Agenda packet, regular meeting, second session — San Clemente City Council, June 17, 2025 (part 6 of 7)

15 ownership, right, title, security interest, or other interest in any Participant Agency Administered Program materials or supplies, nor any rights duties, or responsibilities, therefor.
3 .4 Participant Agency is responsible for assuring that any Participant Agency Administered Program complies with all federal, state, and local requirements.

3.5 Participant Agency agrees to cooperate with MWDOC's data management activities related to assessing device saturation and program success.

3.6 As part of any Participant Agency Administered Program, Participant Agency shall use, maintain, and submit to MWDOC within the designated timeframe an electronic database, to be approved by MWDOC prior to use, for any conservation items installed, distributed, or rebated by Participant Agency or its agents to avoid duplicate distributions and to determine the saturation rate of items by the appropriate geographic delineation.

3. 7 Participant Agency is solely responsible for the performance of its staff or representatives in complying with the terms of this Agreement and for the proper allocation and appropriate use of funds provided by Metropolitan and/or MWDOC for the purpose of achieving water conservation savings under this Agreement.

Section 4: MWDOC's Obligations

4.1 MWDOC will be responsible to Participant Agency for ensuring that timely reports on the Programs' results are prepared by MWDOC's staff.

4.2 MWDOC will develop a database of information regarding participation in the Programs and provide monthly electronic and/or written reports of activity to Participant Agency.

4.3 MWDOC will invoice Participant Agency for any Participant Agency funding obligations on a monthly basis for rebates issued in the previous month.

4.4 MWDOC does not guarantee any minimum number of rebates will be available for Participant Agency's service area.

Section 5 Marketing.

5.1 Participant Agency agrees to assist in the marketing of programs it participates in under this Agreement. With regard to Participant Agency Administered Programs, Participant Agency will be solely responsible for marketing its Participant Agency Administered Program to customers in its service area.

Section 6: Installation Verification

6.1 Participant Agency shall be responsible for conducting installation verifications of items installed, distributed, and/or rebated by Participant Agency under Participant Agency Page I 5
16 Administered Programs, and/or for paying all costs associated with this verification.

Installation verification measures for program devices must be designed to ensure that materials, installation verifications of eligible program devices, and services meet requirements established by Metropolitan, which requirements will be provided to Participant Agency by MWDOC.

6.2 Participant Agency may be responsible for conducting installation verifications of items installed, distributed, and/or rebated by Participant Agency or MWDOC under MWDOC Administered Programs, and/or for paying all costs associated with this verification.

6.3 MWDOC reserves the right to conduct installation verification of items within Participant Agency's service area.

6.4 Participant Agency acknowledges that any device receiving funding from Metropolitan may be subject to an installation verification to be performed by Metropolitan, or its agent(s), at Metropolitan's discretion.

6.5 Participant Agency shall promptly refund to MWDOC any amounts paid under any Participant Agency Administered Program or MWDOC Administered Program for installed or distributed devices in the event MWDOC or Metropolitan establishes via installation verification that the program devices were not installed.

Section 7: Reporting and Invoicing

7.1 For any and all Supplemental Funding provided by Participant Agency and/or Participant Agency provided funding or inspection costs under the MWDOC Administered Programs pursuant to Section 2 of this Agreement, and as more particularly described in Addendums 2 and 3, MWDOC will invoice Participant Agency on a monthly basis for the cost of such funding, and Participant Agency must pay the full amount of such invoice within thirty (30) days of receipt of any such invoice.

7.2 For any and all Participant Agency Administered Program(s), Participant Agency will invoice MWDOC on a monthly basis, by the 10th of each month, for any approved funding and costs associated with the Participant Agency Administered Program(s) as indicated in and subject to the provisions of Addendum 4. MWDOC is under no responsibility to reimburse Participant Agency for any costs incurred by Participant Agency that are not approved by MWDOC consistent with the terms and conditions of this Agreement and Addendum 4. The invoice package shall include a fully completed, to the satisfaction of MWDOC, Excel customer/applicant spreadsheet showing program activity, and an invoice, signed by the General Manager or designee of Participant Agency, certifying the information provided as accurate. Participant Agency shall use the Excel customer/applicant spreadsheet and Invoice forms approved by MWDOC.

Page I 6
17 7.3 Participant Agency shall maintain all Participant Agency Administered Program in.formation, including Participant Agency applications, water bills, and purchase n:ceipts, for a period of seven years from the end date of this Agreement.

7.4 Payment of Participant Agency invoices shall be in the form of either a credit on MWDOC's water bill to Participant Agency or a check made payable to Participant Agency. Method of payment shall be at MWDOC's discretion.

Section 8: Confidentiality

8.1 MWDOC agrees to maintain the confidentiality of Participant Agency's customer names, addresses, and other information gathered in connection with this Agreement. MWDOC will not cause or permit the disclosure of such information expect as necessary to carry out any of the MWDOC Administered or Participant Agency Administered Programs, or as required by law. To the extent that MWDOC contracts with third party contractors to carry out all or any portion of any of the Programs, MWDOC will require such contractors to maintain the confidentiality of such customer information.

8.2 Notwithstanding anything to the contrary in this Agreement, Participant Agency acknowledges and agrees that MWDOC may request and use historical water consumption data for purposes of satisfying any grant water use and water quality evaluation requirements of any of the Programs. Participant Agency also acknowledges and agrees that MWDOC may also request to use Program applicant information, such as name, mailing address, site photos, and email address to market other water use efficiency programs to past applicants. A similar provision will be required of every individual applicant.

Section 9. Indemnification.

9.1 The parties agree that each Party shall be responsible for its own actions, and the actions of its officers, employees, and agents, in performing services under this Agreement.

Except as provided in this Agreement and its Addendums, each Party agrees to indemnify and hold the other Party and its officers and agents harmless and agrees to defend the other Party against any claim or asserted liability arising out of its actions, either willful or negligent, or the actions of its officers, employees, and agents, in performing services pursuant to this Agreement. Such indemnity will include any losses relating to any claim made, whether or not a court action is filed, and will include attorney fees and administrative and overhead costs related to or arising out of such claim or asserted liability.
9 .2 Participant Agency shall include the following language in its agreement with any consultant or contractor retained by Participant Agency to work on any of the Program" "(Consultant) agrees at is sole cost and expense to protect, indemnify, defend, and hold harmless Metropolitan, MWDOC, and their associated Boards of Directors, officers, representatives, agents and employees from and against any and all claims and liability

Page 17 ends

18 of any kind (including, but not limited to, any claims or liability for injury or death to any person, damage to property, natural resources or to the environment, or water quality problems) that arise out of or related to Participant Agency's approval, construction, operation, repair, or ownership of any Program. Such indemnity shall include all damages and losses related to any claim made, whether or not a court action is filed, and shall include attorneys' fees, administrative and overhead costs, engineering and consulting fees, and all other costs related to our arising out of such claim or asserted liability."
Section 10. Certification re Lobbying ( 43 CFR 18)

10.1 The undersigned hereby certifies on behalf of Participant Agency that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Participant Agency, to any person for influencing or attempting to influence an officer or employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with a Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions. To the extent federal funds are involved, the Participant Agency shall require that the language of this certification be included in the awards documents for any sub-awards by the Participant Agency at all tiers (including sub-contracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that sub-recipients, if any, shall certify accordingly.

Section 11. Other Terms

11.1 Any alteration or variation of the terms of this Agreement will not be valid unless made in writing and signed by both Parties.

11.2 This Agreement will inure to the benefit of and be binding upon the Parties and their respective successors.

11.3 The partial or total invalidity of one or more parts of this Agreement will not affect the intent or validity of this Agreement.

11.4 This agreement shall be deemed a contract made under the laws of the State of California, and for all purposes will be interpreted in accordance with such laws. The Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California, and that the venue of any action brought hereunder will be in Orange County, California.

Ill
Ill

Page 18 ends

19 11.5 This Agreement constitutes the entire agreement between the Parties.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement.

MUNICIPAL WATER DISTRICT

OF ORANGE COUNTY
By:

Date:

General Manager ,..-
J:-~ () - J -S

Page 19 ends

CITY OF SAN CLEMENTE
By:

Date:

Water Consez ation Analyst
v-(Url()
Attachment 4
20 FIRST AMENDMENT TO WATER CONSERVATION PARTICIPATION

AGREEMENT
This First Amendment to Water Conservation Participation Agreement ('First Amendment") is effective on July 1, 2016 ("Effe_ctive Date"), by and between the Municipal Water District of Orange County ("MWDOC") and 0 S'M (lexf\~ ("Participant Agency") MWDOC and Pat1icipant Agency m e collectively referred to as "Parties" and individually as "Party."

RECITALS
A. MWDOC and Participating Agency entered into a Water Conservation Participation Agreement regarding the Participating Agency's participation in certain water conservation programs ("Agreement").

B. The Parties now desire to amend the Agreement to make certain changes to provisions regarding verification of the installation of items and devices installed as part of certain water conservation incentive programs.

TERMS
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to amend the Agreement as follows:
l. Amendment. Section J is added to the Recitals to read as follows:

2. "J. The purpose of this Agreement is also to acknowledge that Participating Agency is participating in MWDOC's Choice Water Use Efficiency Program ("WUE Program") and in doing so is agreeing to pay for its proportionate share of MWDOC's administrative and direct program costs of the WUE Program."
Amendment. Section l .7 is added to the Agreement to read as follows:
" l. 7 Participating Agency understands that by entering into this Agreement it is pat1icipating in MWDOC's Choice Water Use Efficiency Program ("WUE Program") and agrees to pay MWDOC for its proportionate share of MWDOC's costs for administering the WUE Program based on Participating Agency's level of participation in the WUE Program.

MWDOC will annually invoice Participating Agency.
5540 1 00001\28806550. l
21 1,,

3. Amendment. Section 6 is amended in its entirety to read as follows:
"Section 6: Installation Verification/Inspection

6.1 Participant Agency shall be responsible for conducting installation verifications/inspections of items and devices installed, distributed, and/or rebated by Participant Agency under Participant Agency Administered Programs to ensure compliance with program requirements, and/or for paying all costs associated with this verification/inspection. Installation verification/inspection measures must be designed to ensure that materials, installation verifications/inspections of eligible program items and devices, and services meet requirements established by Metropolitan and MWDOC, which requirements will be provided to Participant Agency by MWDOC as Attachment A.

6.2 Participant Agency shall be responsible for conducting installation verifications/inspections of items or devices installed, distributed, and/or rebated by Participant Agency or MWDOC under MWDOC Administered . Programs to ensure compliance with program requirements, and/or for paying all costs associated with this verification/inspection. Installation verification/inspection measures for program items and devices must be designed to ensure that materials, installation verifications/inspections of eligible program items and devices, and services meet requirements established by Metropolitan and MWDOC, which requirements will be provided to Participant Agency by MWDOC as Attachment A.

6.3 Participant Agency may elect to (1) conduct its own installation verifications/inspections by either utilizing its in-house staff or contracting with a third party vendor of its choice; or (2) utilize MWDOC's installation verification/inspection contractor to conduct the installation verification/inspections. If Participant Agency elects to utilize MWDOC's verification/inspection vendor, Participant Agency may elect to contract directly with MWDOC's verification/inspection vendor. If Participant Agency elects not to enter into such contract, MWDOC, in MWDOC's sole discretion, may require that Participant Agency contract directly with MWDOC's verification/inspection vendor.

6.3.1 Notwithstanding any other provision in this Agreement, Participant Agency understands and agrees that if Participant Agency utilizes MWDOC's verification/inspection vendor, Participant Agency must still comply with all of the requirements of this Agreement, including the refund requirements in Section 6.6, and MWDOC is in no way liable or responsible for the acts or omissions of such vendor and makes no 55401.0000 I \28806550.1 2
22 representations or warranties regarding the quality of such vendor's work.

Participant's sole recourse as to any action, claims or damages arising out of the acts or omissions of MWDOC's verification/inspection vendor is with the vendor and not with MWDOC.

6.4 MWDOC reserves the right to conduct installation verification/inspection of items and devices within Participant Agency's service area.

6.5 Participant Agency acknowledges that any item or device receiving funding from Metropolitan may be subject to an installation verification/inspection to be performed by Metropolitan, or its agent(s), at Metropolitan' s discretion.

6.6 Participant Agency shall promptly refund to MWDOC any amounts paid under any Participant Agency Administered Program or MWDOC Administered Program for installed or distributed items or devices, including any grant funds, in the event MWDOC or Metropolitan establishes via installation verification/inspection and/or audit that the program items or devices were not installed in compliance with the requirements established by Metropolitan and MWDOC pursuant to this Agreement. If such a refund is not provided to MWDOC within thirty (30) days of request, the requested amount may be debited by MWDOC on Participating Agency's next water service invoice.

6. 7 "Items" and "devices" includes, but is not limited to, plumbing fixtures, irrigation devices, turf (removal and replacement), and any other items, devices or materials that are installed in connection with a program covered by this Agreement.

4. Authority to enter into First Amendment. Each Party represents to the other that the person executing this First Amendment has the requisite power and authority to execute the First Amendment and to bind each respective Party.

5. Continuing Effect of Agreement. Except as amended by this First Amendment, all other provisions of the Agreement remain in full force and effect. From and after the date of this First Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this First Amendment.

6. Execution in Counterparts. This First Amendment may be executed in duplicate counterparts, each of which shall be deemed an original.

MWDOC and Participating Agency have each caused this First Amendment to be executed by its duly authorized representative as of the date set forth below the authorized signature. 55401.00001 \28806550.1 3
23 IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment.

MUNICIPAL WATER DISTRICT

OF ORANGE COUNTY
By:

Date:

Robe11 Hunte
General Manager
'-1-J'),,, ,::,
Approved as to Form:

Jose {rh Byrne B~
Ge:ral Counsel
Date : __ i.....__._/ _1 I -+-( _1 _1 __ _
5540 1.0000 1\28806550.1

PARTICIPANT AGENCY
Approved as to Form:
dctt1~
General Counsel
Date: -~?--+{_u~/_1~1-____ _
4 24
Attachment A

MUNICIPAL WATER DISTRICT OF

ORANGE COUNTY

INSPECTION AND VERIFICATION
. • PROCEDURES
25 Table of Contents
I. Purpose of this document .......................... .. .......... .... ....................... .................. .......... ........ ........... 2 II. Program Implementation Process .. ................. ...................... ....... ................ .... ....................... ...... .. 2 Application Package ................ ....... .................... ................................. .................... ......................... 2 Invoice Submission .......................... ......................................... .............................................. .......... 3 Labor Costs ........ .............. ........... .. ............. .......................................... ... .. .. ................................ .... .. 3 Federal, State, and Local Laws and Ordinances .. ......................... ...... ..... .. .................. .. ................... 3 Su pplementa 11 nspections ............ ..................... ... .. ....... ..................................................... .............. 4 Inspection Confirmation Quality Control ............. ................................................................... ......... 4 Ill. Device-Based Inspection Procedures ........ ... .. ............ ............. .. ......... .... .......... .. ..................... ....... .. 4 Residential Devices .. .. .. ...... ....... ........................ .. .... ............ ................ .. ........... .. ....... ....................... 4 Commercial Devices .. ................. ........ ... .......... .. ........... ............... .. .................................. ............. .. .. 5 Spray to Drip - Residential .................. ...................... ..................................................................... .. 9 IV. Area-Based Programs ... .............................. ...... ............. .......................... ... ........................... .. ...... 11 Turf Removal Participation Procedure ........... .. .... ...................... ......... .......... ................... .. ............ 11 General Inspection Procedures .. ......... ..... ... .............. .... ............. ... ............. ........ ...................... ...... 12 Pre-Inspection Procedures - Turf Removal .. ................. ........ ............ ........................... .... ... .. .. ...... 12 On-Site Inspections for Area-Based Rebates ............ ......... .................... .. .................. .............. ...... 13 Measuring Large Sites by GIS ............................................. .. ... .... .. .. ......... ....... ... .. ....... .. ................. 13 Condition of Turf at Pre-Inspection ....... .. ... ........ ........................................................................... 13 Multiple Applications under same Site ... ..... ..... ............... .......................... .... ......... .. .... .. .. .... ......... 14 Modifications to Initial Project Area .. ......... ... ..... .......................... .. .... .. ........... .............. ... ............. 14 Post-Inspection Procedures -Turf Removal. .. .. .. ....... ................................ ...... ...................... ....... . 14 Project Extensions ........................................................... .. ................................ ............ ................. 15 Spray to Drip - Commercial ............................... .. .......................................................... .. ............. .. 15 V. Measurement Techniques ...... ................ .. .............. ...... ...... ......... ... ............ ....... .. ............ .... ....... ... 17 Non-Uniform Rectangular ... ... ... .............. ....... ........ .................... ... ....... .. ........ .. .. ............ ....... ....... .. 18 Irregular Rhombus or Widening Rectangular .................................. ......................... .. ................... 18 Non-Uniform Round .......... ..... .......... ........ ....... .. .. ......... ......... ........................... ............... .... ..... ...... 19 Non-Uniform Ellipses .............................. ...... ............. ........ ....................... ........ ....... ................. ...... 20 Non-Uniform Ellipses Alternate ....... ...... .................... .. .......... .............................. ........................... 21 1 26
'.
' '
I. Purpose of this document
It is the practice of the Municipal Water District of Orange County (MWDOC) to ensure that public funds used to administer Rebate Programs are utilized for its intended purposes. Therefore, the purpose of this Inspection and Verification Procedures document (Inspection Procedures) is to establish a clear set of inspection procedures to be followed by MWDOC and/or and its member agencies (hereafter "Participant Agency") and inspection contractors when conducting pre- and/or post-installation verification inspections for all MWDOC-Administered and or Participant Agency-Administered Rebate Programs. These procedures are required regardless of the funding source (Grant funded, Metropolitan Water District of Southern California funded (Metropolitan), or fully funded by Participant Agency, etc.) and/or regardless of program administrator (MWDOC or Participant Agency). This Inspection Procedures document will be updated as needed to reflect new or modified inspection requirements, techniques, or procedures as they arise.

II. Program Implementation Process
For ease of explanation, this document categorizes the MWDOC Rebate Programs into the following rebate program types:
• Device-Based Rebate Programs
o Residential
o Commercial
o Spray to Drip - Residential
• Area-Based Rebate Programs
o Turf Removal
o Spray to Drip - Commercial
The inspection procedures contained in this document have been developed in coordination with requirements from Metropolitan pursuant to its Residential and Commercial Water Conservation Funding Agreements and Addendums thereto, MWDOC, and/or supplemental grant funding agreements.

The following general rules apply for all programs types.

Ap plication Pa ckage
When receiving an application package, fill components should be examined before requesting an inspection. The application package currently requires, at a minimum, a fully completed application signed by the property owner and containing the following:
• Current water bill to determine
o Participant Agency is participating in the program
o Project site is located within Orange County
o Payee name matches the application name
• Device eligibility, if a device-based program
• Site plan for area-based rebates
o Indicate the project area, location, and project intent • Pictures of the site for area-based and spray-to-drip rebates. Pictures to show 2 27
o Current site condition
o Complete area to be removed
o Area complies with eligibility criteria
It is recommended that the application, terms and conditions, and program guidelines each contain language stating that on-site inspections will be performed and are required for participation in any rebate programs.

Invoice Submission
Rebates may not exceed the total project/equipment costs nor the reserved rebate amount. For a receipt/invoice to be considered eligible it must include the following:
• Dated within the project period
• Scope of work performed
• Signed by the customer/applicant/property owner and references site location (if applicable)
• Itemized to include make, model, sku, quantity, price per item, total price • If labor is to be considered, it must be listed on a separate line item and must be accompanied by the California State Contractor License Board (CSCLB) contractor license number
Once projects are completed, invoices and receipts are submitted to the program administrator and MW DOC, all invoices and receipts are to be carefully tabulated by program administrator and MWDOC to prevent payment for materials/costs not associated with the program; specific program eligible material/costs are based on program type.

Labor Costs
Due to California state law, all sites that are invoiced at $500.00 or more require that work be performed by a contractor licensed by the California State Contractor License Board (CSCLB). If labor costs are invoiced by someone who is not licensed, those costs are not eligible. This labor cost provision is consistent with state law but, most importantly, protects Orange County consumers from unlicensed contractors. Materials utilized by the unlicensed contractor may be considered eligible costs. Additionally, there have been some instances where costs for landscape architectural drawings were submitted, but the drawings were not performed by a California State Licensed Landscape Architect. Those costs are also not rebate-eligible.

Federa l, State, and Local Laws and Ordinances
All projects, including projects at historic sites, are subject to the terms of their local agency's ordinances and must comply with all applicable federal, state, and local laws, as well as applicable Covenants, Conditions & Restrictions (CC&R) and/or Homeowners Association (HOA) restrictions .

Applicants should obtain any necessary approvals for their projects from their city's/county's code enforcement and/or HOA/CC&R board. It is the responsibility of the each applicant to ensure their project is in compliance. Customers must agree to adhere to their local rules and provisions in order to accept funding. Questions from program participants regarding compliance with any of 3 28
the above laws, ordinances, and/or restrictions will be directed to Participant Agency for guidance.

Supplemental Inspections
Some sites may need to be re-inspected by MWDOC and/or Metropolitan when unique circumstances arise. At these times, communication with the customer is vital in order to remain in adherence with the program intent while ensuring that projects are successfully completed.

All inspection and verification procedures and invoice criteria described in this document must be adhered to.

Inspection Confirmation Quality Control
Each Participant Agency performing their own inspections/verifications will be required to adopt these Inspection Procedures as their own or, alternatively, to develop and submit for approval by Metropolitan and/or MWDOC Participant Agency's own inspection and verification procedures document in line with the requirements and procedures contained in this document. All projects that require inspection must be inspected prior to Participant Agency invoicing MWDOC.

MWDOC/Metropolitan may request inspection reports from Participant Agency at any time.

Installation vendors hired for project implementation cannot inspect their own installations.

Metropolitan and/or MWDOC reserve the right to verify and perform onsite inspections of any projects at any time. This can be before, during, and/or after project installation, and/or after the rebate payment, and results of these inspections may affect payment made to Participant Agency or require a refund to be paid by Participant Agency to MWDOC. If installation cannot be verified, Participant Agency must reimburse MWDOC and/or Metropolitan depending on the source of funds.

Ill. Device-Based Inspection Procedures
For residential and commercial devices rebated through Metropolitan's regional rebate program, device-based inspections will be conducted solely by Metropolitan, at its discretion. For devices rebated through a MWDOC and/or a Participant Agency-Administered Program (MAA Program), the inspection procedures are set forth below.

Residential Devices
Residential device inspections must satisfy both the Metropolitan and MWDOC inspection procedures in place at the time of the post-inspection or issuance of the rebate check. Currently, those inspection procedures are as follows:

In order for Participant Agency to be reimbursed for incentives from MWDOC/Metropolitan, Participant Agency must certify on each invoice that the terms and conditions within each project have been met, all devices have been installed, and all work has been performed. The party signing each invoice must have signing authority to certify the invoice.

For residential device-based MAA Programs, Participant Agency wil l utilize the sample size calculator provided by MW DOC to assist in determining the appropriate number of devices to 4 29
inspect to ensure a 98% installation rate given the overall quantity of devices. Participant Agency must report verification/inspection method employed on each invoice submitted.

Participant Agency must:
a. Validate quantity of devices installed.
b. Verify new device type, make, and model with Project information. c. Verify Installation address or specific locations within the address with Project documentation.
d. With permission from the customer, take photographs relating to the devices installed to be included in Inspection report.
i. Indoor Inspection: Indoor inspection includes detailed fixture count of toilets and clothes washer(s). Access to fixture locations (such as bathrooms and laundry facilities) are required to perform the inspection, and property owner/applicant person should be made aware of this through the application.
ii. Outdoor Inspection: Outdoor inspection includes detailed fixture counts of installed and operating landscape devices such as rain barrels, cisterns, irrigation controllers, residential drip, and nozzles. For irrigation controllers, inspect the model to ensure it matches the rebate application, verify that it is operating as a "smart device" and is communicating with the onsite weather station or is receiving offsite/remote weather data and, if possible, have the contact person show the inspector how the controller has been programmed, and confirm quantity of stations of timer model.

Commercia l Devices
Commercial MAA Program device inspections must satisfy both the Metropolitan and MWDOC inspection procedures in place at the time of the post-inspection or issuance of the rebate check. Metropolitan may require Participant Agency to submit inspection reports for specific projects, and Metropolitan/MWDOC reserves the right to perform onsite inspections of projects/sites prior to payment.

To determine the amount of inspections required for commercial devices, Participant Agency must apply the following criteria (a-e below) to the project(s):
a. Automatic Inspection: Regardless of the 5% rule listed in Section d below, Participant Agency must first determine if any site within the MAA Program Project requires an Automatic Inspection. Automatic Inspections are triggered when any site within an MAA Program Project has been approved for Metropolitan's funding in excess of $10,000. All sites receiving $10,000 or more in funding must be automatically inspected by Participant Agency.

Participant Agency must also notify MWDOC/Metropolitan within 3 to 5 business days of upcoming inspection by Participant Agency for site(s) exceeding $10,000. MWDOC, Metropolitan or a designated representative may attend inspection. Notification of upcoming inspection to be sent to [email protected] and [email protected] 5 30
To determine how many devices need to be inspected at a $10,000+ site, follow the next two points.
i. If the site triggering an Automatic Inspection also meets the criteria for a Large Project, as described below, then Participant Agency must inspect a minimum of 10% of the devices installed.
ii. If the site triggering an Automatic Inspection does not meet the criteria for a Large Project, then the Participant Agency must inspect 100% of devices at the site. b. Large Project/Sites: Participant Agency must next determine if any of the sites meet the definition of a Large Project/Site. Regardless of the 5% rule listed in Section d below, any site with less than $10,000 in funding but that receives the designation of Large Project/Site must be inspected. The total number of devices to be inspected for Large Projects/Sites will be a minimum of 10% of the total devices installed at each site. If any site within your overall MAA Program Project installs any combination of the following number of devices, you must conduct an inspection of a minimum 10% of any combination of the devices installed.

Large Projects/Sites are defined as:
i. For plumbing devices - 50 device units or more at one installation address. ii. For irrigation controllers - 20 controllers or more at one installation address. Note that irrigation controllers may be installed in different landscape areas inside a single complex.
iii. For sprinkler nozzles - 100 nozzles or more at one installation address. c. Regular Projects/Sites: For sites not meeting: (a) $10,000+ in funding per site or (b) the Large Project/Site criteria above, Participant Agency must inspect 100% of devices at the site. d. For each MAA Program Project that Participant Agency submits a Request for, Participant Agency must physically inspect a minimum of 5% of the value of each device-based MAA Program Project approved by MWDOC/Metropolitan before invoicing. For example if the MAA Program Project is approved for $100,000, then a minimum of $5,000 worth of devices must be inspected per MAA Program Project.
e. Inspections for Regular Projects/Sites, sites defined as Automatic Inspections (mandatory), as well as those defined as Large Projects/Sites (mandatory) count towards the 5% (section d above) minimum of the value of each device-based MAA Program Project to be inspected.

Participant Agency will report progress toward the 5% inspection requirement on each invoice for all inspections required by MWDOC/Metropolitan. The party signing each invoice must have signing authority to certify the invoice.

Inspection Requirements
Participant Agency inspection at a minimum will:
a. Validate quantity of devices installed.
6 31
b. Verify new device type, make, and model with Project information. c. Verify Installation address or specific locations within the address with Project documentation.
d, With permission from the customer, take photographs relating to the devices installed to be included in Inspection report.
i. Indoor Inspection: Indoor inspection includes detailed fixture count of toilets, urinals, dry vacuum pumps, food steamers, ice machines. Access to bathrooms, kitchens, eating facilities, and medical facilities are required to perform the inspection and property owner/applicant should be made aware of this at the application stage.
ii. Outdoor Inspection: Outdoor inspection includes count of installed and operating landscape devices such as irrigation controllers and nozzles; and cooling tower controllers. Access to either landscape area or rooftop is required to perform the inspection. For irrigation controllers, inspect the model to ensure It matches the rebate application, verify that it is operating as a "smart device" and is communicating with the onsite weather station or is receiving offsite/remote weather data and, if possible, have the contact person show the inspector how the controller has been programmed, and confirm quantity of stations of timer model.

Potential Inspection Results
a. Partial fail: Inspection completed with discrepancies between Project information and inspection process. Participant Agency to only bill MWDOC for verified quantity. b. Device(s) installed at a different location: the installation must be inspected prior to billing MWDOC. A substitute device cannot be included. If Installation is verified at the different location, Project information must be revised to reflect new information. c. Device count Is different from the application:
i. If the count is more, only the amount approved in the Project will be reimbursed. ii. If the inspection count is less, only the verified count will be billed to MWDOC. For Large Projects where the inspection count is less, the Participant Agency inspector will increase the inspection from 10% to 20% of total installations. The percentage found to be installed for Large Projects will be applied against the total and the total quantity will be reduced by that percentage. For example, after inspecting 20% of the total installations of 100 toilets, 15 out of 20 toilets were verified installed (75% installed); then the final approved count would be 75 toilets (75% of the 100 = 75), rather than 100. If Inspection reveals a discrepancy as described in the example, Participant Agency may choose to inspect 100% of the project, otherwise the extrapolation as shown on the example must be taken and the amount revised prior to billing MWDOC. 7 32
d. The make/model is different from the application : verify that different make/model is a Metropolitan approved device. If so, inspect as usual and revise information on Project documentation prior to billing MWDOC.
e. Failed inspections will not be billed to MWDOC. Reasons for failure:
• Device(s) not installed
• Device(s) installed, but no working properly
• For "smart" irrigation controllers, device(s) not operating as a "smart" device • Installed device(s) has been removed
• Access to property not allowed
• Device(s) installed at a different site.

MWDOC/Metropolitan reserves the right to verify and inspect any approved projects at any time. If installation cannot be verified, Participant Agency must reimburse MWDOC.

MAA
Program
Type
Primary
Inspection
Criteria
Listed in order
from A to C {must do
(C) below even if (A)
and/or {B) exists)
• ,______I more
(B)
Large Site
(C)
Inspected less than
5% of Total Project$
8 Secondary
Inspection
Criteria
Less than $10,000,
but satisfies the
Large Site definition
Number of
Inspections
Required
Minimum 10%
inspections of each
qualifying site
100% inspections of
each qualifying site
Minimum 10%
inspections of each
qualifying site
Number Sites up to
5% of Total
Project$
33 Spray to Drip - Residentia l
The residential portion of the Spray-to-Drip Rebate Program is a device-based program with different inspection requirements and criteria than other device-based inspections. The inspection requirements for residential Spray-to Drip Rebate projects are described below:

Pre-Inspection Procedure
Once an application is received, a project cannot be accepted and no funding is reserved until a "pre-inspection" is conducted, as follows:

MWDOC reviews the application to confirm :
• Program application is completed in full
• A copy of a current water bill is attached and confirms that o Participant agency is participating in the program
o Project site is located within Orange County
o Payee name matches the application name
• Applicant has attached 3 to 5 photos of the project area taken with the existing sprinkler system turned on. Photos must clearly show the sprinkler system in use and that the spray heads are functional. Photos must also contain identifying features (house in background, unique landscape/decorating features, etc.) to confirm that photos submitted are for the property/site listed in the application. • The number of drip "kits" the applicant is applying/eligible for. • A simple site plan has been attached indicating the proposed spray-to-drip conversion areas
• Any supplemental documents included have been reviewed.

Once MWDOC confirms that the application is complete and satisfies the above requirements, MWDOC forwards the application to the Participant Agency to conduct its own review and approval utilizing the steps listed above.

If the application has satisfied all of the above requirements, a Project Approval Notice is generated by MWDOC/Participant Agency and emailed to the applicant. The funding is reserved at this point and cannot increase. However, the funding amount may decrease if the applicant installs less drip equipment than was specified on the application or if the costs of the equipment are less than anticipated. Should the application fail the pre-inspection process, the application will be denied. MWDOC reserves the right to conduct, or to require Participant Agency to conduct, an on-site pre-inspection of any Spray-to Drip application should MWDOC, in its best judgment, deem it necessary to do so.

Post-Inspection Procedure
Once the Spray-to-Drip Project is complete, applicant complet es the Spray to Drip Completion form to request an on-site post-inspection. Prior to scheduling the post-inspection, the Completion Form will be reviewed by MWDOC to confirm the following:
• Completion Form is completed in full.
• Payee Name and Mailing Address for Rebate Check is provided. • Applicant has attached at least 3 completed conversion area pictures showing:
9 34
o Wide angle view of completed project area{s)
o Close-up{s) of installed pressure regulation/filtration component{s) o Close-up{s) of installed drip tubing
• Applicant has attached copies of any project related receipts or invoices. For a - receipt/invoice to be considered eligible it must include the following:
o Dated within the project period.
o Signed by the customer/applicant/property owner and includes the site location, scope of work, and costs.
o Itemized to include make, model, sku, quantity, price per item, total price. o The actual quantity of drip "kits" purchased and the quantity of kits eligible for rebate.
o Labor is not reimbursable and must be listed as a separate line item.

If the Completion Form is missing or does not comply with the requirements of ~ny of the above, MWDOC/Participant Agency shall work with the applicant to obtain the information and or appropriate photos/documents prior to scheduling the post-inspection. If applicant is unable to provide receipts/invoices that meet the requirements set forth above, the post-inspection will be considered a fail, the application will be denied, no rebate will be issued, and no on-site postinspection should be scheduled. , If the Completion Form has satisfied all of the above requirements, MWDOC/Participant Agency and/or its inspector will work with Applicant to schedule the mandatory on-site post-inspection.

The purpose of the on-site post-inspection is to serve as an independent verification of the information contained in the Completion Form. As part of the on-site post-inspection, Participant Agency/inspector must verify the following:
• That drip irrigation equipment has been installed. For residential on-site post-inspection, if microspray, point-source emitters, or any other type of drip irrigation other than embedded emitter tubing has been installed, this must be noted and photographed. Only embedded emitter tubing installations are eligible for rebates in residential settings. • That pressure regulation/filtration components have been installed as part of the drip conversion. Manufacturer/make, model, model number/sku, and quantity should be documented, and the equipment should be photographed.
• That drip tubing has been installed. The drip tubing should be photographed. If covered, a minimum of a 10-foot section must be uncovered for the photograph. • That spray irrigation is no longer functional in the drip conversion area{s), Any remaining spray heads in the conversion area must be capped {no exceptions), Once the on-site post inspection is complete, Participant Agency will complete the Rebate Check • Authorization form, in full, and upload all photos and documentation. Once the Check Authorization form has been submitted, It will be reviewed by MWDOC, along with copies of all 10 35
receipts and invoices, and if the spray-to-drip project has satisfied all the terms, conditions, guidelines, and requirements of the program, the application will be processed for rebate. If all the terms, conditions, guidelines, and requirements of the program have not been satisfied, the post-inspection will be considered a fail, and the application will be denied and no rebate funds will be issued.

MWDOC reserves the right to conduct or attend any on-site post-inspection of any Spray-to Drip application should MWDOC, in its best judgment, deem it necessary to do so.

IV. Area-Based Programs
Area-based programs include any program where the rebate amount is determined by an area measurement. Such programs currently include, but are not limited to, residential and commercial Turf Removal and commercial Spray to Drip.

Turf Removal Participation Procedure
The Turf Removal Rebate Process, as it currently exists, is depicted in the following chart. The process flow is broken down into 11 dist inct steps starting with the Customer Application Submittal and ending with Metropolitan and Participant Agency Invoicing. The 11 steps are as follows :

Step 1: On-line Application and Document Submittal Process Performed by the Customer
Step 2: Application Review Process and Pre Inspection Distribution Performed by MWDOC
Step 4: Pre-Installation Inspection Process
Performed by Participant Agency or Inspection Vendor and sent to MWDOC for review Step 5: Notice to Proceed or Denial Letter to Customer Process Performed by MWDOC
Step 6: Participant Project Installation and Project Completion Notification Performed by Customer
Step 7: Initial Project review, Post-Work Order Generation and Distribution Performed by MWDOC
Step 8: Post-Installation Inspection Process
Performed by Participant Agency, MWDOC, or Inspection Vendor and sent to MWDOC for review
Step 9: Application Approval or Denial and Invoice Review Process Performed by MWDOC
11 36
Step 10: The Rebate Check Run and W-9 Request Process
Performed by MWDOC
Step 11 : Metropolitan Water District and Participant Agency Invoicing Process Performed by MWDOC
General Inspect ion Procedures
For all customer types, all sites will be measured by the Participant Agency and or its inspector for 100% of the sites for 100% of the project areas during both the pre- and post-inspections.

Required minimum techniques for area measurements are described in Section V - Measurement Techniques. All inspection procedures/verifications must adhere to the following additional inspection and certification requirements :
• Residential Area-Based Inspections: For residential area-based customers with an approved Metropolitan rebate amount exceeding $5,000, Participant Agency or inspection vendor must notify MWDOC/Metropolitan within 3 to 5 business days of upcoming post-inspection(s) by Agency. MWDOC, Metropolitan or a designated representative may attend inspection. Notification of upcoming inspection to be sent to [email protected].
• Commercial Area-Based Inspections : For commercial area-based customers with an approved Metropolitan rebate amount exceeding $10,000, Participant Agency must notify MWDOC/Metropolitan 3 to 5 business days prior to upcoming post-inspection(s) by Agency. MWDOC, Metropolitan or a designated representative may attend inspection. Notification of upcoming inspection to be sent to [email protected] .
• Participant Agency will only bill MWDOC/Metropolitan for the square footage measured.
• Participant Agency must adopt these Inspection Procedures as their own or, alternatively, to develop and submit for approval by Metropolitan and/or MWDOC Participant Agency's own inspection and verification procedures document in line with the requirements and procedures contained in this document. MWDOC/Metropolitan will require Participant Agency to submit them. MWDOC/Metropolitan may perform onsite inspections of projects prior to payment. Result of the inspection may affect payment made to Participant Agency
• All projects that require inspection must be inspected prior to Participant Agency invoicing MWDOC. MWDOC may request inspection reports from Participant Agency at any time.

Pre-Inspection Procedures - Tu rf Remova l
After an application is rece ived and the information has been verified, a project cannot be accepted and funding is not reserved until a "pre-inspection" is conducted by the Participa nt 12 37
Agency or by a vendor inspector. The pre-inspection on-site visit is a means to determine confirmation of eligibility. The pre-inspection process verifies that the project area contains live turf or sufficient evidence that live turf recently existed and that the requested square footage to be removed seems reasonable and consistent with the physical inspection. This requirement applies to both residential and commercial turf removal areas unless otherwise noted.

The square footage listed on the application is to be used as a reference, the initial project area is to be based on the square footage as measured during the pre-inspection. Once the initial project area square footage has been determined, that number is used to reserve funding, and a letter to proceed is generated and sent to the customer.

On-Site Inspections for Area-Based Rebates
Unless the program guidelines specifically state otherwise, on-site eligibility verification and area measurement for the pre-inspection is the method to be utilized by the inspection vendor as well as any Participant agency conducting its own inspection.

Measuring Large Sites by GIS
With extremely large sites (in excess o_f 50,000 sf) where physical measurements are difficult, aerial imagery is often employed to measure the site. In these circumstances a GIS measurement may only be used to measure the project area and a pre-inspection site visit is still required to ensure that the site meets all program conditions and requirements and is eligible to participate.

This method is often referred to as a "spot-check" since the sites are checked for existing turf during the inspection, but measured separately using GIS.

If a site is measured by GIS, rather than through an on-site measurement technique, it must explicitly be noted on a work order or through an equivalent form for written communication from the Participant Agency/vendor inspector to MWDOC. Digital imagery must be saved and sent to MWDOC. There must still be confirmation that the site/area to be rebated contains live turf and.that the requested footage to be removed seems reasonable and consistent with the aerial inspection
Condition of Turf at Pre-Inspection
If bare areas were included by the customer, the inspector must subtract those areas. In many cases, due to the drought or season, dormant or dead brown grass is present. Dormant or dead brown grass that appears to have been maintained in the recent past is still eligible. However sites where there is bare soil that appears compact and no turf was present in the recent past, are not eligible. In addition, moss areas where there is no turf or areas that have grown or mowed weeds . would be ineligible. A lawn with weeds would still remain eligible. Photo documentation of the turf is required in order to approve the site. Photos of the entire area and detailed photos should 13 38
be taken showing turf and bare soil conditions. For large sites with multiple separated areas (or sub-areas), a map must be submitted identifying the area measured for each separate sub-area.

Multiple Applications under same Site
Residential sites have a lifetime maximum. Commercial sites have an annual maximum.

Modifications to Initia l Pro ject Area
In some instances a customer may want to swap turf removal areas/locations after a letter to proceed has already been sent and construction has begun . This is common in HOAs, Golf Courses, Parks, and other large sites, but occasionally occur with residential projects. There are many reasons for changes such as: HOA board decisions, public outcry, irrigation system delineation restrictions, or even finding out that some part of the property belongs to another entity (as is common in parkways along sidewalks, and around common area parks). When these changes occur, if the customer is simply removing an area to be renovated, no action is required. However, if a decision is made to swap an area with another, additional documentation and a second preinspection must occur and is required to ensure that the site is eligible and matches the area measurements. This documentation must include a new site plan and photos of the intended areas. At this point, because a letter to proceed has already been sent and construction has begun, the site eligible for a rebate may not increase in size. If construction has not begun, and the customer would like to increase the area of turf to be removed within program maximum square footage guidelines, a second pre-inspection must occur and is required to ensure that the site is eligible and matches the area measurements. If the swapping of one area for another occurs during the construction phase of the project and is not previously approved by MWDOC, the swapped area will not be eligible for rebate as it was not subject to the mandatory pre-inspection.

Post-Inspection Procedures - Turf Remova l
For both residential and commercial projects, unless otherwise noted, once the letter to proceed has been issued, the initial project area square footage may not increase; however, it may decrease if the customer decides to remove less turf than what was measured.

After the customer has completed their project, a second on-site inspection (post-inspection) occurs to ensure that the renovated areas are in compliance with the program. Entire (100%) project re-measurement should occur during the post-inspection, utilizing the same techniques as employed during the pre-inspection measurement, with the exception of GIS. Negative deviations between the pre- and post-inspections area measurements, as well as swapped areas occurring without a proper pre-inspection and approval from MWDOC, will result in a reduction of the rebate eligible area (meaning the lesser area measurement will be the basis for the rebate).

All projects must be inspected prior to Participant Agency invoicing MWDOC.

When establishing that areas are eligible, careful inspection with accurate, and precise measurements, as described in Section V, are always required. For Turf Removal, during the post-inspection the total converted area square footage must be measured. Any non-eligible square footage is removed, such as remaining-turf areas, bare soil, or non-permeable area including hardscape and pools. Refer to specific program terms and conditions for eligibility criteria.
14 39
The initial project area square footage established during the pre-inspection is to be used as a reference, the final project area is to be based on the square footage as measured during the post-inspection. Once the final project area square footage has been determined, that number is used to determine the actual potential rebate amount, so long as it does not exceed the total eligible project costs. Only that final project square footage measured by the Participant Agency/inspection vendor may be included in the payment request to MWDOC.

Project Extensions
In some instances, projects may experience delays. As all projects either have a 60 day deadline or 90 day deadline to complete their project, an extension may be requested. In all cases, extensions may only be granted to sites who are making progress to complete their project.

Documentation or a site visit is often required for the purposes of verifying that progress is being made at a site. Examples of documentation are signed contracts with a landscape contractor, photos of the site with turf removed and work under way, or canceled checks to a contractor. This is an important step; if a site is not showing progress and there is no motivation to complete, it may be cancelled to allow the funding of other, more motivated, rebate customers.

Spray to Drip - Commercial
The commercial portion of the Spray-to-Drip Rebate Program is administered in a similar way to the residential portion, with the exception of the post-inspection requirements which are areabased . The inspection requirements for commercial Spray-to Drip Rebate projects are described below:

Pre-Inspection Procedure
Once an application is received, a project cannot be accepted and no funding is reserved until a "pre-inspection" is conducted, as follows :

MWDOC reviews the application to confirm :
• Program application is completed in full.
• A copy of a current water bill is attached and confirms that o Participant agency is participating in the program
o Project site is located within Orange County
o Payee name matches the application name
• Applicant has attached 5 to 10 photos of the project area taken with the existing sprinkler system turned on. Photos must clearly show the sprinkler system in use and that the spray heads are functional. Photos must also contain identifying features (buildings in the background, unique landscape/decorating features, etc.) to confirm that photos submitted are for the property/site listed in the application. • Applicant has provided the square footage of the proposed spray-to-drip conversion area. • A simple site plan has been attached indicating the proposed spray-to-drip conversion areas.
• Any supplemental documents included have been reviewed . 15 40
Once MWDOC confirms that the application is complete and satisfies the above requirements, MWDOC forwards· the application to the Participant Agency to conduct its own review and approval utilizing the steps listed above.

Po:st-lnspection Procedure
Once the Spray-to-Drip Project is complete, applicant completes the Spray to Drip Completion form to request an on-site post-inspection. Prior to scheduling the post-inspection, the Completion Form will be reviewed by MWDOC to confirm the following:
• Completion Form is completed in full.
• Payee Name and Mailing Address for Rebate Check is provided. • Applicant has attached at least 5 completed conversion area pictures showing:
o Wide angle view of completed project area(s)
o Close-up(s) of Installed pressure regulation/filtration component(s) o Close-up(s) of installed drip tubing
• Applicant has attached copies of any project related receipts or invoices. For a receipt/invoice to be considered eligible it must include the following:
o Dated within the project period
o Signed by the customer/applicant/property owner and includes the site location, scope of work, and costs.
o Itemized to include make, model, sku, quantity, price per item, total price. If microspray or point source emitters have been installed, the flow rate for each must be 2.5 gallons per hour or less, or per the terms and conditions of the Program.
o Labor is not reimbursable and must be listed as a separate line item.

If the Completion Form is missing or does not comply with the requirements of any of the above, MWDOC/Participant Agency shall work with the applicant to obtain the information and or appropriate photos/documents/invoices prior to scheduling the post-inspection. If applicant is unable to provide photos/documents/invoices that meet the requirements set forth above, the post-inspection will be considered a fail, the application will be denied, no rebate will be issued, and no on-site post-inspection should be scheduled.

If the Completion Form has satisfied all of the above requirements, Participant Agency and/or its Inspector will work with Applicant to schedule the mandatory on-site post-inspection. The purpose of the on-site post-Inspection is to serve as an Independent verification of the 16 41
information contained in the Completion Form. As part of the on-site post-inspection, Participant Agency/inspector must verify the following:
• The actual square footage of the conversion area. All commercial spray-to-drip sites will be measured by the Participant Agency and or its inspector for 100% of the sites for 100% of the spray-to-drip conversion areas during the post-inspections. The required minimum techniques for area measurements are described in Section V -Measurement Techniques. • That drip irrigation equipment has been installed. The type of drip equipment (embedded emitter tubing/microspray/point source emitters must be noted and photographed . • That pressure regulation/filtration components have been installed as part of the drip conversion. Manufacturer/make, model, model number/sku, and quantity should be documented, and the equipment should be photographed.
• That drip tubing has been installed. The drip tubing should be photographed. If covered, a minimum of a 20-foot section must be uncovered for the photograph. • That spray irrigation is no longer functional in the drip conversion area(s). Any remaining spray heads in the conversion area must be capped (no exceptions).

Once the on-site post inspection is complete, Participant Agency will complete the Rebate Check Authorization form, in full, and upload all photos and documentation. Once the Check Authorization form has been submitted, it will be reviewed by MWDOC, along with copies of all receipts and invoices, and if the spray-to-drip project has satisfied all the terms, conditions, guidelines, and requirements of the program, the application will be processed for rebate. If all the terms, conditions, guidelines, and requirements of the program have not been satisfied, the post-inspection will be considered a fail, and the application will be denied and no rebate funds will be issued.

MWDOC reserves the right to conduct or attend any on-site post-inspection of any Spray-to Drip application should MWDOC, in its best judgment, deem it necessary to do so.

V. Measurement Techniques
When measuring sites, tape measurers remain the most accurate method of measurement.

Measuring wheels are nearly as accurate when rolling on a flat surface such as concrete or asphalt.

Measuring wheels on turf or shrub areas run the risk of being inaccurate. Tape measurers are recommended whenever uneven surfaces are encountered. For large sites, a map should be provided indicating all the turf areas intended for removal and all project areas should be measured and noted with square footage.

Odd shapes are often hard to measure accurately. A series of methods of measuring odd shapes have been reviewed and below are a listing of acceptable measurement techniques of odd shapes.

Alternative measuring techniques must be submitted to MWDOC for review and approval prior to implementation and must be at least as be at least as accurate as the techniques listed here. 17 42
Non-Uniform Rectangu lar
First measure the length of the longest axis of the area (line AB). This is called the length line.

Next, divide the length line into equal sections, for example 13 ft. At each of these points, measure the distance across t he area in a line perpendicular to the length line at each point (lines C through G). These lines are called offset lines. Finally, average the lengths of all offset lines and multiply the result times line AB (65 ft. in this example). This is most notably different from the Non-Uniform Ellipse method in that exactly one of the left or right edges is measured, in this case line "C."
Irregular Rhombus or Widening Rectangular
Example: Non-Uniform Rectangular
Length line (AB)= 65 ft
Distance between offset lines is 13 ft apart
Length of each offset line:

C = 20 ft F = 20 ft
D = 10 ft G = 25 ft
E = 15 ft H = 20 ft
Average length of
offset lines
(C + D + E + F + G + H)
(Number of offset lines)
= (20 + IO + 15 + 20 + 25 + 20) / 6
= 18.3ft
Total Area = (Length line)
x (Average length of offset lines)
=65 ftx 18.3 ft
=1 192ft2
A fast way to measure irregular rhombi is shown in the example below. Stake one end of the measuring tape at point (A, B); measure lined and then line B. Without removing the stake measure line c and then line A. Using those four measurements you will be able to find line a and line b. The areas of triangle (ad), triangle (cb), and rectangle cd) can now be calculated . 18 43
Non -Uniform Round
Example: Irregular Rhombus
or Widening Rectangular
Length of each line:

A = 20 ft c = 18 ft
B = 25 ft d = 21 ft
Line (t) = A-c
=20ft - 18ft
= 2 ft
Line (e) = B - d
Area ( cd) = c x d
= 18ft x2lft
= 378 ft2
Area ( cb) = ( c x e) I 2
= ( 18 ft X 4 ft) / 2
= 36 ft2
Area ( fd) = ( f x d) I 2
= (2 ft X 21 ft) / 2 = 21 ft2
= 25 ft- 21 ft
= 4 ft
Total Area= Area (cd) + Area (ce) + Area (fd)
= 378ft2+36ft2 + 2 1 ft2
= 435 ft2
First measure 16 evenly spaced radii from the same center point (point A). This is called the center point. Next take the average of all the radii (B + C + D + E + F + G + H +I+ J + K + L + M + N + 0 + P + Q) / 16. Use the average radii to calculate the area of a circle. (12.25 ft. in this example).
19 44
Example: Non-Uniform Round
Length of each offset line:

B=l0ft E=12ft H=l0ft K=9ft N=l6ft Q = 9 ft C = 15 ft F
= 15 ft I= 15 ft L = 8 ft O = 10 ft
D=l0ft G=l3ft J=l7ft M=15ft P=l2ft
Number ofradii = 16
Average length of offset lines
= (B + C + D + E + F + G + H +I+ J + K + L + M + N + O+ P + Q) I (Number ofradii)
= (10 + 15 + 10 + 12 + 15 + 13+ 10 + 15 + 17 + 9 + 8 + 15 + 16 + 10 + 12 + 9) /16
= 12.25 ft
Total Area= 1t x 12.252 ft
= 3.14 X 12.25 ft X 12.25 ft
= 471 ft2
Non-Uniform Ellipses
The method used for irregular shaped areas is called the "offset method". First measure the length of the longest axis of the area (line AB). This is called the length line. Next, divide the length line into equal sections, for example 10 ft. At each of these points, measure the distance across the area in a line perpendicular to the length line at each point (lines C through G). These lines are called offset lines. Finally, add the lengths of all offset lines and multiply the result times the distance that separates these lines (10 ft. in this example). This is most notably different from Non-Uniform Rectangular in that neither the left or right edges of the shape are measured in the ellipse.
fe.
20 Example: Non-Uniform Ellipse
Length line (AB)= 60 ft
Distance between offset lines is 10 ft apart
Length of each offset line
C = 15 ft F = 25 ft
D = 10 ft G = 20 ft
E = 15 ft
Total length
ofoffset lines = C + D + E + F + G
= 15 + 10 + 15 + 25 + 20
= 85 ft
Total Area= (Distance between offset lines)
x (sum of the length ofoffset lines)
= 10 ft X 85 ft
= 850 ft2
45 Non-Uniform Ellipses Alternate
An alternate method of measuring non-uniform ellipses is by dividing the ellipses in uniform parts and utilizing the non-uniform round method as described above. An example is shown below. 21 Attachment 5
46 .,
-
Addendum 2A FVS 24-25
Residential Program
Participant Agency Supplemental Funding Authorization (as of September 1, 2024)

Page 1 of 2 ends

Incentive
not
allowed in
Regional Incentive Program Participant
Agency Participant
Service Metropolitan Agency Total • Authorized
. Area Incentive Incentive Incentive Funding -- ··-···· --- -· ... -······ -····- ··- --- ....... ·-··· ··-·-·-···· .... ··- .. - . - -·- -- ..

High Efficiency C!othes Washer (HECW) □ $85 $125 $210 $ Premium High Efficiency Toilet (PHET)4 Liter □ $40 (Single-family) $60 $100 $ Rotating Nozzles (Minimum 15 per application) □ $2 $2 $4 $ Rain Barrel (Maximum 2 per home) □ $35 $15 $50 $
Cistern (200-500 gallons) □ $250 $ $ $
Cistern (501-999 gallons) □ $300 $ $ $
Cistern (1,000+ gallons) □ $350 $ $ $
Flow Monitoring Device - on meter (Flume) □ $100 $ $ $
Flow Monitoring Device - on consumer □ $100 property $ $ $ Pre-1994 Premium High Efficiency Toilet □ $250 N/A N/A._ N/A Select
one:

Check here D if the supplemental incentives are flat regardless of actual device cost Check here ~if the supplemental incentives are limited to the actual device cost (Actual device cost is the retail price of the device excluding tax, shipping, labor or other charges) □ If Participant Agency has complex or more detailed requirements, please check this box, sign this form and attach a spreadsheet or other documentation showing funding details.
□ To STOP any or all Supplemental Funding, please check this box, sign form, and submit to MWDOC. ·-· ·------··-·-----·----------·-- ____ _. ______________ . ___ ·----·-·· -- -- - ··-· ...

Participant Agency Name City of San Clemente Start date must Authorized Funding $ 20,700 be no sooner
than September Add/Subtract Additional Funds1 $ 1,2024. End Total Authorized Funding $ 20,700 date must be no
Start Date: 9/112024 • later than June
6/30/2025 30, 2025.

End Date:
1/f this is not the first form this fiscal year, indicate amount offunding being added or subtracted. 47 Addendum 2A FYS 24-25
Residential Program
Participant Agency Supplemental Funding Authorization (as of September 1, 2024)

Page 2 of 2 ends

This funding authorization is effective only for the period designated by the Participant Agency above, or until a new authorization is approved and implemented by Metropolitan's vendor. Each form submitted shall include the total authorization of the Agency for the specified time period. No funds will be carried over from prior forms.

Supplemental funding forms received by MWDOC by the 15th of a month will be sent to Metropolitan by the 20th of a month.

Funding forms received by Metropolitan by the 20th of a month shall become effective on the first day of the following month unless a later Start Date is specified. If forms are received after the 15th of a month, the effective date will be the first day of the second month after received. Incentives will not be applied retroactively. If shapefile for the Participant Agency needs to be updated, Participant Agency must submit file to MW DOC by the 15th of the month for verification, review, and implementation.

Forms for changes to be implemented on the first day of Metropolitan's fiscal year (July 1st) must be received by MWDOC by 5th day of the prior month to be effective on the first day of Metropolitan's fiscal year.

Participant Agency is obligated to pay supplemental funding for any on-line commitments/applications made while this authorization is in effect, even if final payment for these commitments is/are due after the End Date specified. By signing, Participant Agency agrees to these terms.

Authorizing SignaturyGeneral Manager /Designee Date
MWDOC Use Only: Date received: ___________ _ Approved by Date sent to Metropolitan: _______ _
Comments:
48 Addendum 2B FY 24-25
CII Program
Participant Agency Supplemental Funding Authorization
as of September 1, 2024
(Page 1 of 2)
Incentives Total
NOT allowed Metropolitan Participant Incentive
Regional Incentive Program in Participant Incentive Agency Agency Incentive
Service Area
---------- --- - - ---------------- --- - -- --- - --- - ------- -El-~--- --------------- ---- --- -- ------- ----- --- ----- Plumbing Flow Control Valve $5 per valve s $
□ $10 per
Laminar Flow Restrictors Restrictor s $
□
Commercial Premium HET . $40 s $
□
Multi-Family Premium HET $40 $ $
□
Zero Water Urinals (ZWU) $200 s $
□
Ultra Low Water Urinal (ULWU) $200 $ $
□
Large Rotary Nozzles $13 per Set $ $
□
Rotating Nozzles for Pop-up Spray Heads Retrofits $2 per Nozzle s $ □ $1 per
In-Stem Flow Regulator Regulator $ $
□
pH-Cooling Tower Controller (pH-CTC) $1,750 ) $
□
Cooling Tower Conductivity Controller (CTCC) $625 ) $
□ $125 per 0.5
Dry Vacuum Pump HP s $
□ $485 per
Connectionless Food Steamers compartment s $
-□
Ice-Making Machines $1,000 s $
Check here D If the supplemental Incentives are flat regardless of actual device cost Select one: Check here 91f the supplemental incentives are llmlted to the actual device cost Authorized
Funding
------ ------
$
$
$
$
$
$
$
$
$
$
$
$
$
$
(Actual device cost is the retail price of the device excluding tax, shipping, labor or other charges) □ If Participant Agency has complex or more detailed requirements, please check this box, sign this form and attach a spreadsheet or other documentation showing funding details. □ To STOP any or all Supplemental Funding, please check this box, sign form, and submit to MWDOC 49 Start date must
be no sooner
than September
1, 2024. End
date must be no
later than June
30, 2025
For MWDOC Use
Only
Addendum 2B FY 24-25
CII Program
Participant Agency Supplemental Funding Authorization
as of September 1, 2024
(Page 2 of 2)
Participant Agency Name City of San Clemente
Authorized Funding $ 0
Add/Subtract Additional Funds1 $
Total Authorized Funding $ 0
Start Date: 9/1/2024
End Date: 6/30/2025

1. If this is not the first form for this fiscal year, indicate amount of funding being added or subtracted This funding authorization is effective only for the period designated by the Participant Agency, or until a new authorization is approved and implemented by Metropolitan's vendor. Each form submitted shall include the total authorization of the Agency for the specified time period. No funds will be carried over from prior forms.

Supplemental funding forms received by MWDOC by the 15th of a month will be sent to Metropolitan by the 20th of a month. Funding forms received by Metropolitan by the 20th of a month shall become effective on the first day of the following month unless a later Start Date is specified. If forms are received after the 15th of a month, the effective date will be the first day of the second month after received . Incentives will not be applied retroactively. If shapefile for the Participant Agency needs to be updated, Participant Agency must submit file to MWDOC by the 15th of the month for verification, review, and implementation.

Forms for changes to be implemented on the first day of Metropolitan's fiscal year (July ist) must be received by MWDOC by 5th day of the prior month to be effective on the first day of Metropolitan's fiscal year.

By signing, Participant Agency agrees to these terms.

Participant Agency City of San Clemente
Authorizing Sig,w{ure General Manager/
Designee /
Date
Date received : Approved by: _______ _
Date sent to Metropolitan, if applicable: ______ _
Comments:
50 Addendum 2C FY 24-25 (as of September 1, 2024)
Participant Agency Supplemental Funding Authorization
for Water Savings Incentive Program
This Addendum is intended to cover the period beginning September 1, 2024 through June 30, 2025 or until a new Addendum 2C is submitted by Participant Agency and approved by MWDOC. End Date cannot exceed June 30, 2025.

Participant Agency Incentive (per
1,000 gal/yr)
Supplement to Metropolitan's funding $ for Water Savings Incentive Program Participant Agency City of San Clemente
Total Authorized Funding* $ 0
Start Date: 9/1/2024
End Date: 6/30/2025
*This authorization represents the Participant Agency's total funding for the period.

This funding authorization is effective for only the period designated by the Participant Agency above or until a new authorization is approved by Metropolitan and implemented by Metropolitan's vendor. Each form submitted shall include the total authorization of the Agency for the specified time. No funds will be carried over from prior forms. Incentives will not be applied retroactively.

Water Savings Incentive Program projects are typically multi-year projects with incentives paid in subsequent years. Participant Agency is obligated to pay supplemental funding for any projects MWDOC and Metropolitan approve while this authorization is in effect. MWDOC will invoice for the supplemental funding portion of incentives when incentives are paid to the customer. Participating Agency shall reimburse MWDOC for any supplemental funding that the Participant Agency fails to provide as represented above and that MWDOC and/or Metropolitan provided or became obligated to provide on the Participant Agency's behalf. The terms of this authorization may be modified only in writing by authorized representatives of Participant Agency, MWDOC, and Metropolitan. By signing, Participant Agency agrees to these terms. 17~ 7L ,5l 24
Authorizing ~ature General Manager /Designee
• J
Date
MWDOC Date received: Approved by
Use Only:

Date sent to Metropolitan, if applicable:

Comments:
51 Addendum 3A FY 1.,4-25 (as of September 1, 2024)
Smart Timer Rebate Program
Participant Agency Funding Authorization, Page 1 of 4
Residential Smart Timers: If Participant Agency elects to provide additional funding for residential Weather Based Irrigation Controllers, Soil Moisture Sensor Systems (SMSS), Hose Bib Irrigation Controllers (HBIC) and/or residential large landscape/one irrigated acre or greater, collectively referred to as Res Smart Timer(s), the funding amount from Participant Agency per must be provided in Tables 1 and/or 2 below. Participant Agency's funding amounts shall be in addition to the base rebate amount provided by Metropolitan. Total rebate paid from all sources shall not exceed the cost of the device.

Table 1 ··· ·· ··~· ~-······-· ·-··~ -~· ---· ·· · ··· ~-·Re·sidentialSrnart TImers············· · ··············~-··-~·····················~·····-· · ~ Category Incentive Metropolitan Participant Not to Exceed Funding Limit not allowed Incentive Agency Funding (Supplemental Funding can commence in Amount as of September 1, 2024 and must end by
Participant June 30, 2025}
Agency
Service
Area
Weather-Based
Irrigation □
Controller (WBIC) $80.00 $80 perWBIC Authorized Funds: $ 2 590 Less than one irriqated acre Add/Subtract Funds1: $
Total Authorized Funds:$ 2 590
Soil Moisture
Sensor System □ Start Date: 9/1/2024
$80.00 $80 per SMSS End Date: 6/30/2025 (SMSS) Less than one irrigated acre 1/f this is not the first form this fiscal year, indicate amount of funding being added or
Hose Bib Irrigation □ subtracted.

Controller (HBIC) $35.00 $35 per HBIC
□
To STOP Residen!ial Smart Timer Supplemental Funding, please check this box, sign form, and submit to MWDOC Ill
---111-•-
J/l
J/1
Ill
J/1
J/1
J/1
--- -- -----r
52 Category
Addendum 3A FY 24-25 (as of September 1, 2024)
Smart Timer Rebate Program
Participant Agency Funding Authorization, Page 2 of 4
Table 2
Residential Large Landscape Smart Timers
Incentive Metropolitan Participant Not to Exceed Funding Limit not allowed Incentive Agency Funding (Supplemental Funding can commence as ' in Amount of September 1, 2024 and must end by
Participant June 30, 2025)
Agency
Service
Area.

Weather-Based
Irrigation □ $ per active Controller (WBIC) $35.00/active station One irrigated acre or station Authorized Funds: $ o laraer Add/Subtract Funds1: $ WBIC Add-Ons Total Authorized Funds:$ o One irrigated acre or □ Start Date: 9/1/2024 larger - Eligible $35. DO/active $ per active WBIC End Date: 6/30/2025 will only 'be station up to station rebated for active the cost of 1tf this is not the first form this fiscal year, stations the device Soil Moisture indicate amount of funding being added or Sensor System □ subtracted.
$ per active (SMSS) One $35. OD/active station irrigated acre or station lan::ier)
□
IO ::, I UI' ri.e~1uc1 e Landscape Smart Timer Supplemental Funding, please check this box, sign form, and submit to MWDOC Commercial Smart Timers: If Participant Agency elects to provide additional funding for commercial Weather Based Irrigation Controllers, Central Computer Irrigation Controllers (CCIC), Soil Moisture Sensor Systems, and/or Hose Bib Irrigation Controllers, collectively referred to as CII Smart Timer(s), the funding amount from Participant Agency per CII Smart Timer station must be provided in Table 3 below. CII Smart Timer rebates are calculated on the CII Smart Timer's station capacity, and Participant Agency's funding amounts shall be in addition to the per station amount provided by Metropolitan. The CII Smart Timer Rebate is calculated based on the number of active stations.

Ill
Ill
Ill
Ill
Ill
Ill
..
53 Category
Addendum 3A FY 24-25 (as of September 1, 2024)
Smart Timer Rebate Program
Participant Agency Funding Authorization, Page 3 of 4
Incentive
not
allowed in
Participant
Table 3
Commercial Smart Timers
Metropolitan
Incentive
Participant
Agency
Funding
Amount
Not to Exceed Funding Limit
(Supplemental Funding can commence as
of September 1, 2024 and must end by
June 30, 2025) ---------_---- - - - - -----Agency-----------~ -- ----- ------------ --- ---- - ----- -- ----------- ----------------------------- Weather-Based
Irrigation Controller
(WBIC)
WBIC Add-Ons
Service
Area
□ $35. 00/active
station
One irrigated acre or □ $35.00/active
$ __ per
active station
larger - Eligible station up to $ __ per
WBIC will only be the cost of active station Authorized Funds:$_0 ______ _ rebated for active the device Add/Subtract Funds1:$ _____ _ ,__st_at_io_n_s ____ --+------------+--------. Total Authorized Funds:$_0 ____ _ Central Computer
Irrigation Controller
(CCIC)
□
Start Date: 9/1/2024 ------- $35.00/active $ __ per End Date: 6/30/2025 station up to active station
the cost of 1/f this Is not the first form this fiscal year, 1----------+-----+---th_e_d_e_v_ic_e_+-------~ indicate amount of funding being added or Soil Moisture
Sensor System
(SMSS)
Hose Bib Irrigation
Controller (HBIC)
□
□
$35.00/active
station
$35.00/HBIC
$ __ per
active station
$ __ per
HBIC
subtracted.
□ To STOP Commercial Smart Timer Supplemental Funding, please check this box, sign form, and submit to MWDOC Ill
Ill
Ill
Ill
Ill
Ill
Ill
54 Addendum 3A FY 24-25 (as of September 1, 2024}
Smart Timer Rebate Program
Participant Agency Funding Authorization, Page 4 of 4
The funding authorizations in Tables 1, 2, and 3 above are effective only for the designated periods or until a new authorization is received and approved by MWDOC. Each form submitted shall include the total authorization of the Agency for the specified time period. No funds will be4 carried over from prior forms.

Supplemental funding forms received by MWDOC by the 15th of a month will be sent to Metropolitan by the 20th of a month. Funding forms received by Metropolitan by the 20th of a month shall become effective on the first day of the following month unless a later Start Date is specified. If forms are received after the 15th of a month, the effective date will be the first day of the second month after received. Incentives will not be applied retroactively. If shapefile for the Participant Agency needs to be updated, Participant Agency must submit file to MWDOC by the 15th of the month for verification, review, and implementation.

Forms for changes to be implemented on the first day of Metropolitan's fiscal year (July 1st) must be received by MWDOC by 5t h day of the prior month to be effective on the first day of Metropolitan's fiscal year.

Participant Agency is obligated to pay supplemental funding for any on-line commitments/applications made whi le this authorization is in effect, even if final payment for these commitments is/are due after the End Date specified. By signing, Participant Agency agrees to these terms.

Participant Agency City of San Clemente
Authorizing Signatfare General Manager /Designee oafe 7 ,
For MWDOC Use Only:

Date received : _______ _ Approved by: _______ _
Date Sent to Metropolitan: _______ _ Comments:
55 Addendum 3B FY 24-25
Turf Replacement Program, Tree Rebate, and Landscape Design Rebate Participant Agency Participation Authorization

Page 1 of 7 ends

Since 2010, MWDOC has offered the Turf Replacement Program as one of many tools to facilitate the transformation of urban landscapes from water-thirsty to California Friendly to better match the water needs of the local climate and available water resources. The Turf Replacement program aims to combine turf removal, irrigation modification and rainwater retention or filtration to support reuse or soil absorption of rainwater, resulting in water savings and a reduction in maintenance costs.
~~--"fhe·inclusion-of-the~l:andscapeDesignRebate-and··the-Tree"Rebate provideadditional----- optional incentives for participants in the Turf Replacement Program to further enhance their projects. The Landscape Design Rebate will allow participating residential Turf Replacement Program participants to receive a rebate for a qualifying design and will help to ensure that installed landscapes are aesthetically appealing landscapes that may be emulated by others.

Trees are an EPA Green Infrastructure Stormwater Management best management practice and help to mitigate the urban heat island effect, among other benefits. The Tree Rebate, available to both residential and commercial properties, will offer Turf Replacement Program participants a rebate per qualifying tree installed in the project area, up to five trees. Both the Landscape Design Rebate and the Tree Rebate are contingent upon participation in the Turf Replacement Program.

Election to Participate/Not Participate in Turf Replacement Program. Participant Agency understands that all Turf Replacement Program project areas must be designed to capture rainfall through infiltration or on-site storage in order for an applicant to receive rebate funds from Metropolitan and/or MWDOC for a Turf Replacement Program project. The guidelines for both residential and commercial/public agency properties are set forth in their entirety in the MWDOC Inspection and Verification Procedures Manual, which Manual was made a part of this Agreement pursuant to the First Amendment and is amended from time to time.

By checking the box below, City of San Clemente hereby
Name of Participant Agency
acknowledges that they have read and understood the Inspection and Verification Procedures Manual and elects to either:
~---------- --
NOT PARTICIPATE in the Turf Replacement Program
or
PARTICIPATE in the Turf Replacement Program
Residential/Commercial/Public Agency
Residential Only
Commercial Only
Public Agency Only
Allow Recycled Water Sites to Participate
□
ISt
□
□
□
121' □ Yes No
Recycled Special Requirements/Conditions, If any: ____ _ Type text here
56 Addendum 3B FY 24-25
Turf Replacement Program, Tree Rebate, and Landscape Design Rebate Participant Agency Participation Authorization

Page 2 of 7 ends

Public Agency Turf Replacement Project Assistance Guidelines: Project assistance is only available for projects located on public agency property. Applicants of Member Agency Administered Turf Replacement Programs are also eligible for project assistance. Project assistance is optional and is not required for Turf Replacement Program application submittal.

Applicants must submit documentation of proof of public agency status at time of application -submittal:-- --- ------- ---- ----- ------ ----- -- - --- ----- - - -- - -- Project assistance will be provided by Metropolitan-contracted consultants. Project assistance activities must fall into one of the following categories:
• Project design
• Budget development
• Contractor solicitation and selection
• Project timeline
• Turf Replacement Program application assistance
Consultants will provide guidance and technical assistance as needed within each of the approved categories. Assistance may include RFP development, bid review and selection, project design review, budget development and funding applications, project timeline tracking, and rebate application assistance. Consultants may also provide educational presentations to agency Board members and management on rebate program and turf replacement benefits. Consultant may not be used as a project manager and will not be responsible for project decisions, project design, and contractor payment or management.

Project assistance will end (1) once the rebate check is received by the applicant or (2) the rebate application is denied or (3) the customer chooses not to move forward with the project.

Site Inspections - Commercial/Public Agency Sites. For commercial/public agency sites/applications that will receive Metropolitan funding, all mandatory on-site pre-turf and p.ost-turf replacement v.erificatio.ns/inspectio.ns will be c.onducted by Metropolitan~ installation verification/inspection contractor at no cost to Participant Agency.

Site Inspections - Residential Sites; Election by Participant. For residential sites/applications, Participant Agency must conduct mandatory pre-turf and post-turf replacement verifications/inspections on 100% of the participating residential sites in its service area, as described in Amendment 1 to the Water Conservation Participation Agreement and the MWDOC Inspection and Verification Procedures Manual, as amended from time to time. Pre-turf replacement inspections (Pre-Inspection) may be conducted either aerially using GIS or equivalent software, or in person on-site. MWDOC reserves the right to require an on-site Pre-Inspection in the event an aerial review is not possible due to obstructions (tree coverage), or inconclusive. All post-turf replacement inspections (PostInspection) must be conducted in person, on-site. Participant Agency must select one of 57 Addendum 3B FY 24-25
Turf Replacement Program, Tree Rebate, and Landscape Design Rebate Participant Agency Participation Authorization

Page 3 of 7 ends

the three options below to identify the method(s) for satisfying the Pre- and Post-Inspection requirements.

For reference, current fees charged by MWDOC's installation verification/inspection contractor are set forth in Table 1 below, but may be revised from time to time:

Table 1
. Installation Verification and Data Collection Fee Structure Contractor Residential Turf Administrative Per Mileage Charge Replacement Duties (Commercial Only)
Mission Resource $104.00 / Turf $45.00* I hour $0.67** I Mile Conservation District Inspection
(MRCD)
$65.00 I No Show
*Administrative Duties costs are covered by MWDOC funding **Mileage rate is based on the IRS mileage rate, which is subject to annual change Participant Agency understands and agrees that if Participant Agency utilizes MWDOC's installation verification/inspection contractor, Participant Agency must still comply with all of the requirements of the Water Conservation Participation Agreement and all Amendments thereto, including the refund requirements in Section 6. Participant Agency further understands that MWDOC is in no way liable or responsible for the acts or omissions of such contractor and makes no representations or warranties regarding the quality of such contractor's work. Participant Agency's sole recourse as to any action, claims, or damages arising out of the acts or omissions of MWDOC's installation verification/inspection contractor is with the contractor and not with MWDOC.

By acknowledging below, City of San Clemente
ONE option below): Name of Participant Agency
Pre-Inspections will be performed via:
□ □ Aerial On-site by Participant Agency
If Aerial, software to be used is: _________ _
Ill
Ill
Ill
hereby elects to (choose
Initial Here
58 Addendum 3B FY 24-25
Turf Replacement Program, Tree Rebate, and Landscape Design Rebate Participant Agency Participation Authorization

Page 4 of 7 ends

(2) Contract with own third-party inspector for
Post-Inspections:

Name of Third-Party Inspector
Pre-Inspections will be performed via:
□ □ Aerial On-site by third-party inspector
Initial Here
If Aerial, software to be used is: __________ _
(3) Utilize MWDOC's installation verification/inspection contractor for Post-Inspections and agree to be billed
monthly for previous month's inspections
-Inspections &{be performed via:
.... ,.,
Initial Here
Aerial On-site by MWDOC's Inspection Contractor at Participant Agency's cost
If Aerial, software to be used is: __________ _
An Authorized Representative(s) of Participant Agency must approve all Pre- and PostInspection work orders, whether conducted by Participant Agency, Participant Agency's thirdparty contractor, or MWDOC's installation verification/inspection contractor. Participant Agency shall designate its Authorized Representative(s) by completing Table 2 below. All Authorized Representative(s) identified in Table 2 must have signing authority with Participant Agency to certify that all information contained in the Pre- and Post-Inspection work orders is true and correct and to approve all rebate funding amounts. It is the responsibility of the Participant Agency's Authorized Representative(s) to access the Droplet online portal weekly to approve all verification/inspection work orders and/or provide the approved work orders to MWDOC.

Table 2
Designation by Participant Agency of Authorized Representative(s)* Name Title Email Phone
Ray Pantoja Water Conservation Analyst [email protected]~ (949) 361-6127 *Attach a supplemental sheet if additional lines are needed. 59 Addendum 3B FY 24-25
Turf Replacement Program, Tree Rebate, and Landscape Design Rebate Participant Agency Participation Authorization

Page 5 of 7 ends

Tree Rebate Guidelines. Participant Agency understands that residential and commercial/public agency participants of the Turf Replacement Program are eligible to receive a rebate per tree installed as part of a Turf Replacement project, up to a maximum of five (5) trees. To be eligible, residential and commercial/public agency participants must adhere to the following guidelines:
• Tree must be installed as part of a Turf Replacement project. • Maximum of five (5) trees and $500 in Metropolitan-funding per application per year. -.--irees-rrmst be-trrstal lerdwithtn~the-Tarf Replacement-projl:rct-arera-i n-orderto~q aa I ify~ ~- -- - • Existing trees are not eligible.
• Newly installed trees must meet a minimum size of 15 gallons. • Selected trees must meet the following tree definition:
o A tree is defined as a woody perennial plant with many secondary branches supported some height above the ground by commonly one main stem or trunk.

Multi-trunk trees such as Palo Verde trees and Toyon also qualify. The tree must be expected to grow to at least 15 feet tall and have a 10-foot-wide canopy at maturity. The minimum mature size qualification is waived for edible fruit trees.
• This rebate does not include woody plants such as shrubs, arborescent shrubs not pruned as trees, or plants used to create hedges or other closely planted buffers or thick borders on private property. Specimens bred or pruned to maintain an artificially reduced canopy such as topiary, espaliered, pollarded specimens, and small weeping varieties are also not eligible for this rebate.
• Trees listed on Metropolitan's trees exclusion list are not eligible for a rebate. The exclusion list is subject to change at any time.
• Edible fruit trees are eligible for a rebate in residential projects only. Commercial/public agency projects do not qualify for rebates for edible fruit trees. • Each new tree installed within the Turf Replacement project area will qualify as three plants to meet the Turf Replacement Program's plant count requirement. • Receipts for eligible trees are required. The receipt must include size and species of each tree. Third party receipts or invoices are not allowed (i.e., contractor or landscaper purchase receipts). In cases where a contractor/landscaper provided the tree, their invoice to the customer is required and it also must detail the species and ------size-0f-the-eliQil)le-tree(-s)~. -------
• The Turf Replacement Program participant is responsible for ensuring that all trees are appropriately planted with consideration to other trees, hardscape, powerlines, and any other potential site conditions.
• The Turf Replacement Program participant.is responsible for complying with all applicable laws, ordinances, codes, and regulations as indicated by the City the project is taking place in, including obtaining a permit or waiver for the conversion.

Landscape Design Rebate Guidelines. Participant Agency further understands that residential participants of the Turf Replacement Program who purchase a professional design from a certified designer/contractor are eligible to receive a rebate toward the cost of their design. To be eligible for the rebate residential participants must:
60 Addendum 3B FY 24-25
Turf Replacement Program, Tree Rebate, and Landscape Design Rebate Participant Agency Participation Authorization

Page 6 of 7 ends

• Successfully complete their Turf Replacement project. Design rebate will be issued at the same time as the Turf Replacement Rebate.
• Design must include the front yard.
• Design must be from a designer on the Designer List or a licensed business/contractor.
• Design must meet the Rebate Eligible Design Requirements as listed on the Turf Replacement Program's website.
•. c_Su6missiorrofar, eligi61e rnvorce/receiptsfiowing tlie cosfof theDesigllis require-d.- - • Project must meet the Turf Replacement Program Terms and Conditions.

Election to Provide Supplemental Funding. Participant Agency has the option to provide supplemental funding to customers in its service area to further incentivize participation in the Turf Replacement Program, Tree Rebate, and Landscape Design Rebate. Tables 3, 4, and 5 below indicate Participant Agency's election to provide or not provide supplemental funding for Turf Replacement, Tree Rebates, or Landscape Designs. Participant Agency acknowledges that it is responsible for managing its own supplemental rebate funding budget. MWDOC will not be tracking the expenditure of Participant Agency's funding.

T u rf R
Turf Replacement
Residential Turf Replacement
(Limit of 1 application per home per
fiscal year)
Commercial Turf Replacement
(Limit of 1 application per water meter
per fiscal year)
Public Agency Turf Replacement
~L.imit-0f-1-application-per-water-meter
per fiscal year)
Ill
Ill
Ill
Ill
Ill
ep acemen upp emen a un mg
Table 3
tS I t IF d"
Participant Agency Participant Agency Supplemental
Providing Supplemental Rebate Funding Amount per
Rebate Funding (x) Square Foot of Turf Removed
$1.00 /sf.
hives Start Date 7/15/2024 □ No Maximum of 5,000/sf per home per fiscal vear
$ /sf.

Yes fiNo Start Date
Maximum of 50,000/sf per water
meter per fiscal year
□ Yes FJ'No $ /sf.
-Start-Date -- - -- ----
Maximum of 200,000/sf per water
meter per fiscal year
61 Addendum 3B FY 24-25
Turf Replacement Program, Tree Rebate, and Landscape Design Rebate Participant Agency Participation Authorization

Page 7 of 7 ends

Table 4
Tree Rebate Supplemental Funding
Tree Rebate Participant Agency Participant Agency Supplemental Providing Supplemental Rebate Funding Amount per Tree
Rebate Fundina (x)
$ /per Tree
Residential Tree Rebate □ Yes &'.fNo Start Date:

Commercial, Industrial, $ /per Tree
Institutional Tree Rebate □ Yes ~No Start Date:

Table 5
Landscape Design Rebate Supplemental Funding
Landscape Design Rebate Participant Agency Participant Agency Supplemental Providing Supplemental Rebate Funding Amount per
Rebate Funding (x) Landscape Design
fiNo
$ /per Design
Residential Landscape Design □ Yes Start Date:

By signing below, Participant Agency understands that it is obligated to pay any supplemental rebate funding amounts and/or MWDOC installation verification/inspection contractor fees, if utilizing MWDOC's contractor, for any applications initiated during the term of this Addendum 3B, regardless of when the project is completed and the rebate check is issued.

This funding authorization is effective for applications received by MWDOC on or after July 1, 2024 and continues through June 30, 2025 or until a replacement Addendum is approved and implemented by MWDOC, whichever comes first. All invoicing shall be pursuant to the terms of the Water Conservation Participation Agreement. Incentives may not be applied retroactively. This funding authorization is effective only for the designated period or until a new authorization is received and approved by MWDOC. Each form submitted shall include the total authorization of the Agency for the specified time period.

Supplemental funding forms received by MWDOC by the 15th of a month shall become effective on the first day of the following month unless a later Start Date is specified. Supplemental funding forms received by MWDOC after the 15th of a month shall become effective no later than the first day of the second month after received, unless a later Start Date is specified.

By signing, Participant Agency agrees to these terms.

PARTICIPANT AGENCY City of San Clemente
t't!/
Autlwrizinf.! SJYnature General Manaf.!er /Desif.!nee
//
MWDOC USE ONLY: Date received: ______ _ Approved by: _______ _ Comments:
62 Addendum 3C FY 24-25
Spray to Drip Irrigation Rebate Program
Participant Agency Participation Authorization

Page 1 of 4 ends

Election to Participate/Not Participate in Spray to Drip Irrigation Rebate Program.

By checking the box below, City of San Clemente hereby elects to either:

Name of Participant Agency
~-~~_NOT PARTICIPATE.in the Sprayto Drip lrrigc1tion Rebate Program or
PARTICIPATE in the Spray to Drip Irrigation Rebate Program Residential/Commercial/Public Agency
Residential Only
Commercial Only
Public Agency Only
Allow Recycled Water Sites to Participate
□
Yes No
Recycled Special Requirements/Conditions, if any: ____ _ Site Inspection; Election by Participant. Participant Agency must conduct mandatory predrip and post-drip conversion verifications/inspections on 100% of the participating residential, commercial, and public agency sites in its service area, as described in Amendment 1 to the Water Conservation Participation Agreement and the MWDOC Inspection and Verification Procedures Manual, as amended from time to time. Pre-drip conversion inspections (Pre-Inspection) may be conducted either aerially using GIS or equivalent software, or in person on-site. MWDOC reserves the right to require an on-site Pre-Inspection in the event an aerial review is not possible due to obstructions (tree coverage), or inconclusive. All post-drip conversion inspections (Post-Inspection) must be conducted in person, on-site. Participant Agency must select one of the three options below to identify the method(s) for satisfying the Pre- and Post-Inspection requirements.

For reference, current fees charged by MWDOC's installation verification/inspection contractor are set forth in Table 1 below, but may be revised from time to time:

Ill
Ill
Ill
63 Addendum 3C FY 24-25
Spray to Drip Irrigation Rebate Program
Participant Agency Participation Authorization

Page 2 of 4 ends

Table 1
Installation Verification and Data Collection Fee Structure Contractor Residential, Commercial, Administrative
Spray-to-Drip Spray-to-Drip, Duties
Mission
Per Mileage
Charge
(Commercial
Only)
____ Resource~-- __ - $_10-4.00LDrip_~." -~--$95.001.hour _ ~$45.O0_~_Lhour~ ~$0.61~LMile_ , __ Conservation Inspection + Per Mileage
District (MRCD) Charge
$65.00 I No Show
*Administrative Duties costs are covered by MWDOC funding **Mileage rate is based on the IRS mileage rate, which is subject to annual change Participant Agency understands and agrees that if Participant Agency utilizes MWDOC's verification/inspection contractor, Participant Agency must still comply with all of the requirements of the Water Conservation Participation Agreement and all Amendments thereto, including the refund requirements in Section 6. Participant Agency further understands that MWDOC is in no way liable or responsible for the acts or omissions of such contractor and makes no representations or warranties regarding the quality of such contractor's work. Participant Agency's sole recourse as to any action, claims or damages arising out of the acts or omissions of MWDOC's verification/inspection contractor is with the contractor and not with MWDOC.

By acknowledging below, City of San Clemente
one option below): Name of Participant Agency
(1) Conduct its own Post-Inspections:

Pre-Inspections will be performed via:
□ □ Aerial On-site by Participant Agency
----~,~l~f A~er~ia~I,, software to be use~d~is~: _________ _ (2) Contract with own third-party inspector for
Post-Inspections:

Name of Third-Party Inspector
Pre-Inspections will be performed via:
□ □ Aerial On-site by third-party inspector
If Aerial software to be used is:
hereby elects to ( choose
Initial Here
Initial Here
64 Addendum 3C FY 24-25
Spray to Drip Irrigation Rebate Program
Participant Agency Participation Authorization

Page 3 of 4 ends

(3) Utilize MWDOC's installation verification/inspection contractor for Post-Inspections and agree to be billed
monthly for previous month's inspections
Pre-Inspections will be performed via:
□ 12'
Aerial On-site by MWDOC's Inspection Contractor at Participant Agency's cost
If Aerial, software to be used is: -----------
An Authorized Representative(s) of Participant Agency must approve all pre-drip and postdrip conversion verifications and/or inspection work orders, whether conducted by Participant Agency, a third-party vendor, or MWDOC's inspection contractor. Participant Agency shall designate its Authorized Representative(s) by completing Table 2 below. All Authorized Representative(s) identified in Table 2 must have signing authority with Participant Agency to certify that all information contained in the pre-drip and post-drip conversion verification/inspection work orders is true and correct and to approve all rebate funding amounts. It is the responsibility of the Participant Agency's Authorized Representative(s) to access the Droplet online portal weekly to approve all verification/inspection work orders and/or provide the approved work orders to MWDOC.

Table 2
Designation by Participant Agency of Authorized Representative(s)* Name Title Email Phone
Ray Pantoja Water Conservation Analyst [email protected] (949) 361-6127 .. *Attach a supplemental sheet 1f add1t1onal lines are needed.

Election to Provide Supplemental Funding. Participant Agency has the option to provide supplemental funding to customers in its service area to further incentivize participation in the Spray to Drip Irrigation Rebate Program. Table 3 below indicates Participant Agency's election to provide or not provide supplemental funding for spray to drip irrigation rebate incentives. Participant Agency acknowledges that it is responsible for managing its own rebate funding budget via the Droplet online portal. MWDOC will not be tracking the expenditure of Participant Agency's funding.
65 Addendum 3C FY 24-25
Spray to Drip Irrigation Rebate Program
Participant Agency Participation Authorization

Page 4 of 4 ends

s pray
Spray to Drip Rebate
Residential Spray to Drip
Commercial Spray to Drip
Public Agency Spray to Drip
0 rip rriga 10n e a e
Table 3
to·1· f RbtS
Participant Agency
Providing
Supplemental Funding
(x)
KZ'Yes □ No
□ Yes @No
□ Yes fSlNo
upp emen t a IF un d" mg
Participant Agency Supplemental
Funding Amount per Square Foot of
Spray to Drip Conversion Area
$ 1.00 /sf. Start Date 7/15/2024
(Maximum of 5,000 sf of converted area per
fiscal year)
$ /sf. Start Date
(Maximum of 50,000 sf of converted area
per meter per fiscal year)
$ /sf. Start Date
(Maximum of 200,000 sf of converted area
per meter per fiscal year)
By signing below, Participant Agency understands that it is obligated to pay any supplemental rebate funding amounts and vendor inspection fees, if selected, for any applications initiated during the term of this Addendum 3C, regardless of when the project is completed and the rebate check is issued.

By signing, Participant Agency agrees to these terms.

PARTICIPANT AGENCY Citt of San Clemente
A~ 2l 1-sL,4
Autltorizinf! Sil!naJUre General Manaf!er /Desif!nee I
Date
MWDOC USE ONLY: Date received: Approved by:

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

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: June 17, 2025 Agenda Item: 11P.

Submitted By: Public Works
Prepared By: David Rebensdorf, Public Works Director/City Engineer Rick Milam, Maintenance Operations Supervisor
Subject:
..titl e

CONSIDERATION OF A RESOLUTION TO APPROVE AMENDMENT NUMBER TWO WITH SWEEPING CORPORATION OF AMERICA IN THE AMOUNT OF $598,137.48 TO CONTINUE

STREET SWEEPING SERVICES FOR ONE YEAR, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUA ..body LITY ACT Fiscal Impact:

There is available budget within the Fiscal Year 2025/26 Clean Ocean Fund, Street Cleaning account for this expenditure of $598,137.48.

Summary:

On May 18, 2021, the City Council approved a three-year Agreement with Cannon Pacific Services, Inc. dba Pacific Sweeping to perform street sweeping services for the City through June 30, 2024. Subsequently, Pacific Sweeping was purchased by Sweeping Corporation of America (SCA). The original Agreement provides an option for two one-year extensions. City Council approved the first extension on July 17, 2024. Staff is recommending a second and final amendment to the Agreement, extending services for one year to continue to provide street sweeping services, which is necessary to keep the public right-of-way safe, clean, and improve water quality when runoff occurs on public streets.

Background:

Street sweeping is necessary to clean debris and sediment from portions of the street, curb and gutter. By removing the material within the street prior to it reaching the City’s storm drain system, it improves water quality in the drainage system, coastal canyons, beaches, and the Pacific Ocean. In addition, street sweeping keeps the public right-of-way safe and clean.

In 2008, the City Council approved a transition from in-house street sweeping to a contractual provider for an estimated cost savings of $20,650 per year and to avoid a $250,000 purchase for a new sweeper vehicle at the time. On March 2, 2021, the Citywide Street Sweeping RFP was posted on PlanetBids. Following the evaluation of received proposals, Canon Pacific Services emerged as the lowest bidder and was subsequently awarded the Street Sweeping Services Agreement. Notably, on February 23, 2021, Sweeping Corp. of America (SCA) acquired Canon Pacific Services, thereby inheriting and committing to fulfill the obligations outlined in the contract previously held by Canon Pacific Services Inc., doing business as Pacific Sweeping. This change in ownership and contractual responsibility occurred prior to the commencement of the street sweeping services under the awarded Agreement.
1 Meeting Date: June 17, 2025 Agenda Item: 11P.

CITY OF SAN CLEMENTE
The Agreement allows for two one-year extensions, and the City Council approved a First Amendment to the Agreement on July 17, 2024 in the amount of $580,716 for a one-year period expiring on June 30, 2025. To continue with street sweeping services, staff is recommending a Second Amendment to the Agreement, for one-year, with an increase of 3% based on CPI for a total of $598,137.48.

Due to rising costs within the industry and new regulations, staff are evaluating the cost effectiveness for the City to perform the services in-house again. Prior to issuance of a Request for Proposal (RFP) for services in future years, staff will provide the City Council with an analysis for in-house costs compared to contracting for the service.

Council Options:
 Adopt Resolution No. 25-99, approving Amendment No. 2 with SCA to continue Street Sweeping services for up to one year while City staff analyzes options for future service.  Modify and adopt Resolution No. 25-99.
 Continue the item with direction to provide additional information.  Do not adopt Resolution No. 25-99 or approve Amendment No. 2 with SCA to continue Street Sweeping services for up to one year.

Environmental Review/Analysis:

This project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR 15301) of the state CEQA Guidelines.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 25-99, which will:

1. Find the project be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR 15301) of the state CEQA Guidelines; and

2. Authorize the City Manager to execute Amendment No. 2 with SCA to continue Street Sweeping for up to one year at a cost of $598,137.48.
..end
Attachment:

1. Resolution No. 25-99

2. Amendment No. 2 between the City of San Clemente and SCA

3. July 17, 2024 Agenda Report
Notification:

None.
2 RESOLUTION NO. 25-99

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT NO. 2 BETWEEN

THE CITY OF SAN CLEMENTE AND SCA TO CONTINUE

STREET SWEEPING SERVICES FOR ONE YEAR, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR 15301) OF

THE STATE CEQA GUIDELINES
WHEREAS, City and Cannon Pacific Services, Inc. dba Pacific Sweeping (“Pacific Sweeping”) entered into that certain Agreement for Maintenance Services for Street Sweeping (the “Agreement”) on May 18, 2021; and
WHEREAS, Sweeping Corp. of America (SCA) acquired Canon Pacific Services on February 23, 2021, thereby inheriting and committing to fulfill the obligations outlined in the contract previously held by Canon Pacific Services, Inc. and is the successor in interest of Pacific Sweeping; and
WHEREAS, Section 3.1.2 of the Agreement specifies an initial term through June 30, 2024, with the option to extend the total Agreement term by up to two (2) one-year extensions; and
WHEREAS, City and SCA exercised the first one-year term extension on July 17, 2024, to provide for City-wide Street sweeping through June 30, 2025; and WHEREAS, City desires to exercise the second one-year term extension, to provide for City-wide Street sweeping through June 30, 2026.

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

SECTION 1. That the above recitals are true and correct and incorporated herein fully by reference.

SECTION 2. That this project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use, and there is no reasonable possibility that the activity will have a significant direct or foreseeable indirect effect on the environment.

SECTION 3. That the City Manager is hereby authorized and directed to execute Amendment No. 2 to continue Street Sweeping through June 30, 2026 for a cost of Attachment 1
3 Resolution No. 25-99 Page 2
$598,137.48, in a form substantially similar to that presented to City Council on June 17, 2025.

SECTION 4. That staff is authorized and directed to take such other and further actions and execute such other and further documents as may be necessary to accomplish the purposes of this resolution.

SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 4 Resolution No. 25-99 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-99 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
5 Attachment 2

SECOND AMENDMENT TO

AGREEMENT FOR MAINTENANCE SERVICES FOR

STREET SWEEPING
This Second Amendment to the Agreement for Maintenance Services for Street Sweeping (this “Second Amendment”) is made and entered into on this ______ day of ____________, 2025, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and SCA of CA, LLC, A DELAWARE LIMITED LIABILITY COMPANY (“Contractor”).

R E C I T A L S:

A. City and Contractor (successor in interest to "Cannon Pacific Services, Inc. dba Pacific Sweeping”) entered into that certain Agreement for Maintenance Services for Street Sweeping (the “Agreement”) on or about May 18, 2021.

B. SCA of CA, LLC purchased all issued and outstanding stock of "Cannon Pacific Services, Inc. dba Pacific Sweeping" on February 23, 2021".

C. Cannon Pacific Services, Inc. assigned its rights and obligations under the Agreement to SCA of CA, LLC, which SCA of CA, LLC accepted and assumed as part of the First Amendment to the Agreement entered into on July 17, 2024.

D. Section 3.1.2 of the Agreement specifies an initial term through June 30, 2024, with the option to extend the total Agreement term by up to two (2) one-year extensions.

E. On July 17, 2024, City and Contractor amended the Agreement to exercise the first oneyear term extension, which extended the Agreement from July 1, 2024 to June 30, 2025.

F. City and Contractor desire to amend the Agreement to exercise the second one-year term extension, to provide for City-wide street sweeping from July 1, 2025 to June 30, 2026.

G. Section 3.3.6 of the Agreement specifies the rate set forth may be adjusted each year at the time of extension.

H. City and Contractor desire to amend the Agreement to apply a 3.0% CPI cost increase to Exhibit Appendix A for the second one-year term extension of July 1, 2025 through June 30, 2026, which is in the best interest of the Parties and the public.

I. City and Contractor desire to amend the Agreement in the manner provided herein.

COVENANTS
Section 1: Section 3.1.2 of the Agreement titled “Term” is hereby replaced in its entirety with the following:

3.1.2 Term.

The term of the Agreement shall be from July 1, 2021 and shall continue and remain in effect until June 30, 2026, unless terminated earlier as provided herein. 6 4919-9842-7978 v2 2 of 6
Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

Section 2: Section 3.3.1 of the Agreement titled “Compensation” is hereby replaced in its entirety with the following:

3.3.1 Compensation.

Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement, including all work related thereto, at the rates set forth in the Contractor's Cost Proposal Form in Exhibit “A” attached hereto and incorporated herein by reference. The total compensation for the initial term through June 30, 2024 shall not exceed One Million, Three Hundred EightyFive Thousand and Four DOLLARS and zero cents ($1,385,004.00) without written approval of City’s City Council. The total compensation for the First Amendment to the Agreement, exercising the first one-year term extension through June 30, 2025, shall not exceed Five Hundred Eighty Thousand, Seven Hundred Sixteen DOLLARS and zero cents ($580,716) without written approval of City’s City Council. The total compensation for the Second Amendment to the Agreement, exercising the second one-year term extension through June 30, 2026, shall not exceed Five Hundred Ninety-Eight Thousand, One Hundred Thirty-Seven DOLLARS and Fourty-Eight CENTS ($598,137.48) without written approval of City’s City Council. Extra work outside the scope of the Services may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

Section 3: Except as expressly amended by this Second Amendment, the remaining portions of the Agreement shall remain in full force and effect. (SIGNATURES ON FOLLOWING PAGE)
7 4919-9842-7978 v2 3 of 6
IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST: Dated: __________________, 2025
_____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization

SCA OF CA, LLC, A DELAWARE LIMITED

LIABILITY COMPANY
(“CONTRACTOR”)
By:

Jonathan David Sisler
Its:_CEO, Manager/Member ________
Dated: _______________, 2025
8 4919-9842-7978 v2 4 of 6
EXHIBIT “A”

COST PROPOSAL FORM
(Costs are increased by 3% from the attached July 1, 2024 to account for CPI increases as shown on the following pages)
9 4919-9842-7978 v2 5 of 6
10 City or San Clemente - Public Works Department, Maintenance Services Division

CITY OF SAN CLEMENTE

STREET SWEEPING SERVICES
Request for Proposal
July 1, 2024
Cost Proposal F'orm
Contractor Name: ............................................ SCA o-f CA L......, LC ____________ _ For periiod from July 11, 2024 through June, 30, 2025:
ltemi IDesc,ription Quantity Units Uniit Cost Annual Tota.I No. 1 Routiine/Sdheduled Sweeping 21,,508 Curb Mile $27.00 $580,716_00 2 Special! Sweeping Hour $185.00
3 Ernergiency Sweeping
A Regullar business hours Hour $185.00
B. Night and wee~end hours Hour $277.50
For annual periods start1-ng on Jluly 1, 2024 GENERAL CONDIITIONS AND NSTRUCTIIONIS and hereaft,er, Contractor may request an adjustment to the unit costs of the preceding annual period per Section II!, 5 of this RIFP_ If Contracto' wishes to use following City facilities 1 check appropriate boxes be ow and specify he discount amount whi,dh is inc:luded in the above l'sted pl1anned work unit costs. □ On-Site Propane Fuell f acility Discount= $ .10 per curb mile DI On-Site Debriis Disposal Faailirty Disco11.11nt = $ -25 per curb mil,e D On-Site Sweeper creanout Area Disco11.11nt = $ .10 percmbmile DI On-Site Sweeper Parking1 Area Discm.mt = $_20 per curb mil,e \c:)i\Mcu'elmlllnts • 0701 2 • 011.30 24 Cl$ upd:wt Cl7 03 2024.docc ATTAC NTC 4919-9842-7978 v2 6 of 6
11 City of San Clemente - Public Works Department, Maintenance Services Division Cost Proposal Form ·-(continued)
The undersigned agrees that this Cost Proposal constitutes a firm offer to City which shall remain valid for the number of calendar days indicated in the RFP. Proposer certifies that it is licensed in accordance with the law providing for the registration of Contractors:

Proposer Name Cannon Pacific Serviuces, Inc. dba Pacific Sweeping Proposer License No. _8_8_4_11_3 _____ , Class of License _B ________ _ License Expiration Date 09/30/2022
The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents, if applicable (insert issue date of any addenda issued by City for this solicitation):

Addendum No. 1 dated --------
Addendum No. 2 dated --------
I hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted in connection with this Proposal and all of the representations made herein, including Proposer's license number and expiration date, are true and correct.

I further certify that the signatory below is authorized to submit this Proposal and bind the Proposer to the terms of these Contract DocuIT'!ents.

Name of Proposer. Lffi_
Authorized Signature: QV
1 ~
Title: Regional Vice President
Name or Company: Cannon Pacific Services, Inc. dba Pacific Sweeping Mailing Address: 285 Pawnee St. Suite A, San Marcos, CA 92_078 E-mail Address: [email protected]
Phone#: (760) 471-9003
Dated: 03/22/21
l:\cy\secure\malntservfces\rfp, rfq, r1bldslsl sweeping rfplmarch 2, 2021\rfp street sweeping flnal 03.02.21 .docx ATTACHMENT C 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: July 17, 2024 Agenda Item: 11K
Submitted By: Public Works
Prepared By: David Rebensdorf, Public Works Director/City Engineer Rick Milam, Maintenance Operations Supervisor
Subject:
..titl e

CONSIDERATION OF A RESOLUTION TO APPROVE AMENDMENT NUMBER ONE WITH SWEEPING CORPORATION OF AMERICA IN THE AMOUNT OF $580,716 TO CONTINUE

STREET SWEEPING SERVICES FOR ONE YEAR, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body Fiscal Impact:

Yes. There is available budget within the Clean Ocean Fund, Street Cleaning account for this expenditure. Funding for street cleaning was previously part of the voter initiative for the Clean Ocean Fee that sunset on June 30, 2020.

Summary:

On May 18, 2021, the City Council approved a three-year Agreement with Cannon Pacific Services, Inc. dba Pacific Sweeping to perform street sweeping services for the City through June 30, 2024. Subsequently, Pacific Sweeping was purchased by Sweeping Corporation of America (SCA). The original Agreement provides an option for two one-year extensions. Staff is recommending to amend the Agreement, extending services for one-year to continue to provide street sweeping services, which is necessary to keep the public right-of-way safe, clean, and improve water quality when runoff occurs on public streets.

Background:

In 2008, the City Council approved a transition
to from in-house street sweeping to a
contractual provider for an estimated cost
savings of $20,650 per year and to avoid a
$250,000 purchase for a new sweeper vehicle
at the time.

On March 2, 2021, the Citywide Street
Sweeping RFP was posted on PlanetBids,
following the evaluation of received proposals,
Canon Pacific Services emerged as the lowest bidder and was subsequently awarded the Street 1 Attachment 3
12 Meeting Date: July 17, 2024 Agenda Item: 11K

CITY OF SAN CLEMENTE
Sweeping Services Agreement. Notably, on February 23, 2021, Sweeping Corp. of America (SCA) acquired Canon Pacific Services, thereby inheriting and committing to fulfill the obligations outlined in the contract previously held by Canon Pacific Services Inc., doing business as Pacific Sweeping. This change in ownership and contractual responsibility occurred prior to the commencement of the street sweeping services under the awarded Agreement.

The Agreement allows for two one-year extensions and an annual increase in cost which SCA chose not to implement during the first three years. The cost per linear curb mile was $21, and SCA has agreed to a new rate for the additional one-year period of $27 per linear curb mile through negotiations with City staff. The primary drivers for the higher unit cost include increases in labor, equipment, and natural gas prices. Staff is recommending approval of a one-year extension to the existing contract with SCA in the amount of $580,716 from a previous cost of 451,668. While the increase may seem high, staff has reviewed recent bids from other Cities and found per linear curb mile costs much higher than $27.

Due to rising costs within the industry and new regulations, it may be cost effective for the City to perform the services in-house again. Prior to issuance of a Request for Proposal (RFP) for services in future years, staff will analyze in-house costs compared to contracting for the service.

Council Options:
 Adopt Resolution No. 24-120, approving Amendment No. 1 with SCA to continue Street Sweeping services for up to one year while City staff analyzes options for future service.  Modify and adopt Resolution No. 24-120.
 Continue the item with direction to provide additional information.  Do not adopt Resolution No. 24-120 or approve Amendment No. 1 with SCA to continue Street Sweeping services for up to one year.

Environmental Review/Analysis:

This project was previously determined to be exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR 15301) of the state CEQA Guidelines.

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council adopt Resolution No. 24-120, which will authorize the City Manager to execute Amendment No. 1 with SCA to continue Street Sweeping for up to one year. ..recommendation
..end
Attachment:

1. Resolution No. 24-120

2. Amendment No. 1 between the City of San Clemente and SCA

3. May 18, 2021 Agenda Report

4. Maintenance Services Agreement with Cannon Pacific Services, Inc. dated May 18, 2021. 132
RESOLUTION NO. 24-120

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT NO. 1 BETWEEN

THE CITY OF SAN CLEMENTE AND SCA TO CONTINUE

STREET SWEEPING SERVICES FOR ONE YEAR, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, City and Cannon Pacific Services, Inc. dba Pacific Sweeping (“Pacific Sweeping”) entered into that certain Agreement for Maintenance Services for Street Sweeping (the “Agreement”) on May 18, 2021; and
WHEREAS, Sweeping Corp. of America (SCA) acquired Canon Pacific Services on February 23, 2021, thereby inheriting and committing to fulfill the obligations outlined in the contract previously held by Canon Pacific Services, Inc. and is the successor in interest of Pacific Sweeping; and
WHEREAS, Section 3.1.2 of the Agreement specifies an initial term through June 30, 2024, with the option to extend the total Agreement term by up to two (2) one-year extensions; and
WHEREAS, City desires to exercise the first one-year term extension, to provide for City-wide street sweeping through June 30, 2025.

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

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

Section 2. That this project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use, and there is no reasonable possibility that the activity will have a significant direct or foreseeable indirect effect on the environment.

Section 3. That approval is hereby granted for the City to authorize the City Manager to execute Amendment No. 1 between the City of San Clemente and SCA to continue Street Sweeping through June 30, 2025.

Section 4. That staff is authorized and directed to take such other and further actions and execute such other and further documents as may be necessary to accomplish the purposes of this resolution.

Attachment 1
143
Resolution No. 24-120 Page 2
Section 5. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, 2024.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
154
Resolution No. 24-120 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-120 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

FIRST AMENDMENT TO

AGREEMENT FOR MAINTENANCE SERVICES FOR

STREET SWEEPING
This First Amendment to the Agreement for Maintenance Services for Street Sweeping (this “First Amendment”) is made and entered into on this 1st day of July, 2024, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and SCA of CA, LLC, a Delaware limited liability company (“Contractor”).

R E C I T A L S:

A. City and Cannon Pacific Services, Inc. dba Pacific Sweeping (“Pacific Sweeping”) entered into that certain Agreement for Maintenance Services for Street Sweeping (the “Agreement”) on May 18, 2021.

B. Contractor is the successor in interest of Pacific Sweeping, having purchased Pacific Sweeping on February 23, 2021 and having assuming its obligations, including those requiring Contractor to fulfill the obligations under the Agreement.

C. Section 3.1.2 of the Agreement specifies an initial term through June 30, 2024, with the option to extend the total Agreement term by up to two (2) one-year extensions.

D. City desires to exercise the first one-year term extension, to provide for City-wide street sweeping through June 30, 2025.

E. Section 3.3.6 of the Agreement specifies the rate set forth may be adjusted each year at the time of renewal.

F. City and Contractor desire to amend the Agreement increasing the Unit Cost to $27.00 from $21 for the one-year term extension of July 1, 2024 through June 30, 2025.

G. City and Contractor desire to increase the maximum payment amount of the Agreement to correspond to the new extended term of the Agreement and provide for the final extension.

H. City and Contractor desire to amend the Agreement in the manner provided herein.

COVENANTS

1. Contractor acknowledges and agrees that it shall perform all the obligations under the Agreement of Cannon Pacific Services, Inc. dba Pacific Sweeping.

Attachment 2
176
2 of 5

2. The City hereby exercises its unilateral option under Section 3.1.2 of the Agreement to renew this Agreement for one (1) additional one-year such that the Agreement shall expire on June 30, 2025 unless otherwise terminated or further extended.

3. Section 3.3.1 of the Agreement titled “Compensation” is hereby replaced in its entirety with the following:

3.3.1 Compensation.

Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in the Contractor's Cost Proposal Form in Exhibit “A” attached hereto and incorporated herein by reference. The total compensation for the initial term through June 30, 2024 shall not exceed One Million, Three Hundred Eighty-Five Thousand and Four DOLLARS ($1,385,004.00) without written approval of City’s City Council. The total compensation for the First Amendment to the Agreement, exercising the first oneyear term extension through June 30, 2025, shall not exceed Five Hundred Eighty Thousand, Seven Hundred Sixteen DOLLARS ($580,716.00) without written approval of City Council. The total compensation for the second one-year term extension, if exercised by the City Manager in his sole and absolute discretion, shall not exceed the compensation for the first one-year term extension plus an adjustment based on cost increases in labor, equipment and natural gas.. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

4. Exhibit A to the Agreement is hereby replaced in its entirety by Exhibit A to this First Amendment, which is hereby fully incorporated by this reference.

5. Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
187
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IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be duly executed on the respective dates set forth opposite of their signatures effective as of the date first written above.

CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST: Dated: __________________, 2024
________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization

SCA of CA, LLC
(“CONTRACTOR”)
By:

Jonathan David Sisler, CEO,
Manager/Member
Dated: __________________, 2024
By:

Jean Francois Souliere,
Manager/Member
Dated: __________________, 2024
198
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EXHIBIT “A”

COST PROPOSAL FORM
(Included on the following page)
209
5 of 5
1021
City of San Clemente - Public Works Department, Mair,tenance SeNices Division Cll"Y OF SAN CLEMENTE

STREET SWEEPIINIG SERVICES
ReqIuest fo:r Proposal
July 1, 20.2.4
Cost Proposal Form
Contractor Name: ____ S __ C __ A .... o ... •f.... C .... A __ , .... L __ IL __ C ______________ _ For period from July 11, 2024 thro,ugh June 30, 2025:
ltemi DesCiription Quantity Units Unit C,01st Annual Tota.I No. 1 Routine/Scheduled Sweep,ing 21 ,508 Curb Mile $27.00 $580,.71 6.00 2 Special Sweeping Hour $185.00
3 Emergiency Sweeping
A.. Regullar business hours Hour $185.00
B. Night and wee~end hours Hour $277.50
For arinuall pe:riods starting on Jluly 1, 2024 GENERAL CONDIITIIONS AIND NSTRUCTIONS and her,eafter, Con~ractor may _equest an adjustment to the unit costs of the preceding annual period per Section 111 , 5 of this RJFP'.

If Colf'litraoto:r wfs,hes to use foUowing City racilities, check appropriate boxes below and specify the discount amount whioh is inclluded in the above listed pl'emned work unit costs.

DI On-Site Propane Fuell Facility Discount = $ .10 per curb mi ,e DI On~Site Debriis Disposal Faoility Discount = $ .25 peromb mi,e DI On-Site Sweeper C 'eanout Area Discount = $ .10 per curb mi e DI On-Site Sweeper Parking Area Discount = $-_20 peramb mi,e g. m.07 012 • Ol!.3024 updat 07 OJ 2024.clocx ATTAC NTC Attachment 3
1122
Department
Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: May 18, 2021
Public Works/ Maintenance Services Division
Randy Little, Maintenance Manager
Agenda Item uD
Approvals:

City Manager &_ ~
Dept. Head ~
Attorney --- Finance

APPROVE MAINTENANCE SERVICES CONTRACT WITH CANNON PACIFIC SERVICES TO PROVIDE CtTY-WIDE STREET SWEEPING SERVICES.

Fiscal Impact: Yes. The first year contract cost is $461 ,668. Over the agreement term, the proposed contract cost is $1 ,385,004. Contract funding is included in the proposed Clean Ocean Fund 057-542-43483 Street Sweeping Services Fiscal Year 2022 budget.

Summary: Staff is requesting approval for a three year initial term contract with Cannon Pacific Services for City-wide street sweeping services.

Background: The City's current street sweeping contract was approved in December 2018 and is set to expire on June 30, 2021 . The current contractor, Jonset Corporation (dba Sunset Property Services) experienced performance issues related to communication, appropriate signage on sweepers, water use during sweeping operations and contract interpretation. Staff met with the contractor on several occasions to discuss and resolve these issues, however, their performance remained below expectations.

Staff posted a new street sweeping Request for Proposal (RFP) on Planet Bids for three weeks closing March 25, 2021 (Attachment 1). The City received four qualified proposals and staff evaluated the proposals based on the criteria in the RFP. At the conclusion of the evaluation process, Cannon Pacific Services was determined to be the best qualified provider for the City of San Clemente.

The RFP results are as follows:

Proposer Ranking Cost per Cost Proposal Amount
Curb Mile (Annual)
Cannon Pacific Services, Inc. 1st $21 .00 $451,668.00
Jonset Corporation 2nd $20.24 $435,321 .92
R.F. Dickson Co, Inc. 3rd $23.34 $501 ,996.72
Contract Sweeoina Services 4th $26.70 $574,263.60
Proposals were evaluated on the basis of the response to all prov1s1ons of the RFP (Attachment 3). A contract for maintenance services may be awarded on the basis of both qualifications and cost, taking into account the best interests of the City.

Public Works Agenda Report
5-18-21 / 60-1
1223
Agenda Report
Recommended
Page2
The proposed contract is for a three-year initial term, beginning July 1, 2021 and c· extending through June 30, 2024, with the option of two one-year extensions. The contract cost will be fixed for the initial three year period and allows for an increase based on the Consumer Price Index (CPI) if the City elects to exercise the extension options.

Cannon Pacific Services is currently providing street sweeping for the cities of San Juan Capistrano, Carlsbad and San Marcos. Staff checked references, received favorable responses and therefore recommends that the City• Council approve a contract with Canon Pacific Services. The recommended contract amount includes an annual budget allocation of $10,000 for emergency and special sweeping requests.

Action: STAFF RECOMMENDS THAT the City Council Approve and authorize the Mayor to execute Contract No. with Cannon Pacific Services for an amount not to exceed $1 ,385,004 for an initial three year term.

Attachments: 1 . Request for Proposal

2. Cannon Pacific Services Proposal

3. Bid Evaluation Sheet
Notification: None.
s:\cd\engfneering\secure\admin\2021\5-18-21\revfsed street sweeping agenda rept 05.18.21 .docx mg flnal.docx (_
Public Works Agenda Report 5-18-21 / 60-2
Attachment 4
1324

CITY OF SAN CLEMENTE

AGREEMENT FOR MAINTENANCE SERVICES

1. PARTIES AND DATE.

This Ag reement is made and entered into this \~Y\. day of'{\(\~ , 2021 , by and between the City of San Clemente, a municipal corporation, organized ~ aws of the State of California, located at 910 Calle Negocio, San Clemente 92673 ("City") and Cannon Pacific Services, Inc. dba Pacific Sweeping, a California Corporation, with its principal place of business at 285 Pawnee Street, Suite A, San Marcos, CA 92078 ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain Street Sweeping services required by the City on the terms and conditions set forth in this Agreement and the Contract Documents, Plans, and Specifications for [INSERT NAME OF BID DOCUMENT] dated [DATE OF BID DOCUMENT] which are hereby incorporated as though fully set forth herein. The contract Documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Bid, together with this Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to ensure its completion in an acceptable manner. Contractor represents that it is experienced in providing Street Sweeping services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that it is familiar with the plans of City.

2.2 Project.

City desires to engage Contractor to render such services for the Street Sweeping Services C21-22 project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the Street Sweeping services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

ORIGINAL
2 of 2
_ 3_.J_.2 _I.erm. The term ofJhis Agreement shall heJmm_J_uly_t ,_2021 to_June 30,_2024, _ unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two (2) additional one-year terms.

Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
55452.011 00\31090125.51 of 26 1 of 11
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3.2 Responsibilities of Contractor.

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

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Neither City, nor any of lts officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

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

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. _

3. 2.4 City's Representative. The City hereby designates Randy Little, Maintenance Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Contractor but not the authority to enlarge the Scope of Work or change the total compensation due to Contractor under this Agreement. The City's City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Contractor's total compensation, subject to the provisions contained in Section 3.3 of this Agreement. Contractor shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

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

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

3. 2. 7 Standard of Care: Performance of Employees. Contractor shall perform all 55452 .01100\31090125.52 of 26 2 of 11
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3.2.8 Services under this Agreement in a skillful and competent manner, consistent with the standards

3.2.9 generally recognized as being employed by contractors and/or professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the discipline necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services asslgned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.10 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations, Contractor shall be solely responsible for all costs arising therefrom. Contractor·shall defend, indemnify and hold City, its officials, directors, officers, employees and agents- free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: {A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.12 Labor

3.2.12.1 Prevailing Wages. Contractor is aware of the requirements of -- California Labor Code Section 17-20, -et-seq-.·;··and 1170, et seq., as well as-California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and If the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall 55452.01100\31090125.53 of 26 3 of 11
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3.2.12.2 provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal.

3.2.12.3 place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.2.12.4 Registration. If the Services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code sections 1725.5 and 1771.1, effective March 1, 2015, Contractor and all subcontractors must be registered wlth the Department of Industrial Relations ("DIR"). Contractor shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code secti'ons 1725.5 and 1771.1 shall not apply to work performed on a maintenance project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1.

3.2.13 Insurance. Contractor agrees to procure and maintain, at Contractor's expense all insurance specified in Exhibit "C" attached hereto and by this reference incorporated herein. Contractor shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City.

3.2.14 Bonds.

3.2.14.1 Performance Bond. If specifically requested by City in Exhibit "D" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-toexceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.14.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit "D" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.14.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace --- -- -------the -affected- bond-within 10-days---of -reGeiving notice- -from--Gity.--ln--the-event-the --surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance 55452.01100\31090125.54 of 26 4 of 11
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3.2.14.4 with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

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

3.2.15 Water Quality Management and Compliance.

3.2.15.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.2.15.2 Compliance with Water Quality Laws, Ordinances and Regulations. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City's ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. These include, but are not limited to San Diego Regional Water Quality Control Board Order No. R9-2013-0001 as amended by Order Nos. R9-2015-0001 and R9-2015-0100. Contractor shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs.

3.2.15.3 Compliance with Local Water Quality Requirements. In addition to compliance with the laws, ordinances and regulations listed in paragraph 3.2.13.2, Contractor shall comply with all applicable requirements of the Orange County Drainage Area Management Plan ("DAMP"), the City of San Clemente Water Quality Improvement Plan ("WQIP"), the City of San Clemente Jurisdictional Urban Runoff Management Plan ("JURMP"}, and the applicable Water Quality Management Plan ("WQMP"). These documents contain Model Maintenance Procedures with Best Management Practices ("BMPs"). These Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, stormwater runoff, and receiving water quality.

Contractor shall be familiar with these documents and shall comply with the requirements as -·- specified therein. - - -- - - -- - - - -- - --
A copy of the DAMP is available on the internet at:
www.ocwatersheds.com
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A copy of the San Clemente WQIP and JURMP are available on the internet at www.sccleanocean.org.

The City will provide a copy of any applicable project WQMP.

3.2.15.4 Standard of Care. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2 .13.3 of this Agreement. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding the requirements of the laws, regulations and policies described in Sections 3.2.13. 2 and 3.2.13.3 of this Agreement as they may relate to the Services.

3.2.15.5 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.2.13.2 and 3.2.13.3 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed in Sections 3.2.13.2 and

3.2.13.3 of this Agreement arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Contractor's failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
{C) Damages: City may seek damages from Contractor for
delay in completing the Services caused by Contractor's failure to comply with the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement, or any other relevant water quality law, regulation, or policy.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "E" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Million, Three Hundred Eighty-Five Thousand and Four DOLLARS ($1,385,004.00) without written approval of City's City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemiz-ed invoicewhictrindicates work cornpletecfana nours-orservices renderea oyContractor.

The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed 55452.01100\31090125.56 of 26 6 of 11
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3.5.3 shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

City:

Cannon Pacific Services, Inc.
dba Pacific Sweeping
285 Pawnee Street, Sulte A
San Marcos, CA 92078
ATTN: Lee Miller, Regional Vice President
City of San Clemente
91 0 Calle Negocio
San Clemente, CA 92673
ATTN: Randy Little, Maintenance Manager
Such notice shall be deemed made when personally delivered or when malled, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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

3.5.5 Attorney's Fees. lf either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

3. 5.6 State License Board Notice. Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826.

3.5.7 Indemnification. To the fullest extent allowable by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorney's fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. ---- Contractor shall- pay anci satisfy--any -judgment, award -or deeree-that-may be rendered-againstCity or its officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall 55452.01100\31090125.58 of26 8 of 11
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3.5.8 not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

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

3. 5. 10 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

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

3.5.12 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

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

3.5.14 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the

3.5.15 prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.16 Construction: References: Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term • referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

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

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

3. 5.19 No Third Party Beneficiaries. There are no intended third party bEm~fici_aries of a,ny right or Ql:>lig_atiqn ~ssumed l:>y th~ Par:tiei~_. ________ _

3.5.20 Invalidity: Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
55452.01100\31090125.59 of 26 9 of 11
2132

3.5.22 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working

3.5.23 solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.24 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.25 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance

3.5.26 in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

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

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

3.6 Subcontracting.

3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
554.52,01100\31090125.510 of 26 10 of 11
2233
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

ATTEST:

ITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
iE~
City Attoffley

APPROVED AS TO AVAILABILITY
OF
~
FUNDING: ~
Finance Authorization
55452.01100\31090125.51 1 of 26
Its: ~~
Dated: &;7 --W I 2021
Dated: o<,JZ.t /7,,01.,\
' I
I 2021
11 of 11
55452.01100\31090125.5
EXHIBIT “A”

SCOPE OF MAINTENANCE SERVICES
(Included in the Specifications
on the following pages)
2334
55452.01100\31090125.5
EXHIBIT “B”

SCHEDULE OF MAINTENANCE SERVICES
(Included in the contractor's proposal on the following pages and the Route Maps and Listings under Exhibit “G”)
2435
55452.01100\31090125.5 Exhibit “C”
EXHIBIT “C”

INSURANCE REQUIREMENTS

1.1 Insurance.

1.1.1 Time for Compliance. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.

1.1.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Contractor, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and not less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. [***NOTE:

If Contractor does not own any company vehicles or may not be able to purchase a Business Automobile Insurance Policy, the requirement may be satisfied by providing either of the following: (1) a Personal Automobile Liability policy for the Contractor’s own vehicle stipulating “Automobile Liability Insurance with a limit of not less than $1,000,000 each accident”; and (2) a non-owned auto endorsement to the Commercial General Liability policy if Contractor uses vehicles of others (e.g., vehicles of employees.
(C) Workers’ Compensation: Workers’ Compensation
Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Contractors Pollution Liability: Contractors Pollution Liability Insurance covering all of the contractor’s operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of $2,000,000 per loss and $4,000,000 total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another. 2536
55452.01100\31090125.5 Exhibit “C”

1.1.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability [INSERT “and Contractor’s Pollution Liability”; OTHERWISE, ALWAYS DELETE]:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.

Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers’ Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

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

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

1.1.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
2637
55452.01100\31090125.5 Exhibit “C”

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

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

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

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

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

1.1.12 Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor’s policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents and volunteers as Additional Insureds to the subcontractor’s policies. All policies of Commercial General Liability insurance provided by Contractor’s subcontractors performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Contractor shall not allow any subcontractor to commence work until it has received satisfactory evidence of subcontractor’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City. 2738
55452.01100\31090125.5
EXHIBIT “D”

PERFORMANCE AND PAYMENT BONDS
(Included on the following pages)
2839
2940
•· r (
EXHIBIT "D"

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

Issued in Duplicate
Bond No.: USD0109725SU21A
THAT WHEREAS, the City of San Clemente (hereinafter referred to as "City") has awarded to Cannon Pacific Services, Inc. dba Pacific Sweeping , (hereinafter referred to as the "Contractor"} an agreement for Street Sweeping Services (hereinafter referred to as the "Project").

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated July 11 2021 , (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, Cannon Pacific Services, Inc. dba Pacific Sweeping the undersigned Contractor and XL Specialty Insurance Company as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of One Million Three Hundred Eighty-Five Thousand Four DOLLARS and Zero CENTS ($ 1,385,004.00 ), said sum
being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and_assigns, jointly and severally, firmly by these presents.

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

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the guarantee obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship the above obligation in penal sum thereof shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract Documents, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. 55452.01100\31090125.5 19
3041
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be Hable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract Documents and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents; or (3) Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract Documents and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

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

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

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project and the provisions of Section 2819 and 2845 of the California Civil Code. Without limiting the foregoing, such changes, extensions of time and alterations or additions shall include, but are not limited to, changes or alterations to the Contract Documents (including, without limitation, an increase in the total dollar amount of the Contract Documents), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor. 55452.01100\31090125.5 20
3142
( (
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 18th day of June , 20 21 .

CONTRACTOR/PRINCIPAL
(Corporate Seal of Contractor/
Princip~I, if a Corporation) ' • ,-,
SURETY
(Seai of Surety)
Cannon Pacific Services, lnc. dba Pacific Sweeping
Name of Contractor/Principal (Type or Print)
By:

Name ~ (Signature)
Lu O\~V
Name (Type or Print)
~~ Vlu £r~J1U le( pe or Print)
XL Specialty Insurance Company
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached,
The rate of premium on this bond is ____.$'-"6_;_:.5.....;.0 ___ per thousand. The total amount of premium charges, $ . 9,003.00
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for service
of process in California)
55452.01100\31090125.5
XL Specialty Insurance Company
505 Eagleview Blvd.

Exton PA 19341
HUB International Midwest Limited
1411 opus Place] Suite 450
Downers Grove IL 60515
(610) 968-2600
(53D) 468-560D
21 3243
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CA~R~A
COUNTYOF @r\Vi41'2
On c;}LJ.,N J.I , 2~, before me, ---'£n~~•&,_~~6,..h___,="--'l-O~cl.""--____ , Notary Public, personally appeared btt 01 J j/ {r , who proved to me on the basis of satisfactory evidence to be the person(tj whose name(&? is/ate- subscribed to the within instrument and acknowledged to me that hefsttefthey executed the same in his/hef#Aeir authorized capacity(+es-}, and that by his/t,er/U:ieir signature(,) on the instrument the person(~). or the entity upon behalf of which the person(91) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and clfoll~~._....,..,..,..,,..._.11,,,.e...,_, ERICA LEIGH &A!COCK
-;. Notary Public• ullfornla
~ San Diego County !
Commission II 2307706
WITNESS my hand and official seal.

My Comm, E~plres Oct '4, 2023
Signature of Notary Public

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

CAPACITY CLAIMED BY SIGNER
□ Individual
o Corporate Officer
□ Partner(s)
□ Attorney-In-Fact
□ Trustee(s)
o Guardian/Conservator
D Other:

Signer is representing:

Tltle(s)
D
□
Name Of Person(s) Or Entlty(les)
Limited
General

DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.

ENO OF PERFORMANCE BONO FORM
55452.01100\31090125.5 22
3344
( (
Notary Acknowledgment
A notary P.Ublic or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, ana not the truthfulness, accuracy, or validity of that document.

STATE OF ILLINOIS

COUNTY OF PUPAGE
On ------=J..:::.un:...:.:e::;........:..;1 B=t-'-'-h __ __., 20:.1,1, before me, __ .........:...A=le=x=a=nd=r=a:..;;S=a::.:..rt=o.:..:ri _____ , Notary Public, personally appeared _ _.J .... a .... m..,e...,s ... l.._M ...... o""'"or .... e,__ __________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
1 OFFICIALSEAL I WITNESS my hand and official seal.
: NOTARY ALEXANDRASARTORI PUBLIC, STATE OF ILLINOIS I 1 ~ 3a Q 1,1...,.,;M~!~c.om:,:.:.:m,.ls~~;;lon,.E;;;ixp~lr,;;;;es.,J.uly.,.s., 2;;..0,..24~,.• '.· '111 , ){ Signature of Notary Public .,, ~

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT o Individual
o Corporate Officer
□ Partner(s)
□ Attorney-In-Fact
□ Trustee(s)
□ Guardian/Conservator
D Other:

Signer is representing:

Tltle(s)
□
□
Name Of Person(s) Or Entity(ies)
Limited
General
Trtle or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.

END OF PERFORMANCE BOND FORM
55452.01100\31090125,5 22
3445
Power of Attorney
XL Specialty Insurance Company
XL Reinsurance America Inc.

BOND NUMBER US00109725SC"21A

LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That XL Speclalty Insurance company, a Delaware Insurance companies with offices located at sos Eaglevlew Blvd., Exton, PA 19341, and XL Reinsurance America Inc., a New York Insurance company with ofl'ices located at 70 Seavlew Avenue, Stamford, CT ,06902, , do hereby nominate, constitute, and appoint: • • • • • • • James I. Moore { ~ r
·:;;_- __
~· j ~ ;
each its true and ·1awfu!',Attorney(s)-ln~fact to make, execute, attest, seal and deliver for and on Its behalf, as ~UJ~ty;· ~~-d ias Jt's :act and deed, where, required, any and all bol)dS and undertakings In the nature thereof, , ror the penal sum of no one ~r iWhlch is'tn. ~~* event to exceed $100,000,000,00, ·:: : ,· • 1 \ ' • t . (~ ,. .I : ·:~ 'f, - . • Such bonds and undertakings, when duly executed by the aroresald Attorney (s) - In - Fact shall be binding upon eac.h .:sa1f;!','.C'ompany as fuUy and to the same extent as If such bonds and undertakings were signed by the President and Secretary or the COn\Jf8nY. and sealed wi-th·lts corp·otate seal.-· ·' • ,-,•-:·. ..: ' , , .. , :· .. ,· . .·, ,·.·._:• ·.. :-:- :;_•· .. ·' ,-. •; .... ,-:,,, ·-. ,,. ' :_·, : _< • ·•.' ·r• '":-:.:·,-_.

The Power of Attorney Is granted and Is signed by facslmlle under and by the authority of the followtng Resolutions adopted by the Board of Directors or each of the companies on the 26th day of July 2017.

RESOLVED, that Gary;:Kaplani Daniel Riordan, Marla Duhart, Gregory Boal and Kevin Mirsch are hereby appointed by the Eio~·rd as/authorized to make;·execute, seal and deHver for and. on behalf of the company, any and all bonds, undertakings, contracts or'.Qbiloaffo~s_.ii;-'_:$Urety or co-surety with Qthers, and that the Secretary or an.r Assistant Secretary of the Company be and that each of them·:·h~l'eby Is autiiorlzed to attest the execution' 01' anv· sucli bon'd~;-'U~dertaklngs, contracts or obllgatlons In surety or r;:o-surety and attach thereto the corpor~h;: seal of the company,
RESOLVED, FURTHER, that Ga~ iapi~/ Daniel Riordan, Marla Duhart, Gregory Bo.ii and Kevin Mirsch each Is hereby authorizet(t_o eicei:ute powers of attorney qualifying the attorney named fn the given power of attorney to execute, on behalf of the Company, bonds and undertakings In surety or CO·!iU.rety with otJlers, a~d Jhat the Secretary or any As_slstant Secretary of the company be, and. that each of them ls hereby authorized to attest the execution '<if any·!iuch power of attorney, and to a'ttach thereto the corporate seal of the Company. • RESOLVED, FURTHER,.t'ilat ih'/~Jg~~t'J/;··of such officers named In the pre<;eding resolutions and the corporate seal or the company may be amxed to such powers of attorney or to any certificate relating thereto by facslmlle, and any such power of attorney pr c~itl(ic~i-e'·~arhi-'9 such facsimile signatures or facslmlle seal shall be thereafter valid and binding upon the Company with respect to any bond, u~'deftilking: ~ontfact or .obHgatlonln surew.orr~Q~s.u.retv w.ith·.ot~e.r.s .to w.hl~h It Is attai:iJed:,·· ; .:,; ". • ·, .. · ,, __ ,==..-:. , '· .• -,,·. • ... , .. ·;, • ·, ., iIN Wll'Ni:Ss WHEREOF; the XL'-SPECIALTY INSURANCE COMP'>.NV Ha~ cau'se!hts coiporate'seai to h.1{h~ret1rito·'arfil(~;· .. ai,d •tiiese pte~ents to ' bE!'slgned 6y Its' dtify ·autlioi'Ji:ed officers thls°AprU 13t~;·,io'ie. '·; u· '., ._,.. · · ·;,, • ·• ·: := i '-' • .; ·,.. •., ·,. •• '' . • :,;:i: • !..::,; 1 ,::,;- STATE OF PENNSYl.VANIA
9?Y~Clf.·O:!~R. ::
_.·.;-,·: ,.

Attest: • ·-'.'!::··

XL SPECIALTY INSURANCE COMPANY
•-;··::,·4,e~-- • , ··: Gregory Boal, VICE~ ' ·•
Kevin M. Mlrsc;h, ASSISTI\Nr SECRETARY'-
On this 13th day .. of April, ~018, ber.or~. me personally .c,me ~r!lgor;y Boar .to .ml! .know,n, .who, bei11g._d!JIY sworn, di!! ,d(lposJ! and say: thane :Is vide President of XL SPECi'AL TY INSURANCE. COMPANY, des'crlbed In 'and· which eiceciited th'e above lnstrume!'lt; that he knows the seals of said Companies; that the seals affixed to the aforesaid Instrument is such corporate seals and were affixed • thereto by _order and authority of the Boards of Directors of said Companies; and that he executed the said Instrument by like order,
S6O042

COMMON NSYLVANIA
s
Rebecca C. S,halhoub, Notary Public
Uwchlan Twp., Chester County
M Commllslon Ex ires ril 21, 2020
. ' . ' Rebea:a C. Sha~b, NOTAAY PUBLIC •
3546
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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
I
Issued in Duplicate
Bond No.: US00109725SU21A
WHEREAS, the City of San Clemente (hereinafter designated as the "City"), by action taken or a resolution passed _____ , 20 __ has awarded to Cannon Pacific Services, Inc. dba Pacific sweeping hereinafter designated as the "Principal," a contract for the work described as follows:

Street Sweeping Services (the "Project"); and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated July 1, 2021 , (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said Contract Documents; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor, the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and XI Specialty Insurance Campany as Surety, are held and firmly bound unto the City in the penal sum of ___ -=------ One Million Three Hundred Eighty-Five Thousand Four DOLLARS and Zero ------- CENTS($ 1,385,004.00 ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract Documents, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses.

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

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract (including the Contract Documents), plans, 55452.01100\31090125.5 23
3647
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specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the Contract Documents, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or-agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.

Notwithstanding any other provision of this bond, it is expressly understood, acknowledged and agreed that it shall provide all of the protections required by California Civil Code Sections 9550 through 9566, including the specific coverage protections required by Section 9554.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 18th day ·of June 20 21 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

CONTRACTOR/PRINCIPAL
(Corporate Seal of Contractor/
Principal, if a Corporation)
SURETY
(Seal of Surety)
65452.01100\31090125.5
Cannon Pacific Services, Inc. dba Pacific Sweeping
Name of Contractor/Principal {Type or Print)
By:

Name
~ (Signature)
Lu a1i1W:

Name (Type· or Print)
{L~uru.,J thu h,<Llu.i: Title (Ti pe or Printf
Na • ·nt)
By:~:.4.:.A....A.,_j~4,.~~====---
24 3748
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, ana not the truthfulness, accuracy, or validity of that document.

STATE OF ILLINOIS

COUNTY OF DUPAGE
On _--"-'Ju=-n"""'e_1'-"8=th-'----~' 2021_, before me, ___ A-le=x=an=d=r=a-'S~a~rt~or~i ____ _., Notary Public, personally appeared James I. Moore , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s} is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

I
i
I
•

OFFICIAL SEAL

ALEXANDRA SARTORI

NOTARY PUBLIC, STATE OF ILLINOIS
My Commission Expires July 5, 2024
Signature of Notary Public

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

CAPACITY CLAIMED BY SIGNER
□ Individual
o Corporate Officer
□ Partner(s)
o Attorney-In-Fact
o Trustee(s)
□ Guardian/Conservator
□ Other:

Signer is representing:

Tltle(s)
□
□
Name Of Person(s) Or Entity(ies)
Limited
General

DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) other Than Named Above
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.

ENDOFPAYMENTBONDFORM
55452,01100\31090125,5 25
3849
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Power of Attorney
XL Specialty Insurance company
XL Reinsurance America Inc.

BOND NUMBER US0010972SSU21A
LIMITED POWER OF ATTORNE:Y
KNOW ALL MEN BY THESE PRESENTS: That XL Speclalty Insurance Company, a Delaware Insurance corilpariles Yiltl\ Offices located at 50:S Eaglevlew Blvd,, Exton, PA 19341, and XL Relnsur,mce America Inc., a New York Insurance company with offices located at 70 Seavlew Avenue, Stamford, CT 06902, , do hereby nominate, constitute, and appoint: • • • ·- • • • •• • James I. Moore .{-
• •. ' F ' .: •. - • each Its true and rawful Attorney(s)-ln-fact to make, execute, attest, seal and deliver for and on Its behalf, as ~urety; ,and ~$ It~- act and deed, where reg1.11red, any and an bonds and undertakings In the nature thereof, , for the penal sum of no one Qf1Whlch Is {n' ahy, e~ent to exceed $100,000,000.00, ' :} ! ; ' f ,' .. ;··J.(__ }-.:~:r· __ ;·, Such bonds and undertakings, when duly executed by the aforesaid Attorney (s) - In - Fact shall be binding upon ·e~:c!l satlj..Cornpany as fully and to the same extent as If such bonds and undertakings were slgne~ by the President and Secretary or th~ Conip'any and sealed with Its corporate-seal. _;-•-- •• , .-·,:'; ·-· • • ·.,._i-:· ·,-·-·-·; • . .,.-: :' . ~ }:1.

The Powe: of Attorney Is granted and is Signed by facsimile under and by the authority of the following ResoluHons adopted by the Board of Directors or each of the Companies on the 26th day of July 2017.

RESOLVED, that Gary Kaplan, ,Daniel ·Rlordal'l,,Marla Duhart, Gregory Boal and Kevin Mirsch are hereby appointed by th,f,Boar~•;i.s,;iuthorlzed to mak~, execute, sea!. and deliver for and on behalf or the Companv, any and all bonds, undertakings, contracts or'·;~°l>lig~tlon~':)'{'surety or co-suretv wltli Qthers ·and_ that the Secretary or a_ny Assistant Secretary of the Company be and that each of them ·hereby is authorized to attest the execution or'any· sucli bonds, undei"taldngi., contracts or obllgatlons In surety or co-surety and attach the·reto· the corpora.te: seal of the Companv, ' - -- -.

RESOLVED, FURTi-i°ER, that Gary Kaplan; Danlel Riordan, Marla Duhart, Gregory Boal and Kevin Mirsch each Is hereby authortz:ect":to e~kute powers of attorney qualifying the attorney named In the given power of attorney to execute, on behalf of the Company, bonds and underta"icings In surety or co-surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them Is hereby authorized to attest the ·execution of any such power of attorney, and to a"ttach thereto the corporate seal of the Company.

RESOLVED, FURTHER, that the ·sigriatu0
re of such orflcers named In the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facslmlle, and any such power of attorney -or ceitlflc,a~e 'be.~dng such facslmlle sl gnatures or facsimile seal shall be therea~er valid and binding upon the Company with respect to any bond, un!lert:aki1111; t<>htfact or obllgat!on In s.11.re~v .or co7surety wllh,o,thers to ·)Nhlch It !s ,atteched, ' -· . • -· ,, - • - •. - IN WITNESS WHEREOF," the XL Sl'ECIAlTY lNSUAANCE·COMPANY has caused Its corporate seal'to 'be hereunto affixed~ and these pr'e~ents to be sighed by-Its dul{aultiorlzed offtcei's this A1frll 13-th, 20l8. -· • --- · · -- ., · - · ·, -• ,,, - ' '-.-;· ' - '" - _, _: __ :, STATE OF PENNSV!.VANIA
COUNTY 9.1' OiESTER
by:
_Attest:

X1 SPECIAL TY INSURANCE COMPANY
-/$-;~·•, C? . ,• . -- .
• --• - GregOI'\' eoai VICE P~~ENt :
·- 'Kevin M. Mirsch, ASslSTANr SECRETARY • -
On this 0th; dav or April, 2018, before me personally came Gregorv Boal to me known, who, b,elng duly sworn, did depo_se end say: that iie Is Vice President of XL SPECIALTY INSURANCE COMPANY, d~scribed In and which executed the above Instrument; that he knows the seals of said Companies; that the seals affixed to the aforesaid Instrument Is such corporate seals and we're affixed thereto by. order and authority of the Boards of Directors of said Companies; and that he executed the said Instrument by llke order. •
$BO042
COMMONl.'VEALTH OF PE NSvtVANtA
NOTARIA1. SEAL
Rebecca C. S_hllhoub, No\lly Public.

Uwchlan Twp., Chester County My ~mission Expires April 2$, 2020 _ _ BER, P NH YLVANIA N Rebecca- C.~,NOTARY PU81.IC
_._.·.
3950
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N':)tary A~knowledgment
A notary public or other officer completing this certificate verifies only the. iden~lty of ,the in9iv1dual who signed the document to which this certificate 1s attached, ana not the truthfulness, accuracy, or validity of that document.

STATE OF CALlfORNIA
COUNTY OF ~ Oi~
On rltYv JI , 20~, before me, ----L~41 ....... '~CL~/!xuJ ______ t-0"-"'-""d-'-"-------• Notary Public, personally appeared )..(.I (Y/iJl,tr , who proved to me on the basis of satisfactory evidence to be the person(s'} whose name(;') is/aRs subscribed to the within instrument and acknowledged to me that ho/SRelthey executed the same in hiS>Aerltl 1eir authorized capacity(~. and that by his/her/their signature(!) on the instrument the person'6), or the entity upon behalf of which the person£8) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. _ "' ••~•!ll·o ... e..-01111110 .. • .. • .. •.. •i.,,.• .... •1 ' , ",...: ERltA LEIGH BABCOCK ~ -- • i Notary Public• C.llfMn1a z f ~ • Sir, llifotO County J ~ . -· • • Commtnlon I 2307706 - , • My Comm, Eiplrts Oct -1, 2023 WITNESS my hand and official seal.

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT □ Individual
□ Corporate Officer
□ Partner(s)
□ Attorney-In-Fact
□ Trustee(s}
□ Guardian/Conservator
D Other:

Signer is representing:

Tltle(s)
D
D
Name Of Person(s) Or Entity(ies)
Limited
General
Title or Type of Document
Number of Pages
Date of Document
Slgner(s) Other Than Named Above
NOTE: A copy of the PowerRofRAttomey to local representatives of the bonding company must be attached hereto.

END OF PERFORMANCE BOND FORM
55452.01100\31090125,5 22
4051
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EXHIBIT "E"

COMPENSATION
Street sweeping services are NOT subject to prevailing wage requirements.

Contractor shall receive compensation as specified in Sectlon 3.3.1 of this Agreement based on the contractor's proposal, Cost Proposal Form, included under Exhibit "B" Schedule of Maintenance Services.

Contractor shall provide a Performance Bond and Payment Bond pursuant to Sections 3.2.12.1 and 3.2.12.2 of this Agreement, executed by a surety meet[ ng the qualifications described in Section 3.2.12.4.
55452.01100\31090125.5 Exhibit "E"
4152
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EXHIBIT Hf"
WORKER1S COMPENSATION INSURANCE CERTIFICATION

WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKED)
C.

C
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.

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

Carrier '1t><~±NJ.. b'tc--J:,wuAC4.(a. Co~
Policy Number 'l>3 W}J ,$.~:):l0:3,
I certify that, in the performance of the work under this Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agrE;le to indemnify, defend, and hold harmless the City of San Clemente and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arising out of my failure to provide such worker's compensation insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.

WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND

SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENAL TIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES. 55452.01100\31090125.5 Exhibit "F"
4253
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Dated: 0~/2,, \ , 2021
leh\y\c)\ Pa.eI-bl Sc,ti1tc1,,1 l"C. a~ .P~.fic, ~ f-'i'IY..0.

Consultant ...J
~cwv,aertj~
Title
2~t5 :fAMlM-t St., ~.\t }c, ~~tJ\,cJCA>~ c.-A q~ Address 55452,01100131090125.5 Exhibit "F"
4354
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EXHIBIT UG"

ROUTE MAPS AND LISTINGS
(the following pages)
Exhibit "G"
4455
Street Sweeping 2021/2022
• Dark Friday Language
• Regular Early morning Language
• Sweeping Routes Language
• Early Morning Route Maps
• Dark Friday Map
• Regular Route Maps
• NPP Route Maps
Additional Notes
4556
Dark Friday
Del Cerro, Calle - Sweep both sides curb, gutters and medians twice a month. Ave - Pico to Ave. La Pata.

La Pata, Ave extencion - Sweep both sides curb, gutters and medians twice a month - Camino Def Rio to City Limit.

Costa Azul, Ave. -Sweep both sides curb, gutters and medians twice a month -Vista Hermosa, West Ave. to Roundabout.

Artemesia, Via - Sweep both sides curb, gutters and medians twice a month - Roundabout to Cul-De-Sac.

Entranada Del Sol - Sweep both sides curb, gutters and medians twice a month - Roundabout to Cul-De-Sac. 4657

EARLY MORNING
4 a.m. to 7 a.m. DAILY (every week)
Except 4 a.m. to 9 a.m. each Working Friday
MONDAY -Need to confirm 44 Miles
Route 1

1. Pico, Avenida from El Camino Real to County Line

2. De Los Molinos, Calle from El Camino Real to Avenlda Navarro

3. Los Obreros Lane from Calle Valle to Calle de Los Molinos

4. Valle, Calle from El Camino Real to Camino de Los Mollnos

5. De Industrias, Calle from Avenida Pico to Calle de Los Molinos

6. Pico Plaza, Via from Avenida Pico to Terminus

7. Navarro, Avenida from Pico to Los Molinas West Side Mondays

8. La Pata, Avenida from Avenida Pico to Terminus at Calle Extrema

9. Iglesia, Calle from Camino Vera Cruz to Avenida La Pata

10. Pintoresco, Calle from Iglesia to Iglesia

11. Vista Hermosa, Pico to .1-5 West of 1-5 both sides

12. CASA parking lot- 535 Avenida Fabricante 1st Monday each month

13. El Camino Real from Camino Capistrano to San Diego County line

14. Capistrano, Camino from El Camino Real to Del Gado Road

15. Boca De La Playa from Terminus to Avenida Pico

16. Del Mar, Avenida from El Camino Real to Avenida Victoria

17. Victoria, Avenida from Avenida Del Mar to Cazador Lane

18. Magdalena, Avenida from El Camino Real to Golf Course Club House

19. Lago, Calle from El Camino Real to Terminus

20. El Camino Real Protected Bike Lane (Need Response if Sweeper Can Sweep Area) 4758
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TUESDAY -Need to confirm 49 Miles
Route 2

1. Pico, Avenida from Boca De La Playa to Avenida Presidio

2. Amanecer, Calle from Avenida Pico to Avenida la Pata

3. La Pata, Pico to Saluda

4. Cordillera, Calle from Calle Amanecer to Terminus

5. Sombra, Calle from Calle Amanecer to Terminus Northbound

6. Recodo, Calle from Calle Amanecer to Terminus

7. Negocio, Calle from Calle Amanecer to Terminus

8. Trepadora, Calle from Calle Amanecer to Calle Negocio

9. Callejon, Via from Avenida La Pata to Terminus

10. Pico, Avenida from Avenlda Vista Hermosa to County Line

11. Vista Hermosa, Avenida from and including Bridge over 1-5 N/E to Puerta Del Sol

12. Presidio, Avenlda from Avenida Pico to first right bend in road.

13. Del Sol, Puerta from Calle Alicante to Avenida Vista Hermosa

14. Alicante, Calle from Avenida Pico to Puerta Del Sol (incl. residential)

15. Batido, Calle (Bus. Park

16. Avanzado, Calle (Bus. Park)

17. Celosia, Camino (Bus Park)

18. Portofino, Calle from Botanico to Talega

19. Talega, Avenida from Campanaro N to Talega Bridge

20. Navarro, Avenida from Pico to Los Molinas East Side Tuesdays

21. Vera Cruz, Camino from Avenida Pico to Carretera

22. El Camino Real from Camino Capistrano to Avenlda Valencia

23. Capistrano, Camino from El Camino Real to Del Gado Road

24. Mira Costa, Camino from Camino Capistrano to Camino de Estrella

25. De Estrella, Camino from Calle Hermosa to Camino De Los Mares

26. De Los Mares, Camino from Camino De Estrella to Terminus

27. Agua, Calle from Los Mares to TriMCity reservoir
4859
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28. El Camino Real, West side streets posted "No Parking" from Camino Real to alley West side Avenida Florencia to Avenida Algodon

29. Del Mar, Avenida from El Camino Real to Avenida Victoria

30. Victoria, Avenida from Del Mar to Cazador Lane

31. 100 Block Avenida Cabrillo from the alley to Ola Vista - Both Sides

32. 100 Block Avenida Granada from the alley to Ola Vista - Both Sides WEDNESDAY -Need to confirm 21 Miles
Route 3
MEDIANS:

1. Pico, Avenida from El Camino Real to City limits ... Added ECR to VH

2. La Pata, Avenida from Del Rio to Calle Extrema

3. Richard Steed Parking Lot. City Lot

4. La Pedriza, Camino from Avenida Vista Hermosa to Avenida Pico

5. Talaga, Avenida to from Avenida Vista Hermosa to Camino Tierra Grande

6. Vera Cruz, Camino from Avenida Pico to Costero Risco

7. Vista Hermosa, Avenida from West Avenida Pico to East Avenida Pico

8. Pico Plaza, Via from Avenida Pico to Terminus (Painted Medians)

10. De Estrella, Camino from Calle Hermosa to Camino De Los Mares

11. De Los Mares, Camino from Camino De Estrella to Terminus 4960

WEDNESDAY
Route 3
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CITY PARKING LOTS Miles?: • Weekly

1. Avenlda Cabrillo Lots

2. Aven1da Granada Lot
WEDNESDAY - Need to confirm 25 Miles
Route 3
CITY PARKING LOTS: • Bi-Weekly

1. Corporate Yard

2. Boys & Girls Club Parking Lot

3. North Beach Parking Lots (Estacion & Beach Club Lots}

4. Avenida Linda Lane Parking Lot

5. Jim Johnson Park

6. Library Parking Lot

7. Pier Bowl Parking Lots

8. T-Street Metered Street Parking Area 0/11. Cristobal, Paseo from cul-de-sac to end of parking metered area, both sides)

9. Golf Course Lot

10. Callfia, Ave. Metered Street

11. City Hall Parking Lot 910 Calle Negocio

12. San Gorgonio, Via Parking Lot

13. Magdalena, Avenida from El Camino Real to Golf Course Club House

14. Pico Park

15. Max Berg Park and in front of Las Palmas School

16. Forster Park
5061
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EARLY MORNING SWEEPER 1 " Continued
THURSDAY- Need to confirm 46 Miles
Route 4

1. Pico, Avenida from El Camino Real to Avenida Presidio

2. Los Obreros Lane from Calle Valle to Calle de Los Molinas

3. Valle, Calle from El Camino Real to Camino de Los Molinos

4. De Industrias, Calle from Avenida Pico to Calle de Los Molinas

5. De Los Molinas, Calle from El Camino Real to Avenida Navarro

6. La Pata, Avenida from Avenida Pico to Terminus South

7. Saluda, Calle from Avenlda La Pata to Avenida Talega - both sides

8. Pico Plaza, Via from Avenida Pico to Terminus

9. Socorro, Via from Camino San Clemente to Via Ballena 1 O. Batido, Calle (Bus. Park)

11. Del Sol, Puerta (Bus. Park)

12. Avanzado, Calle (Bus. Park)

13. Celosia, Camino (Bus Park)

14. Altea, Calle

15. Portofino, Calle from Botanico to Talega

16. Talaga, Avenida from Campanaro N to Talaga Bridge

17. El Camino Real from Camino Capistrano to Valencia

18. Boca De La Playa from El Camino Real to Terminus

19. El Camino Real, East side streets, El Camino Real to Alley {posted No Parking 4 to 6 AM), from Marquita to El Portal

20. Del Mar, Avenida from El Camino Real to Avenida Victoria

21. Victoria, Avenida from Avenida Del Mar to Cazador Lane

22. Magdalena, Avenida from El Camino Real to Golf Course Club House

23. Lago Calle from El Camino Real to Terminus

24. De La Paz, Avenida from El Orienta to Avenida Caballeros

25. El Orienta from Avenida La Cuesta to Avenida Caballeros

26. Caballeros, Ave. from Ave. El Orienta to Ave, De La Paz 5162
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27. De Estrella, Ave. from Ave. Palizada to Ave. Presidio

28. Cabrillo, Ave. from El Camino Real to Ave. De La Estrella

29. Palizada, Ave. from El Camino Real to Ave. Caballeros FRIDAY-Need to confirm 77 miles
Route 5

1. Pico, Avenida from El Camino Real to Avenida Presidio

2. Amanecer, Calle from Avenida Pico to Avenida La Pata

3. La Pata, Ave.Pico to Del Rio

4. Cordillera, Calle from Calle Amanecer to Terminus

5. Sombra, Calle from Calle Amanecer to Terminus

6. Recodo, Calle from Calle Amanecer Tenninus

7. Negocio, Calle from Calle Amanecer to Terminus

8. Callejon, Via from Avenida La Pata to Terminus

9. Trepadora, Calle from Calle Amanecer to Calle Negocio

10. Pico, Avenida from Vista Hermosa to County line

11. Vista Hermosa, Avenida from 1-5 to Puerta Del Sol

12. Alicante, Calle from Avenida Pico to Puerta Del Sol

13. Vera Cruz, Camino from Avenida Pico to Carretera
(

14. El Camino Real from Camino Capistrano to San Diego County Line

15. Capistrano, Camino from PCH to Del Gado Road

16. Mira Costa, Camino, from Camino Capistrano to Camino De Estrella

17. De Estrella, Camino from.Vista-Del-Mar to Camino De Los Mares

18. De Los Mares, Camino from Camino de Estrella to Terminus (including all medians)

19. Del Mar, Avenida from El Camino Real to Avenida Victoria

20. Victoria, Avenida from Avenida Del Mar to Cazador Lane

21. Agua, Calle from Camino de Los Mares to Terminus

22. North Beach Parking Lots

23. Pier Bowl Parking Lots
5263
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Early A.M. No Parking Locations Needing Enforcement Periodically Section 23. No Parking Areas

23.d-Ba De Industrias, Calle, west side from the driveway at the Pico Pavilion (415 Avenida Pico) for a distance of 30 feet in the northerly direction.

23.d-Bb De Industrias, Calle, east side between the driveway at 140 Calle de Industrias and 160 Calle de Industrias.

23.d-8c De Industrias, Calle, west side from the driveway at the Pico Pavilion ( 415 A venida Pico) to the curb return at Avenida Pico.

23.d-66 De Los Molinos, Calle, west side, from its intersection with Avenida Pico in a northerly direction for a distance of 70 feet.

23.d-67 De Los Molinas, Calle, west side from the point of curb return south of A venida Pico in a southerly direction for a distance of 60 feet.

23.d-67a De Los Molinas, Calle, east side from a point 193 feet south of the southerly driveway of the Pico Pavilion (415 Avenida Pico) to the curb return at Avenida Pico.

23.d-67b.De Los Molinos, Calle, east side from the southerly driveway of the Pico Pavilion (415 Avenida Pico) for a
distance of 25 feet in the southerly direction.

23.n-1

23.n-2

23.n-3

23.n-4

23.n-5

23.n-6

23.n-7
Navarro, A venida, east side, between the two driveways on A venida Navarro in front of 529 Avenida Pico (Denny's
Restaurant).

Navarro, A venida, northeasterly side, from its intersection with a portion of Lot 2, Block N, southwesterly 63 feet to end of curve of the curb return.

Navarro, Avenida, north side, 85 feet from curb return.

Navarro, Avenida, west side, between the two driveways at the 139 and 141 address.

Navarro, Avenida, west side, from a point 44 feet northeast of the driveway at the 161 address in a northeasterly
direction a distance of 52 feet.

Navarro, Avenida, west side, from Pico north 313 feet.

Navarro, Avenida, west side, from the point of curb return at Avenida Pico in a northerly direction a distance of 90 feet. 5364
( (
Section 28. Restricted parking areas.

28.c-2 Cabrlllo, Avenida. City 0wned parking lot between 102 and 122 Avenida Cabrillo,
a) Parking prohibited between the hours of 2:00 a.m. and 5:00 a.m. City parking permits are exempted.
b) No parking for street sweeping every Wednesday (except City Holidays) from 4:00 a.m. to 6:00 a.m. (no exemption).

28.c-3 Cabrillo, Avenida. City-owned parking lot between 121 and 145 Avenida Cabrillo,
a) Parking prc;>hibited between the hours of 2:00 a.m. and 5:00 a.m. City parking permits are exempted.
b) No parking for street sweeping every Thursday (except City Holidays) from 4:00 a.m. to 6:00 a.m. (no exemption).

28.g-1 Granada, Avenida, City-owned parking lot at the 102 and 104 Avenida Granada, parking
a) Parking prohibited between the hours of 2:00 a.m. and 5:00 a.m. City parking permits are exempted.
b) 3-hour parking restriction from 7:00 a.m. to 7:00 p.m. (no exemption).
c) No parking for street sweeping every Wednesday (except City Holidays) from 4:00 a.m. to 6:00 a.m. (no exemption).

28.g-2 Granada, Avenida1 City-owned parking lot between 111 Avenida Del Mar and 128 Avenida Granada address,
a) Parking prohibited between the hours of 2:00 a.m. and 5:00 a.m. City parking pennits are exempted.
b) No parking for street sweeping every Thursday (except City Holidays) from 4:00 a.m. to 6:00 a.m. (no exemption).

28.p-6 Parking shall be prohibited between the hours of 4:00 a.m. and 6:00 a.m. on the following streets on the following days:

Days Prohibition
Street Location is in Effect

1. Algodon, Avenida both sides, alley to El Camino Monday thru Friday Real

2. Aragon, Avenida both sides, alley to El Camino Monday thru Friday Real

3. Boca De La south side, alley to El Camino Monday thru Friday Playa Real

4. Cabrillo, Avenida both sides, alley to El Camino Monday thru Friday Real
5465
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5. Canada, East both sides, alley to El Camino Monday thru Friday Real

6. Canada, West both sides, alley to El Camino Monday thru Friday Real

7. Del La Grulla both sides, alley to El Camino Monday thru Friday Real

8. Del Ponlante both sides, alley to El Camino Monday thru Friday Real

9. El Portal, East both sides, alley to El Camino Monday thru Friday Real

10. El Portal, West both sides, alley to El Camino Monday thru Friday Real

11. Escalones, East both sides, alley to El Camino Monday thru Friday Real

12. Escalones, West north side, alley to El Camino Monday thru Friday Real

13. Florencia, both sides, alley to El Camino Monday thru Friday Avenida Real

14. Granada, both sides, alley to El Camino Monday thru Friday Avenida Real

15. Mariposa, East both sides, alley to El Camino Monday thru Friday Real

16. Marquita, East north side, alley to El Camino Monday thru Friday Real
17, Marquita, West north side, alley to El Camino Monday thru Friday Real

18. Mateo, Avenida both sides, alley to El Camino Monday thru Friday Real

19. Miramar both sides, alley to El Camino Monday thru Friday Real

20. Rosa, Avenida north side, alley to El Camino Monday thru Friday Real

21. Serra, Avenida both sides, alley to El Camino Monday thru Friday Real

28.d-8a De Los Molinos, Calle, both sides from Avenida Pico to Calle Valle (northwesterly intersection) parking shall be limited to 30 minutes between the hours of2:00 a.m. to 5:00 a.m.

28.d-9 De Los Molinos, Calle, east side from a point 25 feet south of the southerly driveway of the Pico Pavilion Plaza (415 Avenida Pico) for a distance of 168 feet in the southerly direction towards A venida Pico, parking shall be limited to thirty minutes between the hours of 2:00 a.m. to 5 :00 a.m.

28.d-10 De Industrias, Calle, west side from a point 30 feet north of the driveway of the Pico Pavilion Plaza ( 415 A venida Pico) for a distance of 345 feet in the northerly direction, parking 5566
(
shall be limited to thirty minutes between the hours of2:00 a.m. and 5 :00 a.m.

28.n-l Navarro, Avenida, from 174 Avenida Navarro to 425 Calle De Los Molinos, parking shall be prohibited between the hours of 4:00 a.m. and 7:00 a.m. on the southwest side of said street on Monday of each month.

28.n-2 Navarro, Avenida, from 174 Avenida Navarro to 426 Calle De Los Molinos, parking shall be prohibited between the hours of 4:00 a.m. and 7:00 a.m. on the northeast side of said street on Tuesday of each month.

28.n-3 Navarro, Avenida, northeast side, parking prohibition from 174 Avenida Navarro to 424 Calle De Los Molinos on
Fridays between the hours of 4:00 a.m. and 7:00 a.m.

28.n-4 Navarro, Avenida, southwest side, parking prohibition from 174 Avenida Navarro to 424 Calle De Los Molinos on
Thursdays between the hours of 4:00 a.m. and 7:00 a.m.
5667
Street Sweeping
Sweeper Route #1 (Every 1st and 3rd Monday}
Confirm Miles
Street Names
Del Juego, Calle
Delicada, Calle
Dorado, Calle
Empalme, Calle
Escuela, Calle
Familia, Calle
Felicidad, Calle
Fiesta, Calle
Mendoza, Calle
Miguel, Calle
Neblina, Calle
Pescador, Calle
Presidio, Avenida (Ave. Pico to El Camino Real)
Pueblo, Calle
Rica, Calle
Robles, Calle
Salida, Calle
Sandia, Ca lie
Villario, Calle
Posted Sweep (Every 1st and 3rd Monday) 9AM
Del Comercio, Calle ~ Eastside Northbound
5768
Street Sweeping
Sweeper Route #2 (Every 1st and 3rd Tuesday)
Confirm Miles
Street Names
Aguila, Calle
Altea, Calle
Columbo, Avenida
De Soto, Calle
Del Cerro, Ca lie
Dulcinea, Calle
La Pedriza, Camino
Malaguena, Calle
Monserrat, Calle
Nina, Calle
Pastadero, Calle
Talega, Avenida .... From Calle Saluda Northbound to Terminus Tierra Grande - From Avenida Talega to Via Garona
Vista Montana, Avenida
Posted Sweep (Every 1st and 3n1 Tuesday) 9AM
Del Comercio, Calle ~ Westside Southbound
5869
(
Street Sweeping
Sweeper Route #3 (Every 1st and 3rd Wednesday)
Confirm Miles
Street Names
Acantilado
Amable, Calle
Amapola, Calle
Amigo, Calle
Baranda, Calle
Bellota, Via
Brisa, Calle
Burro, Calle
Chueca, Calle
Chueca, Via
Corral, Calle
Cuadra, Calle
De Los Mares, Camino - Frontage Road
Descanso, Calle
Dulce, Calle
Embocadura, Calle
Esteban, Calle
Faro, Camino Del
Fierros, Calle
Frontera, Calle
Ganadero, Calle
Gaucho, Calle
Guadalajara, Calle
Hidalgo, Calle
Hidalgo, Via
Juarez, Calle
Juarez1 Via
Luego,Calle
Macho, Calle
Morado, Via
Nuevo,Calle
Paisano, Calle
Reata, Calle
Sopreso, Calle
Vallarta, Calle
Vera Cruz, Camino
Vista Hermosa, Avenida
5970
(
Street Sweeping
Sweeper Route #4 (Every pt and 3rd Thursday)
Confirm Miles
Street Names
Balboa, Calle
Ballena, Via
Bella Loma, Calle
Bonita, Calle
Caballeros, Avenida
Campo, Calle
Cascadita, Via
Cortez, Calle
Da Anza, Calle
De La Estrella, Avenida
De La Paz, Avenida
El Levante
El Oriente, East
El Oriente, West
La Cuesta, Avenida
La Placentia
Las Floras, Avenida
Patero De Oro, Avenida
Pizarro, Avenida
Presidio, Avenida - (Sonora to North la Esperanza)
Redondel1 Calle
Revuelta Court
San Andreas, Via
San Carlos, Avenida
San Clemente, Camino
Segura, Calle
Senda, Via
Sierra, Avenida
Socorro, Via
Sonora, Calle
Terraza Vista Bahia
Tinaja, Calle
Posted Sweep (Every 1st and 3rd Thursday) 9AM
Alleys off of Calle Campana and Calle Canasta Both Sides Every Time 6071
I
Street Sweeping
Sweeper Route #5 (Every
2nd and
4th Monday)
Confirm Miles
Street Names
Abril, Calle
Alegre, Via
Alondra, Camino
Andalucia, Calle
Arboleda, Via
Arco, Calle
Bandita, Via
Bienvenido, Calle
Borrego, Calle
Breve, Via
Casa Loma, Via
Cascadita, Via
Corbina, Via
Del Campo1 Via
DelGado
Grande Vista, Calle
Guaymas, Calle
Juno, Calle
La Ventana
La Veta, Calle
Lado, Via
Manzana, Via
Mayo, Calle
Monte Vista
Montecito, Via
Montego, Via
Montezuma, Via
Nada, Via
Quieto, Calle
Real, Calle
San Gorgonio, Via
San Jacinto, Via
Santo Tomas, Via
Vaquero, Calle
Verbena, Via
6172
Vicente, Calle
Vista Torito, Calle
Vistosa, Via
(
Posted Sweep (Every 2nd and 4th Monday) 9AM
Calle Campana - Northslde Westbound
Calle Canasta - Northside Westbound
(
6273
I -

•
(
Street Sweeping
Sweeper Route #6 (Every 2nd and 4th Tuesday)
Confirm Miles
Street Names
Afloramiento
Aldeano
Alforja
Altura
Arbolado
Arenillas
Arreos
Arroyo
Bello Panorama
Blanco, Via
Bonanza
Caballista Del Norte
Caballista Del Sur
Cadena
Caminante
Campo Raso
Carretera
Cerca
Cercado
Charco
Costa
Domador
Doncello, Calle
Eminencia Del Norte
Eminencia Del Sur
Ensenada
Estampida
Estancia
Estribo
Ganado
Heraldo
1-teraldo, Calle
Hierro
lnclinado
Jinete
6374
,-
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Llano Del Norte
Llano Del Sur
Montana
Novilla
Novilunio
Obrajero
Otero
Pandero
Penasco
Portico Del Norte
Portico Del Sur
Rebano
Riachuelo
Saramentoso
Sombreado
Torrenterra
Vacuno
Vera Cruz, Camino
Posted Sweep (Every 2nd and 4th Tuesday) 9AM
Calle Campana - Southside Eastbound
Calle Canasta -Southside Eastbound
(
6475
(
Street Sweeping
Sweeper Route #9 (Every 1st and 3rd Monday)
Confirm Miles
Street Names
Acapulco, Avenida
Ardilla Lane
Bahia, Calle
Buena Ventura, Avenida
Carmelo, Avenida
Cisco, Via
Colibri, Via
Costanso, Avenida
Cota, Avenida
Crespi, Avenida
Del Cerrito, Calle
Dolores, Avenida
Dominguez, Avenida
Ensueno, Avenida
Gomez, Calle
La Serna, Calle
Los 'Bautismos Lane
Lucia, Avenida
Magdalena, East Avenida
Mimosa, Via
Ortega, Avenida
Pala, Avenida
Promontorio, Via
San Diego, Avenida
San Dimas, Avenida
San Fernando, Avenida
San Gabriel, East Avenida
San Luis Rey, Avenida
San Pablo, Avenida
Santa Inez, Avenida
Santa Margarita, Avenida
Toluca, Via
Zapada, Via
Posted sweep (Everv 1st and 3rd Monday) 9AM
Del Comercio, Calle - Eastside Northbound
(
6576
(
Street Sweeping
Sweeper Route #10 (Every 1st and .3rd Tuesday)
Confirm Miles
Street Names
Alessandro, West Avenida
Calafia, Avenida
Capri, Calle
Cita, Calle
Cornelio, West Avenida
De La Riviera, Avenida
De La Serenata, Paseo
De Los Lobos Marinos, West Avenida
Del Pacifico, Calle
Del Presidente, Avenida
Junipero, West Avenida
La Costa, Avenida
Las Palmas, Calle
Lasuen, Calle
Lobiero, Avenida
Los Alamos, Calle
Madiera, Calle
Majorca, Calle
Monaco, Calle
Montalvo, Avenida
Monte Carlo,Calle
Monte Cristo, Calle
Ola Vista, South
Plaza De La Playa
Primavera, Calle
Ramona, West Avenida
Roca Vista, Calle
San Antonio, West Avenida
Serena, Calle
Posted Sweep {Every 1st and 3"' Tuesday) 9AM
Del Comercio, Calle - Westside Southbound
(
6677
(
Street Sweeping
Sweeper Route #11 (Every 1st and 3rd Wednesday)
Confirm Miles
Street Names
Barcelona, Avenida
Cadiz, West Avenida
Conchita, Calle
Cordoba, West Avenida
De Cristobal, Paseo West
Esplanade
Gaviota, West Avenida
la Rambla
Marina, Vista
Ola Vista, South
Paco Paseo
Prlncessa, Avenida
Santiago, West Avenida
Toledo, Calle
Trafalgar Lane
Valencia, West Avenida
6778
Street Sweeping
Sweeper Route #12 (Every 1st and 3rd Thursday)
Confirm Miles
Street Names
Alcazar, Calle
Alcedo, Vista
Arlena, Avenida
Avila, Via
Buena Suerte, Avenida
Cantora, Vista
Catalina, Via
Cayenta, Vista
Cerrito Cielo
Cordoba, East Avenida
Cornelio, East Avenida
Cornelio, West Avenida
De Los Lobos Marinos, East Avenida
Entrada Paralso
Esparanza, Calle
Junipero, East Avenida
Junipero, West Avenida
La Cima
La Jolla, Via
La Mesa, Via
Ladera Lane
Maylta, Calle
Patricia, Calle
Ramona, East Avenida
Ramona, West Avenida
Salvador, Avenida
San Antonio, East Avenida
San Antonio, West Avenida
San Gabriel, East Avenida
San Gabriel, West Avenida
San Juan, East Avenida
San Pablo, Avenida
Vallnda, Vista
Verde, Avenida
6879
I
I
Street Sweeping
Sweeper Route #13 (Every 2nd and 4th Monday)
Confirm Miles
Street Names
Posted Sweep (Everv 2nd and 4th Monday) 9AM
Campana, Calle - Northside Westbound
Canasta, Calle - Northside Westbound
(
6980
Street Sweeping
Sweeper Route #14 {Every 2nd and 4th Tuesday)
Confirm Miles
Street Names
Posted Sweep (Every 2nd and 4th Tuesday) 9AM
Campana, Calle - Southside Eastbound
Canasta, Calle - Southside Eastbound
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: June 17, 2025 Agenda Item: 11Q.

Submitted By: Planning Division
Prepared By: Jonathan Lightfoot, City Planner
Subject:
..titl e

CONSIDERATION OF A RESOLUTION APPROVING A PARKING AGREEMENT BETWEEN CHABAD JEWISH CENTER AND THE CITY OF SAN CLEMENTE ..body Fiscal Impact:

Staff proposes an annual license fee of $1,000 subject to an annual CPI adjustment. This is a reduction of about 80% from rates that the City has charged to other businesses that have entered into nonexclusive licenses for use of City parking facilities. However, where those businesses operate daily, the Chabad only requires use of the spaces for about 3 hours per week on Saturday mornings.

Summary:

On June 5, 2024, the Planning Commission reviewed a request by Chabad Jewish Center for an addition and remodel to their existing religious facility at 1306 North El Camino Real. The project included off-site parking at the City’s Bonito Canyon Parking lot. The Planning Commission approved the entitlements contingent upon the execution of a parking lease agreement with the City to satisfy the Municipal Code’s requirement for off-street parking. Staff recommends that the City Council approve the attached parking lease agreement to enable the redevelopment of the site.

Background:

The project is located at 1306 North El Camino Real, in the Neighborhood Commercial 2 zoning district, Architectural Overlay and Coastal Zone (NC2-A-CZ). The site is also within the North El Camino Real focus area of the General Plan, which states: “The North Beach/North El Camino Real Focus Area is a unique, community- and coastal visitor-oriented entertainment hub and recreation area. It is an important City gateway along the historic El Camino Real/Pacific Coast Highway from beach cities to the north. The area’s on-going revitalization is based on the community’s desire to preserve and enhance its key assets.” The 13,486 square foot lot has a 3,496 square foot two-story Spanish building with three attached two car garages. In addition to the garage parking, the site provides seven outdoor spaces, for a total of 13 on-site parking spaces. The building has been occupied by Chabad Jewish Center since 2013 where it has operated as a religious use and Hebrew School. Surrounding land uses include a hotel, office, and a mixed-use development to the north, multi-family residential uses to the south and west, and vacant land to the east.

The Planning Commission approved Amendment to Development Permit (AM DP) 20-399 and Minor Conditional Use Permit (MCUP) 22-430, via Resolution PC 24-012, for a major remodel to 1 Meeting Date: June 17, 2025 Agenda Item: 11Q.

CITY OF SAN CLEMENTE
the first and second floor and a 1,479 square foot addition to the second floor, which is inclusive of the conversion of the six garage parking spaces to bring the total building square footage to 6,650 square feet with a 68-seat sanctuary. The project provides seven parking spaces on-site, including one ADA stall. The Commission conditioned the approval upon the applicant entering into a nonexclusive lease agreement with the City to satisfy the off-street parking requirement in accordance with Section 17.64.120 of City’s Municipal Code. To support the religious use, a lease agreement is needed for 10 off-street parking spaces at the San Clemente public parking lot at Bonito Canyon Park.

The proposed parking agreement establishes an initial five-year term, with one five-year option exercisable in the City Manager’s discretion. Similar agreements will need to be approved in the future to ensure the Chabad Jewish Center remains in compliance with the City’s parking requirements, or until such time as the Center provides additional parking on their property.

The Planning Division conferred with the Beaches Parks and Recreation Department to understand the usage of the parking lot and whether there were any restrictions or existing agreements in place. While the parking area is utilized by the Boys and Girls Club during the week, they are closed on Saturdays when the required off-site parking is requested by the Center. The applicant obtained a letter of support from the Director of the Boys and Girls Club for the project and the use of the City’s parking spaces on Saturdays.

In review of the Chabad Jewish Center development application, a two-week parking survey was completed of the 34-space public parking lot that concluded the peak usage was 10 spaces and an average of 3.3 spaces were utilized at 10:00 am on Saturdays. The weekday and evening use of the religious facility as an office and religious school would be completely parked on site and only the Saturday Services from 9:30 am to 11:30 am would rely on the proposed parking lease.

Other nearby uses are closed on the weekend leaving surplus on-street parking. Additionally, while street parking cannot be counted for a private use, this section of North El Camino Real does allow for street parking and with 134 linear feet of street frontage at least six additional spaces could be utilized.

Staff utilized a lease agreement template similar to those that were used for other businesses, including Los Molinos Brewery, OC Tavern, and La Ventura Event Center, to meet a portion of their off-street parking requirement through a lease agreement with the City. Due to the subject site’s constraints as well as the proximity of the available public parking, staff supports the requested non-exclusive lease agreement to support the redevelopment of the site.

Council Options:
 Adopt Resolution No. 25-100, which would approve, and authorize the City Manager to execute the Parking Agreement between Chabad Jewish Center and the City of San Clemente, included as Exhibit A to the proposed Resolution (Attachment 1).  Modify and adopt Resolution No. 25-100 to authorize the City Manager to execute the Parking Agreement with revisions to the rate, term, or other element of the Agreement as directed by Council.
 Continue the item and provide staff with an alternative direction. 2 Meeting Date: June 17, 2025 Agenda Item: 11Q.

CITY OF SAN CLEMENTE
 Do not approve Resolution No 25-100, which would result in the City not entering the Parking Agreement and would preclude the Chabad from receiving building permits for their building addition and renovation.

Environmental Review/Analysis:

On June 5, 2024, through the adoption of PC 24-012, the Planning Commission determined that the project, including the parking required by it, is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section Guidelines Section 15301 (Class 1: Existing Facilities) because the project involves the remodel and addition of 1,479 square feet to an existing institutional facility. Approving the parking license agreement is within the scope of the previous CEQA determination; there are no new or more severe environmental impacts that would warrant supplementing or revisiting the previous determination.

Recommended Actions:

Staff Recommendation ..recommendation
STAFF RECOMMENDS THAT the City Council adopt Resolution No. 25-100, which would approve, and authorize the City Manager to execute the Parking Agreement between Chabad Jewish Center and the City of San Clemente, included as Exhibit A to the proposed Resolution (Attachment 1) for an initial annual license fee of $1,000 and an initial term of five years with one five-year option exercisable in the City Manager’s discretion. ..end
Attachments:

1. City Council Resolution 25-100
Exhibit A - Parking Agreement

2. Planning Commission Staff Report (link)
Notification:

Chabad Jewish Center of San Clemente
3 ATTACHMENT 1
RESOLUTION NO. 25-100

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING A PARKING

AGREEMENT BETWEEN CHABAD JEWISH CENTER AND

THE CITY OF SAN CLEMENTE FOR THE NONEXCLUSIVE

USE OF TEN PARKING SPACES AT BONITA CANYON
PARK ON SATURDAYS BETWEEN 9 AM AND 12 PM AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT
WHEREAS, on June 5, 2024, the Planning Commission reviewed a request by Chabad Jewish Center for an addition and remodel to their existing religious facility at 1306 North El Camino Real; and
WHEREAS, the Planning Commission’s approval of the entitlements were contingent upon the execution of a parking agreement with the City to satisfy the Municipal Code’s requirements for off-street parking; and WHEREAS, pursuant to City policy 901-1, the City delegates the authority to engage in negotiations with current and prospective tenants for City-owned property to the City Manager; and
WHEREAS, the City owns the subject property at 1304 Calle Valle, San Clemente, California 92672 (Bonito Canyon Park); and
WHEREAS, pursuant to Section 102(i)(2)(A) of the Final Updated Surplus Land Act (SLA) Guidelines, dated August 1, 2024, the non-exclusive leasing of the property pursuant to the proposed Parking Agreement, does not constitute a disposition of public land, and therefore the requirements of the SLA are not applicable; and WHEREAS, City staff has reviewed the proposed Parking Agreement and finds it to be beneficial to the City, in that the Parking Agreement provides for public benefits and purposes in the form of continued community opportunities for use once the Chabad Jewish Center property is renovated, and the monthly rent amounts are consistent with a fair market value of the property based on the timeframe when the parking would be utilized by the Chabad Jewish Center.

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

SECTION 1. The above recitals are true and correct and incorporated herein by reference.
4 Resolution No. 25-100 Page 2
SECTION 2. That the Parking Agreement with Chabad Jewish Center is hereby approved for an initial term of five years with one five-year extension exercisable in the City Manager’s discretion.

SECTION 3. That the City Manager, or the City Manager's designee, is hereby authorized and directed to execute the Parking Agreement in a form substantially similar to that presented to the City Council on June 17, 2025.

SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this ___ day of _____________________, ____.

ATTEST:

City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of Clemente, California
5 Resolution No. 25-100 Page 2

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-100 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, 2025, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
____________________________
Elizabeth A. Mitchell, City Attorney
6 EXHIBIT A
4901-1373-9293 v2

PARKING AGREEMENT
This PARKING AGREEMENT (the “Agreement”) is dated for reference purposes as of the ____ day of ___________, 2025, and is being entered into by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and the CHABAD JEWISH CENTER OF SAN CLEMENTE, a California nonprofit corporation with its principle place of business at 168 Avenida De La Paz, San Clemente, California 92672 (“Chabad Jewish Facility”) (with City and Chabad Jewish Facility hereinafter being individually referred to individually as a “Party” and collectively as the “Parties”).

R E C I T A L S:

A. Chabad Jewish Facility is the tenant of that certain real property commonly known as 1306 North El Camino Real, in the City of San Clemente, County of Orange, California (the “Property”). Chabad Jewish Facility operations include use of the Property as a religious facility (“Facility”). Pursuant to applicable provisions of the San Clemente Municipal Code, Chabad Jewish Facility must have a total of seventeen (17) off-street parking spaces to operate the Facility on the Property with the proposed floor plan and seating count of 68 persons. The Property currently provides seven (7) onsite spaces and no offsite spaces, resulting in a deficiency of ten (10) off-street parking spaces.

B. On June 5, 2024, the Planning Commission approved an Amendment to Development Permit (AM DP) 20-399 and Minor Conditional Use Permit (MCUP) 22-430, via adoption of Resolution PC 24-014 for a major remodel to the first and second floor and a 1,479 square foot addition to the second floor, which is inclusive of the conversion of the six garage parking spaces, to bring the total building square footage to 6,650 square feet with a 68-seat sanctuary. This approval was conditioned upon the Parties entering into a nonexclusive lease agreement for ten (10) off-street parking spaces at the San Clemente public parking lot at the Bonito Canyon Park at 1304 Calle Valle, in the City of San Clemente, County of Orange, California 92672 (the “Bonito Parking Lot”) to satisfy the off-street parking requirement in accordance with Section 17.64.120 of City’s Municipal Code.

C. The City owns fee title to the Bonito Parking Lot. The Bonito Parking Lot is located within 150 feet of the Property and has a sufficient number of excess parking spaces to serve the needs of the Chabad Jewish Facility without impairing the primary use of the parking lot for recreational purposes at Bonito Canyon Park.

D. The Parties desire to enter into this Agreement for the purpose of providing Chabad Jewish Facility with a non-exclusive license for the use of ten (10) parking spaces in the Bonito Parking Lot to satisfy the off-street parking requirements set forth in the San Clemente Municipal Code and in order for Chabad Jewish Facility to expand the structure and operations of the Facility on the Property, all in accordance with and subject to the terms and conditions set forth in this Agreement.
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C O V E N A N T S
Based upon the foregoing Recitals, which are incorporated into this Agreement by this reference, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both Parties, the City and Chabad Jewish Facility hereby agree as follows:

1. Grant of License. During the Term (as defined and described in Sections 2 and 3 below) of this Agreement, the City hereby grants to Chabad Jewish Facility and its members and invitees of the Facility a revocable, non-exclusive license (“License”) to utilize up to ten (10) vehicular parking spaces (the “Parking Spaces”) in the portion of the Bonito Parking Lot depicted in Exhibit “A”, which is attached hereto and incorporated herein fully by this reference, which license shall include a right of vehicular and pedestrian ingress and egress between the Parking Spaces and the adjacent public streets and rights-of-way. Said license shall be limited to 9 a.m. until noon on Saturdays. The Chabad Jewish Facility shall separately apply for Special Event or Activity permit(s) for nonstandard activities that increase use of the Facility or generate additional parking demand, or if the Parking Spaces are needed outside the foregoing licensed hours.

2. Term. Subject to Section 3 of this Agreement, the initial term of the License shall commence upon the approval of the final building permit related to the expansion of the Facility (the “Commencement Date”) and shall continue thereafter for an initial term of five (5) years.

Subject to Section 3 of this Agreement, Chabad Jewish Facility shall have the right to extend the initial term of the License for one (1)successive term of five (5) years. The option shall be deemed to have been exercised (and the term of the License so extended) unless Chabad Jewish Facility delivers a written notice to City at least thirty (30) days prior to the end of the then-current term of its intent to not extend the License. The initial term of the License as extended pursuant to such options (and subject to Section 3) is referred to herein as the “Term.”

3. Termination. Notwithstanding Section 2, the Term of the License and this Agreement automatically shall terminate if Chabad Jewish Facility (or successor) does not maintain in effect a valid conditional use permit or other legally required permit or permits to operate the Facility or if Chabad Jewish Facility discontinues operation of the Facility for a period of six (6) consecutive months. In addition, and notwithstanding Section 2, this Agreement and the License may be terminated as follows: (i) Chabad Jewish Facility may terminate the License sixty (60) days after it delivers written notice to City of its intent to terminate, provided that Chabad Jewish Facility is terminating operation of the Facility as well; (ii) the City Council of City has the right by a majority vote of its membership that is eligible and qualified to vote on the issue to terminate the License and this Agreement upon a determination by the City Council that it desires to devote the Parking Spaces to a different public use; and (iii) either Party may terminate the License and this Agreement and any and all rights or obligations that exist hereunder if a court of law finds that the License or this Agreement is not valid and enforceable. The Parties agree that in the event the License and this Agreement are terminated pursuant to this Section 3, neither Party shall have any further rights or liabilities to the other with respect to the period of time after the effective date of the termination.

4. License Payment. Chabad Jewish Facility shall remit to the City an initial license fee of One Thousand Dollars ($1,000.00) per year, with the first payment due within thirty (30) 8 -3-
4901-1373-9293 v2
days of the Commencement Date (“License Payment”). On each successive anniversary date of the Commencement Date, the License Payment shall be increased in accordance with the percentage increase in the Consumer Price Index, All Items, published by the United States Department of Labor for the smallest geographical area within which the City of San Clemente is located (the “CPI Index”) (or such index is discontinued, such substitute index as is most closely comparable thereto), and with said percentage increase being based upon the percentage increase in the CPI Index between the date that is fifteen (15) months prior to the applicable License Payment adjustment date and the CPI Index on the date that is three (3) months prior to the applicable License Payment adjustment. The first License Payment shall be paid in advance on the Commencement Date (as to the first License Payment), and each License Payment thereafter shall be paid on each anniversary of the Commencement Date. Payments shall be made in U.S. dollars. Checks or money orders shall be made out to the “City of San Clemente.” If any License Payment or any other sum due the City is not received by City within ten (10) days after the date it is due, Chabad Jewish Facility shall be deemed delinquent in its License Payment and a late charge of one and one-half percent (1.5%) of the delinquent amount, plus the sum of Fifty Dollars ($50.00), shall become immediately due and payable to City. An additional charge of one and one-half percent (1.5%) of such delinquent License Payment (excluding late charges) shall be added for each additional calendar month (or portion thereof) that the delinquent sum remains unpaid. The Parties hereby acknowledge and agree that such late charges do not represent and shall not be deemed to be an interest payment, but that such late charges represent a fair and reasonable estimate of the costs and expenses that City will incur by reason of Chabad Jewish Facility’s late payment. City’s acceptance of any delinquent License Payment or late charge shall in no way constitute a waiver of Chabad Jewish Facility’s default with respect to such overdue and delinquent payment, or in any way impair, prevent, or restrict City from exercising any of its rights or remedies set forth in this Agreement or otherwise provided at law.

5. Acceptability of the Parking Spaces. The Parking Spaces have been determined to conform to current City of San Clemente standards for parking spaces, and Chabad Jewish Facility accepts them “AS IS” and agrees to maintain the Parking Spaces in a manner that meets City standards.

6. Non-Exclusive Use of the Parking Spaces. The Parking Spaces will continue to be available to the public for purposes related to the primary use of the Bonito Canyon Park. Chabad Jewish Facility shall have no right to post signage on or near the Parking Spaces indicating that the Parking Spaces are for the exclusive use of Chabad Jewish Facility members or to otherwise restrict use of the Parking Spaces by other members of the public.

7. City’s Reservations. City reserves physical and legal control over the Parking Spaces. As part of that control, the City reserves the right to temporarily, and at no cost to the City, take the Parking Spaces out of service for any purpose, including maintenance, repair, or restriping. City also reserves the right to designate any or all of the Parking Spaces as handicapped spaces. Additionally, City reserves the right to change the configuration of the Parking Spaces and the drive aisles providing access to the Parking Spaces at City’s sole and absolute discretion; provided, however, if City takes an action during the Term of this Agreement that results in the permanent reduction in the number of Parking Spaces to a number less than 22, City shall be required to act reasonably to amend the area subject to the License to include an additional number 9 -4-
4901-1373-9293 v2
of Parking Spaces sufficient to replace the number of Parking Spaces removed from the area subject to the License as of the date this Agreement is being executed. In addition, City reserves the right to require that Chabad Jewish Facility require its employees to utilize the Parking Spaces during the hours that the License is in effect in order to provide a greater number of convenient visitor and student parking spaces on the Property.

8. Maintenance. Chabad Jewish Facility, at its sole cost and expense, shall maintain the Parking Spaces in a safe and clean condition, and shall be responsible for any damage committed to the Parking Spaces by Chabad Jewish Facility members and invitees. Such maintenance shall include removing all trash and debris from the Parking Spaces, and cleaning any spilled liquids or other substances from the Parking Spaces. Chabad Jewish Facility shall be responsible for all repairs to the Parking Spaces, including asphalt sealing and restriping, reasonably determined to be necessary by City.

9. Indemnity. Chabad Jewish Facility shall protect, defend (with counsel acceptable to City), indemnify, and hold harmless City and City’s officers, employees, agents, and representatives (collectively, the “City Parties”), and each of them, jointly and severally, against and from any and all claims, demands, causes of action, damages, costs, expenses, losses, and liabilities, at law and in equity, of every kind or nature whatsoever, including attorneys’ fees and expert witness fees, including, without limitation, injury to or death of any person or persons and damage to or destruction of any property, threatened, brought, or instituted, arising out of, or in any manner directly or indirectly connected with the entry upon, or the engagement of any activities on, near or in route to or from the Parking Spaces or the Property by any Chabad Jewish Facility employees or invitees, including, without limitation:
a) any damage to the Parking Spaces or the Property and any liability to any third party incurred by reason of any acts or omissions, or any commission of any negligent or tortious acts by Chabad Jewish Facility members or invitees in connection with the activities permitted or required by this Agreement; b) any mechanics’ or materialmens’ liens, claims, demands, actions or suits arising (directly or indirectly) from (i) the performance of the activities permitted or required by this Agreement, or (ii) the activities of Chabad Jewish Facility members or invitees on or relating to the Parking Spaces (including, without limitation, any claims by any such members or invitees); and c) any costs of removing Chabad Jewish Facility property or the property of any of its employees or invitees from the Parking Spaces or the Property after the last to expire of the Term or the earlier termination of this Agreement.

The foregoing obligations shall not apply to claims, liabilities, or losses arising out of the sole active negligence or willful misconduct of City.

10. Insurance. Prior to the Commencement Date and during the entire Term, Chabad Jewish Facility shall furnish or cause to be furnished to City, duplicate originals of policies and endorsements, or appropriate certificates thereof, of commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any 10 -5-
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endorsement restricting standard ISO “insured contract” language will not be accepted. The City may require Chabad Jewish Facility to increase coverage limits at intervals not more frequent than once every two (2) years during the Term, with the amount of increased coverage determined by City in its reasonable discretion, taking into consideration City’s practice and standards in the industry generally. In addition, all such insurance:
a) shall be primary insurance and not contributory with any other insurance City or any City official, employee, or agent may have;
b) shall name the City and its officials, employees, and agents as additional insureds and contain no special limitations on the scope of protection afforded to City and City officials, employees, and agents;
c) shall be “date of occurrence” and not “claims made” insurance; d) shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability; e) shall provide that the policy shall not be cancelled or not renewed by the insurer or Chabad Jewish Facility unless there is a minimum of thirty (30) days prior written notice to City;
f) shall be endorsed to include a waiver of subrogation rights against City and City’s officials, employees, and agents;
g) shall not require Chabad Jewish Facility to meet a deductible or self-insured retention amount of more than Ten Thousand Dollars ($10,000) unless approved in writing by City in its reasonable discretion; and
h) shall be from a company or companies with a current A.M. Best's rating of no less than A- VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

11. Notices. All notices, documents, correspondence, and communications concerning this Agreement shall be addressed as set forth in this clause, or as the parties may hereafter designate by written notice, and shall be personally delivered or sent through the United States mail, first class, postage prepaid. Any mailed notice shall be deemed served or delivered fortyeight (48) hours after mailing. Either Party may change the address for notices by giving the other Party at least ten (10) calendar days prior written notice of the new address.

Notwithstanding the above, either party may also provide notices, documents, correspondence, or such other communications to the other by personal delivery or facsimile and, so given, shall be deemed to have been given upon receipt.

To Chabad Jewish Facility: Menachem M Slavin
1306 N. El Camino Real
San Clemente, CA 92672
To City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attention: City Clerk

12. Assignability. The License shall not be assignable except to an authorized 11 -6-
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successor of Chabad Jewish Facility’s right to operate the Facility on the Property. All assignments require prior approval in writing by the City Manager. Attempted assignments not approved in writing in advance shall automatically terminate this Agreement.

13. Miscellaneous.
(a) Authority. Each person executing this Agreement on behalf of a Party represents and warrants to the other Party that he or she has the authority to execute this Agreement on behalf of its principal and shall indemnify the other Party should such representation or warranty prove false.
(b) Attorney’s Fees. In the event either Party hereto brings suit to enforce the terms of this Agreement or on account of breach hereof, the Party not prevailing in such suit shall pay all reasonable costs and expenses incurred by the other Party in such suit, including, without limitation, court costs, attorney’s fees, and expert witness fees.
(c) Entire Agreement. This Agreement sets forth the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, understandings, and agreements relating thereto. (d) Amendments. This Agreement may not be modified except by written instrument signed by each of the Parties hereto.
(e) Counterparts/Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same agreement. This Agreement may be signed electronically with the same force and effect as original ink signatures. (f) Litigation Matters. The Superior Court of the State of California in the County of Orange shall have the exclusive jurisdiction of any litigation between the Parties arising out of this Agreement. This Agreement shall be governed by, and construed under, the internal laws of the State of California without regard to conflict of law principles. Chabad Jewish Facility waives any rights under California Code of Civil Procedure section 394.
(g) Time of Essence. Time is of the essence in the performance of this Agreement. (h) No Property Interest Conveyed. Chabad Jewish Facility acknowledges and agrees that this Agreement grants Chabad Jewish Facility a revocable, nonexclusive license to enter upon and use real property and does not convey a leasehold or any other interest in real property.

IN WITNESS WHEREOF, the undersigned Parties have executed this Agreement to be effective as of the Commencement Date.

Signatures continued on next page
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CITY OF SAN CLEMENTE
By:

Andy Hall, City Manager
ATTEST:

By:

Laura Campagnolo, City Clerk
APPROVED AS TO FORM:

By:

Elizabeth A. Mitchell, City Attorney
Chabad Jewish Center of San Clemente
By:

Its:
13 EXHIBIT A
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EXHIBIT “A”

DEPICTION OF THE PARKING SPACES
Ten (10) non-exclusive spaces within the Bonito Canyon Park public parking lot on Saturdays, 9 a.m. to noon
14 AGENDA ITEM: 8-A

STAFF REPORT

SAN CLEMENTE PLANNING COMMISSION
Date: June 5, 2024
PLANNER: John Ciampa, Contract Planner
SUBJECT: Public Hearing Project (PHP) 24-231, Chabad Jewish Center 1306 N. El Camino Real
The Planning Commission will consider a request for an Amended Development Permit (AM DP 20-399) and a Conditional Use Permit (CUP 22-430) for a 1,479 square foot addition, remodel, and off-site parking for an existing institutional facility. The Planning Commission will also consider whether the project is Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Class 1: Existing Facilities).

REQUIRED FINDINGS
The following findings shall be made to approve the proposed project. The draft Resolution (Attachment 1) and analysis section of this report provide an assessment of Development Permit, 17.16.100, to allow additions to non-residential buildings in the Architectural Overlay District.
a. The proposed project is consistent with the General Plan; b. The proposed project complies with zoning regulations; c. The proposed project is consistent with the City's Design Guidelines; d. The proposed development will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity; e. The proposed project is in character and compatible with the properties in the neighborhood;
f. The proposed project complies with the purpose and intent of the Architectural Overlay District; and
g. The proposed project/use preserves and strengthens the pedestrian-orientation Minor Conditional Use Permit, 17.16.070, to allow off-site parking within 1000 feet of the subject property, consistent with the San Clemente Municipal Code (SCMC)

17.64.110.

Attachment 2
15 the project's compliance with these findings.
of the district and/or San Clemente's historic identity as a Spanish village.

Chabad Jewish Center Page 2
a. The proposed use is permitted within the subject zone pursuant to the approval of a Minor Conditional Use Permit and complies with all applicable provisions of this title, the San Clemente General Plan and the purpose and intent of the zone in which the use is being proposed;
b. The site is suitable for the type and intensity of use that is proposed; c. The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity; and d. The proposed use will not negatively impact surrounding land uses.

BACKGROUND
Site Data
The subject property is a 13,486 square foot interior lot located at 1306 North El Camino Real in the Neighborhood Commercial Zoning District, within the Coastal Zone, Architectural and Affordable Housing Overlays (NC2-A-AH-CZ). The site is developed with a 3,496 square foot, two-story Spanish building with three attached two car garages.

In addition to the garage parking the site provides seven outdoor spaces, for a total of 13 on-site parking spaces. The surrounding land uses include a hotel, office, and a mixeduse development to the north, multi-family residential uses to the south and west, and vacant land to the east. Reference Attachment 2 for a location map and Attachment 3 for photographs of existing conditions at the property. Image 1 below identifies the project site.

Image 1 Aerial View Project Site
In 1997, a Site Plan Permit and Architectural Permit were approved to authorize the construction of the existing structure. In 2013, the Chabad Jewish Center obtained approval of a Conditional Use Permit (CUP13-190) to occupy the building and operate a 16 Chabad Jewish Center Page 3
religious use as well as a school/tutoring use operated by the County of Orange. As part of the 2013 CUP, the applicant obtained approval for shared parking to address the various uses at the site. The facility is no longer operating the school/tutoring classes; however, the religious facility conducts evening Torah study during the week, Saturday Shabbat services, and Hebrew School on Sunday.

Development Management Team Meeting
The City's Development Management Team (DMT) reviewed the project on February 8, 2024, and recommends approval with conditions included in Attachment 1, Exhibit A.

Noticing and Public Comments
Public notices were distributed and posted per City and State requirements. Staff has not received any public comments on this item prior to and after the distribution and posting of public notices.

PROJECT DESCRIPTION AND ANALYSIS
Project Description
The project proposes a major remodel to the first and second floor and a 1,479 square foot addition to the second floor which is inclusive of the conversion of the six garage parking spaces to bring the total building square footage to 6,650 square feet. The project would only remodel the first floor with no expansion to the building footprint to create a new lobby, corridors, bathroom, multipurpose room, and two offices. The second floor would include a 1,479 square foot addition and remodel to enlarge the sanctuary with seating for 68 people, new restrooms, and a space for a future kitchen. The attic space above the second floor would include storage and a mechanical area.

The project proposes to enhance the existing Spanish architecture which is required because the property is located in the Architectural Overlay (per Section 17.56.020.A.3.a and Urban Design Element Policy 5.07). The proposed design of the project continues the existing Spanish design with the arched windows, white stucco walls, terra cotta tile, and tower elements. Additional analysis of
Architecture section of the report.

The project would retain the seven on-site parking spaces and is proposing to enter into an off-site parking agreement with the City for the additional 10 parking spaces at the adjacent Bonita Park (per condition of approval 4.3). Off-site parking is necessary to obtain the required parking to increase the sanctuary seating capacity from 45 to 68 and to off-set the loss of the six garage spaces which are utilized to expand the sanctuary.

The off-site parking agreement would be subject to City Council approval that would be proposed under a separate action.

The operations of the Chabad Jewish Center include the following:
17 the project's design is provided in the
Chabad Jewish Center Page 4

1. Weekdays during normal business hours (8:00 am-5:00 pm) only the office spaces would be utilized.

2. Two nights a week religious studies would occur with up to 16 people.

3. Saturday mornings from 9:30 am to 11:30 am Shabbat services would be limited to 68 people.

4. Sunday from 9:00 am to 12:00 pm Hebrew School with up to 15-20 people.

Development Standards
The proposed development for the remodel and addition was reviewed with the Municipal Code Section 17.36 to ensure that it complies with all of the applicable development standards of the NC2 zoning district. Table 1 below identifies the project in conformance with all of the applicable standards.

Table 1: Project Compliance with NC2 Development Standards Standard NC2 Project Compliance
Front Yard 0 ft 4 ft Yes
Side Yard 0 ft 5ft 2 in Yes
Rear Yard 0 ft 29 ft Yes
Lot Coverage 60% 35% Yes
FAR .50 .495 Yes
Height 33 ft TOR
26 ft Plate

26.25 ft

14.93 ft
Yes
Landscape
Coverage
10% 13% Yes
Parking 17 Spaces (1 per 4
seats)
17 Spaces*
(7 on-site &
10 off-site)
Yes
*CUP requested to allow 10 off-site parking spaces to provide the additional parking required for the expanded sanctuary, per Section 17.64.080 Parking
Religious uses require 1 parking stall per four seats, which traditionally has been applied to seating within the primary sanctuary / religious gathering place (and not including ancillary spaces like classrooms). The site is improved with three, two-car garages and seven surface parking spaces that have been in place since the building was constructed in 1997. Since the Chabad Jewish Center occupied the facility in 2013, the applicant reports that the six garage parking spaces have been utilized for storage. The garage spaces have not been necessary to accommodate congregant parking since the Jewish Shabbat prohibits work on Saturdays, which includes driving or riding in cars, resulting in almost all of the members walking to Shabbat service on Saturdays. While the sanctuary will be expanded from 45 seats to 68 seats, the applicant, Rabbi Slavin, does not expect 18 Chabad Jewish Center Page 5
additional parking demand since very few congregants drive to Shabbat services on Saturdays. However, since there is not a codified parking exemption for religious practices that limit vehicle use, the applicant is requesting an off-site parking agreement with the City to obtain the use of an additional 10 parking spaces from Bonita Park on Saturdays from 9:30 am to 11:30 am (condition of approval # 4.3).

The operations of the building would have three separate functions that only utilize a fraction of the building at any given time resulting in the continued use of shared parking and proposed off-site parking to allow for the proposed project. Only the Saturday Shabbat service would require off-site parking as the other days only limited use of the facility is proposed:

1. During weekday business hours 8:00 am-5:00 pm only the office spaces would be utilized (1,460 sq. ft. requiring 4.86 parking stalls at a parking rate of 1 space per 300 sq. ft.).

2. Two nights a week religions studies would occur with up to 16 people (requiring four parking spaces at a parking rate of 1 per 4 spaces).

3. Saturday mornings from 9:30 am to 11:30 am Shabbat services would be held with seating for up to 68 seats (requiring 17 parking spaces (7 on-site and 10 off-site at a parking rate of 1 per 4 spaces).

4. Sunday from 9:00 am to 12:00 pm Hebrew School up to 15-20 people (requiring 5 parking spaces at a parking rate of 1 per 4 spaces).

The Bonita Park parking lot is located 145 feet from the subject property. While there is no direct pedestrian crossing adjacent to the site, the nearest protected pedestrian crossing is 600 feet from the subject property, at the intersection of N. El Camion Real and El Portal. The one-way trip to the off-site parking area would result in a distance of 1,388 feet. The distance to the off-site parking complies with the Zoning Code requirements per Section 17.64.110, which allows the use of parking areas 1,000 feet from the project site, calculated by direct line and not by path of travel distance.

The Bonita Park parking lot (32 total spaces) is utilized by the Boys and Girls Club during the week (because they do not have private/on-site parking) and the public daily. To assess the parking demand for the proposed expansion and the availability of parking at Bonita Park, staff and the applicant surveyed the parking areas for Bonita Park and the Chabad Jewish Center to ensure there is available parking for the project. The survey was conducted at the Chabad Jewish Center parking lot on Monday (6:00 pm), Tuesday (9:00 am 4:00 pm), Thursday (9:00 am 4:00 pm), and Saturday (10:00 am) and Sundays (11:00 am), at Bonita Park on Saturdays and Sundays at 10:00 am for a period of two weeks. The results of the parking survey (Attachment 5) concluded that an average of 3.3 spaces were utilized for Bonita Park with a maximum of 10 spaces on a Saturday at 10:00 am and an average of 2.9 spaces were utilized in the Chabad Parking lot with a maximum of seven spaces on a Saturday. concluded
that there is sufficient parking at Bonita Park to accommodate the expansion of the Chabad Jewish Center. Additionally, while street parking cannot be counted for a private 19 Staffs analysis of the survey data
Chabad Jewish Center Page 6
use, this section of North El Camino Real does allow for street parking and with 134 linear feet of street frontage at least six additional spaces could be utilized.

The survey concludes that the request for the off-site parking will not impact adjacent uses as there is available parking when the spaces are needed on Saturday mornings from 9:30 am to 11:30 am. Additionally, the continued operations of the Chabad Jewish Center would be compatible with the neighborhood and not impact the adjacent uses.

Staff contacted the Boys and Girls Club and they confirmed that they are closed on Saturdays so there would be no conflict of use for the public parking area. The Boys and Girls Club Director, Planning Division, and Beaches Parks and Recreation have reviewed the request for parking stalls and are supportive of the off-site parking request.

Architecture
The required style of architecture for subject property is Spanish pursuant to requirements of the Architectural Overlay District (A-Overlay) Section 17.56.020. Additionally, General Plan Urban Design Policy 5.07 states models may
utilize either Spanish Colonial Revival or other Spanish Architecture on North El Camino Real between West Avenida Palizada and Calle Los Bolas, and on South El Camino Real between Avenida Rosa and Interstate-5, per the Design Guidelines xisting structure was constructed in 1997 in a Spanish design and the proposed project would enhance the architecture with the two towers at the north and south ends of the structure.

Additionally, the design of the second story would provide a more balanced front elevation with the upper floor extending the full length of the first floor. The removal of the three garage doors and the replacement with French doors would also enhance the rear/ally elevation. The traditional Spanish design elements would continue with the use of a red tile roof, arched openings, wood eves, and white stucco siding.

Exhibit 1: Existing and Proposed Elevations
Existing Front Elevation Proposed Front Elevation
Additionally, per the Zoning Code and A-Overlay goals, landscaping must consist of drought-tolerant, native landscaping with a Spanish Village theme, consistent with the Coastal Land Use Plan and General Plan.
20 "New buildings and major building re
"The e
H G 0 C B
Chabad Jewish Center Page 7
Design Review Subcommittee
The Design Review Subcommittee (DRSC) reviewed the project on December 14, 2022, (Attachment 6) and supported the project with design changes summarized in Table 2 below.

Table 2 DRSC Comments
Recommendation: Applicant Response:

1. On the elevations, extend the
eaves for the tower elements to
increase the roof overhang.

Addressed. The plans are modified to reflect
recommendation.

2. Left entry tower should have a
hipped roof for consistency.

Addressed. The plans are modified to reflect
recommendation.

3. Consider adding a scalloped
design in the plaster on the north
and south (side) elevations.

Not addressed. The applicant wishes to not
incorporate this architectural element as a
result of increased cost and the building is
not a Spanish Colonial Revival design.

4. Incorporate additional details into
the elevations including bird stops,
mortar packing, and gutters.

Addressed. These elements are
incorporated as conditions of approval (COA
# 5.4 and 5.5).

5. Provide additional landscaping to
enhance the site.

Addressed. The plans are modified to reflect
General Plan
Refer to Attachment 4 for a
Policies. Per the analysis in Attachment 4, staff believes that the project is consistent with the General Plan.

ENVIRONMENTAL REVIEW/COMPLIANCE (CEQA)
The Planning Division completed an initial environmental assessment of the project per the California Environmental Quality Act (CEQA). Staff recommends the Planning Commission determine the project is Categorically Exempt from CEQA pursuant to CEQA Guidelines Section Guidelines Section 15301 (Class 1: Existing Facilities) because the project involves the remodel and addition of 1,479 square feet to an existing institutional facility.
21 the DRSC's
the DRSC's
the DRSC's recommendation.
table outlining the project's consistency with General Plan Chabad Jewish Center Page 8

CALIFORNIA COASTAL COMMISSION REVIEW
The project is located within the Coastal Zone, and if the project is approved by the Planning Commission the applicant will be required to obtain a Coastal Development Permit or CDP Waiver from the Coastal Commission prior to obtaining a building permit, which is included as a condition of approval.

ALTERNATIVES
The Planning Commission may take any of the following actions:

1. Approve the application with staff recommended conditions of approval.

2. Modify the conditions of approval to effect desired changes prior to approval.

3. Continue the hearing to obtain additional information from the applicant.

4. Deny the application. If the Commission wishes to pursue this option, the hearing will need to be continued to allow the appropriate resolution to be prepared.

These actions may be appealed by the application to the City Council within ten days of the decision pursuant to San Clemente Municipal Code § 17.12.140 or be called up by the City Council for review and action.

RECOMMENDATION
Staff recommends that the Planning Commission:

1. Determine that the project is categorically exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section 15301 (Class 1: Existing Facilities); and

2. Adopt Resolution PC 24-012, approving Amended Development Permit (AM DP 20-399) and Minor Conditional Use Permit (CUP 22-430), Chabad Jewish Center, subject to attached conditions of approval.

Attachments:

1. Resolution No. PC 24-012
Exhibit A - Conditions of Approval

2. Location Map

3. Photos

4. General Plan Compliance
22 Chabad Jewish Center Page 9

5. Parking Survey

6. DRSC Report and Minutes, December 14, 2022

7. Conceptual Plan
23 4891-2239-8914 v2
RESOLUTION NO. PC 24-012

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING
AMENDMENT TO DEVELOPMENT PERMIT 20-399 AND
MINOR CONDITIONAL USE PERMIT 22-430, CHABAD
JEWISH CENTER, TO CONSTRUCT A 1,479 SQUARE

FOOT ADDITION, REMODEL, AND OFF-SITE PARKING

FOR AN EXISTING INSTITUTIONAL FACILITY, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT

FROM CEQA PURSUANT TO STATE CEQA GUIDELINES
SECTION 15301 (CLASS 1: EXISTING FACILITIES, 14 CCR
§15301).

WHEREAS, on December 4, 2022, an application was submitted by Rabbi Slavin, 1306 North El Camino Real, CA 92672, for Amendment to Development Permit (AM DP) 20-399 and Conditional Use Permit (CUP) 22-430, and deemed complete on May 6, 2024, which is a request to construct a 1,479 square foot addition, remodel, and off-site parking for an existing institutional facility located at 1306 North El Camino Real. The project site is in the Neighborhood Commercial Zoning District and Coastal Zone, Architectural and Affordable Housing Overlays (NC2-A-AH- legal description is
Number 692-381-57; and
WHEREAS, the Planning Division has completed an initial environmental assessment of the above matter in accordance with the California Environmental Quality Act (CEQA) and recommends that the Planning Commission determine that the project is categorically exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Class 1: Existing Facilities). This is recommended because the project involves a 1,479 square foot addition, remodel, and off-site parking for an existing institutional facility within a developed commercial area; and
WHEREAS, on February 8, 2024, the City's Development Management Team (DMT) reviewed the proposed project and determined it complies with the General Plan, Zoning Ordinance, and other applicable City ordinances and codes; and (DRSC) considered the project and supports it with further clarifying information and design recommendations; and
WHEREAS, on June 5, 2024, the Planning Commission of the City of San Clemente held a duly noticed public hearing on the subject application, and considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties.

NOW, THEREFORE, the Planning Commission of the City of San Clemente does 24 ATTACHMENT 1
CZ). The site's
Lots 8 and 9 of TR 793 and lot 4 of Tract 820, and Assessor's Parcel WHEREAS, on December 14, 2022, the City's Design Review Subcommittee Resolution No. PC 24-012 Page 2
hereby find, determine and resolve as follows:

Section 1. Incorporation of Recitals.

The Planning Commission hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the Planning Commission as fully set forth in this resolution.

Section 2. CEQA Findings.

Based upon its review of the entire record, including the Staff Report, any public comments or testimony presented to the Planning Commission, and the facts outlined below, the Planning Commission hereby finds and determines that the proposed project is categorically exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Class 1: Existing Facilities).

The Class 1 exemption specifically exempts from further CEQA review, the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The use of this exemption is limited to the addition and remodel of an existing institutional building. The project involves the construction of a 1,479 square foot addition, remodel, and off-site parking for an existing institutional facility within a developed commercial area. Thus, the project qualifies for the Class 1 exemption.

Furthermore, none of the exceptions to the use of the Class 1 categorical exemption identified in State CEQA Guidelines section 15300.2 apply. The project is not located in a particularly sensitive environment, and will not impact an environmental resource of hazardous or critical concern, in that the project site is located within an urbanized residential area. The project will not result in a cumulative impact from successive projects of the same type in the same place, over time, in that, a successive project of the same type in the same place would not meet City policies. There are no unusual circumstances surrounding the project that result in a reasonably possibility of a significant effect on the environment, in that, there are no especially sensitive resources (endangered species, wetlands, etc.) on the project site or in the vicinity. The project will not damage scenic resources, including trees, historic buildings, rock outcroppings, or similar resources, in that, the project will avoid the adjacent historic resources at 233 Avenida La Cuesta and 243 Avenida La Cuesta. The project does not include any hazardous waste sites, and the project will not cause a substantial adverse change in the significance of a historical resource, in that, the historical integrity of the adjacent historic resources will remain.

Thus, the Class 1 exemption applies, and no further environmental review is required.

Section 3. Development Permit Findings
With respect to Amendment to Development Permit (AM DP) 20-399, the Planning Commission finds as follows:

A. The proposed project is consistent with the General Plan, in that:
25 Resolution No. PC 24-012 Page 3

1. The structure is retained as a religious institutional use which is an authorized land use in the Neighborhood Commercial 2 land use designation, as approved by CUP13-190, and would continue serving the members of the community;

2. The project would ensure continued Neighborhood Compatibility, consistent with General Plan Policy LU-2.03. Neighborhood Compatibility, which states We require that commercial projects abutting residential neighborhoods be designed and operated to protect residents from the effects of noise, light, odors, vibration traffic, parking and other operational impacts ;

3. The project would reflect the Spanish architecture required by the Architectural Overlay (per Section 17.56.020.A.3.a of the SCMC and Urban Design Element Policy 5.07, which states
remodels may utilize either Spanish Colonial Revival or other Spanish Architecture on North El Camino Real between West Avenida Palizada and Calle Los Bolas, and on South El Camino Real between Avenida Rosa and Interstate-5, per the Design Guidelines. Spanish design elements are incorporated into the project with the use of stucco walls, arched openings, inset windows, Spanish tile roof, tower elements, arched elements, and wood eaves; and
B. The proposed project complies with zoning regulations, in that:

1. The project complies with all development standards of the NC2 Zone, including height, setbacks, lot coverage, floor area ratio and landscaping;

2. The required parking for the project is being accomplished through off-site shared parking between the different uses at the site and the parking lot at Bonita Park parking lot 150 feet from the subject property.

C. The proposed project is consistent with the City's Design Guidelines, in that:

1. The project would reflect the Spanish architecture required by the Architectural Overlay (per Section 17.56.020.A.3.a of the SCMC and Urban Design Element Policy 5.07
may utilize either Spanish Colonial Revival or other Spanish Architecture on North El Camino Real between West Avenida Palizada and Calle Los Bolas, and on South El Camino Real between Avenida Rosa and Interstate-5, per the Design Guidelines. ) with the incorporation of Spanish design elements, as identified in Section IV.G of the Design Guidelines, are incorporated into the project with the use of tower elements, stucco walls, arched openings, inset windows, Spanish tile roof, and wood eaves.

2. The arched hallway and openings on the front and rear elevations reflect The building components are
26 "
"
"New buildings and major building
"
"New buildings and major building remodels
"
Design Guideline, DG.11.2., which states, "
divided into parts scaled to human size."; and
Resolution No. PC 24-012 Page 4

3. The project provides articulation on each building elevation through the use of tower elements, 4/12 sloped roof, and a covered arched hallway at the entry to be consistent with Design Guidelines DG.II.B.3 and DG.II.C.3.b, Design buildings to be compatible in scale, mass and form with adjacent structures and the pattern of development for the commercial area and carefully design rear and side facades to be compatible with the principal facades of the building (DG.II.B.3.), and avoid long and unrelieved wall plane
D. The proposed development will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity, in that:

1. The project is subject to all applicable California Building Code and Orange County Fire Authority standards.

E. The proposed project is in character and compatible with the properties in the neighborhood, in that:

1. The subject neighborhood consists of commercial properties that line North El Camino Real with a mix of architectural styles that include a variety of elements, such as, but not limited to, one and two stories, wide and narrow building footprints, roof styles and pitches, building materials and forms, color palettes, front yard sizes and elements, and driveway depths. the structure complies with the NC2 development standards by complying with the maximum height of 33 feet and two stories.

2. standards and the
enhancement of the Spanish design will ensure its compatibility with the properties in the neighborhood; and
F. The proposed project complies with the purpose and intent of the Architectural Overlay District, in that:

G. The proposed project/use preserves and strengthens the pedestrianorientation of the district and/or San Clemente's historic identity as a Spanish village, in that:
27 which state, "
s (DG.11.C.3.b.)."
The project's compliance with the development
"New buildings and major building remodels
"
Resolution No. PC 24-012 Page 5

1. towers, arches, white stucco, red terra cotta tile roof, and full arches to comply with the General Plan Urban Design Element Policy 5.07 which states
Spanish Colonial Revival or other Spanish Architecture on North El Camino Real between West Avenida Palizada and Calle Los Bolas, and on South El Camino Real between Avenida Rosa and Interstate-5, per the Design Guidelines. 2. The front elevation with the arched hallway and openings reflect Design into parts scaled 3. The structure steps with the topography and from the rear/alley elevation the structure is only viewed as one story.

Section 4. Minor Conditional Use Permit Findings
With respect to Minor Conditional Use Permit (CUP) 22-430, the Planning Commission finds as follows:

A. The proposed use is permitted within the subject zone pursuant to the approval of a Minor Conditional Use Permit and complies with all the applicable provisions of this title, the San Clemente General Plan and the purpose and intent of the zone in which the use is being proposed.

1. The current religious use and shared parking was established with CUP13- 190 in 2013 to accommodate the mix of uses that operate in the facility at different times.

2. The proposed expansion of the religious facility complies with the applicable development standards for the NC2 zoning district in that project complies with the required setbacks, height, lot coverage, floor area ratio, and landscape coverage.

3. The request for off-site parking is consistent with General Plan Policy LU10.11. Parking Opportunities, w parking standards, provision of public parking spaces and incentives, we ensure adequate parking for residents, employees , and Policy LU-10.12 Shared Parking, which states
shared parking facilities and shared parking management techniques'' in that the use of off-site and shared parking allows the different operations/uses within the building to utilize the parking available on-site and when increased parking is required for Saturday Shabbat Services from 9:30 am to 11:30 am. If more than seven vehicles of congregants drive, the additional members are able to utilize the nearby Bonita Park parking lot to provide additional parking for members. The shared and off-site parking allows the mix of uses to operate without requiring an excess or parking onsite for the one religious service use which is limited to Saturdays from 9:30 am to 11:30 am.
28 The project's design enhances the Spanish architecture with the use of "New buildings and major building remodels may utilize either ll
Guideline, DG.11.2., which states, "The building components are divided to human size."
hich states "Through a combination of
and visitors"
"We encourage the development of
Resolution No. PC 24-012 Page 6

4. There should be no parking demand for Saturday Shabbat Service because the Jewish Sabbath prohibits work on Saturdays, which includes driving/riding in cars or utilizing other forms of transportation; therefore, the required off-site parking should not be needed; however, the applicant is proposing the off-site parking agreement to accommodate the zoning code parking demand for religious uses.

B. The site is suitable for the type and intensity of use that is proposed.

1. The proposed expansion of the Chabad Jewish Center complies with all of the applicable NC2 development standards and maintains the existing

2. The continuation of the shared parking for the facility under CUP13-190 allows the religious facility to operate efficiently without providing an excess of parking on-site for Saturday Shabbat Services from 9:30am to 11:30am.

3. The project includes off-site parking to accommodate the 68 congregants that will participate in the highest demand parking use for the religious facility which is on Saturday mornings and is supported by General Plan Policy LUcombination of parking standards, provision of public parking spaces and incentives, we ensure adequate parking for residents, employees and -site parking is only required for Saturday Shabbat
Services from 9:30am to 11:30am.

C. The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity.

1. The proposed remodel and addition of the Chabad Jewish Center complies with all of the applicable development standards for the NC2 zoning district.

2. The project will be review to ensure compliance with the Building Code and OCFA requirements to ensure all users of the facility are safe, and adjacent uses and properties are not impacted.

D. The proposed use will not negatively impact surrounding land uses.

1. The project does not involve a change of use but an expansion of the building and improved architectural design. The existing operations of the religious facility have not resulted in any impacts to the adjacent uses.

2. The project is conditioned to have the windows and doors closed during Shabbat Services to ensure there will not be the potential to generate noise that would level.

3. The project is conditioned to limit the Saturday service to seating for 68 participants to not exceed the available on-site and off-site parking 29 's
structure's footprint.

10.11. Parking Opportunities. Which states "Through a
visitors" as the off
exceed the City's Noise Ordinance
Resolution No. PC 24-012 Page 7
requirements.

Section 5. Planning Commission Approval.

Based on the foregoing recitals and findings, and the written and oral comments, facts, and evidence presented, the City of San Clemente Planning Commission approves Amended Development Permit (AM DP) 20-399 and a Conditional Use Permit (CUP) 22- 430, Chabad Jewish Center, subject to the Conditions of Approval set forth in Exhibit A, which is fully incorporated herein.

PASSED AND ADOPTED at a regular meeting of the City of San Clemente Planning Commission on June 5, 2024.
___________________________________ Chair
CERTIFICATION:

I HEREBY CERTIFY this Resolution was adopted at a regular meeting of the City of San Clemente Planning Commission on June 5, 2024, carried by the following roll call vote:

AYES: COMMISSIONERS:

NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS:

ABSENT: COMMISSIONERS: _______________________________________ Secretary of the Planning Commission 30 Resolution No. PC 24-012

EXHIBIT A
4891-2239-8914 v2

CONDITIONS OF APPROVAL
AMENDMENT TO DEVELOPMENT PERMIT 20-399 AND CONDITIONAL USE PERMIT 22-430, CHABAD JEWISH CENTER

1.0 GENERAL CONDITIONS OF APPROVAL 1.1 Within 30 days of receipt of the signed conditions of approval, the applicant shall submit to the City Planner a signed
acknowledgement concurring with all conditions of approval on a form to be provided by the City, unless an extension is granted by the City Planner.

Planning

1.2 The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City of San Clemente and its officers, employees, and agents from and against any claim, action, proceeding, fines, damages, e
fees, against the City, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Planner, Zoning Administrator, or City employees or environmental finding. Applicant shall pay all costs upon request by the City. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter at the to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter at the City shall have the right, at its own option, to do so and, if it does, the applicant shall promptly pay the City's full cost of the defense.

Planning

1.3 Use and development of this property shall be in substantial conformance with the approved plans and other applicable information submitted with this application, and with these conditions of approval. Any modifications to the project shall be reviewed by the City Planner in accordance with Zoning Ordinance Section 17.12.180.

Planning

1.4 The applicant shall comply with all applicable current and future provisions of the San Clemente Municipal Code, adopted
ordinances, and state laws.

All

1.5 Use of the subject property shall conform to all occupancy requirements, including posting of signs related to the maximum occupancy limitations.

Code
Comp
31 xpenses, and attorneys'
applicant's expense. The City reserves the right, at its own option, applicant's cost. If the applicant fails to so defend the matter, the Resolution No. PC 24-012 Page 2
Exhibit A
4891-2239-8914 v2

1.6 Within five business days of project approval, the applicant shall submit to the Planning Division a check made payable to the Orange County Clerk-Recorder in the amount of $50 for filing the CEQA Notice.

Planning

4.0 PRIOR TO ISSUANCE OF BUILDING PERMITS 4.1

4.2 4.3

4.4 4.5
The working drawings shall include within the first four pages a list of all conditions of approval included in this resolution.

In the event the project valuation is $50,000 or more per Municipal Code 12.08, the applicant shall be responsible for the construction of all required frontage improvements as approved by the City Engineer including but not limited to the following:

A. Sidewalk, including construction of compliant sidewalk along the property frontage and around obstructions such as the drive approach to meet current City standards (2% cross fall) when adequate right-of-way exists, unless a waiver is applied for and approved by the City Manager.

Since the street right-of-way along the alley is only 20 feet wide, an easement would be required to install sidewalk along this frontage, but it is anticipated that a waiver will be granted due to conflicts with existing private improvements..

B. Contractor shall replace any damaged street improvements resulting from construction activities to the satisfaction of the City Inspector. Additionally, projects with valuations of $50,000 or more are required to repair any existing damage to the sidewalk area.
(SCMC Chapter 15.36 and Sections 12.08.010, and 12.24.050) Prior to the issuance of a building permit the applicant shall obtain approval from the City Council to enter into a lease agreement with the City for the use of 10 parking spaces in Bonita Park parking lot.

The applicant shall demonstrate to the City Planner that the project has secured approval from the California Coastal Commission.

The building permit plans shall incorporate additional details into the elevations including bird stops, mortar packing, and gutters.

Planning
Public
Works
Planning
**
Planning
Planning
**

5.0 PRIOR TO FINAL INSPECTION 5.1

5.2 The applicant shall submit, and must obtain approval from the City Planner, a letter from a registered landscape architect confirming that landscaping and irrigation have been installed in accordance with the approved plans.

The applicant shall submit, and must obtain approval from the City Planning
Planning
32 Resolution No. PC 24-012 Page 3
Exhibit A
4891-2239-8914 v2

5.3 Planner, a letter from a registered landscape architect confirming that parkway trees have been planted and staked according to the approved landscape plans.

Surveys
Prior to approval of the framing inspection, the applicant shall submit, and must obtain approvals from the City Planner and Building Official, a survey prepared by a registered civil engineer that is licensed to do surveying or a land surveyor confirming that the height of all structures conforms to the dimensions set forth on the approved plans.

Planning
Building
Landscaping

5.5 The applicant shall submit, and must obtain approval from the City Planner, a letter from a registered landscape architect confirming that landscaping and irrigation have been installed in accordance with the approved plans.

Planning
Surveys 5.8 Prior to approval to pour foundations, the applicant shall submit, and must obtain approvals from the City Planner and Building Official, a survey prepared by a registered civil engineer that is licensed to do surveying or a land surveyor confirming that the building foundations conform to the required setbacks as set forth on the approved plans.

Planning
Building

7.0 OPERATIONAL CONDITIONS OF APPROVAL OPERATIONAL CONDITIONS OF APPROVAL 7.1

7.2 All exterior windows and doors shall remain closed when live entertainment (including religious music and performances) is being conducted.

If the use or operations of the religious facility changes and would result in an increase in parking demand for the use and/or property, including an increase of congregants who drive to Shabbat services on Saturday, the applicant shall obtain an amendment to CUP22- 430.

Code
Comp
Planning
**
* Denotes a modified Standard Condition of Approval
** Denotes a project-specific Condition of Approval
33 & L W \ R I 6 D Q & O H P H Q W H & R P P X Q L
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ATTACHMENT 2

ATTACHMENT
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36 ATTACHMENT 4
General Plan Consistency
Policies and Objectives Consistency Finding
Land Use Primary Goal 8: Provide a diversity
of land use areas that complement one
another and are characterized by differing
Consistent. The expansion of the Chabad
Jewish Center continues the diversity of the
uses commercial and residential uses in
North El Camino Real Area with its Saturday
service, religious studies, and Sunday
Hebrew School.

Land Use Element Policy LU-6.02, New
Private and Non-profit Uses: allow
compatible private and nonprofit recreation,
cultural, educational, institutional, and health
and social services and other similar uses in
areas designated for commercial or business
Consistent. The expansion of the Chabad
Jewish Center continues the diversity of the
North El Camino Real Area with Saturday
service, religious studies, and Sunday
Hebrew School. The use has been
established for 11 years and proven to be
compatible with the neighborhood.

Land Use Element Policy LU-6.03, Religious
Facilities.
existing and development of new religious
facilities in any land use zone where they are
Consistent. The proposed Chabad Jewish
Center project is the continuation of an
existing religious facility that has proven to be
compatible with the adjacent commercial and
residential uses.

Alternative Parking Strategies M-4.04, We
consider alternative parking strategies that
address multi-modal parking needs, improve
land use efficiency and enhance
environmental quality, such as use of energysaving/generating features, demand-based parking strategies, stacking, alternative
paving, and accommodating multiple uses. Consistent. The parking survey validates the use of a shared and off-site parking strategy
and between the church and City for the use
of parking at Bonita Park operate on Saturday
mornings at offset peak demand periods,
creating an efficient use of the parking
facilities.

Other Spanish Architecture UD-5.07, buildings and major building remodels may utilize either Spanish Colonial Revival or
other Spanish Architecture on North El
Camino Real between West Avenida
Palizada and Calle Los Bolas, and on South
El Camino Real between Avenida Rosa and
Interstate-5, per the Design Guidelines
Consistent. The project would incorporate
Spanish architecture required by the
Architectural Overlay as identified in Section
IV.G of the Design Guidelines, with the use of
tower elements, stucco walls, arched
openings, inset windows, Spanish tile roof,
and wood eaves
37 II
functional activities and intensities of use."
"We
park uses."
"We allow for the continuation of
compatible with adjacent uses."
II
"
"New
DAY CHABAD SURVEY TIME CHABAD # CARS B&GC SURVEY TIME B&GC # CARS Monday 2/6 6:00 PM 4 6:00 PM 0
Tuesday 2/7 9:00 AM - 4:00 PM 0 11:00 AM 3
Thursday 2/9 9:00 AM - 4:00 PM 0 12:00 PM 2
Saturday 2/11 10:00 AM 5 10:00 AM 10
Sunday 2/12 11:00 AM 6 10:00 AM 4
Monday 2/13 6:00 PM 5 6:00 PM 0
Tuesday 2/14 9:00 AM - 4:00 PM 0 11:00 AM 2
Thursday 2/16 9:00 AM - 4:00 PM 0 12:00 PM 4
Saturday 2/18 10:00 AM 7 10:00 AM 0
Sunday 2/19 11:00 AM 6 10:00 AM 4
Chabad Parking Survey 2/4 - 2/19
38 ATTACHMENT 5
A
Design Review Subcommittee (DRSC)
Meeting Date: December 14, 2022
PLANNER: John Ciampa, Senior Planner
SUBJECT: Amendment to Site Plan Permit (AM SPP) 20-399, Cultural Hertiage Permit (CHP) 22-429, and Conditional Use Permit (CUP) 22-430, Chabad Jewish Center Addition and
Remodel, 1306 N. El Camino Real: A request for a 1,479
square foot addition, remodel, and off-site parking for an existing institutional structure.

BACKGROUND:

The project site is an interior lot located at 1306 North El Camino Real in the Neighborhood Commercial Zoning District, Coastal Zone, Architectural and Affordable Housing Overlays (NC2-A-AH-CZ). See Attachment 1 for a location map. The site is developed with a 3,496 square foot institutional building with a Spanish design occupied by the Chabad Jewish Center. The religious facility conducts evening Bible study during the week, Saturday services, and Hebrew school on Sunday. The surrounding land uses include a hotel, office, and a mixed-use development to the north, multi-family residential uses to the south and west, and vacant land to the east.

In 2013, the Chabad Jewish Center obtained approval of a Conditional Use Permit (CUP13-190) to occupy the building and operate a religious use, school/tutoring (operated by the County of Orange). As part of the CUP, they obtained approval for shared parking to address the various uses at the site. Since the 2013 approvals, the facility is no longer operating the school/tutoring classes.

The project proposes a major remodel to the first and second floor, 1,479 square foot addition, and the conversion of the six garage parking spaces for the new sanctuary and a mezzanine for mechanical equipment. The project would result in the expansion of the building to 6,660 square feet. The updated façade would reflect the Spanish architecture required by the Architectural Overlay (per Section 9.56.020.A.3.a and Urban Design Element Policy 5.07). Spanish design elements, as identified in Section IV.G of the Design Guidelines, are incorporated into the project with the use of stucco walls, arched openings, inset windows, Spanish tile roof, and wood eaves. 39 ATTACHMENT 6
Figure 1: Rendering Perspective from N. El Camino Real
RECOMMENDATIONS:
design guidelines and Architectural Overlay District goals. Staff and the applicant seek DRSC feedback on the proposed design and a determination on whether the project may be forwarded to the Zoning Administrator for a public hearing.

Attachments:

1. Location Map

2. Site Photographs

3. Staff Recommendations

4. Development Plans
40 Staff recommends minor design changes to improve the project's consistency with 41 tn\ .
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1306 NORTH EL CAMINO REAL,
SAN CLEMENTE, CA 92672
Plan check #: AM SPP 20-399
OCFA plan check#: SR 278174
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TOTALWOH AREA: 6A,5CISF
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kobrodesigngn:,uplnc
17151 nev,,t,opest.su~e 108
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mbl: 71,..313.6815
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SPEC: SMOOTI-l.16GAUGE.

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SPEC- REDBLAZEOQ~. 6"X6" 11LE.6" TALLBASE.

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ceiling finishes
[ill] nEM: ACousnccaLJNGTl-E{SMOOTHWASHAIILE).

MANUf: USG!Al!MST~GOREQUAL
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LOCATIOO: TX2 BOH. VERF!' IIOH.

FLAMESPIIEAD:25
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~TION: :~~i~FOX.FLAT.
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ceiling finishes
[filJ ITEM: ACOUSTICCEllNGlLEISMOOTHW...SH ... BLfJ
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SPEC· SHEETROCK LA Y~N CB~G CUMA-PLUS, WHITE 050
LOCATION: 2')(2' BOH, VERFY B0H
FLAMESPREAD: 25.
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LOCATION: INTERIOR WALLS.

FLAMESPREAD:20.

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17151 nev,,t,opest.su~e 108
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.ALL PLANTE!R E1e0S TO Be AAeN:le:I Wlfl.l
SOIL F'QB'>MATICJ,1 SF'ECIFICATIONS.

NODEVIATIONSAREAU...OWBJ.

II . .ALL PLANTIJ\G 9-l.AU. EE Wl~Tm WITM
LOW va.u.E S"l,!A'r' I-EADS,~
fJNJKR eMITTS'S CCN£ClcD TO
AUTOMATIC lceMOT!!! ~L V/JJ...l/e!,
AN) AND TIED INTO .AN AUTOMATIC
l~TION C0NTRCU.ER.

PLANTING LEGEI\O
~
= :::::

LERCUSLEX

CSCIS CANAOENSIS
AGAVE. Vl.MOQINIANA
0 ALCO"'-"...-
""' 0 ALOE\IERA
0 C-"'"XP""'3A
FE'STUCA MAll.'el
@ LEYM.J5 C. 'CANYON F'QINCE"
0 ~ IAli!IGENS
© OLEA 'MCNTRA'
<Sf)~,.......,,
0 PS!Ol/$KIA ATI.'FLICFO..IA
&~ANDSCAPE AREA
~\/!$? /JlleA•
nRl"AlleA•
TOTAL L.AJ'OSCAPED Alc'EA
""""""'-' ""' = ................ .,
l"RUITt.e;sOU\11!! 36" BOX 3 W-TI
KI.LYOAK 24'BOX ' ST.,.,...,
....,.,.....,.,_., 24'BOX • ST.,.,...,
OCTOPl..1$ AGAl/e 15 GAL 4 ,....,_
"-'-".,.ALOI! 5 GAL. .. z.<:ro.c.
.AL(:e VS'A 5GAL 36 Z-6"0.C.

CAI..IFOQNIASB:>Ge ..... 73 l'-6"0.C.

MAllES"'50..e ..... 68 Z-6"0.C.

WILO~ 5G.Al.. & 19 3'-0" 0.C.
caa, GRASS 5GAL G 3'-0'0.C.

LITTLE OLIVE ..... 19 ,4'-0'0.C.
1-!Me1J,1f"O..NTAN SRASS5G.AL ., 3"-0'0.C.
la.65I.ANSAGe 5 GAL 16 3"-6' 0.C.

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LEGEND
Sl-la..BSJTia:ES - LOW WATEl2 USE~ 2.238 S.F. Ol.!IP 11.'G!IGATIONla..EB...S'S TOT AL L.Al"IOSC.APE Al2EA - 2.258 SF.
-
Maximum App,tll!!d Wall!lr A11owan.c4' IM.A. W.A..)
Calculate ll'le project's Maximum Applied Water Allowance using the following formula:

MAWA (Annual Gallons Allowed)• (ETo) (0.62) [ (ETAF x LA)-+- ((1 - ETAF) xSLA)] Where:

MAWA Ma,;imum Applied Wolter AII0WiHlCe (gill Ions per yeilr)

0.62 corwe~ionFactor

0.7 ET Adjustment Factor
ETAF 0.55 for Rllsidllntial Areas & 0.45 lor Ncn-residentlal ArBa!I LA Lend!w:llp11An!alnclud1111Spaclall.8rdscapeArea(sq.ll:.) SLA SpacialLandlcapaAru(aq.11:.)
ETc Refartn~ (inchH per year). ~0- 13 I
Tctal LandscapeAreaQncluding SLA) (LA) ::~square feet
Speciel Ulnd!ICtlpeAree (SLA) • _0 __ ¥QUera foot
_,leaseSliowCalrulatlon:

50.13X 0l!l2(1l 45X2,2J8)
31 .1l8(1007tj
MAWA .,3,1 :,0-1 0,l,Ll,.QNS

IRRIGATION MAINTENANCE SCHEDULE
I, AN INSFECTION OF VALVES, Cl..llCK Al'O OTl-a.! Pl<ESSl.RIZED ABOVE GQO...tO COI\N:CTIONS SHALL EE PEl.'FOl2M:O ON A MINIM..M MONTl-l. Y BASIS. A SI..MIA.AR'r OF INSPECTIONS Sl-lALl. 8E DOa.J\.e,lTED IN A MONT1-L Y ~- Tl-IS~ SI-I.AU. EE Sl.EIMITTED TO TI-E O'v'-N:R'.

2. INSPECTION OF llc!RIGATION El..E!EI..El2 I-EADS Al'O SPRAY I-EADS NOZZL.eS TO ~12ECT ALIGf'll,,.B,l'T, a...EAl2 LATEl2ALS, AD.UST LOCATION, a..EAN sa;EENS AK> !;!EPAI!;! DAMAGED I-EADS Sl-lAI..L BE PERFOQIYEO TWICE PS! 'T'EAl2 (6 MONTI-I INTB?VALS). 000 • ..J.Bff N A MONTI-LY 12EP~ TO TI-E 0~.

3. MAI~~ SHALL 0..EAN W IGATION C~ AT LEAST
Cll',CE PEQ YEAR' .Af\O 9-W..L BE l<ES='ONSla.E TO KEEP CONTQOU.ER .Af\O B'JCI..OSI.RE PEST Af'O MILDEW FREE. S--IALL BE: SB?VICEO Af'O a-eo:EO BY QUALIFIED TECI-INICIAN ON A Bl·Al'N..JAL BASIS. DOCLM:NT SERVICE IN MONn-l. Y l.!EPOQT,

4. SET NC> ~AM AUTOMATIC~~ SEASONAL WATS!
lo!EOUIREM:NTS GIVE TI-E OWN=R OR 1-1IS REPRESENTATIVE A COPY OF n-e TIMING $0-EDU.E BY SEASON. Al'O A KEY TO TI-E CO~ Al'O
INSTm.C'TIONS ON I-IOW TO Tl.J.!N SYSTEM OFF IN AN e.e.!GENCY. A CON~ Q...I.AQT '1B"L..ECTING ALL a....Rl<ENT AS B..JIL T CONOITIONS 9-W..L 8E l<&T IN TI-E CONTROl...l.8< CABIJ\ET. A COPY SI-I.AU. ee: PROVIDED n.lE CNMS>.

5. MAI~ PB.'SON'e... SHALL BE lcESPONSIBLE FOl2 MAKING s...RE IQQIGATION SYSTEM IS NOT ACTUATED DI.RING A RAINSTORM. TI-E MAI~ F6lSCNe... SHALL 0-ECK RAIN Cl-ECK DEVICE FOR Pl:?OP6? W00::ING OROEI.'.

6. MAI~ SHALL. 00 A 'M33<L Y BASIS, VISJ.Ail Y INSPECT
IQQIGATION SYSTEM FOR DAMAGES. A Sl.JM\'1.AR'Y SI-IAU.. BE: 000..JMENTB:l IN A MONTI-LYREPCQ'f.

7. PRIOR TO MA~ Tl<ENCI-IING OR EXCAVATION, MAINTB\IANCE SHALL CONTACT UTILITY LOCATOR~ SB<VICE AL.B.'TI.

8. smYICE BAo::R..OW Plo!EVENTION LNIT Bl·Af>N.JAJ...LY, SERVICE SI-IAJ...L BE F'El2F00ED BY QUALIFIED SB?VICE F'ERSCIN'e....

9. MAIf'J"181.Af\CE F'El2$0N\EI... SHALL INSPECT ALL VU.VE BQ)(ES ON A Bl·ANNJAL BASIS TO a.EAR OF INSECTS, ETC.

10. MAIN'TBl,t>J\CE PEQSON\El... SHALL OP51ATE ALL BALL VALVES ONCE PB2 'r'EAl2 TO KEEP IN PROPBc WOlcKING ~.

WATER CONSERVATION STATEMENT
I. AU. PLANT MATERIJ!L..S SELECTED FOR n.llS SITE 1/.JBi!E tiPPROPRIATE FOR Tl-IE GEOGQAA-ICAL LOOATION Al'O LOOAL CLIMATE. TM::I1:? ADAPT.ABILITY TO~. DATA FROM 'M..JCOLS Ill I-IAS BEB'II USED FOl2 CE'f'S!MINING SPECES F'I..ANT FACTOQS FOQ TI-E WATER USE CU..CUATIONS.

2. F'I..ANTS Wm.I SIMILAl2 WATS! USE~ WEl2E Gl20l.F'ED
TOGETI-ea.

2. 5l-l<LB AREAS ARE PLANTED Win.I LOW WATS! USE PLANTS. 4, lra:?IGATIQ\I SECTIClNSJ1...«0R020'ES A1o!E SEPARATED BY CONSIOERN3 Ft.ANT S"ECIES FACTOQ, R..ANT DENSITY /JHJ MICQOO...IMATE IF LOW WATER USE Pl.ANTS ARE MIXB) WITI-I MODERATE WATER USE Ft.ANTS IN ™~ 1-fYOl,!QZOr,.e T1--e WA~!<' us~ l'""ACTOR IS~ l'"'CQ Tl-IE WA~ USE C.ALCll.ATION. SEE MINEI..O CALC. $-EETS. 5, n.lE I1.!RIGATION SYSTEM UTILIZES LOW-l/0....Lt,,E DISTRB.JTION Wt A MASTER VALVE. Ft.OW SENSOI:?, a-ea< VALVES, ET 8ASeD AUTOMATIC~ W/ WA 15? BJ:IGETING TECI-NOLOGY e RAIN SI-IJT-QFF.

6. SPECIAL LANDSCAPE AREAS (CQIJSI-.ED l:?OCIO ARE UTILIZED TO RECUCE WATER USE AREAS.

E.4tlmatl!-d T.otal W;ater Uu jE_T.W.U.) Li:,.

Calcuate the project's Estinated Total Water Use using the formula below. (A worksheet tor calculating hi ETWU is included on pega 5.) Tha s1.n1 of Eatmatad To1al \'Valer Uu calculated for all hydrozones should not exoeed the project's MAWA{>AA.WA > ETW\J).

ETWU (Annual Gallons Required) • ETo x 0.62 x ETAF x Area ETo ..

0.62 ., ConversionFactor
ETAF = 0.55 for Residential Areas & 0.45 for Non-resid&mal Areas Area = l.andscapeAraaindudesSpecialLandscapaArea(sq.fl.) Prqect ETWU Calculation (Attach Additional Sheets for Additional Z.ones. If Needed) Total LandscapeArea(lncludingSLA)(lA)::~Sq. Feet
Special Landscape Area (Sl.A):: ____ Sq. Feat
-~· Plant lrrlgallor ~:~~tin: I [~;~;) Factor Method (IE)' (PF) La~~ l ~x SHRUB [03 MP ;o._e1 ..,, .. ,. 7e0.t0 123,_~
TREES IU BUBBLER ID l_5
ETWUTota1 12&,a:a,
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. -i.-: •-- . 'lmo;JafoaMIIIOOd 1 m loig,100Eflbacq 5' 10' 15' 30' ::_,_ .. _ ~~.:;-'·- ::::='.... ~- fH ll-i l ________________________________________________________ ~~......, ~·;...., ~~-~-:::::~::::'.:::=::'.:::::::'.::'.:::=::'.::::::'.:::::::::::::::::'.:::::::'.:::::::::::.:...::s==:.:'_: '-_:'°:_:.(J':..._ ______ ..=~~------.;;;- L-1.1 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: June 17, 2025 Agenda Item: 11R.

Submitted By: Public Works
Prepared By: Zak Ponsen, Assistant City Engineer
Dave Rebensdorf, Public Works Director/City Engineer
Subject:
..titl e

CONSIDERATION OF A RESOLUTION REGARDING RED CURB INSTALLATION AT THE DRIVEWAY OF THE SEVILLE SENIOR COMMUNITY LOCATED AT 2421 CALLE

FRONTERA, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR SECTION 15301) OF THE STATE CEQA GUIDELINES ..body Fiscal Impact:

The cost for painting the curbs (approximately $1,000) is available in the City Maintenance Department’s Street Sign Replacement Program, Project No. 21306.

Summary:

The purpose of this report is to present the findings and recommendations regarding red curb installation for the driveway of The Seville Senior Community. The proposed change aims to improve access and visibility for the private driveway of the senior apartments.

Background:

Per the General Plan Mobility Element, Calle Frontera is a collector street. The road is 46 feet wide and has a 30 MPH speed limit adjacent to the subject property. Parking is allowed on both sides of the street.

The management team of The Seville has identified a concern regarding parked cars obstructing visibility for drivers at the subject driveway. In response, they have requested the installation of red curbs to enhance safety. Staff has collaborated with the team to explore solutions that address the visibility issue while minimizing the impact on available street parking.

Discussion:

Staff recommends the following change as shown in Attachment 1 in the area:

1. Install 20-foot and 40-foot red curbs on the east and west sides of the driveway for 2421 Calle Frontera (The Seville Senior Community), respectively.

The proposed red curb will mark the area where parking is not allowed on the public street on the east and west side of the driveway. This will enhance the visibility and accessibility of the driveway. The proposed red curbs were reviewed by the Planning Commission on May 21, 2025.

The item was unanimously recommended by the Planning Commission for City Council approval. 1 Meeting Date: June 17, 2025 Agenda Item: 11R.

CITY OF SAN CLEMENTE
Council Options:
 Adopt Resolution No. 25-101, approving the parking modification as shown on Attachment 1 and finding the project categorically exempt from CEQA.  Adopt Resolution No. 25-101 with modifications.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 25-101 and deny the request for parking modification.

Environmental Review/Analysis:

The Planning Commission and staff recommend that the City Council determine this action to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

Recommended Actions:

Planning Commissions and Staff Recommendation ..recommendation Planning Commission and Staff recommend that the City Council approve Resolution No. 25-101, which would take the following actions:

1. Find the project categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines; and

2. Approve the red curb installation as illustrated in Attachment 1. ..end
Attachment:

1. Location Map - Proposed Measure

2. Resolution No. 25-101
Notification:

Staff emailed the notice to the management team of The Seville which is within 300 feet of the subject area to inform them that the City Council would discuss the subject matter at this meeting. 2 ·3:
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AVENIDA OLIVIA
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Driveway
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Highland Light
Community

CALLE FRONTERA
The Seville
Senior Community
-- - PROPOSED RED CURB/ND-PARKING
111111 - EXISTING RED CURB/ND-PARKING
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City of San Clemente
Engineering Division
910 Calle N egocio
San Clemente, CA 92673
www.san.clemente.org

LOCATION MAP

PROPOSED PARKING PROHIBITION
at 2421 CALLE FRONTERA
"'-----------------------------------
Attachment 1
3 utocad engr s\traflic\locati
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-- --
--. - ..____
0 2217
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2421
u 2213
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Attachment 2
RESOLUTION NO. 25-101

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AMENDING MASTER
TRAFFIC RESOLUTION NO. 1846, ESTABLISHING ‘NO

PARKING AREAS ON CALLE FRONTERA, AND FINDING

THE PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR SECTION
15301) OF THE STATE CEQA GUIDELINES
WHEREAS, the City has received complaints related to parking conditions on Calle Frontera at the driveway of 2421 Calle Frontera; and
WHEREAS, the City has reviewed the parking locations and the City desires to improve safety and traffic conditions in the area; and
WHEREAS, the City of San Clemente Planning Commission (“Planning Commission”), at its regular meeting of May 21, 2025, made a recommendation to the City of San Clemente City Council (“City Council”) to approve the parking prohibitions at the locations listed below; and
WHEREAS, the City Council has considered the recommendation by the Planning Commission, the information provided by City staff and any information provided by the public at or before the June 17, 2025 City Council meeting, and City Council now wishes to implement the recommended parking prohibitions.

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

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

SECTION 2. That the project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of minor alteration of existing public structures, facilities or topographical features, involving negligible or no expansion of existing or former use and there is no possibility of a direct or foreseeably indirect effect on the environment.

SECTION 3. That the Master Traffic Resolution No. 1846, Section 23, entitled “No Parking Areas”, is hereby amended by adding subsections 23.f-7 and 23.f-8 to read as follows:

23.f-7 Frontera, Calle, 20 feet east of the driveway at 2421 Calle Frontera.

23.f-8 Frontera, Calle, 40 feet west of the driveway at 2421 Calle Frontera. 4 Resolution No. 25-101 Page 2
SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of June, 2025.

ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, Laura Campagnolo, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-101 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of June, 2025, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ___________, _____. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
5 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: June 17, 2025 Agenda Item: 11S.

Submitted By: City Manager
Prepared By: Leslea Meyerhoff, Coastal Administrator
Subject:
..titl e

ACCEPTANCE OF GRANT FROM CALIFORNIA COASTAL COMMISSION, AUTHORIZING

AN APPROPRIATION, AWARDING PROFESSIONAL SERVICES AGREEMENTS TO CETO CONSULTING, LLC AND SURFLINE/WAVETRACK, INC. AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEEMENTS ..body
Fiscal Impact:

The City has been awarded a $50,000 grant from the California Coastal Commission (CCC) to collect and analyze beach attendance data. Staff support will also be used to coordinate implementation of the grant-funded study. Acceptance of the grant will require authorization of a budget adjustment of $50,000 in the General Fund revenue account for Other State Grants, and will be offset be a supplemental appropriation for the expenditures in the General Fund account for Other Contractual Services.

Summary:

The purpose of this item is to 1) receive the grant funding and 2) authorize a supplemental appropriation to spend the grant funds, and 3) enter into professional services agreements with Ceto Consulting, LLC and Surfline/Wavetrak, Inc. to conduct the project in coordination with the City.

Background:

In March 2025, the City Council adopted Resolution 25-29, authorizing the submittal of a grant application to the CCC to conduct a beach attendance and fiscal impact analysis study of the City’s beaches.

All beach sand projects require a positive cost to benefit (BCR) ratio. Calculation of the BCR depends on beach attendance data as one critical piece of information. This study would collect beach attendance data and would result in a fiscal impact analysis of the beach in San Clemente which could be used to support future investment in the beach. The City submitted a request for $50,000 from the state for this project. This grant does not require a local cost share match, though in-kind contributions of staff time will be used to support this analysis.

Discussion:

The City’s sandy beach is a valuable coastal resource in the City that provides a multitude of public benefits. The beach is valued for public enjoyment for residents and visitors, for community well-being and quality of life. The sandy beach also provides essential protection of infrastructure and existing structures in the City from current coastal erosion and future conditions. 1 Meeting Date: June 17, 2025 Agenda Item: 11S.

CITY OF SAN CLEMENTE
Building on the City’s 2021 Coastal Resiliency Plan, City staff are currently working on a wide variety of projects intended to build and bolster long term coastal resiliency in San Clemente.

There is currently no dedicated source of funding or revenue stream for coastal projects in San Clemente so staff is pursuing a wide range of grant funding opportunities to advance coastal projects including funding for beach sand replenishment, municipal Pier repairs and maintenance, sand retention projects as a companion to beach sand replenishment, and a beach attendance and fiscal impact study of the beach.

Council Options:
 Adopt Resolution No. 25-102, which would approve receipt of the grant funding, award and authorize the City Manager to execute the contracts beach monitoring services, and authorize a supplemental appropriation for the related revenue and expenditures.  Modify and adopt Resolution No. 25-102.
 Continue the Item and direct staff to provide additional information.  Deny the request to adopt Resolution No. 25-102 and allow the grant opportunity to expire.

Environmental Review/Analysis:

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

Recommended Actions:

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

Adopt Resolution No. 25-102 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, ACCEPTING A GRANT AWARD FROM THE CALIFORNIA

COASTAL COMMISSION FOR FUNDING TO CONDUCT A BEACH ATTENDANCE AND

FISCAL IMPACT ANALYSIS OF THE BEACH STUDY, AWARDING PROFESSIONAL SERVICES AGREEMENTS TO CETO CONSULTING, LLC AND SURFLINE/WAVETRAK, INC.

RELATED THERETO AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS”
..end
Attachment:

1. Resolution 25-102

2. Professional Services Agreement with Ceto Consulting, LLC

3. Professional Services Agreement with Surfline/Wavetrak, Inc Notification:

None.
2 Attachment 1
RESOLUTION NO. 25-102

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ACCEPTING A GRANT

AWARD FROM THE CALIFORNIA COASTAL COMMISSION

FOR FUNDING TO CONDUCT A BEACH ATTENDANCE

AND FISCAL IMPACT ANALYSIS OF THE BEACH STUDY,

AWARDING PROFESSIONAL SERVICES AGREEMENTS

TO CETO CONSULTING, LLC AND
SURFLINE/WAVETRAK, INC. RELATED THERETO AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE
..body AGREEMENTS
WHEREAS, coastal erosion is a very significant problem in the City of San Clemente that threatens the public beaches, coastal public access, key public facilities, existing structures, and critical public infrastructure; and WHEREAS, based on emergency conditions on City beaches where there is no dry sand at high tide and public beaches, existing structures and critical public infrastructure is subject to direct wave attack and being undermined; and WHEREAS, the City has begun implementing a comprehensive, citywide coastal resiliency strategy using beach sand replenishment and sand retention as the primary means of restoring the sandy beach in the City; and
WHEREAS, the City is seeking grant funding to collect data on beach attendance and to conduct a fiscal impact analysis of the beaches as part of the City’s Local Coastal Program; and
WHEREAS, the California Coastal Commission (CCC) has been a funding partner for the City on various Local Coastal Program elements; and WHEREAS, the CCC issued a solicitation in 2025 seeking grant applications from local agencies seeking funding for Local Coastal Program related studies and projects; and the CCC invited the City to submit a grant application in response to an inquiry for the subject study; and
WHEREAS, the City staff submitted the grant application to the CCC and was successful and has been awarded a new $50,000 grant which is available on a reimbursement basis.

NOW THEREFORE, the City Council of the City of San Clemente, California, does hereby find, determine, and resolve as follows:

Section 1. The foregoing recitations are true, correct, and incorporated herein. 3 Resolution No. 25-102 Page 2
4890-6752-0111 v4
Section 2. The City Manager, or his designee, is authorized and directed to enter into an agreement with CCC for the grant awarded to the City and to receive the grant funding in the amount of $50,000.

Section 3. The City Council authorizes a supplemental appropriation in the General Fund in the amount of $50,000 to account for the expenditure of the grant funds.

Section 4. That a Professional Services Agreement is hereby awarded to Ceto Consulting, LLC and the City Manager is authorized to execute it in a form substantially similar to that presented to the City Council on June 17, 2025.

Section 5. That a Professional Services Agreement is hereby awarded to Surfline/Wavetrak, Inc. and the City Manager is authorized to execute it in a form substantially similar to that presented to the City Council on June 17, 2025.

Section 6. That City staff is authorized and directed to take such actions as are necessary or proper to fulfill the purpose and intent of this Resolution and/or proceed with the Study.

Section 7. That the City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this 17th day of June, 2025.

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-102 was adopted at a regular meeting of the City Council of the City of San Clemente held on the 17th day of June, 2025, by the following vote:

AYES:

NOES:

ABSENT:

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this __ day of June, 2025, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio, San Clemente, California, 92673 ("City") and Ceto Consulting, LLC, a California limited liability corporation with its principal place of business at 544 Havenside Avenue, Newbury Park California, 93120 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional data capture and analyzation consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional data capture and analyzation consulting services to public clients, is licensed in the State of California, if applicable, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional consulting services for the data capture and analyzation for the City’s Local Coastal Program ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional data capture and analyzation consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall commence upon all parties executing this Agreement and shall remain in effect until all designated funds for this Agreement are expended, until the Services are completed to the City’s satisfaction, or until the Agreement is terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 6 55452.01100\31193624.5
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3.2 Responsibilities of Consultant.

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

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control, the City being only concerned with the finished results of the work being performed. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be solely responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Neither Consultant nor Consultant's employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, retirement benefits, workers’ compensation benefits, injury leave or other leave benefits. Consultant is solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.

3.2.2 PERS Eligibility and Employee Payments Indemnification. In the event that Consultant's employee providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions that would otherwise be the responsibility of the City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant's employees providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation and benefit including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contributions to be paid by City for employer contributions and/or employee contributions for PERS benefits. Consultant agrees to defend and indemnify the City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the PERS, social security, salary or wages, overtime payment, or workers’ compensation payment that the City may be required to make for work done under this Agreement. The provisions of this section 3.2.2 are continuing obligations that shall survive expiration or termination of this Agreement.

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

3.2.4 Force Majeure. Neither party shall be liable for any failure to perform or any impairment to its performance to the extent such failure or impairment is caused by (i) any 7 55452.01100\31193624.5
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act of God, fire, flood, natural catastrophe, labor dispute or strike or shortage, national or state emergency, epidemic or pandemic, insurrection, riot, act of terrorism, war, or act of government, and/or (iii) any other event, occurrence or circumstance beyond the reasonable control of either party (each, a “Force Majeure Event”) and such party gives notice of the Force Majeure Event within ten (10) days together with a description of the anticipated impairment or failure and its duration and such party resumes performs immediately upon conclusion of the Force Majeure Event.

3.2.5 Endorsement on PS&E/ Other Data. Consultant shall sign all plans, specifications, estimates (PS&E) and engineering data furnished by Consultant, and where appropriate will indicate Consultant’s authorized signature and professional registration number.

3.2.6 Conformance to Applicable Requirements. All work prepared by Consultant shall be in accordance with the Standard of Care as stated in this Agreement, subject to the City’s determination of conformance to such applicable requirements.

3.2.7 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Kiersten Patsch, Ph.D., Principal Consultant

3.2.8 City's Representative. The City hereby designates Andy Hall, City Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

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

3.2.10 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
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3.2.11 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant represents that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

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

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

3.2.13 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.14 Insurance. Consultant agrees to procure and maintain, at Consultant’s expense all insurance specified in Exhibit “C” attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.
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3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed THIRTY-SEVEN THOUSAND DOLLARS ($37,000.00) without written approval of the City Council or City Manager as applicable. Extra Work may be previously authorized by the City in writing, as described below, and if so authorized, will be compensated at the rates and manner set forth in this Agreement.

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

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

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

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

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

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

3.3.6 Labor Code Requirements.

3.3.6.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.6.2 Registration. If the Services are being performed as part of an 10 55452.01100\31193624.5
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applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to Services performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. City may not terminate this Agreement for cause without giving the Consultant notice and at least a ten (10) day opportunity to cure. Consultant may not terminate this Agreement except for cause.

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

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

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

Consultant: Ceto Consulting, LLC.
544 Havenside Avenue
Newbury Park, CA 91320
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ATTN: Kiersten Patsch, Ph.D., Principal Consultant
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Andy Hall, City Manager and Laura Campagnolo, City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Notwithstanding the foregoing, the Parties agree that Consultant’s database is designed and owned by Consultant.

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

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

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall 12 55452.01100\31193624.5
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indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

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

3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

3.5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s approval), indemnify the City, its directors, officials, officers, employees, volunteers and agents from third-party claims, demands, causes of action, costs (including attorney fees), fees, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent caused by the active or passive negligence, act, error, or omission illegal or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement. Consultant’s obligation to indemnify shall not be restricted by any insurance provisions nor limited by availability of insurance proceeds.

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

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

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

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

3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
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3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

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

3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

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

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

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

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

3.5.18 Prohibited Interests. Consultant maintains and represents that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this representation, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or 14 55452.01100\31193624.5
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termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

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

3.5.22 Counterparts/Electronic Signatures. This Agreement may be signed in counterparts, each of which shall constitute an original. This Agreement may be signed with the same force and effect as original ink signatures.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
By:_______________________________
Andy Hall, City Manager
ATTEST: Dated: __________________
_____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization

CETO Consulting, LLC.,
a California limited liability corporation
(CONSULTANT)

By:_____________________________
Kiersten Patsch, Ph.D., Principal Consultant
Dated: __________________
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EXHIBIT "A"

SCOPE OF SERVICES
Consultant shall perform the following services (collectively, “Services”) for the City to the City’s satisfaction:

Task 1. Project Initiation and Setup

1. Project Kickoff with City staff and provide support for new camera installation. Provide data request to City for Placer ai data needs.

Task 2. Description of Methods

1. Data Capture and Processing:

Using the new camera, the project team will collect daily data on hourly attendance during daylight hours for 8 to 10 months, including the high season. Surfline’s camera placement will allow the team to estimate attendance at San Clemente’s main beach, both north and south of the pier, as well as at T-Street, which comprises the bulk of the City’s beach attendance.

2. Cellphone-Derived Visitation Data:

Ceto, in partnership with Surfline, will analyze anonymized mobile device location data provided by Placer.ai to estimate beach visitation in the same geographic areas observed by Surfline’s cameras. Custom polygons will be drawn to match each camera’s field of view, ensuring alignment between video-based counts and cellphone-derived datasets. This integrated approach will allow the team to assess daily and hourly visitation, length of stay, and seasonal trends.

The dataset includes anonymized information about each visitor’s home census block group, which supports demographic and spatial analysis while maintaining privacy. By overlaying this data with CalEnviroScreen 4.0 and identifying SB535-designated Disadvantaged Communities (DACs), the project will evaluate how many visitors originate from environmentally burdened or underserved areas. These insights will support an environmental justice framework and provide a clearer picture of regional equity in coastal access.

Knowing the general area of origin also allows the team to estimate visitor travel cost, the likelihood of overnight stays, and the broader economic implications of visitation.

Ceto has used this methodology in other coastal planning efforts across Southern California, including work with Los Angeles County. This mobility data allows the team to determine:
a) how many people visit each beach polygon,
b) how long they stay, and
c) their general place of residence, identified at the census block group level.

All data is collected and analyzed in a fully anonymized and aggregated format.

Placer.ai Data Privacy and Methodology: All findings are presented at a population scale, with no personally identifiable information included. 17 55452.01100\31193624.5
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Task 3. Results and Analysis

1. Attendance Data Analysis:

The team will compile and analyze beach attendance data from the past year, and potentially from prior years if historical data is available. The primary goals of this analysis are:
 To model daily attendance, including identification of “peak” days when beach capacity may be exceeded (for example, July 4), which can help inform management and resource allocation.
 To model hourly attendance patterns during the day, along with analysis of where and how beach users access different areas of the beach at specific times.  To model the “visitor-shed,” including analysis of visitation from inland communities and the recreational activities visitors pursue while at San Clemente’s beaches. This analysis will incorporate CalEnviroScreen 4.0 and SB535-designated Disadvantaged Communities (DACs) to evaluate how many visitors originate from environmentally burdened or underserved areas. The project will also describe socioeconomic and demographic patterns using an environmental justice lens, including spatial overlays and interpretation of disparities in coastal access.  To model how surfing activity differs from other forms of beach recreation, including variations by time of day, location, and visitor demographics.  To estimate the economic impacts of beach visitation, including spending levels, sales tax revenue, and transient occupancy tax revenue, with disaggregation by beach area where feasible.

2. Sea Level Rise and Adaptation Considerations:

Ceto will outline how projected SLR and coastal erosion may impact the future “carrying capacity” of San Clemente’s beaches. The analysis will draw from existing SLR studies to evaluate what beach loss could mean for beach attendance, economic inputs, and the equitable distribution of recreational benefits. In light of the attendance and economic data, the project will also consider whether there are recommendations for future adaptation strategies, including potential refinements to local adaptation goals. These recommendations will be informed by how physical changes to the beach may affect access, equity, and fiscal impacts.

Task 4. Draft and Final Report

1. The team will prepare a comprehensive report summarizing findings and recommendations from the project. This report will be made available on the City of San Clemente’s website (City LCP Page).

2. The report will include guidance on how the State and local jurisdictions can improve the collection and management of beach attendance data. It will also address how the study’s findings can inform the City’s long-range planning for sea level rise.

3. Based on the results, the report may recommend strategies to increase coastal recreation opportunities, particularly for underserved communities. It may also suggest methods to maintain and update a reliable baseline for beach attendance over time.

Additional recommendations may relate to coastal adaptation planning, improvements to public services, and the evaluation of potential beach nourishment projects. 18 55452.01100\31193624.5
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EXHIBIT "B"

SCHEDULE OF SERVICES
A. SCHEDULE
Project start/end dates: April 1, 2025 (or grant agreement execution date) – June 30, 2026 Task 1. Project Initiation and Setup May 1, 2025/May 15, 2025

1.1 New Camera Installation May 1, 2025/June 15, 2025
Outcome/Deliverables:
a. Camera Installed on Pier
a. June 15, 2025
Task 2. Description of Methods June 15, 2025/Aug 30, 2025

2.1 Data Capture and Processing June 15, 2025/ Aug 30, 2025

2.2 Analyze Cell Phone Data June 15, 2025/ Aug 30, 2025 Outcome/Deliverables:
a. Memo re: Methods a. Aug 30, 2025
Task 3. Results and Analysis Sept 1, 2025/May 1, 2026

3.1 Attendance Data Analysis Sept 1, 2025/May 1, 2026
Outcome/Deliverables
a. Memo re: Results a. May 1, 2026
Task 4. Draft and Final Report Sept 1, 2025/Aug 31, 2026

4.1 Draft Report Sept 1, 2025/Aug 31, 2026
Outcome/Deliverables
a. Final Report a. Aug 31, 2026
Task 5. LCP Amendment Sept 1, 2025/December 31, 2026

5.1 Draft LCP Amendment b. January 1, 2026/June 30, 2026

5.2 Final LCP Amendment c. June 30, 2026 / December 31, 2026 Outcome/Deliverables
a. Final LCP Amendment December 31, 2026
B. BENCHMARK SCHEDULE [LCPs ONLY-Please include a list of benchmarks, or milestones, with completion date, that can be used to track whether the project is progressing according to the schedule. This can be copied from the application and modified as needed.]

ACTIVITY COMPLETION DATE
Task 1: Camera Installation and Setup June 15, 2025
Task 2: Memo on Methodology for collecting data
and explanation of how data will be used
August 30, 2025
Task 3: Memo on Draft Findings and Analysis May 1, 2026 Tasl 4: Final Report Completed August 30, 2026
Task 5: LCP Amendment December 31, 2026
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EXHIBIT “C”

INSURANCE REQUIREMENTS

3.2.12 Insurance.

3.2.12.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. (E) Cyber Liability Insurance with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, 20 55452.01100\31193624.5
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business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

3.2.12.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.12.4 Professional Liability (Errors & Omissions):
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.

3.2.12.5 Workers' Compensation:
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other 21 55452.01100\31193624.5
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insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.12.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

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

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

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

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

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
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3.2.12.13 Requirements Not Limiting. If the Consultant carries insurance with coverages or limits beyond the minimum requirements set forth herein, those coverages and limits shall be available.

3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
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EXHIBIT “D”

COMPENSATION
In full compensation for the Services provided under the Agreement, the City shall pay the Consultant for actual work performed at the rates below, not to exceed a total of $37,000.00:

Jurisdiction Name CCC Grant Total Match/Other
Funds
Total (LCP Grant
Funds + Match/
Other Funds)
LABOR COSTS1
County/City Staff Labor
Task 1 – Setup $0 $500 $500
Task 2 – Methods $0 $500 $500
Task 3 – Results $0 $2,000 $2,000
Task 4 – Final Report $0 $4,000 $4,000
Task 5 – LCP Amendment $0 $5,000 $5,000
Total Labor Costs $0 $12,000 $12,000

DIRECT COSTS
County/City Staff Project Supplies
Analysis Materials Cost $15,000 $15,000
Total $15,000 $15,000
County/City Staff Travel in State2
Mileage $0 $0
Hotel, etc. $0 $0
Total $0 $0
Consultants3/Partners
Consultant – Ceto
Task 1 – Setup $3,000 $3,000
Task 2 – Methods $8,000 $8,000
Task 3 – Results $8,000 $8,000
Task 4 – Final Report $6,000 $6,000
Task 5 – LCP Amendment $0 $0
Additional Task: Fiscal
Impacts $12,000 $12,000
Consultant – Surfline
Task 1 – Setup $2,000 $2,000
Task 2 – Methods $1,000 $1,000
Task 3 – Results $2,000 $2,000

1 Amount requested should include total for salary and benefits. 2 Travel reimbursement rates are the same as similarly situated state employees. 3 All consultants must be selected pursuant to a bidding and procurement process that complies with all applicable laws. 24 55452.01100\31193624.5
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Jurisdiction Name CCC Grant Total Match/Other
Funds
Total (LCP Grant
Funds + Match/
Other Funds)
Task 4 – Final Report $2,000 $2,000
Task 5 – LCP Amendment $0 $0
Consultants Total $44,000 $44,000
Total Direct Costs $59,000 $59,000
OVERHEAD/INDIRECT COSTS4
Total County/City Staff
Overhead/Indirect Costs
TOTAL PROJECT COST $59,000 $12,000 $71,000

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WORKER’S COMPENSATION INSURANCE CERTIFICATION

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

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

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.
26 n
C
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Dated: ________________________
Ceto Consulting, LLC., a California limited liability corporation (CONSULTANT) By: ________________________________
Kiersten Patsch, Ph.D.
________________________________
Principal Consultant
________________________________
544 Havenside Avenue
Newbury Park, CA 91320
27 Attachment 3
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CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this __ day of June, 2025, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio, San Clemente, California, 92673 ("City") and Surfline/Wavetrak, Inc, a California corporation with its principal place of business at 2261 Market Street, Suite 10852 San Francisco California, 94114 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional beach camera installation and data capturing consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional beach camera installation and data capturing consulting services to public clients, is licensed in the State of California, if applicable, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional consulting services for the beach camera installation and data capturing services for the City’s Local Coastal Program ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional beach camera installation and data capturing consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.2 Responsibilities of Consultant.

3.2.4 Force Majeure. Neither party shall be liable for any failure to perform or any impairment to its performance to the extent such failure or impairment is caused by (i) any 29 55452.01100\31193624.5
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act of God, fire, flood, natural catastrophe, labor dispute or strike or shortage, national or state emergency, epidemic or pandemic, insurrection, riot, act of terrorism, war, or act of government, and/or (iii) any other event, occurrence or circumstance beyond the reasonable control of either party (each, a “Force Majeure Event”) and such party gives notice of the Force Majeure Event within ten (10) days together with a description of the anticipated impairment or failure and its duration and such party resumes performs immediately upon conclusion of the Force Majeure Event.

3.2.9 Consultant's Representative. Consultant hereby designates Ross Garrett, Chief Executive Officer and Dustan Berg, Chief Financial Officer or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative").

Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed SEVEN THOUSAND DOLLARS ($7,000.00) without written approval of the City Council or City Manager as applicable. Extra Work may be previously authorized by the City in writing, as described below, and if so authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

3.3.6 Labor Code Requirements.

3.3.6.2 Registration. If the Services are being performed as part of an 32 55452.01100\31193624.5
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applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to Services performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1.

3.4 Accounting Records.

3.5 General Provisions.

3.5.1 Termination of Agreement.

Consultant: Surfline/Wavetrak, Inc.
2261 Market Street Suite 10852
San Francisco, CA 94114
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ATTN: Ross Garrett, Chief Executive Officer and Dustan
Berg, Chief Financial Officer
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Andy Hall, City Manager and Laura Campagnolo, City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written 34 55452.01100\31193624.5
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notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.5.6 Indemnification.

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

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

3.5.10 City's Right to Employ Other Consultants. City reserves right to employ 35 55452.01100\31193624.5
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other consultants in connection with this Project.

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

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

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

3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex 36 55452.01100\31193624.5
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or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
By:_______________________________
Andy Hall, City Manager
ATTEST: Dated: __________________,
_____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization

Surfline/Wavetrak, Inc.,
a California corporation
(CONSULTANT)

By:_____________________________
Ross Garrett, CEO
Dated: __________________
By:_____________________________
Dustan Berg, CFO
Dated: __________________
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EXHIBIT "A"

SCOPE OF SERVICES
Consultant shall perform the following services (collectively, “Services”) for the City to the City’s satisfaction:

Task 1. Project Initiation and Setup

1. Surfline will participate in a kickoff meeting with the City and CETO. Surfline will install a new camera on the south side of pier in San Clemente which will observe the area to the south of the San Clemente pier between the pier and T-Street and allow for software derived counting of beach attendees in this area. Surfline will install, operate, maintain, and retain full ownership of the new camera for the duration of the project.

Task 2. Description of Methods

1. Data Capture and Processing:

Surfline will run its proprietary software on all footage captured by the new camera and four existing cameras for one year from the start of the project. The software will also be applied to historical footage from the existing cameras from the prior year, enabling the analysis to begin immediately. The existing cameras include:
 Two cameras in the T-Street area: one with a close-up view of the surfing zone, and a second (T-Street Overview) with a wider perspective including both the beach and the surf zone
 One camera at San Clemente Pier, Northside, capturing surf activity just north of the pier
 One camera mounted on the pier, facing south toward the beach (T-Street Lefts) The software will generate hourly counts of surfers and beachgoers within each camera’s field of view. This attendance data will be accessible in near real-time via an online portal and can be downloaded for analysis.

2. Cellphone-Derived Visitation Data:

Surfline will work with CETO to develop customized polygons to match each camera’s field of view, ensuring alignment between video-based counts and cellphone-derived datasets. This integrated approach will allow the team to assess daily and hourly visitation, length of stay, and seasonal trends.

Task 3. Results and Analysis

1. Attendance Data Analysis:

Surfline will work with CETO to compile and analyze beach attendance data from the past year, and potentially from prior years if historical data is available. The primary goals of this analysis are:
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 To model daily attendance, including identification of “peak” days when beach capacity may be exceeded (for example, July 4), which can help inform management and resource allocation.
 To model hourly attendance patterns during the day, along with analysis of where and how beach users access different areas of the beach at specific times.
 To model the “visitor-shed,” including analysis of visitation from inland communities and the recreational activities visitors pursue while at San Clemente’s beaches. This analysis will incorporate CalEnviroScreen 4.0 and SB535-designated Disadvantaged Communities (DACs) to evaluate how many visitors originate from environmentally burdened or underserved areas.

The project will also describe socioeconomic and demographic patterns using an environmental justice lens, including spatial overlays and interpretation of disparities in coastal access.
 To model how surfing activity differs from other forms of beach recreation, including variations by time of day, location, and visitor demographics.  To estimate the economic impacts of beach visitation, including spending levels, sales tax revenue, and transient occupancy tax revenue, with disaggregation by beach area where feasible.

2. Sea Level Rise and Adaptation Considerations:

Surfline will support CETO on this task. The analysis will draw from existing SLR studies to evaluate what beach loss could mean for beach attendance, economic inputs, and the equitable distribution of recreational benefits.

Task 4. Draft and Final Report

1. Surfline will support CETO is preparing a comprehensive report summarizing findings and recommendations from the project. This report will be made available on the City of San Clemente’s website (City LCP Page).

Additional recommendations may relate to coastal adaptation planning, improvements to public services, and the evaluation of potential beach nourishment projects. 40 55452.01100\31193624.5
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EXHIBIT "B"

SCHEDULE OF SERVICES
A. SCHEDULE
Project start/end dates: April 1, 2025 (or grant agreement execution date) – June 30, 2026 Task 1. Project Initiation and Setup May 1, 2025/May 15, 2025

1.1 New Camera Installation May 1, 2025/June 15, 2025
Outcome/Deliverables:
a. Camera Installed on Pier
a. June 15, 2025
Task 2. Description of Methods June 15, 2025/Aug 30, 2025

2.1 Data Capture and Processing June 15, 2025/ Aug 30, 2025

2.2 Analyze Cell Phone Data June 15, 2025/ Aug 30, 2025 Outcome/Deliverables:
a. Memo re: Methods a. Aug 30, 2025
Task 3. Results and Analysis Sept 1, 2025/May 1, 2026

3.1 Attendance Data Analysis Sept 1, 2025/May 1, 2026
Outcome/Deliverables
a. Memo re: Results a. May 1, 2026
Task 4. Draft and Final Report Sept 1, 2025/Aug 31, 2026

4.1 Draft Report Sept 1, 2025/Aug 31, 2026
Outcome/Deliverables
a. Final Report a. Aug 31, 2026
Task 5. LCP Amendment Sept 1, 2025/December 31, 2026

5.1 Draft LCP Amendment b. January 1, 2026/June 30, 2026

ACTIVITY COMPLETION DATE
Task 1: Camera Installation and Setup June 15, 2025
Task 2: Memo on Methodology for collecting data
and explanation of how data will be used
August 30, 2025
Task 3: Memo on Draft Findings and Analysis May 1, 2026 Tasl 4: Final Report Completed August 30, 2026
Task 5: LCP Amendment December 31, 2026
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EXHIBIT “C”

INSURANCE REQUIREMENTS

3.2.12 Insurance.

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. (E) Cyber Liability Insurance with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, 42 55452.01100\31193624.5
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business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other 43 55452.01100\31193624.5
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insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

3.2.12.13 Requirements Not Limiting. If the Consultant carries insurance with coverages or limits beyond the minimum requirements set forth herein, those coverages and limits shall be available.

3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
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EXHIBIT “D”

COMPENSATION
In full compensation for the Services provided under the Agreement, the City shall pay the Consultant for actual work performed at the rates below, not to exceed a total of $7,000.00:

1 Amount requested should include total for salary and benefits. 2 Travel reimbursement rates are the same as similarly situated state employees. 3 All consultants must be selected pursuant to a bidding and procurement process that complies with all applicable laws. 46 55452.01100\31193624.5
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Jurisdiction Name CCC Grant Total Match/Other
Funds
Total (LCP Grant
Funds + Match/
Other Funds)
Task 4 – Final Report $2,000 $2,000
Task 5 – LCP Amendment $0 $0
Consultants Total $44,000 $44,000
Total Direct Costs $59,000 $59,000
OVERHEAD/INDIRECT COSTS4
Total County/City Staff
Overhead/Indirect Costs
TOTAL PROJECT COST $59,000 $12,000 $71,000

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WORKER’S COMPENSATION INSURANCE CERTIFICATION

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.
48 n
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Dated: ________________________
Surfline/Wavetrak, Inc., a California corporation (CONSULTANT) By: ________________________________
Ross Garrett
________________________________
Chief Executive Officer
________________________________
2261 Market Street, Suite 10852
San Francisco, CA 94114
49 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: June 17, 2025 Agenda Item: 11T.

Submitted By: Community Development
Prepared By: Jonathan Lightfoot, City Planner
Jessica Gatny, Assistant Planner
Subject:
..titl e

CONSIDERATION OF A RESOLUTION DIRECTING STAFF TO NEGOTIATE NECESSARY BUDGET REVISIONS TO A $1.8 MILLION GRANT AWARD FOR CLEAN MOBILITY OPTIONS (CMO) VOUCHER PILOT PROGRAM’S 2023 MOBILITY PROJECT VOUCHER, TO ENABLE

THE PURCHASE OF ALTERNATIVE, QUALIFYING ELECTRIC VEHICLES, AND FINDING

THE PROJECT STATUTORILY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER CALIFORNIA PUBLIC RESOURCES CODE § 21080.25. ..body
Fiscal Impact:

None.

Summary:

Before the City Council is a proposed budget revision for the Clean Mobility Options Voucher Pilot Program Grant, which enables the purchase of alternative, qualifying electric vehicles along a new public transit route. The proposed Resolution (Attachment 1) would direct staff to negotiate necessary revisions to the project budget to reallocate up to $400,000 of the $1,800,000 grant from vehicle operations funds to vehicle purchase capital costs (for total capital costs not to exceed $628,000) with no changes to the City’s previous commitment of $534,000 in matching funds for operations, and reiterate CMO program commitment and compliance with CMO program requirements.

San Clemente City CouncilJune 17, 2025

San Clemente City Council
June 17, 2025