment. Design was prepared for the three locations requiring these access manholes, bidding support was provided to secure contractors to provide permitting and traffic control and construction support and observation was provided during construction.

3.A.20.b
Packet Pg. 476 Attachment: Exhibit "A" - Civiltec Construction Management Services Proposal (Award of Contract to Civiltec Engineering for Construction C. SHEM HAWES, PE

PRINCIPAL, PRINCIPAL ENGINEER
Project Experience (Continued) | Page 2 of 2
Wadsworth Well Groundwater Treatment Plant, Pasadena Water & Power Project Manager. Designed and performed construction management/observation of three GAC vessel pairs in lead-lag configuration at the adjacent property to the site to decrease 1,2,3- Trichloropropane (TCP) to below reporting levels for three existing production wells. The treatment plant will have a treatment capacity of 3,000 gpm. Site improvements included a new access road, proper ingress and egress, new 50,000-gallon backwash tank, chloramination system, new gas generator and other ancillary equipment. A new 12-inch-tall block wall will be installed around the site for increased security and privacy along with underground process piping, drainage piping, catch basins and site lighting. Permitting included DDW and building and safety. An operation and maintenance plan was also created. Construction management included reporting and communication, conducting meetings, observing construction, processing progress payments, managing and reviewing claims and change orders, overseeing geotechnical testing and inspection, conducting the final job walk and closing out the project.

Plant 30 Wellhead Treatment Construction Management/Observation, Monte Vista Water District
Project Manager. Executed construction management and observation services for a treatment plant facility to remove nitrate and TCP through a granular activated carbon (GAC) treatment system. The project also installed a disinfection system for the well water with an on-site sodium hypochlorite system that includes the chlorine storage tank, metering pumps and chlorine residual analyzer/controller as well as improvement to the 480-volt AC, 3 Phase, 3 wire electric service. Coordination was required with the design engineer, selected materials testing firm and contractor.

Grand Avenue Well Iron and Manganese Treatment Plant, City of San Jacinto Project Manager. Provided plans, specifications and estimates (PS&E) and construction phase support services for the replacement and modernization of the Grand Well Site Potable Water Treatment Plant. This project increased treatment capacity from 2,000 gallons per minute (gpm) to 2,500 gpm and minimized treatment levels to 400ug/L for iron and 400ug/L for manganese. Design included new pumping, piping, instrumentation and electrical systems to convey water to the new treatment plant and backwash supply pump system; improved load capacity for motor control center; structural improvements to support treatment vessels, filter vessels (two tanks conceptualized) backwash water tank (one tank conceptualized), valve trees, piping manifolds, control panels, control panel shade structures, backwash supply pump, wash water rinse recovery pumps and air compressor; electrical power facilities for system operation; below and above grade piping manifolds and supports; paving, grading, and drainage improvements; demolition of outdated facilities; new liquid chemical system (sodium hypochlorite); and a new steel metal building to house the treatment vessels, electrical room, and new bathroom.

Miragrand Well Equipping, Three Valleys Municipal Water District Project Manager. Provided design, construction management and observation for drainage improvements, disinfection options, and electrical improvements at the Miragrand Well while maintaining architectural and natural features of surrounding residential area. Drainage improvements utilized infiltration basins to return well water to the Six Basins for recharge. The preliminary design report detailed the most convenient, costefficient location for the proposed well, appurtenant equipment, pipeline alignment and electrical conduits.

Above-grade discharge piping is used from the well to deliver 700 gpm to the combined filter effluent chamber and one of the 8-MG reservoirs at the Grand Avenue Well site on Miramar Avenue. Electrical design included 200 horsepower electric motor well. This project delivers a sustainable source of groundwater production to enhance the reliability of the Three Valleys Municipal Water District water supply.

3.A.20.b
Packet Pg. 477 Attachment: Exhibit "A" - Civiltec Construction Management Services Proposal (Award of Contract to Civiltec Engineering for Construction W. DAVID BYRUM, PE

PRESIDENT

PROFESSIONAL REGISTRATION
Professional Civil Engineer
California No. 43296

EDUCATION
B.S. Mechanical Engineering,
University of California, Los Angeles,
1977
A.S. Electro-Mechanical Engineering,
Western Texas College, 1974

PROFESSIONAL AFFILIATIONS
American Council of Engineering
Companies
American Water Works Association
Association of California Water
Agencies
California Utility Executives
Management Association, Board of
Directors
California Water Environment
Association
Orange County Water Association
Rural Water Association of Arizona
Southern California Water Utilities
Association, Past President
San Gabriel Valley Water Association

He is responsible for the overall management of Civiltec’s headquarter office. Mr. Byrum has 46+ years (31+ with Civiltec) of experience as a systems planner, design engineer, project manager, principal engineer, and construction manager. He is an expert in the planning and design of water distribution and transmission pipelines, water treatment plants, booster pumping stations, steel and concrete reservoirs, groundwater wells, specialty valving stations, wastewater lift stations, flow equalization stations, wastewater treatment plants, storm drains, and street improvement projects. He also prepares regulatory agency compliance reports and technical studies to ensure water purveyors remain in compliance with current regulations. Mr. Byrum serves as an expert witness and has been involved in several cases centered on water industry issues, including the Chromium 6 Pacific Gas and Electric (PG&E) case for 6 years.

PROJECT EXPERIENCE
Bath Well Potable Water Treatment Plant, City of San Jacinto Principal. Project developed plans, specifications, and estimates (PS&E) to replace and modernize the potable water treatment plant. This project will increase its treatment capacity to 2,500 gallons per minute (gpm) and provide minimum treatment levels of 200ug/L for iron and 200ug/L for manganese. Additional improvements included site improvements at the well site, piping configurations, chemical dosing equipment, backwash supply, backwash storage, backwash recovery pumps, a sewer connection, and treatment system improvements. The existing property will be improved with a new steel storage tank, reaction and treatment vessels, booster pump station, and well.

Garfield Well Replacement, Pasadena Water & Power
Principal. Project included the design and construction management and observation services for the above-grade improvements on the abandoned Garfield well. Construction phase services included pre-construction, startup, testing, and construction meetings and conference calls, reviewing and responding to requests for information (RFIs), submittals, shop and record drawings, claim and change order management, maintenance of a master construction schedule, construction observation for safety compliance and routine needs, processing of progress payments, final job walk and project close out.

DCAP) Segment 1 Pipeline Inspection, Evaluation and
Rehabilitation, San Gabriel Valley Municipal Water District Principal. Project included a conditions assessment of approximately 20,990 feet of a 30-inch diameter pipeline aligned from east to west across Glendora, California. Analysis concluded that the pipeline inspection and condition analysis corporation (PICA) had the best system for verifying

3.A.20.b
Packet Pg. 478 Attachment: Exhibit "A" - Civiltec Construction Management Services Proposal (Award of Contract to Civiltec Engineering for Construction W. DAVID BYRUM, PE

PRESIDENT
Project Experience (Continued) | Page 2 of 2
the useful life of the bar wrapped concrete cylinder pipe. The PICA system required two new points of connection and three access manholes. Three locations requiring these access manholes were designed and bidding support was provided for permitting, traffic control and coordination during observation work. The project also included continuity bonding, corrosion assessment and cathodic system design. Bonding work was required to allow cathodic protection system design to prevent long-term corrosion and extend pipeline life. Electromagnetic inspections of the pipeline confirmed that pipeline integrity was sufficient to proceed with bonding work and cathodic protection system design.

Plant 30 Wellhead Treatment Construction Management/Observation, Monte Vista Water District
Principal. Project provided construction management and observation services for a treatment plant facility to remove nitrate and TCP through a GAC treatment system. The project also installed a disinfection system for the well water with an on-site sodium hypochlorite system that includes the chlorine storage tank, metering pumps and chlorine residual analyzer/controller as well as improvement to the 480-volt AC, 3 Phase, 3 wire electric service. Coordination was required with the design engineer, selected materials testing firm and contractor.

Grand Avenue Well Iron and Manganese Treatment Plant, City of San Jacinto Principal. Provided oversight for the development of PS&E and construction phase support services for the replacement and modernization of the Grand Well Site Potable Water Treatment Plant. This project increased treatment capacity from 2,000 gallons per minute (gpm) to 2,500 gpm and minimized treatment levels to 400ug/L for iron and 400ug/L for manganese. Design included new pumping, piping, instrumentation and electrical systems to convey water to the new treatment plant and backwash supply pump system; improved load capacity for motor control center; structural improvements to support treatment vessels, filter vessels (two tanks conceptualized) backwash water tank (one tank conceptualized), valve trees, piping manifolds, control panels, control panel shade structures, backwash supply pump, wash water rinse recovery pumps and air compressor; electrical power facilities for system operation; below and above grade piping manifolds and supports; paving, grading, and drainage improvements; demolition of outdated facilities; new liquid chemical system (sodium hypochlorite); and a new steel metal building to house the treatment vessels, electrical room, and new bathroom.

Miragrand Well Equipping, Three Valleys Municipal Water Principal. Provided oversight for the design, construction management and observation for drainage improvements, disinfection options, and electrical improvements at the Miragrand Well while maintaining architectural and natural features of surrounding residential area. Drainage improvements utilized infiltration basins to return well water to the Six Basins for recharge. The preliminary design report detailed the most convenient, cost-efficient location for the proposed well, appurtenant equipment, pipeline alignment and electrical conduits. Above-grade discharge piping is used from the well to deliver 700 gpm to the combined filter effluent chamber and one of the 8-MG reservoirs at the Grand Avenue Well site on Miramar Avenue.

Electrical design included 200 horsepower electric motor well. This project delivers a sustainable source of groundwater production to enhance the reliability of the Three Valleys Municipal Water District water supply.

3.A.20.b
Packet Pg. 479 Attachment: Exhibit "A" - Civiltec Construction Management Services Proposal (Award of Contract to Civiltec Engineering for Construction STEVEN M. WALKER, PE

SENIOR PROJECT ENGINEER

PROFESSIONAL REGISTRATION
Professional Civil Engineer
California No. 86693
Florida No. 64693

EDUCATION
B.S. Environmental Engineering,
University of Florida, 1999

PROFESSIONAL AFFILIATIONS
American Water Works Association
Southeast Desalting Association

EXPERTISE
☐Civil Engineering
☐Drainage Engineering
☐Electrical Engineering
☐Transportation Engineering
☒Wastewater Engineering
☒Water Engineering
☐Survey
☒Construction Management
Mr. Walker has 24+ years (3+ with Civiltec) of experience in all aspects of planning, design and construction oversight of municipal water and wastewater systems. His experience includes treatment, conveyance, pumping and storage systems. His planning experience includes computerized hydraulic modeling and construction cost estimates of present and future system needs. He also brings a broad understanding of pump selection requirements in both constant speed and variable frequency drive applications. Mr. Walker has experience in the design and construction inspection services of water and wastewater treatment, pumping, and conveyance systems. He has a broad depth of understanding of pipeline design requirements and challenges. His background in construction oversight and startup and testing of pumping systems enables him to troubleshoot anomalous operational difficulties and access various potential pipeline alignments to select the most cost and scheduling effective solution.

PROJECT EXPERIENCE
Bath Well Potable Water Treatment Plant, City of San Jacinto Project Engineer. Developed plans, specifications, and estimates (PS&E) to replace and modernize the potable water treatment plant. This project will increase its treatment capacity to 2,500 gallons per minute (gpm) and provide minimum treatment levels of 200ug/L for iron and 200ug/L for manganese. Additional improvements included site improvements at the well site, piping configurations, chemical dosing equipment, backwash supply, backwash storage, backwash recovery pumps, a sewer connection, and treatment system improvements. The existing property will be improved with a new steel storage tank, reaction and treatment vessels, booster pump station, and well.

Garfield Well Replacement, Pasadena Water & Power
Project Engineer. Designed and provided construction management and observation services for the above-grade improvements on the abandoned Garfield well. Construction phase services included pre-construction, startup, testing, and construction meetings and conference calls, reviewing and responding to requests for information (RFIs), submittals, shop and record drawings, claim and change order management, maintenance of a master construction schedule, construction observation for safety compliance and routine needs, processing of progress payments, final job walk and project close out.

DCAP) Segment 1 Pipeline Inspection, Evaluation and
Rehabilitation, San Gabriel Valley Municipal Water District Senior Project Engineer. Prepared a condition assessment for Segment 1 for the DCAP. This segment included approximately 20,990 feet of a 30-inch diameter pipeline aligned from east to west across Glendora, California. The analysis concluded that the pipeline inspection and condition analysis

3.A.20.b
Packet Pg. 480 Attachment: Exhibit "A" - Civiltec Construction Management Services Proposal (Award of Contract to Civiltec Engineering for Construction STEVEN M. WALKER, PE

SENIOR PROJECT ENGINEER
Project Experience (Continued) | Page 2 of 2
corporation (PICA) had the best system for verifying the useful life of the bar wrapped concrete cylinder pipe.

Use of the PICA system required two new points of connection and three access manholes along the Segment 1 pipe alignment. Design was prepared for the three locations requiring these access manholes, bidding support was provided to secure contractors to provide permitting and traffic control and construction support and observation was provided during construction.

Wadsworth Well Groundwater Treatment Plant, Pasadena Water & Power Project Engineer. Designed and performed construction management/observation of three GAC vessel pairs in lead-lag configuration at the adjacent property to the site to decrease 1,2,3-Trichloropropane (TCP) to below reporting levels for three existing production wells. The treatment plant will have a treatment capacity of 3,000 gpm. Site improvements included a new access road, proper ingress and egress, new 50,000-gallon backwash tank, chloramination system, new gas generator and other ancillary equipment. A new 12-inch-tall block wall will be installed around the site for increased security and privacy along with underground process piping, drainage piping, catch basins and site lighting. Permitting included DDW and building and safety. An operation and maintenance plan was also created. Construction management included reporting and communication, conducting meetings, observing construction, processing progress payments, managing and reviewing claims and change orders, overseeing geotechnical testing and inspection, conducting the final job walk and closing out the project.

Miragrand Well Equipping, Three Valleys Municipal Water Project Engineer. Provided design, construction management and observation for drainage improvements, disinfection options, and electrical improvements at the Miragrand Well while maintaining architectural and natural features of surrounding residential area. Drainage improvements utilized infiltration basins to return well water to the Six Basins for recharge. The preliminary design report detailed the most convenient, costefficient location for the proposed well, appurtenant equipment, pipeline alignment and electrical conduits.

Plants 4, 27 and 19 Wellhead TCP Removal Treatment, Monte Vista Water District Project Engineer. Provided civil, electrical, structural, and mechanical engineering services, project management and project construction support for the installation of a 1,2,3- Trichloropropane (TCP) treatment system for Well 19 and a new treatment plant at Wells 4 and 27 in Montclair, California. Design at each of the sites incorporated the granular activated carbon (GAC) adsorption system provided by Aqueous Vets and the GAC equipment procured by the Monte Vista Water District. Deliverables included documents required for a drinking water permit from the California State Division of Drinking Water (DDW), documents for site civil work (including equipment mounting pad) and interconnect piping (including seismic calculations), documents for electrical connections and required upgrades to the existing equipment.

East Pasadena Well 8 Treatment and Blending, California American Water Project Engineer. Added treatment for TCP and blending for nitrate to Well 8 in East Pasadena, California and provided construction management services. The project included permitting for a new water lube pump, chemical storage, pumping, variable frequency drive and pressure interlock, piping from the well to the treatment site (crossing a private road), liquid GAC treatment for TCP on the eastern lot where a storm catch basin is located, and blending water for nitrate, which requires a new booster and a 2,700-foot transmission main to the treatment site. Treated and blended water will go to the western lot above-ground reservoir.

3.A.20.b
Packet Pg. 481 Attachment: Exhibit "A" - Civiltec Construction Management Services Proposal (Award of Contract to Civiltec Engineering for Construction

HAO LIU, EIT, PHD

SENIOR STAFF ENGINEER

PROFESSIONAL REGISTRATION
Engineer-in-Training No. 152555

EDUCATION
PhD, Civil Engineering, University of
California, Irvine, 2015
MBA, Westcliff University, 2015
M.S. Environmental Engineering,
University of California, Irvine, 2010
B.S. Water and Wastewater
Engineering, Tongji University, 2009

EXPERTISE
☒Civil Engineering
☐Drainage Engineering
☐Electrical Engineering
☐Transportation Engineering
☒Wastewater Engineering
☒Water Engineering
☐Survey
☐Construction Management
Dr. Liu has 8+ years (1+ with Civiltec) of experience in civil engineering design, which includes basis-of-design reports, hydrology/hydraulic reports, low impact development reports, stormwater pollution prevention plan (SWPPP) reports/manuals, reviewing as-builts, surveys, soil reports and title reports, developing plans for construction details and specifications, and coordinating with agencies and easement owners for permits and approvals. He also has hydrology research experience, university teaching experience and did his dissertation on “Frameworks for Assessing Error Heteroscedasticity of Satellite Precipitation and Extracting Spatiotemporal Variability from Precipitation Data.” He has been published in the Journal of Hydrometeorology and the Journal of Hydrology. Dr. Liu is a detail-oriented, problem-solving professional who strives for win-win solutions.

PROJECT EXPERIENCE
Bath Well Potable Water Treatment Plant, City of San Jacinto Staff Engineer. Developed plans, specifications, and estimates (PS&E) to replace and modernize the potable water treatment plant. This project will increase its treatment capacity to 2,500 gallons per minute (gpm) and provide minimum treatment levels of 200ug/L for iron and 200ug/L for manganese. Additional improvements included site improvements at the well site, piping configurations, chemical dosing equipment, backwash supply, backwash storage, backwash recovery pumps, a sewer connection, and treatment system improvements. The existing property will be improved with a new steel storage tank, reaction and treatment vessels, booster pump station, and well.

Design at each of the sites incorporated the granular activated carbon (GAC) adsorption system provided by Aqueous Vets and the GAC equipment procured by Monte Vista Water District. Deliverables included documents required for a drinking water permit from the California State Division of Drinking Water (DDW), documents for site civil work (including equipment mounting pad) and interconnect piping (including seismic calculations), documents for electrical connections and required upgrades to the existing equipment, and conceptualization of the necessary control logic.

East Pasadena Well 8 Treatment and Blending,
California American Water
Staff Engineer. Added treatment for TCP and blending for nitrate to Well 8 in East Pasadena, California and provided construction management

3.A.20.b
Packet Pg. 482 Attachment: Exhibit "A" - Civiltec Construction Management Services Proposal (Award of Contract to Civiltec Engineering for Construction

HAO LIU, EIT, PHD

SENIOR STAFF ENGINEER
Project Experience (Continued) | Page 2 of 2
services. The project included permitting for a new water lube pump, chemical storage, pumping, variable frequency drive and pressure interlock, piping from the well to the treatment site (crossing a private road), liquid GAC treatment for TCP on the eastern lot where a storm catch basin is located, and blending water for nitrate, which requires a new booster and a 2,700-foot transmission main to the treatment site. Treated and blended water will go to the western lot above-ground reservoir.

Grand Avenue Well Iron and Manganese Treatment Plant, City of San Jacinto Senior Staff Engineer. Provided plans, specifications and estimates (PS&E) and construction phase support services for the replacement and modernization of the Grand Well Site Potable Water Treatment Plant. This project increased treatment capacity from 2,000 gallons per minute (gpm) to 2,500 gpm and minimized treatment levels to 400ug/L for iron and 400ug/L for manganese. Design included new pumping, piping, instrumentation and electrical systems to convey water to the new treatment plant and backwash supply pump system; improved load capacity for motor control center; structural improvements to support treatment vessels, filter vessels (two tanks conceptualized) backwash water tank (one tank conceptualized), valve trees, piping manifolds, control panels, control panel shade structures, backwash supply pump, wash water rinse recovery pumps and air compressor; electrical power facilities for system operation; below and above grade piping manifolds and supports; paving, grading, and drainage improvements; demolition of outdated facilities; new liquid chemical system (sodium hypochlorite); and a new steel metal building to house the treatment vessels, electrical room, and new bathroom.

Miragrand Well Equipping, Three Valleys Municipal Water Staff Engineer. Provided design, construction management and observation for drainage improvements, disinfection options, and electrical improvements at the Miragrand Well while maintaining architectural and natural features of surrounding residential area. Drainage improvements utilized infiltration basins to return well water to the Six Basins for recharge. The preliminary design report detailed the most convenient, costefficient location for the proposed well, appurtenant equipment, pipeline alignment and electrical conduits.

Crownhaven Well Replacement and PFAS Treatment, California American Water Staff Engineer. Designed an on-site treatment removal system to meet regulatory requirements and update flow rate capacity for Crownhaven Well. First phase identified design criteria to provide a per- and polyfluoroalkyl substances ion exchange (PFAS IX) removal system, estimated the hydraulic system curve of the well with the integration of the PFAS treatment system and support equipment, evaluated pump replacement requirements to increase well capacity to 1,800 gpm, evaluated the feasibility of integrating a PFAS treatment system at the well site, determined upsizing requirements of the disinfection system to meet the increased well flow capacity, determined the required modifications to the electrical system, and provided preliminary layouts of the integration of PFAS removal equipment. Built upon existing plans (prepared by another consultant) to incorporate the PFAS IX removal system, designed a well pump to provide 1,800 gpm flow capacity, obtained permitting and provided construction administration. Also installed a discharge to waste pipeline, upgraded mechanical, electrical, and chemical feed system, and abandoned existing well.

3.A.20.b
Packet Pg. 483 Attachment: Exhibit "A" - Civiltec Construction Management Services Proposal (Award of Contract to Civiltec Engineering for Construction DANIEL W. KEESEY

CONSTRUCTION OBSERVER

EDUCATION
B.S. Urban Planning, California State
Polytechnic University, 1987
Certificate, Supervisory Management
Program, University of California
Riverside, 1990

EXPERTISE
☐Civil Engineering
☐Drainage Engineering
☐Electrical Engineering
☐Transportation Engineering
☒Wastewater Engineering
☒Water Engineering
☐Survey
☒Construction Management
Mr. Keesey recently joined Civiltec as an independent contractor. He has 39+ years of community development and public works experience. In the City of La Verne, he worked his way up from City Planner to City Manager/Director of Public Works over the course of 36 years. During that time, he managed design and construction for a 4 million-gallon-per-day (MGD) groundwater treatment plant for nitrate and perchlorate removal, a new 2.5 million-gallon (MG) reservoir, two booster pump stations, two new groundwater wells, various road improvement projects, and a new fueling station. As Director of Public Works, he directed and administered a public works department of 49 employees and 7 divisions, including water, sewer, street, refuse, building, parks, and fleet. He developed and administered an annual department budget of $21.2 million and a capital improvement program of $12.1 million (FY 19/20). He successfully obtained 100% state reimbursement for utility relocations necessitated by the state’s construction of Route 210, and he has plenty of experience coordinating with federal, state, and local agencies on water, environmental, and transportation issues. After retiring from the City of La Verne in 2021, Mr. Keesey became a consultant and now provides public works project management and inspection/observation services for various agencies.

PROJECT EXPERIENCE
Garfield Well Replacement, Pasadena Water & Power
Construction Observer. This project involved the installation of improvements to replace the well, which included a submersible pump and motor, control valves, meter, isolation valves, piping, motor control center, electrical equipment, conduit, and wiring. Provided on-site observation and documentation of all contemplated work including demolition. Ensured contractor compliance with plans and specifications. Coordinated communication between Pasadena staff, engineering team, and contractor.

Coordinated third party inspection services. Assisted contractor with resolving issues in the field.

DCAP) Segment 1 Pipeline Inspection, Evaluation and
Rehabilitation, San Gabriel Valley Municipal Water District Construction Observer. This project included the installation of a new 30- inch cement mortar coated (CMCL) “T” into an existing 30-inch CMCL pipeline and installation of a new precast doghouse manhole over the “T” with related excavation and shoring work. The project also included the internal bonding of jumper cables across approximately 460 unwelded joints. Provided on-site observation and documentation for installation of the new “T” and required traffic control per the plans and specifications.

Documented contractor’s progress on bonding phase of project and assisted contractor in resolving issues encountered.

3.A.20.b
Packet Pg. 484 Attachment: Exhibit "A" - Civiltec Construction Management Services Proposal (Award of Contract to Civiltec Engineering for Construction DANIEL W. KEESEY

CONSTRUCTION OBSERVER
Project Experience (Continued) | Page 2 of 2
San Dimas Hydro Butterfly Valve Replacement, San Gabriel Valley Municipal Water District Construction Observer. This project involved the removal of an existing 24-inch butterfly valve with actuator and replacement with new 24-inch butterfly valve with actuator. Provided on-site observation and documentation of the removal and installation of the valve and existing vault manhole lid, restoration of the adjoining pavement, valve leak test, and pressure testing.

Pedestrian Bridge Improvement, City of La Verne
Project Manager. Project support for a proposed 500-foot long pedestrian bridge across Arrow Highway and Metrolink tracks. Coordinate project design with the San Gabriel Valley Council of Governments (SGVCOG), consulting engineering/design team, and city staff. Obtained project approvals from responsible agencies, including the Federal Aviation Administration (FAA), California Public Utilities Commission (CPUC), Caltrans, and Metrolink. Supported funding applications and related work. This $17 million project has reached 95% design and La Verne continues to seek additional project funding.

Foothill Gold Line Light Rail, City of La Verne
Project Manager. The Foothill Gold Line Light Rail (FGL) is a 9.1 mile eastern extension of the existing commuter light rail line operated by Los Angeles Metro. Managed the project for potential impacts to La Verne facilities and infrastructure, including underground utilities. Reviewed and approved project plans for La Verne facilities, public works permits, traffic control plans, and public notifications. Coordinated activities with FGL staff, contractors, and La Verne staff. Inspected constructed facilities for La Verne improvements and compliance with FGL prepared plans.

Sewer Master Plan, City of La Verne
Consultant. Drafted several chapters of the La Verne Sewer Master Plan and provided support reviewing and commenting on all other chapters. The Sewer Master Plan included flow monitoring, a new sewer model that evaluated the current and future wastewater flow conditions, analysis of sewer collection current and future contentions, development and updates of relevant system maps, listing necessary improvements, and developing a capital improvement plan. Also assessed the risk imposed by the limited pipe crossings of the 210 freeway and railroads that bisect La Verne and master planned the system to meet the ultimate build-out conditions. The overall areas reviewed were specific areas serving portions of San Dimas, Pomona, and unincorporated Los Angeles County that discharge into the La Verne collection system. 1985 – March 2021 (Retired), City of La Verne
Assistant City Manager/Director of Public Works (Retired). From 1999 to 2021, Served as a key member of the La Verne executive management team provided direct involvement in managing several La Verne functions and programs. Major areas of responsibility included:
• Continue to provide leadership for all aspects of the public works department.

Also served as Director of Public Works from 1999-2021, Administrative Superintendent from 1989-199, Associate City Planner from 1988-1989 and Assistant City Planner from 1985-1988.

3.A.20.b
Packet Pg. 485 Attachment: Exhibit "A" - Civiltec Construction Management Services Proposal (Award of Contract to Civiltec Engineering for Construction

3.A.20.b
Packet Pg. 486 Attachment: Exhibit "A" - Civiltec Construction Management Services Proposal (Award of Contract to Civiltec Engineering for Construction Civil, Water, Wastewater, Drainage, Transportation and
Electrical/Controls Engineering ● Construction Management ● Surveying California ● Arizona
1440 N. Harbor Blvd., Suite 721, Fullerton, CA 92835 | P: 714.459.7957 April 14, 2024
City of San Jacinto | Public Utilities
595 South San Jacinto Avenue
San Jacinto, CA 92583
Subject: Proposal for Construction Management Services for Site Improvements and Construction of Bath Well Potable Water Treatment Plant Project # 22-005
Dear Selection Committee:

Civiltec engineering, inc. (Civiltec) proposes to provide the scope of services per our proposal dated April 14, 2024, for the above-mentioned project on time and materials not to exceed the following total budgets without prior authorization from the City of San Jacinto (San Jacinto).

Phase 1 - Construction Management....................................................................... $431,307.00 Phase 2 - Geotechnical Inspection Services .......................................................... $114,955.00 Phase 3 - Third Party Labor Compliance ..................................................................$31,572.10 Total Budget........................................................................................................ $577,834.10 The project budget worksheet is included as an attachment. San Jacinto is responsible for any permit or plan check fees. Feel free to contact me with any questions. We are available to discuss this proposal at your convenience. This cost proposal is valid for a period of 90 days.

Sincerely,
C. Shem Hawes, PE ([email protected])
Principal, Senior Engineer
CSH:cms
W:\Proposals\2023 Proposals\Fullerton\PF23074.00-San Jacinto-Bath Well CMO Services\Final Proposal\Civiltec San Jacinto Bath Well CM Services Fee Proposal.docx

3.A.20.c
Packet Pg. 487 Attachment: Exhibit "C" - Civiltec Construction Management Services Fee Proposal (Award of Contract to Civiltec Engineering for Construction Construction Management Services for Bath Well Potable Water Treatment Plant City of San JacintoProposal Number: PF23074T&M NTEApril 14, 2024 PIC PrEE SrPE SrD SrSE CAD CO
$ 225.00 265.00 $ 225.00 $ 195.00 $ 180.00 $ 125.00 $ 150.00 $ (x1.15) Phase 1 - Construction Management 132 112 102 60 472 32 1578 - $ 10,817.00 $ 431,307.00 $ Task 1 - Meetings and Coordination 30 20 20 100 450.00 $ 35,400.00 $ Task 2 - Report and Communication 60 70 50 260 89,700.00 $ Task 3 - Master Construction Schedule 4 16 3,940.00 $ Task 4 - Construction Observations 1578 9,867.00 $ 246,567.00 $ Task 5 - Progress Payment 6 24 5,910.00 $ Task 6 - Contractor’s Claims and Change Orders 16 6 8 32 13,150.00 $ Task 7 - Final Job Walk and Project Close Out 16 16 24 60 40 32 500.00 $ 36,640.00 $ Phase 2 - Geotechnical Inspection Services 0 0 0 0 0 0 0 $ - 114,955.00 $ 114,955.00 $ Task 1 - Pre-Construction Meeting/Project Review $ 1,430.60 1,430.60 $ Task 2 - Prevailing Wage (on-site) Field Testing and Special Inspection $ 92,232.30 92,232.30 $ Task 3 - Geotechnical and Materials Laboratory Testing (in-house) $ 8,343.10 8,343.10 $ Task 4 - Project Administration, Management and Final Report $ 12,949.00 12,949.00 $ Phase 3 - Third Party Labor Compliance 0 0 0 0 0 0 0 31, $ - 572.10 $ 31,572.10 $ Task 1 - Labor Compliance (assumes 14 month construction duration) $ 31,572.10 31,572.10 $ HOURS 132 112 102 60 472 32 1578 2488BUDGET 34,980.00 $ 25,200.00 $ 22,950.00 $ 11,700.00 $ 84,960.00 $ 4,000.00 $ 236,700.00 $ 146,527.10 $ 10,817.00 $ 577,834.10 $ TOTAL
COST Scope of Work
HOURS SubConst.

Srvc. Reimb.

Expenses
PIC = Principal Engineer (PE) SrE = Senior Engineer (PE) SrPM = Sr. Project ManagerPrEE = Principal Electrical Engr. (PE) PM = Project Manager SrPE = Sr. Project Engineer (PE)PE = Project Engineer (PE) SrD = Senior Designer SrSE = Sr. Staff Engineer (EIT)SE = Staff Engineer (EIT) D = Designer D/CAD = Designer/CAD OperatorCAD = CAD Operator JrE = Jr. Engineer (Intern) PT = Planning TechnicianAdmin = Admin. Asst./Clerical CO = Construction Observer SM = Survey Manager (PLS)2PS = Two Person Survey Crew SLS = Staff Land Surveyor (PLS) ST = Survey Technician PREPARED BY: CIVILTEC ENGINEERING, INC. PAGE 1 OF 1

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Attachment: Exhibit "C" - Civiltec Construction Management Services Fee Proposal (Award of Contract to May 7, 2024
TO: City Council
REQUESTED BY: Tara Magner, Executive Coordinator
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Approval of the Annexation of the Magnet Shopping Center to Eastern Municipal Water District for Wat
RECOMMENDATION:

Approve the proposal for the annexation of the Magnet Shopping Center from City Sewer and Water Services to Eastern Municipal Water District water and sewer services.

DISCUSSION
On September 14, 2023, Rich Development, a commercial and retailer developer, submitted an application proposing roughly 115,000 square feet of commercial/retail development to the southeast corner of State Street and Ramona Expressway (APN(s) 434-080-025 & 026). Upon examination by staff, it was concluded that the absence of substantial water mains in the proximity of the development would impose a significant strain on the water infrastructure for the city.

Additionally, the absence of sewer infrastructure nearby reasonably impedes any development from connecting to City sewer mains. The installation of necessary infrastructure would present prohibitive costs for both the City of San Jacinto and the developer. In an effort to alleviate substantial financial burdens on both the city and the developer, city staff reached out to Eastern Municipal Water District.

Eastern Municipal Water District possesses existing infrastructure directly adjacent to the property and is open to assuming responsibility for the service area. Collaborating with Eastern Municipal Water District not only ensures a dependable water supply for the project but also aligns with the City of San Jacinto’s long-term development objectives for these properties.

Therefore, this proposal seeks to facilitate Eastern Municipal Water District’s provision of essential water and sewer services to the Magnet Shopping Center properties by approving the annexation of APN(s) 434-080-025 & 026 from the City of San Jacinto’s water and sewer service to Eastern Municipal Water District’s service area and approve the City Manager to execute a letter on behalf of the City Council as authorized by the City Attorney.

FISCAL IMPACT
This action has no impact on the General Fund. Approving this application would authorize city staff, in collaboration with Eastern Municipal Water District and the Magnet Shopping Center’s developer, to petition the Local Agency Formation Commission (LAFCO) to modify the service

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boundary, transitioning from City services to Eastern Municipal Water District services.

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May 7, 2024
TO: City Council
REQUESTED BY: Travis Randel, Deputy City Manager, Development Services APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Ordinance No. 24-03 An Ordinance Adopting by Reference Title 6 of the RivCo Code of Ordinances
RECOMMENDATION:

Staff recommends that the City Council:

1. Determine that the adoption by reference in its entirety of Title 6 of the Riverside County Code of Ordinances into the San Jacinto Municipal Code as set forth in this Ordinance is exempt from environmental review under the California Environmental Quality Act (“CEQA”) (Pub. Res. Code, § 21000 et seq.) pursuant to State CEQA Guidelines (Cal.

Code Regs., tit. 14, § 15000 et seq.) sections 15061(b)(3) and 15378(b)(5) as it can be seen with certainty that the adoption of this Ordinance will not have a significant effect on the environment. Moreover, approval of the Ordinance merely constitutes an administrative activity of the City and is additionally exempt from CEQA on that basis. (State CEQA Guidelines, § 15378(b)(5).)

2. Introduce and conduct the first reading of Ordinance No. 24-03 entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO ADOPTING BY REFERENCE TITLE 6, ANIMALS, OF THE
RIVERSIDE COUNTY CODE OF ORDINANCES AS THE CITY’S

ANIMAL CONTROL ORDINANCE, REPEALING AND AMENDING
TITLE 6, ANIMALS, OF THE SAN JACINTO MUNICIPAL CODE
DISCUSSION:

On January 1, 2024, the City and the County of Riverside entered into an agreement for the provision of animal control field and shelter services (the “Agreement”).

Pursuant to the Agreement, the City is required to adopt by reference, County of Riverside Ordinance Nos. 534 and 630, which are codified as Riverside County Code of Ordinances Title 6 – Animals, for the purposes of ensuring both consistency and efficiency in the enforcement of all laws, ordinances, and regulations pertaining to animal control.

This Ordinance does, among other things, the following:
• Repeals Chapters 6.04, 6.08, 6.12, 6.20, 6.24, 6.28, 6.32, and 6.36 of Title 6 (Animals) of the San Jacinto Municipal Code.

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• Chapter 6.16 City Shelters of the San Jacinto Municipal Code will remain in place. • Title 6, Animals, of the Riverside County Code, as amended and in effect on May 7, 2024, is adopted by reference as the “Animal Control Ordinance” of the City of San Jacinto subject to certain amendments.
• The amendments address animal care, bees and pigeons, and animal performance, items the San Jacinto Municipal Code currently addresses but are not addressed in the Riverside County Code
ENVIRONMENTAL ANALYSIS:

The adoption by reference in its entirety of Title 6 of the Riverside County Code of Ordinances into the San Jacinto Municipal Code as set forth in this Ordinance is exempt from environmental review under the California Environmental Quality Act (“CEQA”) (Pub. Res. Code, § 21000 et seq.) pursuant to State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) sections 15061(b)(3) and 15378(b)(5). An activity is subject to CEQA only if that activity has “the potential for causing a significant effect on the environment.” (State CEQA Guidelines, § 15061(b)(3).) An activity is thus exempt from CEQA “[w]here it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” (Ibid.) Here, the adoption by reference in its entirety of Title 6 of the Riverside County Code of Ordinances into the San Jacinto Municipal Code as set forth in this Ordinance does not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment. (State CEQA Guidelines, § 15061(b)(3).) Moreover, approval of the Ordinance merely constitutes an administrative activity of the City and is additionally exempt from CEQA on that basis. (State CEQA Guidelines, § 15378(b)(5).) FISCAL IMPACT:

There is no impact to the General Fund by adopting this Ordinance.

ATTACHMENTS:

Ordinance No. 24-03

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Ordinance No. 24-03

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San Jacinto City CouncilMay 7, 2024

San Jacinto City Council
May 7, 2024