Agenda packet, regular meeting, first session — San Clemente City Council, June 17, 2025 (part 4 of 4)

21711883.2

SECOND AMENDMENT
TO

WATER CONSERVATION PARTICIPATION AGREEMENT
This Second Amendment to the Water Conservation Participation Agreement (“Second Amendment”) is effective on July 1, 2025 (“Effective Date”), by and between the Municipal Water District of Orange County (“MWDOC”) and _______________________________ (“Participant Agency”). MWDOC and Participant Agency may be collectively referred to as “Parties” and individually as “Party.”

RECITALS
A. The Parties entered into a Water Conservation Participation Agreement dated July 1, 2015, regarding the Participant Agency’s participation in certain water conservation programs (“Agreement”). The Agreement was amended by the First Amendment to the Agreement ("First Amendment"). B. The Parties now intend to amend the Agreement with this Second Amendment to extend the term of the Agreement from June 30, 2025 to June 30, 2035.

C. The Parties also intend to update the agreement administration and the retention policy, and to clarify the inclusion of all incentive programs as provided in the Agreement as amended.

NOW, THEREFORE, the Parties agree as follows:

AMENDED TERMS OF AGREEMENT

1. The following Sections of the Agreement are hereby amended and shall now read as follows:
a. “1.1 This Agreement will be effective on July 1, 2015, and shall terminate on June 30, 2035 (“Term”). Continuance of this Agreement will be subject to annual budget approval by MWDOC’s Board of Directors.”
b. “1.4 This Agreement encompasses multiple conservation programs that provide incentives to consumers. Addenda to this Agreement will be issued for changes involving Metropolitan and/or MWDOC Board-approved items, grant funding, and changes to incentive programs, including funding and incentive levels. All Addenda are enforced for the duration of this Agreement unless the Addenda are amended or terminated by either Party.”
c. “2.2.1 Participant Agency may elect to take advantage of the MWDOC Administered Programs by having its authorized representative complete and sign City of San Clemente
Attachment 1
796

Page 2 of 3 ends

21711883.2
Addenda 3A through 3E in the spaces provided. If Participant Agency completes and signs Addenda 3A through 3E, Participant Agency agrees to be bound by the provisions of this Section 2.2, Sections 3, 5, 6, 7, and 8 of this Agreement, and Addenda 3A through 3E. If the Participant Agency does not complete, sign, and return Addenda 3A through 3E, notwithstanding any other provision of this Agreement, the Participant Agency will not be bound by Section 2.2 or the provisions in Addenda 3A through 3E.”
d. “7.3 Participant Agency shall maintain all Participant Agency Administered Program information, including Participant Agency applications, water bills, and purchase receipts, for a period beginning on the date the incentive is first awarded for a given application and respective project and ending seven years later.”

2. The word “Addendums” is hereby replaced by the word “Addenda” throughout the entire Agreement.

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

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

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

MWDOC and Participant Agency have each caused this Second Amendment to be executed by its duly authorized representative as of the date set forth below the authorized signature.

IN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment.

MUNICIPAL WATER DISTRICT Approved as to Form:

OF ORANGE COUNTY
By: _______________________ By: _____________________
Harvey De La Torre Joseph Byrne
General Manager General Counsel
Date: _______________________ Date: _____________________ 797

Page 3 of 3 ends

21711883.2
PARTICIPANT AGENCY Approved as to Form:

Agency Name: ________________ _____________________________ By: _______________________ By: _______________________ Name Name
Title: ______________________ Title: _________________________ Date: __________________________ Date: __________________________ City of San Clemente
798
RESOLUTION NO. 25-98

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING THE

SECOND AMENDMENT TO THE WATER

CONSERVATION PARTICIPATION AGREEMENT

BETWEEN THE CITY OF SAN CLEMENTE AND THE

MUNICIPAL WATER DISTRICT OF ORANGE COUNTY
(MWDOC), AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AMENDMENT, AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER
CLASS 7 OF THE STATE CEQA GUIDELINES SECTION
15307 (14 CCR SECTION 15307, ACTIONS BY

REGULATORY AGENCIES FOR PROTECTION OF

NATURAL RESOURCES)
WHEREAS, the City contracts with the Municipal Water District of Orange County (MWDOC) under the Water Conservation Participation Agreement as amended by that certain First Amendment thereto (collectively, the Agreement) for their Choice Water Use Efficiency Program, which allows the City to select from a menu of various Water Use Efficiency campaigns, including the administration of residential and commercial rebate programs (the Program); and
WHEREAS, under the Program, the City pays a portion of MWDOC’s administration costs that make these rebates available to eligible City Water Utility customers, which currently include: clothes washers, toilets, sprinkler nozzles, turf replacement, spray-to-drip irrigation conversion, landscape design, smart irrigation timers, and tree rebates; and
WHEREAS, the City and MWDOC seek to extend the term of the Agreement that went into effect July 1, 2015 and expires June 30, 2025; and WHEREAS, the extension of the Agreement will allow the City and qualifying water customers to continue to participate in MWDOC’s Choice Rebate Program through June 30, 2035; and
WHEREAS, the Choice Rebate Program is one of the essential tools that will help the City reach its compliance goals under the SB606/AB1668 regulatory framework for water conservation and water use efficiency; and
WHEREAS, the approval of the Second Amendment to the Agreement will extend the term from July 1, 2025 through June 30, 2035, which is in the best interests of the City and the public; and
Attachment 2
799
Resolution No. 25-98 Page 2
WHEREAS, Section XI.A.1.5 of City Policy Number 201-2-1 (Purchasing Policies & Procedures) allows for an exemption from the City’s formal and informal solicitation process because MWDOC is a public agency.

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 fully herein by reference.

SECTION 2. That based on a review of and substantial evidence in the record as a whole, this action is categorically exempt from the California Environmental Quality Act (CEQA) under Class 7 of the state CEQA Guidelines Section 15307 (14 CCR Section 15307, Actions by Regulatory Agencies for Protection Of Natural Resources) because it consists of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment.

SECTION 3. That entering into the Second Amendment to the Water Conservation Participation Agreement with MWDOC is exempt from the City’s formal and informal solicitation process pursuant to Section XI.A.1.5 of City Policy Number 201- 2-1.

SECTION 4. That the Second Amendment to the Water Conservation Participation Agreement with MWDOC extending the Agreement for an additional 10 years from July 1, 2025 through June 30, 2035 is hereby approved.

SECTION 5. That the City Manager is hereby authorized and directed to execute the Second Amendment to the Water Conservation Program in a form substantially similar to that presented to the City Council on June 17, 2025 and updated relevant addenda.

SECTION 6. That the City Manager is hereby authorized and directed to execute such additional documents and take such other actions as may be necessary and proper to fulfill the purposes of this resolution and implement MWDOC’s Choice Rebate Program subject to the limitations of the approved budget.

SECTION 7. 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 ____________________, _______. 800
Resolution No. 25-98 Page 3
ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the City San Clemente, California 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. 25-98 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:

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
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.
858
Meeting Date: June 17, 2025 Agenda Item: 11P.

CITY OF SAN CLEMENTE 2
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.
859
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
860
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 861
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:

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. 863
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)
864
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
865
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)
866
4919
-9842-7978 v25 of 6
867
4919
-9842-7978 v26 of 6
868
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
869
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. 8702
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
8713
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
8724
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
8746
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]
8757
3 of 5
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
8768
4 of 5
EXHIBIT “A”

COST PROPOSAL FORM
(Included on the following page)
8779
5 of 5
10 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 878
Attachment 3
11 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
879
12 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
880
Attachment 4
13 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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14 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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15 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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16 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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17 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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18 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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19 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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20 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
888
21 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
889
22 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
890
55452.01100\31090125.5
EXHIBIT “A”

SCOPE OF MAINTENANCE SERVICES
(Included in the Specifications
on the following pages)
89123
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”)
89224
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. 89325
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.
89426
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. 89527
55452.01100\31090125.5
EXHIBIT “D”

PERFORMANCE AND PAYMENT BONDS
(Included on the following pages)
89628
29 •· 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
897
30 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
898
31 ( (
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
21 899
32 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
900
33 ( (
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
901
34 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 •
902
35 (

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
903
36 ( (
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,.~~====---
24 904
37 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
905
38 (
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
_._.·.
906
39 ( (
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
907
40 (
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"
908
41 (
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"
909
42 ,-
(
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"
910
43 (
EXHIBIT UG"

ROUTE MAPS AND LISTINGS
(the following pages)
Exhibit "G"
911
44 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
912
45 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. 913
46 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) 914
47 (
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
915
48 ( (

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 916
49 WEDNESDAY
Route 3
(
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
917
50 (
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 918
51 (

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
919
52 ( (
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. 920
53 ( (
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
921
54 (

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 922
55 (
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.
923
56 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
924
57 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
925
58 (
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
926
59 (
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 927
60 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
928
61 Vicente, Calle
Vista Torito, Calle
Vistosa, Via
(
Posted Sweep (Every 2nd and 4th Monday) 9AM
Calle Campana - Northslde Westbound
Calle Canasta - Northside Westbound
(
929
62 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
930
63 ,-
(
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
(
931
64 (
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
(
932
65 (
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
(
933
66 (
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
934
67 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
935
68 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
(
936
69 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
937
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: June 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 938
Meeting Date: June 17, 2025 Agenda Item: 11Q.

CITY OF SAN CLEMENTE 2
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. 939
Meeting Date: June 17, 2025 Agenda Item: 11Q.

CITY OF SAN CLEMENTE 3
 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
940
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.
941
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
942
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:

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.
///
944
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4901-1373-9293 v2

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) 945
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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 946
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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 947
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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 948
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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:
950

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
951
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
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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 953
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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:
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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 955
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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 956
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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.
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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.
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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
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5. Parking Survey

6. DRSC Report and Minutes, December 14, 2022

7. Conceptual Plan
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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 961
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:
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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
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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:
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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.
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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 966
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 967
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
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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
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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
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ATTACHMENT
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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
974
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
975
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. 976
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
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910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: June 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. 1018
Meeting Date: June 17, 2025 Agenda Item: 11R.

CITY OF SAN CLEMENTE 2
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. 1019
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LOCATION MAP

PROPOSED PARKING PROHIBITION
at 2421 CALLE FRONTERA
"'-----------------------------------
Attachment 1
1020
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. 1021
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:

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
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. 1023
Meeting Date: June 17, 2025 Agenda Item: 11S.

CITY OF SAN CLEMENTE 2
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.
1024
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. 1025
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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. 1028
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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 1029
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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 1032
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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 1034
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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 1036
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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. 1039
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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. 1040
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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, 1042
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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 1043
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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. 1046
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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.
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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
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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 1051
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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 1054
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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
1055
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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 1056
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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 1057
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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 1058
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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. 1062
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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, 1064
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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 1065
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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. 1068
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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.
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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
1071
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: June 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.

Background:

On March 4, 2025, City Council authorized acceptance of $1.8 million grant award for The CMO Voucher Pilot Program. The CMO Voucher Pilot Program provides funding for community-driven mobility projects that increase residents’ access to key destinations by providing clean transportation options. All projects funded by CMO must directly benefit residents of a low-income community or a disadvantaged community (DAC). The project area must either be DAC as defined by SB 535, a low-income community or household as defined by Assembly Bill 1550 or Tribal land within DACs or low-income communities.

As identified in the March 4, 2025 City Council Agenda Report (Attachment 5), the first phase of the program included outreach and engagement with the community. Additionally, staff can recommend changes to the vehicle type or route to the Program Administrator as a result of community outreach findings. The initial CMO grant proposal designated four MotoEV Electro Transit Buddy vehicles at a total budgeted cost of $228,000. However, limitations such as speed restrictions and street-legal compliance issues with the vehicles were identified. After further 1072
Meeting Date: June 17, 2025 Agenda Item: 11T.

CITY OF SAN CLEMENTE 2
discussions with the vendor’s sales and procurement team, it was determined that an alternative vehicle type would be necessary for the program.

Additional constraints, such as fixed-route ADA compliance requirements, further limit the availability of suitable vehicles on the market. To identify viable alternatives, staff explored options listed on the California HVIP website, which includes vehicles potentially eligible for incentive funding, pending availability. In addition, staff attended the Advanced Clean Transportation Expo to gather further insights into the current available vehicle options.

As a result, staff identified three alternative vehicle options: 1) Hometown Trolley, 2) KarsanDamera Mini Bus, and 3) EV Star Mobility Plus Shuttle. Images and descriptions of these vehicles are provided in Attachment 2. To gather public input, these options were presented at three community events: the Earth Day Fair on April 26, 2025; the Cinco de Mayo Festival on May 3, 2025; and the Annual San Clemente Car Show on May 31, 2025. Additionally, a map of the service areas and nearby amenities (Attachment 4) was also presented to collect community input, helping inform the number and placement of transit stops.

The first two events showcased all three vehicle options (Attachment 2), along with estimated costs and passenger capacities, to help inform public feedback. Following these events, staff analyzed the collected data, price points, and capacity metrics, and subsequently narrowed the selection to two vehicle options (Trolley or Shuttle). For the final community event, staff updated the presentation poster (Attachment 3) to feature only the two remaining options, detailing the features and benefits of each. Additionally, the shuttle image was revised – replacing the original plain white shuttle with a more visually engaging depiction of two shuttles featuring colorful vehicle wraps.

The survey results of the engagement sessions are as follows:

Events Option #1:

Trolley
Option #2: Mini
Bus
Option #3:

Shuttle
4/26/25 15 8 3
4/3/25 37 10 5
4/31/25 38 n/a 35
Community engagement data initially indicated a strong preference for the Trolley; however, responses from the final engagement session were nearly split between the Trolley and the Shuttle(s).

A key distinction between the alternative vehicle options is cost. Both vehicle options are substantially more expensive than the small electric shuttles cited in the original grant application, but two shuttles (approximately $300,000 each) can be acquired for approximately the same cost as a single trolley (approximately $550,000 to procure a model consistent with CMO Program requirements). Another significant difference is the level of service: with two shuttles, wait times would be reduced, and the shuttle vehicles would be better suited to navigate narrow streets if the route did not follow arterials.
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CITY OF SAN CLEMENTE 3
The data collected for the desired transit stop locations identifies numerous desired stops within and adjacent to the grant service areas (Attachment 4), which indicates a higher level of service could be warranted and supports the selection of multiple Shuttles, rather than a single Trolley.

Another factor to consider is the driver(s) costs, which is still expected to be the greatest cost of the program. Given the shift from four vehicles to one or two, staff costs are expected to be reduced enough to offset the increased vehicle purchase costs. Accordingly, staff are not requesting City Council authorization for additional City funding or grant match beyond the $534,000 that was authorized in March 2025. The grantor has indicated they are amenable to an amendment to their grant agreement and budget to enable the City to purchase the desired vehicles and that operational funds may be shifted from reduced driver costs.

Due to recent changes with the existing e-trolley manufacturer – including the adoption of a new electric chassis supplier and extended lead times – staff recommends proceeding with the acquisition of two electric shuttles in order to provide the service required by the grant terms and desired by the community. Staff proposes that the selection of the final make and model be made by staff through evaluation of price, lead time, and reliability ratings.

Council Options:
 Approve Resolution No. 25-103, directing staff to negotiate necessary budget revisions to the Clean Mobility Options (CMO) Voucher Pilot Program Grant to enable the purchase of the alternative, qualifying electric vehicles, and finding the project statutorily exempt from the California Environmental Quality Act (CEQ) under California Public Resources Code § 21080.25.
 Continue the item and direct staff to provide additional information.

Environmental Review/Analysis:

The City of San Clemente’s proposed project under the Clean Mobility Options (CMO) Voucher Pilot Program is statutorily exempt from CEQA under California Public Resources Code § 21080.25 because it involves a new transit service on existing public right of way within an urbanized area.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council approve Resolution No. 25-103, which would:

1. Direct the City Manager, or designee, to negotiate necessary budget revisions to the Clean Mobility Options (CMO) Voucher Pilot Program Grant, to enable the purchase of the alternative, qualifying vehicles consistent with City Council recommendation and requirements of the grantor; and

2. Find the Clean Mobility Options (CMO) Voucher Pilot Program, as modified, statutorily exempt from the California Environmental Quality Act pursuant to California Public Resources Code § 21080.25.
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CITY OF SAN CLEMENTE 4
..endAttachments:

1. Resolution 25-103

2. Community Engagement Poster – Vehicle Options 1

3. Community Engagement Poster – Vehicle Options 2

4. Community Engagement Poster – Desired Transit Stop Location Map

5. Resolution 25-18 and March 4, 2025 Agenda Report
Notification:

None.
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Attachment 1
RESOLUTION NO. 25-103

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, DIRECTING STAFF TO
NEGOTIATE NECESSARY BUDGET REVISIONS TO A $1.8

MILLION GRANT AWARD FOR CLEAN MOBILITY OPTIONS
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
WHEREAS, the Clean Mobility Options Voucher Pilot Program (“CMO”) provides funding for community-driven mobility projects that increase residents’ access to key destinations by providing various clean transportation options; and WHEREAS, on February 21, 2023, the City Council of the City of San Clemente directed City staff to apply for a grant under the CMO Voucher Pilot Program’s 2023 Mobility Project Voucher (“MPV”); and
WHEREAS, the City of San Clemente, qualifies as a voucher applicant per the Implementation Manual for the Clean Mobility Options (hereinafter “CMO”) Voucher Program (hereinafter “Program”); and
WHEREAS, the City of San Clemente, as Lead Applicant, submitted a Mobility Project Voucher Application on March 1, 2023, for the Clean Mobility Options Voucher Pilot Program (“CMO”), which application was for the procurement of light or medium duty battery electric vehicles to serve local mobility needs for the AB 1550 Low-income Communities west of Interstate 5, south of Avenida Pico, and north of Avenida Valencia; and WHEREAS, CALSTART, as the CMO Program Administrator, desires to contract with City of San Clemente for, and City of San Clemente desires to provide mobility services described in its application for the CMO MPV; and
WHEREAS, the City of San Clemente is eligible to receive funding through CMO, a statewide initiative funded by California Climate Investments and California Energy Commission Clean Transportation Program Investments, and administered by California Air Resource Board’s Program Administrator team to provide funding for zero-emission shared mobility options to under-resourced communities in California; and WHEREAS, the City of San Clemente will comply with the requirements of the program and on March 6, 2025 the City Council passed a resolution to accept CMO voucher funds in the amount of up to $1,800,000 for the San Clemente NEV Circulator Program for FY 2024/25 through 2029/30; and
WHEREAS, the City of San Clemente staff have reviewed commercially available vehicle models and associated costs of procurement and operation, and procurement of any 1076
Resolution No. 25-103 Page 2
qualifying commercial vehicles will require a revision to the grant agreement to reallocation or potion of operations costs to capital costs, in order to provide the service required by the grant terms and desired by the community.

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

SECTION 1. That based on the record as a whole, as may be revised to enable purchase of alternative qualifying vehicles, the project is hereby determined to be statutorily exempt from the California Environmental Quality Act under California Public Resources Code § 21080.25 because it involves a new transit service on existing public right of way within an urbanized area.

SECTION 2. That the City Manager, or designee, is hereby authorized and directed to negotiate revisions to Agreement Number MP23W2A-11G, previously approved by City Council on March 4, 2025, to reallocate up to $400,000 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, reiterate the City’s CMO program commitment and compliance, and solicit draft contract agreements with the CMO Program Administrator Team and a qualifying vehicle provider.

SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________
City Clerk of the City of
San Clemente, California
__________________________
Steve Knoblock, Mayor of the
City of San Clemente, California
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Resolution No. 25-103 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. 25-103 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
1078
Karsan-Damera e-JEST $290,000 10 Passengers, 2 fold-down seats, 1 ADA (& 9 max standing) Clean Mobility Options Voucher Program (CMO) CMO is a statewide initiative that provides funding for zero-emission shared mobility options to under-resourced communities in California. CMO is available throughout California to all eligible disadvantaged and low-income communities and tribal governments, to increase access to safe, reliable, convenient and affordable transportation options. For eligibility requirements, application information and to contact the technical assistance team, please visit: www.cleanmobilityoptions.org. $1.8 Million CMO Grant Project to Expand Transit Options Funds to be utilized for Vehicles & Drivers Vehicle & Route Selection Guided by Public Input Year-Round Route to Connect Business & Commercial Centers to Neighborhoods & Existing Routes Green Power Motor Company EV Star Mobility Plus $201,000 18 Passengers, 2 wheelchairs, & driver Hometown Trolley-Motiv $350,000 - $450,000 30 Passengers (configurations vary) Option 1 Trolley Option 2 Mini-Bus Option 3 Shuttle Attachment 2 1079
Details:
• $200,000 - $300,000• 18 Passengers & 2 wheelchairs• $60k HVIP Zero-Emission Incentive• Range: 150 miles• Charging: Level 2 (8h) & DCFC (2h)• Weight: 14,330 lbs. “CMO is a statewide initiative that provides funding for zero-emission shared mobility options to under-resourcedcommunities in California. CMO is available throughout California to all eligible disadvantaged and low-incomecommunities and tribal governments, to increase access to safe, reliable, convenient and affordabletransportation options. For eligibility requirements, application information and to contact the technicalassistance team, please visit: www.cleanmobilityoptions.org.” Details:
• $480,000 - $520,000• 30 Passengers & 2 wheelchairs• $85k HVIP Zero-Emission Incentive• Range: 105 miles• Charging: Level 2 (3.75-8 hours)• Weight: 26,000 lbs.

Clean Mobility Options Voucher Program (CMO)
$1.8 Million CMO Grant Project to Expand Transit Options • Funds to be utilized for Vehicles & Drivers• Vehicle & Route Selection Guided by Public Input• Year-Round Route to Connect Business & Commercial Centers to Neighborhoods & Existing Routes
Option 2Hometown Trolley
Option 1Electric Shuttle
PROS
• Lower Cost – Could Acquire Two Vehicles• Shorter Wait Times with Two Vehicles• Nimble on Narrow Streets PROS
• Higher Capacity for Passengers• Matches Existing Trolleys• Open-Air Attachment 3
1080
1081
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: June 17, 2025 Agenda Item: 11U.

Submitted By: Public Works
Prepared By: Fatana Temory, Management Analyst
Zak Ponsen, Assistant City Engineer
Subject:
..titl e
CONSIDERATION OF A RESOLUTION TO ACCEPT OCTA MEASURE M2 PROJECT V GRANT FUNDING of $8,235,081, APPROVE FIRST AMENDMENT TO TWO PROFESSIONAL

SERVICES AGREEMENTS WITH LAZ PARKING CALIFORNIA LLC FOR ADDITIONAL

TROLLEY OPERATION SERVICES, APPROVE A SOLE SOURCE PURCHASE OF A TROLLEY FROM HOMETOWN MANUFACTURING, INC., APPROVE RELATED SUPPLEMENTAL APPROPRIATIONS TOTALING $1,223,238.88 FOR ALL LINES, AND

FINDING THE ACTIONS STATUTORILY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body
Fiscal Impact:

The recommended action would accept Orange County Transportation Authority (OCTA) grant revenue of $8,235,081, amend two professional service agreements to add additional trolley operation expenditures of $400,355.26 and $275,629.14 to the original contract that was approved on June 18, 2024, and authorize a supplemental appropriation of $23,875.10 from the General Fund to provide the City’s 10% local match requirement for purchase of a new trolley.

There will need to be a supplemental appropriation in the amount of $860,568.40 for the Red and Blue Line, as well as $362,670.38 for the Green Line for Fiscal Year 2024-25 and 2025-26, but both of these amounts will be offset with the OCTA revenue. There will be no impact to the General Fund, as the 10% contribution has already been budgeted for in the both Fiscal Years 2024-25 and 2025-26. Additional detailed financial information is discussed below.

Summary:

Before the City Council is the formal acceptance of the OCTA Measure M2 Project V grant funding, approval of the First Amendment to two Professional Services Agreements with LAZ Parking to provide additional trolley operation services (Attachment 2 & 3), and approval of a sole source purchase of one additional trolley from Hometown Manufacturing in the amount of $238,751.

Background:

The City Trolley Program is funded through a Measure M2 Project V Grant from OCTA. OCTA reimburses the City for 90% of operational costs within the allotted annual grant amounts. The existing standard schedule of services in the grant agreement provided for daily trolley operations between Memorial Day weekend and the final weekend in September on both the Red Line (downtown) and Blue Line (connection to Dana Point).
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Meeting Date: June 17, 2025 Agenda Item: 11U.

CITY OF SAN CLEMENTE 2
Last year, the City submitted an application to OCTA for the 2024 Project V Grant, requesting year-round weekend service on the Red Line, seasonal operations on the Green Line, and funding for the purchase of an additional trolley. Staff is pleased to announce the recent approval of that grant, which will support both the newly proposed services and existing operations for the next seven years through FY 2030/31. See Attachment 4 for a Grant Summary. Under this approved grant, the City was awarded year-round Red Line operations from Friday through Sunday, as well as Green Line, Blue Line, and Red Line services operating from Memorial Weekend through the end of September.

The City will receive $8,235,081 through the 2024 OCTA Project V Grant to support additional trolley service lines, expanded operating dates, and the purchase of a new trolley. While the cooperative agreement is still in process, the projects have been granted pre-award authority by OCTA to allow the City to begin implementation efforts. Staff will return to the City Council for approval at a future date once the cooperative agreements are ready for execution.

Discussion:

On June 18, 2024, the City Council approved two three-year Agreements with LAZ Parking California LLC (LAZ) for operation of the trolleys. See Attachment 5 and 6. Currently, the LAZ Contract for Red Line operations does not include the newly approved year-round Friday through Sunday service, and therefore requires an amendment. Additionally, the LAZ Agreement for Green Line operations was originally limited to service from July 1 through September 30. With the recent grant approval to begin operations starting Memorial Day weekend, an amendment is also needed to align the Green Line schedule with the other trolley lines. These amendments will fund the additional service hours for the remainder of the contract term, through July 1, 2027.

As a result, a First Amendment to the LAZ Contract for Red and Blue Line operations in the amount of $400,355.26 is required to add year-round Friday through Sunday service on the Red Line for three years, including the current fiscal year. Additionally, a First Amendment to the LAZ Contract for Green Line operations in the amount of $275,629.14 is required to support operations beginning Memorial Day Weekend. These amendments will fund the additional service hours for the remainder of the contract term, through July 1, 2027.

Since the amount of the Project V grant funding was not known at the time of the request for proposal process or at the time that the contract was awarded to LAZ on June 18, 2024, during the budget process, staff is recommending a supplemental appropriation to fund both Fiscal Years 2024/25 and 2025/26. A supplemental appropriation in the amount of $860,568.50 and $362,670.38 will be recommended for the Red/Blue Line and Green Line, respectively. The total supplemental appropriation for all lines is $1,223,238.88. As previously mentioned, OCTA is funding 90% with 10% funding from the City. Below is a chart of the City’s and OCTA’s contribution for each respective year:
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Meeting Date: June 17, 2025 Agenda Item: 11U.

CITY OF SAN CLEMENTE 3
Red &
Blue OCTA 90% General Fund Contribution 10% 021-808-43690 Year 1
FY25 $ 70,318.35
$
7,813.15 $ 78,131.50
Year 2
FY26 704,193.21

78,243.69 782,436.90
Totals $774,511.56
$
86,056.84 $ 860,568.40
Green
Line OCTA 90% General Fund Contribution 10% 021-808-43690 Year 1
FY25 $ 80,258.85
$
8,917.65 $ 89,176.50
Year 2
FY26 246,144.49

27,349.39 273,493.88
Totals $326,403.34
$
36,267.04 $ 362,670.38
In addition, through the OCTA Project V 2024 grant, the City was awarded up to $300,000 for the purpose of purchasing a new trolley. Staff recommends to proceed with a sole source procurement for the purchase of one additional trolley from Hometown Manufacturing, the same supplier that provided the last five trolleys currently in operation. See Attachment 7 for Sole Source Justification Memo.

Based on the City’s Procurement Policy and Procedure (pages 45-46), staff believes that several requirements have been met and competitive bidding is not necessary at this time. A sole source procurement ensures fleet consistency, operational efficiency, and time efficiency. Given the specific requirements for vehicle uniformity, operational needs, the limited number of vendors available and long production time (18 months), staff recommends proceeding with a sole source procurement with Hometown Trolley (see Attachment 7 for Sole Source Justification Memo).

The cost to purchase a new trolley from Hometown Manufacturing is $238,751. See Attachment 8 for Trolley Price Quote. OCTA contribution is 90% with a City local match of 10%.

Trolley Purchase Breakdown:

OCTA Contribution (90%) $214,875.90
City Contribution (10%) $23,875.10
Purchase of New Trolley $238,751.00
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Meeting Date: June 17, 2025 Agenda Item: 11U.

CITY OF SAN CLEMENTE 4
Council Options:
 Approve Resolution No. 25-104, which will formally accept the OCTA Measure M2 Project V grant funding, authorize the City Manager to execute the First Amendment to the two Professional Services Agreements with LAZ Parking California, LLC for additional trolley operation services, approve related supplemental appropriations, and authorize the sole source purchase of one additional trolley from Hometown Manufacturing in the amount of $238,751.
 Modify and approve Resolution No. 25-104.
 Continue to the Item with direction to provide additional information.  Deny Resolution No. 25-104 and do not accept the grant funding or extend the trolley operations.

Environmental Review/Analysis:

Staff recommends that the City Council determine this project to be statutorily exempt from the California Environmental Quality Act (CEQA) under Public Resources Code section 21080(b)(10) because it is a project for the institution or increase of passenger or commuter services on rightsof-way already in use.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 25-104, which would:
..recommendation

1. Find the project statutorily exempt from CEQA under Public Resources Code section 21080(b)(10);

2. Accept the OCTA 2024 Project V Grant for trolley operations in the amount of $8,235,081 (to Local Transit Program revenue account 021-000-33757);

3. Approve a supplemental appropriation in the amount of $1,223,238.88 to the Local Transit Program revenue account 021-000-33757, which will offset the trolley contract expenditure account 021-808-43690;

4. Approve a supplemental appropriation in the amount of $214,875.90 from the Local Transit Program revenue account 021-000-33757 to the Local Transit Program automotive equipment expenditure account 021-808-45600;

5. Approve a supplemental appropriation in the amount of $23,875.10 from the General Fund Balance to the Local Transit Program automotive equipment expenditure account 021-808- 45600; and

6. Approve, and authorize the City Manager to execute, Amendment No. 1 to the Professional Services Agreement with LAZ Parking California LLC for Red and Blue Line trolley services, 1085
Meeting Date: June 17, 2025 Agenda Item: 11U.

CITY OF SAN CLEMENTE 5
increasing the total not to exceed contract amount from $1,871,665.80 to $2,272,021.06 ($400,355.26 increase); and

7. Approve, and authorize the City Manager to execute, Amendment No. 1 to the Professional Services Agreement with LAZ Parking California LLC for Green Line trolley services, increasing the total not to exceed contract amount from $545,092.08 to $820,721.22 ($275,629.14 increase); and

8. Approve a sole source procurement and authorize the City Manager and/or Public Works Director to execute all necessary documents and agreements to purchase a trolley in the amount of $238,751 through Hometown Manufacturing LLC (Local Transit Program automotive equipment expenditure account 021-808-45600). ..end
Attachment:

1. Resolution No. 25-104

2. OCTA Project V Grant Summary Application

3. First Amendment to LAZ Contract- Red & Blue Line Operations

4. First Amendment to LAZ Contract- Green Line Operations

5. LAZ Professional Service Contract- Red & Blue Line Operations

6. LAZ Professional Service Contract- Green Line Operations

7. Sole Source Justification Memo Signed by City Manager

8. Quote from Hometown Manufacturing Inc.

Notification:

None.
1086
Attachment 1
RESOLUTION NO. 25-104

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ACCEPTING OCTA
MEASURE M2 PROJECT V GRANT FUNDING,

APPROVING THE APPROPRIATIONS OF FUNDS TO THE

CITY LOCAL TRANSIT PROGRAM FUND, AUTHORIZING

THE CITY MANAGER TO EXECUTE THE FIRST

AMENDMENTS TO TWO PROFESSIONAL SERVICES

AGREEMENTS WITH LAZ PARKING CALIFORNIA LLC

FOR ADDITIONAL TROLLEY OPERATION SERVICES IN
AMOUNTS NOT TO EXCEED $2,272,021.06 AND
$820,721.22 RESPECTIVELY, APPROVING A SOLE

SOURCE PURCHASE OF A TROLLEY FROM HOMETOWN
MANUFACTURING, INC. FOR $238,751, AND FINDING

THE ACTIONS STATUTORILY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER
PUBLIC RESOURCES CODE SECTION 21080(B)(10)
WHEREAS, on June 18, 2024, City Council approved two three-year contracts with LAZ Parking California LLC (LAZ) for continued trolley operation and also authorized staff to submit a grant application for Orange County Transportation Authority (OCTA) Measure M2 Project V funding for continuation and potential expansion of the City’s trolley program; and
WHEREAS, the City was awarded $8,235,081 for an expanded trolley program with funds available from Fiscal Year (FY) 2024/25-2030/31; and WHEREAS, the City is requried to match OCTA grants funds with a 10 percent fair share contribution; and
WHEREAS, the Project V grant award allows the City to operate three trolley lines (Red Line, Blue Line and the Green Line) from Memorial Day weekend through September, and operation of the Red Line all year on Friday through Sundays until 2031; and WHEREAS, the amount of the Project V grant funding was not known at the time of the request for proposal process or at the time that the contracts were awarded to LAZ on June 18, 2024; and
WHEREAS, on June 18, 2024, the City Council awarded two three-year agreements to LAZ Parking California LLC (LAZ) for operation of the trolleys; and WHEREAS, the current LAZ agreement for Red Line operations does not include the newly approved year-round Friday through Sunday service and the current LAZ agreement for Green Line operations was originally limited to service from July 1 through September 30, therefore both agreements require amendments to operate the trolley lines consistent with actual grant funds awarded; and
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Resolution No. 25-104 Page 2
WHEREAS, the extended scope of trolley services based on actual grant funds was within the scope of the original request for proposals for this program and requires amendments to both the three-year LAZ professional service agreements, specifically amending the Red and Blue Lines not to exceed contract amount from $1,871,665,80 to $2,272,021.06 (an increase of $400,355.26) and amending the Green Line not to exceed contract amount from $545,092.08 to $820,721.22 (an increase of $275,629.14); and WHEREAS, Section 1.7 of Article XI.A.1 of the City’s Procurement Policies and Procedures allows for an exemption to the City’s formal and informal solicitation process for sole source suppliers; and
WHEREAS, Hometown Manufacturing LLC is a sole source vendor for the purchase of the additional trolley that the City needs to fully implement the trolley operations funded by the grant award.

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

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

SECTION 2. That this project is statutorily exempt from the California Environmental Quality Act (CEQA) under Public Resources Code section 21080(b)(10) because it is a project for the institution or increase of passenger or commuter services on rights-of-way already in use.

SECTION 3. That the City hereby accepts the OCTA 2024 Project V Grant for trolley operations in the amount of $8,235,081 (to Local Transit Program revenue account 021-000-33757).

SECTION 4. That a supplemental appropriation in the amount of $1,223,238.88 to the Local Transit Program revenue account 021-000-33757 and offset with the trolley contract expenditure account 021-808-43690 is hereby approved.

SECTION 5. That a supplemental appropriation in the amount of $214,875.90 to the Local Transit Program revenue account 021-000-33757 and to the Local Transit Program automotive equipment expenditure account 021-808-45600 is hereby approved.

SECTION 6. That a supplemental appropriation in the amount of $23,875.10 from the General Fund to the Local Transit Program automotive equipment expenditure account 021-808-45600 is hereby approved.

SECTION 7. That the City Manager is authorized and directed to execute Amendment No. 1 to the Professional Services Agreement with LAZ Parking California LLC for Red and Blue Line trolley services in a total amount not to exceed $2,272,021.06, in a form substantially similar to that presented to City Council on June 17, 2025.
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Resolution No. 25-104 Page 3
SECTION 8. That the City Manager is authorized and directed to execute Amendment No. 1 to the Professional Services Agreement with LAZ Parking California LLC for Green Line trolley services in a total amount not to exceed $820,721.22, in a form substantially similar to that presented to City Council on June 17, 2025.

SECTION 9. That the City Manager is hereby authorized and directed to execute all necessary documents and agreements to purchase a trolley in the amount of $238,751 through Hometown Manufacturing LLC (Local Transit Program automotive equipment expenditure account 021-808-45600) as a sole source vendor.

SECTION 10. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of June, 2025.

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. 25-104 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
1090
RECOMMENDED FOR FUNDING No Agency Project 1,2 Initial Marketing O&M Total M2 Grant Local Match Match Rate Total Project Cost 1 Anaheim Anaheim Canyon Circulator -$ - $ 331,714 $ 331,714 $ 36,857 $ 10% 368,571 $ 2 County of Orange Expanded RanchRide Transit Service Program -$ 339,660 $ 3 880,124 $ 1,219,784 $ 135,532 $ 10% 1,355,316 $ 3 Dana Point Dana Point Trolley Continuity Program -$ - $ 2,702,000 $ 2,702,000 $ 2,157,326 $ 44% 4,859,326 $ 4 Irvine Irvine Special Event Circulators 44,500 $ 407,086 $ 4,019,835 $ 4,471,421 $ 552,648 $ 11% 5,024,069 $ 5 Laguna Beach Off-Season Weekend and Seasonal Services -$ - $ 5,212,250 $ 5,212,250 $ 622,550 $ 11% 5,834,800 $ 6 Laguna Beach Laguna Canyon Road/El Toro Road Laguna Local Service 12,500 $ - $ 2,011,989 $ 2,024,489 $ 2,024,489 $ 50% 4,048,978 $ 7 Laguna Niguel Laguna Niguel Summer Trolley Program 72,000 $ 1,853,176 $ 3 1,530,609 $ 3,455,785 $ 383,976 $ 10% 3,839,761 $ 8 Los Alamitos Los Alamitos On-Demand Service 1,000 $ 333,056 $ 3 1,596,416 $ 1,930,472 $ 1,930,472 $ 50% 3,860,944 $ 9 Mission Viejo Mission Viejo Circulator and Special Event -$ 51,100 $ 4,372,445 $ 4,423,545 $ 507,727 $ 10% 4,931,272 $ 10 Newport Beach Balboa Peninsula Trolley Service Continuation 18,000 $ 1,315,260 $ 3 1,241,460 $ 2,574,720 $ 318,692 $ 11% 2,893,412 $ 11 San Clemente Trolley Program 9,000 $ 270,000 $ 3 7,956,081 $ 8,235,081 $ 915,009 $ 10% 9,150,090 $ 12 San Clemente On-Demand Transit Programs 7,500 $ 398,448 $ 3 2,858,480 $ 3,264,428 $ 3,313,522 $ 50% 6,577,950 $ 13 San Juan Capistrano Expanded Summer Weekend and Special Event Trolley Service 9,000 $ 595,800 $ 3 1,921,212 $ 2,526,012 $ 280,668 $ 10% 2,806,680 $ 42,371,701 $ 13,179,468 $ 55,551,169 $ *Adjustments between phase allocations within a project can occur after programming approval; however, changes will not impact total M2 grant amoun FUTURE CONSIDERATION FOR FUNDING 1 Huntington Beach Special Event Shuttle Service 4 11,250 $ 439,830 $ 426,510 $ 877,590 $ 122,510 $ 12% 1,000,100 $ 2 Newport Beach Balboa Island/Corona del Mar Microtransit Service 5 -$ - $ 2,142,648 $ 2,142,648 $ 2,142,648 $ 50% 4,285,296 $ 3 Orange, City of Orange Community Circulator 1,6 80,000 $ - $ 2,146,600 $ 2,226,600 $ 247,400 $ 10% 2,474,000 $ 5,246,838 $ 2,512,558 $ 7,759,396 $ NOT RECOMMENDED FOR FUNDING 1 Costa Mesa Costa Mesa Community Based On-Demand Services 7 -$ 218,148 $ 939,803 $ 1,157,951 $ 1,273,331 $ 52% 2,431,282 $ 2 Garden Grove Garden Grove On-Demand Service 7 4,968 $ 303,061 $ 1,622,785 $ 1,930,814 $ 1,934,092 $ 50% 3,864,906 $ 3,088,765 $ 3,207,423 $ 6,296,188 $ 4. Project award contingent on receipt of application review comment response information. Future funding amount request and match rate may differ from what is listed here. 5. Project V-funded planning study anticipated to be completed by December 2024. City indicated following their initial request that they are considering traditional fixed route, as well as microtransit. Future funding amount request and match rate may differ from what is listed here. 6. Project V-funded planning study anticipated to be completed by December 2024/January 2025. Future funding amount request and match rate may differ from what is listed here. 7. Did not meet Project V general program objectives. Acronyms: M2 - Measure M2 O&M - Operations and maintenance OCTA - Orange County Transportation Authority TOTAL UNFUNDED 1. The cities of Buena Park and Orange submitted Project V applications that were not considered for funding. Local jurisdictions were deemed ineligible to receive M2 funds by the OCTA Board of Directors on May 28, 2024. 2. The cities of Huntington Beach and Seal Beach withdrew applications, Huntington Beach (HB) On-Demand Rideshare Program, totaling $3,220,000, and Seal Beach Microtransit Service Program, totaling $3,358,446, respectively. 3. Capital funding request to support vehicle lease or purchase, consistent with the intent of the Comprehensive Transportation Funding Programs Guidelines for Project V. 2024 Measure M2 Community-Based Transit Circulators (Project V) Call for Projects Programming Recommendations Capital TOTAL RECOMMENDED PROGRAMMING* TOTAL PENDING Attachment 2 1091
1092
Orange County Transportation Authority 2024 Measure M2 Call for Projec ts Project V Application
Application Instructions
Project #1: Applicant: A. PROJECT INFORMATION
Project Name:

Service Type: Project Area Population Density (persons/sq. mi): 6,300 City (municipal boundary) Population Density (persons/sq.mi): 6,300 Yes If yes, how many? 4 (describe below) 1
2 3
4 Is this Project exclusively operating Special Event service? click to select B. OPERATING SUMMARY
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7
FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 TOTALS 1 4,050 4,074 3,894 3,960 3,990 4,020 4,044 28,032 2 2,700 2,716 2,596 2,640 2,660 2,680 2,696 18,688
3 2,700 2,716 2,596 2,640 2,660 2,680 2,696 18,688
4 3,168 3,138 3,294 3,264 3,168 3,168 3,168 22,368
12,618 12,644 12,380 12,504 12,478 12,548 12,604 87,776 New Service
New Service
Existing Service - Other Service Modification
Local Agencies applying for Project V funds are required to complete and submit this application. Application materials must be included in the order in which they are listed on the Application Checklist. Any projects not in compliance with the CTFP Guidelines will not be eligible for funding.

San Clemente Trolley Program - Updated
San Clemente Trolley Program - Updated
Traditional
City of San Clemente
See attached - Supporting Documentation. Project Description: Brief discussion of each Service Areas/Route named above with relevant information for each including, but not limited to:
- Route descriptions (where does it go from XX to XX, and roadways used) - Ridership market (Whom) is this intended to serve? (e.g., commuters, local activities, seasonal visitors, etc..) - Service Period (summer, seasonal, daily, weekend, special events, etc..) - Service Frequency/Days/Hours of Operations]
Clearly differentiate between new, expanded, and extended services.

Revenue Vehicle Hours (RVH)
RVH do not include 'deadhead' hours to maintenance and storage facility at beginning and end of shift. If Applicants pay separate costs for deadhead hours, these costs may be included with projected annual O&M costs (Section C).

Only include (SE) Special Event RVH if providing special event service outside of normal operating hours (see Section F.) Does your Project include more than one Traditional or On Demand service? (e.g. fixed route/trolley/shuttle etc., or ride-hail/microtransit etc.) Blue Line - Dwtn Route Cont. Project (Mem - Sept 30 - Daily) Green Line - Pier to SC State Beach (Mem - Sept 30 - Daily) Proposed Service Name(s)
Red Line - Dwtn Route Cont. Project (Mem - Sept 30 - Daily) Existing Service - Other Service Modification (explain in Project Description) Red Line - Fri - Sun Year Round (excluding Mem - Sept 30 Daily) Current Service Status:

Route Name(s)
Red Line - Dwtn Route Cont. Project (Mem - Sept 30
Blue Line - Dwtn Route Cont. Project (Mem - Sept
Green Line - Pier to SC State Beach (Mem - Sept 30 -
Red Line - Fri - Sun Year Round (excluding Mem -
Project Total
1093
Orange County Transportation Authority 2024 Measure M2 Call for Projec ts Project V Application C. COST SUMMARY
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7
FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 TOTALS $ 9,000 $ - - $ - $ - $ - $ - $ $ 9,000 $ - 1,000 $ - $ - $ - $ - $ - $ $ 1,000
$ - 10,000 $ - $ - $ - $ - $ - $ $ 10,000
FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 TOTALS $ 270,000 $ - - $ - $ - $ - $ - $ $ 270,000 $ - 30,000 $ - $ - $ - $ - $ - $ $ 30,000
$ 300,000 $ 300,000
FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 TOTALS $ 1,086,832 1,047,845 $ 1,093,556 $ 1,132,802 $ 1,161,299 $ 1,198,338 $ 1,235,409 $ 7,956,081 $ $ 120,759 116,427 $ 121,506 $ 125,867 $ 129,033 $ 133,149 $ 137,268 $ $ 884,009 $ 1,208,850 1,165,532 $ 1,216,322 $ 1,259,929 $ 1,291,592 $ 1,332,746 $ 1,373,937 $ 8,848,907 $ $ (1,260) (1,260) $ (1,260) $ (1,260) $ (1,260) $ (1,260) $ (1,260) $ (8,817) $ $ 1,207,591 1,164,272 $ 1,215,063 $ 1,258,669 $ 1,290,333 $ 1,331,486 $ 1,372,677 $ $ 8,840,091 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 TOTALS $ 1,086,832 1,326,845 $ 1,093,556 $ 1,132,802 $ 1,161,299 $ 1,198,338 $ 1,235,409 $ 8,235,081 $ $ 120,759 147,427 $ 121,506 $ 125,867 $ 129,033 $ 133,149 $ 137,268 $ $ 915,009 $ 1,207,591 1,474,272 $ 1,215,063 $ 1,258,669 $ 1,290,333 $ 1,331,486 $ 1,372,677 $ 9,150,091 $ FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 TOTALS $ 610,000 592,000 $ 628,000 $ 647,000 $ 665,000 $ 685,000 $ 705,000 $ 4,532,000 $ $ 10.81 10.81 $ 10.81 $ 10.81 $ 10.81 $ 10.81 $ 10.81 $ $ 21.63 21.63 $ 21.63 $ 21.63 $ 21.63 $ 21.63 $ 21.63 $ FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 OVERALL 90.0% 90.0% 90.0% 90.0% 90.0% 90.0% 90.0% 90.0%

10.0% 10.0% 10.0% 10.0% 10.0% 10.0% 10.0% 10.0%
D. COST BREAKDOWN
Include description of anticipated expenditures below
Expenditure Anticipated Cost One-time or Recurring (i.e. monthly, annual, etc) 1 $ 2,500 2 $ 5,000
3 $ 2,500
Expenditure Anticipated Cost One-time or Recurring (i.e. monthly, annual, etc) 1 $ 300,000 Expenditure Anticipated Cost One-time or Recurring (i.e. monthly, annual, etc) 1 $ 80,000 2 $ 45,000
3 $ 10,000
4 $ 1,030,531
5 Maps $ 2,500
6 $ Annual 5,000
7 $ 2,500
Project Summary OCTA % Match
Local % Match
Signage
OCTA Maximum Limits Annual Allocation
Subsidy Rate per Boarding
Cost per Boarding
Combined Match Rates - Initial Marketing, Capital, and O&M Combined Total Total Funding Request Total Local Match
Project Total Cost
OCTA Contribution
Local Match (10%)
Total O&M Cost
Less fares collected
Net O&M Cost
Capital Total
OCTA Contribution
Local Match (10%)
Total Capital Cost
Operations & Maintenance (O&M)
Annual
Note: M2 Funding amounts will be updated in OCFundTracker at the end of each Fiscal Year to reflect transfers of savings authorized by the OCTA Board on 8/10/2023.

Marketing Total
Total Initial Marketing Cost
OCTA Contribution
Local Match (10%)
Purchase of Trolley Vehicle
Initial Marketing
One-Time
Capital
Maps
Signage
Flyers
One-Time (1st year)
One-Time (1st year)
One-Time (1st year)
Annual
Annual
Annual
Trolley Washing
Trolley Vehicle Operations (varies yearly) see attached breakdown Flyers
Fuel
Trolley Maintenance
Operations & Maintenance (O&M)
Annual
Annual
1094
Orange County Transportation Authority 2024 Measure M2 Call for Projec ts Project V Application
E. FUNDING SUMMARY
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7
FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 TOTALS $ - 1,000 $ - $ - $ - $ - $ - $ $ 1,000
$ - 30,000 $ - $ - $ - $ - $ - $ $ 30,000
$ 120,759 116,427 $ 121,506 $ 125,867 $ 129,033 $ 133,149 $ 137,268 $ $ 884,009 $ 915,009
Average User Fare ($) Anticipated per Boarding (FY 24/25 - 30/31): $ 0.00 Funding Source
(FY 24/25 to FY
30/31)
Initial
Marketing Capital O&M Funding Total
1 Fares Collected n/a n/a 8,816.50 $ 8,817 $
2 7,000.00 $ 30,000.00 $ 878,891.00 $ 915,891 $
$ 924,708
$ 915,891
Level of Commitment
Local Funding Total
Local Match (Less Fares)
Proposed Local Match
Marketing
Capital
O&M
Proposed Local Match Total
Identify party providing funds (applicant, 3rd party, etc), phase of funding contribution (marketing, capital, O&M), total funding toward the Project, and current level of funding commitment (planned, binding agreement, programmed). Enter funding totals projected for the life of the grant period (FY 24/25 to FY 30/31).

Proposed Local Match (reference only)
Funding Sources, Phases, and Amounts
There is no additional funding sources. The City's match will be coming out of the General Fund.

Programmed
General Fund Planned
If selecting "Other" regarding Level of Commitment for funding sources, provide additional information below.

There is no additional funding sources. The City's match will be coming out of the General Fund.

Describe the Agency's contingency plan to manage budget to align with service demands, and address potential local, 3rd Party partner, and/or advertising revenue, funding, and match shortfalls
1095
1096
1097
1098
1099
Orange County Transportation Authority 2024 Measure M2 Call for Projec ts Project V Application G. TRANSIT NETWORK and ACTIVITY CENTER CONNECTIVITY Regional Transit Service Connections - OC Bus routes, regional transit centers and rail stations (within 1/4 mile of Project) Operating Agency Connecting Transit Center and/or Fixed Route OCTA Route 1 1 OCTA Route 91 1 Amtrak Rail Service 1 Metrolink Rail Service 1 Local Transit Connections - locally operated fixed routes, shuttles, Project V services, etc

(within 1/4 mile of Project) Operating Agency Connecting Transit Center and/or Fixed Route Project V Funded (y/n) Service Total Connections Dana Point Dana Point Trolley Yes 1 Red Line - Dwtn Route Cont. Project (Mem - Sept 30 - Daily) 20 On Demand SC Rides San Clemente Yes 2 Blue Line - Dwtn Route Cont. Project
(Mem - Sept 30 - Daily) 20
Senior Mobility Program San Clemente No 3 Green Line - Pier to SC State Beach (Mem - Sept 30 - Daily) 20 4 Red Line - Fri - Sun Year Round (excluding Mem - Sept 30 Daily) 20 Project Total Connections 80 Activity Center Connections - list all relevant activity centers (within a reasonable distance) served by the Project routes/service areas Service 1 Red Line - Dwtn Route Cont. Project (Mem - Sept 30 - Daily) 2 Blue Line - Dwtn Route Cont. Project (Mem - Sept 30 - Daily) 3 Green Line - Pier to SC State Beach (Mem - Sept 30 - Daily) 4 Red Line - Fri - Sun Year Round (excluding Mem - Sept 30 Daily) Service 1 Red Line - Dwtn Route Cont. Project (Mem - Sept 30 - Daily) 2 Blue Line - Dwtn Route Cont. Project (Mem - Sept 30 - Daily) 3 Green Line - Pier to SC State Beach (Mem - Sept 30 - Daily) 4 Red Line - Fri - Sun Year Round (excluding Mem - Sept 30 Daily) Service 1 Red Line - Dwtn Route Cont. Project (Mem - Sept 30 - Daily) 2 Blue Line - Dwtn Route Cont. Project (Mem - Sept 30 - Daily) 3 Green Line - Pier to SC State Beach (Mem - Sept 30 - Daily) 4 Red Line - Fri - Sun Year Round (excluding Mem - Sept 30 Daily)
Key Destinations Community and Cultural Centers
Enter total number of transit connections for each Project route / service area below.

San Clemente Outlets, San Clemente Pier, etc. San Clemente Library San Clemente Outlets, DMV, Dana Point Line, etc. Click to enter. San Clemente State Park, San Onofre State Park, Hotels and more San Clemente Library San Clemente Outlets, San Clemente Pier, etc. San Clemente Library Affordable Housing and High-Density Communities Tourist Attractions and Event Venues Retail,
Downtown Workforce Serra Housing San Clemente Outlets, San Clemente Pier, Beaches, Parks, Caminio Capistrano Shores San Clemente Outlets, San Clemente Pier, Beaches, Parks, Ave Comercio, Ave Magdalena (Ocean Fairways) San Clemente State Park, Beaches, Parks, WSL Surfing World Title at Trestles - San Onofre State Beach Downtown Workforce Serra Housing San Clemente Outlets, San Clemente Pier, Beaches, Parks, Other Regional Trip Generators Retails Retail, Hotels, SC Municipal Golf Course, Schools, Apartments, Medical Centers Retail 1100
Orange County Transportation Authority 2024 Measure M2 Call for Projec ts Project V Application H. COST EFFECTIVENESS FORECAST Provide rationale and supporting materials for opening date of service and ridership projections withing supplemental application documentation Anticipated use of Project V 2024 grant funding
Service Opening Mo. of Service Opening FY of Service Projected Average Annual Ridership Annual Operating Days Avg Daily Rideship 1 Red Line - Dwtn Route Cont. Project
(Mem - Sept 30 - Daily) Jan FY 24/25 299,000 130 2,300.0 2 Blue Line - Dwtn Route Cont. Project
(Mem - Sept 30 - Daily) Jan FY 24/25 65,000 130 500.0
3 Green Line - Pier to SC State Beach (Mem
- Sept 30 - Daily) Jan FY 24/25 35,750 130 275.0
4 Red Line - Fri - Sun Year Round (excluding
Mem - Sept 30 Daily) Jan FY 24/25 230,000 100 2,300.0
Average Annual Project Ridership (an cipated): 629,750 Average Annual O&M Cost (FY 24 to FY 31): 1,262,870 $ 2.01 100.71 $ I. PROJECT READINESS Yes (if Yes) Dates of existing contract procurement (advertisement) and award (selection) or extension: 5-14-24 (RFP Released) and 6-18-24 (Awarded) (if Yes) Was existing contract competitively procured? Yes (if Yes) Duration and expiration date of current transportation service Vendor contract? 6/30/2027 with two (1 year) extensions available When does Agency plan to procure (or re-procure) transporation service Vendor contract for Project V operations? 5/1/2027 Implementation Timeline
Performance Monitoring
See attached - Supporting Documenation.

Average Cost per
Boarding
Does Agency have an active contract with an appropriate transporation service Vendor and plan to use Vendor to operate proposed Project V services? For each Existing and New service proposed, provide a proposed timeline with proposed dates for key Project Readiness activities, including vehicle and operator procurement; any required training, startup testing and marketing activities in anticipation of revenue operations in the opening month/year for all Services identified in Section H tables, above. (Note: If Agencies have an existing Transportation Service Vendor, successful Project V recipients must competitively reprocure Vendor services by June 30, 2026.) See attached - Supporting Documenation.

Describe Agency approach to establishing reasonable thresholds and monitoring Project V Vendor key performance indicators (KPIs) including Customer Satisfaction (CS) and On-Time Performance (OTP) Average Cost per Rev. Hr
1101
Attachment 3

FIRST AMENDMENT TO

PROFESSIONAL CONSULTANT SERVICES AGREEMENT FOR
SAN CLEMENTE TROLLEY TRANSIT OPERATION SERVICES – RED & BLUE LINE

This First Amendment to Professional Consultant Services Agreement for San Clemente Trolley Transit Operation Services – Red & Blue Line (this “First 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 LAZ Parking California LLC (“Consultant”).

R E C I T A L S:

A. City and Consultant entered into that certain Professional Consultant Services Agreement for San Clemente Trolley Transit Operation Services – Red & Blue Line (the “Original Agreement”) on or about June 18, 2024.

B. City and Consultant desire to amend the Agreement in the manner provided herein.

C O V E N A N T S:

Section 3.1.1 of the Agreement is hereby amended to expand trolley services by including year-round Friday service on the Red Line, beginning October 1, 2025, resulting in an additional 5,034 service hours over the three-year term.

Section 3.3.1 of the Agreement is hereby amended to increase the total not to exceed contract amount from $1,871,665.80 to TWO MILLION TWO HUNDRED SEVENTY-TWO THOUSAND TWENTY-ONE AND SIX CENTS ($2,272,021.06).

Exhibit D of the Agreement is hereby amended to increase the Estimated Annual Service Hours for Year 1 to 8,908, Year 2 to 2,008, and Year 3 to 2,008.

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]
1102
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.

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

____________________________
LAZ Parking California LLC
(“CONSULTANT”)
By:________________________________
(Name, Title)
Dated: ___________________________
By:________________________________
(Name, Title)
Dated: __________________________
1103
Attachment 4

FIRST AMENDMENT TO

PROFESSIONAL CONSULTANT SERVICES AGREEMENT FOR
SAN CLEMENTE TROLLEY TRANSIT OPERATION SERVICES – GREEN LINE

This First Amendment to Professional Consultant Services Agreement for San Clemente Trolley Transit Operation Services – Green Line (this “First 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 LAZ Parking California LLC (“Consultant”).

R E C I T A L S:

A. City and Consultant entered into that certain Professional Consultant Services Agreement for San Clemente Trolley Transit Operation Services – Green Line (the “Original Agreement”) on or about June 18, 2024.

B. City and Consultant desire to amend the Agreement in the manner provided herein.

C O V E N A N T S:

Section 3.1.1 of the Agreement is hereby amended to expand trolley services by starting services Memorial Weekend, resulting in an additional 2,682 service hours over the three-year term.

Section 3.3.1 of the Agreement is hereby amended to increase the total not to exceed contract amount from $545,092.08 to EIGHT HUNDRED TWENTY THOUSAND SEVEN HUNDRED TWENTY-ONE AND TWENTY-TWO CENTS ($820,721.22).

Exhibit D of the Agreement is hereby amended to increase the Estimated Annual Service Hours for Year 1 to 2,662, Year 2 to 2,662, and Year 3 to 2,662.

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]
1104
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.

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

LAZ Parking California LLC
(“CONSULTANT”)
By:________________________________
(Name, Title)
Dated: ___________________________
By:________________________________
(Name, Title)
Dated: __________________________
1105
Attachment 5
1106
1107
1108
1109
1110
1111
1112
1113
1114
1115
1116
1117
1118
1119
1120
1121
1122
1123
1124
1125
1126
1127
1128
Attachment 6
1129
1130
1131
1132
1133
1134
1135
1136
1137
1138
1139
1140
1141
1142
1143
1144
1145
1146
1147
1148
1149
1150
Attachment 7
1151
5/14/25
1152
President
Purchaser Signature
Notes/Comments: Includes ADA Cover
6/5/2025
Contact Name
Title
Title
City, St, Zip
$ 35,812.65
$ is due at time of pick up or delivery. 202,938.35
Email Fax
Phone
QUOTE #
VL178G - Villager 29' FORD F53 V-8 7.3L

GASOLINE
Payment Terms:

Company
Model
2027
Year
Customer:

Factory Discount/DD
DLV040 - DEALER

SCHEDULED DELIVERY
$0.00
Passengers
24-26
GVW
Date Requested: No Specification
Address
22000
(15%) is due at time of placing the Purchase Order
$ (15%) is due 90 days before build completion 35,812.65 Total Cost Delivered
Quantity
Grand Total
Double K, Inc. d/b/a Hometown Trolley Signature
Title:

Totals

TROLLEY TREATS
$ 238,751.00 Total Cost
(Base+Options)
Options see page 2 $ 37,445.00
Date: Date:

Price Quote 2025 Created for: City of San Clemente
Fatana Temory
6/5/2025
101824DH-02
Fatana Temory
Management Analyst
[email protected]
$ 238,751.00
City of San Clemente, CA
$238,751.00
1 $ 201,306.00 Body and Chassis Base
Price see page 2
**Customer is responsible for all taxes and licensing requirements** $ Customer has secureed in financing 238,751.00
CUSTOMER NAME:

VILLAGER
Hometown Trolley/Coach Price Quote 2025
Georgia DOAS Pricing / Contract #99999-SBD-SBD0000212-0002 P.O. Box 185 Crandon, WI 54520
P. 715-301-0149
www.hometown-mfg.com
QUOTE Page 1 1153
QUOTE #

CHASSIS OPTIONS
Standard - STANDARD WIRING WITH PRINTED WIRE
CH0220 - SPARE TIRE/WHEEL 19.5" SHIP LOOSE $ 887.00
$ 675.00
Trolley Upgrades/Options in addition to base price
(in some cases replaces what is listed as standard equipment) $ 877.50
$ 3,375.00
$ 3,375.00
AV0100 - PAGE, SPEAKER EXTERIOR (EACH)
$ 877.50
$ 3,375.00
$ 3,375.00
EX0040 - FRONT BUMPER COW CATCHER WOVEN WIRE - BLACK
Standard - ALTRO TRANSIT ONE-PIECE FLOOR - TAN $ - 1 $ - $ 101.25
1 $ 887.00
AV0140 - MIC,HANDHELD PANASONIC
$ 1,282.50

$ - $ -
AUDIO VIDEO OPTIONS:
$ 101.25 1
CH0320 - WHEEL, SIMULATORS 19.5" (SET OF 4)
$ 3,626.00
Exterior Options:
1 Flooring Options:

HVAC OPTIONS:
$ 135.00 $ 135.00
$ 7,323.75
Paratransit Options:

ADA200 - Q'STRAINT SLIDE-N-CLICK ( EACH POSITION)
ADA020 - LIFT, PACKAGE BRAUN CENTURY, PLATFORM PRIORITY SEATING SIGNS, ADA LOCATION SIGNS, ADA

LIGHTING, INTERLOCK, AUDIBLE
$ - 2 $ -
1 1
EX0050 - OPEN AIR SECTION (PAIR) FRONT HALF INCLUDES RAIN CURTAINS AND GUARD RAILS EX0051 - OPEN AIR SECTION (PAIR) REAR HALF INCLUDES RAIN CURTAINS AND GUARD RAILS $ -
$ -
Standard - OAK INTERIOR WITH TRIM $ - 1 $ -
SA0225 - BACK UP CAMERA- COLOR MONITOR
ADA280 - STORAGE BOX FOR BELTS - HOLDS 1 SETS
ADA221 - DUAL CHIME SIGNAL, PASSENGER STOP REQUEST BULKHEAD MOUNTED $ 594.00
$ 243.00
$ 7,323.75 1
$ -
$ 918.00
$ 648.00 1 $ 648.00
$ 1,053.00 1 $ 1,053.00
$ -
$ 74.25
$ -
Safety Options:
2 2
ADA240 - 2 POSITION FLIP SEAT PERIMETER FOLD UP WITH WOOD SLATS 1 $ 918.00
Standard - STAINLESS HANDRAILS HORIZONTAL AND ENTRY
1 $ 243.00
1 $ 972.00
EL0180 - DC ALTERNATOR 240 AMP ALTERNATOR ( Ford)
Part # / Description Each QTY
EL0200 - INVERTOR FOR 110v OUTLET (USED FOR DECORATIVE LIGHTING) $ -
$ 1,282.50
1 1
1 Electrical Options:
$ -
1 $ 972.00
1 $ -
1 Extension
Standard - AM/FM/CD/IPOD/USB WITH 8 SPEAKERS
AV0120 - PAGE SYSTEM REI W/ 4 SPEAKERS
AV0300 - PROVISION BUS WATCH 4 CAMERA SYSTEM $ 3,626.00 1 $ -
GR100 - THIRD PPG COLOR COMBINATION - BODY $ 769.50 1
Standard - 2 Tone PPG Paint and HT Stripe Package (stock vinyl colors only) $ - Fare Collection Options:

IN0120 - INTERIOR OAK AD CARD HOLDER J-RAIL BOTH SIDES
SA0020 - ESCAPE HATCH DELUXE MODEL (TRANSPEC)
Graphics Options:

Interior Options:
$ 769.50
8 1
1 IN0240 - LEATHER GRAP STRAPS
$ -
QUOTE Page 2 1154
QUOTE #

TROLLEY TREATS
Price Quote 2025 Created for: City of San Clemente
Fatana Temory
6/5/2025
CUSTOMER NAME: 101824DH-02
Hometown Trolley/Coach Price Quote 2025
Georgia DOAS Pricing / Contract #99999-SBD-SBD0000212-0002 P.O. Box 185 Crandon, WI 54520
P. 715-301-0149
www.hometown-mfg.com
Total Options $ 37,445.00
FCD120 - TRANSIGN LED DESTINATION SIGN W/SOFTWARE AND CONTROL (SYSTEM INCLUDED FRONT LED SIGN , PROGRAMING CONTROLLER PAD, SOFTWARE) $ 3,172.50 1 $ 3,172.50 DLV040 - DEALER SCHEDULED DELIVERY $ 7,417.00 1 $ 7,417.00 Delivery Options
Extended Warranty Options
Passenger Seating Options:

Driver Seating Options:

Standard - Vintage style seats with oak slats (per double seat) TROLLEY $ - 1 $ - Standard - BOSTRUM AIR SUSPENSION SEAT BLACK FABRIC $ - 1 $ - QUOTE Page 3 1155
1156
1157
1158
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: June 17, 2025 Agenda Item: 11V.

Submitted By: Public Works
Prepared By: Fatana Temory, Management Analyst
Zak Ponsen, Assistant City Engineer
Subject:
..titl e
CONSIDERATION OF A RESOLUTION TO ACCEPT OCTA MEASURE M2 PROJECT V GRANT FUNDING, APPROVE A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $150,000, AWARDING A PROFESSIONAL SERVICES AGREEMENT TO LYFT, INC. FOR SAN

CLEMENTE RIDESHARE SERVICES PROGRAM (SC RIDES), AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT AND FINDING THE PROJECT CATEGORICALLY ..body EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Fiscal Impact:

This action will accept Orange County Transportation Authority (OCTA) grant revenue of $3,264,428 for On-Demand Transit Services, and enter into a professional service agreement with Lyft, Inc. (Lyft) for a three-year contract for $1,050,000. The estimated total annual cost for the SC Rides program is $350,000. OCTA will fund 50% of this program up to $150,000 per year, resulting in a potential $200,000 annual match from the City. There are available funds within the Local Transit Program Fund for the Fiscal Year (FY) 2025/26 approved budget. Funding for future years will be recommended during the FY 2026/27 and FY 2027/28 budget process. Additional detailed financial information is discussed below.

Summary:

Staff requests the approval of Resolution No. 25-105 authorizing the formal acceptance of the OCTA Measure M2 Project V grant funding for on-demand transit services, and approving a Professional Services Agreements between Lyft and the City of San Clemente for Rideshare Services.

Background:

In 2016, the City Council approved an agreement with Lyft to implement a pilot on-demand transportation service titled “SC Rides,” designed to help mitigate the loss of former local bus routes 191 and 193 which were cancelled by the Orange County Transportation Authority (OCTA). In 2018, the City executed an agreement with Butterfli to provide a companion service capable of providing on-demand rides for SC Rides users requiring special assistance (e.g., wheelchairs, canes, walkers) that can’t be accommodated by typical Lyft contracted drivers.

The SC Rides program allows riders daily discounted rides within a 0.25-mile radius of the original 191 and 193 bus routes. Riders save up to $9 on rides, and pay as low as $2 a ride. The SC Rides program has an average of 3,500 riders a month.

Under the previous OCTA’s Project V grant program, OCTA awarded funds to the City to provide 1159
Meeting Date: June 17, 2025 Agenda Item: 11V.

CITY OF SAN CLEMENTE 2
up to 90% of the cost of this program through June 30, 2025. The Butterfli agreement was 100% funded by OCTA.

Last year, the City submitted an application to OCTA for the 2024 Project V Grant, requesting a new grant to continue the program. Staff is pleased to announce the recent approval of the grant, which will allow for continuation of the SC Rides program and the creation of a new Last Mile On-Demand Transit Program through the Fiscal Year (FY) 2030/31. The Last Mile Program will be brought to City Council at a later date for a potential start of the program in the summer of 2026.

The City will receive $3,264,428 through the 2024 OCTA Project V Grant to support on-demand transit programs through FY 2030/2031. However, under the new grant guidelines, OCTA’s contribution will decrease to 50%, requiring the City to provide a matching contribution of 50%.

Additionally, under recent OCTA requirements, the selected vendor must provide ADA-compliant rides, either directly or through a subcontractor. The City can no longer have two separate contracts for these services.

While the cooperative agreement is still in process, the projects have been granted pre-award authority by OCTA to allow the City to begin implementation efforts. Staff will be returning to the City Council at a future date once the cooperative agreements are ready for final approvals. In the future, the City may consider reducing its cost for the program by reducing the area of service and decreasing the rider subsidy.

Discussion:

The current contracts with Lyft and Butterfli are set to expire on June 30, 2025. Pursuant to City Policy 201-2-3, Staff conducted a Request for Proposals (RFP) for Rideshare Services on May 19, 2025 through PlanetBids. Staff advertised a Request for Proposals (RFP) from qualified transportation service contractors to provide rideshare services for the period of three years commencing July 1, 2025, with the option, at the City's sole discretion, to award two additional years.

On June 4, 2025, the City received a proposal from one (1) vendor: Lyft, Inc. After careful evaluation, Staff found Lyft demonstrated superior knowledge in the program and working alongside OCTA to provide accurate data analysis required for Project V reporting. In addition, Lyft is currently the provider the City’s rideshare program and has provided good service to the City and its riders. Lyft has been accessible, responsive and willing to work with the City to adjust practices and reporting as needed throughout the existing contract. Lyft has also proposed that ADA rides will be provided through Butterfli; Butterfli will be serving as a subcontractor to their contract. Staff’s recommendation is based on the combination of various factors including technical expertise, methodology and work plan, project experience, staff qualifications, delivery schedule, quality control, local knowledge and fair and reasonable cost. Staff recommends the contract be awarded to Lyft.

The current average monthly invoice for Lyft is approximately $26,000, with a City subsidy rate of $9 per ride. Beginning July 1, 2025, the City’s required match for the program will increase to 50%. As a result, the City may consider adjusting the subsidy rate if program costs rise. If the subsidy rate and ridership remains the same, the estimated annual total cost is $350,000. OCTA 1160
Meeting Date: June 17, 2025 Agenda Item: 11V.

CITY OF SAN CLEMENTE 3
will fund 50% of this program up to $150,000, resulting in a potential $200,000 annual match from the City. However, since costs have remained consistent to date, Staff recommends maintaining the current subsidy rate. Staff will continue to monitor costs closely and, if necessary, return to Council with a recommendation to reduce the City’s subsidy rate contribution or alter the program if it appears to potentially exceed the $200,000 cost to the City.

Since the Project V grant funding amount was not known at the time of the adoption of the FY 2025/26 City budget, staff is recommending a supplemental appropriation of $150,000 to fund operational cost for FY 2025/26 from the OCTA grant.

Council Options:
 Approve Resolution No. 25-105, which will formally accept the OCTA Measure M2 Project V grant funding, authorize a supplemental appropriation of $150,000, and authorize the City Manager to enter a Professional Services Agreement between Lyft and the City of San Clemente for Rideshare Services.
 Modify and adopt Resolution No. 25-105.
 Continue the Item and provide Staff with alternative direction.  Do not approve the Professional Services Agreements with Lyft for Rideshare Services. Note:

The Lyft and Butterfli contract expire on June 30, 2025. This would result in the City disrupting the SC Rides Program.

Environmental Review/Analysis:

Staff recommends that the City Council determine this project to be categorically exempt from the California Environmental Quality Act (CEQA) under Public Resources Code section 21080(b)(10) because it is a project for the institution or increase of passenger or commuter services on rightsof-way already in use.

Recommended Actions:

Staff Recommendation ..recommendation
..recommendation
Staff recommends that the City Council adopt Resolution No. 25-105, which would:
..recommendation

1. Find the project statutorily exempt from CEQA under Public Resources Code section 21080(b)(10).

2. Accept the OCTA 2024 Project V Grant for on-demand transit service in the amount of $3,264,428 (to Local Transit Program revenue account 021-000-33790); and

3. Approve a supplemental appropriation in the amount of $150,000 from the Local Transit Program revenue account 021-000-33790 to the SC Rides contract expenditure account 021- 808-43890; and
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Meeting Date: June 17, 2025 Agenda Item: 11V.

CITY OF SAN CLEMENTE 4

4. Award a three-year Professional Services Agreement contract to Lyft, Inc. for on-demand SC Rides rideshare services with the option, at the City's sole discretion, to award two additional years; and

5. Approve, and authorize the City Manager to execute the three-year Professional Services Agreement contract by and between the City of San Clemente and Lyft, Inc. for on-demand SC Rides rideshare services with the option, at the City's sole discretion, to exercise two additional years, in an amount not to exceed $1,050,000 in a contract form substantially similar to that presented to City Council on June 17, 2025. ..end
Attachment:

1. Resolution No. 25-105

2. OCTA Project V Grant Summary Application

3. Lyft Professional Services Agreement

4. Lyft Proposal
Notification:

None.
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Attachment 1
RESOLUTION NO. 25-105

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ACCEPTING OCTA
MEASURE M2 PROJECT V GRANT FUNDING,

APPROVING A SUPPLEMENTAL APPROPRIATION TO

THE CITY LOCAL TRANSIT PROGRAM FUND,

AUTHORIZING THE CITY TO ENTER INTO CONTRACT

BETWEEN LYFT FOR THE SAN CLEMENTE RIDESHARE

SERVICES PROGRAM (SC RIDES), AUTHORIZING THE

CITY MANAGER TO EXECUTE THE CONTRACT AND

FINDING THE PROJECT CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

UNDER PUBLIC RESOURCES CODE SECTION
21080(B)(10)
WHEREAS, on June 18, 2024, City Council authorized staff to submit a grant application for Orange County Transportation Authority (OCTA) Measure M2 Project V funding for conitnuation and expansion of the City’s on-demand SC Rides rideshare program; and
WHEREAS, the City was awarded $3,264,428 for on-demand transit programs with funds available from Fiscal Year (FY) 2024/25-2030/31; and WHEREAS, the City is requried to match OCTA grants funds with a 50 percent fair share contribution and all cost above $150,000; and
WHEREAS, the City wishes to continue providing rideshare services to help mitigate the loss of former local bus routes 191 and 193; and
WHEREAS, the professional on-demand transportation services under Amendment No. 3 with Lyft and Butterfli expires on June 30, 2025.

WHEREAS, the City of San Clemente released a Request For Proposals for Rideshare Services on PlanetBid; and
WHEREAS, the City of San Clemente deemed Lyft, Inc. as the highest-ranked firm among the proposals received; and
WHEREAS, the City of San Clemente requests the approval of a new professional services agreement between Lyft, Inc. and the City of San Clemente for rideshare services through July 1, 2028 in an amount not to exceed $1,050,000.

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

SECTION 1. That the above recitations are true and correct and incorporated fully herein.
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Resolution No. 25-105 Page 2
SECTION 2. That this project is categorically exempt from the California Environmental Quality Act (CEQA) under Public Resources Code section 21080(b)(10) because it is a project for the institution or increase of passenger or commuter services on rights-of-way already in use.

SECTION 3. That the City hereby accept the OCTA 2024 Project V Grant for ondemand transit programs in the amount of $3,264,428 (to Local Transit Program revenue account 021-000-33790).

SECTION 4. That the supplemental appropriation in the amount of $150,000 from the Local Transit Program revenue account 021-000-33790 to the SC Rides contract expenditure account 021-808-43890 is hereby approved.

SECTION 5. That a three-year Professional Services Agreement is hereby awarded to Lyft, Inc. for on-demand SC Rides rideshare services with the option, at the City's sole discretion, to award two additional years.

SECTION 6. That the City Manager is authorize to execute the three-year Professional Services Agreement contract by and between the City of San Clemente and Lyft, Inc. for on-demand SC Rides rideshare services with the option, at the City's sole discretion, to award two additional years, in an amount not to exceed $1,050,000 in a form substantially similar to that presented to City Council on June 17, 2025.

SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of June, 2025.

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. 25-105 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 June, 2025. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
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ATTACHMENT A RECOMMENDED FOR FUNDING No Agency Project 1,2 Initial Marketing O&M Total M2 Grant Local Match Match Rate Total Project Cost 1 Anaheim Anaheim Canyon Circulator -$ - $ 331,714 $ 331,714 $ 36,857 $ 10% 368,571 $ 2 County of Orange Expanded RanchRide Transit Service Program -$ 339,660 $ 3 880,124 $ 1,219,784 $ 135,532 $ 10% 1,355,316 $ 3 Dana Point Dana Point Trolley Continuity Program -$ - $ 2,702,000 $ 2,702,000 $ 2,157,326 $ 44% 4,859,326 $ 4 Irvine Irvine Special Event Circulators 44,500 $ 407,086 $ 4,019,835 $ 4,471,421 $ 552,648 $ 11% 5,024,069 $ 5 Laguna Beach Off-Season Weekend and Seasonal Services -$ - $ 5,212,250 $ 5,212,250 $ 622,550 $ 11% 5,834,800 $ 6 Laguna Beach Laguna Canyon Road/El Toro Road Laguna Local Service 12,500 $ - $ 2,011,989 $ 2,024,489 $ 2,024,489 $ 50% 4,048,978 $ 7 Laguna Niguel Laguna Niguel Summer Trolley Program 72,000 $ 1,853,176 $ 3 1,530,609 $ 3,455,785 $ 383,976 $ 10% 3,839,761 $ 8 Los Alamitos Los Alamitos On-Demand Service 1,000 $ 333,056 $ 3 1,596,416 $ 1,930,472 $ 1,930,472 $ 50% 3,860,944 $ 9 Mission Viejo Mission Viejo Circulator and Special Event -$ 51,100 $ 4,372,445 $ 4,423,545 $ 507,727 $ 10% 4,931,272 $ 10 Newport Beach Balboa Peninsula Trolley Service Continuation 18,000 $ 1,315,260 $ 3 1,241,460 $ 2,574,720 $ 318,692 $ 11% 2,893,412 $ 11 San Clemente Trolley Program 9,000 $ 270,000 $ 3 7,956,081 $ 8,235,081 $ 915,009 $ 10% 9,150,090 $ 12 San Clemente On-Demand Transit Programs 7,500 $ 398,448 $ 3 2,858,480 $ 3,264,428 $ 3,313,522 $ 50% 6,577,950 $ 13 San Juan Capistrano Expanded Summer Weekend and Special Event Trolley Service 9,000 $ 595,800 $ 3 1,921,212 $ 2,526,012 $ 280,668 $ 10% 2,806,680 $ 42,371,701 $ 13,179,468 $ 55,551,169 $ *Adjustments between phase allocations within a project can occur after programming approval; however, changes will not impact total M2 grant amoun FUTURE CONSIDERATION FOR FUNDING 1 Huntington Beach Special Event Shuttle Service 4 11,250 $ 439,830 $ 426,510 $ 877,590 $ 122,510 $ 12% 1,000,100 $ 2 Newport Beach Balboa Island/Corona del Mar Microtransit Service 5 -$ - $ 2,142,648 $ 2,142,648 $ 2,142,648 $ 50% 4,285,296 $ 3 Orange, City of Orange Community Circulator 1,6 80,000 $ - $ 2,146,600 $ 2,226,600 $ 247,400 $ 10% 2,474,000 $ 5,246,838 $ 2,512,558 $ 7,759,396 $ NOT RECOMMENDED FOR FUNDING 1 Costa Mesa Costa Mesa Community Based On-Demand Services 7 -$ 218,148 $ 939,803 $ 1,157,951 $ 1,273,331 $ 52% 2,431,282 $ 2 Garden Grove Garden Grove On-Demand Service 7 4,968 $ 303,061 $ 1,622,785 $ 1,930,814 $ 1,934,092 $ 50% 3,864,906 $ 3,088,765 $ 3,207,423 $ 6,296,188 $ 4. Project award contingent on receipt of application review comment response information. Future funding amount request and match rate may differ from what is listed here. 5. Project V-funded planning study anticipated to be completed by December 2024. City indicated following their initial request that they are considering traditional fixed route, as well as microtransit. Future funding amount request and match rate may differ from what is listed here. 6. Project V-funded planning study anticipated to be completed by December 2024/January 2025. Future funding amount request and match rate may differ from what is listed here. 7. Did not meet Project V general program objectives. Acronyms: M2 - Measure M2 O&M - Operations and maintenance OCTA - Orange County Transportation Authority TOTAL UNFUNDED 1. The cities of Buena Park and Orange submitted Project V applications that were not considered for funding. Local jurisdictions were deemed ineligible to receive M2 funds by the OCTA Board of Directors on May 28, 2024. 2. The cities of Huntington Beach and Seal Beach withdrew applications, Huntington Beach (HB) On-Demand Rideshare Program, totaling $3,220,000, and Seal Beach Microtransit Service Program, totaling $3,358,446, respectively. 3. Capital funding request to support vehicle lease or purchase, consistent with the intent of the Comprehensive Transportation Funding Programs Guidelines for Project V. 2024 Measure M2 Community-Based Transit Circulators (Project V) Call for Projects Programming Recommendations Capital TOTAL RECOMMENDED PROGRAMMING* TOTAL PENDING Attachment 2 1166
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Orange County Transportation Authority 2024 Measure M2 Call for Projec ts Project V Application
Application Instructions
Project #1: Applicant: A. PROJECT INFORMATION
Project Name:

Route Name(s)
Red Line - Dwtn Route Cont. Project (Mem - Sept 30
Blue Line - Dwtn Route Cont. Project (Mem - Sept
Green Line - Pier to SC State Beach (Mem - Sept 30 -
Red Line - Fri - Sun Year Round (excluding Mem -
Project Total
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Orange County Transportation Authority 2024 Measure M2 Call for Projec ts Project V Application C. COST SUMMARY
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7
FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 TOTALS $ 9,000 $ - - $ - $ - $ - $ - $ $ 9,000 $ - 1,000 $ - $ - $ - $ - $ - $ $ 1,000
$ - 10,000 $ - $ - $ - $ - $ - $ $ 10,000
FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 TOTALS $ 270,000 $ - - $ - $ - $ - $ - $ $ 270,000 $ - 30,000 $ - $ - $ - $ - $ - $ $ 30,000
$ 300,000 $ 300,000
FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 TOTALS $ 1,086,832 1,047,845 $ 1,093,556 $ 1,132,802 $ 1,161,299 $ 1,198,338 $ 1,235,409 $ 7,956,081 $ $ 120,759 116,427 $ 121,506 $ 125,867 $ 129,033 $ 133,149 $ 137,268 $ $ 884,009 $ 1,208,850 1,165,532 $ 1,216,322 $ 1,259,929 $ 1,291,592 $ 1,332,746 $ 1,373,937 $ 8,848,907 $ $ (1,260) (1,260) $ (1,260) $ (1,260) $ (1,260) $ (1,260) $ (1,260) $ (8,817) $ $ 1,207,591 1,164,272 $ 1,215,063 $ 1,258,669 $ 1,290,333 $ 1,331,486 $ 1,372,677 $ $ 8,840,091 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 TOTALS $ 1,086,832 1,326,845 $ 1,093,556 $ 1,132,802 $ 1,161,299 $ 1,198,338 $ 1,235,409 $ 8,235,081 $ $ 120,759 147,427 $ 121,506 $ 125,867 $ 129,033 $ 133,149 $ 137,268 $ $ 915,009 $ 1,207,591 1,474,272 $ 1,215,063 $ 1,258,669 $ 1,290,333 $ 1,331,486 $ 1,372,677 $ 9,150,091 $ FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 TOTALS $ 610,000 592,000 $ 628,000 $ 647,000 $ 665,000 $ 685,000 $ 705,000 $ 4,532,000 $ $ 10.81 10.81 $ 10.81 $ 10.81 $ 10.81 $ 10.81 $ 10.81 $ $ 21.63 21.63 $ 21.63 $ 21.63 $ 21.63 $ 21.63 $ 21.63 $ FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 OVERALL 90.0% 90.0% 90.0% 90.0% 90.0% 90.0% 90.0% 90.0%

Marketing Total
Total Initial Marketing Cost
OCTA Contribution
Local Match (10%)
Purchase of Trolley Vehicle
Initial Marketing
One-Time
Capital
Maps
Signage
Flyers
One-Time (1st year)
One-Time (1st year)
One-Time (1st year)
Annual
Annual
Annual
Trolley Washing
Trolley Vehicle Operations (varies yearly) see attached breakdown Flyers
Fuel
Trolley Maintenance
Operations & Maintenance (O&M)
Annual
Annual
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Orange County Transportation Authority 2024 Measure M2 Call for Projec ts Project V Application
E. FUNDING SUMMARY
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7
FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 TOTALS $ - 1,000 $ - $ - $ - $ - $ - $ $ 1,000
$ - 30,000 $ - $ - $ - $ - $ - $ $ 30,000
$ 120,759 116,427 $ 121,506 $ 125,867 $ 129,033 $ 133,149 $ 137,268 $ $ 884,009 $ 915,009
Average User Fare ($) Anticipated per Boarding (FY 24/25 - 30/31): $ 0.00 Funding Source
(FY 24/25 to FY
30/31)
Initial
Marketing Capital O&M Funding Total
1 Fares Collected n/a n/a 8,816.50 $ 8,817 $
2 7,000.00 $ 30,000.00 $ 878,891.00 $ 915,891 $
$ 924,708
$ 915,891
Level of Commitment
Local Funding Total
Local Match (Less Fares)
Proposed Local Match
Marketing
Capital
O&M
Proposed Local Match Total
Identify party providing funds (applicant, 3rd party, etc), phase of funding contribution (marketing, capital, O&M), total funding toward the Project, and current level of funding commitment (planned, binding agreement, programmed). Enter funding totals projected for the life of the grant period (FY 24/25 to FY 30/31).

Proposed Local Match (reference only)
Funding Sources, Phases, and Amounts
There is no additional funding sources. The City's match will be coming out of the General Fund.

Programmed
General Fund Planned
If selecting "Other" regarding Level of Commitment for funding sources, provide additional information below.

There is no additional funding sources. The City's match will be coming out of the General Fund.

Describe the Agency's contingency plan to manage budget to align with service demands, and address potential local, 3rd Party partner, and/or advertising revenue, funding, and match shortfalls
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Orange County Transportation Authority 2024 Measure M2 Call for Projec ts Project V Application G. TRANSIT NETWORK and ACTIVITY CENTER CONNECTIVITY Regional Transit Service Connections - OC Bus routes, regional transit centers and rail stations (within 1/4 mile of Project) Operating Agency Connecting Transit Center and/or Fixed Route OCTA Route 1 1 OCTA Route 91 1 Amtrak Rail Service 1 Metrolink Rail Service 1 Local Transit Connections - locally operated fixed routes, shuttles, Project V services, etc

San Clemente Outlets, San Clemente Pier, etc. San Clemente Library San Clemente Outlets, DMV, Dana Point Line, etc. Click to enter. San Clemente State Park, San Onofre State Park, Hotels and more San Clemente Library San Clemente Outlets, San Clemente Pier, etc. San Clemente Library Affordable Housing and High-Density Communities Tourist Attractions and Event Venues Retail,
Downtown Workforce Serra Housing San Clemente Outlets, San Clemente Pier, Beaches, Parks, Caminio Capistrano Shores San Clemente Outlets, San Clemente Pier, Beaches, Parks, Ave Comercio, Ave Magdalena (Ocean Fairways) San Clemente State Park, Beaches, Parks, WSL Surfing World Title at Trestles - San Onofre State Beach Downtown Workforce Serra Housing San Clemente Outlets, San Clemente Pier, Beaches, Parks, Other Regional Trip Generators Retails Retail, Hotels, SC Municipal Golf Course, Schools, Apartments, Medical Centers Retail 1175
Orange County Transportation Authority 2024 Measure M2 Call for Projec ts Project V Application H. COST EFFECTIVENESS FORECAST Provide rationale and supporting materials for opening date of service and ridership projections withing supplemental application documentation Anticipated use of Project V 2024 grant funding
Service Opening Mo. of Service Opening FY of Service Projected Average Annual Ridership Annual Operating Days Avg Daily Rideship 1 Red Line - Dwtn Route Cont. Project
(Mem - Sept 30 - Daily) Jan FY 24/25 299,000 130 2,300.0 2 Blue Line - Dwtn Route Cont. Project
(Mem - Sept 30 - Daily) Jan FY 24/25 65,000 130 500.0
3 Green Line - Pier to SC State Beach (Mem
- Sept 30 - Daily) Jan FY 24/25 35,750 130 275.0
4 Red Line - Fri - Sun Year Round (excluding
Mem - Sept 30 Daily) Jan FY 24/25 230,000 100 2,300.0
Average Annual Project Ridership (an cipated): 629,750 Average Annual O&M Cost (FY 24 to FY 31): 1,262,870 $ 2.01 100.71 $ I. PROJECT READINESS Yes (if Yes) Dates of existing contract procurement (advertisement) and award (selection) or extension: 5-14-24 (RFP Released) and 6-18-24 (Awarded) (if Yes) Was existing contract competitively procured? Yes (if Yes) Duration and expiration date of current transportation service Vendor contract? 6/30/2027 with two (1 year) extensions available When does Agency plan to procure (or re-procure) transporation service Vendor contract for Project V operations? 5/1/2027 Implementation Timeline
Performance Monitoring
See attached - Supporting Documenation.

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 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 Lyft, Inc., a Delaware corporation, with its principal place of business at 185 Berry Street, #400, San Francisco, CA 94107 ("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 rideshare services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional rideshare services for the City’s SC Rides Program, 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 rideshare services for the SC Rides Program project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional rideshare 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 be from July 1, 2025 to July 1, 2028, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 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 1177
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Agreement. City retains Consultant on an independent contractor basis and not as an employee.

3.2.4 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.

3.2.5 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
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3.2.6 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: Buck Poropatich, Vice President of Healthcare and Community Access Partnerships.

3.2.7 City's Representative. The City hereby designates David Rebensdorf, 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.

3.2.8 Consultant's Representative. Consultant hereby designates Buck Poropatich, Vice President of Healthcare and Community Access Partnerships 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.

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

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

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 1179
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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.

3.2.11 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.

3.2.12 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.

3.2.13 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.

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 ONE MILLION FIFTY THOUSAND ($1,050,000) for the initial three-year term without prior written approval of the City Council or City Manager as applicable. Extra Work may be previously authorized in writing, as described below, and if so authorized, will be compensated at the rates and manner set forth in this Agreement.

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 1180
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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.

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 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 1181
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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. Consultant may not terminate this Agreement except for cause.

Consultant: Lyft, Inc.
185 Berry Street, Inc.

San Francisco, CA 94107
ATTN: Earl Kang
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: 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, 1182
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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 and warrants that Consultant has the legal right to license any and all Documents & Data.

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or 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.

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

3.5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

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.

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

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 1184
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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.

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

3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.19 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 termination. Consultant shall also comply with all relevant provisions of City, state and federal grant requirements and related programs, policies and guidelines currently in effect or hereinafter enacted.

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 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. 1185
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3.6 Subcontracting.

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: __________________, 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
Lyft, Inc.

Consultant’s License Number 3181802
By:_____________________________
Jorden Glassberg, Vice President,
Business Development & Partnerships
Dated: __________________, 2025
By:___________________________
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Buck Poropatich, Vice President of Lyft
Business

Dated: __________________, 2025
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EXHIBIT "A"

SCOPE OF SERVICES
Consultant shall perform the following services to the City’s satisfaction (collectively, the “Services”) related to the Orange County Transportation Authority (OCTA) approved grant for a San Clemente rideshare program due to the termination of OCTA bus routes 191 and 193 and the City’s on-demand transportation service called "SC Rides" designed to help mitigate the loss of former local OCTA bus routes 191 and 193, by providing discounted rideshare services to passengers:

Consultant shall provide a program with the following components:
a. A rideshare service accessible via a computer or smartphone application (app) for users aged 18 and older, with a valid electronic payment option and a viable option for ADA riders.
b. The rideshare service must be able to provide shared-rides. Shared rides involve one or more people sharing a single vehicle to travel together, often to the same or nearby destinations.

Consultant must ensure all SC Rides trips are offered as “shared rides” in accordance with OCTA guidelines. However, if no other riders are matched along the route, the trip may proceed as a single-passenger ride.

The current program has an average of 3,500 rides a month and average of 120 daily boardings.

Hours of Operation: The rideshare service will operate similar to the time frames of the previous bus routes 191 and 193 service, from 6am to 8pm, daily.

Route Descriptions: Pickups and drop-offs within a quarter mile of former route 191 and 193 bus stops. Please see Attachment A for area coverage map or visit Public Mobility Map, which are incorporated fully herein by this reference Consultant shall be responsible for:
 Identifying a Project Manager who will oversee the proper operation and administration. The designated Project Manager must be available to the City at all times.
 Performance monitoring: Prepare and submit all operating reports on-time in the format requested by the City. The City anticipates a monthly billing report that would include customers name and Program ID (if applicable), trip origin and destination, trip mileage, pickup and drop off times, number of trips provided, trip duration, and any other relevant information.
 Attend meetings with staff as requested.
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 Respond to all customer comments related to service.
 Services must comply with local, state and federal laws.  Maintain and provide reports on service feedback/customer satisfaction including, a compliment/complaint web-based portal.
 Consultant shall notify City within 24 hours of any accident or incidents that occur while providing the service.

The City reserves the right to decrease or increase hours of operation, area map, or the City subsidy rate at any given time.

Under its Project V grant program, OCTA has awarded funds to the City to provide up to 50% of the cost of this program.

The City’s program operates under a cooperative agreement with OCTA and in compliance with 2024 OCTA CTFP Guidelines (Refer to Attachment B). The Consultant must provide the rideshare services and operate the program in compliance with the Scope of Work and 2024 OCTA CTFP Guidelines to ensure that the City maintains eligibility to receive OCTA funding support.
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EXHIBIT "B"

SCHEDULE OF SERVICES
Consultant shall diligently perform the services to the City’s satisfaction according to the timeframe requested by the City.
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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 1192
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shall include, but not be limited to, claims involving security breach, system failure, data recovery, 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, 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.

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

3.2.12.14 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 rendered by the Consultant under the Agreement, the City shall pay the Consultant for actual work performed at the following described variable calculated rates. Total compensation shall not exceed $350,000 per contract year.

Utilizing Lyft’s Dynamic Pricing Algorithm, each ride will be priced and billed to the City according to Lyft’s prevailing prices for the Orange County region.

The Algorithm automatically adjusts fares on a ride-by-ride basis. The Algorithm ride is based on many factors, but includes: distance traveled, time of service, supply of available Lyft drivers in the area, demand of ridership, and insurance cost, etc.

Lyft will invoice the City a maximum of $9 per ride based on the Fee Structure below. The Fee Structure is subject to change by City Council action.

Current and Proposed Fee Structure for riders:

Initial Rider Base
Fare
Maximum City Subsidy Total
$2 $9 $11 (user pays Lyft the initial $2 fare and all
cost beyond $11)
Under the proposed Fee Schedule, the rider pays the first $2 for a ride, then the City/OCTA provides a subsidy of up to next $9 of the Lyft fare, and the user then pays any additional amount if the total fare exceeds $11.

There shall be no up-front software implementation costs, nor any ongoing fees for technology and operations support.

ButterFLI WAV Trips (ADA):

For the SC Rides program, Consultant shall provide ButterFLI services with a flat rate per ride, based on the following ADA Fee Structure:
 Mon-Fri: $95.00 flat rate; no mileage or distance-based fare  Sat/Sun: $125.00 flat rate; no mileage or distance-based fare Consultant will act as a direct pass through between ButterFLI and the City. No additional markups to the cost of each WAV trip delivered by ButterFLI will be added to the cost to the City.

Consultant will work with the City to ensure that the passenger facing fare for WAV rides remains equal to the fare offered to all other passengers in the program. 1196
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FARE PAYMENT
Consultant will utilize its automated process of fare collection and agency invoicing. The Lyft platform collects customer co-pays automatically after each ride using the primary payment method designated on their Lyft account. At the end of a trip, the cost after deducting any agencyprovided subsidies is billed directly to the rider. Consultant will invoice the City for the subsidy portion as per the Fee Structure above on a monthly basis. 1197
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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.
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Dated: ________________________, 20____
________________________________
(“CONSULTANT”)
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
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RESPONSE TO RFP:

Rideshare Services
Prepared by:

Lyft, Inc.
185 Berry Street, #400
San Francisco, CA 94107
[email protected]
415.226.9162
For:

City of San Clemente
Department of Public Works
Attn: Fatana Temory,
Management Analyst;
[email protected]
Submitted June 4, 2025
Attachment 4
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1: Cover Letter
A cover letter not to exceed three (3) pages in length should summarize key elements of the consultant/contractor’s proposal. The letter must be signed by an individual authorized to bind the consultant/contractor. The letter must stipulate that the proposed price will be valid for a period of at least 90 days. Indicate the address and telephone number of the consultant’s/contractor’s office located nearest to San Clemente, California, and the office from which the project will be managed. 1201
June 4, 2025
City of San Clemente
Department of Public Works
Attn: Fatana Temory, Management Analyst
RE: RESPONSE TO RFP: RIDESHARE SERVICES
Dear Fatana Temory:

Thank you for this opportunity to deepen our collaboration with the City of San Clemente.

Since 2016, Lyft has had the privilege of working alongside your team on the SC Rides program, helping to address a gap in regional transit services following the termination of OCTA bus routes 191 and 193. We have learned a great deal from nearly a decade of partnership with your team, and from the riders who depend on this collaboration to access jobs, doctor appointments, groceries, and social and recreational opportunities.

The attached proposal describes Lyft’s approach to the next phase of our partnership. To facilitate your evaluation, we have provided highlights from our technical proposal below, organized according to the proposal evaluation criteria listed in Section 14 of the RFP instructions:
● Qualifications of Company and Personnel: The City will be working closely with Lyft’s Transit Partnerships team: a think tank of urban transportation planners, data scientists, and engineers who have helped launch over 100+ rideshare-based transit partnerships to date. The national scale of our partnerships has allowed us to cultivate a transit center of excellence at Lyft, with breadth and depth of experience in transit planning and operations, technology, analytics, and performance measurement. The Transit Partnerships Team will be able to continuously monitor day-to-day operations and address any performance issues or service risks that may arise over the course of our partnership with the City.
● Relevant Project Experience: Lyft has nearly 17 years of successful experience in transportation, including over a decade of partnership with the City of San Clemente on the SC Rides program.

We have a proven track record of executing multi-year contracts with public and private agencies, including over 100+ rideshare-based transit partnerships launched to date. We have used these opportunities to pioneer innovative service models that leverage the non-dedicated network of drivers on the Lyft platform. These partnerships are helping cities and transit agencies across the United States expand mobility for all residents, especially communities that have historically faced transportation barriers. In addition to the City of San Clemente, Lyft partners with the cities of Santa Monica, Monrovia, and El Segundo in Southern California. ● Technical Expertise: Lyft’s flagship product allows riders to request, track real-time information, and pay for rides through the Lyft app: our smartphone-based technology platform that matches ride requests to an available seat in a nearby vehicle—on-demand. Today, we facilitate millions of rides every day across 360+ cities, and employ thousands of team members across multiple regional offices. Lyft’s User Experience Research team works with our riders, drivers, and city and transit agency partners to continuously simplify and enhance the end-to-end rider experience, from the initial trip request, through pick up and drop off. We draw on principles of universal design to ensure that our services are accessible to all riders within the communities we serve, including those who have historically faced barriers to access. Our tireless efforts to improve the user Docusign Envelope ID: D8D25237-24C6-45E3-937F-BEA63F017D1E 1202
experience for riders was recognized in 2018, when Lyft won the 2018 Material Design Award for Innovation. This award recognized how we adopted user experience to build upon and extend our technology in inspiring new directions.
● Methodology: Lyft’s transit partnerships are built around our turnkey Digital Transit Pass, which allows agency partners to design programs that grant riders a defined number of Lyft rides at an agency-specified level of subsidy. The City will have the ability to design subsidized ride programs based on multiple eligibility criteria, including geographical boundaries, days of the week, hours of the day, vehicle types, and trip types (e.g. shared vs. non-shared). For example, the Digital Transit Pass for the current SC Rides program is set up to apply a subsidy up to $9 to Lyft rides taken between 6am to 8pm, so long as they are picked up and dropped off within a .25 miles radius of the original 191 and 193 bus routes. These rides must also be requested in a Shared ride mode to be eligible.
● Quality Control: The Lyft team will leverage significant investments in technology that Lyft has made to help ensure a reliable, high-quality experience on the Lyft platform. These include real-time supply balancing mechanisms that automatically alert drivers on our platform to areas of greater ride demand, data-driven ETA estimate algorithms based on the tens of thousands of on-demand trips every day in Orange County, and continuous screening mechanisms that help encourage drivers to always deliver the best possible service to riders. ● Innovation: Our Transit Partnerships team is always learning. Our collaborative ethos and iterative, data-driven approach to program design allow agency partners to continually experiment with and refine their innovative mobility programs. The City can easily pilot new programs and scale them up or down thanks to our pay-as-you-go pricing structure tied to trips delivered. With Lyft, expanding or sunsetting a program is straightforward, as programs are unconstrained by sunk capital investments in fleet or technology, and there are no contractual commitments to minimum trip volume/spend. Together, these features lower the barriers to experimentation that are so critical to the success and scalability of innovative mobility programs. As a result, we are always learning with our partners, and from our partners, developing industry best practices that we are able to share across all our programs.
● Project Timeline: The current SC Rides program is already live, and can continue to serve riders while we work with the City to execute a new contract. There will be no disruption to the existing service during the contract negotiation period, and no ramp up time to launch a new service once a final contract is executed.
● Cost: Lyft’s iterative approach to shared mobility has helped agency partners across the United States create transit programs that are both financially sustainable and scalable. Partnering with Lyft requires no up-front software or technology development costs, nor any ongoing fees for technology and operations support. We offer a pay-as-you go structure tied to trips booked and delivered through the platform, which means that instead of a set per-month or upfront fee commitment, the City is only required to pay for each ride taken, at our prevailing public rate card for the Orange County region.

The letter must be signed by an individual
authorized to bind the consultant/contractor.

Buck Poropatich, Vice President Healthcare and
Community Access, Lyft is authorized to bind Lyft to
the terms of any future contract that may arise from
this RFP.

The letter must stipulate that the proposed price
will be valid for a period of at least 90 days.

The pricing described in this response will be valid
for a period of at least 90 days.

Docusign Envelope ID: D8D25237-24C6-45E3-937F-BEA63F017D1E 1203
Indicate the address and telephone number of
the consultant’s/contractor’s office located
nearest to San Clemente, California
185 Berry Street, Suite 400
San Francisco, CA 94107
The office from which the project will be
managed.
185 Berry Street, Suite 400
San Francisco, CA 94107
Respectfully submitted,
Buck Poropatich
Vice President of Healthcare and Community Access Partnerships Lyft, Inc.
185 Berry Street, Suite 400
San Francisco, CA 94107
Docusign Envelope ID: D8D25237-24C6-45E3-937F-BEA63F017D1E 1204
2: Background and Approach

2.1. The Background and Approach Section should describe your understanding of the City, the work to be done, and the objectives to be accomplished.

As your team and community of riders knows, our proposal leverages Lyft’s proven technology platform, which matches riders to an existing network of drivers operating across Orange County and the City of San Clemente. Rides can be requested 24/7, with typical wait times of under 5-10 minutes across the region. For the SC Rides program, rides can be requested in a Shared ride mode, which matches customer trip requests to active trips heading in the same direction, allowing riders to share the overlapping portion of their ride.

The City can seamlessly tap into that existing network to design their own rideshare-based transit programs, thanks to Lyft’s Transit Technology Suite. The suite includes our Digital Transit Pass, which allows the City to distribute in-app program passes that automatically apply subsidies to select Lyft rides that meet defined eligibility criteria. For example, the Digital Transit Pass for the current SC Rides program is set up to apply a subsidy up to $9 to Lyft rides taken between 6am to 8pm, so long as they are picked up and dropped off within a .25 miles radius of the original 191 and 193 bus routes.

These rides must also be requested in a Shared ride mode to be eligible.

By entering the code “SCRIDES” into the Lyft app or scanning a digital QR Code, San Clemente riders can enjoy subsidized rides, courtesy of the City of San Clemente and the Orange County Transportation Authority.

Our self-service Program Planning Dashboard will guide City staff through each step of the program development process, giving your team the freedom to design, launch, and refine your own custom rideshare-based transit programs. Your team will also have the ability to create customized in-app touchpoints for the Digital Transit Pass, allowing you to offer rideshare-based transit programs that look and feel like seamless extensions of the City of San Clemente.

Lyft’s iterative approach to shared mobility has helped agency partners across the United States create transit programs that are both financially sustainable and scalable. Our approach is defined by:

1. Robust data. Ongoing program evaluation and refinement for our partnerships are supported by a reporting and invoicing protocol that provide robust visibility into program ridership, health and spend.
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2. Pay-as-you-go pricing. Partnering with Lyft requires no up-front software or technology development costs, nor any ongoing fees for technology and operations support. We offer a pay-as-you go structure tied to trips booked and delivered through the platform, which means that instead of a set per-month or upfront fee commitment, the City is only required to pay for each ride taken, at our prevailing public rate card for the Orange County region.

3. Flexible program design. The flexibility of our platform allows the city to efficiently administer a range of cost-sharing subsidies, and adjust these subsidies on the fly as program and budgetary needs evolve. This flexibility will help the City to deliver meaningful service options at a reasonable cost.

We are grateful to have had the opportunity to partner with OCTA and the City of San Clemente on a community transit service that has proven to be safe, clean and convenient; tailored to the needs of the City of San Clemente’s residents; complementary of regional bus and rail service; and served as a cost-effective transit option in suburban areas of the region that have been challenging for transit to serve. 2 1206
3: Methodology
Lyft’s transit partnerships are built around our turnkey Digital Transit Pass, which allows agency partners to design programs that grant riders a defined number of Lyft rides at an agency-specified level of subsidy. The City will have the ability to design subsidized ride programs based on multiple eligibility criteria, including geographical boundaries, days of the week, hours of the day, vehicle types, and trip types (e.g. shared vs. non-shared).

For example, the Digital Transit Pass for the current SC Rides program is set up to apply a subsidy up to $9 to Lyft rides taken between 6am to 8pm, so long as they are picked up and dropped off within a .25 miles radius of the original 191 and 193 bus routes. These rides must also be requested in a Shared ride mode to be eligible.

The Digital Transit Pass will automatically verify rider eligibility at the time of booking, and apply a subsidy up to $9 to any qualifying trip. Lyft will invoice these subsidies to the agency on a recurring basis, and riders will be responsible for any remaining fare beyond the $9 subsidy. The City will not be invoiced for any ride that does not qualify for a subsidy based on the eligibility criteria.

The City can set up different Digital Transit Passes to meet the needs of different groups of riders. For example, the City could enroll select groups of low-income riders that live in outlying communities in a separate Digital Transit Pass program that applies a higher level of subsidy (e.g. $18 vs $9).

The subsections below discuss the Digital Transit Pass setup process in more detail, followed by an overview of how riders would request rides through the Lyft app.

3.1.1. DIGITAL TRANSIT PASS SETUP
Our new Program Planning Dashboard will give agency staff the ability to design, launch, and modify program parameters in response to changing program needs. The self-service dashboard will walk staff through each step of the pass development process, from defining restrictions based on service area (i.e trip origins/destinations), service hour, and trip type, to enrolling and managing rider eligibility (e.g. pre-authorized customers). There are no limits on the number of different digital passes (i.e benefit levels) that can be created.

These steps are described more fully in the subsections below:

3.1.1.1 CHOOSING A SUBSIDY STRUCTURE
The dashboard will allow the City to design transit programs based on a range of different subsidy structures. Again, there are no limits to the number of benefit levels that can be created. Examples are highlighted below:
● $X Discount / Free Rides up to $X. The agency covers rides up to $X, with the remainder being covered by the rider. For example, Lyft could subsidize eligible rides up to $9, and bill the customer for any remaining fare above $9. 3 1207
● Fixed Fare $A up to $Z. Rider pays a fixed fare of $A. The agency covers remaining fare up to $Z. Rider responsible for any remaining fare. ● % Discount on Rides up to $Y. The agency covers a % of ride costs up to $Y. Lyft would bill the customer for any remaining fare greater than $Y. ● Up to X Rides a Day/Month. Agencies can also place caps on the total number of trips that are eligible for subsidies over a given time period, for example up to 50 rides a month or 2 rides a day. Different passes can be set up for different benefit levels (e.g. 10, 20, 30, 40). These rides can be replenished automatically at the beginning of each day/month.

3.1.1.2 DEFINING TRIP ELIGIBILITY
The dashboard will allow the City to create tailored ride programs based on custom geographical boundaries, days of the week, hours of the day, vehicle types, and trip types (e.g. shared vs. non-shared.
● Trip Type / Mode Eligibility. The City will be able to restrict the trip type or mode that riders can request
through the Lyft platform. Our transit partnerships
typically include one or more of the below trip types,
including both shared and non-shared options.
● Geofencing/Service Area Eligibility. The Lyft platform includes a geofencing feature that allows our agency
partners to define customized paratransit service areas.

Program subsidies would only be applied to trips that
start and end within a defined zone. For example,
geofences could be set up to subsidize trips within the entire City of San Clemente service area, or to provide higher levels of subsidy within a portion of the service area with a high proportion of low-income riders.
● Service Hour Eligibility. Lyft has developed a
“timeboxing” technology that allows our agency
partners to limit program subsidies to trips that take
place within a defined time window, for example between 12AM and 4AM.

3.1.1.3 ENROLLING RIDERS AND MANAGING ELIGIBILITY LISTS The Program Planning Dashboard allows the City to design programs that are open to the general public, or restricted to a list of authorized participants. For general public programs such as SC Rides, the City can share out or post a QR code or unique activation code (e.g. SCRIDES) that riders can use to activate their pass within the Lyft app.
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3.1.1.4 CREATING A BRANDED EXPERIENCE
We understand that our transit partners want to offer programs that look and feel like seamless extensions of their agency’s network. From the initial invitation to activate the digital pass through the ride booking process, the City will have opportunities to create customized in-app touchpoints and features that look and feel familiar to their riders.

Branded Monthly Pass Invitation. Once added to the program eligibility list, riders will be sent an invitation to activate their digital microtransit pass. The invitation can be clearly branded with the City logo, and include a friendly welcome message to riders.

Dynamically-Updated, Branded Program Pass. Riders will have access to their San Clemente-branded transit program pass within the Lyft app that describes the ride program, including eligible service areas, hours, and trip types; available subsidies; remaining trips; and valid dates.

3.2. A rideshare service accessible via a computer or smartphone application (app) for users aged 18 and older, with a valid electronic payment option.

Program participants will be able to request, track real-time information, and pay for rides through the Lyft app: our smartphone-based technology platform that matches ride requests to an available seat in a nearby vehicle—on-demand. The Lyft app is available for free download from both the Apple Store and Google Play.

The following narrative provides a high-level overview of the rider experience for Lyft Pass users.

3.2.1.1 ACTIVATING THE DIGITAL MICROTRANSIT PASS
The City can distribute or post a QR Code or unique code (e.g. SCRIDES) that riders can use to activate their digital pass. Once activated, riders will have access to a branded program pass within the Lyft app that describes the ride program, including eligible service areas, hours, and trip types; available subsidies; remaining trips; and valid dates.

3.2.1.2 RIDE BOOKING
To request a ride, participants simply open the Lyft app and enter their destination. The Lyft app will display available options, along with estimated arrival times and rider fares, net of any City-provided subsidies.

Once a transportation option is selected, riders confirm that the GPS location for pick-up is correct, and then tap the “Request” button. Our platform will then route the ride request to nearby drivers in real-time.

3.2.1.3 COORDINATING PICK-UP
The Lyft platform includes multiple features to help drivers and riders find each other:
● Real-time tracking. Once a match is made, the app will alert riders with an audible chime and tactile feedback. The alert is sent to the rider as a “push” 5 1209
notification through the Lyft app, and as a text to the rider’s registered mobile number. Riders can then use the app to see how far away the driver currently is, and the estimated time of arrival (in minutes). The system continues to calculate and update the estimated ETA in real-time until the rider is picked-up. ● Driver and vehicle information. The app will display a photo of the driver, a photo of the driver’s vehicle, and the vehicle’s license plate number. The license plate number is displayed prominently in the app during pick-up, making it easier for passengers to match it with the arriving vehicle.
● Arrival notifications. Riders receive notifications when their dispatched vehicle is two minutes away from the designated pickup location, and then again when the vehicle has arrived. These notifications are sent to the rider as a “push” notification through the Lyft app, and as a text to the rider’s registered mobile number.
● Direct Communication. Once a driver has been matched with a rider, both parties can use the Lyft app to call or text each other. The Lyft app anonymizes the phone numbers to protect the privacy of both the passenger and driver. ● No-Show Policy. If drivers arrive at the designated pick-up location and are unable to locate the passenger, they are instructed to wait at least 5 minutes, and attempt to contact the passenger by phone or text before departing.

3.2.1.4 FARE PAYMENT
Lyft’s technology automates the process of fare collection and agency invoicing. Our platform collects customer co-pays automatically after each ride using the primary payment method designated on their Lyft account. During initial set-up, users are prompted to enter a primary payment method for their account. This primary payment method can be a major credit card (e.g. American Express, Visa, MasterCard, Discover), debit cards tied to checking accounts, prepaid debit cards, or Lyft Cash. At the end of a trip, the ride cost after deducting any agency-provided subsidies is billed directly to this primary payment method. Lyft will invoice the City for the subsidy portion of the fares on a monthly basis.

If a trip is not eligible for a subsidy, the initial fare estimate presented to the rider will not reflect a subsidy, and the customer will be responsible for the full trip fare.

Unbanked Riders
Our prepaid debit card solution and Lyft Cash payment option ensures that cities and transit agencies who partner with Lyft can meet Title VI requirements to provide unbanked riders access to the Lyft network. Riders without a credit card or checking account can pay for rides using prepaid debit cards. Debit cards can be purchased with cash at most grocery stores, convenience stores, and pharmacy chains, including CVS, Walgreens, Stop & Shop, Wegmans, and 7-Eleven. Riders can sign up for Lyft and designate a prepaid debit card as their primary payment method instead of a credit or debit card. Lyft has prioritized prepaid debit card solutions because it does not tie up funds for use on Lyft rides only, providing a more flexible payment experience to cash-based users. Lyft Cash is a stored value payment method that allows riders to 6 1210
pre-load funds into a digital account, and use those funds for future Lyft rides. Riders can visit one of Lyft’s 35,000+ retail partners (Walgreens, Walmart, Kroger, Family Dollar, etc.) across the United States to refill their balances using cash.

3.3. The contract should also include a viable option for ADA riders.

All vehicles approved on the Lyft platform can accommodate collapsible wheelchairs.

In addition, riders who need a fixed-frame wheelchair-accessible vehicle will be able to request one through the current WAV provider for the SC Rides program–ButterFLI.

ButterFLI will continue to serve program riders that need a wheelchair accessible vehicle or extra assistance with boarding and alighting. The existing booking flow that SC Rides riders use to request these rides from ButterFLI will remain the same, providing a seamless transition for program riders under any future contract.

If awarded a contract under this RFP, ButterFLI would be incorporated as a subcontractor under Lyft.

WAV trips are subject to longer boarding and alighting times per trip, as well as the additional training and certifications required to meet the needs of WAV passengers. As such, on-demand WAV trips are priced using an alternative rate structure, provided by ButterFLi, that reflect the higher costs of service. For the SC Rides program, ButterFLI offers a flat rate per ride, based on the following schedule:
● Mon-Fri: $95.00 flat rate; no mileage- or distance-based fare ● Sat/Sun: $125.00 flat rate; no mileage- or distance-based fare As we do with all our other transit partnerships, Lyft will work with the City to ensure that the passenger facing fare for WAV rides remains equal to the fare offered to all other passengers in the program.

3.4. The rideshare service must be able to provide shared-rides. Shared rides involve one or more people sharing a single vehicle to travel together, often to the same or nearby destinations. Please note, the awarded contractor must ensure all SCRides trips are offered as “shared rides” in accordance with OCTA guidelines. However, if no other riders are matched along the route, the trip may proceed as a single-passenger ride.

The City will be able to restrict the trip type or mode that riders can request through the Lyft platform to shared rides only. Under the current program, Lyft’s Shared ride mode matches customer trip requests to active trips heading in the same direction, allowing riders to share the overlapping portion of their ride. If no other riders are matched along the route, the trip will effectively operate as a single-passenger ride.

3.5. Hours of Operation: The rideshare service will operate similar to the time frames of the previous bus routes 191 and 193 service, from 6am to 8pm, daily.

Lyft has developed a “timeboxing” technology that allows our agency partners to limit program subsidies to trips that take place within a defined time window, such as time of 7 1211
day or day of week. The City can use this to limit program subsidies to rides taken between 6am to 8pm, daily.

3.6. Route Descriptions: Pickups and drop-offs within a quarter mile of former route 191 and 193 bus stops. Please see Attachment A for area coverage map or visit Public Mobility Map.

The Lyft platform includes a geofencing feature that allows our agency partners to define customized paratransit service areas. Program subsidies would only be applied to trips that start and end within a defined zone. Under the current SC Rides program,, geofences are set up to restrict subsidies to requests that pickup and dropoff within a quarter mile of the former route 191 and 193 bus stops.

3.7. Identifying a Project Manager who will oversee the proper operation and administration. The designated Project Manager must be available to the City at all times.

Mike Calma will serve as Lyft’s dedicated project manager. Mike will be supported by Jenny Clemmens, Head of Lyft’s Transit Partnerships team. Mike started out in the healthcare logistics space and has spent the last five years focused on account and project management. During his tenure at Lyft, Mike upholds the role as the main point of contact for both transit and healthcare partners. His expertise lies in developing trusted client relationships with a deep understanding of their operations. Being committed to customer obsession has led Mike to addressing the client's challenges with strategic problem-solving.

3.8. Performance monitoring: Prepare and submit all operating reports on-time in the requested format. The City anticipates a monthly billing report that would include customers name and Program ID (if applicable), trip origin and destination, trip mileage, pickup and drop off times, number of trips provided, trip duration, and any other relevant information
We provide all agency partners with invoices reflecting the total cost of services delivered in the previous month. Each invoice is accompanied by a detailed trip-level report that has been carefully designed in partnership with our public agency partners to inform ongoing program planning, evaluation, and refinement—including NTD Reporting—while still protecting the personal travel privacy of customers. The data is provided in a csv/excel format, and structured in such a way that can be quickly imported into any off-the-shelf spreadsheet or GIS tool for further analysis and summary. These trip-level reports would be available for the the City to access at any time through our Program Planning Dashboard, and are updated daily with newly completed ride details.

3.9. Attend meetings with staff as needed.

Mike Calma will be available to meet with City staff on a regular and as-needed basis. 8 1212

3.10. Respond to all customer comments related to service.

Lyft maintains an online Help Desk and 24/7 critical response line that riders and drivers can access through the Lyft app. Agents are available 24 hours a day, 7 days a week to respond to vehicle accidents, safety incidents, and citations. All issues from a lost hat to a reported accident are digitally tracked from initial registration of a complaint to final resolution. In addition, Lyft offers multiple non-emergency channels of support for riders, drivers, and our agency partners, all supported by a team rated “Best Customer Service in Rideshare” by Newsweek for four consecutive years.

Additional channels of support include:
● Real-Time Driver Feedback System. Drivers on the Lyft platform are evaluated on an ongoing, real-time basis through our driver feedback system. At the end of each ride, riders are invited to rate their driver on a scale of 1-5 stars, and provide written feedback about their encounters. If the rider rates their driver 3 stars or lower, they will not be matched with the driver again. Rider feedback is shared anonymously with the driver to help them identify issues and provide the best possible experience for riders. Drivers that receive consistently low ratings will be flagged for a follow up by the Lyft team, leading to support and coaching to improve an issue, and/or potentially resulting in the suspension of the driver from the platform.
● Online Help Center. Lyft’s support team manages an online Help Center (https://help.lyft.com/hc/en-us) with how-to guides and responses to frequently asked questions, as well as a robust contact form that riders can use to flag issues to our Lyft Rider Experience team.
● Twitter. Lyft has dedicated staff to address rider concerns over social media @AskLyft.
● Price Review. If a passenger is unsatisfied with their ride receipt, they can request an internal price review at the bottom of their receipt, or through the ride history section of their account.
● Lost and Found. To help our passengers reconnect with items they inadvertently left in a Lyft ride, we have developed a feature that allows passengers to securely connect with their previous drivers. Riders can access this feature through the Lyft app or via the link in their email ride receipt. For calls and messages, the Lyft app uses a masked phone number so that the rider’s personal contact information remains hidden. If the rider is unable to reach the driver directly, they can contact our 24/7 support team for assistance.

3.11. Services must comply with local, state and federal laws.

Lyft has a dedicated team of experts responsible for ensuring we operate in compliance with applicable laws, rules, regulations, and ordinances governing our operations. This includes all applicable laws and ordinances of the State of California and City of San Clemente.
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3.12. Maintain and provide reports on service feedback/customer satisfaction including, a compliment/complaint web-based portal.

Please see [3.10] for a description of our 24/7 critical response line, as well as additional channels of support that riders can access.

3.13. Contractor shall notify City within 24 hours of any accident or incidents that occur while providing the service.

Every safety allegation on the Lyft platform results in an investigation by our safety team.

Lyft’s agency partners have a direct line to our Transit Partnerships and Agency Special Resolutions Team, which acts as the agency’s dedicated liaison with Lyft’s general support organization. In the event of an incident, accident or any other issue involving an agency rider, the Special Resolutions team will investigate the accident and report its findings back to designated agency staff. The team will contact all parties involved to collect relevant information regarding the alleged incident or accident, and perform a holistic review of the associated user accounts. Throughout the process, the Special Resolutions team will provide updates to designated agency staff. In the unlikely event that a safety incident occurs, Lyft is willing to work with the City of San Clemente to share relevant information. Incidents would be handled on a case-by-case basis. We are open to exploring protocols that work for the City and align with Lyft’s privacy obligations under law and our privacy policy for Lyft platform users.

3.14. The City reserves the right to decrease or increase hours of operation, area map, or the city subsidy rate at any given time.

The City can create tailored ride programs based on custom geographical boundaries, days of the week, hours of the day, vehicle types, and trip types (e.g. shared vs. non-shared. The trip eligibility parameters described in [3.1.1.2], as well as subsidy amounts can be adjusted on the fly as program and budgetary needs evolve. This flexibility will help the City to deliver meaningful service options at a reasonable cost.

3.15. The City’s program operates under a cooperative agreement with OCTA and in compliance with 2024 OCTA CTFP Guidelines (Refer to Attachment B). The Contractor selected to provide the rideshare services must operate and provide the service in compliance with the Scope of Work and 2024 OCTA CTFP Guidelines to ensure that the City maintains eligibility to receive OCTA funding support.

4.1. Describe the sequential work tasks you plan to carry out in accomplishing this project.

Indicate all key deliverables and their contents. Identify how much of the work will be done on site.

See [7.1] for a discussion of our implementation schedule.

4.2. Identify methods that Contractor will use to ensure quality control, as well as budget and schedule control for the project.

The team will leverage significant investments in technology that Lyft has made to help ensure a reliable, high-quality experience on the Lyft platform. These include real-time supply balancing mechanisms that automatically alert drivers on our platform to areas of greater ride demand, data-driven ETA estimate algorithms based on the tens of thousands of on-demand trip requests every day in the Orange County region, and continuous screening mechanisms that help encourage drivers to always deliver the best possible service to riders.

Lyft’s technology platform connects independent contractor drivers operating their own vehicles to people in their communities who require transportation. As part of the onboarding process, each driver is pre-screened to ensure that they meet Lyft’s platform standards, as well as any applicable federal, state, and local requirements.

Background Checks
Lyft partners with three of the top background check agencies in the country to implement a driver pre-screening process that includes a driving history review and a criminal background check. These include:
● Driving History Review. Lyft reviews individuals’ motor vehicle records before they are approved to drive on the Lyft platform. Lyft also conducts continuous monitoring of driving records, providing our team with rapid insight into new citations and enabling us to quickly deactivate those who no longer meet Lyft’s safety standards. Applicants and existing drivers are prohibited from providing services on the Lyft platform if their motor vehicle records do not comply with the requirements set by the state, local statutes, or with Lyft’s internal criteria. ● Criminal Background Check. All Lyft drivers must pass a criminal background check. This background check includes a Social Security number trace, a nationwide criminal search, a county court records search, a federal criminal search, as well as a U.S. Department of Justice 50-state sex offender registry search. Any disqualifying criminal convictions are immediately flagged for review.

Drivers are prohibited from providing rides on the Lyft platform if their criminal background checks do not meet standards set by the state, local statutes, or with Lyft’s internal criteria. The screening process meets or exceeds requirements established by the state of California for the safe and legal delivery of 11 1215
transportation services through a transportation network company (TNC). Drivers that do not meet these standards are prohibited from providing services through the Lyft platform.

Driver Onboarding
Lyft’s technology platform connects independent contractor drivers operating their own vehicles to people in their communities who require transportation. The driver onboarding process includes a series of tutorials and how-to guides that cover all aspects of service delivery, and provide guidance on how to maintain a safe, inclusive and welcoming community—both inside and outside the car.

Our guidance materials include the following general topic areas:
● Passenger Assistance. Lyft has partnered with Open Doors Organization, a non-profit dedicated to improving the lives of people with disabilities, to advise drivers on best practices for assisting passengers with mobility devices. The resources help drivers understand the different assistive mobility devices they might encounter, and how to safely break down and stow them in their car. The resources include tips for how to communicate respectfully with riders who may need additional assistance.
● Customer Service. Our onboarding materials include modules on customer service. We provide guidance on how to accommodate customers with disabilities that limit their vision and hearing, or passengers who travel with a service animal companion. Lyft also delivers service reminders to Lyft drivers through our driver hub website and regular communication channels of email and text. ● Passenger Sensitivity. Lyft’s onboarding process includes tutorials that remind drivers that they will be serving a diverse group of customers, including passengers who might have limited hearing, vision, or mobility. To help ensure an inclusive and welcoming community for all riders, our tutorials include the following reminders: (1) Some riders may need additional time or assistance boarding their Lyft ride; (2) If you’re not sure what a rider needs, ask your rider, “How may I assist you?”; (3) Willingness to find a way to communicate are your best tools.
● Service Animal Policy. As part of the onboarding process, Lyft reminds drivers that they must comply with applicable laws and Lyft’s Service Animal Policy, which states that drivers may not deny service or otherwise discriminate against riders with service animals. Drivers must transport a rider with a service animal regardless of whether a driver is allergic or afraid of these animals, or has a religious or cultural objection to them. Failure to abide by Lyft’s Service Animal Policy could result in immediate and permanent deactivation if an investigation confirms that a wrongful denial took place
● Anti-Discrimination Policy. Discrimination against passengers or drivers on the basis of race, color, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation is not allowed, and can result in a driver or rider’s deactivation from the Lyft platform. 12 1216
● Road Safety. Lyft’s driver onboarding process includes tutorial videos and how-to guides that cover all aspects of ride fulfillment, including Lyft’s platform road safety policies and practices. These materials advise drivers on how to maximize safety for themselves, their riders, and other users of the road while picking up, delivering, or finishing a ride. We share common sense advice, such as reminding drivers to go hands-free, follow the rules of the road, and to take their mandatory driving breaks.
● Community Safety. Lyft has developed a community safety education program designed to help drivers understand how to create a safe and comfortable ride for their riders. The program broadly covers the topics: (1) How to read other people’s boundaries; (2) What’s appropriate for an in-car conversation; (3) How to avoid intrusive questions; (4) Tips for defusing an uncomfortable situation. ● COVID-19. Our driver guidance is continuously being updated in response to the ever-changing environment in which we operate. For example, in response to COVID-19, we quickly launched in-app guidance for drivers and created an online course to help drivers protect themselves and others. We regularly update our website with the latest CDC guidelines for rideshare, and share frequent updates with the Lyft community.

Continuous Monitoring
Once onboarded, we have multiple mechanisms in place to ensure drivers remain eligible to provide services through the Lyft platform. These include our real-time driver feedback system, as well as our continuous criminal monitoring and driving record checks:
● Real-Time Driver Feedback. Drivers on the Lyft platform are evaluated on an ongoing, real-time basis through our driver feedback system. At the end of each ride, riders are invited to rate their driver on a scale of 1-5 stars, and provide written feedback about their encounters. If the rider rates their driver 3 stars or lower, they will not be matched with the driver again. Rider feedback is shared anonymously with the driver to help them identify issues and provide the best possible experience for riders. Drivers that receive consistently low ratings will be flagged for a follow up by the Lyft team, leading to support and coaching to improve an issue, and/or potentially resulting in the suspension of the driver from the platform.
● Continuous Driving Record Monitoring. Drivers must be enrolled in continuous driving record monitoring, which monitors for disqualifying driving records on a continuous basis. Applicants and existing drivers are prohibited from providing services on the Lyft platform if their motor vehicle records do not comply with the requirements set by the State, local statutes, or with Lyft’s internal criteria. ● Continuous Criminal Monitoring. In addition to annual background checks, all active drivers on the Lyft platform are enrolled in continuous criminal monitoring, which reports to Lyft disqualifying criminal records on an ongoing basis. Drivers are prohibited from providing rides on the Lyft platform if their criminal 13 1217
background checks do not meet standards set by the state, local statutes, or with Lyft’s internal criteria.
● Zero Tolerance Policy Enforcement. Lyft actively monitors rider feedback for indicators of zero tolerance drug and alcohol policy violations. For example, Lyft’s system will automatically escalate comments containing keywords such as “drunk” or “drugs” for immediate followup by our Trust and Safety team. Our monitoring parameters are intentionally broad to ensure that Lyft errs on the side of caution.

For example, passenger feedback containing the phrase “trip to drug store” would be immediately escalated because the word “drug” was used. If passenger feedback suggests a violation of our zero tolerance policy, Lyft will immediately suspend a driver while our Trust & Safety team conducts an investigation. If the investigation results in definitive evidence or even a strong suspicion of a zero tolerance policy violation, the driver will be permanently banned from the Lyft platform.

Operational Scalability
The supply of vehicles on the Lyft platform in any given region, at any given time, responds dynamically to meet demand. As a result, we measure our performance not by the number of active drivers in a region, but by the wait times (ETAs) delivered to riders.

In Orange County, the Lyft platform facilitates tens of thousands of trips every day, with average pick up times of ~10 minutes or less.

Our platform includes several features that help us quickly adapt to changes in demand.

This includes dynamic supply balancing algorithms that direct drivers to areas of high demand, and the ability to expand driver supply in response to an overall increase in ridership.

Budget Control
By tapping into Lyft’s on-demand network on an as-needed basis, agencies are less constrained by the sunk costs and contractual commitments to minimum trip volume/spend that are typically associated with dedicated service models. Leveraging Lyft’s non-dedicated network thus provides more flexibility to adjust or wind down programs as program needs or budgets evolve, allowing for seamless demobilization.

This unlocks the kind of rapid, iterative, data-driven experimentation that is so critical to the success of innovative mobility programs.

Furthermore, the flexibility of our platform allows the city to efficiently administer a range of cost-sharing subsidies, and adjust these subsidies on the fly as program and budgetary needs evolve. This flexibility will help the City to deliver meaningful service options at a reasonable cost.

4.3. Contractor is encouraged to propose enhancements or procedural or technical innovations to the Scope of Work that do not materially deviate from the objectives or required content of the project.
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Our Transit Partnerships team is always learning. Our collaborative ethos and iterative, data-driven approach to program design allow agency partners to continually experiment with and refine their innovative mobility programs. As a result, we are always learning with our partners, and from our partners, developing industry best practices that we are able to share across all our programs.

4.4. Provide samples of any past collateral for similar rideshare programs. Copies of samples should be included with the original proposal and each proposal copy.

We are happy to support City staff in the development supportive marketing collateral for the SC Rides program.
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5: Project Organization and Staffing

5.1. Describe your approach and methods for managing the project.

The City will be working closely with Lyft’s Transit Partnerships team: a think tank of over 40 urban transportation planners, data scientists, product managers, and engineers who have helped launch over 100+ rideshare-based transit partnerships to date. The national scale of our partnerships has allowed us to cultivate a transit center of excellence at Lyft, with breadth and depth of experience in transit planning and operations, technology, analytics, performance measurement, and community outreach. The Transit Partnerships Team will be able to continuously monitor day-to-day operations and address any performance issues or service risks that may arise over the course of our partnership with the City.

Lyft structures our transit partnerships to integrate seamlessly with our operations infrastructure, providing a built-in foundation for ongoing issue resolution, marketing, reporting/evaluation, and refinement once launched. In addition, Lyft provides each of its transit partners an additional layer of support through our dedicated Transit Partnerships Account Management team. Lyft’s Transit Partnership team fields and responds to all inquiries that come into our team directly from program passengers and from agency staff, and will serve as a white-glove interface between the the City and Lyft’s general support teams.

The team will leverage significant investments in technology that Lyft has made to help ensure a reliable, high-quality experience on the Lyft platform. These include real-time supply balancing mechanisms that automatically alert drivers on our platform to areas of greater ride demand, data-driven ETA estimate algorithms based on the tens of thousands of on-demand trip requests every day in Orange County, and continuous screening mechanisms that help encourage drivers to always deliver the best possible service to riders.

Our Transit Partnerships team is always learning. Our collaborative ethos and iterative, data-driven approach to program design allow agency partners to continually experiment with and refine their innovative mobility programs. As a result, we are always learning with our partners, and from our partners, developing industry best practices that we are able to share across all our programs.

5.2. Provide an organization chart showing all proposed project team members. Describe the responsibilities of each person on the project team. Identify the Project Director and/or Manager and the person who will be the key contact with the City of San Clemente.

Mike Calma will serve as Lyft’s dedicated Project Manager and key point of contact with the City of San Clemente. Mike will be supported by Jenny Clemmens, Head of Lyft’s Transit Partnerships team. Please see [5.3] for a full team roster and brief bios. 16 1220

5.3. Provide brief descriptions of the qualifications of key personnel including their responsibilities on this project and experience on other similar projects. Team member resumes may be included, but should be concise.

Brief bios for Mike and Jenny, along with other supporting staff, are provided below.

MIKE CALMA | Transit Partnerships Account Manager
Mike started out in the healthcare logistics space and has spent the last five years focused on account and project management. During his tenure at Lyft, Mike serves as the main point of contact for both transit and healthcare partners.

His expertise lies in developing trusted client relationships with a deep understanding of their operations. Being committed to customer obsession has led Mike to addressing the client's challenges with strategic problem-solving.

JENNY CLEMMENS | Head of Transit Partnerships
Jenny has spent the last 7+ years at Lyft building key partnerships and implementing strategic platform integrations in the Medicaid and Medicare NEMT space. Prior to joining Lyft, Jenny worked in both the advertising technology (Facebook) and financial technology (Orchard) space learning how to modernize legacy systems in video advertising and alternative lending. She has a wealth of experience architecting solutions that allow new technology to optimize highly regulated spaces. Jenny has a bachelors in Corporate Communication and Plan II Honors from The University of Texas in Austin.

EARL KAING | Senior Transit Planner and Analytics
Earl helps design and evaluate solutions tailored to the unique challenges facing our public partners. He brings 17+ years of transit and infrastructure planning experience, including roles as a business intelligence consultant with Accenture, where he focused on public infrastructure; and as a transit planner and analytics manager at San Francisco MTA, where he led complete streets projects to improve the transit rider experience. Earl has a Master of City Planning from UCLA, and a B.S. Mechanical Engineering from UC Berkeley. 17 1221
6: Related Experience

6.1. Describe recent, directly related experience. Include on each listing the name of the client; description of the work done; primary client contact, address and telephone number; dates for the project; name of the Project Director and/or Manager and members of the proposed project team who worked on the project, as well as their respective responsibilities. At least three references should be included. For each reference, indicate the reference's name, organization affiliation, title, complete mailing address and telephone number. The City of San Clemente reserves the right to contact any of the organizations or individuals listed.

6.1.1. CITY OF SANTA MONICA BIG BLUE BUS
Project Name Mobility On-Demand Every Day
Client City of Santa Monica Big Blue Bus (Los Angeles County, CA) Client Contact Information Alfredo Torales, Strategic Transit Planner [email protected]
Phone number provided upon request
Description Of Work Performed Big Blue Bus (BBB) has partnered with Lyft to provide on-demand services via a rebranded Dial-A-Ride program for older adults and people with disabilities living in Santa Monica.

The new service called MODE, Mobility On-Demand Every Day, launched on July 1, 2018 to overcome vehicle supply constraints and provide added mobility options for their Dial-a-Ride users.

Lyft's technology and flexible transportation service network is allowing MODE to meet the high demand for service during peak times when members are most interested in traveling while increasing efficiency when the demand for transportation decreases. This innovation addresses a long-standing issue with Big Blue Bus Dial-A-Ride, where members often encountered challenges booking a ride during high demand periods.

Total Project Cost Contract Value: ~3k rides per month
Lyft’s Contracting Role Lyft is the prime contractor for this project.

Period Over Which The Work
Was Completed,
07/2018 - Present
Project Team Daniel Kim: Transit Partnerships Account Manager/Project Manager
Earl Kaing: Senior Transit Planner and Analytics
Jenny Clemmens: Head of Transit Partnerships
18 1222

THE CHALLENGE
Santa Monica’s Big Blue Bus’ Dial-A-Ride program members were eager for a new solution that embedded more flexibility into the agency’s paratransit offering. Members often encountered challenges booking a ride during high demand periods: the system was oversubscribed between 9am and noon on weekdays, and undersubscribed most other times, making it difficult to ensure riders were receiving a consistent level of service.

For BBB’s Dial-A-Ride, trips usually needed to be booked 24 hours in advance to a telephone information dispatcher who would schedule and dispatch the service for customers. The system didn’t allow BBB to offer on-demand ride requests, track vehicles, or digitally process payments, which was becoming increasingly important information needed to measure program usage. BBB wanted to set up a new system that would improve quality of life for customers and offer more flexible journey capacity without increasing BBB’s existing budget.

THE SOLUTION
Big Blue Bus (BBB) partnered with Lyft to provide on-demand services via a rebranded Dial-A-Ride program for older adults and people with disabilities living in Santa Monica.

The new service called MODE, Mobility On-Demand Every Day, was launched on July 1, 2018 to overcome vehicle supply constraints and provide added mobility options for Santa Monica residents. Lyft's technology and flexible transportation service network is allowing MODE to meet the high demand for service during peak times when members are most interested in traveling while increasing efficiency when the demand for transportation decreases.

The service is available seven days a week, and users can book a MODE ride via the Lyft app or online. Members are limited to a total of 30 rides per month. MODE offers two fare types for a ride: a Low-Income Fare which costs $0.75, and a regular fare which costs $1.50.

Big Blue Bus also uses Lyft’s API integration with Spare Platform to book rides for riders that prefer to make a telephone reservation. Riders phone into Big Blue Bus’s program call center, and a reservationist uses the Spare Platform to schedule and dispatch the ride on the rider’s behalf.

OUTCOME AND IMPACT
The program has made a dramatic difference on riders’ lives, helping seniors continue to live independently and stay connected to their community. Program participants have expressed that the new MODE service with Lyft is helping them stay more active and less 19 1223
isolated, reflecting the positive public health impacts of having reliable access to transportation. “This partnership is reflective of the changing mobility landscape and how transit agencies can adopt new technology to enhance the travel experience for MODE members throughout our City. Continuing to understand customer needs and meeting those needs through quick and innovative service delivery is critical to our success in providing outstanding and efficient service," said Ed King, Director of Transit Services.

6.1.2. CITY OF MONROVIA, CA
Project Name GoMonrovia
Client City of Monrovia (Los Angeles County, CA)
Client Contact Information Sophia Sousa, Management Analyst [email protected]
(626) 932-5512
Description Of Work Performed In response to the evolving transportation needs of suburban communities, the City of Monrovia partnered with Lyft to launch the GoMonrovia program. Through the GoMonrovia program, we have worked to develop a new transportation program that will provide greatly improved mobility options for the suburban user.

The program allows residents, employees, and visitors to Monrovia to access a subsidized Lyft Shared ride anywhere in the service area. This unique and innovative public-private partnership was designed to provide the community with
enhanced and affordable public transportation options that leverages Lyft as a convenient microtransit solution.

Total Project Cost Contract Value: ~10k rides per month Lyft’s Contracting Role Lyft is the prime contractor for this project.

Period Over Which The Work
Was Completed,
3/2018 - Present
Project Team Daniel Kim: Transit Partnerships Account Manager/Project Manager
Earl Kaing: Senior Transit Planner and Analytics
Jenny Clemmens: Head of Transit Partnerships

THE CHALLENGE
Monrovia, an increasingly popular suburb of Los Angeles, stretches about 14 square miles with a population of around 38,000 people. The Southern California Association of Governments expects the region’s population to grow by 4 million people in the next 25 years. Looking at Monrovia, that figure isn’t hard to believe. During the past three years, the City has added more than 2,000 new jobs, nearly 2,000 new residents, and the community is in the process of adding more than 2,200 new housing units to address 20 1224
skyrocketing housing costs. And while the growth is welcome, it also presents transportation challenges.

In early 2018, Monrovia city leaders were looking for innovative ways to offer transportation options, to prepare the city for the mobility issues that come with increased population density and growing competition for limited parking.

Historically, Monrovia ran a traditional “Dial-a-Ride” shuttle service called Monrovia Transit to help residents move around the community and connect to regional transit services. The Dial-a-Ride transit program was a curb-to-curb service with flexible routing instead of a fixed route or schedule. That program cost the city about $1 million a year and provided around 38,000 trips annually.

Monrovia’s Dial-a-Ride system was inconvenient and inefficient, struggling to get residents where they needed to go in a timely manner. City officials realized that the community needed a transit system that was more responsive to their transportation needs to save people time and
convenience, while improving the operation’s efficiency.

THE SOLUTION
The City’s leadership aimed to combine local resources
and existing services with innovative technology
platforms to build an entirely new public transportation model for suburban communities like Monrovia. The City
looked for transportation partners with whom they could work closely and who recognized the role of both public transit and emerging services in enhancing community
mobility. That ethos aligned with Lyft’s mission to
complement public transit.

Lyft and City officials developed and launched
GoMonrovia, a first-of-its-kind partnership that was launched in March 2018. The program, which replaced the Dial-a-Ride program, incentivizes Shared Rides to transit and around the City.

OUTCOME AND IMPACT
The adoption of GoMonrovia’s new microtransit program with Lyft has exceeded expectations, having grown ridership well over 1,000 percent. GoMonrovia is now one of the most successful new mobility partnerships in the United States and has become an interesting case study of how to grow shared commuting, increase access to transit, and decouple mobility from car ownership in suburban communities. The City has received the Chapter President’s Award by the Southern California Chapter of the American Society for Public Administration (ASPA), as well as a Local Government Excellence 21 1225
Award from the International City/County Management Association (ICMA) for the GoMonrovia program.

By partnering with Lyft, the City of Monrovia has been able to offer improved access to a larger variety of transit services for its growing communities. Ultimately, this unique partnership program has demonstrated that a new model for suburban mobility can be achieved through microtransit services with organizations like Lyft.

6.1.3. PINELLAS SUNCOAST TRANSIT AUTHORITY
Project Name Mobility On Demand
Client Pinellas Suncoast Transit Authority (Tampa Bay Area, FL) Client Contact Information Bonnie Epstein
Director of Mobility Services
727.540.1980
Description Of Work Performed In February 2019, Pinellas Suncoast Transit Authority partnered with Lyft to launch their innovative Mobility on Demand (MoD) program for paratransit riders. By tapping into Lyft’s ubiquitous ridesharing network, the MoD partnership allows PSTA to offer riders an on-demand option that complements the Authority’s traditional ADA paratransit service (PSTA Access). Tens of thousands of MoD trips have been delivered through the Lyft platform since then, providing paratransit riders with easier access to jobs, education, healthcare, and social and
recreational opportunities. “Since I’m not able to drive and I live alone, the Mobility on Demand program provides me with the necessary transportation to go to medical appointments,” explained one PSTA rider. “The reason the [MoD Program] works great for me is because I am able to schedule appointments where I don’t have to wait hours in the doctor’s office…to get picked up.” Furthermore, because the MoD program is built around Lyft’s non-dedicated rideshare network, PSTA has been able to more cost-effectively serve demand for rides, especially during peak periods. In Fall 2021, for example, the Authority reported a roughly 40% reduction in per-trip costs through the MoD partnership. The success and popularity of MoD led PSTA to expand their partnership with Lyft in Summer 2021, adding a first/last-mile- and a late night jobs access program to the Authority’s MoD offerings.

Lyft is integrated into PSTA’s white-label “PSTA Access” app. which riders use to book rides for the Mobility on Demand program. The PSTA Access app is powered on the back-end by Spare Labs.

Total Project Cost Contract Value: ~15k rides per month Lyft’s Contracting Role Lyft is the prime contractor for this project. 22 1226
Lyft is integrated into PSTA’s white-label “PSTA Access” app, which riders use to book rides for the Mobility on Demand program. The PSTA Access app is powered on the back-end by Lyft’s API Integration with the Spare Labs platform.

Period Over Which The Work
Was Completed,
02/2019 - Present
Project Team Spencer Harrison: Transit Partnerships Account Manager/Project Manager
Earl Kaing: Senior Transit Planner and Analytics
Jenny Clemmens: Head of Transit Partnerships
23 1227
7: Project Schedule

7.1. Provide a schedule for completing each task in the work program, including deadlines for preparing all project deliverables.

Lyft is able to execute the contract and launch the proposed program without delay.

Our proposal leverages capacity within the existing network of drivers providing services through the Lyft platform. That network fulfills tens of thousands of on-demand trip requests every day across the Orange County—24/7. The the City can seamlessly integrate with that network to launch the proposed program on an expedited timeline, and scale their program up or down on an iterative basis as operational data is collected and analyzed.

Below we outline our general implementation timeline for instituting a new program.

However, the current SC Rides program is already live, and so we can continue to serve riders while we work with the City to execute a new contract. There will be no disruption to the existing service during the contract negotiation period, and no ramp up time to launch a new service once a final contract is executed.

WEEKS FROM CONTRACT EXECUTION
TASKS 1 2 3 4 5 6

PRE-LAUNCH
1 Develop Final Mobilization & Service Plan
2 Configure Technology Platform (Digital Passes)
3 Test Service Plan
4 Marketing and Outreach

POST-LAUNCH
5 Program Management (Auditing, Reporting,
Invoicing)
24 1228
8: Compensation

8.1. Proposed schedule should clearly show the costs for meeting the objectives of the program and include a list of limitations regarding the service and include any issues that would not fully meet the objectives of the program.

Partnering with Lyft requires no up-front software implementation costs, nor any ongoing fees for technology and operations support. We offer a pay-as-you-go structure tied to trips booked and delivered through the platform, which means that instead of a set per-month or upfront fee commitment, City of San Clemente would only pay for rides taken under one of your programs. We are proposing that each ride would be priced according to Lyft’s prevailing prices for the region, which apply to all Lyft rides in Orange County.

Lyft’s Dynamic Pricing Algorithm automatically adjusts fares on a ride-by-ride basis in response to changing costs (e.g. insurance). As such, historic pricing will not be predictive of future costs. Furthermore, we also dynamically calculate prices based on real-time movements in supply and demand. This can result in higher or lower prices for trips of equal distance/time. This dynamic pricing model helps us redirect drivers from areas of low demand to areas of high demand in real-time, and deliver competitive, market-rate pricing to riders and the City of San Clemente.

Since January 2025, Lyft has delivered about 15k trips or roughly 3k trips per month through the SC Rides program. The average total cost of the trip has been about $11.10, with the City of San Clemente covering roughly $7.72 in subsidies per trip.

8.1.1. ButterFLI WAV Trips
WAV trips are subject to longer boarding and alighting times per trip, as well as the additional training and certifications required to meet the needs of WAV passengers. As such, on-demand WAV trips are priced using an alternative rate structure, provided by ButterFLi, that reflect the higher costs of service.

For the SC Rides program, ButterFLI offers a flat rate per ride, based on the following schedule:
● Mon-Fri: $95.00 flat rate; no mileage or distance-based fare ● Sat/Sun: $125.00 flat rate; no mileage or distance-based fare Lyft will act as a direct pass-through between ButterFLI and the City; we do not add additional markups to the cost of each WAV trip delivered by ButterFLI.

As we do with all our other transit partnerships, Lyft will work with the City to ensure that the passenger facing fare for WAV rides remains equal to the fare offered to all other passengers in the program.
25 1229
9: Statement of Compliance

9.1. Consultant/Contractor must submit a Statement of Compliance with all parts of the Request for Proposal and Draft Agreement terms and conditions, or a listing of exceptions and suggested changes, along with a description of any cost implications or schedule changes the exceptions and/or changes cause. The Statement of Compliance must declare either: a. This proposal is in strict compliance with the Request for Proposal and Draft Agreement and no exceptions to either are proposed; or b. This proposal is in strict compliance with the Request for Proposal and Draft Agreement except for the items listed. For each exception and/or suggested change, the consultant/contractor must include: i. The suggested change in the RFP or rewording of the contractual obligations. ii. Reasons for submitting the proposed exception or change. iii. Any impact the change or exception may have on project costs, scheduling or other considerations.

This proposal is in strict compliance with the Request for Proposal and Draft Agreement except for the items listed:

We have reviewed Attachment C: City of San Clemente Professional Services Agreement, and broadly reserve the terms of the agreement for further clarification and discussion.

Lyft receives ride requests and seeks to match those ride requests with available drivers performing the transportation services (“Lyft’s Business Model”). We have developed a General Services Agreement (GSA) for public agency rideshare agreements based on this unique business model, specifically for and in collaboration with our government agency partners. The GSA includes a description of the terms and insurance we generally include in our contracts, which have been derived and informed by similar agreements that we have crafted to support 100+ public agency partnerships.

Should we be fortunate enough to be selected for an award, we would like to propose the terms in the GSA as a starting point for contracting. We have approached each of our 100+ partnerships with a collaborative spirit, and generally reserve for discussion only those elements of the City’s proposed service agreement as necessary to adequately capture the business relationship and risks and to reflect evolving industry standards.

We appreciate the opportunity to work with the City of San Clemente on a final contract and scope of services that conforms to industry standards and all applicable federal, state, and local laws, while meeting the City of San Clemente and OCTA’s requirements.
26 1230
10: Other Information

10.1. Acknowledgement of receipt of all RFP addenda, if any.

We acknowledge receipt of Addendum Number 1 issued May 20, 2025. 27 1231
EXHIBIT “D”

COMPENSATION
In full compensation for the Services rendered by the Consultant under the Agreement, the City shall pay the Consultant for actual work performed at the following hourly rates:

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

Safety National Casualty Corporation
SP 4066817
Docusign Envelope ID: D8D25237-24C6-45E3-937F-BEA63F017D1E 28 1232
Dated: ________________________, 20____
________________________________
(“CONSULTANT”)
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
Lyft, Inc.
185 Berry Street, Suite 400 San Francisco, CA 94107
VP, Lyft Business
Buck Poropatich
Docusign Envelope ID: D8D25237-24C6-45E3-937F-BEA63F017D1E June 2, 2025
29 1233
THANK YOU FOR THIS OPPORTUNITY!
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San Clemente City CouncilJune 17, 2025

San Clemente City Council
June 17, 2025