Attachment 2Attachment 2 RESOLUTION NO. 25-98
Attachment 2
Attachment 2
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 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 ____________________, _______.
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:
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
Resolution No. 25-98 Page 2