San Clemente City Council
April 19, 2022

Agenda
APRIL 19, 2022 REGULAR CITY COUNCIL MEETING AGENDA.PDF
Meeting Materials
4A(1) - ADJOURNED COUNCIL MINUTES 4-5-22.PDF
4A(2) - ADJOURNED COUNCIL MINUTES 4-12-22.PDF
4C(1) - WARRANT REGISTER 4-8-22.PDF
4C(2) - WARRANT REGISTER 4-15-22.PDF
4D(1) - ORDINANCE NO. 1728.PDF
4D(2) - ORDINANCE NO. 1729.PDF
4F(1) - APPROVAL OF LEASE AGREEMENTS FOR CONCESSION
OPERATIONS AT THE NORTH BEACH DEPOT BUILDING.PDF
4G(1) - DESIGNATION OF LEGAL FEES.PDF
5A(1) - SCHEDULING OF MEETINGS TO INTERVIEW AND APPOINT INDIVIDUALS TO SERVE ON VARIOUS CITY COMMISSION.PDF
9A - CONSIDERATION OF TILE MURAL INSTALLATION DONATED AND LOCATED IN COURTNEYS SANDCASTLE PLAYGROUNGS.PDF

1. Documents:

2. Documents:

CITY OF SAN CLEMENTE

REGULAR CITY COUNCIL

MEETING AGENDA
San Clemente Community Center Auditorium April 19, 2022 100 N. Calle Seville 5:00 p.m. – Business Meeting I
San Clemente, California 6:00 p.m. – Closed Session
www.san-clemente.org 7:00 p.m. – Business Meeting II
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.

RULES FOR ADDRESSING COUNCIL
• Members of the public may address the City Council on matters within the jurisdiction of the City of San Clemente.
• If you wish to address Council, please complete one of the blue speaker cards located at the entrance to the Community Center Auditorium and turn it in to the City Clerk or Deputy City Clerk. • Persons wishing to address Council concerning an agendized item will be invited to address Council during the time that Council is considering that particular agenda item. Persons wishing to address Council concerning a non-agendized issue will be invited to address Council during the “Oral Communications” portion of the meeting. • When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Please limit your presentation to three minutes.

Regular City Council Meeting Agenda of April 19, 2022 Page 2 BUSINESS MEETING PART 1 (5:00 P.M.)

CALL TO ORDER
INVOCATION – Associate Pastor Jared Powell, Heritage Christian Fellowship

PLEDGE OF ALLEGIANCE

ROLL CALL

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

2. Consideration of agendizing items requiring immediate action. Any items agendized will be considered under New Business, unless otherwise determined by a majority vote of the City Council.

3. Oral Communications (30 Minutes). Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. Speakers may address Council once during Oral Communications, with each speaker being allotted 3 minutes in which to give his or her presentation. Speaker order is determined by the order in which speaker cards are provided to the City Clerk or Deputy City Clerk at the meeting.

When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Subject to very limited exceptions, Council is not permitted to discuss or take action on items that do not appear on the agenda.

4. Consent Calendar. All items listed on the Consent Calendar are considered to be routine and will be enacted by one motion without discussion unless Council, Staff, or the public requests removal of an item for separate discussion and action.

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

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

Regular City Council Meeting Agenda of April 19, 2022 Page 3 A. City Council Minutes
Staff Recommendation
(1) Approve the minutes of the Adjourned Regular City Council meeting of April 5, 2022.
(2) Approve the minutes of the Adjourned Regular City Council meeting of April 12, 2022.

B. Commission/Committee Minutes
None.

C. Warrant Register
Approve Wire Transfer Nos.
2625 through 2630 and Warrant Nos.
580019 through 580148, paid on
4-8-22, in the amount of…….……….……..…..…….…..……..$ 3,380,884.13 Approve Wire Transfer Nos.
2631 through 2632 and Warrant Nos.
580149 through 580290, paid on
4-15-22, in the amount of…….……….……..…..…….…..……..$ 909,802.18 TOTAL WARRANT REGISTER……..………...$ 4,290,686.31
Payroll Register

Automatic Deposit Advises 77567
through 77826, for the period
3-21-22 through 4-3-22, paid
on 4-8-22, in the amount of………..……..…..………….………$ 423,664.46 TOTAL PAYROLL REGISTER………………………………….$ 423,664.46
D. Second Reading and Adoption of Ordinances
(1) Ordinance No. 1728 (Second Reading) – Solid Waste Management Pages 4D(1)-1 through 4D(1)-31
Staff Recommendation
Adopt Ordinance No. 1728 entitled AN ORDINANCE OF THE CITY

COUNCIL OF CITY OF SAN CLEMENTE, CALIFORNIA AMENDING
CHAPTER 8.28 OF TITLE 8 OF THE SAN CLEMENTE MUNICIPAL

CODE RELATING TO SOLID WASTE MANAGEMENT AND
REPEALING CHAPTER 8.68 OF TITLE 8 OF THE SAN CLEMENTE
Regular City Council Meeting Agenda of April 19, 2022 Page 4

MUNICIPAL CODE RELATING TO SOLID WASTE REDUCTION AND
RECYCLING.
(2) Ordinance No. 1729 (Second Reading) – Minimum Staffing for Fire Emergency Response Vehicles Pages 4D(2)-1 through 4D(2)-5 Staff Recommendation
Adopt Ordinance No. 1729 entitled AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADDING CHAPTER 8.14 TO THE SAN CLEMENTE MUNICIPAL CODE

REGARDING MINIMUM STAFFING FOR FIRE EMERGENCY

RESPONSE VEHICLES AND FINDING THE ORDINANCE NOT
SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

E. Resolutions
None.

F. Contracts and Agreements
(1) Lease Agreements for Concession Operations at the North Beach Depot Building Pages 6F-1 through 6F-45
Staff Recommendation
Approve, and authorize the Mayor to execute, a Lease Agreement (Contract No. C22-22) by and between the City of San Clemente and Bicycles San Clemente to operate business out of the North Beach Depot building, for a 5-year term ending April 30, 2027.

G. Miscellaneous
(1) Designation of Legal Fees Pages 4G(1)-1 through 4G(1)-2 Staff Recommendation

1. Approve the estimated legal costs for the matter Laura Ferguson v. City of San Clemente (Writ of Mandate).

2. Approve a supplemental appropriation from the General Fund’s Unassigned Fund Balance in the amount of
$128,000 to Other Legal Services, Account No. 001-203-
43635-000-00000.

Regular City Council Meeting Agenda of April 19, 2022 Page 5

5. Reports.

A. Commissions and Committees
(1) Scheduling of Meetings to Interview and Appoint Individuals to Serve on Various City Commissions and Committees Pages
5A(1) through 5A(5)
Staff Recommendation

1. Authorize the Legislative Administrator to advertise to fill 19 vacancies on the Planning Commission, Golf Course
Committee, Beaches, Parks and Recreation Commission,
Human Affairs Committee, and Investment Advisory
Committee. All positions are for two-year terms to expire June 30, 2024.

2. Authorize the Legislative Administrator to advertise to fill 1 vacancy on the Planning Commission for a one-year term to expire June 30, 2023, to fill the position of Hannah Tyler who recently resigned.

3. Establish two meeting dates in June 2022 to interview and appoint individuals to fill the upcoming vacancies.

B. City Manager
C. City Attorney
D. Council Members
E. Council Subcommittee Updates
CLOSED SESSION (6:00 P.M.)
A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Existing litigation pursuant to Government Code section 54956.9(d)(1) Number of Cases: 2
Case Name: City of San Clemente v. Foothill/Eastern Transportation Corridor Agency and County of Orange
Case Number: OCSC 30-2017-00934703-CU-PT-CXC
Case Name: Housing is a Human Right v. the County of Orange and City of San Clemente
Case Number: 30-2019-01098573-CU-WM-CJC
Closed Session continued on following page
Regular City Council Meeting Agenda of April 19, 2022 Page 6

2. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2)
Number of potential cases: 1
BUSINESS MEETING PART 2 (7:00 P.M.)

6. Closed Session Report - City Attorney.

7. Special Presentations.

A. HOV Lane Improvements on the I-5 Freeway

Presentation by Josue Vaglienty and Fernando Chavarria of the Orange County Transportation Authority (OCTA) regarding an overview of the proposed Interstate 5 improvements between the San Diego County line and Avenida Pico.

B. Doheny Ocean Desalination Project Overview (Agendized at the March 1, 2022 City Council Meeting by Councilmember Knoblock, with support of Mayor Pro Tem Duncan and Mayor James)
Presentation by Rick Shintaku, South Coast Water District, concerning an overview of the Doheny Ocean Desalination Project.

C. Update on Homeless Issue (March Update)
D. Employee Service Awards

Presentation by City Manager Sund recognizing Jason Anderson as the 2021 Employee of the Year and Jonathan Lightfoot as the 2021 Core Values Award Recipients.

8. Public Hearings. The Public Hearing process includes a staff presentation, a presentation by the applicant not to exceed ten (10) minutes, and public testimony (not to exceed three minutes per speaker). Following closure of the Public Hearing, the City Council will respond to questions raised during the hearing, discuss the issues, and act upon the matter by motion.

None.

Regular City Council Meeting Agenda of April 19, 2022 Page 7

9. Unfinished Business.

A. Consideration of a Tile Mural installation in Courtney’s SandCastle Playground Pages 9A-1 through 9A-5
Report from the Beaches, Parks, and Recreation Director concerning the placement of a tile mural at Courtney’s SandCastle.

Staff Recommendation
Approve the installation of a tile mural in Courtney’s SandCastle Playground Sensory Garden and that the tile mural display be entered into the same guidelines consistent with the Public art in Public Places/C.A.R.E Program.

10. New Business.

A. Redactions of Public Comments on the City Website (Agendized unanimously at the April 5, 2022 City Council Meeting.)

11. Reports (continued from Business Meeting Part 1).

A. Commissions and Committees
B. City Manager
C. City Attorney
D. Council Members
E. Council Subcommittee Updates

12. Adjournment.

The next Regular Council Meeting is scheduled to take place on May 3, 2022. Part 1 of the Regular Business Meeting will commence at 5:00 p.m. and Closed Session will begin at 6:00 p.m. Part 2 of the Business Meeting will commence at 7:00 p.m.

The meeting will take place in the Community Center Auditorium, located at 100 N. Calle Seville, San Clemente.

Items to be Considered at a Future Meeting

Agenda Item Tentative Meeting Date
Outlets Conditional Use Permit May 3, 2022
Bike Repair Ordinance May 3, 2022
Permit Streamlining May 3, 2022

Regular City Council Meeting Agenda of April 19, 2022 Page 8

CITY COUNCIL MEETING PROCEDURES

PRESENTATION OF WRITTEN MATERIALS TO COUNCIL
In order to ensure that Councilmembers have adequate time to consider written materials concerning agenda items, it is strongly recommended that such materials be submitted to the City Clerk by noon the date preceding the Council meeting.

MEETINGS RECORDED AND TELEVISED
City Council meetings are broadcast live and are replayed periodically on Cox Communications Local Access Channel 854. Meetings are also available for live-stream or post meeting viewing from the City’s website. Meetings are also recorded via audio CD and/or DVD and retained as a City record in accordance with the City’s records retention schedule.

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

LENGTH OF MEETINGS
At 11:00 p.m., the City Council will determine which of the remaining agenda items can be considered and acted upon at this meeting and will continue all other agenda items to a future meeting.

AMERICANS WITH DISABILITIES ACT
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (949) 361-8200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting.

COMMUNICATION DEVICES
To minimize meeting distractions and sound system interference, please be sure all personal communication devices are turned off or on silent mode.

MEETING SCHEDULE
Regular Council Meetings are held on the first and third Tuesdays of each month in the Community Center Auditorium, located at 100 North Calle Seville, San Clemente. Part 1 of the Business Meeting will begin at 5:00 p.m. and Closed Session begins at 6:00 p.m. Part 2 of the Business Meeting will commence at 7:00 p.m. Additional meetings of the City Council may be called as needed.

AGENDAS, ADMINISTRATIVE REPORTS AND SUPPLEMENTAL WRITTEN MATERIALS Agendas and Administrative Reports are available for review and/or copying at the City Clerk’s Department as soon as agendas are posted (a minimum of 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting).

Agendas and Administrative Reports can also be viewed at the San Clemente Library, located at 242 Avenida Del Mar, or by accessing the City’s website at www.san-clemente.org. An “Inspection Copy” of agenda materials is also located at the entrance to the Community Center during meetings for public review. All written material distributed to a majority of the Council after the original agenda packet was distributed is available for public inspection in the City Clerk’s Department, located at 910 Calle Negocio, San Clemente, during normal business hours.

The City Clerk’s Department offers an agenda packet subscription service free of charge. If you wish to receive email copies of City Council agendas, which include hyperlinks to staff reports and other back-up material, register at http://san-clemente.org/enotification.
4-19-22 I 4A(l)

CITY OF SAN CLEMENTE
City Council Minutes
Adjourned Regular Meeting - April 5, 2022
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

An Adjourned Regular Meeting of the San Clemente City Council was called to order by Mayor James on April 5, 2022 at 4:00 p.m. in the San Clemente Community Center Auditorium, located at 100 N. Calle Seville, San Clemente.

PRESENT
ABSENT

DUNCAN,FERGUSON,KNOBLOCK,WARD,MAYORJAMES
NONE
STAFF PRESENT Erik Sund, City Manager; Scott Smith, City Attorney; Joanne Baade, City Clerk; Megan Jimenez, Deputy City Clerk
* * *
Long Term Financial Plan
A. FY 2021-22 2nd Quarter Financial Update
Financial Services Officer Rahn presented the City's FY 2021-22 2nd quarter financial update and responded to Council inquiries.

B. Long Term Financial Plan Presentation
Financial Services Officer Rahn narrated a PowerPoint presentation entitled "Long Term Financial Plan 2022" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Brad Malamud offered suggestions to finance the pension liability.

City Financial Reporting Overview

MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY MAYOR PRO TEM DUNCAN, CARRIED 5-0, to table the creation of an endowment.

Financial Trend Analysis
None.
4-19-22 I 4A(1)-1
City Council Minutes -Adjourned Regular City Council Meeting of April 5, 2022 Page 2 Financial Forecast
Robin Sturdivant, of Hdl, narrated a PowerPoint for Council consideration on sales tax initiatives in sectors with the greatest growth potential. The areas indicated with the largest potential for growth were in the auto and transportation sector with an emphasis on electric vehicles and manufacturers and the food and drug sector with an emphasis on cannabis sales. A hard copy of Ms. Sturdivant's presentation is on file with the City Clerk
Mayor Pro Tern Duncan, with support of Councilmember Knoblock and Councilmember Ward, directed staff to return to Council with an overview on electric vehicle sales as it relates to economic development in the City, including possible sites, and clarification on whether or not the City would receive the sales tax revenue for those sites.

Mayor Pro Tern Duncan, with support of Councilmember Ward, agendized for discussion the data and interest of cannabis sales in the City.

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY COUNCILMEMBER WARD, CARRIED 5-0, to:

1. Direct Staff to increase the annual Capital Improvement Project - Maintenance Project amount of $250,000 to $300,000, depending on the availability of General Fund operating position.

2. Utilize American Rescue Plan grants to fund $800,000 for public safety. This amount will fund portions of the Police Services Contract attributable to body cameras, the Orange County Fire Authority Contract for the additional cost of a 4th firefighter/paramedic and to fund a portion of the Community Outreach Worker position for the purpose of performing street outreach and case management to individuals and families who are experiencing homelessness within the City of San Clemente.

Reserve Analysis

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 5-0, to:

1. Transfer an annual amount of $400,000 from the General Fund to the Facilities Maintenance reserve in FY 2022-23.

2. Transfer a one-time amount of $1.5 million from the Water Operating Reserve in FY 2022-23 to the Water Depreciation Reserve to fund future capital replacement in the Water Depreciation Reserve.

3. Transfer a one-time amount of $100,000 in FY 2022-23 to fund the Accrued Leave Reserve.

Fiscal Policy
None.
4-19-22 I 4A( 1 )-2
City Council Minutes -Adjourned Regular City Council Meeting of April 5, 2022 Page3 Pension Update
Councilmember Ferguson, with support of Councilmember Knoblock and Mayor James, agendized for consideration at the budget workshop, the possibility of utilizing the following strategies to fund the pension liability:

1. Excess property tax revenue.

2. 2/3 excess revenue of the parking meters.

3. 1 % of the annual budget funds.

4. Salary savings from vacant positions and evaluate staffing needs.

MOTION BY COUNCILMEMBER WARD, SECOND MY MAYOR PRO TEM
DUNCAN, CARRIED 4-1 (COUNCILMEMBER FERGUSON VOTING NOE), to:

1. Authorize staff to contract with Chandler Asset Management to update the existing City of San Clemente Pension Investment Policy (Policy # 202-2). This item will be agendized for City Council consideration at a future date.

2. Direct Staff to continue to pursue the creation of the Section 115 plan and to request funding for the trust when land sale proceeds become available or when one-time resources are available.

MEETING RECESSED
MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER WARD, CARRIED 5- 0, to recess at 5:51 p.m.

REGULAR BUSINESS MEETING CONVENED
The Regular Business Meeting convened at 6:07 p.m., with all Councilmembers present.

INVOCATION
Pastor Mark Ambrose with Pacific Co.ast Church gave the invocation.

PLEDGE OF ALLEGIANCE
Brenda Wells of the i-5 Freedom Network led the Pledge of Allegiance.

1. SPECIAL PRESENTATIONS
A Update on Homeless Issue (March Update to be provided at the April 19, 2022 meeting) •
Mayor James presented photos of encampments at San Clemente State Park and requested the City Manager and OCFA Chief Capobianco contact the 4-19-22 I 4A(1 )-3
City Council Minutes -Adjourned Regular City Council Meeting of April 5, 2022 Page4

2. Director of State Parks and local state legislators to get the area cleared of hazards. A hard copy of Mayor James' photos are on file with the City Clerk.

ORAL COMMUNICATIONS (PART 1)
Redaction of Public Comments on the City's Website
. Martina (no last name provided) communicated her concern about private information on the City's website.

Amanda Quintanilla communicated her concern about private information on the City's website.

Brad Malamud commented on his concern about private information on the City's website.

San Clemente Hospital
Warren Vidrine, San Clemente, commented on the need for a hospital in San Clemente.

Sober Living Homes
John Kiehl, San Clemente, discussed opportunities to improve how sober living homes are managed. •
San Gorgonio Park
Ruth (no last name provided). San Clemente, pres~nted a PowerPoint Slide on reservations at San Gorgonio Park and safety on Via San Gorgonio. A hard copy of the presentation is on file with the City Clerk.

Fire Risk in San Clemente
Mike (no last name provided), San Clemente, discussed the fire zones iii San Clemente and the risks to the City.

Human Trafficking
Brenda Wells, Board Member, i-5 Freedom Network, commer)ted on the action of the Public Safety Committee and human trafficking in San Clemente. 4-19-22 I 4A(1 )-4
City Council Minutes -Adjourned Regular City Council Meeting of April 5, 2022 Page 5.

Trolley Service
Mikii Rathman, San Clemente, commented on the potential of utilizing the fees collected from the outdoor dining program to fund a trolley line expansion in south San Clemente.

3. WAIVER TO READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY COUNCILMEMBER WARD, CARRIED 5-0, to waive reading in full of all Resolutions and Ordinances.

4. CONSIDERATION OF AGENDIZING ITEMS REQUIRING IMMEDIATE ACTION None.

5. CLOSED SESSION REPORT - CITY ATTORNEY
None.

6. CONSENT CALENDAR

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY COUNCILMEMBER WARD, CARRIED 5-0, to approve the Consent Calendar, with the removal of Items 6A, 6E, 6H, 61, 6K, 6L, 6M, 6N and 60.

B. Commission/Committee Minutes

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER KNOBLOCK, CARRIED 5-0, to receive and file the following:
(1) Minutes of the Regular Public Safety Committee meeting of August 24, 2021.
(2) Minutes of the Regular Public Safety Committee meeting of September 28, 2021.
(3) Minutes of the Regular Public Safety Committee meeting of October 26, 2021.

Motion continued on following page
4-19-22 I 4A( 1 )-5
City Council Minutes -Adjourned Regular City Council Meeting of April 5, 2022 Page 6 (4) Minutes of the Regular Public Safety Committee meeting of November 23, 2021
(5) Minutes of the Regular Public Safety Committee meeting of January 25, 2022 .•
C. Warrant Register

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER KNOBLOCK, CARRIED 5-0, to:

Approve Wire Transfer Nos.
2617 through 2618 and Warrant Nos.
579568 through 579729, paid on
3-18-22, in the amount of .................... : ............................. $1,387,045.01 ·Approve Wire Transfer Nos.
2619 through 2622 and Warrant Nos.
579730 through 579859, paid on
3-25-22, in the amount of.. ................................................ $1,071,766.05 Approve Wire Transfer Nos.
2623 through 2624 and Warrant Nos.
579860 through 580018, paid on
4-1-22, in the amount of ..................... : ............................ $ 1,100,199.22 : TOTAL WARRANT REGISTER ............... $ 3,559,010.28 Payroll Register
MOTION BY "MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER KNOBLOCK, CARRIED 5-0, to:

Approve Warrant No. 861,
Automatic Deposit Advises 77318
through 77566·, for the period
3-7-22 through 3-20-22, paict •
on 3-25-22, in the amount of.. ................................... : ........ $ 418,574.59 TOTAL PAYROLL REGISTER .............. $ 418,574.59
4-19-22 I 4A( 1 )-6
City Council Minutes -Adjourned Regular City Council Meeting of April 5, 2022 Page 7 D. Resolution Affirming the City's Position on the Storage.of Spent Nuclear Fuel at San Onofre Nuclear Generating Station (SONGS) (Agendized at the Marth 1, 2022 City Council Meeting by Mayor Pro Tern Duncan, with the support of Mayor James and Councilmember Ward.)

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER KNOBLOCK, CARRIED 5-0, to adopt Resolution No. 22-11 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AFFIRMING THAT THE CITY OF SAN

CLEMENTE DOES NOT CONSENT TO THE STORAGE OF SPENT

NUCLEAR FUEL AT THE SAN ONOFRE NUCLEAR GENERATING
STATION OR IN THE CITY OF SAN CLEMENTE.

F. Notice of Completion - FY2020 Major Street Maintenance. FY 2021 Slurry Seal Program. FY 2022 Arterial Street Pavement Maintenance Program. and FY 2022 Pavement Preservation Program
MOTION BY • MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER KNOBLOCK, CARRIED 5-0, to:

1. Accept the FY 2020 Major Street Maintenance, FY 2021 Slurry Seal Program, FY 2022 Arterial Street Pavement Maintenance Program, and FY 2022 Pavement Preservation Program, from the contractor, All American Asphalt, Project Nos. 20305, 21303, 12302 and 22304.

2. Authorize the Public Works Director/City Engineer to execute and record, the Notice of Completion for FY 2020 Major Street Maintenance, FY 2021 Slurry Seal Program, FY 2022 Arterial Street Pavement Maintenance Program, and FY 2022 Pavement
Preservation Program.

3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the contractor, All American Asphalt. •

4. Authorize the City Clerk to release the Performance Bond upon receipt of a Warranty Bond in the amount of 25% of the construction cost.

G. Notice of Completion - Building "N" Repairs and Upgrades

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER KNOBLOCK, CARRIED 5-0, to: ,
Motion continued on following page
4-19-22 / 4A(1)-7
City Council Minutes -Adjourned Regular City Council Meeting of April 5, 2022 Page 8

1. Accept the Building "N" Repairs and Upgrades from the contractor, Thomas Solar Energy, Project Nos. 21206 and 21406.

2. Authorize the Public Works Director/City Engineer to execute and record, the Notice .of Completion for Building "N" Repairs and Upgrades.

3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the contractor, Thomas·Solar Energy.

J. Contract Award - Ratification of Emergency Purchases and Contract for Cyprus Shores Pump Station Relocation

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER KNOBLOCK, CARRIED 5-0, to:

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

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

3. Approve a supplemental appropriation in the amount of $2,534,570 to Account No. 054-477-45300-000-12210 from the Sewer
Connection Fee Reserve for Cyprus Shore Pump Station Relocation, Project No. 12210.

4. Approve a supplemental appropriation in the amount of $40,000 to Account No. 059-553-45300-000-12004 from the Storm Drain Fund Depreciation Reserve for Cyprus Shore Storm Drain Emergency Relocation, Project No. 12004.

5. Ratify a Construction Contract with O'Connell Engineering and Construction, Inc.· in the amount of $1,974,950 for Cyprus Shore Pump Station Relocation, Project No. 12210.

Motion continued on following page
4-19-22 I 4A( 1 )-8
City Council Minutes -Adjourned Regular City Council Meeting of April 5, 2022 Page9

6. Ratify a Change Order with O'Connell Engineering and Construction, Inc. on a time and materials basis for $59,000 for Cyprus Shore Storm Drain Emergency Relocation, Project No. 12004. (Contract No. 21-42).

7. Approve, and authorize ttie City Manager to execute, Amendment No. 1 to Contract C21-43, by and between the City of San Clemente and AKM Consulting Engineers. This Amendment increases the contract amount from $98,464 to $175,622 (an increase of $77,158), and extends the term of the contract to January 31, 2023.

ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION
6A. City Council Minutes
Martina (no last name provided). commented that Mayor James and Mayor Pro Tern Duncan's names should be included in her comments in the Oral Communications section of the minutes from March 15, 2022.

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, to approve the minutes of the Regular City Council meeting of March 15, 2022. . •

SUBSTITUE MOTION BY COUNCILMEMBER FERGUSON, SECOND BY
COUNCILMEMBER KNOBLOCK, CARRIED 4-1 (COUNCILMEMBER
WARD VOTING NOE), to amend the minutes of the Regular City Council Meeting of March 15, 2022 approve the minutes of the Regular City Council Meeting of March 15, 2022 as amended to include the following summarization of Martina's Oral Presentation:

Martina (no last name provided) narrated a PowerPoint displaying Mayor James wearing the Legion of Merit Medal, even though he allegedly claimed he had never worn the Legion of Merit Medal; voiced concern with Mayor Pro Tern Duncan apparently enabling Mayor James' behavior. A hard copy of the presentation is on file with the City Clerk.
6E. Contract Award - As-Needed Municipal Utilities and Civil Engineering Design and Construction Support Services
Following discussion, MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY MAYOR JAMES, CARRIED 5-0, to:

1. Amend the term of the contract to three years, and approve, and authorize the Public Works Director/City Engineer to execute, Motion continued on following page
4-19-22 I 4A( 1 )-9
City Council Minutes -Adjourned Regular City Council Meeting of April 5, 2022 Page 10 Contract No. C22-11, by and between the City of San Clemente and PACE, providing for As-Needed Municipal Utilities and Civil Engineering Design ~md Construction Support Services with the understanding that any future contract extensions are to be agendized for Council consideration.

2. Amend the term of the contract to three years, and approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-12, by and between the City of San Clemente and AKM Consulting Group, providing for As-Needed Municipal Utilities and Civil Engineering Design and Construction Support Services with the understanding that any future contract extensions are to be agendized for Council consideration.

3. Amend the term of the contract to three years, and approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-13, by and between the City of San Clemente and Lee & Ro, providing for As-Needed Municipal Utilities and Civil Engineering Design and Construction Support Services with the understanding that any future contract extensions are to be agendized for Council consideration.
i

4. Amend the term of the contract to three years, and approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-14, by and between the City of San Clemente and Dudek, providing for As-Needed Municipal Utilities and Civil Engineering Design and Construction Support Services with the understanding that any future contract extensions are to be agendized for Council consideration.

5. Amend the term of the contract to three years, and approve, and authorize the Public Works Director/City Engineer to sign and execute, Contract No. C22-15, by and between the City of San Clemente and Hoch Consulting, providing for As-Needed Municipal Utilities and Civil Engineering Design and Construction Support Services with the understanding that any future contract extensions are to be agendized for Council consideration.

6. Amend the term of the contract to three years, and approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-16, by and between the City of San Clemente and Project Partners, providing for As-Needed Municipal Utilities and Civil Engineering Design and Construction Support Services with the understanding that any future contract extensions are to be agendized for Council consideration.

Motion continued on following page
4-19-22 / 4A(1)-10
City Council Minutes -Adjourned Regular City Council Meeting of April 5, 2022 Page 11

7. Amend the term of the contract to three years, and approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-17, by and between the City of San Clemente and PDM Consulting, providing for As-Needed Municipal Utilities and Civil Engineering Design and Construction Support Services with the understanding that any future contract extensions are to be agendized for Council consideration.

8. Amend the term of the contract to three years, and approve, and authorize the Public Works Director/City Engineer to execute, AsNeeded Municipal Utilities and Civil Engineering Design and Construction Support Services task authorizations under the approved master agreements, not to exceed $300,000 total per fiscal year for each consultant agreement, and provided funds are available in prior City Council approved project budgets with the understanding that any future contract extensions are to be agendized for Council consideration.

H. Contract Award - Environmental On-Call Services - Hazardous Waste Response, Cleanup, Removal, and Disposal
Following discussion, MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY MAYOR JAMES, CARRIED 5-0, to amend the term of the contract to three years, and approve, and authorize the City Manager to execute, Contract No. C22-18 by and between the City of San Clemente and Ocean Blue Environmental providing for On-Call Services for a three year period, for Hazardous Waste Response, Cleanup, Removal, and Disposal in the amount of $75,000, with the understanding that any future contract extensions are to be agendized for Council consideration.

I. Contract Amendment - Geotechnical Design Services Related to Slope Rehabilitation Adiacent to Linda Lane Pump Station
_MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY MAYOR
JAMES, CARRIED 5-0, to approve and authorize. the City Manager to execute, Amendment No. 2 to Contract C20-61, by and between the City of San Clemente and Peter and Associates, providing for geotechnical services for Slope Rehabilitation adjacent to Linda Lane Pump Station. This Amendment increases the contract from $155,111 to an amount not to exceed $242,000 (an increase of $87,000) with the removal of a completion deadline.
4-19-22 I 4A( 1 )-11
City Council Minutes - Adjourned Regular City Council Meeting of April 5, 2022 Page 12 K. Contract Award - On-Call Communications, Graphic Design and Public Relations
Amanda Quintanilla expressed her concerns on the potential approval of the contracts.

MOTION BY COUNCILMEMBER WARD, SECOND MY MAYOR PRO TEM
DUNCAN, CARRIED 3-2 (COUNCILMEMBER FERGUSON AND
COUNCILMEMBER KNOBLOCK VOTING NOE), to:

1. Approve, and authorize the City Manager to execute, Contract No.

C22-19, by and between the City of San Clemente and MIG, Inc. providing for on-call communications, graphic design, and public relations services, in the amount of $49,000 and authorize the City Manager to approve one additional one-year term and additional expenditure of $49,000.

2. Approve, and authorize the City Manager to execute, Contract No.

C22-20, by and between the City of San Clemente and Tripepi Smith, providing for on-call communications, graphic design, and public relations services, in the amount of $75,000 and authorize the City Manager to approve one additional one-year term and additional expenditure of $75,000.
,/
L. Contract Award -Transportation Advisory Services
Amanda Quintanilla urged Council to oppose the contract with Stan Oftelie.

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR JAMES, to approve, and authorize the City Manager to execute, Contract No. C22-21, by and between the City of San Clemente and Stan Oftelie, providing for Transportation Advisory Services in the amount of $60,000.

SUBSTITUTE MOTION BY COUNCILMEMBER FERGUSON, SECOND BY
COUNCILMEMBER KNOBLOCK, FAILED 2-3 (COUNCILMEMBER
, WARD, MAYOR JAMES AND MAYOR PRO TEM DUNCAN VOTING NOE), to table the Item until there is more specificity in the contract scope of services during the.budget cycle.

Motion continued on following page
4-19-22 / 4A(1)-12
City Council Minutes -Adjourned Regular City Council Meeting of April 5, 2022 Page 13 THE ORIGINAL MOTION WAS VOTED ON AND CARRIED 3-2
(COUNCILMEMBER FERGUSON AND COUNCILMEMBER KNOBLOCK
VOTING NOE), with the direction that this contract is included as part of the quarterly legislative update presented to Council. For ease of reference, the action taken was as follows:

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

C22-21, by and between the City of San Clemente and Stan Oftelie, providing for Transportation Advisory Services in the amount of $60,000.

M. Letters of Support for Legislative Activities
Amanda Quintanilla voiced concerns regarding AB 1909 and the restrictions within the legislation.

MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER WARD,
CARRIED 5-0, to:

1. Approve, and authorize the Mayor to execute, a letter on behalf of the City of San Clemente in support of AB 1946 (Boerner Horvath) - Electric bicycles: safety and training program.

2. Approve, and authorize the Mayor to execute, a letter on behalf of the City of San Clemente in support of AB 2177 (Irwin) - Coastal recreation: designated state surfing reserves.

3. Approve, and authorize the Mayor to execute, a letter on behalf of the City of San Clemente in support of ACR 116 (Nguyen) - California Surfing Day.
·Following discussion, Council did not take action on staff recommendation • No. 1 regarding AB 1909 (Friedman) - Vehicles: bicycle omnibus bill. Rather, it was requested Marc Aprea, legislative advocate, provide updates to Council on AB 1909 as they become available.
4-19-22 I 4A(1 )-13
City Council Minutes -Adjourned Regular City Council Meeting of April 5, 2022 Page 14 N. Acceptance of Sensory Panel Donation for Courtney's SandCastle Playground and Approval of Tile Mural Installation in Sensory Garden from Courtney's Sandcastle Foundation
Note: this item was originally voted on with the approval of the balance of the consent calendar.

MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER
KNOBLOCK, CARRIED 5-0, to reconsider the item.

MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER
KNOBLOCK, to accept a donation of four sensory panels for the playground and utilize the $1,500 donation for maintenance instead of the mural.

SUBSTITUTE MOTION BY COUNCILMEMBER WARD, SECOND BY
MAYOR PRO TEM DUNCAN, FAILED 2-3 (COUNCILMEMBER

FERGUSON, COUNCILMEMBER KNOBLOCK AND MAYOR JAMES
VOTING NOE), to approve the installation of a tile mural in Courtney's Sandcastle Playground Sensory Garden and accept a donation of four sensory panels for the playground.

A SUBSEQUENT SUBSTITUTE MOTION BY COUNCILMEMBER
FERGUSON, SECOND BY MAYOR JAMES, CARRIED 4-1
(COUNCILMEMBER WARD VOTING NOE) to accept a donation of four sensory panels for the playground and table the $1,500 donation for a mural to allow Courtney's Sandcastle to have the opportunity to opine on the potential use of the $1,500 for maintenance. ,

0. Public Mural at End of Pier Concession Facility
Mikii Rathmann, PierPride Board Member, spoke in support of the mural.

MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER
KNOBLOCK, CARRIED, 5-0, to approve the installation and design of two public art murals on the end of the pier concession building.

7. PUBLIC HEARINGS
None.

8. UNFINISHED BUSINESS
None.
4-19-22 / 4A( 1 )-14
City Council Minutes -Adjourned Regular City Council Meeting of April 5, 2022 Page 15

9. NEW BUSINESS
A. West Coast Arborist Performance Evaluation Agendized at the February 15, 2022 City Council Meeting by Mayor James, with support of Mayor Pro Tern Duncan and Councilmember Ward.

Report from the Public Works Director/City Engineer providing an ) update on West Coast Arborist. •
Public Works Director/City Engineer Koger reviewed the contents of the Administrative Report and responded to Council inquiries.

MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY MAYOR PRO
TEM DUNCAN, CARRIED 5-0, to receive and file the Administrative Report, dated April 5, 2022, and on file with the City Clerk.

B. Code Amendment - Solid Waste Management
Report from the Utilities Director concerning the possibility of adopting an Ordinance to amend the Code of the City of San Clemente relating to Solid Waste Reduction and Recycling.

Utilities Director Rebensdorf and Environmental Services Coordinator McIntosh reviewed the contents of the Administrative Report and responded to Council inquiries.

MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY MAYOR
JAMES, CARRIED 5-0, to introduce Ordinance No. 1728 entitled AN

ORDINANCE OF THE CITY COUNCIL OF CITY OF SAN CLEMENTE,
CALIFORNIA AMENDING CHAPTER 8.28 OF TITLE 8 OF THE SAN

CLEMENTE MUNICIPAL CODE RELATING TO SOLID WASTE
MANAGEMENT AND REPEALING CHAPTER 8.68 OF TITLE 8 OF THE

SAN CLEMENTE MUNICIPAL CODE RELATING TO SOLID WASTE
REDUCTION AND RECYCLING, with the modification to Section 8.28.210 Violations, Item C, to read as follows:

C. Penalty Amounts for types of violations beginning May 1, 2023 shall be as follows:

1. For a first violation, the amount ofthe penalty shall be $50 per violation.

2. For a second violation, the amount of the penalty shall be $75 per violation.

3. For a third or subsequent violation, the amount of the penalty shall be $100 per violation.
4-19-22 / 4A(1 )-15
City Council Minutes -Adjourned Regular City Council Meeting of April 5, 2022 Page 16 C. Code Amendment - Minimum Staffing for Fire Emergency Response Vehicles Agendized at the January 18, 2022 City Council Meeting by Mayor Pro Tern Duncan, with support of Mayor James and Councilmember Ward.

Report from the City Manager concerning the possibility of adopting an Ordinance to amend the Code of the City of San Clemente relating to minimum staffing for fire emergency response.

City Manager Sund reviewed the contents of the Administrative Report, along with Chief Capobianco, responded to Council Inquiries.

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER WARD, CARRIED 4-1 (COUNCILMEMBER
FERGUSON VOTING NOE), to:

1. Find that the Ordinance is not subject to the requirements of CEQA for the following reasons:
a. The Ordinance does not qualify as a "project" under CEQA and because the Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the
environment; and
b. The Ordinance is exempt under State CEQA Guidelines
Section 15061(b)(3), the general rule exemption, because it can be seen with certainty that there is no possibility that the Ordinance will have a significant _effect on the environment.

2. Introduce Ordinance No. 1729 entitled AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
ADDING CHAPTER 8.14 TO THE SAN CLEMENTE MUNICIPAL

CODE REGARDING MINIMUM STAFFING FOR FIRE

EMERGENCY RESPONSE VEHICLES AND FINDING THE

ORDINANCE NOT SUBJECT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

D. Memorial Donation - Don Hansen Agendized at the March 1, 2022 City Council Meeting by Mayor James, with support of Councilmember Ferguson and Councilmember Ward.

Report from Beaches, Parks, and Recreation Director concerning the placement of a memorial at the Pier.

Beaches, Parks, and Recreation Director Wylie reviewed the contents of the Administrative Report and responded to Council Inquiries. 4-19-22 / 4A(1 )-16 .

City Council Minutes -Adjourned Regular City Council Meeting of April 5, 2022 Page17

MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY
COUNCILMEMBER FERGUSON, CARRIED 4-1 (COUNCILMEMBER
WARD VOTING NOE), to approve a bench installation at the San Clemente Municipal Pier in honor of Don Hansen and a onetime supplemental appropriation in the amount of $2,500 to Beach Maintenance of Other Facilities Account No. 001-636-43470 with the Hansen Family having the option to decide on either a bench or a memorial pier rail cuff interpretive sign in memory of Don Hansen.

E. Memorial Bench Donation - Jim Dahl Agendized at the March 15, 2022 City Council Meeting by Mayor James, with support of Mayor Pro Tern Duncan, Councilmember Knoblock and Councilmember Ward.

Report from Beaches, Parks, and Recreation Director concerning the placement of a memorial at the Municipal Golf Course.

Beaches, Parks, and Recreation Director Wylie reviewed the contents of the Administrative Report and responded to Council Inquiries.

MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER
FERGUSON, CARRIED 5-0, to approve a bench installation at the San • Clemente Municipal Golf Course in honor • of former Mayor and Councilmember Jim Dahl and a onetime supplemental appropriation in the amount of $2,500 to WB/C.A.R.E Program Account No. 001-000-21563.

F. Resolution Supporting an End to the Covid-19 State of Emergency and Calling upon the California Legislature to Revoke the Governor's Emergency Powers Agendized at the March 15, 2022 City Council Meeting by Mayor James, with support of Councilmember Knoblock.

MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY MAYOR
JAMES,. CARRIED 3-2 (COUNCILMEMBER WARD AND MAYOR PRO
TEM DUNCAN VOTING NOE), to adopt Resolution No. 22-12 entitled A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, SUPPORTING AN END TO THE COVID-19

STATE OF EMERGENCY AND CALLING UPON THE CALIFORNIA

LEGISLATURE TO REVOKE THE GOVERNOR'S EMERGENCY
POWERS.

10. ORAL COMMUNICATIONS (PART 2)
None.
4-19-22 / 4A(1 )-17
City Council Minutes -Adjourned Regular City Council Meeting of April 5, 2022 Page 18

11. Reports
A. Commissions and Committees
B.

C.

None.

City Manager
Aquatics Hiring Event
City Manager Sund presented a flyer for the upcoming Aquatics Hiring Fair on April 23, 2022. A copy of the flyer is on file with the City Clerk.

Announcement of Contracts Approved and Executed by the City Manager
City Manager Sund reported that he executed the following professional services contracts under his signature authority: 1) MSW Consultants - Solid Waste Procurement Assistance in the amount of $25,000; 2) Confidence Consulting - Strategic Priorities Workshop and Planning Facilitation in the amount of $10,000.

Update on the Beach Trail Bridges
City Manager Sund and Public Works Director/ City Engineer Koger provided an update to Council on the condition and evaluation of the Montalvo, Riviera and T-Street Bridges. Future maintenance requirements will be provided in the Capital Improvement Projects budget.

City Attorney
None.

D. Council Members
Presentation of the City's Maintenance System
Mayor James, with support of Councilmember Ward and Mayor Pro Tern Duncan, requested a presentation by staff on the City's maintenance tracking software and schedule.

Rail Project
Mayor Pro Tern Duncan, with support of Councilrnember Knoblock, requested staff contact Orange County Transportation Authority to provide an update to Council in their briefings as well as providing a presentation at 4-19-22 I 4A(1)-18
City Council Minutes -Adjourned Regular City Council Meeting of April 5, 2022 Page 19 a future Council meeting regarding the double tracking project in Dana Point (Serra Siding). Additionally to investigate the potential for City representation with San Diego Association of Governments (SANDAG).

City Manager Executed Contract
Councilmember Ferguson requested details regarding a City Manager executed contract for a personnel investigation.

Re-zoning of the Hospital Site
Councilmember Ferguson proposed that a discussion of the potential rezoning of the hospital site for a potential project be agendized for the April 19, 2022 City Council Meeting. 1
Meeting Behavior
Councilmember Ward expressed her concerns over comments made during the meeting by other members of Council.

Redaction of Personal Information on the City's Website MOTION BY COUNCILMEMBER KNOBLOCK to agendize discussion of redactions of personal information on the City's website and if the City hears from the member of the public who indicated there will be legal action there may be a closed session scheduled.

MOTION DIED FOR LACK OF A SECOND.

SUBSTITUTE MOTION BY MAYOR JAMES, SECOND BY MAYOR PRO
TEM DUNCAN, CARRIED 5-0, to discuss the redactions of personal information on the website at the April 19, 2022 Regular City Council meeting in Closed Session and in the Regular Business meeting. Council agreed that the item would be for discussion and that an administrative report was not needed.

E. Council Subcommittee Updates
None.
4-19-22 / 4A(1 )-19
,
City Council Minutes -Adjourned Regular City Council Meeting of April 5, 2022 Page 20

12. Resolutions/Ordinances.

A Ordinance No. 1727 (Second Reading) - Zoning Amendment for Temporary Outdoor Dining and Parklets
Amanda (no last name provided) commented her concerns with regard to outdoor dining and the loss of parking spaces.

MOTION BY MAYOR JAMES, SECOND BY MAYOR PRO TEM DUNCAN,
CARRIED 3-2 (COUNCILMEMBER FERGUSON AND COUNCILMEMBER
WARD VOTING NOE), to adopt Ordinance No. 1727 entitled AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, AMENDING SECTION 17.28.206 OF THE

SAN CLEMENTE MUNICIPAL CODE, REGULATING TEMPORARY

PARKLET DINING, WHICH ESTABLISHES STANDARDS FOR
OUTDOOR DINING AREAS AND SUNSETS ON DECEMBER 31, 2023.

13. Adjournment

MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER KNOBLOCK, CARRIED 5-0, to adjourn at 9:08 p.m. to an Adjourned Regular Meeting to be held on April 12, 2022 at 4:00 p.m. for the purpose of conducting the Strategic Priorities Workshop. The meeting will take place at the Bella Collina Golf Club, located at 200 Avenida La Pata, San Clemente.

MAYOR of the City of
San Clemente, California
CITY CLERK of the City of
San Clemente, California
4-19-22 I 4A( 1 )-20
4-19-22 / 4A(2)
4-19-22 / 4A(2)-1

CITY OF SAN CLEMENTE
City Council Minutes
Adjourned Regular Meeting - April 12, 2022
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

An Adjourned Regular Meeting of the San Clemente City Council was called to order by Mayor James on April 12, 2022 at 4:00 p.m. at Bella Collina Golf Club, located at 200 Avenida La Pata, San Clemente.

PRESENT
ABSENT

DUNCAN,FERGUSON,KNOBLOCK,WARD,MAYORJAMES
NONE
STAFF PRESENT Erik Sund, City Manager; Scott Smith, City Attorney; Joanne Baade, City Clerk; Laura Campagnolo, Legislative Administrator * * *

PLEDGE OF ALLEGIANCE
Assistant to the City Manager Savage led the Pledge of Allegiance.

1. ORAL COMMUNICATIONS
Hospital in San Clemente
Donna Vidrine, San Clemente, urged Council to identify a hospital in San Clemente as an urgent priority.

Strategic Initiatives Workshop
Brad M voiced concern that documents for the Strategic Initiatives Workshop were not provided in advance of the meeting and suggested that the consultant contract was not included in the City's budget.

Personal Information on City Website
Amanda (no last name provided) urged Council to redact personal information on the City website.
4-19-22 / 4A(2)-2
City Council Minutes -Adjourned Regular Meeting Minutes of April 12, 2022 Page 2 Quality of Life in San Clemente
Ruth Martin, San Clemente, opined that while the City's General Plan protects quality of life, living next to a park with pickleball courts negatively impacts quality of life.

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

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY COUNCILMEMBER WARD, CARRIED 5-0, to waive reading in full of all resolutions and ordinances.

3. Strategic Priorities Workshop
Strategic Priorities Workshop for the City Council to consider, discuss, and set priorities for FY 2022-2023.

Jeff Bills with Confidence Consulting reviewed the Strategic Initiatives identified by Council. The five strategic initiatives are identified below:

1. Ensure financial stability as demonstrated by low debt, high ratings and revenue generation.
• Favorable financial ratings
• Financial Stability - City Budget
• Maintain profitability
• Diversify and encourage revenue streams

2. Grow resident confidence and value in City services and operations. • Reliable products and services
• Understand resident needs
• Best service
• Best reputation
• Service expansion
• Safety and Security

3. Update and Maintain Infrastructure that reflects best technology and service.
• Update asset management profile
• Update water strategy
• Update rate/pricing strategy
• Update and review computer management systems
• Waste management capacity and strength
• Streamline operations
4-19-22 / 4A(2)-3
City Council Minutes -Adjourned Regular Meeting Minutes of April 12, 2022 Page 3 • Digital solutions to all aspects of operations

4. Improve and maintain strong staff recruitment and retention strategy, allocate resources to hire, train and maintain the best staff. • Management Strength
• Staff expertise
• Staffing levels
• Staff burnout
• Wage and salary review
• Staff satisfaction surveys
• Employee morale
• Succession planning
• Staff needs/Employee Assistance Program

5. Maintain strong approach to digital transportation to become best in class. • Internal systems
• Applications development and use
• Technology Awareness
• Commitment to digital solutions always win
During the course of discussion, Councilmember Ferguson, with the support of Mayor James and Councilmember Knoblock agendized City Manager Contract Authority for the May 3, 2022 Council meeting.

MEETING RECESSED
Council recessed at 5:01 p.m. and reconvened at 5:09 p.m., with all members present.

Mr. Bills reiterated that once Council establishes its priorities, Management staff would develop key operating objectives and measurements to maintain accountability. The subject objectives and measurements will be agendized for future Council approval.

MEETING RECESSED
Council recessed at 5:39 p.m. and reconvened at 6:13 p.m., with all members present. 4-19-22 / 4A(2)-4
City Council Minutes -Adjourned Regular Meeting Minutes of April 12, 2022 Page 4 Councilmember Ferguson, with the support of Council, requested that the City's agenda report template include a category for Strategic Initiatives, for Staff to identify how the project fits into one of the five Strategic Initiatives identified by Council.

Donna Vidrine, San Clemente, noted that the need for a tri-City hospital for San Clemente, San Juan Capistrano and Dana Point falls under Strategic Initiative Number 2: "Grow resident confidence and value in City services and operations".

R. Martin, San Clemente, thanked Mayor Pro Tern Duncan for identifying quality of life in Strategic Initiative Number 2: "Grow resident confidence and value in City services and operations".

Amanda (no last name provided) opined that San Gorgonio and Max Berg Park restrooms are not ADA compliant and therefore not aligned with Strategic Initiative Number 3 "Update and Maintain Infrastructure that reflects best technology and service".

4. CLOSED SESSION

MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER WARD,
CARRIED 5-0, to recess to Closed Session at 6:58 p.m. to discuss the following:

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code section 54956.9(d)(1) Number of Cases: 2
Case Name: City of San Clemente v. Foothill/Eastern Transportation Corridor Agency and County of Orange
Case Number: OCSC 30-2017-00934703-CU-PT-CXC
Case Name: Housing is a Human Right v. the County of Orange and City of San Clemente
Case Number: 30-2019-01098573-CU-WM-CJC

5. Closed Session Report - City Attorney
City Attorney Smith noted that no reportable action was taken during Closed Session.
4-19-22 / 4A(2)-5
City Council Minutes -Adjourned Regular Meeting Minutes of April 12, 2022 Page 5

6. Adjournment.

MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY COUNILMEMBER FERGUSON, CARRIED 5-0 to adjourn at 7:36 p.m. The next Regular Council Meeting is scheduled to take place on April 19, 2022. Part 1 of the Regular Business Meeting will commence at 5:00 p.m. and Closed Session will begin at 6:00 p.m. Part 2 of the Business Meeting will commence at 7:00 p.m. The meeting will take place in the Community Center Auditorium, located at 100 N. Calle Seville, San Clemente.

MAYOR of the City of
San Clemente, California
CITY CLERK of the City of
San Clemente, California
4-19-22 I 4C(l)

CITY OF SAN CLEMENTE

CERTIFICATION OF WARRANTS

I HEREBY SUBMIT THE ATTACHED

WARRANT REGISTER FOR AUDIT

AND APPROVAL BY THE CITY

COUNCIL, CITY OF SAN CLEMENTE

CITY MANAGER
ATTEST: _________ _

CITY CLERK

I HEREBY CERTIFY TO THE ACCURACY OF THE FOREGOING

DEMANDS AND THAT FUNDS ARE AVAILABLE FOR PAYMENT
THEREOF: '

APPROVED AND ORDERED PAID AT

THE MEETING OF THE CITY COUNCIL
HELD 4=\ jC, 12 .. .'7-.

IN THE AMOUNT OF$ ==::..;:;.....;.~---- 3 380 884.13
MAYOR

PAID BY WARRANTS SIGNED BY LEGALLY

DESIGNATED PERSONS IN ACCORDANCE

WITH THE STATE OF CALIFORNIA
GOVERNMENT CODE, SECTION-41003

CITY TREASURER
4-19-22 / 4C(1 )-1
apChklst Final Check List
04/07/2022 9:22:21AM SAN CLEMENTE
Bank : city BANK OF THE WEST
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580025 4/8/2022 033977 ARANDA,MARY 36582230 3/14/2022 REFUND - CLASS CANCELLE 580026 4/8/2022 019069 AT&T 000017960677 3/27/2022 AT&T COMMUNICATION SER' 580027 4/8/2022 000184 AWARDS N MORE 4800 11/23/2021 NAME PLATES 4941 3/4/2022 GOLD NAME PLATE HOLDER:
580028 4/8/2022 033943 BARTHOLEMY, JEFF 36381148 3/7/2022 REFUND OF DEPOSIT 580029 4/8/2022 024972 BEST BEST & KRIEGER LLP 927366 2/17/2022 CEQA 927362 2/17/2022 LABOR AND EMPLOYMENT
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930349 3/23/2022 AIR
918190 10/29/2021 AIR
580030 4/8/2022 033968 BLATTNER, FRANCES 36730041 3/18/2022 REFUND -SCHEDULE CONFL 580031 4/8/2022 029408 BONDURANT, CANDICE 36600171 3/14/2022 REFUND OF DEPOSIT 580032 4/8/2022 033972 BRAVO, ARLENE 36600336 3/14/2022 REFUND OF DEPOSIT 580033 4/8/2022 016915 CACEO 200020692 3/31/2022 CACEO TRAINING - A KURTZ 200019822 2/15/2022 GACEO TRAINING - B. POLlA
200020686 3/30/2022 CACEO TRAINING - P. PYE
200020685 3/30/2022 CACEO TRAINING - P. PYE
200020681 3/30/2022 CACEO TRAINING - P. PYE
580034 4/8/2022 001033 CALIF DEPT OF TAX & FEEAC20221STQTR 4/4/2022 SALES & USE TAX RETURN A 580035 4/8/2022 001182 CALIF, STATE OF, FRANCHISEBen2509765 4/8/2022 STATE TAX LEVY: PAYMENT Page: 1
Amount Paid Check Total
212,823.18 212,823.18
13,324.14 13,324.14
2,729.06 2,729.06
153,742.22 153,742.22
6,246.18 6,246.18
22,914.86 22,914.86
2,014.00 2,014.00

79.42 79.42
240.00 240.00
8,557.55 8,557.55
474.00 474.00
1,337.03
1,897.72 3,234.75
175.00 175.00
1,199.03 1,199.03

28.55 48.49 77.04

50.00 50.00
2,325.60
3,830.40
3,965.50
409.50
2,899.00 13,430.00

77.00 77.00

50.00 50.00

50.00 50.00
105.00
425.00
. 60.00

40.00 40.00 670.00
2,688.00 2,688.00
100.00 100.00
Page: 1
4-19-22 I 4C( 1 )-2
apChklst Final Check List
04/07/2022 9:22:21AM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date
580036 4/8/2022 022636 CARE AMBULANCE SERVICE 22-000426 3/30/2022 22-000427 3/30/2022
580037 4/8/2022 002001 CIVIC SOLUTIONS, INC 97540 1/3/2022 580038 4/8/2022 003559 COASTAL ANIMAL SERVICES 1APR22 4/1/2022 580039 4/8/2022 019909 COASTAL SECURE SHREDDl~12075 3/15/2022 580040 4/8/2022 001241 COLONIAL LIFE & ACCIDENT Ben2509759 4/8/2022 580041 4/8/2022- 0339-99 COLOR OF SOUND 101 3/22/2022
580042 4/8/2022 001417 CONSOLIDATED ELECTRIC Dt1022149 3/28/2022 580043 4/8/2022 001394 COOK PGAGOLF SHOP INC, [040522 4/5/2022 580044 4/8/2022 033974 CORSO, ANDREA 36600-356 3/14/2022 580045 4/8/2022 033935 COZEAN, NICOLE 36382615 3/7/2022 580046 4/8/2022 019513 CULINARY COOKING KIDS, LL032922 3/29/2022 580047 4/8/2022 015290 . DELTACARE.USA BE004881584 4/1/2022 580048 4/8/2022 002647 DENAULT$ HARDWARE, INC 510129 3/22/2022 510193 3/25/2022
510208 3/26/2022
510209 3/26/2022
510249 3/29/2022
580049 4/8/2022 033976 DILZER, JESSICA 36450405 3/9/2022 580050 4/8/2022 004462 DOHENY PLUMBING, INC. 62222 3/23/2022 58005,1 4/8/2022 033937 DOVEY, RACHEL 36381266 3/7/2022 580052 4/8/2022 033981 DYER, LINDSAY 36600242 3/1-4/2022 580053 4/8/2022 003788 EBERHARD EQUIPMENT 97128 3/17/2022 580054 4/8/2022 014554 ENVIROBLIND LLC 032422 3/24/2022 • 580055 4/8/2022 011576 EQUIFAX INFORMATION SER\6724580 3/7/2022 580056 4/8/2022 033374 EVERDE GROWERS 1019527 3/10/2022 580057 4/8/2022. 002042 FIRST VEHICLE SERVICES 11789646 3/26/2022 11789653 3/26/2022
580058 4/8/2022 033975 GALVEZ, MARIA 36600377 3/14/2022 580059 4/8/2022 002662 GANAHL LUMBER CO 020777265 3/8/2022 020780066 3/17/2022
020780563 3/18/2022
58()060 4/812022 033984 GANNAN,LIANA 36600255 3/14/2022 580061 4/8/2022 033942 GEEVES, DOLORES 36375035 3/7/2022 Description
AMBULANCE SERVICES FY 2
AMBULANCE SERVICES FY 2

CONTRACT PLANNING SERV

CONTRACTED SERVICES
MONTHLY SHREDDING SER\/
ACCIDENT INSURANCE: PAYI

BAND FOR SPRINGTACULAR

MATERIALS
03/28/22 - 4/03/22 WEEKLY PA

REFUND OF DEPOSIT

REFUND OF DEPOSIT

CONTRACT INSTRUCTOR PA

HMO DENTAL PREMIUMS
HARDWARE & MAINT SUPPL!
HARDWARE & MAINT SUPPL!
HARDWARE & MAINT SUPPLI ••.

HARDWARE & MAINT SUPPL!
HARDWARE & MAINT SUPPL!

REFUND-WRONG LEVEL

BEACHES & PARKS MAINTEN

REFUND OF DEPOSIT

REFUND OF DEPOSIT
CHAIN AY FOR CORE HARVE:

ENVIROBLIND - PIER GONCE

UTILITIES CREDIT SCORING

LANDSCAPE MATERIAL
FLEET SERVICES CONTRACFLEET SERVICES NON-CON1

REFUND OF DEPOSIT

SUPPLIES/REPAIR PARTS

SUPPLIES/REPAIR PARTS

SUPPLIES/REPAIR PARTS

REFUND OF DEPOSIT

REFUND - MEDICAL REASON
Page: 2
Amount Paid Check Total
26,012.08
26,012.08 52,024.16
9,217.50 9,217.50
76,743.33 76,743.33

90.00 90.00
157.11 157.11
300.00 300.00
1,282.54 • 1,282.54
22,933..43 22,933-.43

50.00 50.00
273.44 273.44
315.00 315.00
1,643.05 1,643.05

23.25 12.95
101.90

20.48 68.12 226.70
103.00 103.00
255.75 255.75

50.00. 50.00

50.00 50.00
321.31 321.31
7,629.50 7,629.50
218.36 218.36
2,620.11 2,620.11
48,386.25
1,093.58 49,479.83

50.00 50.00

40.21 34.90
536.56 611.67

50.00 50.00
157.00 157.00
Page:2
4-19-22 I 4C(1 )-3
apChkLst Final Check List
04/07/2022 9:22:21AM SAN CLEMENTE
Bank : city BANK OF THE WEST • (Continued)
Check# Date Vendor. Invoice Inv Date Descriotion
580062 4/8/2022 -032612 GIANT CO2 132994 3/28/2022 CHEMICAL SUPPLIES 132995 ·3128/2022 CHEMICAL SUPPLIES
580063 4/8/2022 033934 GLASGOW, HALEY 36381349 3/7/2022 REFUND OF DEPOSIT 580064 4/8/2022 023420 GOMEZ, LETICIA· 36392645 3/7/2022 REFUND OF DEPOSIT 580065 4/8/2022 001926 GRAINGER, INC, W.W. 9261295688 -3/29/2022 HARDWARE/ EQUIPMENT 9261890819 3/29/2022 HARDWARE/ EQUIPMENT
580066 4/8/2022 034005 HARTANA, THOMAS 1 3/28/2022 FNF OFFICIAL 580067 4/8/2022 018614 HATCO INTERNATIONAL 557180 3/7/2022 HATS/ VISORS 580068 4/8/2022 032749 HENRY, PATRICIA 36384093 3/7/2022 REFUND - CLASS CANCELLE 580069 4/8/2022 003619 ICMA RETIREMENT TRUST #3Ben2509755 4/8/2022 DEFERRED COMP ICMA: PAY 580070 4/8/2022 012787 INFOSEND, INC. 207708 2/16/2022 UTILITY BILL PROCESSING 207642 2/16/2022 UTILITY BILL PROCESSING
207643 2/16/2022 UTILITY BILL PROCESSING
208831 3/1/2022 UTILITY BILL PROCESSING
208761 2/28/2022 UTILITY BILL PROCESSING
580071 4/8/2022 010722 IRV SEAVER MOTORCYCLES 20220477 3/10/2022 POLICE MOTORCYCLE REPA 20220585 3/22/2022 POLICE MOTORCYCLE REPA .:•~-.. 20220587 3/22/2022 POLICE MOTORCYCLE REPA ·-:.r<· 580072 418/2022 033007 JANSSON.GUS 3 3/28/2022 FNF OFFICIAL 580073 4/8/2022 008609 JOHNSTONE SUPPLY OF SAN2096559 3/28/2022 SIGNAL SUPPLIES 2096560 3/28/2022 SIGNAL SUPPLIES
580074 4/8/2022 009069 JP'S SURF CAMP INC 032922 3/29/2022 INSTRUCTOR PAYMENT 580075 4/8/2022 006381 JTB SUPPLY COMPANY, INC 110134 3/18/2022 SI.GNAL SUPPLIES 580076 4/8/2022 001721 KNORR SYSTEMS, INC. Sl237639 3/29/2022 POOL EQUIPMENT 580077 4/8/2022 020138 KRIEGER ELECTRIC 32828 3/28/2022 GOLF COURSE FLAG POLE 32817 2/1/2022 TRACK LIGHTING REPLACEIV
580078' 4/8/2022 033940 KRISTOBAK, NICK 36381226 3/7/2022. REFUND OF DEPOSIT 580079 4/8/2022 029717 KURTZ, ANTHONY 36600319 3/14/2022 REFUND OF DEPOSIT 580080 4/8/2022 004134 LC PAVING & SEALING PP1 3/31/2022 PN 11309 12304 12305 - SIDE\ 580081 4/8/2022 027839 LANCE SOLL & LUNGHARD LL49202 3/28/2022 . AUDIT SERVICES 580082 4/8/2022 033978 LE, JOEY 36600188 3/14/2022 REFUND OF DEPOSIT 580083 4/8/2022 033936 LEONARD, CLAIR 36388991 3/7/2022 CLASS REFUND 580084 4/8/2022 005503 LITTLEPAGE LANDSCAPING 5075 3/25/2022 LANDSCAPING SERVICES AT Page: 3
Amount Paid Check Total
335.82
165.92 501.74

50.00 50.00

50.00 50.00
286.82

99.65 386.47
240.00 240.00
600.31 600.31

79.00 79.00
31,042.00 31,042.00
785.85
6,430.34
554.24
880.33

7.50 8,658.26
286.08
311.99
1,048.59 1,646.66
240.00 240.00
446.18
1,690.73 2,136.91
542.50 542.50
3,620.40 3,620.40
1,623.57 1,623.57
3;590.00
3,600.00 7,190.00

50.00 50.00

50.00 50.00
188,869.29 188,869.29
1,430.00 1,430.00

50.00 50.00
254.00 254.00
1,600.00 1,600.00
Page:3 4-19-22 I 4C( 1 )-4
apChklst Final Check List
04/07/2022 9:22:21AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date
580085 • 4/8/2022 007564 • LOWE'S COMPANIES, INC. 25760 3/24/2022 23645 3/25/2022
09715 3/29/2022
24178 3/29/2022
24649 3/25/2022
580086 4/8/2022 033971 MARTIN, LAUREN 36600301 3/14/2022 580087 4/8/2022 033008 MCDONALD, REESE 12 3/28/2022
580088 4/8/2022 027155 MISSION LINEN SUPPLY 516735581 3/28/2022 5·16691755 3/2112022
516691762 3/21/2022
516735584 3/28/2022
580089 4/8/2022 033941 MOCTEZUMA, GABRIELLE 36381240 3/7/2022 580090 4/8/2022 034006 MUDGE, VANDER 1 3/28/2022
580091· 4/8/2022 006627 MUNI WATER DIST OF ORANC10768 3/15/2021 580092 4/8/2022 023396 MYHREN, BRETT & NADINE 821-1518 9/13/2021 580093 4/8/2022 003762 NATIONAL CONST RENTALS, 16481482 3/11/2022 580094 4/8/2022 033967 NEWBROUGH, LAURA 36726572 3/18/2022 580095, 4/8/2022 028779 NGUYEN, DONNA 36537666 3/12/2022 580096 4/8/2022 033973 NIABATI, MARY 36600344 3/14/2022 580097 4/8/2022 007465 NINYO & MOORE, INC. 25'9593 3/29/2022 580098 4/8/2022 030946 NUNES, AMANDA 3626852'4 3/3/2022 36268426 3/3/2022
36268205- 3/3/2022
580099 4/8/2022 020603 O'CONNELL ENGINEERING & PP2 3/24/2022 580100 4/8/2022 001207 OFFICE DEPOT 233489628 3/24/2022 Description
#0333392 SUPPLIES
#0333392 SUPPLIES
#0333392 SUPPLIES
#0333392 SUPPLIES
#0333392 SUPPLIES

REFUND OF DEPOSIT

FNF OFFICIAL

UNIFORM RENTAL

UNIFORM RENTAL

BLACK MAT CLEANED
MISSION LINEN - MAINT SVC!

REFUND OF DEPOSIT

FNF OFFICIAL

MWDOC PURCHASED WATEI

REFUND OF WMP FEE

PORTABLE RESTROOMS DAI

REFUND - WRONG LEVEL

REFUND - CHANGED MIND

REFUND OF DEPOSIT

BONITO CANYON PARK GEO

REFUND - MEDICAL REASON

REFUND - MEDICAL REASON
. REFUND - MEDICAL REASON

CYPRUS SHORE EMERGENC
OFFICE SUPPLIES A/C #8983'.

Page:4
Amount Paid Check Total

30.70 10.14

8.08 100.47

19.72 169.11

50.00 50.00
240.00 240.00

34.53 36.95

14.44 • 62.72 148.64

50.00 50.00
180.00 180.00
660,438.87 660,438.87
500.00 500.00
193.95 193.95

91.00 91.00
373.00 373.00

50.00 50.00
1,419.00 1,419.00

64.00 64.00

64.00 192.00
55,672.16 55,672.16
1,200.64 1,200.64
Page:4
4-19-22 I 4C(1 )-5
apChkLst
04/07/2022 9:22:21AM
Bank : citv BANK OF THE WEST (Continued)
Final Check List

SAN CLEMENTE
Check# Date _Ve_n_d_o_r --,--------- _ln_v_oi_ce __ _ Inv Date Descriotion 580102 4/8/2022 001207 OFFICE DEPOT 233631406001
234608000001
234772251001
230680792001
232450412001
233656459001
228316922001
·233826038001
233826037001
2~3825556001
220188090001
233636446001
226682130001
226105558001
226104840001
231043312001
232969775001
227100125001
226644160001
220514329001
220525923001
222276138001
223807508001
222566642001
222566658001
226643675001
229022655001
229022083001
228496634001
223593665001
223589066001
226646417001
222562950001
227570055001
227565575001
3/17/2022 OFFICE SUPPLIES A/C #8983'.
3/22/2022 OFFICE SUPPUESA/C #8983'.
3/22/2022 OFFICE SUPPUESAIC #8983'.
3/12/2022 OFFICE SUPPLIES A/C #8983'.
3/11/2022. OFFICE SU PPUES A/C #8983'.
3/11/2022 OFFICE SUPPLIESA/C #8983'.
3/3/2022 OFFICE SUPPLIES A/C #8983'.
3/10/2022 OFFlC.E SUPPLIESA/C #8983'.
3/11/2022 OFFICE SUPPUESA/C #8983'.
3/11/2022 OFFICE SUPPLIESA/C #8983'.
1/5/2022 CREDIT FOR SUPPLIES A/C #
3/17/2022 OFFICE SUPPLIESA/C #8983'.
2/8/2022 OFFICE SUPPLIESA/C #8983'.
2/8/2022 FACE MASKS A/C #89837351,
21712022 FACE MASKS A/C #89837351,
3/3/2022 OFFICE SUPPLIES A/C #8983'.
. 3/9/202.2 OFFICE SUPPLIES A/C #8983'.
3/1/2022 OFFICE SUPPLIES A/C #8983'.
2/4/2022 • . OFFICE SUPPLIES A/C #8983'.
1/20/2022 .OFFICE SUPPLIES A/C #8983'.
1/21/2022 OFFICE SUPPLIES A/C. #8983'.
1/21/2022 OFFICE SUPPLIES A/C #8983'.
1/27/2022 OFFICE SUPPLIESA/C #8983'.
2/4/2022 OFFICE SUPPLIES A/C #8983'.
2/4/2022 OFFICE SUPPLIES A/C #8983'.
2/10/2022 OFFICE SUPPLIES A/C #8983'.
2/16/2022 OFFICE SUPPLIES A/C #8983'.
2/16/2022 OFFICE SUPPLIES A/C #8983'.
2/17/2022 OFFICE SUPPLIES A/C #8983'.
1/20/2022 OFFICE SUPPLIESA/C #8983'.
1/20/2022 OFFICE SUPPLIES A/C #8983'.
2/4/2022 OFFICE SUPPLIES A/C #8983'.
2/7/2022 OFFICE SUPPLIES A/C #8983'.
2/8/2022 OFFICE SUPPLIES A/C #8983'.
2/8/2022 OFFICE SUPPLIES A/C #8983'.

Amount Paid

26.27 8.07

70.66 74.43

68.40 33.07

89.44 2:18

3.76 49.69
-26.71

48.34 54.77

56.57 3.23
105.80

63.23 .133.57
• 10.16
113.44

47.08 202.53

86.85 89.58

72.16 140.06

95.83 186.82

37.69 14.42
118.77
. 726.64

37.69 29.62

38.54 Page: 5
Check Total
Page:5 4-19-22 / 4C(1 )-6
apChkLst Final Check List Page: 6
04/07/2022 9:22:21AM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 227570052001 2/9/2022 OFFICE SUPPLIES A/C #8983'. ·12.92 224391140001 2/9/2022 OFFICE SUPPLIES A/C #8983'. 96.26 231990996001 3/2/2022 OFFICE SUPPLIES A/C #8983'. 18.31 233302658001 3/8/2022 OFFICE SUPPLIES A/C #8983: 54.73
233527411001 , 3/9/2022. OFFICE SUPPLIES A/C #8983: 15.26 233527884001 3/9/2022 OFFICE SUPPLIES A/C #8983i 33.93
231324542001· 3/10/2022 OFFICE SUPPLIES A/C #8983'. 2.47 226437093001 2/4/2022 OFFICE SUPPLIES A/C #8983'. 79.93 228496620001 2/18/2022 OFFICE SUPPLIES A/C #8983'. 4.30 228496623001 2/20/2022 OFFICE SUPPLIESA/C #8983·: 70.03 223589066002 2/22/2022 OFFICE SUPPLIES A/C #8983'. 56.48 230532396001 2/25/2022 OFFICE SUPPLIES A/C #8983'. 121.05 230534194001. 2/25/2022 OFFICE SUPPLIES A/C #8983'. . 53.85 231984920001 3/2/2022 OFFICE SUPPLIES A/C #8983'. 123.94 230718251001 3/16/2022 OFFICE SUPPLIESA/C#8983'. 2.25
230513718001 3/16/2022 OFFICE SUPPLIESA/C #8983'. • 68.45 232568976001 3/18/2022 OFFICE SUPPLIES A/C #8983'. 252.07 228496628001 2/17/2022 OFFICE SUPPLIES A/C #8983'. 43.05 228496638001 2/17/2022 OFFICE SUPPLIESA/C #8983'. 62.47 228466980001 2/18/2022 OFFICE SUPPLIES A/C #8983'. 34.48 233650415001 3/11/2022 OFFICE SUPPLIES A/C #8983: 35.03- 232462075001 3/11/2022 OFFICE SUPPLIES A/C #8983'. 313.36 234457218001 3/16/2022 OFFICE SUPPLIES A/C #8983'. 161.56 234456218001 3/12/2022 OFFICE SUPPLIES A/C #8983'. 10.32 4,639.15 580103 4/8/2022 033982 OLMEDO, LUIS 36600285 3/14/2022 REFUND OF DEPOSIT 50.00 50.00 580104 4/8/2022 001086 ORANGE COUNTY TREAS/TNSH61746 4/4/2022 OCSD POLICE SERVICES CO 1,503,689.83 JAN22 1/31/2022 PARKING VIOLATION SURCH, 7,439.50
FEB22 2/28/2022 PARKING VIOLATION SURCH, 6,199.50
MAR22 3/31/2022 PARKING VIOLATION SURCH, 6,905.00 1,524,233.83- 580105 4/8/2022 033938 ORCUTT, TOM 36381307 3/7/2022 REFUND OF DEPOSIT 50.00 50:00 580106 4/8/2022 015190 PAYFLEX SYSTEMS, USA Ben2509761 4/8/2022 SEC 125 MEDICAL: PAYMENT 3,395.45 3,395.45 580107 4/8/2022 002728 PETTY CASH 032522 • 3/25/2022 . REPLENISH PETTY CASH 398.74 398.74 580108 4/8/2022 033634 PRIDESTAFF INC 301519358 3/20/2022 GOLF COURSE GROUNDS KE 3,204.00 3,204.00 580109 4/8/2022 032033 PUBLIC SAFETY CONSULTINC008/22 3/11/2022 HUMAN RESOURCES ASSIST 14,766.03 14,766.03 580110 4/8/2022 000267 R & R INDUSTRIES, INC 619117 3/22/2022 SAFETY JACKETS 175.74 175.74 Page:6
4-19-22 I 4C(1)-7
apChklst Final Check List Page: 7
04/07/2022 9:22:21AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 580111 4/8/2022 004113 RANCHO SAN CLEMENTE BU:910N-03252022 3/25/2022 RSCBP ASSN. DUES 910 & 10 774.18 1030N-0325202~ 3/25/2022 RSCBPASSN. DUES 910 & 10 556.55 1,330.73 580112 4/8/2022 018759 REX.AMY 36381287 3/7/2022 REFUND OF DEPOSIT 50.00 50.00 580113 4/8/2022 000067 RINCON TRUCK CENTER INC 340887 3/14/2022 PARTS 56.35 56.35 580114 4/8/2022 000207· ROD'S TREE SERVICE INC 120-106-22 3/24/2022 TREE WORK 5,525.00 120-107-22 3/29/2022 TREE WORK 1,000.00 6,525.00
580115 4/8/2022 000635 SAN CLEMENTE CITY EMPLO'Ben2509757 4/8/2022 DUES - SCCEA: PAYMENT 1,456.00 1,456.00 580116 4/8/2022 000768 SAN CLEMENTE CITY WATER 030922 3/9/2022 WATER SERVICE 81,787.18 81,787.18 580117 4/8/2022 014307 SAN CLEMENTE TIMES LLC 12997 3/25/2022 ADVERSTISEMENT FOR JR. l 725.00 12998 3/25/2022 SUMMER CAMP GUIDE AD 819.30 1,544.30
580118 4/8/2022 008656 • SAN CLEMENTE, CITY OF 030722-033122 3/31/2022 RECREATION SCHOLARSHIP 6,719.00 6,719.00 580119 4/8/2022 001174 SAN DIEGO GAS & ELECTRIC032122A 3/21/2022 2100000570996 DlSTRIBUTIO 46,169.42 46,169.42 580120 4/8/2022 033980 SCHLIPP, MAELYNN 36600225 3/14/2022 REFUND OF DEPOSIT 50.00 50.00 580121 4/8/2022 034007 SHANLEY, DREW 1 .· 3/28/2022 FNF OFFICIAL 180.00 180.00 580122 4/8/2022 026026 SHORE, REBECCA 36600368 3/14/2022 REFUND OF DEPOSIT 50.00 50.00 580123 4/8/2022 002196 SIERRAANALYTICAL LABS, IN2C28001-BF 3/16/2022 LAB TESTS / BACKFLOW TE~ 225.00 225.00 580124 4/8/2022 028020 SILVER & WRIGHT LLP 29202 3/1/2022 OCSD LEGAL SERVICES FOR 8,300.00 29191 3/1/2022 CODE -ENFORCEMENT LEGA 7,223.48 15,523.48 580125 4/812022 031785 SINKO, JESSICA • 36657442 3/16/2022 REFUND - SCHEDULE CONFL 164.50 164.50 580126 4/8/2022 028119 SMART ENERGY WATER 4968 3/10/2022 IVR FEES AND CHARGES 260.95 260.95 580127 4/8/2022 033577 SMITH, RILEY N 11 3/28/2022 FLAG FOOTBALL OFFICIAL 180.00 180.00 580128 4/8/2022 000170 SOUTH COAST WATER DISTR4-2354 3/23/2022 WATER BILLING 40.75 4-2237 3/23/2022 WATER BILLING 2,071.94
4-2481 3/23/2022 WATER BILLING 78.06
4-2495 3/23/2022 WATER BILLING 114.08 2,304.83
580129 4/8/2022 034008 SULLIVAN, RILEY 1 3/28/2022 FNF OFFICIAL 180.00 180.00 580130 4/8/2022 001753 · SUMMERS/MURPHY & PARTN22-9018 1/31/2022 LAN18-012 LANDSCAPE PLM 250.00 22-9184 2/28/2022 LAN 20-008 LAND.SCAPE PLAI 460.00
22-9017 1/31/2022 MAP 21-228 LANDSCAPE PLA 200.00
22-9016 1/31/2022 MP 21-322 LANDSCAPE PLAN 200.00
22-9019 1/31/2022 LANDSCAPEPLAN CHECK 400.00 1,510.00
580131 4/8/2022 032931 SWAGROUP INC 189527 3/28/2022 SITE SPECIFIC PARK MASTEi 2,000.00 2,000.00 580132 4/8/2022 033983 SWEANY, ALEXANDRA 36600267 3/14/2022 REFUND OF DEPOSIT 50.00 50.00 580133 4/8/2022 033966 TENAGLIA, MADISON 36692685 3/17/2022 REFUND - SCHEDULE CON FL 147.00 147.00 580134 4/8/2022 031477 TERRA NOVA PLANNING & RETN111903 1/1/2022 FRONTERA MEMORY CARE C 4,470.00 4,470.00 Page:7 4-19-22 / 4C(1 )-8
apChkLst Final Check List
04/07/2022 9:22:21AM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date
580135 4/8/2022 033939 TORRES, MARIA 36381203 3/7/2022
580136 4/8/2022 033979 TRUDELL, ALEXIS 36600205 3/14/2022 580137 4/8/2022 007027 TURF STAR, INC 7217504-01 3/23/2022 580138 4/8/2022 029845- UNITED BLDG & DEVELPMT S875 2/14/2022 908 3/24/2022
580139 4/8/2022 030375 UNITY COURIER SERVICE INC477237 3/1/2022 580140 4/8/2022 001562 UNIVERSAL PRESS, INC 76206 3/28/2022 76157 3/22/2022
580141 4/8/2022 026501 VALVERDE, JENNIFER 36381331 3/7/2022 580142 4/8/2022 026329 VICK, MICHAEL 29 3/28/2022
580143 4/8/2022 016334 VISION SERVICE PLAN (CA) 814696570 3/19/2022 580144 4/8/2022 030278 VPLS SOLUTIONS LLC 23583 3/29/2022 580145 4/8/2022 003242 WALMART COMMUNITY CARC1640958742 3/19/2022' 580146 4/8/2022 033944 WASSEF, NARDINE 36381183 3/7/2022 580147 4/8/2022 033948 WEAVER, NENE 36226251 3/2/2022
580148 4/8/2022 000012 WILL DAN Fl NANCIAL SERVICE010-50784 · 3/25/2022 010-50783 3/25/2022
Page: 8
Description Amount Paid Check Total
REFUND OF DEPOSIT 50.00 50.00
REFUND .OF DEPOSIT 50.00 50.00
IRRIGATION PARTS 371.03 371.03
PATCHWORK FOR LIGHTING 1,968.00
SWING REPAIRS 1,496.00 3,464.00
UTILITY BILLING COURIER Sf 502.81 502.81
PRINTING 310.32
POSTERS & POSTCARDS 193.95 504.27
REFUND OF DEPOSIT 50.00 50.00
FRIDAY NIGHT FOOTBALL OF 120.00 120.00
A/C #30-005394-0002 VISION I 717.67 717.67
FORTI NET ANNUAL MAINT A~ 6,092.22 6,092.22
A/C #645889- 373.25 373.25
REFUND OF DEPOSIT 50.00 50.00
REFUND - SCHEDULE CON FL 202.00 202.00
ADMIN SERVICES - CFD 99-1 .. 437.50
ADMIN SERVICES - RAD 2006 • 375.00 812.50
Sub total for BANK OF THE WEST: 3,380,884.13
Page: 8
4-19-22 I 4C( 1 )-9
apChklst
04/07/2022 9:22:21AM
135 checks in this report.

Final Check List

SAN CLEMENTE
Page: 9
Grand Total All Checks: 3,380,884.13
Page:9 4-19-22 I 4C(1)-10
BBK Warrant listing Detail
Warrant Listing Detailed Description
AIR Applicant Initiated Reimbursable Services
Labor and Employment Labor and Employment (Special)
Employee Benefits CEQA/Environmental (Special) _
4-19-22 I 4C(1 )-11
4-19-22 I 4C(2)

CITY OF SAN CLEMENTE

CERTIFICATION OF WARRANTS

I HEREBY SUBMIT THE ATTACHED

WARRANT REGISTER FOR AUDIT

AND APPROVAL BY THE CITY

COUNCIL, CITY OF SAN CLEMENTE

CITY MANAGER
ATTEST: _________ _

CITY CLERK

I HEREBY CERTIFY TO THE ACCURACY OF THE FOREGOING

DEMANDS AND THAT FUNDS ARE AVAILABLE FOR PAYMENT
THEREOF:

I I
I
I
\

APPROVED AND ORDERED PAID AT

THE MEETING OF THE CITY COUNCIL
HELD A\l°l 122
IN THE AMOUNT OF$ -=--=-==-=-'-.;._ 909 802.18 ___ _
MAYOR

PAID BY WARRANTS SIGNED BY LEGALLY

DESIGNATED PERSONS IN ACCORDANCE

WITH THE STATE OF CALIFORNIA
GOVERNMENT CODE, SECTION-41003

CITY TREASURER
4-19-22 / 4C(2)-1
apCtikLst Final Check List
04/13/2022 11:17:0SAM SAN CLEMENTE
Bank : citv BANK OF THE WEST
Check#. Date Vendor Invoice Inv Date DescriDtion
2631 4/15/2022 002474 · CA PUB EMPLOY RETIREMEN 1-000000167570! 3/30/2022 ACTUARIAL LIABILITY PAYME 2632 4/12/2022 001819 FEDERAL WITHOLDIN'GTAX 1Q2022 3/31/2022 FEDERAL/FICA/MEDICARE T,t

5.80149 4/15/2022 015621 ALEXANDER'S CONTRACT S\1202203310014 3/31/2022 MONTHLY METER READING l 580150 4/15/2022 009876 ALL CITY MANAGEMENT svc:76234 3/23/2022. FY2021-2022 CROSSING-GU 580151 4/15/2022 002603 ANIMAL PEST MGMT SERVICE624526 3/31/2022 APM - RODENT CONTROL (BJ 624636 3/31/2022 APM - RODENT CONTROL (BJ
605857 3/31/2022 RODENT CONTROL
605646 3/31/2022 RODENT CONTROL
580152 4/15/2022 025093 APREA & MICHELI, INC 037002 4/1/2022 LEGISLATIVE ADVOCACY SEI 580153 4/15/2022 025910 ARCADIAN BANK 315 3/29/2022 ESCROW FEES - COLEMAN 580154 4/15/2022 034009 BATTERIES PLUS BULBS P41448644 7/7/2021 18-NIMH FLAT P48927430 2/15/2022 DURACELL- 12 V HR
580155 4/15/2022 024972 BEST BEST & KRIEGER LLP 930357 3/23/2022 RETAINER FOR LEGAL $_ERV! 930346 3/23/2022 CEQA
930353 3/23/2022 PRAOVERAGE
930356 3/23/2022 PUBLIC RECORDS ACT
930336 3/23/2022 ANTHEM V. CITY OF SAN CLE
930345 3/23/2022 LAND USE
580156 4/15/2022 034034 BIG STATE INDUSTRIAL SUPP1475264 3/23/2022 16" DIAMOND SAW BLADE 580157 4/15/2022 011958 BRANKER, TODD 821-0228 6/3/2021 ~EFUND OF WMP FEE 580158 4/15/2022 004193 BSN SPORTS LLC 916396672 3/15/2022 4 WAY RUBBERS 916413393 3/16/2022 TENNIS COURT EQUIPMENT
580159 4/15/2022 017726 CALIF BUILDING STANDARDS010122-033122 4/6/2022 CA BUILDING STANDARS FEE 580160 4/15/2022 017166 CANNON PACIFIC SERVICES, 154721PS 12/31/2021 ADDITIONAL STREET SWEEF 154728PS 1/31/2022 ADDITIONAL STREET SWEEF
580161 4/15/2022 012397 CENTRAL COMMUNICATIONS000024-831-651 4/1/2022 24-HOUR PHONEANSWERIN 000024-381-611 3/1/2022 24-HOUR PHONEANSWERIN
580162 4/15/2022 012397 CENTRAL COMMUNICATIONS000024-831-831 4/1/2022 24/7 Professional AnswerinQ.Se 580163 4/15/2022 023677 CHANDLER ASSET MANAGEfV2203SANCLEME 4/4/2022 PORTFOLIO MANAGEMENT F 580164 4/15/2022 007431 COAST RECREATION, INC. -14464 3/31/2022 PLAYGROUND EQUIPMENT F 14463 3/31/2022 PLAYGROUND EQUIPMENT F
580165 4/15/2022 001394 COOK PGA GOLF SHOP INC, [041222 4/12/2022 04/04/22-04/10/22 WEEKLY PA 580166 4/15/2022 006090 COX COMMUNICATIONS 048750601 4/2/2022 A/C 001 7601 048750601 50176010487501 4/2/2022 A/C 501 7601 048750601
Page: 1
Amount Paid Check Total
·2,.182.23 2,182.23
749;69 749.69
17,844.64 17,844.64
10,266.00 10,266.00
2,540.83
300.00
500.00
215.00 3,555.83
15,133.71 15,.133.71
130.00 130.00

96.01 34.91 130.92
40,820.03
2,291.40
6,701.60
5,237.00
753.60
1,641.60 57,445.23
420.32 420.32
500.00 500.00
1,325.22
741.27 2,066.49
1,396.80 1,396.80
255.60
298.20 553.80
, 645.-05
472.25 1,117.30
329.98 329.98
5,494,31 5,494.31
273.43
273.43 546.86
23,209.55 23,209.55
101.39
238.57 339.96
Page: 1
4-19-22 I 4C(2)-2
apChklst Final Check List Page: 2
04113/2022 11:17:0SAM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 580167 4/15/2022 032735 CRANK WATERPROOFING 3891 4/4/2022 CRANK - 910 3RD FLR PATIO 16,754.21 16,754.21 . 580168 4/15/2022 023400 CREATIVE PARTIES FOR KIDl:2059 3/31/2022 FACE PAINTERS 800.00 800.00 580169 4/15/2022 0001'68 CWEA-TCP 32704 3/28/2022 CERT. RENEWAL - T. BROWI\ 106.00 032422 3/24/2022 MEMBERSHIP - J. GARRIDO 192.00
61311 3/28/2022 MEMBERSHIP RENEWAL -A. 192,00
352555 3/7/2022 MEMBERSHIP - M. VALENZUE 192.00 682.00
580170 4/15/2022 03401-7 DAVIDE GARRETT TRUST 032322 3/23/2022 BEACH PARKING IMPACT FE! 2,142.68 2,142.68 580171 4/1512022 019168 DDL TRAFFIC INC 7867 3/10/2022 TRAFFIC SIGNALS 3,600.00 3,600.00 580172 4/15/2022 033164 DEBUT SURF SCHOOL 040422 4/4/2022 INSTRUCTOR PAYMENT 4,109.70 4,109 .. 70 580173 4/15/2'022 005410 DEIST-BINSFIELD, INC 2093 3/23/2022 FY 22 - AS-NEEDED BLANKEl 2,310.00 2092 3/231202'2: FY 22 -AS-NEEDED BLANKEl 525.00 2,835.00 580174 4/15/2022 002647 DENAULT'S HARDWARE, INC 510311 4/1/2022 HARDWARE & MAINT SUPPU 18.89 510356 4/4/2022 HARDWARE & MAINT SUPPL! 88.16

51.0363 4/4/2022 HARDWARE & MAINT SUPPL! 5.47
510255 3/29/2022 HARDWARE & MAINT SUPPL! 34.87.
509914 3/9/2022· HARDWARE & MAINT SUPPL! 122.31
510282 3/31/2022 HARDWARE & MAINT SUPPL! 125.61 395.31
580175 4/15/2022 002687 DEPT OF CONSERVATION ADI010122~033122 4/6/2022 SMIP FEES 4,968.64 4,968.64 580176 4/15/2022 015986 DESTEFANO, LOUIS 95 4/4/2022 ADULT SOFTBALLOFFICIAL 160.00 160.00 580177 4/15/2022 033851' DIAMOND CONSTRUCTION & PP2 4/6/2022 PN 19516 - CALLE REAL WATI 105,881.92 105,881.92· 580178 4/15/2022 027226 DOBBS, THERESA 040422 4/4/2022 ARP NON-PROFIT GRANTS -F 660.00 040422CDBG 4/4/2022 CDBG REHABILITATION LOA~ 747.00 1,407.00 580179 4/15/2022:- 004177 E STEWART &ASSOC INC 7602S 3/26/2022 GRAFFITI REMOVAL - PUBLIC 2,200.00 7603S 3/26/2022 GRAFFITI REMOVAL - PUBLIC 2,900.00
7604S 3/26/2022 GRAFFITI REMOVAL - PUBLIC 260.00
7601S 3/26/2022 GRAFFITI REMOVAL - PRIV.& 4,900.00
76008- 3/26/2022 GRAFFITI REMOVAL - PRIV.& 2,500.00 12,760.00 580180 4/15/2022 033608 ELLER, DENNIS 13 4/4/2022 ADULT SOFTBALL OFFICIAL 80.00 80.00 580181 4/15/2022 002904 EMCOR SERVICE 910017971 3/22/2022 PUMP STATION MAINTENANC 568.00 568.00 580182 4/15/2022 004161 EMEDCO INC. 9349425684 3/4/2022 SIGNS 225.86 225.86 580183 4/15/2022 030202 ENVIRONMENTAL COMP EXPl22004-113 3/3.1/2022 AS-NEEDED REGULATORY C 300.00 300.00 580184 4/15/2022 023219 EVANTEC CORPORATION 20229018 3/15/2022 SUPPLIES 311.60 20229085 3/18/2022 SUPPLIES 327.58 639.18
580185 4/15/2022 033374 EVERDE GROWERS 1021634 3/14/2022 LANDSCAPE MATERIAL • 35?.73 357.73 580186 4/15/2022 000026 FEDERAL EXPRESS CORP 7-709-89725 4/1/2022 SHIPPING CHARGES 18.32 18.32 Page:2
4-19-22 I 4C(2)-3
apChkLst Final Check List Page:·3
04/13/2022 11:17:0SAM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 580187 4/15/2022 012157 FERGUSON WATERWORKS 1179391 3/17/2022 CUSTOMER #847552, 878902, 442.66 442.66 580188 4/15/2022 002042 FIRST VEHICLE SERVICES 11789896 3/28/2022 1234 & 1225 PM SERVICE 354.90 354.90 580189 4/15/2022 007447 FLUID COMPONENTS INTL LL 1144206 3/11/2022 OFFSITE REPAIR GAS FLOW 2,482.37 2,482.37 580190 4/15/2022 005230 FORESTRYSUPPLIERS, INC 200094-00 3/23/2022 SAFETY EQUIPMENT 170.00 200094-01 3/31/2022 SAFETY EQUIPMENT 75.90 245.90
580191 4/15/2022 012860 FUN EXPRESS, INC. 715647980-01 3/18/2022 PRIZES AND BAGS 340.36 340.36 580192 4/15/2022 000993 GALLS, LLC 020635698 3/9/2022 SUPPLIES 29.08 020645938 3/10/2022 SUPPLIES 110.64
020645934 3/10/2022 SUPPLIES 101.27
020648161 3/10/2022 SUPPLIES -26.9.3
020680863 3/15/2022 SUPPLIES 110.97 325.03
580193 4/15/2022 013733 GENSLER 1001035 4/12/2022 OCSD SUBSTATION ARCHITE 3,613~00 3,613.00 580194 4/15/2022 031385 . GEOSYNTEC CONSULTANTS 1422037 1/24/2022 WATER QUALITY MANAGEME 1,755.00 1422118 2/21/2022 WATER QUALITY MANAGEME 1,900.00
1422162 3/16/2022 WATER QUALITY MANAGEME 275.00
1422164 3/16/2022 WQMP REVIEW - SEACREST 215.00
1422163 3/16/2022 WQMP REVIEW - HERITAGE I 322.50 4,467.50 580195 4/15/2022 034022 GERWYN & ANDREA WILLIAM821-2274 11/10/2021 REFUND OF WMP FEE 500.00 500.00 580196 4/15/2022 012571 GOLDRING, GLEN 033022 3/30/2022 REIMB FOR BOC LEVEL ITCC 75.00 75.00 580197 4/15/2022 001926 GRAINGER, INC, W.W. 9262256044 3/30/2022 HARDWARE/ EQUIPMENT 922.49 9264821548 3/31/2022 HARDWARE/ EQUIPMENT 370.65
9257366436 3/24/2022 HARDWARE/ EQUIPMENT 394.78
9262817605 3/30/2022 HARDWARE/ EQUIPMENT 154.34 1,842 .. 26 580198 4/15/2022 033733 GREEN & ASSOCIATES INC, J.2003 4/6/2022 EMERGENCY PLANNING 6 M< 7,500.00 7,500.00 580199 4/15/2022 029858 GREENTECH LANDSCAPE INC53115 3/31/2022 GREENTECH - WATER FACIL: 3,200.00 3,200.00 580200 4/15/2022 001140 HACH COMPANY 12864540 2/1/2022 LAB SUPPLIES 627.49 12931078 3/16/2022 LAB SUPPLIES 656.50
12933797 3/17/2022 LAB SUPPLIES 692.10
12942959 3/21/2022 LAB SUPPLIES 148.44
12946617 3/23/2022 LAB SUPPLIES 685.46 2,809.99
580201 4/15/2022 033437 HALLEY, KAREN. 033122 3/31/2022 INSTRUCTOR PAYMENT 89.95 89.95 580202 4/15/2022 023511 HARPER,EVERETT 103 4/4/2022 ADULT SOFTBALL OFFICIAL 320.00 320.00 580203 4/15/2022 034010 HART CONCRETE DESIGN, IN6730 3/31/2022 DEPOSIT PAYMENT FOR PLA 1,731.31 1,731.31 580204 4/15/2022 008612 HARTFORD FIRE INSURANCE17418175-1540~ 3/16/2022 FLOOD POLICY #9906175528: 2,168.00 2,168.00 580205 4/15/2022 016179 HAULAWAY STORAGE CONT, 002051026 3/28/2002 10 FT. CONTAINER RENTAL 68.01 68.01 Page:3
4-19-22 I 4C(2)-4
apChklst Final Check List Page:4
04/13/2022 11:17:0BAM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 580206 4/15/2022 025017 HEAT TRANSFER SOLUTIONSSIN005360 3/7/2022 WRP DAMPER TROUBLESHC 6,000.00 SIN005315 2/11/2022 BAROMETRIC DESIGN CONS 3,500.00 9,500.00 580207 4/15/2022 034021 HOLDEN, JAMESAND SUE 032322 3/23/2022 BEACH PARKING IMPACT FE! 2,402.23 2,402.23 580208 4/15/2022 021287 HOLIDAY GOO INC 19273 3/10/2022 FILLED EGGS & TOY BAGS 2,259.15 2,259.15 580209 4/15/2022 029290 HOMEFRONT AMERICA INC 1100 4/6/2022 FIELD OF HONOR FLAG SPOI 100.00 100.00 580210 4/15/2022 003185 IDEXX DISTRIBUTION, INC. 3103228192 3/23/2022 LAB SUPPLIES 1,871.24 3102942471 3/18/2022 LAB SUPPLIES 38.09 1,909.33
580211 4/15/2022 019001 IPS GROUP, INC INV70200 3/31/2022 BANK MERCHANT FEES 1;418.86 1,418.86 580212 4/15/2022 022623 JCTEES.COM CORPORATION 7863 4/4/2022 AQUATIC STAFF UNIFORMS 1,558.88 1,558.88 580213 4/15/2022 009069 JP'S SURF CAMP INC 040522 4/5/2022 INSTRUCTOR PAYMENT 1,386.00 1,386.00 580214 4/15/2022 006381 JTB SUPPLY COMPANY, INC 110173 3/31/2022 SIGNAL SUPPLIES 258,60 110170 3/31/2022 SIGNAL SUPPLIES 1,474.67 1,733.27
580215 4/15/2022 033589 KAY CONSTRUCTION CO INC PP2 4/6/2022 PN 12208 - FY22 WRP FERRIC 3,325.00 3,325.00 580216 4/15/2022 034016 KENNARD J O'DONNELL TRUW32322 3/23/2022 BEACH PARKING IMPACT FEf 2,381.57 2,381.57 580217 4/15,12022 001721 KNORR SYSTEMS, INC. PWSVl-7377 3/31/2022 EMERGENCY ACID SPILL - VI- 910.00 SVl-018290 3/31/2022 CHLORINE FEED TROUBLES! 377.70
Sl237927 3/31/2022 KNORR - REPL BOILER VHSP 35,929.66 37,217.36 58021 a 411512022 013755 KOPPEL & GRUBER PUBLIC F22-1114 3/31/2022 ANNUAL ADMINISTRATION 846.08 846.08 580219 4/15/2022 026408 KOS, SANDRA 033122 3/31/2022 CONTRACT INSTRUCTOR PA 1,731.10 1,731.10 580220 4/1-5/2022· 026109 KREUZER CONSULTING GRO22-044 4/7/2022 PN 22307 - AVE. VICTORIA Sil 9,015.00 9,015.00 580221 4/15/2022· 004134 LC PAVING & SEALING PP10 4/4/2'022 PN 18326 10318 18328 LC PA\ 61,205.22 61,205.22 580222 4/15/2022 007460 LAWTON, GEORGE 040422' 4/4/2022 INSTRUCTOR PAYMENT 346.50 346.50 580223 4/15/2022 007610 LIDDELL, MARK . 1 4/4/20-22 MARIACHI BAND FOR CINCO 3,250.00 3,250.00 580224 4/15/2022 007564 LOWE'S COMPANIES, INC. 24408 3/8/2022 #0333392 SUPPLIES 118.40 23101 3/9/2022 #0333392 SUPPLIES 86.42 204.82
580225 4/15/2022 003646 MCCALL'S METERS, INC. 34697 3/25/2022 CERTIFIED FLOW TEST 65.88 65.88 580226 4/15/2022 000502 MCMASTER-CARR SUPPLY C<75070154 3/22/2022 EQUIPMENT & TOOLS 38.91 7497019:0 3/21/2022 EQUIPMENT & TOOLS 170.20
75060095 3/22/2022 EQUIPMENT & TOOLS 120.19 329·.30
580227 4/15/2022 027155 MISSION LINEN SUPPLY 516778538 4/4/2022 BLACK MAT CLEANED 14.44 516778532 4/4/2022 UNIFORM RENTAL 38.79 53.23
580228 4/15/2022 006627 MUNI WATER DIST OF ORANC2597 3/17/2022 MWDOC RESIDENTIAL WATE 333-.00 16957 3/22/2022 MWDOC RESIDENTIAL WATE 250.00 583.00
580229 4/15./2022 031925 NATIONAL BUSINESS FURNITMK574884 4/5/2022 COMMUNITYCENTER OFFIC 4,999.66 4,999.66 580230 4/15/2022 013622 NEENAH FOUNDRY COMPAN'448548 3/31/2022 SOLID LIDS 3,756.69 3,756.69 Page:4
4-19-22 I 4C(2)-5
apChkLst Final Check List
04/13/2022 11:17:0SAM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date
580231 4/15/2022 020603 O'CONNELL ENGINEERING & PP6 4/5/2022 580232 4/15/2022 001207 OFFICE DEPOT 233765277001 3/22/2022 236518737001 3/30/2022
234608268001 3/23/2022
236388211001 3/25/2022
232101444001 3/29/2022
233508249001 3/17/2022
233509997001 3/17/2022
233563350001 3/18/2022
233650415002 3/17/2022
233765067001 3/22/2022
233765275001 3/22/2022
580233 4/15/2022 004049 ORANGE COUNTY REGISTER0000538043 3/31/2022 580234 4/15/2022 019277 ORIGINAL WATERMEN S75061 2/28/2022 580235 4/15/2022 008603 PAPE MATERIAL HANDLING 11\6632224 3/30/2022 580236 4/15/2022 009680 PAR WEST TURF SERVICES 11159668 3/30/2022 159537 3/30/2022
580237 4/15/2022 034023 PAUL & RENEE BAY TRUST 821-0500 8/31/2021 580238 4/15/2022 021857 PETTY CASH - AQUATICS CErn40622 4/6/2022 580239 4/15/2022 019735 PLAYPOWER LT FARMINGTOt1400255955 3/28/2022 580240 4/15/2022 033634 PRIDESTAFF INC 301522415 3/27/2022 580241 4/15/2022 · 003944 QUICK CRETE PRODUCTS CC124801 4/4/2022 580242 4/15/2022 000267 R & R INDUSTRIES, INC 619417 3/28/2022 580243 4/15/2022 001029 RED WING SHOE STORE 20220331036201 3/31/2022 580244 4/15/2022 034020 RICHARD W PINKERMAN TRL032322 3/23/2022 580245 4/15/2022 000067 RINCON TRUCK CENTER INC 341227 3/25/2022 341000 3/17/2022
341107 3/22/2022
340841 3/22/2022·
340486 3/11/2022
340850 3/16/2022
580246 4/15/2022 034019 RUNPING WANG TRUST 032322 3/23/2022 580247 4/15/2022 014307 SAN CLEMENTE TIMES LLC 13052 3/31/2022 13049 3/31/2022
580248 4/15/2022 007516 SAN CLEMENTE, CITY OF 821-2087 4/6/2022 Description

MONITORING SERVICES FOF
OFFICE SUPPLIES A/C #8983'.

OFFICE SUPPLIES A/C #8983'.

OFFICE SUPPLIES A/C #8983'.

OFFICE SUPPLIES A/C #8983'.

OFFICE SUPPLIES A/C #8983'.

OFFICE SUPPLIES A/C #8983'.

OFFICE SUPPLIES A/C #8983'.

OFFICE SUPPLIES A/C #8983'.

OFFICE SUPPLIES A/C #8983'.

OFFICE SUPPLIES A/C #8983'.

OFFICE SUPPLIES A/C #8983'.

A/C #5238382

RESCUE TUBES

MAINTENANCE SERVICE

LAPPING COMPOUND
PORTABLE SPILL CONTROL t

REFUND OF WMP FEE

REPLENISH PETTY CASH
PLAY EQUIPMENT - FORSTEf

GOLF COURSE GROUNDS KE
CUSTOM CARE PROGRAM Bl
MISC. SAFETYWEAR
A/C #36205 I WORK BOOTS
BEACH PARKING IMPACT FE!
PARTS
PARTS
-PARTS
PARTS
PARTS
PARTS

BEACH PARKING IMPACT FEE

SHREDDING EVENT PSA'S
INVITING BID 21403, 21205

PERMIT FEE FOR COUNCIL C
Amount Paid
78,791.24

7.53 467.16

84.03 57.99

55.36 157.99

13.34 96.96

11.38 20.89

35.93 107.20
912.63
211.97
386.83
379.53
500.00
360.86
• 1,981.85
2,347.20
2,963.13
965.72
652.74
1,111.37

70.88 60.15
125.04

81.34 64.99
153.60
983.48
327.00
1,817.62
6,105.30
Page: 5
Check Total
78,791.24
1,008.56
107.20
912.63
211.97
766.36
500.00
360.86
1,981.85
2,347.20
2,963.13
965.72
652.74
1,111.37
556.00
983.48
2,144.62
6,105.30
Page: 5
4-19-22 I 4C(2)-6
apChkLst
04/13/2022 11:17:0SAM
Final Check List

SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date _Ve.;....n __ d __ o-'-r __________ =ln..;;..vo""'"ic.:;..;e'---- 580250 4/15/2022 001174
580251 4/15/2022 002274
580252 4/15/2022 001106
580253 4/15/2022 005035
580254 4/15/2022 027220
580255 4/15/2022 008357
580256 4/15/2022 033577
580257 4/15/2022 000311
580258 4/15/2022 002755
580259 . 4/15/2022 033873
580260 4/15/2022 000817
580261 4/15/2022 003204
580262· 4/15/2022 021227
580263 4/15/2022 000208
580264 4/15/2022 028725
580265· 4/15/2022 031889
580266 4/15/2022 033747
580267 4/15/2022 022514
580268 4/15/2022 025058
580269 4/15/2022 027249
580270 4/15/2022 032032·
580271 4/15/2022 022730
580272 4/15/2022 003511
580273 4/15/2022 021465
58027 4 4/15/2022 003567
SAN DIEGO GAS & ELECTRIC 033022
040122
040422
033122
040422G
032822
032922
SAN JOAQUIN HILLS T CA MAR2022
SANCON TECHNOLOGIES, INtPP8
915280
SCHROEDER, KAYNEA 033122 •
SILVA, MICHAEL 012122
SlMPLOT TURF & HORTICULT205080422
SMITH, RILEY N • 11
SOUTH COAST AIR QUALITY 13928545
SOUTH COAST DISTRIBUTINC290386
SOUTH COAST REFEREEASE125
SOUTH COAST WATER DISTR3676
SOUTHERN CALIF GAS CO, lf\033122
032922
033022
SOUTHERN CALIF SHREDDIN194437
SOUTHERN COUNTIES FUEU2083221-IN
SPAN, EILEEN 033122
SPECTRUM GAS PRODUCTS, 00556259
SPEEDY FIX INC PP2
STARFISH SIGNS & GRAPHIC!INV-5429BAL
STOTZ EQUIPMENT P77480
SUMMIT ENVIRONMENTAL GF2022-03
SUNSTATE EQUIPMENT CO Ll10630046-001
10630048-001
THE CPR LADY INC CPR220058
TK ELEVATOR CORPORATIOl\3006541071
TRAFFIC MANAGEMENT PRO 847384
TRENCH SHORING CO, INC Rl20182215
Inv Date Descriotion
3/30/2022 0000046178238 DISTRIBUTIO
4/1/2022 0052696685418 DISTRIBUTIO
4/4/2022 0025190122526 DISTRIBUTIO
3/31/2022 0019137335267 DISTRIBUTlO
4/4/2022 10112124370 DISTRIBUTION C
3/28/2022 0036981847742 DISTRIBUTIO
3/29/2022 0087322212229 DISTRIBUTIO
4/3/2022 FEES COLLECTED· IN MARCl3/25/2022 PN 28206 - ON-CALL SEWER 3/15/2022 DEPOSIT REFUND - HYDR ME
3/31/2022 INSTRUCTOR PAYMENT
1/21/2022 REIMBURSEMENT FOR SAFE
3/22/2022 DORADO FUNGICIDE
4/4/2022 • ADULT SOFTBALL OFFICIAL
3/16/2022 LAST FY EMISSIONS FEES 1€:
3/31/2022 SUPPLIES
3/27/2022 ADULT SOCCER OFFICIALS
4/5/2022 FY22 CIP FOR SOUTH COASl
3/31/2022 11753986915 GAS SERVICES
3/29/2022 07737028683 GAS SERVICES
3/30/2022 05900755900 GAS SERVICES
4/6/2022 SHREDDING 4/2/2022
3/10/2022 DIESEL FUEL
3/31/2022 CONTRACT INSTRUCTOR PA
3/31/2022 OXYGEN TANK FILL & RETUR
4/7/2022 PN 29103 - PARK MONUMENl
12/22/2021 OCSD OFFICE INTERIOR SIG
3/25/2022 ISOLATOR SWITCH
4/1/2022 CONTRACT PLANNING SERV
4/5/2022 BOOM LIFT RENTAL
4/5/2022 FORKLIFT & TELEHANDLER F
3/22/2022 AHA BLS PROVIDER ECARDS
4/1/2022 TKE - ELEVATOR SVC - BLDG
3/31/2022 SIGNS - STREET
3/28/2022 CONCRETE K-RAIL/CYPRUS :

Amount Paid
23,197.19
17,737.18
1,205.91
12,384.13
56,921.66

35.85 13.60
4,689.00
43,602.63
781.98
19,998.50
225.00
1,180.78

80.00 163.98

73.11 330.00
32,978.85

99.86 13,,675.17
8,599.75
2,400.00
1,852.99
5,817.00

36.50 25,473.30
1,165.40
300.95
2,860.00
2,173.70
2,956.84
108.00
1,139.44
1,011.88
474.00
Page: 6
Check Total
111,495.52
4,689.00
44,384.61
19,998.50
225.00
1,180.78

80.00 163.98

73.11 330.00
32,978.85
22,374.78
• 2,400.00
1,852.99
5,817.00

36.50 25,473.30
1,165.40
300.95
2,860.00
5,130.54
108:00
1,139.44
1,011.88
474.00
Page:6
4-19-22 I 4C(2)-7
apChklst Final Check List
04/13/2022 11:17:0SAM SAN CLEMENTE
Bank: city BANK OF THE WEST {Continued)
Check# Date Vendor Invoice Inv Date
580275 4/15/2022 007027 TURFSTAR, INC· 7218895-00 3/29/2022 580276 4/15/2022 001088 UNDERGROUND SERVICE ALl320220595 4/1/2022 DSB20210864 4/1/2022
580277 4/15/2022 001680 UNITED RENTALS NORTH AM 202713544-003 3/9/2022 203771220-001 3/19/2022
580278 4/15/2022 001965 . VORTEX INDUSTRIES, INC. 09-1565217 1/19/2022 · 580279 4/15/2022 00337 4 VULCAN MATERIALS COMPAf\73231647 3/21/2022 580280 4/15/2022 033864 WADE HARRINGTON TILE 501 3/10/2022 580281 4/15/2022 031058 • WARWICK GROUP CONSULTf22-220-3· 4/1/2022 580282 4/15/2022 005046 WELLS PIPELINE MATERIALS SINV22-1653 .3/16/2022 SINV22-1685 3/16/2022
SINV22-1767 3/25/2022
SINV22-1809 3/30/2022
580283 4/15/2022 007 452 WELLS TAPPING SERVICE 9336 3/23/2022 580284 4/15/2022 032472 WEST COAST ARBORIST, INC184031 3/31/2022 580285 4/15/2022 00817 4 WEST COAST SAND & GRAVE477931 3/30/2022 580286 4/1.5/2022 031253 WESTFALL, RACHEL 040522 4/5/2022 580287 411:5/2022 001131 WHITE, EILEEN BERNADETTESCPC-08-2021 8/23/2021 SCPC-12-2021 1/12/2022
SCPC-05-2021 1/11/2022
580288 4/15/2022 016254 WILLKIE, CORRIE 27 4/4/2022
580289 4/15/2022 027059 ZAPP PEST MANAGEMENT 16817 3/30/2022 16819 3/30/2022
· 16818 3/30/2022
16895 3/25/2022
16821 3/25/2022
16923 3/23/2022
16823 3/25/2022
16910 3/25/2022
16820 3/25/2022
580290 4/15/2022 034018 ZIMU WANG & JING YIDAN 032322 3/23/2022 Page: 7
Descriotion Amount Paid Check Total
TIRES FOR ROUGH MOWEm 1,188.65 1,188.65
UNDERGROUND SERVICE FC 234.40
UNDERGROUND SERVICE FC 74.38 308.78
EQUIPMENT RENTAL - BACKf 2,798.07
RENTAL UTV FOR BEACHES 1,509.48 4,307.55
GATE REPAIR 780.00 780.00
PAVING MATERIALS 2,289.82 2,289.82
PIER TILE WORK 2,250.00 2,250.00
PN 43690 - FEDERAL LOBBY : 5,000.00 5,000.00
PIPELINE MATERIALS 2,338.18
PIPELINE MATERIALS 97.62
PIPELINE MATERIALS 3,782.03
PIPELINE MATERIALS 4,443.61 10,661.44
PARTS/ SUPPLIES 1,500.00 1,500.00
WCA-TREE MNT. SVCS. SUF 1,116.00 1,116.00
SCREENED FILL SAND 1,657.86 1,657.86
CONTRACT INSTRUCTOR PA 598.50 598.50
PROFESSIONAL SERVICES 880.00
PROFESSIONAL SERVICES 275.00
PROFESSIONAL SERVICES 385.00 1,540.00
ADULT SOFTBALL OFFICIALS 240.00 240.00
ZAPP - PEST CTRL CITY FACI 60.00
ZAPP - PEST CTRL CITY FAG! 65.00
ZAPP - PEST CTRL CITY FACI 60.00
ZAPP - PEST CTRL CITY FACI 75.00
ZAPP - PEST CTRL CITY FACI 65.00
PEST CONTROL SERVICE 125.00
ZAPP ~ PEST CTRL PIER & M~ 235.00
ZAPP - PEST CTRL PIER & M~ 125.00
ZAPP - PEST CTRL CITY FACI 75.00 885.00
BEACH PARKING IMPACT FE! 1,010.68 1,010.68
Sub total for BANK OF THE WEST: 909,802.18
Page:7
4-19-22 I 4C(2)~8
apChkLst
04/13/2022 11 :17:0SAM .
143 checks in this report.

Final Check List

SAN CLEMENTE
Page: 8
Grand Total All Checks: 909,802.18
Page:8
4-19-22 I 4C(2)-9
BBK Warrant Listing Detail
Warrant Listing Detailed Description
Retainer for legal services Fixed Rate Retainer Fee for General, Departmental and Non-Departmental Legal Services. In ceqa CEQA/Environmental (Special}
PRA overage Public Records Act (PRA) Overage-PRA work over 25 hours Public Records Act Services in Connection with Public Records Act Requests- Budgeted 25 Hours Anthem v. City of SC Anthem v. City of San Clemente (La Ventana)- Defense of Writ Petition and Complaint with regard to Land Use Non-Routine Land Use (Special)
4-19-22 I 4C(2)-10
4-19-22 I 4D(l)
ORDINANCE NO. 1728

AN ORDINANCE OF THE CITY COUNCIL OF CITY OF SAN
CLEMENTE, CALIFORNIA AMENDING CHAPTER 8.28 OF ,
TITLE 8 OF THE SAN CLEMENTE MUNICIPAL CODE

RELATING TO SOLID WASTE MANAGEMENT AND
REPEALING CHAPTER 8.68 OF TITLE 8 OF THE SAN

CLEMENTE MUNICIPAL CODE RELATING TO SOLID
WASTE REDUCTION AND RECYCLING.

WHEREAS, SB 1383 (Chapter 395, Statutes of 2016) directed the California Department of Resources Recycling and Recovery ("Cal Recycle") to adopt regulations to reduce organic waste by 50 percent from its 2014 baseline level by 2020 and 75 percent by 2025; and
WHEREAS, SB 1383 also requires the regulations to recover, for human consumption, at least 20 percent of edible food that is currently thrown away; and WHEREAS, CalRecycle promulgated regulations as directed in SB 1383 in Chapter 12 (Short-Lived Climate Pollutants) of Division 7 of Title 14 of the California Code of Regulations ("SB 1383 Regulations"); and
WHEREAS, the SB 1383 Regulations took effect January 1, 2022, and require the City of San Clemente to adopt an ordinance to enforce the SB 1383 Regulations; and WHEREAS, the City Council desires to amend its Solid Waste Management Ordinance to comply with the S~ 1383 Regulations and repeal its Solid Waste Reduction and Recycling Ordinance. •
NOW, THEREFORE, the City Council of the City of San Clemente does ordain as follows:

Section 1. Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. Chapter 8.28 is hereby amended in its entirety as set forth in Exhibit A, incorporated by this reference. •
Section 3. Chapter 8.68 is hereby repealed in its entirety.

Section 4. CEQA Findings. The City Council finds that this ordinance is not subject to the requirements of California Environmental Quality Act ("CEQA") because adoption of the Ordinance is not a "project" within the meaning of Section 15378(b)(5) of the State CEQA Guidelines (organization or administrative activities of governments not a project).

Section 5. Severability. If any section, subsection, clause, or phrase in this Ordinance or the application thereof to any person or circumstances is for any reason 55452.01500\34851218.3 4-19-22 I 40(1 )-1
held invalid by a court of competent jurisdiction, the validity of the remainder of this Ordinance or the application of such provisions to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have passed this • Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or the application thereof to any person or circumstance be held invalid.

Section 6. Publication. The City Clerk shall certify to the adoption of this ordinance and cause it, or a summary of it, to be published once within fifteen (15) days of adoption in a newspaper of general circulation printed and published within the C_ity of San Clemente, and shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code section 36933.

Section 7. Effective Date. This Ordinance shall take effect and be in full force thirty (30) days after its adoption.

INTRODUCED on the 5th day of April, 2022, and PASSED AND ADOPTED at a regular meeting of the City Council of the City of San Clemente on this __ day of _______ _, 2022.

ATTEST:

Legislative Administrator of the
City of San Clemente, California
55452.01500\34851218.3
Mayor of the City of
San Clemente, California
4-19-22 / 40(1)-2

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, Legislative Administrator of the City of San Clemente, California, hereby certify that Ordinance No. ___ having been regularly introduced at the meeting of __________ , was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the __ day of ________ , and said ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this __ day of ________ _ APPROVED AS TO FORM:

CITY ATTORNEY
55452.01500\34851218.3
Legislative Administrator of the
City of San Clemente, California
4-19-22 I 40(1)-3

EXHIBIT A
Chapter 8.28

SOLID WASTE MANAGEMENT

8.28.005 - Purpose and Intent.

8.28.010 - Definitions.

8.28.020 - Required Use of Containers-Overflows Prohibited.

8.28.021 - Exception-Bulky Items.

8.28.030 - Reserved.

8.28.040 - Containers-Placement for Collection-Restrictions on Storage; Penalty for Violations. •

8.28.041- Exemptions from Container Storage Requirements

8.28.050 - Arrangements for Solid Waste Collection and Disposal.

8.28.051- Unauthorized Containers.

8.28.052 - Removal of Unauthorized Containers on Public Property.

8.28.060 - Permiss.ible Collection Hours.

8.28.070 - Construction of Enclosures. .

8.28.080 - Burning of Solid Waste, Fertilizer, etc.

8.28.090 - Reserved.

8.28.100 - Building Contractors to leave Areas Clean.

8.28.110 - Accumulation of Solid Waste, etc., Declared Nuisance.

8.28.120 - Unsanitary Conditions; Duty to Remove and Abate Unsanitary, Unhealthful Substances.

8.28.130 - Requirements for Single-Family Generators.

8.28.140 - Requirements for Commercial Businesses.
8,28.150 - Waivers for Generators.

8.28.160 - Requirements for Commercial Edible Food Generators.

8.28.170- Requirements for Food Recovery Organizations and Services.

8.28.180 - Provisions for Self-Haulers.

8.28.190 - Requirements for Haulers and Facility Operators.

8.28.200 - Inspections and Investigations.

8.28.210 - Violations.
55452.01500\34851218.3
4-19-22 I 4D( 1 )-4

8.28.005 Purpose and Intent.

A. The purpose and intent of this chapter is to regulate Solid Waste Handling Services in order to protect public health, safety, and welfare and to meet the City's obligations under the California Integrated Waste Management Act of 1989 (Public Resources Code Sections 40000 et seq.) (hereinafter "AB 939") and other solid waste laws.

B. The City is obligated by AB 939 and other solid waste laws, including but not limited to, AB 341, AB 1826, and SB 1383, to implement plans for Solid Waste source reduction, reuse, and recycling to meet specified achievement milestones.

C. Pursuant to the California Constitution, the City is authorized to enact ordinances to protect public health, safety, and welfare. Pursuant to Public Resources Code Section 40059, aspects of Solid Waste handling of local concern include, but are not limited to, the frequency of collection, means of collection and transportation, level of service, charges and fees, whether Solid Waste services are to be provided by means of non-exclusive, partially exclusive, or wholly exclusive franchise, contr~ct, license or permit, and the terms and conditions of such franchise, license or permit.

D. To enable the City to comply with AB 939 and other solid waste laws to better control the Solid Waste handling services within the City, the City deems it necessary to grant one Solid Waste Enterprise the right to provide exclusive Solid Waste Handling services within the City as provided inthis chapter.

8.28.010 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
"AB 939" means the California Integrated Waste Management Act of 1989, codified in part in Public Resources Code Section 40000 et seq., as amended, and as implemented by the regulations of Cal Recycle, or its successor.
"Authorized recycling agent" shall mean that entity, person, or group of persons who have contracted with the City to provide recycling and recycling collection services. "Bin" or "Bins" shall mean dumpsters, roll-off/drop-off boxes, compactors, and any similar such devices provided to any Customer for Residential, Multi-Family, and Commercial Solid • Waste Handling Services, for recurring or temporary bin/roll-off services; provided, however, the term "bins" does not include completely enclosed ,storage containers which are not used for Solid Waste Handling Services, but does include temporary roll-off/drop-off bins even if such bins are not used for Solid Waste Handling Services.
"Bulky items" shall mean that Solid Waste which cannot be and/or would not typically be accommodated within a container and include, without limitation, refrigerators or other appliances, furniture, machinery or pails thereof, mattresses, rugs, water heaters, 30 gallon trash bags and other items which, due to their size, are typically handled by a two or more person crew.
55452.01500\34851218.3 4-19-22 / 4D(1)-5
"Business" means a Commercial entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit or non-profit entity, or a Multi-Family Residential Dwelling. "C&D Debris" or "Construction and Demolition Debris" shall have the same meaning as described in Section 8.68.020.
"Cal Recycle" means the California Department of Resources Recycling and Recovery. "CCR" means the California Code of Regulations.
"City" means the City of San Clemente, California.
"City Council" means the City Council of San Clemente, California. "Collect" or "Collection" means to take physical possession, transport, and remove Solid Waste, targeted Recyclable Materials, Organic Materials, or other materials within and from the City.
"Commercial" or "Commercial Business" means a business, industrial, or Commercial establishment, or construction si.te, and any Multi-Family Residential Dwelling with five (5) units.
"Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in this section or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74).
"Commercial Premises" means all Premises in the City, other than Residential Premises, where Solid Waste, including Recyclable Materials and Organic Waste, is generated or· accumulated. The term "Commercial premises" includes, but is not limited to, stores; restaurants; rooming houses; hotels; motels; office buildings; department stores; manufacturing, processing, or assembling shops or plants; hospitals; clinics; and nursing homes. "Community Composting" means any activity that composts Yard Waste, green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a}(8).
"Compliance Review" means a review of records by the City to determine compliance with this chapter.
"Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this chapter, that "Compost" means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the Solid Waste stream, or which are separated at a centralized facility. "Compostable Plastics" or "Compostable Plastic" means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.l(a)(l)(A) or 18984.2(a)(l)(C). •
55452.01500\34851218.3
4-19-22 / 40(1)-6
"Container" or "Containers" shall mean the containers, including Bins, distributed by a Franchise Hauler for the weekly coUection of Solid Waste, including Recyclable Materials and Organic Waste.
"Container Contamination" or "Contaminated Container" means a Container that contains Prohibited Container Contaminants, or as otherwise defined iri 14 CCR Section 18982(a)(55). "County" means the County of Orange.
"Customer" shall mean any person or entity receiving Solid Waste Handling Services from a Solid Waste Enterprise, including Recyclable Material and Organic Waste Collection services and/or temporary Bin/roll-off services, within the City. "Designated Source Separated Organic Waste Facility," as defined in 14 CCR Section 18982(14.5), means a Solid Waste facility that accepts a Source Separated Organic Waste collection stream as defined in 14 CCR Section 17402(a)(26.6} and complies with one of the following:

1. The facility is a "transfer/processor," as defined in 14 CCR Section 18815.2(a)(62), that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d), and meets or exceeds an annual average Source Separated organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024 and 75 percent on and after January 1, 2025 as calculated pursuant to 14 CCR Section 18815.5(f) for Organic Waste received from the Source Separated Organic Waste collection stream.
a. If a transfer/processor has an annual average Source Separated organic content Recovery rate lower than the rate required in Paragraph 1 of this definition for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a "Designated Source Separated Organic Waste Facility.

2. The facility is a "composting operation" or "composting facility" as defined in 14 CCR Section 18815.2(a)(13), that, pursuant to the reports submitted under 14 CCR Section 18815.7, demonstrates that the percent of the material removed for landfill disposal that is Organic Waste is less than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c;:)(3), whichever is applicable, and, if applicable, complies with the digestate handling requirements specified in 14 CCR Section 17896.5.
a. If the percent of the material removed for landfill disposal that is Organic Waste is more than the percent specified in 14 CCR Section 17409.5.8(c)(2) or 17409.5.8(c)(3) for two (2) consecutive reporting periods, or three (3) reporting periods within three (3) years, the facility shall not qualify as a "Designated Source Separated Organic Waste Facility." For purposes of this chapter, the reporting periods shall be consistent with those defined in 14 CCR Section 18815.2(a)(49). "Designee" means an entity with which the City contracts or otherwise arranges to carry out any of the City's responsibilities under this chapter, as authorized in 14 CCR Section 18981.2, including but not limited to a government entity, a hauler, a private entity, or a combination thereof.
55452.01500\34851218.3 4-19-22 / 40(1)-7
"Dwelling" means a residence, including any flat, apartment, or other facility intended to be and permitted to be used for housing one or more persons, except "dwelling" does not include hospitals, hotels, motels, nursing homes, or convalescent centers. "Edible Food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). Edible Food is not Solid Waste if it is recovered and not discarded.

Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.
"Enforcement Action" means an action of the City to address non-compliance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies. "Enforcement Officer" means the City Manager, County administrative official, chief operating officer, executive director, public works director, or other executive in charge or their authorized designees who is/are partially or wholly responsible for enforcing this chapter. "Excluded Waste" means hazardous substance, Hazardous Waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its Generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or chapter, including: land use restrictions or conditions, waste that cannot be disposed of in Class Ill landfills or accepted at the facility by permit conditions, waste that in City's or its Designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance, or otherwise create or expose City, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, processing, Recycling, treatment and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. "Food Distributor" means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
"Food Facility" has the same meaning as in Section 113789 of the Health and Safety Code. "Food Recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). "Food Recovery Organization" means an entity that engages in the Collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery, either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:

1. A food bank as defined in Section 113783 of the Health and Safety Code;

2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and
55452.01500\34851218.3
4-19-22 I 40(1)-8

3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.
"Food Recovery Service" means a Person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR.Section 18982(a)(26). "Food Scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, _beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps. "Food Service Provider" means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
"Food-Soiled Paper" means compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee-cups,. napkins; pizza boxes, and milk cartons.
"Food Waste" means Food Scraps separated from Solid Waste and offered for collection by a Franchise Hauler, that will decompose and/or putrefy including (i) all kitchen and table food waste, and animal and vegetable waste that attends or results from the storage, preparation, cooking, or handling of food stuffs; and (ii) paper waste contaminated with food waste.
"Franchise Hauler" shall mean any Solid Waste Enterprise with which the City enters an exclusive or non-exclusive franchise agreement to provide Solid Waste Handling Services within the City.
"Generator" means any Person or other entity who is responsible for the initial creation of Solid Waste.
"Grocery Store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
"Hauler Route" means the designated itinerary or sequence of stops for each segment of the City's collection service area, or as otherwise defined in 14 CCR Section 18982{a)(31.5). "Hazardous Waste" means any waste material or mixture of wastes which is toxic, corrosive, flammable, an irritant, a strong sensitizer or which generates pressure through 55452.01500\34851218.3
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decomposition, heat or other means if such waste or mixture of wastes may cause substantial injury, serious illness or harm to humans, domestic livestock or wildlife. It shall also include all wastes so defined by the California Health and Safety Code including "infectious waste." "Inspection" means a site visit where the City or its Designee reviews records, Containers, and an entity's collection, handling, Recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with the requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35). "Large Event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.
"Large Venue" means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39} differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter.
"Local Education Agency" means a school district, charter school, or county office of education that is not subject to the control of City regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
"Multi-Family Dwelling" or "Multi-Family Residential Dwelling" means a Residential structure with five (5) or more residences.
"Notice of Violation" or "NOV" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4. "Organic Materials," "Organic Waste," or "Organics" means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, Yard Waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). Organic Waste includes, but is not limited to, Food Scraps, Food-Soiled Paper, and Yard Waste.
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''Organic Waste Container" has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Organic Waste. "Person" means an individual, group of individuals, and/or any legal entity recognized by the laws of the State.
"Premises" means every dwelling house, dwelling unit, apartment house, or multipledwelling building, trailer, or mobile home park, store, restaurant, rooming house, hotel, motel, hospital, office building, department store; manufacturing, processing, or assembling shop or plant; warehouse; and every other property or building where any person resides or any business or activity is carried on or conducted within the City. "Recyclable Materials" shall mean all garbage, trash, refuse, Construction And Demolition Debris, and any other Solid Waste discarded within City limits, which is capable of being Recycled, whether generated from or at Residential or Commercial Premises, or otherwise.
"Recyclable Materials Container" has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and Collection of Source Separated Recyclable Materials.
"Prohibited Container Contaminants" means the following: (i) discarded materials placed in the Recyclable Materials Container that are not identified as acceptable Source Separated Recyclable Materials for the City's Recyclable Materials Container; (ii) discarded materials placed in the Organic Waste Container that are not identified as acceptable Source Separated Organic Materials for the City's Organic Waste Container; (iii} discarded materials placed in the Refuse Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Organic Materials to be placed in City's Organic Materials Container and/or Recyclable Materials Container; and (iv) Excluded Waste or Hazardous Waste placed in any Container.
"Recyclable Materials" or "Recyclables" means materials that can be Source Separated from Solid Waste and Organic Materials prior to collection for the purpose of returning these materials to the economic mainstream in the form of raw materials for new, used, or reconstituted products which meet the quality standard necessary to be used in the marketplace. "Recyclable Materials" include any materials identified by the agency that can be feasibly collected and marketed for Recycling by the City's Franchise Hauler, including, but not limited to, paper and paper products, chipboard, cardboard, plastic food and beverage containers, glass jars and bottles, aluminum, tin, and bi metal cans. "Recycle" or "Recycling" means the process of collecting, sorting, cleaning, treating, and reconstituting materials that would otherwise be disposed of, and then returning these materials to the economic mainstream in the form of raw materials for use or reuse as new, used, or reconstituted products which meet the quality standard necessary to be used in the marketplace as defined in Public Resources Code Section 40180. "Recycling" does not include burning, incinerating, or thermally destroying Solid Waste, as defined in Public Resources Code Section 40201. The City shall specify additional materials covered under this chapter at its discretion.
"Refuse11 shall have the same meaning as "Solid Waste. 11 55452.01500\34851218.3 4-19-22 / 40(1 )-11
"Refuse Container" has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Refuse or Solid Waste. "Route Review" means a visual Inspection of Containers along a Hauler Route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982{a)(675). "SB 1383" means Senate Bill 1383 (Chapter 395, Statutes of 2016). "SB 1383 Regulations" means the Short-Lived Climate Pollutant.s: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR. "Self-Hauler" means a Person, who hauls Solid Waste, Recyclable Materials, or Organic Waste, that he or she has gener~ted to an appropriate processing facility. Self-Hauler also includes a person who Back-Hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). "Back-Haul" means generating and transporting Organic Waste to a destination owned and operated by the Generator using the Generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A). "Solid Waste" shall mean and include all discarded putrescible and nonputrescible Solid, semisolid, and liquid Wastes, including garbage, trash, Refuse, rubbish, construction waste, Yard Waste, demolition debris, industrial waste, Organic Waste, Bulky Items, and any other discarded Solid, semisolid, and liquid Waste permitted to be disposed of at a Class Ill landfill and which is included within the definition of "Nonhazardous Solid Waste" set forth in the California Code of Regulations, as amended.
"Solid Waste Enterprise" shall mean any individual, partnership, joint venture, unincorporated private organization, or private corporation regularly engaged in the business of providing Solid Waste Handling Services.
"Solid Waste Handling Services" shall mean the collection, transportation, storage, transfer, disposal or processing of Solid Waste for compensation. "State" means the State of California.
"Temporary bin/roll-off service" shall mean on-call Solid Waste Handling Services provided on an as-needed and temporary basis by use of temporarily-placed Bins, regardless of whether or not such Bins are actually placed upon any street or property within the City or left attached to the vehicle used to transport such Bins.
"Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one or more of the following:

1. Supermarket.

2. Grocery Store with a total•facility size equal to or greater than 10,000 square feet.

3. Food Service Provider.

4. Food Distributor.

5. Wholesale Food Vendor.
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"Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one or more of the following:

1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

2. Hotel with an on-site Food Facility and 200 or more rooms.

3. Health facility with an on-site Food Facility and 100 or more beds.

4. Large Venue.

5. Large Event.

6. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

7. A Local Education Agency facility with an on-site Food Facility. "Wholesale Food Vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and.vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76). "Yard Waste" means Organic Waste generated from the maintenance or alteration of landscapes including, but not limited to, yard clippings, leaves, tree trimmings, prunings, brush, and weeds.

8.28.020 Required Use of Containers-Overflows Prohibited.

A. Minimum Requirements. The City Manager, or designee, shall have the authority to establish, on a case by case basis, a minimum Container requirement for Refuse, Recyclable Materials, and Organic Waste.

B. Placement of Solid Waste. Unlawful depositing of Solid Waste on public or private property. Every Customer receiving Solid Waste Handling Services within the City shall place all Solid Waste intended for collection in Containers supplied for that purpose by the City or the Franchise Hauler.

It shall be unlawful to place, deposit, abandon, or dump, or caused to be placed, deposited, abandoned or dumped, any Solid Waste, or other waste material not meeting the definition of Solid Waste, in or up on any public highway, road or alley, including any portion of the right-of-way thereof, or upon any public beach, public park, the City pier, or any other public property owned, operated or maintained by the City, or upon any private property in the City except: {i) in a Container, for the purpose of being collected and disposed by the City or the Franchise Hauler, in accordance with the provisions ofthis Code; or (ii) in a private receptacle, in cases where a person or entity is appropriately providing for its own Solid Waste collection and disposal without the use of a Solid Waste Enterprise.

C. Overflows Prohibited. No Customer shall cause or permit any Container to be overfilled.

For purposes of this section, "overfilled" shall mean filled or loaded in such a manner so as 55452.01500\34851218.3
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to prohibit the lid of the Container from closing completely. Every Customer shall be responsible for placing Solid Waste, including Recyclable Materials or Organic Waste, in the appropriate Container(s) and placing the Container(s) at the location required under Section 8.28.040 of this chapter for Collection. No Customer shall cause or allow Solid Waste, including Recyclable Materials or Organic Waste, to be stored for Collection in any location other than inside a completely closed Container.

8.28.021 Exception-Bulky Items.

Notwithstanding Section 8.28.020.B, Bulky Items need not be kept, stored, or placed for collection in Containers.

In addition to the foregoing, it shall be unlawful for any owner, tenant, or occupant of property within the City to allow any Bulky "Items to be placed, deposited, abandoned, dumped, or maintained on any public or private street, alley, sidewalk, or right-of-way adjacent to said person's property or on any portion of said person's property that is visible from any public or private street, alley, sidewalk, or· right-of-way, excepting only that it shall be permissible to place or deposit said Bulky Items for a scheduled collection in the locations and at the times_ authorized pursuant to Section 8.28.040.

8.28.030 Reserved.

8.28.040 Containers-Placement for Collection-Restrictions on Storage; Penalty for Violations.

Customers shall place Containers and all Bulky Items for which a scheduled Collection has been arranged adjacent to the curb along the street in front of their Premises or, if no curb exists, either adjacent to the main traveled portion of the street fronting their Premises or in the alley in the rear of the property. Notwithstanding the above, any Customer receiving Solid Waste Handling Services at a Premises having a rear exit onto an alley which has access to streets at each end thereof, shall place Containers and all Bulky Items for which a scheduled collection has been arranged in such alleys. All Containers used by and/or for a Customer and all Bulky Items placed in connection with a scheduled Collection shall be grouped together when placed in the appropriate Collection location and shall be placed out for Collection-no earlier than 5:00 p.m. of the day prior to the day fixed for Collection. Within 24 hours after Collection has been made, all Containers and any uncollected Solid Waste (including Bulky Items) shall be removed by each Customer (or, as to Bulky Items, the owner, tenant, or occupant of the property) from the place of pick up and placed upon the Customer's property so Containers are substantially hidden from view from any public street or alley. "Substantially hidden" means that each Container must at minimum be placed behind a permanent wall, fence, or similar structure that is not less than the height of the Container.

At the City's discretion, the first violation of any provision of Sections 8.28.020-8.28.052 of this Chapter 8.28 may be addressed by placement (by the City or its agent) of a written warning sticker on the Container or Bulky Item, as applicable, and/or by mailing a written warning notice to the property owner (as identified on the County Assessor's records) 55452.01S00\348S1218.3
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informing the Customer, property owner, tenant, or occupant, as applicable, of the nature of the violation and of said person's responsibility to ensure that his or her property (and, if applicable, the adjacent public or private street, alley, sidewalk, and right-of-way) is maintained in a manner consistent with this chapter, and of the penalty for failing to do so in the future; provided, however, that the City may elect to prosecute violations of this chapter without first issuing such a warning notice. Every violation of Sections 8.28.020-8.28.052 of this Chapter 8.28 shall result in the issuance of a citation to the Customer and/or to the property owner, tenant, or occupant, as applicable, in the amounts listed in Section 8.28.210(C).

8.28.041 Exemptions from Container Storage Requirements.

Any Customer or property owner who believes he or she cannot reasonably satisfy the post-collection Container placement requirements contained in the preceding Section 8.28.040 may request an exemption from the Utilities Director, or designee, by submitting to the Utilities Director a written request specifying the reasons he or she believes an exemption from .the post-collection placement requirements is necessary. Upon review of the request, the Utilities Director may grant the exemption if he or she determines that, due to factors including, but not limited to, the existing physical layout of the applicant's property or the property's topography renders it physically impossible to satisfy the above post-collection Container placement requirements or that to do so would cost in excess of $1,000.00.

8.28.050 Arrangements for Solid Waste Collection and Disposal.

A. The owner, occupant, or person in control of every Premises in the City shall cause Solid Waste generated or accumulated on such premises to be collected and lawfully_ disposed by the City or the Franchise Hauler or by his or her own efforts.

D. Transfer of Solid Waste from Premises to Premises is not allowed except when the same person manages at least one valid Solid Waste service account between which Solid Waste will be transferred. Any Person found in violation may be required to pay for Solid Waste service at all Premises with which that Person is associated.

E. Rate Structure. The rates charged by the exclusive Franchise Hauler for the Solid Waste Handling Services shall be as set forth in the schedule of rates and charges which shall be mutually agreed upon by the City and the exclusive Franchise Hauler in the exclusive Solid Waste Handling Services contract.

F. Rate Increases. Annual rate increases may be granted as set forth in the exclusive Solid Waste Handling Services contract between the City and the exclusive Franchise Hauler. In the event of an annual increase, the City's Solid Waste Coordinator shall annually publish a revised schedule of rates and charges for Solid Waste Handling Services.

8.28.051 Unauthorized Containers.

No person other than the City or the Franchise Hauler shall place or collect a r Container on any property or street within the City for the purpose of providing Solid Waste Handling Services, except as follows:
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A. The Collection, transportation, Recycling, and disposal of any Solid Waste which is transported to an appropriate disposal facility by the Generator (but not including any agent, representative, or contractor of such Generator) pursuant to the Self-Hauler provisions under Section 8.28.180.

C. The sale or donation of Source Separated Recyclable Materials and/or Source Separated Organic Materials by the Generator to any person or entity, provided that to·the extent permitted by law, if the Generator is required to pay monetary consideration for the Collection, transportation, transfer, or processing of Recyclable Materials and/or Source Separated Organic Materials, the fact that the Generator receives a reduction or discount in price (or in other terms of the consideration the Generator is required to pay) shall not be considered a sale or donation.

D. The collection, transportation, or disposal of Yard Waste by a gardener, or landscaper, as part of the gardening or landscaping services provided to its Customers, provided that such Yard Waste is taken to a legal place for Composting, diversion, or disposal.

E. Use of special water-tight Bins specifically designed for concrete wash out, provided such Bins are used only for actual concrete wash out and not to collect or transport broken up dried concrete or other debris or Solid Waste.

F. Non-Profit Charities. Non-profit charities registered with the attorney general of the state periodically accepting donations of Recyclables may transport the Recyclables, provided that the charity transport the Recyclables to a Recycling Facility and that charity volunteers and employees comply with the provisions of this chapter and with any other governing laws.

G. For transport only, any person may haul Solid Waste generated and collected in other jurisdictions over City streets provided they comply with the provisions of this chapter and with any other governing laws, and provided further that they do not engage in any Solid Waste Handling Services within the City.

H. Document Destruction Companies. Companies whose primary purpose is the destruction of documents/records that, incidental to this purpose, collect paper and deliver such paper, after shredding/destruction, to a Recycling Facility, are not required to obtain a Solid Waste and Recycling permit to transfer and Recycle this material.

8.28.052 Removal of Unauthorized Containers on Public Property.

The Utilities Director, or designee, or the franchise hauler acting as the agent of the City, may cause the posting of a notice to remove in a conspicuous place on any Container deposited, placed or left on any public property within the City in violation of this chapter. Any such notice shall specify the nature of the violation, and shall state that the Container must be removed within 24 hours or it may be removed and stored by the City or the franchise hauler, and the contents disposed of, at the expense of the owner. The posting of a notice to remove shall constitute constructive notice to the owner and the user of the requirementto remove the Container.
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Subject to the following paragraph, if the Container is not removed within 24 hours after the notice to remove is posted, the Utilities Director may remove or direct the Franchise Hauler to remove and store the Container and dispose of its contents. The owner of the Container shall be responsible to reimburse the City or the Franchise Hauler (as applicable) for the actual cost of the removal, storage, and disposal, and all amounts due shall be paid before the Container may be returned to the owner. Such-amounts shall constitute a debt owed by the owner to the City or the Franchise Hauler (as applicable) and the owner shall be liable to the City or the Franchise Hauler in an action brought by the City and/or the Franchise Hauler for the recovery of such amounts.

If the identity of the owner of a Container that has been removed pursuant to this section is known to the City or the Franchise Hauler, the City or the Franchise Hauler shall promptly cause notice to be mailed to the owner to claim the stored property. If the Container is not claimed within 45 days after removal and notice to the owner, or 30 days after removal if the identity of the owner is unknown to the City or the Franchise Hauler, the Container shall be deemed abandoned property and may be disposed of accordingly.

After a Container has once been removed by the City or the Franchise Hauler pursuant to a notice to remove posted in accordance with this section, the owner thereof shall be deemed to have actual notice of the provisions of this chapter, including the prohibition against the deposit, placement, or leaving of unauthorized Containers on property in the City. In the event of a subsequent deposit, placement or leaving of a Container owned by the same owners, or an affiliate of the owner, on public property within the City, the Utilities Director may immediately, without posting of a notice to remove, remove or direct the Franchise Hauler to remove and store the unlawfully placed Container without the requirement that a notice be posted on the Container. All other portions of this section shall continue to apply . .. Notwithstanding any other provisions of this chapter to the contrary, the Utilities Director is authorized to direct the immediate removal by the City or the Franchise Hauler, without notice, of any Container placed on public property within the City in violation of this chapter where the owner of the Container is unidentified and cannot be ascertained by an inspection of the Container.

8.28.060 Permissible Collection Hours.

It shall be unlawful to provide Solid Waste Handling Services in areas of the City zoned for Residential use between the hours of 7:00 p.m. to 7:00 a.m. It shall be unlawful to provide Solid Waste Handling Services in areas of the City zoned for other than Residential use between the hours of 7:00 p.m. to 6:00 a.m.

8.28.070 Construction of Enclosures.

As a condition for the issuance of building permits and certificates of occupancy for the construction of any new Residential or Commercial structures, except for Single-family Residences, the applicant shall be required to construct a paved Solid Waste enclosure. Said enclosure shall be large enough to house the Containers required for use by Customers subject to this chapter. The Solid Waste enclosure shall conform to all height and setback requirements 55452.01500\34851218.3
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of the zoning district in which it is located and shall be subject to approval of the Building and Planning Department as to its location and design. The purpose of this enclosure shall be to screen Containers from public view between Collection dates. Once constructed, Solid Waste enclosures shall be used and maintained in good condition.

8.28.080 Burning of Solid Waste, Fertilizer, etc.

No person shall burn, nor allow to be burned, fertilizer, Solid Waste, or other waste material not meeting the definition of Solid Waste, in the City . . 8.28.090 Reserved.

8.28.100 Building Contractors to Leave Areas Clean.

All owners, contractors, and other builders of structures shall, upon the completion of any such structure, gather up and haul away, either through their own efforts or through the use of a Solid Waste Enterprise lawfully operating within the City, at their sole cost and expense, all Solid Waste of every nature, description or kind, which has resulted from the building of such structure, including all C&D Debris, scraps of lumber, shingles, plaster, brick, stone, concrete, and other building material, and shall leave the lot and all nearby premises utilized in such construction in a sightly condition. During the course of construction, all Solid Waste accumulated or generated on the site shall be placed, kept, and stored for Collection and disposal in Containers, or private receptacles on the construction site. All adjacent streets and properties shall be kept free of Solid Waste, including but not limited to C&D Debris, generated on the job site at all times.

8.28.110 Accumulation of Solid Waste, etc., Declared Nuisance.

The accumulation of Solid Waste by any Person beyond the period of one week or in any manner other than as specified in this article and Chapter 8. 76 of this Code is declared to be a nuisance pursuant to Government Code Section 38771. Summary abatement of such nuisances may occur pursuant to Chapters 8.52 and 8.76.

8.28.120 Unsanitary Conditions;· Duty to Remove and Abate Unsanitary, Unhealthful .

Substances.

The owner, occupant, and/or person in control of every Premises in the City shall maintain covers on all Containers, or private receptacles utilized to collect or store Solid Waste on their Premises, to keep the same in a sanitary, healthful condition and to keep the area directly around the Container, or private receptacles in a clean, and sanitary manner. In the event Containers, receptacles or the Collection area of any Premises are determined to be in an unhealthful or unsanitary condition by the Utilities Director, a notice to clean in accordance with Section 8. 76.050 shall be issued to the owner, occupant, or person in control of the Premises.

8.28.130 Requirements for Single-Family Generators.

A. Single Family Organic Waste Generators shall comply with the following requirements:
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1. Subscribe to the City's three-Container Collection services. The City shall have the right to review the number and size of a Generator's Containers to evaluate adequacy of capacity provided for each type of Collection service for proper Source Separation and containment of materials; and Single-Family Generators shall adjust their service levels for their Collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste through backyard Residential Composting, and/or using a Community Composting site.

2. Participate in the City's three-Container Collection service(s) by placing Source Separated Organic Waste, including Food Waste, in the Organic Waste Container, all Recyclable Materials in the Recyclable Materials Container, and Refuse in the Refuse Container. Generator shall not place materials designated for the Refuse Container into the Organic Waste Container or Recyclable Materials Container, nor materials designated for the Organic Waste Container or Recyclable Materials Container, respectively, into the Refuse Container.

8.28.140 Requirements for Commercial Businesses.

A. Commercial Businesses, including Multi-Family Residential Dwellings, shall comply with the following requirements:

1. Subscribe to the City's three-Container Collection services and comply with requirements of those services as described below in Section 8.20.140(A)(2), except Commercial Businesses that meet the Self-Hauler requirements of this chapter. The City shall have the right to review the number and size of a Generator's Containers to evaluate adequacy of capacity provided for each type of Collection service for proper Source Separation and containment of materials; and Commercial Businesses shall adjust their service levels for their Collection services as requested by the City.

Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste through backyard Residential Composting, and/or using a Community Composting site.

2. Except Commercial Businesses that meet the Self-Hauler requirements of this chapter, participate in the City's three-Container Collection services by placing Source Separated Organic Waste, including Food Waste, in the Organic Waste Container; Source Separated Recyclable Materials in the Recyclable Materials Container; and Refuse in the Refuse Container. Generator shall not place materials designated for the Refuse Container into the Organic Waste Container or Recyclable Materials Container, 55452.01500\34851218.3
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nor materials designated for the Organic Waste Container or Recyclable Materials Container, respectively, into the Refuse Container.

3. Supply and allow access to adequate number, size, and location of Collection Containers with sufficient labels or colors (conforming with Sections 8.20.140(A}(4)(i) and 8.20.140(A)(4)(ii) below) for employees, contractors, tenants, and Customers, consistent with City's Recyclable Materials Container, Organic Waste Container, and Refuse Container Collection service or, if Self-Hauling, per the Commercial Businesses' instructions to support its compliance with its Self-Haul program, in accordance with this chapter.

4. Excluding Multi-Family Residential Dwellings, provide Containers for the collection of Source Separated Refuse, Source Separated Organic Waste, and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal Containers are provided for Customers, for materials generated by that business. Such Containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of Container, then the business does not have to provide that particular Container in all areas where disposal Containers are provided for Customers. Pursuant to 14 CCR Section 18984.9(b), the Containers provided by the business shall have either:
(i) A body or lid that conforms with the Container colors provided through the Collection service provided by the City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies confonr1ing to color requirements. A Commercial Business is not required. to replace functional Containers, including Containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those Containers, or prior to January 1, 2036, whichever • comes firs{
(ii) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that Container, or Containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the Container.

Pursuant to 14 CCR Section 18984.8, the Container labeling requirements are required on new Containers commencing January 1, 2022.

5. Multi-Family Residential Dwellings are not required to comply with Container placement requirements or labeling requirements in Section 8.20.140(A)(4) pursuant to 14 CCR Section 18984.9(b).
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6. To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a Container not designated for those materials per the City's Recyclable Materials Container, Organic Waste Container, and Refuse Container Collection service or, if Self-Hauling, p~r the Commercial Business' instructions to support its compliance with its Self-Haul program, in accordance with this chapter.

7. Excluding Multi-Family Residential Dwellings, periodically inspect Recyclable Materials Container, Organic Waste Container, and Refuse Container for contamination and inform employees if Containers are contaminated and of the requirements to keep contaminants out of those Containers pursuant to 14 CCR Section 18984.9(b)(3}.

8. Annually provide information to employees, contractors, tenants, and Customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Organic Waste and Source Separated Recyclable Materials.

9. Provide ed~cation information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Organic Waste and Source Separated Recyclable Materials separate from Refuse (when applicable} and the location of Containers and the rules governing their use at each property.

10. Provide or arrange access for the City or its Designee to their properties during all Inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter.

11. If a Commercial Business wants to Self-Haul, it must meet the Self-Hauler requirements in this chapter.

12. Nothing in this Section prohibits a Generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c}.

13. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements pursuant to this chapter.

8.28.150 Waivers for Generators.

A. De Minim is Waivers. The City may waive a Commercial Business' obligation (including that of a Multi-Family Residential Dwelling) to comply with some or all of the Organic Waste requirements of this chapter if the Commercial Business provides documentation that the 55452.01500\34851218.3
4-19-22 / 40(1 )-21
business generates below a certain amount of Organic Waste material as described in Section

8.28.150(A)(2) below. Commercial Businesses requesting a de minimis waiver shall:

1. Submit an application specifying the services from which they are requesting a waiver and provide documentation as noted in Section 8.28.150(A)(2) below.

2. Provide documentation that either:
i. The Commercial Business' total Solid Waste collection service is two {2) cubic yards or more per week and Organic Waste subject to collection in an Organic Waste Container comprises less than twenty (20) gallons per week per applicable Container of the business' total waste; or
ii. The Commercial Business' total Solid Waste collection service is less than two (2) cubic yards per week and Organic Waste subject to collection in an Organic Waste Container comprises less than ten (10) gallons per week per applicable container of the business' total waste.

3. Notify the City if circumstances change such that Commercial Business' Organic Waste exceeds the threshold required for waiver, in which case waiver will be rescinded.

4. Provide written verification of eligibility for de minimis waiver every five (5) years, if the City has approved de minimis waiver.

B. Physical Space Waivers. The City may waive a Commercial Business' or property owner's obligations (including those of a Multi-Family Residential Dwelling) to comply with some or all of the Recyclable Materials and/or Organic Waste Collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrc!ting that the premises lacks adequ~te space for the Collection Containers required for compliance with the Organic Waste collection requirements of Section 8.28.140.

A Commercial Business or property owner may request a physical space waiver through the following process:

1. Submit an application form specifying the type(s) of Collection services for which they are requesting a compliance waiver.

2. Provide documentation that the premises lacks adequate space for Recyclable Materials Containers and/or Organic Waste Containers, including documentation from its hauler, licensed architect, or licensed engineer.
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3. Provide written verification to the City that it is still eligible for a physical space waiver every five (5) years, if City has approved application for a physical space waiver.

C. Collection Frequency Waiver. The City, at its discretion and in accordance with 14 CCR Section 18984.11(a}(3), may allow the owner or tenant of any residence, premises, business establishment, or industry that subscribes to the City's three-Container Collection service to arrange for the collection of their Recyclable Materials in a Recyclable Materials Containe_r, Refuse in a Refuse Container, or both once every fourteen (14) days, rather than once per week.

D. Review and Approval of Waivers by the City. The Utilities Director, or designee, will be responsible for review and approval of waivers.

8.28.160 Requirements for Commercial Edible Food Generato~s.

A. Tier One Commercial Edible Food Generators must comply with the requirements of this section, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024.

B. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this section, commencing January 1, 2024.

C. Commercial Edible Food Generators shall comply with the following requirements:

1. Arrange to recover the maximum amount of Edible Fc:iod thatwould otherwise be disposed.

2. Enter into a written agreement with Food Recovery Organizations or Food Recovery Services for:
i. The collection of Edible Food for Edible Food Recovery from the Tier One or Tier Two Commercial Edible Food Generator's Premises; or, ii. The acceptance of Edible Food that the Tier One or Tier Two Commercial Edible Food Generator Self-Hauls to the Food Recovery Organization.

3. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.

4. Allow the City's designated Enforcement Officer or Designee to access the Premises and to review records pursuant to 14 CCR Section 18991.4. 55452.01500\34851218.3
4-19-22 I 4D( 1 )-23

5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
i. A list of each Food Recovery Service or Food Recovery Organizati"on that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3{b).
ii. A copy of all contracts or written agreements established under 14 CCR Section 18991.3{b ).
iii. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
a. The name, address, and contact information of the Food Recovery Service or Food Recovery Organization.
b. The types of Edible Food that will be collected by, or Self-Hauled to, the Food Recovery Service or Food Recovery Organization. c. The established frequency that Edible Food will be collected or SelfHauled. d. The quantity of Edible Food, measured in pounds recovered per month, collected or Self-Hauled to a Food Recovery Service or Food Recovery Organization for purposes of Food Recovery.
iv. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 (Chapter 285, Statutes of 2017) ..

8.28.170 Requirements for Food Recovery Organizations and Services.

A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators via a contract or written agreement established under 14 CCR Section 18991.3{b) shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5{a)(l):

1. The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.

2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
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3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.

4. The name, address, and contact information for each Food Recovery Organization for which the Food Recovery Service transports Edible Food for Food Recovery.

B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators via a contract or written agreement established under 14 CCR Section 18991.3(b) shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

1. The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edlble Food.

2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.

3. The name, address, and contact information for each Food Recovery Service from which the organization receives Edible Food for Food Recovery.

C. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall, no later than March 1, July 1, and September 1 of each calendar year, report to the City in which they are located the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators with which they have established a 'contract or written agreement pursuant to 14 CCR Section 18991.3(b).

D. In order to support Edible Food Recovery capacity planning assessments and other studies, Food Recovery Services and Food Recovery Organizations operating in the City shall, upon request, provide information and consultation to the City regarding existing or proposed new or expanded Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within sixty (60) days, unless a shorter timeframe is otherwise specified by the City.
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8.28.180 Provisions for Self-Haulers.

A. Nothing in this chapter shall preclude any Person, Solid Waste Customer, Commercial Generator, or Multi-Family Generator from Self-Hauling Recyclable Materials or Organic Materials generated by that entity to a solid waste facility suitable to receive the type(s) of waste hauled.

B. Self-Haulers shall:

1. Source Separate all Organic Materials generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a solid waste facility or a chipping/ grinding operation that processes or recovers source separated organic materials.

2. Source Separate all Recyclable Materials generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Recyclable Materials to a solid waste facility that recovers those materials.

3. Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record ofthe amount of Organic Materials delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the City. The records shall include . the following information:
i. Delivery receipts and weight tickets from the entity accepting the waste. ii. The amount of material in cubic yards or tons transported by the Generator to each entity.
iii. If the material is transported to an entity that does not have scales on-site, or employs scales incapable of.weighingthe Self-Hauler's vehicle in a.m~nner tb~t allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Materials.

4. Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall provide information collected pursuant to this section to the City if requested.

5. A Residential Organic Materials Generator that Self-Hauls Organic Materials is not required to record or report information as otherwise required by this Section. 55452.01500\34851218.3
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6. Notwithstanding the foregoing, Self-Haulers shall not dispose of any Solid Waste in any manner not permitted by this chapter. To do so is a violation of this chapter punishable as set out in Section 8.28.210.

7. Exemptions. The following activities and circumstances do not qualify as Self-Hauling under this chapter:
i. Yard Waste removed from a Premise by a gardening, landscaping, or treetrimming contractor having a City business license and as an incidental part of a total service offered by that contractor other than as a disposal service, and tree trimmings, clippings, and all similar materials generated at parks and other publicly-maintained Premises;
ii. Construction and Demolition Debris removed from a Premise by a licensed contractor as an incidental part of a total service offered by that contractor other than as a disposal service;
iii. The collection of Hazardous Material or dangerous waste as part of a Hazardous Material collection activity authorized by the Orange County Environmental Health Division, including, without limitation, liquid and dry caustics, acids, bio-hazardous, flammable, or explosive materials, insecticides, and similar substances; and
iv. Recyclable Materials and Organic Materials generated at any Premises or place of business and which are transported personally by the owner or occupant of such Premises (or by his or her full-time employees) to a Solid Waste or Recycling facility in a manner consistent with this chapter and other applicable laws.

8.28.190 Requirements for Haulers and Facility Operators.

A. Requirements for Haulers.

1. Haulers shall meet the following requirements and standards as a condition of approval of a permit or other authorization with the City to collect Organic Materials. i. Through written notice to the City annually on or before July 1, identify the facilities to which they will transport Organic Materials, including facilities for Source Separated Recyclable Materials and Source Separated Organic Waste.· ii. Transport Source Separated Recyclable Materials, Source Separated Organic Waste, and/or Source Separated Refuse to a facility, operation, activity, or S54S2.01500\348S1218.3
4-19-22 I 4D( 1 )-27
property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
iii. Obtain approval from the City to haul Organic Materials, unless it is transporting Source Separated Organic Materials to a Community Composting site or lawfully transporting Construction and Demolition debris.

2. Each Hauler authorized to collect Organic Materials shall comply with education, equipment, signage, Container-labeling, Container color, Container Contamination monitoring, reporting, and other requirements contained within its agreement entered into with the City.
i. Owners of facilities, operations, and activities that recover Organic Materials, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly~owned treatment works shall, upon the City's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within sixty (GO) days.
ii. Community Composting operators, upon the City's request, shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Materials anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within sixty (60) days.

B. Solid Waste Collectors shall keep separate Recyclable Materials, Organic Materials, and other Refuse that has been Source Separated into Containers by Generators.

C. Solid Waste Collectors shall ensure that Source Separated Recyclable Materials are delivered to a Recycling facility and that Source Separated Organic Materials are delivered to an Organic Waste processing facility.

D. Within five (5) days of request by the City, Solid Waste Collectors shall provide progress reports providing the following information, at a minimum:

1. The total number of Solid Waste Customers to whom the Solid Waste Collector currently provides Recyclable Materials, Organic Materials, and other Solid Waste Collection services within the City's boundaries;

2. For each Solid Waste Customer, the account name, identifying number, primary contact, phone number, billing address, and service address; 55452.01500\34851218.3
4-19-22 / 40(1 )-28

3. Information on the type of Cqllection service provided, such as Recyclable Materials, Organic Materials, and other Solid Waste services;

4. The weekly volume and type of collection service provided, including the number, type, and size of Containers serviced and the days of service for each Container;

5. Name and location of the Solid Waste facilities where materials are delivered for processing;

6. List of accounts not in compliance with this chapter, including whether they are excluded or exempt based on the exemptions in Section 8.28.150.

8.28.200 Inspections and Investigations.

A. City Enforcement Officer and/or its Designee are authorized to conduct Inspections and investigations, at random or otherwise, to confirm compliance with and enforce the provisions of this chapter.

B. City representatives and/or its designated entities, including Designees, are authorized to conduct Inspections and investigations, at random or otherwise, of any Collection Container, Collection vehicle loads, or transfer, processing, or disposal facilities for materials collected from Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, Self-Haulers, Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws.· C. The regulated entity shall provide or arrange for access during all Inspections and shall cooperate with the City Enforcement Officer or Designee during such Inspections and investigations. Such Inspections and investigations may include Edible Food Recovery activities, records, or any other requirement described herein. Failure to provide or .arrange for: (1) access to an entity's Premises; or (2) access to records for any Inspection or investigation is a violation of this chapter and may result in penalties described in Section 8.28.210. Notwithstanding the foregoing, City Enforcement Officer and/or its Designee are not authorized to enter into the interior of any Residence in order to conduct Inspections and investigations under this chapter.

D. Any records obtained by the City during its Inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6520 et seq.

E. City Enforcement Officer and/or its Designee are authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
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F. City shall receive written complaints from Persons regarding an entity that may be potentially non-compliant with the SB 1383 Regulations, including through the receipt_ of anonymous complaints. Franchise Haulers shall relay to City in writing all written complaints they receive concerning acts or omissions of themselves or another entity that is potentially non-compliant with the SB 1383 Regulations, including anonymous complaints.

8.28.210 Violations.

A. Violation of any provision of this chapter shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by an Enforcement Officer. Enforcement Actions under this chapter include issuance of an administrative citation and assessment of a fine. The City's procedures on imposition of administrative fines are set forth in Chapter 1.20, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant hereto, except as otherwise indicated.

B. The City may seek all other remedies allowed by law, including civil action or prosecution for an alleged misdemeanor or infraction. City may pursue civil actiqns in the California courts to seek recovery of unpaid administrative citations.

C. Penalty Amounts for Types of Violations, to be implemented beginning on May 1, 2023.

1. For a first violation, the amount of the penalty shall be $50 per violation.

2. For a second violation, the amount of the penalty shall be $75 per violation.

3. For a third or subsequent violation, the amount of the penalty shall be $100 per violation.

4. The penalties shall be consistent with Government Code section 36900.

D. The City may extend the compliance deadlines set forth in a Notice of Violation if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

2. Delays in obtaining discretionary permits or other government agency approvals; or,

3. Deficiencies in Edible Food Recovery <;:apacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies. 55452.01500\34851218.3
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E. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected· violation under this chapter may request a hearing to appeal the Citation pursuant to Section 1.20.080, as it may be amended from time to time.

F. Education Period for Non-Compliance. Through December 31, 2023, the City will conduct Inspections to determine compliance, and if the City determines that a Generator, Self-Hauler, Hauler, Tier One Commercial Edible Food Generator, Food Recovery Service, Food Recovery Organization, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

G. Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the City determines that a Tier One Commercial Edible Food Generator, Tier Two Commercial Edible Food Generator, Food Recovery Service, Food Recovery Organization, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to this chapter.

H. This chapter shall be interpreted to be consistent with the City's regulatory authority, and shall only apply to Local Education Agencies and other entities to the extent permitted by law, including the SB 1383 Regulations.
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4-19-22 I 4D(2)
ORDINANCE NO. 1729

AN ORDINANCE OF THE CITY COUNCIL OF SAN
CLEMENTE, CALIFORNIA ADDING CHAPTER 8.14

TO THE SAN CLEMENTE MUNICIPAL CODE

REGARDING MINIMUM STAFFING FOR FIRE
EMERGENCY RESPONSE VEHICLES .AND

FINDING THE ORDINANCE NOT SUBJECT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, , the City of San Cleme.nte ("City") is located in a semi-arid Mediterranean type climate and annually experiences extended periods of high temperatures with little or no precipitation; and
WHEREAS, hot, dry (Santa Ana) winds; which may reach speeds of 70 m.p.h. or greater, are common to the City and surrounding region; a,nd_ WHEREAS, the above climatic conditions can cause extreme drying of vegetation and common building materials which, collectively, predispose the City and surrounding region to large destructive fires; and
WHEREAS, for instance, two brush fires broke· out on October 26, 2020: the Silverado Fir.e (off of SR-241 in the Irvine area) and the Blue Ridge Fire (north of Hwy 91 in Yorba Linda). According to CalFire, the Blue Ridge Fire burned at least 13,694 acres, • • destroyed one structure and damaged 10. The Silverado Fire burned 12,466 acres, destroyed five structures and damaged nine. (City News Service, "Blue Ridge and Silverado Fires in QC Nearly 100% Contained," NBC Los Angeles, November 5, 2020); and
WHERl;AS, the City of San· Clemente (''City") is a city organized under the laws of the State of California, with a duty and interest in protecting the public health, safety, and welfare within the Cio/; and •
WHEREAS, since 1994, the City has. contr~cted with the Orange County Fire Authority ("OCFA") for fire protection services; and
WHEREAS·, while the City's population has increased since 1994, the number of fire stations in the City has not; the City continues to be served by three -fire stations, which are as foUows: (1) f.ire Station SO - 670 Camino de Los Mares; (2) Fire Station 5~ - 59 Avenida La Pata; and (3) Fire Station 60 -121 Avenida Victoria; and· . .

WHEREAS, OCFA reports th·at it has seen a 95% increase in call volume since 2ooo;and
WHEREAS, OCFA has requested that the City codify ·a requirement that all fire emergency response vehicles be staffed with a minimum of four-person crews; and 55452.01100\34963733.2·
4-19-22 I 4D(2)-1
'
• 1
•·
4 WHEREAS, OCFA's request is based on its observation that crews of four can operate more safely and efficiently than crews of three; and WHEREAS, OCFA's observations are consistent with a recent report by the National Institute of Standards and Technology 1 entitled 'iReport of Residential Fireground Field Experiments ("NIST Report"); and 2
WHEREAS, the NIST Report found, among other things, that "four-person crews • operating on a low-hazard structure fire completed all the tasks on the fireground (on average) seven minutes faster - nearly 30% - than the two-person crews. The fourperson crews completed the same number offireground tasks ( on average) 5.1 minutes faster - nearly 25% - than the three-pers~n crews;" and 3 WHEREAS, on February 22, 2022, the City's Public Safety Committee received a presentation from OCFA Chief Capobianco regarding a possible amendment to the San Clemente Municipal Code ("SCMC") t~at would require fire emergency response vehicles to be staffed by four-person crews. Thereafter, the Public Safety Committee recommend that the City Council adopt such an ordinance; arid .

WHEREAS, fire safety in the City is a topmost priority for the City Council; and WHEREAS, in light of the foregoing-and as requested by OCFA and· -recommended by the Public Safety Committee-this Ordinance amends the SCMC to add a requirement that all fire emergency response vehicles operated by OCFA be minimally staffed with four-person crews; and •
WHEREAS, in adopting this Ordinance, it is the City Council's intention to demonstrate its commitment to fire ·safety in the community and support for the City's OCFA partners; and •
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE, CALIFORNIA; DOES ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recit~ls. The recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.

SECTION 2. CEQA. The City Council finds that this Ordinance is not a . : "project" subject to the California Environmental Quality Act (CEQA). The Ordinance does not qualify as a project because it has no potential to result in. 1 National Institute of Standards and Technology is a physical sciences laboratory and non-regulatory agency of the United States Department of Commerce.
2 The NIST Report is available here: https:1/tsapps.nist.gov/publication/get pdf.cfm?pub id=904607 3 NIST Report at p. 42
55452.01100\34963 733.2
• 4-19-22 I 40(2)-2 •
either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, § 15378, subd. (a).) The language merely clarifies that existing fire crews shall be minimally staffed by four persons. In the alternative, the City Council f.inds that the Ordinance falls within the "common sense" exemption set forth in State CEQA Guidelines section 15061, subdivision (b)(3), which exempts activity from CEQA where "it. can be seen with certainty . that ther~ is no possibility that the activits, in question may have a significant effect on the environment." Here, it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment because the Ordinance simply clarifies that existing fire qrews shall be minimally staffed by four persons; the Ordinance will not result in any development or in any new activity with the potential to impact the environment.

SECTION 3. Code Amendment. Chapter 8.14 is hereby adde~ to Title 8 (Health and Safety) of the San Clemente Municipal Code and shall read in its entirety as follows: • • •
"Chapter 8.14 - Minimum Staffing for Fire Emergency Response Vehicles
Section 8.14.01 o - Minimum Staffing
All fire emergency response vehicles operated by the Orange County Fire Authority shall be minimally staffed with four-person crews." I SECTION 4. Publication. The City Clerk shall certify to the adoption of this ordinance and cause it, or a summary of it,. to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance . with California Government Code, section 36933.

SECTION 5. Records. The documents and materials associated with this ordinance that constitute _the record of proceedings on which the City Council's findings and determinations are based are located at City_ Hall, 91 O Calle Negocio, San Clemente, CA 92673.

SECTION 6. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, such invalidity has no effect on the other provisions or applications of the prdinance that can be given effect without. the invalid provision or application, and to this extent, the provisions of this ordinance are· severable. The City Council declares that it would ha\(e adopted this ordinance irrespective of the invalidity of any portion thereof.

SECTION 7. Effective Date. This Ordinance shall become effective 30 days after its adoption.
55452.01100\34963733,2
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i ,i
APPROVED AND ADOPTED this _day of ___ , 2022.

ATTEST: Gene James, Mayor
Laura Campagnolo, Legislative Administrator
)
\
l
55452.01100\34963733.2
l ·' I
I
4-19-22 / 40(2)-4 I
STATE OF <:;ALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, Legislative Administrator of the City of San Clemente, Californ!a, hereby certify that Ordinance No. . ~aving been regularJy introduced at the meeting of ________ ___. was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting· of the City Council held on the _day of _______ _. and said ordinance was adopted by ,he f9llowing vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _ day of --....,.--------' • Laura Campagnolo, Legislative Administrator
APPROVED AS TO FORM:
• City Attorney
55452.01100\34963733.2
4-19-22 / 40(2)-5
Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: April 19, 2022
City Manager
Jonathan Lightfoot, Economic Development Officer
Agenda Item 4 F( I)
Approvals:

City Manager ~ }p
Dept. Head --,,-,---
Attorney ('I
Finance -Y~

APPROVAL OF LEASE AGREEMENTS FOR CONCESSION OPERATIONS AT THE NORTH BEACH

DEPOT BUILDING
Fiscal Impact: Yes. If executed, this lease would provide a baseline of $12,000 in annual revenue.

Summary:

This is an increase of $8,400 annually from the prior lease agreement.

Following a comprehensive Request for Proposal (RFP) process, staff received proposals for operations at three city-owned buildings: the North Beach Depot Building, the North beach Concession Building, and the T-Street Concession Building.

At this time a draft lease for the Depot building is ready for consideration and is attached to this report. Staff recommends that the City Council authorize the mayor to execute this agreement with Bicycles San Clemente. This would be a continuation of an existing business under new ownership.

Due to improvement or alteration needs at the North Beach and T-Street concession buildings, staff is continuing to work with the prospective tenants on details of those leases, which will return at a future date.

Background: In 2021, the City commissioned a review of citywide concession operations. After reviewing that report1, Council directed staff to proceed with an RFP process for private operations at the T-Street, North Beach, and North Beach Depot locations.

The T-Street and Depot locations are currently occupied and operating, but on monthto-month terms. The North Beach location is currently vacant. Staff conducted an RFP seeking proposals for each of these locations based on a five year term with two threeyear extension options. The RFP was posted in November of 2021, wtth proposals due by January 17, 2022. In addition to posting the RFP on Planet Bids, the City's primary portal for bidding opportunities, staff also directly contacted twenty-eight local business owners and residents that had expressed an interest in the opportunity. Staff was also supported by the San Clemente Downtown Business Association and the San Clemente Chamber of Commerce, which shared the opportunity through to their members through their electronic newsletters. Staff provided access to the buildings for interested parties to view the spaces. Ultimately, one qualified proposal was received for each building. Staff conducted interviews with each proposer to review their conceptual business plan and improvements prior to composing draft lease agreements. Staff subsequently interviewed each proposer and has met with them to 1 https://www.san-clemente.org/home/ showpub lisheddocument/ 63 78 9 City Manager Agenda Report 4-19-22 / 4F(1)-1
Agenda Report Page2
discuss lease terms. At this time, the lease for the prospective tenant at the Depot building is ready for consideration. Staff is continuing to work with the prospective tenants of the North Beach and T-Street Concession buildings on the details of those lease agreements, which will return at a future date.

Discussion: North Beach Depot ("Passenger Services Building") Plan and Policy
The City entered into an agreement with Pete Van Nuys to lease and operate a bicycle rental service out of the North Beach Depot Building on June 1, 2010. That lease was renewed for an additional two year period in 2016, and then moved to a month-tomonth status in October of 2017. Under the original agreement, the building restrooms would be maintained by the tenant and open to the public. The City has been receiving a baseline rent of $300 per month.

Mr. Van Nuys decided against submitting a bid for this RFP, but has supported one of his long time employees, Austin Husband-Mckinnon, in preparing proposal to continue the bike rental business at the facility. The business name, website, and inventory will be sold to Mr. Husband-Mckinnon. The City did require a higher minimum rent as part of the RFP process, increasing the rent to $1 ODO/month. The business name would remain the same: Bicycles San Clemente. Staff recommends that the City Council authorize the Mayor to execute a lease (see draft in Attachment 1) with Bicycles San Clemente for a s:..year term, incl_uding two three-year options to extend.

Consistency: Approval of a concessions operations lease agreement would be consistent with the General Plan, including the goals and policies listed below, in that establishing a lease would help safeguard a City asset, the North Beach Depot Building, by ensuring ongoing revenue and providing a positive impact on the City's financial condition.

Recommended
• Goal: Establish and maintain an easily understood, transparent, and accountable municipal finance system that implements the Mission Statement, Vision, and Centennial General Plan, safeguards the City's assets ahd maintains the public's trust.
• Policy G-2.04. Critical Factors for Finances. On an ongoing basis, we identify critical factors which have, or are expected to have, an impact on the City's financial condition.

Action: STAFF RECOMMENDS THAT the City Council approve and authorize the Mayor to execute a Lease Agreement by and between the City of San Clemente and Bicycles San Clemente to operate out of the North Beach Depot building.

Attachments: 1. Draft Lease for the North Beach Depot Building with Bicycles San Clemente Notification: All qualified bidders to RFP
4-19-22 / 4F(1)-2

LEASE AGREEMENT
North Beach Depot Building
(Also known as "Passenger Services Building")
Austin Husband-Mckinnon, DBA Bicycles San Clemente
("TENANT")
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Mayl,2022
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LEASE AGREEMENT
This LEASE AGREEMENT (the "Lease") is dated for reference purposes as of the 1st day of May, 2022 (the "Effective Date"), by and between the CITY OF SAN CLEMENTE, a municipal corporation ("Landlord"), and Austin. Husband-Mckinnon, DBA Bicycles San Clemente ("Tenant"). Landlord and Tenant are sometimes collectively referred to herein as the "Parties" and individually as a "Party."
RECITALS:

A. Landlord is the owner and operator of that certain real property located in the City of San Clemente, California, described as the North Beach Depot Building (the "Landlord's Property'').

B. Landlord desires to lease to Tenant the L
Landlord's Property referred to herein as the Premises , rd' s Property or that portion of the
ant desires to lease the Premises
from Landlord, all subject to the terms and conditio t forth:
cov.
• In consideration of the fore g i ch are incorporated into this Lease by this reference, and the mutual covenant • ontained herein, and for good and valuable consideration, the receipt an~s • n f which is hereby acknowledged by both Landlord and Tenant, the Parties agree as ows:

TICLEI

SUMMARY O AMENTAL LEASE TERMS
Subject to the more complete statement of certain of the Lease terms and conditions elsewhere in this Lease (which more complete description shall prevail to the extent of any inconsistency or conflict with the provisions set forth in this Article I), the fundamental business terms of this Lease are summarized herein below:
(i) Landlord: City of San Clemente, a muajcipal corporation, and any successor to or assignee of City's fee ownership of the real property within which the Premises are located.
(ii) Tenant: Austin Husband-Mckinnon, DBA Bicycles San Clemente and any permitted assignee or transferee of Bicycles San Clemente leasehold interest in the Premises approved by Landlord in accordance with this Lease, as set forth in Article X. (iii) Premises: A building, known as the North Beach Depot building, located at 1900 N. El Camino Real at the intersection with Avenida Estacion.

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(iv) Term: A five year term between May 1, 2022 and April 30, 2027. (v) Options: The Landlord and Tenant may mutually agree elect to exercise up to two extensions of 3 years each.
(vi) Rent: The greater of One Thousand Dollars and Zero Cents ($1000.00) per month, or ten percent (10%) of Gross Sales ( as that term is defined in Article IV). ·Rent to be "triple net'.' to Landlord. (See Articles V, VII, and IX.). (vii) Security D@osit: One month's rent, which is One Thousand Dollars ($1000.00). (See also Article XV.)
(viii) Permitted Uses: The premises shall be used primarily for the rental of bikes and other similar recreational equipment. The following activities are also permitted:
(A) The rental of beach equipment, such as umbrellas, chairs, and surf boards.
(B) The sale of prepackaged r..l:d drinks
(C) The sale of bikes an ::~~-
(D) The servicin related equipment.
(ix) Business License: shall obtain and maintain a City Business License. Any contractors or rform approved work or services at the premises are likewise req • JIJJll!lill~i'Ju, ess license. (x) Hours of O eration: The business is required to
operate a minimum six ( 6 ours per day, six ( 6) days per week during the period betwe_en the Friday befo rial Day and the Monday on which Labor Day is observed.

Operator may elect to ope four ( 4) days per week for the remainder of the season. Days and Hours of operation shall be clearly posted at the front entry.

These hours of operation are the minimum hours only and are not intended to restrict the business from operation during other times. The minimum hours of operation do not apply during periods of inclement weather. (See Section 6.02.) (xi) Training and Educational Services: Tenant agrees to provide up to 12 hours of training or education for the public benefit in coordination with the City. One likely event is an annual bike rodeo to teach bike safety. Tenant also agrees to provide a location to share or distribute City materials regarding bike, beach, trail, or parking information.
(xii) filw: Tenant shall follow standard Zoning Code procedures to obtain any permits for new or modified signs. Tenant shall allow the Landlord to install or paint directiona1/informational signage or a mural on the premises indicating "North Beach" or similar. The Landlord is not obligated, however, to install such signage.

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(xiii) Addresses for Notices and Agents for Service of Process:

To Landlord: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attn: Economic Development Officer
To Tenant: Bicycles San Clemente
Attn: Austin Husband-Mckinnon
1900 N. El Camino Real
San Clemente, CA 92672

ARTICLE II

LEASE OF PREMISES
SECTION 2.01 GENERAL.

Subject to the terms and conditions set forth in tt..~e, Landlord hereby agrees to lease the Premises to Tenant and Tenant hereby agrees t~l t~ ~ses from Landlord.

SECTION 2.02 QUIET ENJOYMENT.

Landlord agrees that, subject to the r e ressly set forth in this Lease, Tenant, upon paying the Rent and performin te an covenants in this Lease required to be performed by Tenant, may quietly h , h enjoy the Premises during the Initial Term and any Extended Tenn, as applicable, -1Rlilrl,iJi.,ce or interruption by Landlord.

SECTION 2.03 AS-I~ .

From and after the Co ent Date (as that term is defined in Section 3.01 herein below), the Premises will be leas an as-is physical condition only except for any maintenance or improvement commitments specifically enumerated within Articles VII or VIII. By taking possession of the Premises, Tenant thereby aclmowledges the Premises are in good and tenantable condition for the purposes intended and that Tenant will not hold Landlord responsible for any repairs or improvements thereon except as may be expressly set forth herein. Furthermore, Tenant, at its sole cost and expense, shall keep and maintain the Property and all structures and improvements, fixtures, equipment, and personal property located within the Property, including without limitation internal plumbing fixtures, HV AC system, all doors, door frames, signage, utilities, lighting fixtures, outlets switches, controls, internal and external lighting components, walls, floors, and ceilings, in good order and first class condition, quality and repair and in accordance with all federal, state, county, municipal, and other governmental agencies having jurisdiction. The Landlord shall have responsibility to maintain the exterior structure of the building, e.g. roof, walkways, walls, exterior hardscape, external plumbing, etc.

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ARTICLE III
TERM
SECTION 3.01 COJ\IIMENCEMENT AND DURATION.

The "Initial Term" of this Lease shall commence on the "Commencement Date," which shall be May 1, 2022. Starting from 12:01 a.m. on the Commencement Date, the Initial Term shall be 5 years, ending April 30, 2027.

SECTION 3.02 OPTIONS TO EXTEND TERM OF LEASE.

SECTION 3.03 The Landlord and Tenant may mutually agree elect to exercise up to two extensions of 3 years each. The tenant shall submit notice of request to exercise their extension within 6 months of the end of the first term and first extension, as applicable. SURRENDER; HOLDING OVER.
ase, whether by lapse of time or
e Premises to Landlord, including
wned :fixtures and property timely
Upon the expiration or earlier termination of this
otherwise, Tenant agrees to peaceably yield up and surren all such improvements and trade fixtures ( except those T removed by Tenant pursuant to Section 8.02 of this
reasonable wear and tear and damage by casual
possession of the Premises after the Initial Te
) in d order, repair, and condition,
ed. In he event Tenant continues in
Extended Term with the consent of
Landlord, express or implied, but not pursua
a tenancy from month to month subject to all
.02, such holding over shall be deemed
d conditions of this Lease, and Tenant
asis as was in effect immediately prior to such
than thirty (30) days' written notice to Tenant,
-month tenancy or (ii) terminate the month-toshall pay rent in the same manner and holding over; provided, however, t
Landlord may (i) modify the terms
month tenancy (in which ev
Landlord). No holding ovev
to extend the Initial Term or a
all vacate the Premises and surrender the same to
w ther with or without Landlord's consent, shall operate exercised and effective Extended Term.

SECTION 4.01 AMOUNT OF RENT.

Rent shall be the greater of: (a) "Base Rent" for the Initial Term in an amount equal to One Thousand Dollars and Zero Cents ($1000.00),or (b) "Percentage Rent" in an amount equal to ten percent (10%) of Gross Sales for each calendar month in the Term (Base Rent and Percentage Rent are collectively referred to herein as "Rent"). Any Rent or other payments or charges due under this Lease for any fractional part of a calendar month shall be prorated based on the ratio that the number of days in that month during the Initial Term or Extended Term ( or holding over period, if applicable) bears to the total number of days in that month.

SECTION 4.02 TIME OF PAYMENT.

Tenant's obligation to pay Rent shall commence two months after the Commencement Date (herein, the "Rent Commencement Date"), which will be July 1, 2022 to allow for capital Error! Unknown document property name./062266-0200
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and facility investment, referred to as a "Build Out Period," and Tenant's obligations to pay Rent shall continue thereafter throughout the Initial Term, any Extended Tenn, and any holdover period.

Rent shall be due and payable on a monthly basis. Tenant shall pay Rent to Landlord no later than the tenth day of the month following the full or partial calendar month for which Rent is due. For example, Rent for the month of January is due and payable no later than February 10. It is understood and agreed that the ten-day grace period shall be used by Tenant for accounting and determining whether the Percentage Rent is greater than the Base Rent for the applicable month.

SECTION 4.03 CALCULATION OF PERCENTAGE RENT.

Throughout the Initial Tenn, any Extended Term, and any holdover period, Tenant shall calculate and record, for every full or partial calendar month, as applicable, the total Gross Sales.

If the Percentage Rent for the applicable month is greater than the Base Rent, Tenant shall pay the Percentage Rent for that month. If the Percentage Rent for the applicable month is less than the Base Rent, Tenant shall pay the Base Rent for that month. For purposes of this Lease, "Gross Sales" means all revenues, receipts, income, proceeds of sales, and compensation for services of every kind, including without limitation rentals or other fee r the usage of space and deposits not refunded, whether provided for ca~h or on credit, ed directly or indirectly from the business(es) on and operations on the Premises in an r plicable month. "Gross Sales" shall not include the occasional sale of fixtures d equip t by Tenant following their substantial use in the conduct of Tenant's operati u the Premises, sales and use taxes and similar taxes imposed on the sale of goods ~servi on the Premises, insurance proceeds, or credits or r~~bursements earned by Tenant • e returned to shippers, manufacturers, wholesalers, or suppliers.

SECTION 4.04 ACCOUNT .-..-.., S SALES.

At such time as Ten
shall be accompanied by an
and operations at the Premise
of the goods and services provide
andlord each monthly payment of Rent, such payment
ent showing the Gross Sales derived from all business
e applicable month, together with a detailed itemization well as any deductions or exclusions therefrom.

Tenant shall establish and install a system of bookkeeping records and accounts ("Accounts") to be used and maintained by Tenant to accurately and timely record the results of all transactions regarding Tenant's use, occupancy, business operations, and other activities of Tenant under this Lease consistent with the reporting requirements ofthis_Lease and the rights of Landlord hereunder to inspect and audit such activities and Accounts. The Accounts shall be established and maintained by Tenant in, such manner and with such segregation of such Accounts from any other business or activity of Tenant such that an examination of such Accounts may be conducted by persons external to Tenant (including without limitation Landlord or its representatives) to allow the examiner to determine if such Accounts have truly and accurately recorded the matters for which they were established and to determine if the periodic statements and reports to be submitted by Tenant hereunder truly, accurately, and completely reflect the fmancial matters to be so reported.

All business records of Tenant must be supported by source documents such as sales slips, invoices, billings, unbilled accounting documents, ledgers, bank deposit receipts, sales tax returns, Error! Unknown document property name./062266-0200
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cash register tapes, sales books, bank books, purchase invoices, contracts, and such other similar records and documents as may be reasonably necessary to verify the amount of Gross Sales and the basis of the calculations necessary for the determination of Percentage Rent hereunder.

In the event that Landlord consent~ to any sublease by Tenant or any other third party conduct of a business on the Premises, Tenant shall be responsible to ensure that each sublessee and/or other business occupant fully complies with the foregoing accounting and reporting procedures and any failure by any such sublessee or other business occupant to do so shall constitute a Default hereunder by Tenant to the same extent, and with the same consequences, as if said failure were a failure of Tenant itself. Without intending to limit the effect of the foregoing, Landlord's consent to any such sublease or other business occupancy is subject to the continuing condition that the sublessee or other business occupant, as applicable, shall properly account and report for its Gross Sales and upon any failure of the sublessee or other business occupant to do so, Landlord may revoke its consent previously given and require Tenant to take immediate action to terminate such sublease or other business occupancy.

Throughout the Initial Term, any Extended Term, any holdover period, Tenant shall cause to be completed a financial audit for the previous cal year ( or portion thereof if Tenant's business operations commence after January 1 of any c ar, or if this Lease shall terminate prior to the end of a calendar year) of all books, ds, an counts pertaining to Tenant's operations at the Premises (the "Annual Audit") ual Audit shall be completed and submitted to Landlord no later than thirty (30) days end of the full or partial calendar year for which the audit is being conducted. T dit shall be made by an independent certified public account~nt mutually agr d and Tenant, and in the event no mutual agreement ii? reached, the Annual . conducted by a certified public accountant employed by one of the major acco e United States chosen at random by Landlord.

If the Annual Audit shows a di wit t e statements of Gross Sales previously made to Landlord, then and in that ev e an adjustment and Tenant shall pay to Landlord on demand such sums as may to settle in full the accurate amount of Rent payments that should have been paid for the p riods covered by such inaccurate statement or statements, together with interest on any past amounts in the sum often percent (10%) per annum or the maximum rate permitted by law, whichever is less.

NOTE: Notwithstanding the above, the Tenant has agreed to operate the concession using a digital point of sale system. Reports of gross sales shall be provided electronically on a monthly basis to the City.

SECTION 4.05 MAINTENANCE AND INSPECTION OF RECORDS; AUDIT.

Tenant shall maintain at the Premises or at Tenant's office located within twenty-five (25) miles of San Clemente City Hall full, complete, and accurate books, records, and accounts of all daily Gross Sales and other records used in calculating the Gross Sales. Tenant shall keep all such records for a minimum of (i) three (3) years after the Rent amounts attributable to such Gross Sales have been paid or (ii) if Landlord has initiated an audit of Tenant's records prior to the end of such three (3) year period, until said audit has been completed and any dispute relating to the results of said audit have been finally resolved and any delinquent Rent, interest, and late charges thereon, if applicable, have been paid.

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Landlord may, at any time within three (3) years after the Rent amounts attributable to Gross Sales have been paid, deliver written notice to Tenant of Landlord's intent to inspect and/or . audit Tenant's (and any applicable sublessee's and/or business occupant's) books, records, and accounts relevant to the determination of Gross Sales for such period. Such written notice shall designate a date and time ( during Tenant's normal business hours) for such inspection and/or audit.

Landlord shall have the right at the date and time designated in Such notice to examine, inspect, and make copies and abstraots of such books, accounts, and records. Such inspection and audit may continue from time to time until completed, and shall be conducted either by Landlord or by a representative designated by Landlord. Tenant shall make all records specified in the notice available at the time specified in the notice, to the extent practicable, and at the place where the records are to be kept; provided,· however, that Landlord, in the course of any inspection or audit, is entitled to have complete access (with or without copying equipment) to ·any and. all records for the purpose of examination or copying.

Landlord shall pay all of its costs relating to any such inspection or audit of Tenant's business records and Tenant shall pay for any costs it incurs in making .such records available; provided, however, that in the event Landlord's inspection or audit demonstrates that Tenant has underreported Gross Sales and underpaid Rent for • od of time by an amount in excess of three percent (3 % ) of the total amount due, Tenants onsible for reimbursing Landlord its actual and reasonable inspection and auditing c ( or the ion thereof attributable to the period for which such miderreporting and und nt occurred) in addition. to Tenant's obligation to.pay interest and late charges on~del ent am'?unt and without prejudice to any other right·or remedy that Landlord may have e .
• ~-m •
SECTION 4.06 • MANNER OF
All Rent and other paym,e ts harg due under this Lease shall be paid by Tenant to Landlord without prior dem r, d without any deduction or offset whatever, in lawful money of the United States iWhlch shall be legal tender at the time of payment, at:

City of San Clem
910 Calle Negocio
San Clemente, CA 92673
Attn: Cashier
or to such other person or at such other place as Landlord may from time to time designate in writing. Tenant shall reference the period for which Rent is being paid. The acceptance by Landlord of Tenant's payment shall not constitute a waiver of Landlord's right to subsequently demand that any additional amount be paid that may be owing.

SECTION 4.07 DELINQUENT PAYMENTS.

4.07.0 Interest.

If Tenant shall neglect or fail to pay any Rent when the same is due and payable Tenant shall pay to Landlord, in addition to such unpaid amounts, interest upon such unpaid amounts at the rate of ten percent (10%) per annum or the maximum legal rate then in effect, whichever is Error! Unknown document property nameJ062266-0200
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less, from the date the delinquent payment was due until principal and accrued interest are paid in full.

4.07.1 Late Charge.

Tenant aclmowledges that late payment by Tenant to Landlord of Rent or any other amount required to be paid under this Lease will cause Landlord to incur _costs not co_ntemplated by this Lease, the exact amount of which is extremely di:ff\cult and impracticable to ascertain. Such costs include, without limitation, processing and administrative and collection costs, accounting charges, and late charges that may be imposed on Landlord by virtue of its debt obligations.

Accordingly, if Tenant fails to pay Rent or any other payment required to be paid under this Lease within ten (10) days after such payment is due, Tenant shall additionally pay a late charge equal to five percent (5%) of the amount of such payment or $150.00, whicheveris greater.

4.07.2 Independent Rights.

The interest and late charge provisions contained • • Section 4.07 are in addition to and do not diminish or represent a substitute for any other L rd rights and remedies for a Default by Tenant as set forth in Article XII of this Lease.

ARTICLE

TAXES AND UTILITY GES
SECTION 5.01 TAXES. •

5.01.0 •
Tenant shall timely p all taxes, assessments, and other charges, however described (hereinafter collec • e as "Taxes"), that are levied, assessed, or imposed by any governmental agency ag mises, or any portion thereof (including without limitation anypossessory interest tax.imp Tenant's leasehold interest created by this Lease), or any improvements or other property in on the Premises (including any personal property of any kind (including fixtures) owned by or placed in, upon, or about the Premises by or on behalf of Tenant) for any period from and after the Commencement Date until the termination or expiration of the Term of this Lease or such later date that Tenant actually vacates the Premises.

5.01.1 Right to Contest Taxes.

Tenant may at any time, in good faith and upon reasonable grounds, protest, dispute, or contest the validity or amount of the whole or any part of Taxes for which Tenant is responsible and in this regard Tenant may in good faith diligently conduct any necessary proceedings to void, • reduce, recover," or seek a refund of the same. It is understood that Tenant shall not, in the event of and during the bona fide and diligent prosecution of any such proceeding, be deemed to be in default in respect to the payment of any disputed Taxes so long as Tenant complies with the following provisions:
(i) Tenant shall prosecute any such proceeding to a final conclusion as speedily as is reasonably possible;
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(ii) Neither the Premises nor any part thereof shall by reason of any such proceeding be, in the reasonable judgment of Landlord, in danger of being forfeited, lost, or materially affected;
(iii) Any such proceeding to contest the validity or amount of any Taxes or to recover any Taxes paid by Tenant shall be prosecuted by Tenant at Tenant's sole cost and expense, and Tenant shall indemnify, defend, and hold Landlord harmless from and against any and all claim, liability, loss, cost, or expense of any kind, including but not limited to reasonable attorneys' fees and expenses, which may be imposed upoh or incurred by Landlord in connection therewith; and •
(iv) Upon the termination of any such proceedings it shall be the obligation of Tenant to promptly pay the unpaid portion of any such Taxes or part thereof as are finally determined in such proceedings to be due and owing, together with all costs, fees, interest, penalties, or other liabilities in connection therewith, and, upon such payment, Landlord shall direct the Escrow Agent to return any amount deposited with it, not theretofore expended, with respect to such Taxes; provided, ever, Landlord, if requested by Tenant, shall direct that the Escrow Agent disbur e monies on deposit with it directly to the taxing authority to whom the Taxes are P. 1 .

SECTION 5.02 UTILITIES.

5.02.0 Payment for Services. ~
Tenant shall timely pay when y all utility charges and fees, however described, for· water, gas, electricity, telepho , se r s drain and water quality, cable television, internet, and telecommunications s , y other utility services provided to or for the benefit of the Premises. To tllt'll~llli Premises do not have the means to measure Tenant's usage of any utility separat from us ge of Landlord or other tenants at or occupants of the Landlord's Property, if applic t shall pay the portion of that utility usage based upon the percentage of square feet occ • by the Premises compared to the total square footage of the improvements on the Landlord's Property or based upon such other method of allocation as may be reasonably determined by Landlord to be fair and appropriate based upon Tenant's proportionate usage.

5.02.1 Interruption of Service.

So long as Landlord does not default in the performance of its obligations and duties hereunder, Landlord shall not be liable in damages or otherwise for any temporary denial of access to the Premises or any failure or interruption of any utility service being furnished to the Premises, and no such temporary denial, failure, or interruption, unless protracted and due to Landlord's active negligence or willful misconduct, shall entitle Tenant to terminate this· Lease or to an abatement of Rent or other amounts due hereunder. •
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SECTION 6.01 USE.

ARTICLE VI

USE OF PREMISES
The Premises shall be used for on1y those uses described in Article I, clause (viii) of this Lease and the terms and conditions of any applicable governmental permits and licenses applicable to the Premises from time to time, including without limitation ;my liquor license, if applicable.

To the extent there niay be any inconsistency between the terms and conditions of any applicable governmental permits and licenses applicable to the Premises and this Lease, the terms and conditions of the applicable governmental permits and licenses shall govern. As a material part of the consideration for this Lease, Tenant covenants that it shall not use or permit the Premises to be used for any purpose other than the purposes specified in this Lease.

SECTION 6.02 HOURS OF OPERATION.

The Premises shall be open for business to the gener public during the minim.um. hours of operation specified in Article I, clause (xii) of this Le , and shall not be open beyond the maxim.um. hours of operation specified therein or as may: e • se be prohibited by City ordinance or City Council direction.

SECTION 6.03
Except as maybe provided below int . 3,Tenant, at its sole cost and expense, shall faithfully observe in the use, occ possession of the Premises all municipal and county ordinances, and all state an s now in force and which may hereafter be in force, and Tenant shall fµlly com.pl ~ffll~pense with all regulations, orders, permits, and other requirements issued or .,.,.,,.._... t to any such ordinances and statutes. The final nonappealable judgment of an etent jurisdiction or the admission by Tenant in any action or proceeding against ether Landlord be a party thereto or not, that Tenant has violated any such statute, ordirl regulation, order, permit, or other requirement for which Tenant is responsible in its use, oc upancy, or possession of the Premises shall be conclusive of that fact as between Landlord and Tenant.

6.03.0 Access for Disabled Persons.

Landlord, at its sole cost and expense, shall be responsible in its design and construction for timely complying with all federal, state, and local laws and regulations, including but not limited to the Americans with Disabilities Act of 1990 ("ADA"), regarding ingress and egress to and from the Premises for disabled persons, including without limitation the cost of making any • physical modifications or improvements to the area outside the Premises for that purpose (herein, "ADA Improvements"). Tenant shall ·be responsible for any ADA Improvements within the Premises to accommodate use and occupancy by disabled persons. In addition to the foregoing, Tenant shall indemnify, defend, and hold harmless Landlord and its officers, officials, directors, employees, and agents, and each of them, from and against any and all claims, actions, damages, liabilities, and expenses (including without limitation attorneys' fees) directly or indirectly arising from or out of any alleged or actual violation of any federal, state, or local law or regulation, El'rorl Unknown document property nameJ062266-0200
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including the ADA, enacted to prevent the discrimination against persons with disabilities, where said alleged or actual violation occurs within any of the areas for which Tenant is responsible.

Landlord shall indemnify, defend, and hold harmless Tenant and its officers, officials, directors, shareholders, employees, and agents, and each of them, from and against any and all claims, actions, damages, liabilities and expenses (including without limitation attorneys' fees) directly or indirectly arising from or out of any alleged or actual violation of any federal, state, or local law or regulation, including the ADA, enacted to prevent the discrimination against persons with disabilities, where said alleged or actual violation occurs within any of the areas for which Landlord is responsible .

6.03.1 . Nuisance, Waste. Peaceful Co-existence.

Tenant shall not commit or allow to be committed any nuisance, act of waste, or other act in or about the Premises that will in any manner whatsoever obstruct or interfere with the rights of adjacent or nearby property owners, businesses, residents, and the general public or injure or annoy them; nor shall Tenant allow the Premises to be used fi~- r improper, immoral, unlawful, or objectionable purpose.

SECTION 6.04 TENANT'S CONDUCT OF INES .

Tenant shall keep the Premises and all pubh as immediately adjacent to the Premises shall be deemed to be a material breach of this e

6.04.0 Water Quality ~
Tenant must be famili~' o with the City's water quality requirements as defined in Section 13.40 of the Ci um ode. For any exterior cleaning activities; the Tenant must use dry sweeping/de me s to the maximum extent possible, and properly collect and dispose of the collected ma • use of water becomes necessary, all wash.water must be collected and not allowed to discli ge to area drains, storm drain inlets, gutters, paved areas or any similar features. Floor mats or other equipment are prohibited from being cleaned in exterior areas. Any waste oil or grease must be collected for recycling, and must be properly stored for recycling collection. Tenant must properly maintain grease traps and/or grease interceptor units, and keep records to document such maintenance.

6.04.1 Trash/ Recycling
Tenant must keep trash area clean and trash lids closed. Trash containers must never be filled with liquid or hosed out with water or other liquids. Tenants must implement a recycling program and separate· other recyclable materials to maximize placemen of recyclable materials in recycling bins provided hy the City.

6.04.2 Prohibition on Use of Polystyrene Food Service Products Tenant shall not sell, serve, or package food or beverages from ·the Premises in containers made out of expandable polystyrene, or otherwise use or distribute or permit the use or distribution Error! Unknown document property nameJ062266-0200
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of expandable polystyrene food service products, including without limitation takeout containers, trays, plates, drinking cups, and bowls in connection with Tenant's use of the Premises.

SECTION 7.01

ARTICLE VII

MAINTENANCE AND REPAIRS
GENERAL PROVISIONS.

During the Initial Term, any Extended Term, and any holdover period, Tenant shall at its expense maintain the Premises and all improvements, fixtures, and personal property located within the Premises in a first-class condition, and in good order and repair, free of litter and trash, reasonable wear and tear and casualty damage excepted. Tenant shall maintain all landscaping, potted plants, and other live plants in and about the Premises in a healthy, pruned, and neat condition, and Tenant shall promptly remove and replace any dead or diseased plants. Except as expressly set forth in Articles VIII and IX, Landlord shall have no responsibility for maintenance or repair of the Premises or any improvements, fixtures, or personal property located thereon.

Tenant shall be responsible for the day-to-day m~ance and repair of the Premises and all portions thereof, including, without limitation, all t' s fixtures and equipment, the exterior and interior windows, all Tenant signs, doid win locks and closing devices, and all window sashes, casements or frames, doors d r fra es, floor coverings, including carpeting, and other special flooring. Tenant shall p tly replace all broken glass, both exterior and interior, with glass of the same kind, size~
SECTION 7.02.. LANDLORD'S JSUBSTITUTED PERFORMANCE.

If at any time during the Te •lllllftises or neglects to make repairs or maintain the Premises or any part thereof • consistent with the terms of this Lease or otherwise reasonably satisfactory to L lord, d shall have the right, upon giving Tenant reasonable written notice of its election t make such repairs or perform such maintenance on behalf of and for the account of Tenant. ch event Landlord's cost for such work shall be reimbursed by Tenant to Landlord within ten ( 0) business days after Tenant's receipt of a bill therefor.

SECTION 7.03 LANDLORD'S ONE TIME REPAIRS (2022)
(City to review; insert andy Council directives)

ARTICLE VIII

CONSTRUCTION, ADDITIONS, ALTERATIONS, AND IMPROVEMENTS
SECTION8.0l TENANT IMPROVEMENTS.

Tenant shall not have the right to make any additions, alterations, or improvements to the Premises without the prior written consent of Landlord, which consent Landlord shall not . unreasonably delay, condition, or deny; provided, however, tliat nothing set forth in this Lease is intended or shall be interpreted to limit or restrict Landlord's exercise of its police powers, including with respect to the consideration and approval of required applications for development and building entitlements.

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Any and all additions, alterations, and improvements, whether or not requiring Landlord's consent, which are made or caused to be made by Tenant before or during the Initial Tenn or any Extended Term or holdover period shall be made at Tenant's expense in accordance with the following: (i) such work, including, without limitation, Tenant's final working drawings, plans, specifications, and choice of contractors, subcontractors, and suppliers shall be subject to the continuing approval of Landlord, which information shall be furnished to Landlord for Landlord's review and approval before the work is commenced, and any work not acceptable to the appropriate governmental entity or not reasonably satisfactory to Landlord shall be promptly replaced at Tenant's expense; (ii) notwithstanding any failure by Landlord to object to any such work, Landlord shall not be responsible therefor; (iii) such work shall not adversely affect the outside appearance and strength ofthe Premises, or the mechanical, electrical, and plumbing services and equipment thereof; (iv) such work shall not alter, add to, or otherwise change the exterior of the Premises without Landlord's prior written consent, which consent Landlord may withhold in its sole and absolute discretion; (v) such work shall not cause or create a dangerous or hazardous condition and shall not interfere with or disturb adjacent or nearby property owners, businesses, or residents; (vi) Tenant shall cause all such work to be performed in such a manner as not to obstruct the access to the Premises; (vii) such rk shall be done in a good and workmanlike manner .and in compliance with all app • e legal requirements and shall be diligently prosecuted to completion; (viii) Tenant's c acto each of its subcontractors shall be bonded with sureties satisfactory to Landlord in o t s • ent to ensure full performance of the work to be. done by Tenant and to ensure ent to materialmen; (ix) Tenant and its contractor and subcontractors shall carry 's compensation general liability and personal and property damage insurance as L5Jicfl'811aat1l!a,I reasonab_ly require; (x) such insurance shall be adequate to protect Landlord an all filord as an additional insured; (xi) Tenant shall defend, indemnify, and hold .-u .... _ L ord and its officers, directors, shareholders, employees, and agents (all of the :#A!lllll~fug hereinafter collectively referred to as the "Indemnitees") from and ag • all claims, actions, damages, liabilities, and expenses (including, without limitatia atto s) directly or indirectly arising out of or incurred in connection with, and any an . clai demands, suits, actions for or in relation to, wages or cost . of materials or equipment used ection with, additions, alterations and improvements made or caused to be made by Tenant; (xii) Landlord shall have the right at all reasonable times to post and keep posted on the Premises any notice that may be provided by law which Landlord may deem necessary or advisable for the protection of Landlord and the Premises from mechanics' lien or stop notice claims. The restrictions contained in this Section 8.01 with respect to Tenant's contractors, subcontractors, and suppliers shall apply regardless whether such persons or entities are employees or agents of, or otherwise affiliated with Tenant.

SECTION 8.02 IMPROVEMENT SCHEDULE AND RESPONSIBILITY
Notwithstanding Section 8.01, the Landlord and Tenant, in reference to the 2014 LawsonBurke Engineers Report regarding recommended rehabilitation steps for the North Beach Depot building, have agreed to the following limited scope of property improvements after any necessary permits and approvals have been secured: •
• Phase 1 (Summer 2022)
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o The Tenant will trim brush/ivy adjacent to the building and will submit a plan for outdoor dispfay of bikes and surfboards to be approved by the City. o The Tenant shall install exterior security cameras.
• Phase 2 (Intended by Spring 2023)
o The Tenant will repaint interior and exterior of building. o City to obtain an inspection of the gutters and follow recommended repair or replacement guidance.

SECTION 8.03 TENANT'S PROPERTY.

Except for any and all building or structural improvements and trade fixtures permimently affixed to the Premises, which shall immediately become and remain the property of Landlord, any and all items of personal property, including but not limit d to trade fixtures not permanently affixed to the Premises, and other fixtures, furniture, furnis • s, and other equipment constructed or placed on the Premises after Landlord's delivery of ·ses to Tenant shall be and remain the property of Tenant upon termination. Tenant shal move the Premises all such items of property prior to the termination of this Lease. ant ay al remove any signs containing Tenant's name, trademark, symbol, logo, or desi rdless of whether same are attached or affix~d to the real property and regardless of • ch erization as real or personal property or fixtures under law.

Upon termination of this L
property of Landlord by removing
and restore the Premises and o
. condition such property wa
Lease.
causes any damage to the Premises or other
atsoever, Tenant shall at its own expense repair
d property, as applicable, as nearly as practicable to the damage and in compliance with Section 7.01 of this
If for any reason Tenant le es any of Tenant's property in or around the Premises after the termination or expiration of this Lease, Tenant shall be conclusively deemed to have abandoned such property in place in addition to whatever rights Landlord may have and Landlord shall have the right to immediately remove, destroy and dispose of, or reuse the same at Landlord's sole option without any further obligation to Tenant. In such circumstance, Tenant hereby releases and waives any rights and claims that it might otherwise have against Landlord to notice, an opportunity to reclaim Tenant's property, and any right to compensation for Landlord's use or disposal of Tenant,-s property under California Civil Code§ 1980 et seq. and any other applicable provision oflaw.

SECTION 9.01

ARTICLE IX
INSURANCE; INDEMNITY
TENANT'S INSURANCE.
• Tenant, at its sole expense, shall procure and maintain in effect the following policies of insurance for the entire Initial Term and Extended Term of this Lease, and any holdover period:

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(i) Comprehensive General Liability Insurance.

A policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than One Million Dollars ($1,000,000) for bodily injury, death, and property damage or destruction of property on and about the Premises. Said insurance shall include coverage for, among other risks and perils, all businesses and operations ·on the Premises (including any businesses and operations conducted by third parties, regardless of whether such third party businesses and operations violate this Lease, and without any waiver by Landlord of any other right or remedy it may have against Tenant with respect thereto), premises and operations, blanket contractual, cross liability, broad form property damage, independent contractors, owned and non-owned automobile and vehicle coverage, garage keeper's liability (if Tenant manages parking or provides valet parking services), and dram shop and liquor liability coverage. The amount of any deductible or self-insured retention under said policy shall not exceed One Thousand Dollars ($1,000.00) without Landlord's written consent. Landlord shall have the right at any time during the Term, not more frequently, than once every three (3) years, to deliver written notice to Tenant requiring Tenant to increase amount of such policy so long as the required percentage increase in the coverage unt does not exceed the percentage increase in the Consumer Price Index publishe th 'ted States Department of Labor (All Items) for the smallest geographic are,.._. ........... u..L whic e Premises are located or are most proximate between the Commencem and.the date of Landlord's notice, and in s~ch event Tenant shall procure the • ount of insurance and provide proof of same to Landlord within thirty (30) d urance shall be primary insurance and not participating with or in exce of v ge which Landlord may carry. All such in~m:a:Qce shall specifically· nnance by Tenant of the indemnity agreement set forth in Section 9.04 of --~ liability for damage to property or injury to or death of persons.
(ii)
A policy of 'Yorke ompensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure, and provide legal defense for both Landlord and Tenant against any loss, claim, or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Tenant in the course of carrying out the work or services contemplated in this Lease.
(iii) Business Interruption Insurance.

A policy of business interruption insurance in sufficient amounts to cover any payment by Tenant, including Rent, to .Landlord for a period of not less than one (1) year during any casualty loss and restoration of the Premises while this Lease remains in effect. (iv) Fire and Extended Coverage Insurance.

A policy of standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements, covering all Tenant Improvements to the Premises and Error! Unknown docnment property nameJ062266-0200
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Tenant's trade fixtures, furnishings, equipment, and personal property on the Premises in an amount equal to one hundred percent (100%) of the replacement costs thereof.

Prior to the Commencement Date pursuant to Section 3.01 of this Lease, Tenant shall file with the City Clerk, in a form and content satisfactory to Landlord, certificates of insurance for all of the above policies. All of the above policies .shall be carried by companies rated "B-plus" (B+) or better in Best's fusurance Guide, and shall be primary insurance and name Landlord and its officers, employees, and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against Landlord and against its officers, employees, and . agents, and their respective insurers. All of said policies of insurance shall provide that the said insurance may not be amended or cancelled without providing thirty (30) days prior written notice to Landlord. In the event any of said policies of insurance are cancelled or not renewed or extended, Tenant shall, prior to the cancellation or expiration date, submit new evidence of insurance to Landlord. No operations or services authorized pursuant to this Lease shall commence or continue until Tenant has provided Landlord with certificates of insurance or appropriate insurance binders evidencing the above insurance coverages, and said certificates of insurance or binders are approved by Landlord. ~-
SECTION 9.02 WANEROFSUBROGATION ~ .,
Tenant hereby waives, to the maximum ex t ·tted oy law and any policy issued by its insurance company, any and all rights of recov ainst Landlord, or against the employees, agents., and representatives of Landlord,. for mage to Tenant or its property or the property of others under its coi:i.frol, where s • r damage is insured against under any • insurance policy in force at the time h 1 s or damage. Upon obtaining such insurance, Tenant shall give notice to the-ins •. ce • r r carriers that the foregoing mutual waiver of subrogation is contained ins:,· s eas enan hall obtain and furnish evidence to Landlord of the waiver of subrogation in o :C ord from all insurance carriers furnishing insurance hereunder.

SECTION 9.03 INCREA INSURANCE COSTS.

Tenant shall not carry any stock or goods or do anything in, on, or about the Premises at any time during the Term of this Lease which will in any way tend to increase the insurance rates or the risks against which Landlord maintains an insurance policy for any portion of the Landlord's Property, including the Premises. Tenant shall pay to Landlord forthwith upon demand the amount of any increase in premiums for insurance carried by Landlord resulting from Tenant's acts or omissions, whether or not Landlord shall have consented to such acts or omissions on the part of • Tenant.

SECTION 9.04 INDEMNITY..

Regardless of any limitations on and exclusions from coverage of any insurance policies obtained by Tenant, Tenant shall fully indemnify, defend, and hold harmless Landlord and its officers, directors, shareholders, employees, and agents, and each of them (the foregoing being hereinafter collectively referred to as the "Indemnitees"), from and against any and all claims, · actions, damages, liabilities, and expenses (including, without limitation, attorneys' fees) for Error! Unknown document property name./062266-0200
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damage to property (including Tenant's property) and injury to or death of persons (including officers, directors, employees, or agents of Tenant) directly or indirectly arising from or out of Tenant's occupancy or use of the Premises or any part thereof, including the means of ingress into or egress from the Premises, whether or not occasioned in part by any act or omission of the Indemnitees, regardless of their passive or active negligence, and to the maximum extent permitted by law. If the Premises are not surrendered at the time required pursuant to this Lease, Tenant shall indemnify, defend, and hold harmless the Indemnitees against loss or liabilitytesulting from the delay by Tenant in so surrendering the Premises, including, without limitation, claims made by any succeeding tenant, other than Landlord or an affiliate of Landlord.

SECTION 9.05 EXEMPTION OF LANDLORD.

So long as Landlord does not default in the performance of its obligations and duties pursuant to this Lease, Landlord shall not be liable to Tenant for injury or damage which may be sustained by any person, property, or effects of Tenant or any other person in or about the Premises caused by or resulting from fire, steam, electricity, gas, water, or rain, which may leak or flow from or into any part of the Premises, or from the breakage, age, obstruction, or other defects of the pipe, sprinklers, wires, appliances, plumbing, air • ioning, or lighting fixtures of the same, whether such damage or injury results from co • sing upon the Premises or from other sources.

SECTION 9.06

9.06.0 If the Premises are totally o s yed by a risk covered by insurance carried by Tenant, rendering the Premises tota maccessible or unusable, Tenant shall utilize the insurance proceeds to restore to substantially the same condition as they were in immediately prior to such toration shall be commenced as soon as reasonably practicable, and in no event la ety (90) days after the later of (i) the date such destruction occurs or (ii) the date such in e proceeds are made available for such restoration, and thereafter the work shall be diligently pursued to completion.

9.06.1 Damage Not Covered by Insurance.

If the Premises are totally or substantially destroyed by a risk not covered by and not required to be covered by insurance, then either Party may at its option elect to terminate this Lease by giving written notice to the other Party within fifteen (15) days after determining the replacement cost; provided, however, that in such event this Lease shall not terminate if the nonterminating Party shall, within thirty (30) days after receipt of such notice give written notice to the terminating Party of its election to cause the repair and restoration of the Premises at its cost.

In such event, the Party electing to cause the repair and restoration shall, at its sole expense, provide the funds necessary therefor and shall thereafter promptly and diligently repair and restore the Premises .. Each Party agrees in such event to assign all insurance proceeds to the Party electing to make the repairs. As used herein, the term "substantially destroyed" shall mean that the uninsured replacement cost exceeds the sum of Twenty-five Thousand Dollars ($25,000).· Error! Unknown document property name./062266-0200
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9.06.2 Replacement of Tenant's Property.

In the event of the damage or destruction of improvements located on the Premises not giving rise to a termination of this Lease, Tenant shall, at its own expense, replace and repair all Tenant's trade fixtures, equipment, machinery, furnishings, furniture and inventqry as soon as possible to permit the prompt continuation of Tenant's business from the Premises.

9.06.3 Damage Near End of Lease Term.

In the event more than fifty percent ( 50%) of the Premises are totally destroyed during the last six (6) months of the Initial Term or any Extended Term, Tenant and Landlord shall each have the option to terminate this Lease on written notice to the other of exercise thereof within thirty (30) days after such destruction.

9.06.4 Abatement of Rent.

In the event that a partial damage or destruction of e improvements on the Premises occurs and this Lease is not terminated, there shall be no ab ent of rent for a period of one year (the period of the business interruption insurance which is required to maintain pursuant to this Lease), and Tenant shall continue to utilize the.· oveme for the operation of its business to the extent it may be practicable to do so. If, 1te 'ligent fort, Tenant is unable to fully repair and restore the Premises during said one year a, the Base Rent shall abate from the end of the one year period until the improvemen • ses are fully repaired or restored, but only by that propo:r:tion that the unusable part vements bears to the whole thereof.

SECTION 10.01 REQ LANDLORD'S CONSENT.

This Lease is a person '111,ui__,t in that Landlord has entered into this Lease to a material extent because of the unique ch cter and quality of Tenant and Tenant's existing business operations. Accordingly, Tenant shall not transfer, assign, sublet, devise, bequeath, enter into license or cqncession agreements, change ownership, mortgage, • or hypothecate (hereinafter, collectively, "Transfer'') this Lease or Tenant's interest in and to all or any portion of the Premises without first procuring the written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. Any attempted Transfer without Landlord's written consent shall be void and shall confer no right upon any third person. Furthermore, where Tenant is one or more individuals, Tenant's personal representative in the event of Tenant's death shall not Transfer this Lease or Tenant's interest in and to the Premises without first procuring Landlord's written consent; any attempted Transfer by such personal representative without Landlord's prior written consent shall be void and shall confer no right upon any third party. If Tenant enters into a sublease or other arrangement for occupancy of any portion of the Premises by any third party without Landlord's consent and such sublease or other arrangement remains in effect notwithstanru.ng the consent requirements contained herein, Tenant shall immediately pay Landlord as additional Rent any consideration received or retained by Tenant, and Landlord's acceptance of such additional Rent shall not limit or restrict any other right or remedy Landlord shall have under this Lease for Tenant's Default.

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SECTION 10.02 CERTAIN TRANSFERS.

For the purpose of this Article, each of the following shall constitute a "Transfer": (i) if Tenant is a partnership, a•withdrawal or change, voluntary, involuntary, or by operation oflaw, of any partners or the dissolution of the partnership; (ii) if Tenant consists of more than one person, a purported assignrr1ent, voluntary, involuntary, or by operation oflaw, from one person to another; and (iii) if Tenant is a corporation (whose stock is not traded through an exchange or over the counter) any liquidation, dissolution, merger, consolidation, or other reorganization of Tenant, or the sale, exchange, trade, assignment, hypothecation, or other transfer of an aggregate of twentyfive percent (25%) or more of the capital stock of Tenant, or the sale of an aggregate of twentyfive percent (25%) or more of the value of the assets of Tenant.

SECTION 10.03 OBLIGATIONS AND LIABILITIES OF TRANSFEREE.

Each Transfer to which there has been consent shall be by an instrument in writing in form satisfactory to Landlord, and shall be executed by the transferor in each instance; and each transferee shall agree in writing for the benefit of Landlord h in to assume, to be bound by, and to perform the terms, covenants, and conditions of this Le to be done, kept, and performed by Teriant, including the payment of all amounts due un ease. Failure to comply with the provisions of this section shall operate to prevent an from becoming effective.

SECTION 10.04 NOW ANER OR RELEA
Consent to any Transfer which .may b • andlord or the acceptance of any Rent by Landlord from Tenant or an 1 not constitute a waiver by Landlord of the provisions of this Article or a rel ••11!11,' m the full performance by it of the covenants contained herein to be perfo consent given by Landlord to any Transfer shall not relieve Tenant from JJl:fl:ffl~ aining the written consent of Landlord to any subsequent Transfer. T ansferability contained in this Article shall be considered a continuous co with the land.

ARTICLE XI

MECHANICS'LIENS
Tenant shall give Landlord twenty (20) days' prior written notice before any construction work on the Premises is undertaken by or on behalf of Tenant. Tenant shall do all things reasonably necessary to prevent the filing of any mechanics' liens or other liens against the Premises, or any part thereof, by reason of work, labor, services, or materials supplied or claimed to have been supplied to Tenant or anyone holding the Premises, or any part thereof, through or under Tenant. Without limiting the generality of the foregoing, Tenant shall record a notice of completion promptly upon the completion of any such work, labor, services or supplying of materials, in the manner permitted by law. If any such lien shall at any time be filed, Tenant shall promptly notify Landlord of same and shall either cause the same to be discharged of record within twenty (20) days after the-date of filing the same, or, if Tenant, in its discretion and good faith, determines that such lien should be contested, it shall furnish such ·security as may be required by law to prevent any foreclosure proceedings against the Premises, or any part thereof, or Tenant's interest therein, during the pendency of such contest. If Tenant shall fail to discharge such lien Error! Unknown document property nameJ062266-0200
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within such period or fail to furnish such security, then, in addition to all other rights or remedies, Landlord may, but shall not be obligated to, discharge the same no sooner than five (5) days after delivery of written notice to Tenant (and assuming Tenant has not cured its default within that period of time) (i) by paying the amount claimed to be due; (ii) by procuring the discharge of such lien by deposit in court, (iii) by giving security, or (iv) in such other manner as is, or may be, prescribed by law. Any amount paid by Landlord for any of the aforesaid purposes, including all reasonable attorney's fees to· procure the discharge of such lien with all necessary disbursements in connection therewith, with interest thereon at the rate of ten percent (10%) -per annum or the maximum rate permitted by law, whichever is less, from the date of payment, shall be repaid by Tenant to Landlord on demand. Nothing herein contained shall imply any consent or agreement on the part of Landlord to subject the Premises, or any part thereof, to liability under any mechanics' lienlaw.

ARTICLE XII

DEFAULT, TERMINATION, AND REMEDIES
SECTION 12.01 DEFINITION OF DEFAULT. .

The occurrence of anyone or more of the in vents shall constitute _a material "Default" of this Lease by Tenant: ·

12.01.0 Rent Default.

The failure by Tenant to make, as an , any payment of Rent or other charges payable by Tenant hereunder, where s ·1 as continued for a period of ten (10) days after written notice thereof from Landlo o T ant. y such notice shall be in lieu of, and not in addition to, any notice otherwise req ections 1161 and 1162 of the California.Code of Civil Procedure.

12.01.1 The abandonment or vacati n of the Premises by Tenant. As used herein, abandonment is defined to include, without limitation, any absence of Tenant from the Premises for fifteen (15) consecutive days or longer, or the failure to continuously operate the business authorized by this Lease for fifteen (15) consecutive days or longer, excepting such failures as may be excused due to the occurrence of casualty losses or other events of force majeure as set forth in Section 16.16 of this Lease.

12.01.2 Failure to Perform Covenants.

The failure by Tenant to observe or perform any of the express or implied covenants, promises, agreements, or provisions of this Lease to be observed or performed by Tenant, where such failure has continued for a period of fifteen (15) days after written notice thereof from Landlord to Tenant ( or such other time period as may be expressly provided herein); provided, however, that if such failure to observe or perform cannot be cured with such fifteen (15) day period due to causes referred to in Section 16.16, Tenant shall not be deemed in Default of this Lease if, within such :fifteen (15) day period, Tenant promptly commences to cure such failure and thereafter diligently pursues the cure to completion. Any such notice shall be in lieu of, and not Error! Unknown document property nameJ062266-0200
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in addition to any notice otherwise required under Sections 1161 and 1162 of the California Code of Civil Procedure. In the event Tenant fails to comply with the same term, covenant, or condition -of this Lease on three (3) occasions during any twelve (12) month period of the Term, and is given notice as provided herein for each such failure, then each failure thereafter-during such twelve (12) month period shall at the sole option of Landlord constitute an incurable Default. The fifteen (15) day curing penod provided for in this Subsection shall in no event be construed to lengthen or extend the curing periods provided elsewhere in this Section. Furthermore, if the covenant, promise, agreement, or provision of this Lease which Tenant fails to observe or perform is of such a nature that it -cannot afterward be performed, then such failure shall constitute an incurable Default immediately upon occurrence and no notice or time to effect a cure need be given to Tenant.

12.01.3 Falsification of Statements.

The falsification by Tenant or an agent of Tenant of any report or statement required to be furnished to Landlord pursuant to the terms of this Lease, which at the sole option of Landlord shall constitute an incurable Default. -

12.01.4 Assignment of Leasehold Interest.
consent, as set forth in Article X. . •

12.01.5 Insolvency ~
Insolvency, which shall be ~(i) ~ ?Y T~nant ~f any general assignment for the benefit of creditors; (ii) filing by or a • of a petition to have Tenant adjudged a bankrupt or a petition for reorganization ent under any law relating to bankruptcy (unless, in the case of a petition filed ag t T t, e same is dismissed within thirty (30) days); (iii) appointment of a trustee or rec er to e possession of substantially all of Tenant's assets located on the Premises or of Tenant's 1 t in this Lease, where possession is not restored to Tenant within thirty (30) days; (iv) attachment, execution or other judicial seizure of substantially all of Tenant's assets located on the Premises or of Tenant's interest in thi~ Lease, where such seizure is not discharged within thirty (30) days thereafter; or (v) Tenant's convening of a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts.

SECTION 12.02 NOTICE OF DEFAULT.

Notices given under this Article shall specify the alleged Default and the applicable provisions of this Lease and shall demand that Tenant perform the provisions of this Lease, or pay Rent or other sum that is otherwise due, within the appiicable period or quit the·Premises.

SECTION 12.03 LANDLORD'S REMEDIES.

Upon the occurrence of a Default by Tenant, or at any time thereafter during the continuance of such Default, in addition to and not by way of limitation of any other rights and remedies Landlord may have under this Lease and applicable law, Landlord shall have the right, Error! Unknown document property nameJ062266-0200
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at its option and without further notice or demand of any kind to Tenant, to any and all of the following remedies:

12.03.0 ·Continuation of Tenant's Interest.

Landlord may continue Ten,ant's interest in the Leaseand Premises in full force and effect, and Landlord shall. have the right to collect any Rent payable to Landlord when due. During the period Tenant is in Default, unless Tenant is diligently proceeding to cure the Default1 Landlord may enter the Premises and relet them or any part thereof to a third party or parties. Tenant .shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Premises, including costs for advertisements and brokerage fees. Reletting may be for a period shorter or longer than the remaining Term, whether the Initial Term or any Extended Term, of this Lease. Tenant.shall pay to Landlord Rent due under this Lease on the date such Rent is due, which payment shall be adjusted by the amount of Rent Landlord receives from any reletting. No act of malfeasance, effort to relet, or any other act by Landlord allowed by this Subsection 12.03.1 shall terminate Tenant's interest in the Lease unless Landlord notifies Tenant in writing that Landlord elects to terminate.

12.03.1 Termination of Tenant's Interest. ~
Landlord may terminate Tenant's right top ssion e Premises at any time while Tenant is in Default, provided that Tenant is not 1g proc eding to cure such Default, by . giving Tenant written notice specifying that the De as not been cured and that Landlord has terminated this Lease, effective as of the da erm 'on set forth in such notice. Tenant's interest in this Lease shall terminate on the da: s in such notice as fully and completely as if such date were the date original! d ◄ e expiration of the Initial Term or applicable • Extended Term, and Tenant shall q • and en r the Premises. No act by Landlord other than giving such notice of termination to s terminate Tenant's interest in this Lease. Upon termination of Tenant's intere to any other rights Landlord has pursuant to this Lease or at law or in equity, Landi e rights described in Section 12.04 of this Lease.

12.03.2 Landlord shall have the right to have a receiver appointed to collect Rent and conduct Tenant's business while Tenant is in Default, provided Tenant has not.commenced to cure and is not diligently proceeding to cure said Default. Neither the filing of a petition for the appointment of a receiver nor the appointment thereof shall constitute an election by Landlord to terminate this Lease.

12.03.3 Right to Cure at Tenant's Expense.

Landlord may, at any time after Tenant commits a Default, cure such Default at Tenant'·s expense. If Landlord at any time, by reason of Tenant's Default, pays any sum or does any act that requires the payment of any sum, the sum paid by Landlord shall be due immediately from Tenant to City at the time the sum is paid, and if paid at a later date, shall bear interest in the amount often percent (10%) per annum or the maximum rate allowed by law, whichever is less, from the date the sum is paid by Landlord until reimbursement by Tenant.

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SECTION 12.04 TERMINATION OF LEASE DAMAGES.

Upon Landlord's termination of this Lease, as set forth in Section 12.03, Landlord may recover as damages from Tenant any and all of the following:

12.04.0 lJnpaid Rent at Termination.

The worth, at the time of award, of the unpaid and past due Rent at the ti:ine of termination.

12.04.1 ·unpaid Rent at Award.

The worth, at the time of award, of the amount by which the unpaid Rent that would have been earned after the date of termination until the date of award exceeds the amount of the loss of Rent that Tenant proves could have been reasonably avoided.

12.04.2 Future Rent.

The worth, at the time of award, of the amount b~ch the unpaid Rent for the balance of the Initial Term, or the applicable Extended Term, ex the amount of the loss of Rent that Tenant proves could have been reasonably avoided~

12.04.3 Other Amounts.

Any other amount necessary to comp rd for all of the detriment proximately caused by Tenant's failure to perform'its liga.._·....,,tt\'11111&r this tease or that in the ordinary course of things would be likely to r~sult -~~lSJ. ther through inability to relet the Premises on satisfactory terms or otherwise, s ~---~1ding, but not limited to, (i) all reasonable expenses ne.cessary to relet th dllllllllll1111:., . .u s, which shall include the cost of advertisements and brokerage fees, and (ii) any· ce premiums caused by the vacancy of the Premises.

SECTION 12.05
As used in Section 12.04, the following terms are defmed:

12.05.0 ·Worth at the Time of Award.

The "worth, at the time of award" of the amounts referred to in Subsections 12.01.1 and

12.01.2 is computed by allowing interest from the due date thereof to the date of payment at the rate often percent (10%) per annum or the maximum rate permitted by law, whichever is less.

The "worth at the time of award" of the amount referred to in Subsection 12.01 .3 is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1 %).

12.05.1 Time of Award.

The "time of award" as used in Subsections 12.01.1, 12.01.2, and 12.01 .3 is the date on which judgment is entered by a court of competent jurisdiction.

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SECTION 12.06 • LANDLORD'S DEFAULT.

Landlord shall be in Default of this Lease if it fails or refuses to perform any provision of this Lease that it is obligated to perform if the failure to perform is not cured within thirty (30) . days after written notice of default has been received by Landlord from Tenant. If such Default cannot be reasonably cured within thirty (30) days, Landlord shall not be in Default if tandlord commences to cure the Default within the thirty (30) day period and thereafter diligently and in good faith continues to cure the Default.

SECTION 12.07 INDEMNIFICATION UNAFFECTED.

Nothing in this Article shall limit or otherwise impair the right of Landlord to indemnification from Tenant under this Lease, whether before or after this Lease expires or is terminated.

SECTION 12.08 NO TERMINATION.

Even though Tenant has breached this Lease, thi
as Landlord does not terminate Tenant's right to poss
Landlord's rights and remedies under this Lease, incl
due.

SECTION 12.09 TERMINATION .n..1.,J.._oL. •
shall continue in effect for so long
and Landlord may enforce all of
t to recover Rent as it becomes
In the event Landlord terminates an ord may (upon such notice as is expressly provided in this· Article XII) re-ent .,.,. . .LLU,a-S and take possession thereof and remove all persons therefrom, and Tenant shall i!IIIJ'.IIIIIW claim under this Lease. Such termination: shall not relieve Tenant of any o reunder that has accrued prior to the date of such termination. Landlord may: s of all personal property of Tenant and of any other person that is located on the d may store all such personal property on behalf of and at the risk and expense of Tenant. thirty (30) days after Landlord takes possession thereof, Tenant may redeem such personal roperty upon payment to Landlord in full of all amounts then due from Tenant to Landlord hereunder and all costs incurred by Landlord in providing such storage. If Tenant fails to redeem such personal property within such period Landlord may s.ell such personal property in any reasonable manner and shall apply the proceeds from such sale actually collected by Landlord from such sale first against the costs of storage and sale and then against any other obligation due from Tenant hereunder. Tenant recognizes these rights as just and adequate remedies and hereby expressly waives any and all rights of redemption granted by or under present or future laws (including, without limitation, Sections 1174 and 1179 of California Code of Civil Procedure) in the event of Tenant's being evicted or dispossessed for any cause, or in the event of Landlord's obtaining possession of the Premises by reason of a Default of Tenant under this Lease, or otherwise.

SECTION 12.10 LIEN FOR RENT.

Tenant hereby grants to Landlord a lien and security interest on all property of Tenant now or hereafter placed in or upon the Premises, and such property shall be and remain subject to such lien and security interest of Landlord for payment of all Rent and any other amount required to be Error! Unknown document property nameJ062266-0200
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paid by Tenant under this Lease. Said lien and security interest shall be in addition to and· cumulative of the Landlord's liens and provided by law. This Lease shall constitute a security agreement under the California Commercial Code (the "CCC") so that Landlord shall and may enforce a security interest on all property now or hereafter placed by or on behalf of Tenant in or on the Premises, including, but not limited to, all fixtures, machinery, equipment, furnishings, and other articles of personal property: Tenant shall execute as debtor such financing statement or statements as Landlord may now or hereafter reasonably request in order that such security interest or interests may be protected pursuant to the CCC. Landlord may at its election at any time file a copy of this Lease as a financing statement. Landlord,·as secured Party, shall be entitled to all of the rights and remedies afforded a secured Party under the CCC.

SECTION 12.11 WANER.

No delay or omission in the exercise of any right or remedy of Landlord shall impair such a right or remedy or be construed as a waiver. The waiver by Landlord of any failure by Tenant to perform any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition or any subsequent or pr • ng failure or breach of the same or any other term, covenant, or condition herein contain The subsequent acceptance of Rent ( or a portion thereof) by Landlord shall not be deeme be aiver of any previous breach by Tenant of any term, covenant, or condition of this e, other the failure of Tenant to pay the Rent (or portion thereof) so accepted, reg Landlord's lmowledge of such prior existing .failure or breach at the time and ac eptan f such Rent. Without limitation on the foregoing, no payment by Tenant or-receipt·_.,_,,ndl of a lesser amount than the monthly installm,eht of Rent due 1,lilder this ~ease shall ofM111'fiml!'t,o be other than on account of the earliest Rent due hereunder, nor shall any; t or statement on aii.y ·check or any letter accompanying any check or payme ~IIIJllll~~emed an accord and satisfaction; and Landlord may accept such check or paym,i//P,...., t preJudice to Landlord's right to recover the balance of such Rent or pursue any o • able to Landlord; no receipt of money by Landlord from Tenant after the te this Lease or after the service of any notice of the commencement of any suit, or judgment for possession of the Premises, shall reinstate, continue or extend the Initial Te r any Extended Term, or affect any such notice, demand or suit; and acceptance of any payment from a debtor in possession, a trustee or any other person acting on behalf of Tenant or Tenant's estate shall not waive or cure a default hereunder.

Landlord's consent to or approval of any act by Tenant requiring Landlord's consent shall not be deemed to waive or render unnecessary Landlord's consent to or approval of any subsequent act by Tenant requiring Landlord's consent or approval.

SECTION 12.12 SURRENDER.

Prior to expiration of the Initial Term or any then-effective Extended Term, only an express written notice from Landlord to Tenant of Landlord's intention to accept a surrender by Tenant shall constitute acceptance of the surrender of the Premises and-accomplish a termfuation of this Lease. No other act or conduct of Landlord including, without limitation the acceptance of the keys to the Premises, shall constitute an acceptance of the surrender of the Premises· before the expiration of the Initial Term or any then-effective Extended Term. Landlord shall not by any reentry or other act be deemed to have accepted any surrender by Tenant of the Premises or Tenant's interest therein, or be deemed to have terminated this Lease, or to have relieved Tenant of any Error!· Unknown document property name./062266-0200
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obligation hereunder, unless Landlord shall have given Tenant written notice of Landlord's election to terminate this Lease.

SECTION 12.13 CUMULATNE REMEDIES.

In addition to other remedies provided in this Lease, Landlord shall be entitled, to-the extent permitted by applicable law, to injunctiv~ relief in case of the violation or attempted or threatened violation of any of.the covenants, agreements, conditions or provisions of this Lease, or to a decree compelling performance of any of the other covenants, agreements, conditions or provisions of this Lease, or to any other remedy allowed to Landlord at law or in equity. Except as provided herein or as provided under applicable California law in effect at the time of execution hereof, the rights and remedies reserved to Landlord in this Article XII are independent and cumulative and in addition to all other rights available to Landlord under this Lease, at law or in equity, and Landlord may pursue any or all of such rights and remedies, at the same time or otherwise.

ARTICLE XIII
COMMON AREAS: USE, MAINTEN~ COSTS
SECTION 13.01 DEFINITIONS. :
1 ~.,
As used herein, "Common Areas" shall i areas and improvements within the Landlord's Property, if any, that will not be held for sive use by Landlord or by other persons entitled to occupy any space therein. Co'LU.1111l"llllllll, e hall include parking areas, walkways, driveways, delivery passages, curbs, sidew , ped and planted areas, service areas, exterior and interior access ways and ay taining walls, paving, light fixtures, and other areas and non-building impro.vem ••~ Common Areas are provided by Landlord for the common use of Landlord, tenant pective employees, agents ~d invitees, and the general public. Landlord may;Jll!!l.tll!llit1a! es at any time in the size, shape, location, number, and extent of the Common Area d ma o e substitute parking, so long as Tenant's access to the Premises is not unreasonably No such change shall entitle Tenant to any abatement of Rent. Before instituting any sue ges, Landlord shall notify Tenant thereof and consult with Tenant thereon, but Tenant's consent thereto shall not be required and Landlord may institute such changes in its sole discretion.

SECTION 13.02 TENANT'S RIGHT TO USE; TENANT'S COOPERATION.

Tenant and its employees, agents, and invitees shall be entitled to use the Common Areas in common with Landlord and with other persons authorized by Landlord; provided, however, that Tenant's use of the Common Areas shall not interfere with or impair the use and enjoyment of the Landlord's Property by Landlord, other tenants and occupants, their employees, agent, and invitees, or any other member of the public. The rights of Tenant in and _to the Comm.on Areas shall at all times be subject to the rights of Landlord and the other tenants and occupants of the Landlord's Property to use the same in common with Tenant. Landlord shall not be responsible to Tenant for the violation or nonperformance by any other tenant or occupant of the Landlord's Property for failure to observe Tenant's right to use and enjoyment of the Common Areas. Tenant shall keep the Common Areas free and clear of any obstructions created or permitted by Tenant or resulting from Tenant's operation.

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SECTION 13.03 CONTROL BY LANDLORD.

13.03.0 Management.

Landlord shall operate, manage, equip, police, insure, light, repair, clean, and maintain the Common Areas. Landlord may temporarily close the Common Areas, or any portion or portions thereof, for repairs or alterations, or to prevent a dedication thereof or the accrual of prescriptive right therein.

13.03.1 Exclusive Control.

Landlord shall at all times have exclusive control of all Common Areas and may at any time restrain any use thereof, except as otherwise provided by law or in this Lease. Landlord may at any time remove any unauthorized person from the Common Areas or prohibit the use thereof by unauthorized persons. If, in the opinion of Landlord, unauthorized persons are using any of the Common Areas by reason of the presence of Tenant, Tenant, upon demand of Landlord, shall remove such unauthorized persons ·by appropriate proce~di. Nothing herein shall affect the rights of Landlord at any time to remove any such unautho • ed persons from the Common Areas or to restrain the use of any of the Common Areas by un • ed persons.

SECTION 13.04 PARKING. ~ Tenant and its employees and agents s ark • r vehicles only in portions of the parking , areas within the Common Areas that are from e • esignated for that purpose by Landlord, which parking areas shall be reasonabl • e Premises. If requested by Landlord, Tenant shall furnish Landlord with a list o ,ll,IJ.lill~rn' and agents' vehicle license numbers within fifteen (15) days after the Commen d thereafter notify Landlord of any change in such list within five (5) daysJJJllll!II~, ange occurs. Tenant shall assume responsibility for compliance by its employ e king provisions contained herein. Tenant hereby authorizes Landlord to tow a the Common Areas any vehicle belonging to Tenant or Tenant's employees or agents p m violation of these provisions.

Tenant may secure two (2) City parking passes at no additional charge from the City to enable parking within the City public parking areas. If desired, additional passes must be paid for and obtained from the City.

SECTION 14.01

ARTICLEXIV

SIGNAGE
PERMITTED ACTMTIES.

Tenant shall have the right, subject to obtaining any required governmental plans and permits and obtaining Landlord's prior written consent, which consent shall not be unreasonably denied, delayed, or conditioned, to:
(a) Install or affix to the exterior doors or windows of the Premises lighting fixtures, shades, awnings, or exterior decorations (including exterior painting); and Error! Unknown document property nameJ062266-0200
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(b) Install or affix to the exterior doors or windows of the Premises or to the face of the building any sign, lettering, placards or the like.

SECTION 14.02 PROHIBITED ACTIVITIES.

Tenant shall not, without Landlord's prior written consent, do any of the following:
( a) Cause or permit to be used any advertising materials or methods which are objectionable to Landlord including, without limitation, loudspeakers, mechanical or moving display devices, unusually bright or flashing lights, and similar devices, the effect of which may be seen or heard outside the Premises;
(b) Solicit business in the parking areas or other Common Areas, or distribute, or cause to be distributed, any hand bills or other advertising matter in the parking areas or in other Common Areas; or
(c) Use any sign or advertising that is not ofprofe ional quality.

SECTION 14.03 MAINTENANCE.

Tenant shall at all times maintain its w· s in a neat, clean and orderly condition. If, as to any sign exposed to the parkirl or other Common Areas, Tenant shall fail to q.o so after twenty-four (24) hours n e from Landlord, Landlord may repair, clean, or maintain such exterior sign an hall be payable by Tenant to Landlord upon demand as additional Rent.

No later than the Co t Date, Tenant shall deposit, in lawful money of the United o ' in the amount of one month's Base Rent, one thousand dollars ($1000). The Security D sit shall be held by Landlord as security for the performance by Tenant of all of the terms, covenants, and conditions of this Lease to be kept and performed by Tenant. The Security Deposit shall not be mortgaged, assigned, transferred, or encumbered by Tenant without the prior written consent of Landlord and any such act on the part of Tenant shall be without force and effect and shall not be binding upon Landlord. In the event of bankruptcy or other debtor-creditor proceedings against Tenant, such Security Deposit shall be deemed to be applied first to the payment of Rent and other charges due Landlord for all periods prior to filing of such proceedings. If Tenant commits a Default with respect to any provision of this Lease, including without limitation the provisions relating to the payment of Rent, Landlord may (but shall not be required to) use, apply, or retain all or any part of the Security Deposit for the payment of any Rent or any other sum in default, or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant's Default or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's Default. If any portion of the Security Deposit is so used or applied, Tenant shall, within five (5) days or written demand therefore by Landlord, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount, and Tenant's failure to do so shall be a material Default of this Lease. Landlord shall not be required to keep the Security Deposit separate :fi::om its general Error! Unknown document property nameJ062266-0200
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funds and Tenant shall not be entitled to interest on the Security Deposit. If Tenant fully performs every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant (or, at Landlord's option, to the last assignee ofTenant's interest . hereunder) upon termination of this Lease. fu the event of termination of Landlord's interest in this Lease, Landlord shall transfer the Security Deposit to Landlord's successor in interest, and upon such transfer Landlord shall be discharged from any further liability with respect to the Security Deposit.

SECTION 16.01

ARTICLE XVI

MISCELLANEOUS
LANDLORD'S RIGHT OF ACCESS.

Upon reasonable prior notice to Tenant, Landlord and its agents shall have free access to inspect the Premises during Tenant's normal business hours (or at other times in the event of a sudden and unanticipated emergency), to make reasonable repairs or installations which Landlord may be required or permitted to make hereunder, to exhib~·t th remises to prospective purchasers or tenants, and to post notices required or permitted by la SECTION 16.02 NONDISCRIMINATION. ~
Tenant covenants, by and for himself, and ccessors and assigns, and this Lease is made and accepted upon and subject to • o conditions: That there shall be no discrimina,tion against or segregation of any p o p of persons on account of race, color, creed, religion, sex, marital status, nati or any other protected class pursuant to federal, state, or local law, in the leasing, su i... ... •-~ rring, use, occupancy, tenure, or enjoyment of the Premises, nor shall Tenant, or an ing under or through Tenant, establish or permit any such practice or practi~e • ation or segregation with reference to the selection, location, number, use, or upanc o censees, tenants, lessees, sublessees, subtenants, or vendees in the Premises.

The foregoing provisions s all be binding upon and shall obligate Landlord and Tenant and any transferees or assignees of either of them.

SECTION 16.03 TRANSFER OF LANDLORD'S INTEREST.

Upon any transfer of Landlord's interest in the Premises, the transferor shall be automatically relieved of all obligations and liabilities on the part of Landlord accruing after the date of such transfer.

SECTION 16.04 SEVERABILITY.

Any provision of.this Lease which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof, and such remaining provisions shall remain in full force and effect. •
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SECTION 16.05 TIME OF ESSENCE.

Time is of the essence with respect to every provision of this Lease.

SECTION 16.06 LEASE NOT SUBJECT TO LEVY.

This Lease and the interest of Tenant hereunder shall not be subject to garnishment or sale under execution in any action or proceeding which may be brought against or by Tenant without the written consent of Landlord.

SECTION 16.07 NON-PARTNERSHIP.

It is understood and agreed that neither Party shall be construed or held to be a partner, joint venturer, affiliate, or associate of the other, nor shall either Party be liable for any debts or other obligations incurred by the other; and that the relationship of the Parties hereto is and at all times shall be and remain that of Landlord and Tenant.

SECTION 16.08 BROKERS.

Tenant hereby warrants and represents that Te alt with any brokers. Tenant shall indemnify and hold harmless Landlord from • s, costs, expenses (including, without limitation, attorneys' fees) and liability for • ssion, brokerage fee, or other charge claims against Landlord by any broker, agent, d orting to have been engaged by Tenant in connection with this Lease. • • .

SECTION 16.09 QUITCLA
At. the termination of~!llillli-::-
Landlord, within ten (10) da
document reasonably requir
from the titleto the real prope
, Ten.ant shall execute, acknowledge, and deliver to
demand from Landlord, any quitclaim deed or other
utable title company to remove the cloud of this Lease
t to this Lease.

SECTION 16.10 SAFETY AND HEALTH.

Tenant shall at all times during the Initial Term, any Extended Term, and any holdover period, comply with the requirements of the Occupational Safety and Health Act of 1970, 29 U.S.C. Section 651 et seq., and any similar legislation in California (collectively, the "Act"), to the extent that the Act applies to the Premises and operations thereon. Without limiting the generality of the foregoing, Tenant shall maintain all working areas, all machinery, structures, electrical facilities, and the like upon the Premises in a condition that fully complies with the requirements of the Act, including such requirements as would be applicable with. respect to agents, employees, or contractors of Landlord who may from time to time be present upon the Premises. Tenant shall indemnify and hold harmless Landlord from any liability, claims, or damages arising as a result of a breach of the foregoing covenant and from all costs, expenses, and charges arising therefrom including, without limitation, attorneys' fees and court costs incurred by .

Landlord in connection therewith, which indemnity obligation shall survive the termination of this Lease.

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SECTION 16.11 ATTORNEY'S FEES.

If either LandJ_ord or Tenant institutes any action or proceeding against the other relating to the provisions of this Lease, or any default hereunder, the unsuccessful Party in such action or proceeding shall reimburs.e the prevailing ·Party therein for the reasonable expenses, disbursements, and attorneys~. fees incurred therein by the prevailing Party.

SECTION 16.12 CAPTIONS.

Article, Section, and Subsection captions in this Lease have been inserted solely for the convenience of the Parties, and such captions, headings, and titles shall in no way define or limit the scope, intent, or application of any provision of this Lease.

SECTION 16.13 INUREMENT.

Subject to any provisions hereof restricting assignment or subletting by Tenant, the terms and conditions contained in the Lease shall bind the Parti2s:es their successors and assigns.

SECTION 16.14 CHOICE OF LAW.

This Lease shall be construed in. accordanc~d go ed by the internal laws of the State of California, without regard to conflict of la • iples.

SECTION 16.15 GENDER; NUMBER.

Throughout this Lease the sta
neuter, and the stated number sha
require.

SECTION 16.16 FOR
all be read to mean the feminine, masculine, or
an the singular or plural, as the context may
In the event Landlord or ant is delayed, hindered, or prevented from performing any act required hereunder by reason of strikes, lockouts, or other labor troubles, inability to procure or shortage of materials or supplies, failure of power, energy shortages, restrictive governmental laws or regulations, inclement weather, fire, explosion, earthquake or other casualty, riots, insurrection, war, act of God, or other causes that are without the fault and beyond the reasonable control of such Party, then the performance of such Party shall be excused for and extended by the period of such delay. The provisions herein shall not operate to excuse Tenant from the prompt payment of Rent or any other payment required under this Lease, unless herein otherwise expressly provided to the contrary. In no event shall Tenant's inabil1ty to obtain financing, interest rates, or market conditions excuse Tenant's performance or entitle Tenant to an extension of time for performance of its obligations set forth in this Lease.

SECTION 16.17 NO REPRESENTATIONS OR WARRANTIES BY LANDLORD.

Tenant agrees to accept physical possession of the Premises in a strictly "as-is" physical condition, subject to all matters of record and to all applicable zoning, municipal, county, state, and federal laws, ordinances, and regulations governing and regulating the use of the Premises.

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Tenant acknowledges that neither Landlord nor Landlord's agents have made any representation or warranty as to such matters of record, or as to such laws, ordinances, zoning regulations, or as to the condition of the Premises or the suitability of the Premises for the conduct of Tenant's business. Landlord reserves the absolute right to lease other space within Landlord's Property as Landlord, in the exercise of its sole business judgment, shall determine to better promote its interests. Tenant does not rely on the fact, nor does Landlord represent, that a:riy specific tenant or number of tenants shall during the Initial Term or Extended Term occupy any other space within the Landlord's Property.

SECTION 16.18 EFFECTIVENESS OF LEASE.

Submission of this instrument for examination or signature by Tenant does not constitute an offer of or option to lease; it is not effective as a lease otherwise until execution by Landlord and delivery thereof to Tenant.

SECTION 16.19 INCORPORATION OF PRIOR LEASE AGREEMENTS.

This Lease and the Exhibits hereto cover in full eac d every agreement of every kind or nature whatsoever between the Parties concerning the P and all preliminary negotiations and agreements of whatsoever kind or nature, excer, ose co • ed herein, are superseded and of no further force or effect. Landlord has made ep ntatio s or promises whatsoever with respect to the Premises, except those contained her .d no other person, firm, or corporation has at any time had any authority from Landlo, ............ rnak representations or promises on behalf of Landlord, and Tenant expressly agrees that Ii representations or promises have been made by others, Tenant hereby waive • t rely therepn. No verbal agreement or implied covenant shall be held to vary the s o this Lease, any statute, law or custom to the contrary notwithstanding. No provis ease may be amended or added to except by an agreement in writing signed • s hereto or their respective successors in it interest.

Tenant, by initialing this se wl <iges that it has read the same and understands it to be a waiver of any right to rely resentations or agreements concerning the Premises not expressly set forth in this Lease.

Tenant's Initials
Landlord's
SECTION 16.20 NOTICES.

Any notice required or permitted hereunder shall be in writing and shall be served personally or by certified or registered mail. If served by mail, notice shall be addressed as specified in Article I. Any notice given by mail shall be deemed to have been delivered seventytwo (72) hours after deposit in the United States mail, postage prepaid and addressed as specified in Article I. Either Party may by written notice to the other specify a different address for notice.

SECTION 16.21 SERVICE OF PROCESS.

Tenant hereby appoints as its agent for receiving service of legal process on behalf of Tenant the person or entity identified in Article I at the address specified therein. Tenant shall not Error! Unknown document property nameJ062266-0200 •
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4-19-22 / 4F(1)-35
revoke or rescind the above appointment or otherwise relieve or replace said agent without first notifying Landlord in writing of the name and address of another agent to be substituted in lieu thereof. Such notice shall specify the effective date of substitution .

SECTION 16.22 . COUNTERPARTS.

This Lease may be signed by the Parties in several counterparts, and each of the signature pages shall be deemed to be an original copy and combined shall be a document binding on the Parties.
[Signature Page to Follow]
lN WITNESS WHEREOF, Landlord and Tenant have duly executed this Lease to be

OF SAN CLEMENTE,
fornia municipal corporation
Dated: ---------'-----:;;11P By: ______________ _
ATTEST:

City Clerk
APPROVED AS TO FORM:

By: ____________ _
City Attorney
Dated: -------------
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Mayor
Tenant:

Austin Husband-Mckinnon,
DBA Bicycles San Clemente
By: ______________ _
4-19-22 I 4F(1 )-36
EXHIBIT "A"

DEPICTION OF THE PREMISES
)
_/
)
_ ... ,~ ,. ..... ---,-·- ............. ,

SITE PLAN
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T
AMOA t:S IACION :
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0 4-19-22 I 4F(1 )-37
EXHIBIT "B"

CONCEPT PROPOSAL
Prepared by: Austin Husband-Mckinnon
Email Address: Austin Mckinnon [email protected] The following proposal was submitted for Bicycles San Clemente. Note that not all elements or services proposed are authorized. Proposal is incorporated for reference only and does not constitute a permit or license for uses or esrvices other than what is described within the lease.

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4-19-22 I 4F(1 )-38
Austin Husband-Mckinnon
[email protected]
949-878-8281
Request For Proposal Response
Introduction
This form will entail my plans for the North Beach Depot Concessionaire, I will be the sole proprietor for the business. I grew up in Dana Point and spent my childhood on the beaches of San Clemente. This is not only a magnificent beach town, it is a place I am grateful to call my home. I would be honored to start a business and give back to the community I am proud to be a part of. I have been a lifelong bicyclist. I ride my bike to work every morning and I will promote the use of bicycling as a recreational hobby and as a means of transportation.

Qualifications
I have been working at Bicycles San Clemente (Urban Bicycle Outfitters) for over 10 years and manage all operations and the two current employees. I will be keeping full-time employee Berkley Baldwin on my team. She has worked beside me for nearly six years and is a great addition. The current owner, Pete Van Nuys, has been a mentor and would vouch for my work ethic and adaptability. He will sell me the current inventory to make for a smooth transition. I am a certified e-bike mechanic and currently training to become a Bosch specialist. I will be the sole proprietor of this business, but will have help from the people I have met in my decade of working at Bicycles San Clemente including supporters in the bicycle community, established customer base, and the Transportation Advocacy Community. I also have contacts and the support of North Beach residents like local contractor George Gregory who appreciates what this business has done to preserve this landmark building standing at the northern gateway to San Clemente.

Business Plan
I will continue to run the shop as a welcome center for tourists, be that long distance cyclists, day trippers, train users, or anyone who happens to walk by, offering snacks, refreshments, and advice on where to go and what to see.

I will continue renting bicycles and e-bikes. Consistent with a rule we established three years ago we will prohibit our e-bikes from the beach trail, while still having plenty of non-electric options.

I will continue to sell regular bicycles and legally compliant e-bikes from brands I know and trust such as lzip, Haibike, and Fuji. I plan to add foam surf and bodyboards in the next six months to go with our rental options.
4-19-22 I 4F(1 )-39
I understand the importance of a social media presence. I will post regularly on our lnstagram and Facebook pages with current hours, promotional details, bicycle-related news and local events.

Being the only place in town for Eliptigo's I will continue to rent/sell/service Eliptigo's. They are a fantastic device for endurance athletes and through my years of working with them I have seen them become more popular.

Nutritional sports snacks, cold electrolyte drinks and bottled water will be available to set us apart from other rental businesses. I will stock a careful inventory of repair parts, tires, tubes, locks, lights, racks, and baskets to keep bikes running and useful. Gloves, helmets and mirrors will help riders be safe.

I plan on continuing the tradition of collecting donations to support the Christmas bicycle drive for the Boys and Girls Club.

Services
Mechanical services are a defining feature of our business. Bicycle repair and adjustment is important to the hundreds of recreational riders who pass by, and as a major crossroads on the Pacific Coast Bike Route, repair is vital to hundreds of bicycle tourists from around the world. I will continue to provide skilled bicycle maintenance and repair to residents and visitors alike. Complementary air and water for all riders will be continued and we will train customers in proper bike service, too.

I will continue to provide the fastest repairs we could perform to help riders get back on the road. If the job is beyond our abilities or out of our time frame, we refer them to .the appropriate bike shop for the job.

Due to the sudden influx of new riders that e-bikes brought on, I plan on teaching bicycle safety classes focused on riding efficiently, legally and safely. Classes will be scheduled this spring.

Bicycle Advocacy will be a component of my business plan, helping the city with the growing burden motorized bicycles are placing on our neighborhood's trails and paths.

Communicating with engineering staff and city council on ways to alleviate the issue.

Facility Plan
Exterior and interior painting will keep the building fresh and presentable; plaster repair and replacement casement windows is negotiable. In cooperation with city landscaping crews we maintain shrubbery in the interest of esthetics and security. I'll be adding exterior security cameras.

Financial plan
I will pay $1,000 or 10% whichever is higher. Present owner's historic gross annually has been between $100-$140k. In 11 years our prices have never been 4-19-22 I 4F(1)-40
raised. Our operating expenses are 60-70% of gross. I have $30K initial funding (see attachment) which will allow me to buy the store's current inventory and increase our e-bike rental fleet-to ten. More e-bike and higher e-bike rental rates will increase monthly gross sufficiently to cover the increase of $700 additional rent. I have budgeted . monthly expenses for payroll, workers comp, insurance, cost of goods sold, operational • supplies, and additional security.

I plan on raising rental rates in line with competition, roughly 30%, still, our rates will remain reasonable for families and groups, to experience the Beach Trail and our beautiful town/beaches.

Single Speed Beach Cruiser $12 hr/ $15 2 hrs/ $18 3 hrs 7 Speed Beach Cruiser
E-bikes
Tandem
Surfboards/Bodyboards
Summary
$15 hr/ $20 2hrs/ $25 3hrs
$35 hr/ $45 2hrs/ $55 3hrs
$20 hr/ $28 2hrs/ $36 3hrs
$9 hr/ $12 2hrs/ $15 3hrs
With this being my first time as a sole proprietor, I have a seller's permit, I do not have a small business license, and will be .in the process of obtaining an LLC granted the proposal guarantee. Based on 1 O years experien~e in this very business I have · faith in my own abilities and drive to be succes~ful. Like the Beach Trail that adjoins it, this location i.s absolutely unique to San Clemente. It combines transportation, recreation, and public service. Any pursuit of additional city revenue which undermines one of these aspects lessens its value to residents and visitors alike. I love San Clemente and look forward to contributing to it's thriving outdoor lifestyle. Beyond careful expansion of products and services offered, I plan to continue a mixed rental and retail business with minimal outward visible changes and continued support of local businesses.
4-19-22 / 4F(1 )-41

ARTICLE I

ARTICLE II
SECTION 2.01
SECTION 2.02
SECTION 2.03

ARTICLE III
SECTION 3.01
SECTION 3.02
SECTION 3.03
'ARTICLE IV
SECTION 4.01
SECTION 4.02
SECTION 4.03
SECTION 4.04
SECTION 4.05
SECTION 4.06
SECTION 4.07

4.07.1 4.07.2

4.07.3 ARTICLEV
SECTION 5.01

5.01.1 • 5.01.2
SECTION 5.02

5.02.1 5.02.2

ARTICLE VI
SECTION 6.01
SECTION 6.02
SECTION 6.03

6.03.1 6.03.2
SECTION 6.04

ARTICLE VII
SECTION 7.01

TABLE OF CONTENTS
SUMMARY OF FUNDAMENTAL LEASE TERMS ................. 1
LEASE OF PREMISES ................................................................. 3 GENERAL ................................................... , ................................ 3 QUIET ENJOYMENT .................................. _ ................................ 3 AS-IS CONDITION ..................................................................... 3 TERM ........................................................................................... 4 COMMENCEMENT AND DURATION ..................................... 4 OPTIONS TO EXTEND TERM OF LEASE .............................. .4 SURRENDER; HOLDING OVER. ............. : ................................ 4 RENT .......................................................................................... 4 AMOUNT OF RENT. ......... .. ................................................... 4 TIME OF PAYMENT..... .... .. ............................................... 4 CALCULATION ERENT .............................. 5
ACCOUNTING S S S ........................................ 5 MAINTEN PECTION OF RECORDS;
AUDIT........... .......T ................................................................ 6 MANNER OF _.-._. ......................................................... 7 DELIN ...................................................... 7 futere· ....... ...... .. ............................................................... 7 Late ................................................................................... 8 ·ghts .................................................................. ; .... 8 ND UTILITY CHARGES ............................................ 8 ...................................................................................... 8 Taxes for Possession of Premises ................................................. 8 Right to Contest Taxes .................................................................. 8 UTILITIES .................................................................................... 9 Payment for Services .................................................................... 9 futerruption of Service .................................................................. 9 USE OF PREMISES ................................................................... 10 USE ............................................................................................. 10 HOURS OF OPERATION ......................................................... 10 RESTRICTIONS ON USE ......................................................... 10 Access for Disabled Persons ....................................................... 1 O Nuisance, Waste, Peaceful Co-existence .................................... 11 TENANT'S CONDUCT OF BUSINESS ................................... 11 MAINTENANCE AND REPAIRS ........ ~ ................................... 12 GENERAL PROVISIONS ......................................................... 12 Error! Unknown document property nnme./062266-0200
Error! Unknown document property name .. Error! Unknown document property name. a04/13/22 -i4-19-22 / 4F(1 )-42 SECTION 7.02

ARTICLE VIII
SECTION 8.01
SECTION 8.02

ARTICLE IX
SECTION 9.01
SECTION 9.02
SECTION 9.03
SECTION 9.04
SECTION 9.05
SECTION 9.06

ARTICLEX
· 9.06.1

9.06.2 9.06.3

9.06.4 •

9.06.5 SECTION 10.01
SECTION 10.02
SECTION 10.03
SECTION 10.04

ARTICLE XI

ARTICLE XII
SECTION 12.01

12.01.1 12.01.2

12.01.3 12.01.4

12.01.5 12.01.6
SECTION 12.02
SECTION 12.03

12.03.1 12.03.2

12.03.3 12.03.4
SECTION 12.04

12.04.1 LANDLORD'S RIGHT OF SUBSTITUTED
PERFOR.MAN'CE ....................................................................... 12

CONSTRUCTION, ADDITIONS, ALTERATIONS,
AND IMPROVEMENTS ........................................................... 12 TENANT IMPROVEMENTS .................................................... 12 TENAN"T'S PROPERTY ............................................................ 13 INSURANCE; INDEMNITY ...................................................... 14 TENAN"T'S INSURANCE .......... , .............................................. 14 W AIYER OF SUBROGATION ................................................. 16 INCREASES IN INSURANCE COSTS .................................... 16 INDEMNITY .............................................................................. 16 EXEMPTION OF LANDLORD ................................................ 17 CASUALTY DAMAGE ............................................................. 17 Destruction by Risk Covered b fusurance ............................... '.17 Damage Not Covered by In ce ............................................ 17 Replacement of Tenant' ............................................. 18 Damage Near End of ......................................... 18 Abatement of Rent... . ......................................... 18

ASSIGNMEN

REQUIREME
LETTING ..................................... 18
L,,,__,.1..1LORD'S CONSENT .................... 18
CERT ERS ............................ : .............................. 19 OBL
T
~ .... ,...., LIABILITIES OF
........................................................................... 19 OR RELEASE ..................................................... 19 res· LIENS ............................................................... 19 DEF ULT, TERMINATION, AND REMEDIES ..................... 20 DEFINITION OF DEFAULT. .................................................... 20 Rent Default. ............................................................................... 20 Abandonment. ............................................................................. 20 Failure to Perform Covenants ......................... : ........................... 20 Falsification of Statements .......................................................... 21 Assignment of Leasehold Interest. .............................................. 21 Insolvency ................................................................................... 21 NOTICE OF DEFAULT ............................................................. 21 LANDLORD'S REMEDIES ...................................................... 21 Continuation of Tenant's Interest. .............................................. 22 Termination of Tenant's Interest. ............................................... 22 Right to Appoint Receiver .......................................................... 22 Right to Cure at Tenant's Expense ............................................. 22 TERMINATION OF LEASE DAMAGES ................................ 23 Unpaid Rent at Termination ........................................................ 23 Error! Unknown document property itameJ062266-0200
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12.04.2 12.04.3

12.04.4 SECTION 12.05
• 12.05.1

12.05.2 SECTION 12.06
SECTION 12.07
SECTION 12.08
SECTION 12.09
SECTION 12.10
SECTION 12.11
SECTION 12.12
SECTION 12.13

ARTICLE XIII
SECTION 13.01
SECTION 13.02
SECTION 13.03

13.03.1 13.03.2
SECTION 13.04

ARTICLE XIV
SECTION 14.01
SECTION 14.02

ARTICLE XV

ARTICLE XVI
SECTION 16.01
SECTION 16.02
SECTION 16.03
SECTION 16.04
SECTION 16.05 •
SECTION 16.06
SECTION 16.07
SECTION 16.08
SECTION 16.09
SECTION 16.10
SECTION 16.11
SECTION 16.12
SECTION 16.13
SECTION 16.14
Page
Unpaid Rent at Award ................................................................ 23 Future Rent. ................................................................................. 23 Other Amounts ............................................................................ 23 TERMS DEFINED ..................................................................... 23 Worth at the Time of Award ................................................ , ...... 23 Time of Award ............................................................................ 23 LANDLORD'S DEFAULT ........................................................ 24 INDEMNIFICATION UNAFFECTED ...................................... 24 NO TERMINATION .................................................................. 24 TERMINATION AND ENTRY. .................................... , ........... 24 LIEN FOR RENT ....................................................................... 24 WAIVER ..................................................................................... 25 SURRENDER ............................................................................. 25 CUMULATIVE REMEDIES ............................................ • ......... 26 COMMON AREAS: USE,
COSTS.............................. . ................................................ 26 DEFINITIONS.............. .......... . ............................................ 26 TENANT'S RIGHT SE; T T'S
COOPERATION..... . ...................................................... 26 CONTROL BY .................................................... 27 Management.... . ...................................................... 27 Exclusive ................................................................. :.27 PAR1 .................................................................... 27 ................................................................................... 27 ACTIVITIES ......................... ; ............................ 27 ANCE ....................................................................... 28 Y DEPOSIT ......................................................... : ...... 28 MISCELLANEOUS ................................................................... 29 LANDLORD'S RIGHT OF ACCESS ........................................ 29 NONDISCRIMINATION ........................................................... 29 TRANSFER OF LANDLORD'S INTEREST ............................ 29 SEVERABILITY ........................................................................ 29 TIME OF ESSENCE .................................................................. 30 LEASE NOT SUBJECT TO LEVY ........................................... 30 NON~P ARTNERSHIP ................................................................ 30 BROKERS .................................................................................. 30 QUITCLAIM ..................... , ........................................................ 30 SAFETY AND HEALTH ........................................................... 30 ATTORNEY'S FEES ................................................................. 31 CAPTIONS ................................................................................. 31 INUREMENT ............................................................................. 31 CHOICE OF LAW ..................................................................... 31 Error! Unknown document property nameJ062266-0200
Error! Unknown document property name .. Error! Unknown document property name. a04/13/22 -iii4-19-22 / 4F(1 )-44 SECTION 16.15
SECTION 16.16
SECTION 16.17
SECTION 16.18
SECTION.16.19
SECTION 16.20
SECTION 16.21
SECTION 16.22
Page
GENDER; NlJMBER ..................... ; ........................................... 31 FORCE MAJEURE ................ ; ................................................... 31

NO REPRESENTATIONS OR WARRANTIES BY
LANDLORD ............................................................................... 31 EFFECTIVENESS OF LEASE. : .................................. : ............. 32

INCORPORATION OF PRIOR LEASE
AGREEMENTS .......................................................................... 32 NOTICES ............................. , ...................................................... 32 SERVICE OF PROCESS ........................................................... 32 COlJNTERPARTS ..................................................................... 33 Error! Unknown document property name/062266-0200
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Department
Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: April 19, 2022
Finance and Administrative Services
Erik Sund, City Manager

DESIGNATION OF LEGAL FEES
Agenda Item
Approvals:

City Manager
Dept Head
4G(l)
4/}J)
--=---=--
Attorney -CJ._
Finance~
Fiscal Impact: Yes. A budget appropriation of $128,000 is being requested.

Summary: As significant legal matters arise, it has been staffs intent to obtain City Council approval prior to incurring substantial legal costs on the matter. Staff will provide City Council with a description of the matter and an estimated cost of the legal services required. If legal costs for the matter continue beyond the original estimate, staff will bring the item back to City Council for further review.

If the estimated legal costs are approved by Council, but exceed the remaining available legal budget for the fiscal year, additional budget appropriations will be requested, as needed.

Discussion: At this time, these are the legal matters for which staff seeks Council approval to proceed:

Case budget for Laura Ferguson v. City of San Clemente (Writ of Mandate) Best Best & Krieger, LLP
Estimate $128,000
As the Council is aware, Councilmember Laura Ferguson filed a writ of mandamus against the City of San Clemente, and then-current City Councilmembers Gene James, Kathleen Ward and Cliris Hamm, and City Manager Erik Sund (collectively, "City") asserting claims that the City improperly withheld documents pursuant to her Public Records Act request for communications regarding her censure in November 2020. The City assumed defense of former Councilmember Chris Hamm in the matter and discovery has been underway since the filing of the City's verified answer in November 2021. The City is currently in the process of responding to Petitioner's second set of discovery requests. To date the City has incurred $41,000 in fees and costs in this matter. Although the City intends to explore options for settlement, the City Attorney has estimated the total budget amount in the event the matter is carried to completion. Therefore staff is seeking a budget designation of $128,000 to ensure sufficient funds are allocated, if needed.

Finance and Administrative Services Agenda Report 4-19-22 I 4G(1 )-1 Agenda Report Page2
Recommended
Action: STAFF RECOMMENDS THAT the City Council:

Attachments:

1. Approve the estimated legal costs for the legal matter noted in this report; and

2. Approve a supplemental appropriation from the General Fund's Unassigned Fund Balance in the amount of $128,000 to Other Legal Services, Account #001-203-43635-000-00000.

Notification: None
4-19-22 I 4G(1 )-2
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Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: April 19, 2022
City Clerk
Laura Campagnolo, Legislative Administrator
Agenda Item
Approvals:

City Manager
Dept. Head
Attorney
Finance

SCHEDULING OF M EETINGS TO INTERVIEW AND APPOINT INDIVIDUALS TO SERVE ON

VARIOUS CITY COMMISSIONS AND COMMITTEES
Fiscal Impact: None.

Summary: Municipal Code Section 2.40.030 requires that the City Clerk report to Council at least 60 days prior to the expiration of terms of City appointees. The purpose of this provision is to enable Council to authorize the City Clerk to advertise the vacancies and to schedule a date(s) for Council to interview applicants and make appointments.

Accordingly, this item is agendized for Council consideration at this time.

Recommended
The terms of 19 individuals who serve on City Commissions and Committees will expire on June 30, 2022, and resignation of a Planning Commissioner whose term was set to expire on June 30, 2023, as follows:

Planning Commission - 5 Vacancies (4 terms expire on June 30, 2022 and one resignation from Hannah Tyler whose term was set to expire on June 30, 2023).

Golf Course Committee - 3 Vacancies
Beaches, Parks and Recreation Commission - 4 Vacancies .

Human Affairs Committee - 4 Vacancies
Investment Advisory Committee - 1 Vacancy (citizen position) Public Safety Committee - 3 Vacancies (two committee members and a vacancy)
Attachment 1 of this Administrative Report is a Local Appointments List that identifies the current position incumbents whose terms are due to expire on June 30, 2022.

Action: STAFF RECOMMENDS THAT the City Council take action as follows:

1. Authorize the Legislative Administrator to advertise to fill 19 vacancies on the Planning Commission, Golf Course Committee, Beaches, Parks and Recreation Commission, Human Affairs Committee, and Investment Advisory Committee. All positions are for two-year terms to expire June 30, 2024.

2. Authorize the Legislative Administrator to advertise to fill 1 vacancy on the Planning Commission for a one-year term to expire June 30, 2023, to fill the position of Hannah Tyler who recently resigned .

City Clerk Agenda Report 4-19-22 / 5A(1 )-1
' Agenda Report Page2

3. Establish two meeting dates in June 2022 to interview and appoint individuals to fill the upcoming vacancies.

Attachment: 1) Local Appointments List
2) 2022 City Council Meeting Calendar
4-19-22 / 5A( 1 )-2
Local Appointments List
Commission and Committee
Member Terms to Expire in 2022
Planning Commission Date of Date Term
Appointment Expires
Cameron Cosgrove June 2021 June 2022
Gary Mccaughan June 2021 June 2022
Scott Mcl<hann June 2021 June 2022
Karen Prescott-Loeffler June 2021 June 2022
Golf Course Committee
Nick Azzollini July 2021 June 2022
Mandy Hamilton July 2021 June 2022
Ben Page July 2021 June 2022
Beaches, Parks and Recreation
Commission
John Bandaruk July 2021 June 2022
Rob Feuerstein July 2021 June 2022
Vincent Hennessy July 2021 June 2022
Aaron Washington July 2021 June 2022
Human Affairs Committee
Shari Grace July 2021 June 2022
William Kreutinger July 2021 June 2022
Thomas Olds July 2021 June 2022
Rosemary Salas July 2021 June 2022
Posted to City website and bulletin board on November 19, 2021 Attachment 1
Qualifications
City Resident
City Resident
City Resident
City Resident
City Resident
City Resident
City Resident
City Resident
City Resident
City Resident
City Resident
City Resident
City Resident
City Resident
City Resident
4-19-22 I 5A( 1 )-3
Attachment 1
Investment Advisory Committee Date of Date Term Qualifications Appointment Expires
Ryan Bourque July 2021 June 2022 City Resident
Public Safety Committee
Joe Janis July 2021 June 2022 Technical Professional
with Public Safety
Background (City
residency not required)
Rick Loeffler July 2021 June 2022 Technical Professional with Public Safety
• Background (City
residency not required)
Vacant N/A June 2022 Technical Professional
with Public Safety
Background (City
residency not required)
Posted to City website and bulletin board on November 19, 2021 4-19-22 I 5A( 1 )-4 2022 Council Meeting Agenda Calendar ATTACHMENT 2
January February March April
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25 26 27 28 29 30 23 24 25 26 27 28 29 27 28 29 30 25 (0 I
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--01
)>
-- Holidays [ staff Reports Due r:-·1 Council Meeting ■ Joint Meeting Furlough ->, Dark Fridays -I IL., .,,.,.iif, 01 ( 15 days prior to mtg date)
Cancelled City Council Meeting
Note: The City Council meetings of January 4, 2022, July 5, 2022, August 2, 2022 and January 3, 2023 have been cancelled.

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Department:

Prepared By:

Subject:

Agenda Item 9AApprovals:

AGENDA REPORT City Manager ls
Dept. Head
SAN CLEMENTE CITY COUNCIL MEETING Attorney C,-Y Meeting Date: April 19, 2022 Finance ~I<- Beaches, Parks & Recreation
Samantha Wylie, Beaches, Parks & Recreation Director

CONSIDERATION OF TILE MURAL INSTALLA T/ON IN COURTNEY'S SANDCASL TE

PLA YGROUNDISENSORY GARDEN DONA TED BY COURTNEY'S SANDCASTLE FOUNDATION Fiscal Impact: None.

Summary: Staff recommends that Council approve the installation of a tile mural at Courtney's Sandcastle Playground. The purpose of the installation of the mural is to recognize Courtney's Sandcastle Foundation board members for their dedication and commitment to the playground's development over its decades-long existence.

Background: At its April 5, 2022 meeting the City Council reviewed a Staff Report on a donation from the Courtney's Sandcastle Foundation ("Foundation") for the installation of sensory panels and a tile mural in the Sensory Garden.

After discussion, Council requested to table the item until its April 19, 2022 meeting to allow for the Foundation to present during its discussion.

Discussion: The tile mural (Attachment 1) displays the Foundation's logo and the names of all board members since its inception. The Foundation has requested to install this mural on a raised planter located in the Sensory Garden. The mural is proposed to be 72"x30" and will be comprised of 6"x6" individual tiles. It has an estimated value of $1,500.

Plan & Policy
Consistency: The project is consistent with related General Plan policies as shown below.

Policy Project Consistency
UD-1.02 Design of Public Plazas and Consistent. The project proposes a tile Spaces. "We require public plazas and mural displaying the Courtney's spaces to be designed for safety, comfort, Sandcastle logo in a public space, convenience, and universal accessibility. adding public art consistent with the They should be well-defined by policy.
surrounding buildings, located near the
public street for good visibility and
convenience and incorporate amenities
such as seating, distinctive focal points,
Recreation Agenda Report
4-19-22 I 9A-1
1)
Agenda Report Page2
public art. shade trees, and/or eating and
entertainment facilities."
BPR-7.04. Community Support. "We Consistent. This project utilizes a encourage neighborhood groups, donation from a local non-profit organizations, and businesses to become organization to enhance existing active supporters of our beaches and playground, facilities. parks facilities and programs_ through
contributions of goods, seNices, labor,
and money."
Recommended
Action: STAFF RECOMMENDS THAT the City Council approve the installation of a tile mural in -Courtney's Sandcastle Playground Sensory Garden and that the tile mural display be entered into the same guidelines consistent with the Public art in Public Places/C.A.R.E. Program.

Attachments: 1. Tile Mural Depiction
Notification: Courtney's Sandcastle Foundation
4-19-22 / 9A-2
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IN APPRECIATION OF THE MANY V OLUNTEE R S T H AT DEDICAT ED T H EIR TIME

TO SERVING ON THE COURTNEY'S SANDCASTLE CHARITABLE FOUNDATION 4-19-22 I 9A-4
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