San Clemente City Council
November 4, 2025

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City Council Special and Regular Meeting Minutes October 21, 2025

INVOCATION
Ryder Steimle, Stake Interfaith Specialist, Church of Jesus Christ of Latter-Day Saints, gave the invocation.

PLEDGE OF ALLEGIANCE
Mayor Pro Tem Enmeier led the Pledge of Allegiance.

1. Special Presentations
A. FISCAL YEAR 2024-2025 UNAUDITED PRELIMINARY 4TH QUARTER

FINANCIAL REPORT
Finance Manager Mariano narrated a PowerPoint presentation entitled “Financial 4th Quarter Unaudited Report” and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

2. Council Member Reports
Councilmember Loeffler:
· Worked at the Friends of San Clemente Beaches, Parks and Recreation Foundation’s Carnival Colossal from October 9-12, 2025. · Met with the organizers of “Love San Clemente” on October 13, 2025 concerning fundraising to beautify San Clemente schools. · Met with the City Manager and a fellow Councilmember on October 15, 2025. · Met with community members at the “Speakeasy” event held on October 15, 2025.
· Attended the Friends of San Clemente Beaches, Parks and Recreation Foundation Board Meeting on October 16, 2025.
· Attended the Sober Living Task Force Meeting on October 17, 2025. · Attended the National Night Out event at Vista Hermosa Sports Park on October 17, 2025.
· Attended “Pumpkin Splash” at the Vista Hermosa Aquatics Center on October 18, 2025.
· Attended the Chamber of Commerce Board Meeting on October 20, 2025. · Attended a briefing with City Manager Hall and City Attorney Mitchell on October 20, 2025.
· Responded to resident emails, phone calls and in person meetings concerning various issues.
· Councilmember Loeffler displayed a photograph of Carnival Colossal at sunset, a hard copy of the photograph is on file with the City Clerk. · Introduced School Resource Officer Ruelas with the Orange County Sheriff’s Department.

Councilmember Wu:
· Attended the Family Assistance Ministries (FAM) Hunger Walk on October 12, 2025.

238
City Council Special and Regular Meeting Minutes October 21, 2025 · Attended the SJC 250 Opening Ceremony, in celebration of Mission San Juan Capistrano's 250th Anniversary, which honored local Native American Tribes on October 18, 2025.
· Attended the 250th Anniversary of the United States Marine Corps from Shore to Sea event at Camp Pendleton on October 18, 2025. · Councilmember Wu addressed comments made during Oral
Communications at the October 7, 2025 City Council meeting.

Councilmember Cabral:
· Attended the Cal Cities Annual Conference October 8-10, 2025 in Long Beach.
· Announced that he was elected to represent District 5 at the Cal Cities Conference.
· Acknowledged Councilmember Loeffler and the Friends of San Clemente Beaches, Parks and Recreation Foundation for their efforts in organizing Carnival Colossal.
· Supported San Clemente Restaurant Week organized by the Downtown Business Association.
· Attended the grand opening of the Orange County Fire Authority Heliport Pad at the Fire Station 59.
· Presented at “Speakeasy” on October 15, 2025.
· Attended an Orange County Fire Authority Board Meeting on October 15, 2025.
· Attended “Love San Clemente” Board Meeting.
· Attended the Downtown Business Association meeting.
· Attended the 250th Anniversary of the United States Marine Corps from Shore to Sea event at Camp Pendleton on October 18, 2025. · Attended a meeting with Chandler concerning sand placement. · Attended the San Onofre Nuclear Generating Station (SONGS) Community Engagement Panel (CEP) community meeting at the Casino on October 16, 2025.

Mayor Pro Tem Enmeier:
· Attended the Cal Cities Annual Conference from October 8-10, 2025 in Long Beach:
o General Session: “The Future is Now!”
o Addressing the Erosion of Trust in Local Government
o Preparing Local Leaders for Immigration Policy Changes o Advancing Municipal Climate Action Through Partnership o Keynote Speaker: The Creator Mindset
o The Power of Public Transportation in Shaping Communities o Coastal Cities Annual Business Meeting
o Orange County Division Reception
o ADUs, Group Homes, and Short-Term Rentals: Local Regulation and Enforcement

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City Council Special and Regular Meeting Minutes October 21, 2025 o Strengthening Local Governance through Trust, Fundamentals, and Effective Partnerships
· Attended the Protect San Onofre Paddle-Out on October 11, 2025. · Attended the Family Assistance Ministries (FAM) Hunger Walk on October 12, 2025.
· Attended the Coastal Animal Services Joint Powers Meeting on October 13, 2025.
· Recognized Indigenous People’s Day.
· Attended the San Onofre Nuclear Generating Station (SONGS) Community Engagement Panel (CEP) community meeting at the Casino on October 16, 2025.
· Attended the Red Ribbon Walk and Rally on October 20, 2025. · Narrated a PowerPoint presentation displaying adoptable dogs at the Coastal Animal Services Authority for National Dog Adoption Month.

Mayor Knoblock:
· Attended the 250th Anniversary of the United States Marine Corps from Shore to Sea event at Camp Pendleton on October 18, 2025. · Attended the Intro to City Finance: Expenditures seminar on October 16, 2025.
· Attended the National Night Out event at Vista Hermosa Sports Park on October 17, 2025.
· Attended the Orange County Mosquito and Vector Control Board Meeting on October 16, 2025.

3. Oral Communications (Part 1)
Dee Coleman, San Clemente, narrated a PowerPoint presentation concerning vehicles being parked on public streets in excess of 72 hours was distributed to the City Council and a hard copy of the presentation is on file with the City Clerk.

Lois McNicoll opined on the quality of beach sand being placed on San Clemente beaches by the Orange County Transportation Authority (OCTA).

Reva Buck commented on the City Council's efforts in addressing the Broadmoor Homeowners Associations enforcement of their 17 foot height restriction.

Amanda Quintanilla narrated a PowerPoint presentation entitled "Correcting Misinformation". A hard copy of the presentation is on file with the City Clerk.

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City Council Special and Regular Meeting Minutes October 21, 2025

4. Motion waiving reading in full of all Resolutions and Ordinances Motion by Mayor Pro Tem Enmeier, second by Councilmember Cabral, CARRIED 5-0, to waive reading in full of all Resolutions and Ordinances.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None

5. Consideration of agendizing items requiring immediate action None.

6. Closed Session Report - City Attorney
City Attorney Mitchell provided the following Closed Session Report:

Direction given, no reportable action concerning:

Existing litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 1
Case Name: VM Development II, LLC v. City of San Clemente Orange County Superior Court Case No.: 30-2025-01512943-CU-WM-CJC

7. Staff Communications
City Manager Hall requested that the City Council consider Item 10C - REVIEW

OF THE CARS AND COFFEE EVENT, AN APPROVED WEEKLY EVENT
UNDER CONDITIONAL USE PERMIT 22-328, FOR PERMITTED EVENTS AT

THE OUTLETS AT SAN CLEMENTE, AND CONSIDERATION TO INITIATE A

PUBLIC HEARING PURSUANT TO SAN CLEMENTE MUNICIPAL CODE
SECTION 17.12.175 - CITY INITIATED CHANGES OR REVOCATION OF APPROVED APPLICATIONS and Item 10E - REFERRAL OF THE LODGE HOTEL PROJECT AT 401 W. AVENIDA VISTA HERMOSA TO THE DESIGN

REVIEW SUBCOMMITTEE, PURSUANT TO THE SAN CLEMENTE
MUNICIPAL CODE SECTION 17.12.025 before the Public Hearings items.

Motion by Councilmember Loeffler, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to consider Items 10C and 10E before the Public Hearings.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
For a summary of action concerning Item 10C please reference page 8 of these minutes. For a summary of action concerning Item 10E please reference page 10 of these minutes.

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8. Public Hearings
8A. DE NOVO APPEAL HEARING OF PUBLIC HEARING PROJECT (PHP) 25-323, HANSON HOTEL, A REQUEST TO CONSTRUCT A 61-ROOM
BOUTIQUE HOTEL WITH ROOFTOP RESTAURANT, CAFÉS,

SUBTERRANEAN PARKING, AND RELATED IMPROVEMENTS, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Mayor Knoblock opened the Public Hearing.

Amanda Quintanilla expressed concerns relating to the project.

David Liu expressed concerns regarding public noticing and environmental impacts.

There being no others desiring to speak, Mayor Knoblock closed the Public Hearing.

Motion by Mayor Pro Tem Enmeier, second by Councilmember Wu, CARRIED 5-0, to continue the public hearing, to a date uncertain, to consider the appeal of Public Hearing Project (PHP) 25-323, Hanson Hotel, to allow staff the time to complete the environmental analysis necessary to fully respond to the issues raised in the appeal.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
8B. INTRODUCTION (FIRST READING) OF ORDINANCE NO. 1796 TO AMEND CHAPTER 8.16 AND TITLE 15 OF THE SAN CLEMENTE MUNICIPAL CODE TO ADOPT THE 2025 CALIFORNIA BUILDING CODE REGULATIONS WITH

CERTAIN ADDITIONS, AMENDMENTS, AND DELETIONS
Mayor Knoblock opened the Public Hearing.

There being no one desiring to speak, Mayor Knoblock closed the Public Hearing.

Motion by Councilmember Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

1. Introduce and conduct the first reading of Ordinance No. 1796 entitled AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING TITLE 15, CHAPTERS 15.05, 15.08, 15.11,

15.12, 15.14, 15.16, 15.17, 15.18, 15.20, 15.22, 15.23 OF AND TITLE 8, CHAPTER 8.16 OF AND ADDING CHAPTER 15.13 TO THE SAN

CLEMENTE MUNICIPAL CODE AND, ADOPTING BY REFERENCE THE

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City Council Special and Regular Meeting Minutes October 21, 2025 2025 CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24), CONSISTING IN PART OF THE 2025 CALIFORNIA ADMINISTRATIVE CODE, THE 2025 CALIFORNIA BUILDING CODE, THE 2025 CALIFORNIA RESIDENTIAL CODE, THE 2025
CALIFORNIA ELECTRICAL CODE, THE 2025 CALIFORNIA MECHANICAL CODE, THE 2025 CALIFORNIA PLUMBING CODE, THE 2025 CALIFORNIA FIRE CODE, THE 2025 CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2025 CALIFORNIA ENERGY CODE, THE 2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE, THE 2025 CALIFORNIA
HISTORICAL BUILDING CODE, THE 2025 CALIFORNIA EXISTING
BUILDING CODE, AND THE 2025 CALIFORNIA REFERENCED

STANDARDS CODE, TOGETHER WITH CERTAIN ADDITIONS,

AMENDMENTS, AND DELETIONS THERETO AND REPEALING
ORDINANCE NO.1738.

2. Find that the changes and modifications to the 2025 Editions of the California Building, Plumbing, Mechanical, Electrical, Residential, Wildland-Urban Interface Code, Existing Building, and Fire Codes are reasonably necessary due to local climatic, geological, or topographical conditions in San Clemente. Other amendments are of an administrative or procedural nature and concern themselves with subjects that are not covered by the Code or are reasonably necessary to safeguard life and property within the City of San Clemente. Adoption of these codes as amended will implement the latest codes in the City, and complies with current State law and Repeals Ordinance No.1738.

3. Set a Public Hearing for November 4, 2025, to consider the adoption of Ordinance No. 1796, and direct staff to advertise the Public Hearing as required by State law.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None

9. Unfinished Business
None.

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City Council Special and Regular Meeting Minutes October 21, 2025

10. New Business
10A. INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING TITLE 6 OF THE SAN CLEMENTE MUNICIPAL CODE RELATING TO ANIMAL

CONTROL, WELFARE, AND LICENSING REQUIREMENTS WITHIN THE CITY

OF SAN CLEMENTE
Motion by Mayor Pro Tem Enmeier, second by Mayor Knoblock, CARRIED 5-0, to introduce and conduct the first reading of Ordinance No. 1797 entitled AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING TITLE 6 OF THE SAN CLEMENTE MUNICIPAL

CODE RELATING TO ANIMAL CONTROL WITHIN THE CITY OF SAN
CLEMENTE.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
10B. RESIGNATION OF ARTS AND CULTURE COMMITTEE MEMBER AND

COMMUNITY SAFETY AND WELFARE COMMITTEE MEMBER
Motion by Mayor Knoblock, second by Councilmember Cabral, CARRIED 5-0, to:

1. Accept the resignations of Tiffany Campbell from the Arts and Culture Committee and Kelli Gallion-Sholler from the Community Safety and Welfare Committee, with regret.

2. Direct staff to advertise vacancies for the Arts and Culture Committee and Community Safety and Welfare Committee.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
10C. REVIEW OF THE CARS AND COFFEE EVENT, AN APPROVED WEEKLY EVENT UNDER CONDITIONAL USE PERMIT 22-328, FOR PERMITTED

EVENTS AT THE OUTLETS AT SAN CLEMENTE, AND CONSIDERATION TO

INITIATE A PUBLIC HEARING PURSUANT TO SAN CLEMENTE MUNICIPAL CODE SECTION 17.12.175 - CITY INITIATED CHANGES OR REVOCATION

OF APPROVED APPLICATIONS
City Planner Lightfoot and Community Development Director Atamian reviewed the contents of the Administrative Report and responded to City Council inquiries.

The following individuals spoke in opposition to initiating a Public Hearing:

Bill Burk, representing Ruby's Diner and Auntie Anne's
Hal Kolp, San Clemente

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City Council Special and Regular Meeting Minutes October 21, 2025 Scott Tree, San Clemente
Lou Leto, San Clemente
Simon Wehr
Jace Mullen
Craig Dobbs, San Marcos
Matt Noale, San Clemente
Kevin Forsyth, San Clemente
Steve Bashe, San Clemente
Rod Pick
Michael Bauccio, San Clemente
Rhonda Bauccio, San Clemente
Lola Chavez
Gary Giacomini, San Clemente
Jack Diamond, San Clemente
The following individuals spoke in support of initiating a Public Hearing:

Denise Zivolich
Councilmember Loeffler narrated a PowerPoint presentation regarding safety concerns related to vehicles exiting the event and spectator behavior following the event. A hard copy of the presentation is on file with the City Clerk.

Motion by Councilmember Cabral, second by Mayor Knoblock, FAILED 2-3 (Councilmember Wu, Councilmember Loeffler and Mayor Pro Tem Enmeier voting NOE), to:

1. Receive and file the Administrative Report dated October 21, 2025 and on file with the City Clerk.

2. Direct San Clemente Police Services to provide an update to the City Council in 4-6 weeks concerning enforcement of unsafe behavior following the Cars and Coffee event.

AYE: Cabral and Mayor Knoblock
NOE: Enmeier, Loeffler and Wu
Motion by Councilmember Loeffler, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to initiate a Public Hearing to review and potentially modify or revoke Conditional Use Permit 22-328 due to safety concerns related to dangerous spectator and driver behavior when exiting the event/getting on the I-5 Freeway.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None

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City Council Special and Regular Meeting Minutes October 21, 2025 10D. INFORMATIONAL REPORT ON THE CITY’S HOUSING ELEMENT

IMPLEMENTATION & AFFORDABLE HOUSING OPPORTUNITIES
Principal Planner Rehm and Community Development Director Atamian narrated a PowerPoint presentation entitled "Housing Element Implementation & Affordable Housing" and responded to City Council inquiries.

Lois McNicoll commented on affordable housing in San Clemente.

Amanda Quintanilla spoke in opposition to the use of open space for affordable housing.

Motion by Councilmember Wu, second by Councilmember Loeffler, CARRIED 5-0, to:

Receive and file the Administrative Report, dated October 21, 2025 and on file with the City Clerk, which will:

1. Maintain the directive of staff to implement the goals, strategies, programs, and objectives of the Housing Action Plan as certified by the State of California through the 2021-2029 Housing Element.

2. Allow staff to continue evaluating potential sites for affordable housing development through the pending Real Estate Asset Management Plan, and return with feasibility analyses for Council consideration at a later date.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
Meeting Recessed
Meeting recessed at 7:30 p.m. and reconvened at 7:38 p.m. with all City Councilmembers present.
10E. REFERRAL OF THE LODGE HOTEL PROJECT AT 401 W. AVENIDA VISTA

HERMOSA TO THE DESIGN REVIEW SUBCOMMITTEE, PURSUANT TO THE SAN CLEMENTE MUNICIPAL CODE SECTION 17.12.025
City Manager Hall provided an update relating to a meeting held with Marblehead residents regarding concerns related to the Lodge Hotel Project at 401 W. Avenida Vista Hermosa.

Amanda Quintanilla spoke in support of the City Council referring the project to the Design Review Subcommittee to address resident concerns.

Denise Zivolich urged the City Council to continue the item to allow additional

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City Council Special and Regular Meeting Minutes October 21, 2025 time the City, residents and the applicant to work on concerns related to the design of the Lodge Hotel.

Don Hickman commented on potential noise impacts of the project on neighbors.

Motion by Councilmember Cabral, second by Mayor Pro Tem Enmeier, CARRIED 3-2 (Councilmember Wu and Councilmember Loeffler voting NOE), to table this item and take no action.

AYE: Cabral, Enmeier and Mayor Knoblock
NOE: Loeffler and Wu
10F. DISCUSSION ABOUT AND POTENTIAL MODIFICATION OF CITY COUNCIL POLICY 1201-11, SPECIFICALLY SECTIONS 4.5.4 AND 4.5.6 RELATING TO

PLACEMENT OF ITEMS ON THE CITY COUNCIL MEETING AGENDA BY

MEMBERS OF THE CITY COUNCIL AND RECONSIDERATION OF

PREVIOUS ACTIONS OF THE CITY COUNCIL - UPDATED AND MODIFIED CONSISTENT WITH CITY COUNCIL DIRECTION ON OCTOBER 7, 2025 Amanda Quintanilla spoke in support of the current process for the City Council to agendize items.

Motion by Mayor Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to table this item and take no action.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None

11. Consent Calendar
The City Council removed Items 11G and 11I from the Consent Calendar for discussion.

A. City Council Minutes
Motion by Councilmember Cabral, second by Mayor Knoblock, CARRIED 5-0, to:
(1) APPROVE THE REGULAR CITY COUNCIL MEETING MINUTES OF OCTOBER 7, 2025.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None

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City Council Special and Regular Meeting Minutes October 21, 2025 B. Commission/Committee Minutes
Motion by Councilmember Cabral, second by Mayor Knoblock, CARRIED 5-0, to receive and file:
(1) BEACHES, PARKS & RECREATION COMMISSION ADJOURNED REGULAR MEETING MINUTES OF AUGUST 26, 2025.
(2) DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES OF SEPTEMBER 24, 2025.
(3) PLANNING COMMISSION REGULAR MEETING MINUTES OF OCTOBER 8, 2025.
(4) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF OCTOBER 9, 2025.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
C. Warrant Register
Motion by Councilmember Cabral, second by Mayor Knoblock, CARRIED 5-0, to:
(1) APPROVE WIRE TRANSFER NOS.
3316 THROUGH 3324 AND WARRANT NOS.
607424 THROUGH 607543, PAID ON
10-3-25, IN THE AMOUNT OF $1,243,640.00
(2) APPROVE WARRANT NOS.
607544 THROUGH 607694, PAID ON
10-10-25, IN THE AMOUNT OF $2,907,650.06
TOTAL WARRANT REGISTER $4,151,290.06
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None

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City Council Special and Regular Meeting Minutes October 21, 2025 Payroll Register
Motion by Councilmember Cabral, second by Mayor Knoblock, CARRIED 5-0, to:

APPROVE AUTOMATIC DEPOSIT ADVISES 106689
THROUGH 107008, FOR THE PERIOD
9-15-25 THROUGH 9-28-25, PAID
ON 10-3-25, IN THE AMOUNT OF $572,666.32
TOTAL PAYROLL REGISTER $572,666.32
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
11D. CONSIDERATION OF APPROVING THE ARTS AND CULTURE COMMITTEE FY 2025-26 WORK PLAN AND MAKING FINDINGS UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT RELATED THERETO
Motion by Councilmember Cabral, second by Mayor Knoblock, CARRIED 5-0, to:

Adopt Resolution No. 25-159, which will:

1. Make findings under the California Environmental Quality Act as to the items on the work plan.

2. Approve the Arts and Culture Committee 2025-26 Work Plan.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None

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City Council Special and Regular Meeting Minutes October 21, 2025 11E. NOTICE OF COMPLETION - BONITO CANYON PARK PLAYGROUND SHADE

STRUCTURE WITH TWO OTHER COMPONENTS (RELANDSCAPING OF

SLOPE AND EXPANDED BIKE RACKS) PENDING COMPLETION
Motion by Councilmember Cabral, second by Mayor Knoblock, CARRIED 5-0, to:

Adopt Resolution No. 25-160, which will:

1. Accept the Bonito Canyon Park Shade Structure, CIP No. 15105, from the contractor, Landscape Structures, Inc.

2. Authorize the City Clerk to execute and record Notice of Completion for the Bonito Canyon Park Shade Structure.

3. Authorize the City Clerk to release the payment bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the contractor, Landscape Structures, Inc.

4. Authorize the City Clerk to release the performance bond.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
11F. NOTICE OF COMPLETION - EL CAMINO REAL CORRIDOR RUNOFF

TREATMENT PROJECT
Motion by Councilmember Cabral, second by Mayor Knoblock, CARRIED 5-0, to:

Adopt Resolution No. 25-161, which will:

1. Accept the El Camino Real Runoff Treatment Project, CIP Project No. 26802, from the contractor, G2 Construction, Inc.

2. Authorize the City Clerk to execute and record the Notice of Completion for the El Camino Real Runoff Treatment Project.

3. Authorize the City Clerk to release the payment bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the contractor, G2 Construction, Inc.

4. Authorize the City Clerk to release the performance bond for this project upon receipt of a warranty bond in a form acceptable to the Public Works

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City Council Special and Regular Meeting Minutes October 21, 2025 Director/City Engineer in the amount of 25% of the total construction cost.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
11H. CONTRACT AWARD - DIGESTER NO. 2 STRUCTURAL AND MECHANICAL

REHABILITATION, AND FINDING THE PROJECT CATEGORICALLY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion by Councilmember Cabral, second by Mayor Knoblock, CARRIED 5-0, to:

Adopt Resolution No. 25-163 which will:

1. Find the Digester No. 2 Structural and Mechanical Rehabilitation, CIP Project No. 12204 categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Award the Digester No. 2 Structural and Mechanical Rehabilitation to Vicon Enterprise, Inc.

3. Approve, and authorize the City Manager to execute, Contract No. C25- 52, by and between the City of San Clemente and Vicon Enterprise, Inc., providing for the Digester No. 2 Structural and Mechanical Rehabilitation, in an amount not to exceed $715,000, in a form substantially similar to Contract No. C25-52, Attachment 2 of the Administrative Report dated October 21, 2025 and on file with the City Clerk.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None

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City Council Special and Regular Meeting Minutes October 21, 2025 11J. CONSIDERATION OF ADOPTING THE 2025 SEWER SYSTEM

MANAGEMENT PLAN, DESIGNATING A LEGALLY RESPONSIBLE OFFICIAL AS REQUIRED BY THE REGIONAL WATER QUALITY CONTROLS BOARD’S

WASTE DISCHARGE REQUIREMENTS, AUTHORIZING THE CITY MANAGER

AND THE UTILITIES MANAGER TO APPROVE ANY FURTHER MINOR

UPDATES TO THE PLAN, AND FINDING THE PROJECT CATEGORICALLY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion by Councilmember Cabral, second by Mayor Knoblock, CARRIED 5-0, to:

Adopt Resolution No. 25-165, which will:

1. Find the actions categorically exempt from the California Environmental Quality Act (CEQA) under Class 8 of the State CEQA Guidelines, Section 15308 - Actions By Regulatory Agencies for the Protection of the Environment.

2. Appoint the Utilities Manager as the Legally Responsible Official under the Regional Water Quality Controls Board’s Waste Discharge Requirements.

3. Approve and adopt the 2025 Sewer System Management Plan.

4. Authorize the City Manager and Utilities Manager to approve any future minor updates mandated by the State Water Resources Control Board regarding the Sanitary Sewer Management Plan, Sanitary Sewer Overflow Prevention Plan and Sanitary Sewer Overflow Emergency Response Plan.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
11K. CONSIDERATION OF A RESOLUTION APPROVING FINAL PARCEL MAP 2025-109, 214 WEST MARIPOSA DUPLEX CONDOMINIUM SUBDIVISION Motion by Councilmember Cabral, second by Mayor Knoblock, CARRIED 5-0, to:

Adopt Resolution No. 25-155, which will:

1. Approve the Final Parcel Map 2025-109 as it conforms to the requirements set forth in the Subdivision Map Act and the previously approved Tentative Parcel Map.

2. Accept on behalf of the City of San Clemente the water rights as dedicated.

3. Authorize and direct the Public Works Director/City Engineer to execute

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City Council Special and Regular Meeting Minutes October 21, 2025 the Final Parcel Map.

4. Authorize and direct the City Clerk to execute and submit the Final Parcel Map for recordation with the County of Orange Recorder’s Office.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
11L. CONSIDERATION OF A RESOLUTION APPROVING AN EASEMENT FOR

RIGHT OF WAY, CONSTRUCTION, AND MAINTENANCE FOR THE
RESERVOIR NO. 5 SITE FROM RANCHO SAN CLEMENTE COMMUNITY

ASSOCIATION, AUTHORIZING THE CITY MANAGER TO NEGOTIATE,

FINALIZE AND EXECUTE THE EASEMENT, ACCEPTING THE EASEMENT

RIGHTS AS DEDICATED AND FINDING THE ACTIONS CATEGORICALLY

EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion by Councilmember Cabral, second by Mayor Knoblock, CARRIED 5-0, to:

Adopt Resolution No. 25-166, which will:

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

2. Approve, and authorize the City Manager to negotiate, finalize and execute an easement (D-543) for the Reservoir 5 site with Rancho San Clemente Community Association similar to the Easement Deed shown in Attachment 2 of the administrative Report dated October 21, 2025 and on file with the City Clerk, with any revisions necessary and advisable in consultation with the City Attorney.

3. Authorize the City Manager to negotiate and finalize the exhibits to such Easement Deed, including Exhibit A (legal description) and Exhibit B (Plat Map) of the Administrative Report dated October 21, 2025 and on file with the City Clerk, to cover the area needed for City purposes as generally shown in Attachment Number of the Administrative Report dated October 21, 2025 and on file with the City Clerk.

4. Accept the dedication and authorize the City Manager to execute a certificate of acceptance of the easement for the Reservoir 5 site.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None

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City Council Special and Regular Meeting Minutes October 21, 2025

ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION
11G. CONTRACT AMENDMENT - PEDESTRIAN AUDIBLE WARNING SYSTEM

REHABILITATION PROJECT, TO EXTEND THE CONTRACT TERM UNTIL

THE SUCCESSFUL COMPLETION OF THE PROJECT
Lois McNicoll opined that the Orange County Transportation Authority should pay for the Pedestrian Audible Warning System Rehabilitation Project (PAWS).

Motion by Councilmember Cabral, second by Councilmember Wu, CARRIED 5-0, to:

Adopt Resolution No. 25-162, which will:

1. Approve an amendment to the Professional Consultant Services Agreement with Pacific Railway Enterprises, Inc. for the Pedestrian Audible Warning System Rehabilitation Project to extend the contract term until the successful completion of the project.

2. Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. C24-58, by and between the City of San Clemente and Pacific Railway Enterprises, Inc., providing for the Pedestrian Audible Warning System Rehabilitation Project, to extend the contract term until the successful completion of the project, in a form substantially similar to Attachment 2 of the Administrative Report dated October 21, 2025 and on file with the City Clerk.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
11I. CONTRACT AWARD - CAMINO MIRA COSTA MEDIAN ISLAND, APPROVING

THE MODIFIED PEDESTRIAN REFUGE ISLAND DESIGN, AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Al Fusco expressed concerns regarding pedestrian safety in the area due to speeding cars; urged the City Council to place speed bumps or other devices to slow traffic.

Bill Kreutinger, San Clemente, expressed concerns regarding the proposed flashing lights as it relates to impacts to neighbors.

Public Works Director/City Engineer Rebensdorf responded to City Council inquiries.

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City Council Special and Regular Meeting Minutes October 21, 2025 Motion by Mayor Knoblock, DIED FOR LACK OF SECOND, to continue the item and direct staff to study all options for traffic calming.

Motion by Councilmember Wu, second by Councilmember Cabral, CARRIED 5-0, to:

Adopt Resolution No. 25-164, which will:

1. Find the Camino Mira Costa Median Island, CIP Project No. 15323, categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Approve the modified design as illustrated in Attachment 4 of the Administrative Report, dated October 21, 2025 and on file with the City Clerk, as follows:
a. Pedestrian refuge island in the painted median on Camino Mira Costa. b. Signage and flashing beacons to alert approaching drivers about the presence of pedestrian refuge island and crossing pedestrians. c. PED XING markings in the vehicular travel lanes leading up to the refuge island.
d. 30-foot red curb on both sides of Camino Mira Costa in front of Mira Costa Park.

3. Award the Camino Mira Costa Median Island construction contract to Gentry General Engineering, Inc. as lowest responsible and responsive bidder.

4. Approve, and authorize the City Manager to execute, Contract No. C25- 53, by and between the City of San Clemente and Gentry General Engineering, Inc., providing for the Camino Mira Costa Median Island, in an amount not to exceed $74,846, in a form substantially similar to Attachment 3 of the Administrative Report dated October 21, 2025 and on file with the City Clerk.

5. Direct staff to evaluate other traffic calming measures including speed bumps to reduce traffic speed.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None

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City Council Special and Regular Meeting Minutes October 21, 2025

12. Oral Communications (Part 2)
Bill Kreutinger, Tri-Cities RACES, provided an update on emergency communications testing.

Mike Kay commented on history of the Brown Act; opined on Councilmember responses to public comments.

Tony Rubolino narrated a PowerPoint presentation; a hard copy of the presentation is on file with the City Clerk.

13. Future Agenda Items
Parking on Public Streets in Excess of 72 Hours
Councilmember Loeffler, with the support of Mayor Knoblock and Councilmember Cabral, directed the Community Safety and Welfare Committee to provide a recommendation to the City Council concerning an update to the City ordinance as it relates to vehicles parked on public streets for longer than 72 hours.

14. Reports
A. City Attorney
None.

B. City Manager
None.

15. Adjournment
Motion by Mayor Knoblock, second by Councilmember Wu, CARRIED 5-0, to adjourn at 9:17 p.m. The next Regular Meeting will be held on November 4, 2025. Closed Session will begin at 4:30 p.m.The Business Meeting will commence at 5:30 p.m. The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
_______________________________ __________________________ Steve Knoblock, Mayor of the City of CITY CLERK of the City of San Clemente, California San Clemente, California

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CITY COUNCIL MEETING
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Meeting Date: November 4, 2025 Agenda Item: (1)
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CITY OF SAN CLEMENTE
Investment Advisory Committee Minutes
Regular Meeting – July 28, 2025
A Regular Meeting of the City of San Clemente Investment Advisory Committee was called to order by City Treasurer, Charlie Smith, on July 28, 2025 at 5:30 p.m. This meeting was conducted in the Community Conference Room at City Hall, 910 Calle Negocio, San Clemente. (1) PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Charlie Smith.
(2) ROLL CALL
PRESENT: Investment Advisory Committee Members:

Charlie Smith, Victor Cabral, Jeff Willardson, Chad Ahearn Staff:

Sheryl Mariano, Sandee Chiswick, Melissa Anderson, Brian Brower ABSENT: Matthew Koelliker (excused)

CHANDLER
REPRESENTATIVE: Jayson Schmitt
PUBLIC: None
(3) APPROVAL OF MINUTES
Minutes from the April 28, 2025 and May 27, 2025 meetings were approved. Motion was made to approve by Jeff Willardson, seconded by Victor Cabral. Approved 4-0. (4) APPROVE 4
th QUARTER FY 2024-25 INVESTMENT REPORT
The fourth quarter Investment Report was introduced by City Treasurer, Charlie Smith. Jayson Schmitt, Chandler Asset Management representative, reviewed the report with committee members and answered questions. Jeff Willardson moved to approve the 4 th Quarter Investment Report,
seconded by Victor Cabral. Approved 4-0.
(5) SECTION 115 POLICY CHANGES
City Treasurer Charlie Smith presented the Section 115 Trust Policy with recommended changes.

The committee reviewed the document, asked questions and discussed the recommended changes.

Following the discussion, Charlie made a motion to approve the policy as is, with the following additional changes:

1. Review the PARS published ranges and adopt those.

2. In Section 4.8, Review of Investment Performance, remove all examples of benchmarks following the first sentence.

Jeff Willardson seconded the motion. Approved 4-0.
(7) PUBLIC INPUT
None.
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Investment Advisory Committee Minutes July 28, 2025 Page 2 (8) ADJOURNMENT
Motion was made by Charlie Smith, seconded by Jeff Willardson, carried 4-0 to adjourn to the next Regular meeting to be held on October 27, 2025 at 5:30 pm in the Community Conference Room at City Hall, 910 Calle Negocio, San Clemente, California. _________________________________
Charlie Smith
Chair-Investment Advisory Committee
Future Meeting Dates:

October 27, 2025
January 26, 2026
April 27, 2026
July 27, 2026
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Meeting Date: November 4, 2025 Agenda Item: (1)
..ag endizedby
..end
Subject:
..titl e
Approve Hand Write Nos. 607871,
Wire Transfer Nos. 3325 through
3330 and Warrant Nos. 607695
through 607870, paid on
10-17-25, in the amount of $3,878,796.63
..end
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Meeting Date: November 4, 2025 Agenda Item: (2)
..ag endizedby
..end
Subject:
..titl e
Approve Handwrite No. 607872
and Warrant Nos. 607873
through 608030, paid on 10-24-25,
in the amount of $999,107.12
TOTAL WARRANT REGISTER $4,877,903.75 ..end
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Meeting Date: November 4, 2025 Agenda Item:
..ag endizedby
..end
Subject:
..titl e
Approve Automatic Deposit Advises
107009 through 107322, for the period
9-29-25 through 10-12-25, paid
on 10-17-25, in the amount of $555,955.15
TOTAL PAYROLL REGISTER $555,955.15 ..end
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Meeting Date: November 4, 2025 Agenda Item: 11D.

ORDINANCE NO. 1797

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, AMENDING TITLE 6 OF THE SAN

CLEMENTE MUNICIPAL CODE RELATING TO ANIMAL

CONTROL WITHIN THE CITY OF SAN CLEMENTE
WHEREAS, in 1995, the City of San Clemente and City of Dana Point formed the Coastal Animal Services Authority (CASA), an independent joint powers authority, to provide animal services within the two cities; and
WHEREAS, CASA serves as the City’s Animal Services Division and CASA’s officers serve as the City’s Animal Services Program Manager and Animal Services Officers; and WHEREAS, in providing animal control services within the City, CASA utilizes the provisions of Article 6 of the San Clemente Municipal Code (the “Code”); and WHEREAS, the City desires to make various amendments to the Code regarding the provision of animal services.

NOW, THEREFORE, the City Council of the City of San Clemente, California, hereby ordains as follows:

Section 1: In reviewing Title 6 - Animals, several areas for improvement were identified in the following Chapters of the Municipal Code of the City of San Clemente and Title 6 is hereby amended to read in its entirety as follows:

Title 6

ANIMALS
Chapter 6.04 GENERAL PROVISIONS, ADMINISTRATION AND ENFORCEMENT

6.04.010 Definitions.

As used in this Title, the following terms have these meanings, unless otherwise specified:
“Administrative action” means and refers to any enforcement action taken by the Authority other than criminal prosecution or civil proceeding filed in the Orange County Superior Court. "Adoption fee" means any compensation or monetary exchange for the purpose of taking ownership or custody of an animal.
"Animal" means any creature, domestic or wild, including, but not limited to, birds, fishes, reptiles, insects, arachnids, arthropods, and nonhuman mammals. 297
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"Animal Control Officer" means any person designated by the General Manager of the Authority as a law enforcement officer who is qualified to perform such duties under the laws of this State.
"Animal establishment" means any pet shop, grooming shop, animal auction, performing animal exhibition, kennel, or animal shelter (except this term shall not include licensed veterinary medical facilities, licensed research facilities, facilities operated by government agencies, or licensed animal dealers regulated by the U.S.D.A. under the provisions of U.S. Public Laws 89544 and 91579).
"Animal exhibition" means any display containing one (1) or more animals which are exposed to public view for entertainment, instruction or advertisement, excluding fairs, livestock shows, rodeos, purebred dog and pedigree cat shows, obedience trials and competitions, field trials, and any other fair or exhibition intended to advance agricultural arts and sciences. "Animal menagerie" means a place where wild and/or exotic animals are kept or maintained for any commercial purposes.
"Animal Rescue Operation" shall mean a person or group dedicated to the rescue of homeless dogs and or cats and who, while seeking homes for the dogs and cats, keep the homeless dogs and cats in their homes subject to their having first obtained an "Animal Rescue Private Kennel Permit." "Animal shelter" means any facility operated by the City or its authorized agents for the purpose of impounding or caring for animals held under the authority of this chapter or state law. "Approved rabies vaccine" means a vaccine which is approved for use in the animal concerned by the California Department of Health.
"Approved research institution" means a college, hospital, university or research laboratory conducting research under humane conditions, if the General Manager so finds and certifies in writing.
"At large" - A dog or cat shall be deemed to be "at large" when off the property of the owner and not under restraint.
"Auctions" means any place or facility where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this chapter. This term does not apply to individual sales of animals by owners.
"Authority” means the Coastal Animal Services Authority, a joint powers authority created to facilitate the animal control, welfare, and licensing requirements of the cities served. "Barking dog" means a dog that barks, bays, cries, howls or makes any vocal noise for an extended period of time to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property. Such extended period of time shall consist of continuous barking for thirty (30) minutes or more, or intermittent barking for sixty (60) minutes or more. A dog shall not be deemed a "barking dog" if it is barking in response to a person trespassing or takes action which a reasonable person would interpret to constitute an attempted trespass upon private property, or when the dog is being teased or provoked. "Birth control measures" means the surgical alteration of female and male cats and dogs, popularly referred to as spaying and neutering; the utilization of approved mechanical birth control devices, such as intrauterine devices; or chemical birth control agents as approved by the Southern California Veterinary Medical Association.
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"Board of Directors" means the policy-making body for the Authority consisting of elected officials from each jurisdiction served by the Authority and support staff. "Care and Evaluation Committee" means an advisory committee to the General Manager or the Authority, whose purpose is to make recommendations to improve the quality of life and future wellbeing of animals.
"Cat" means and includes domesticated members of the species Felis catus. This definition excludes other members of the family Felidae.
"Charitable auction" means any and all auctions carried out by a charitable organization for the purpose of fundraising.
"Charitable organization" means a nonprofit organization which qualifies under Section 501(c)(3) of the Internal Revenue Code as a charitable organization. "Circus" means a commercial variety show featuring animal acts for public entertainment. “City" means the City of San Clemente and any of its designees. "Commercial" means operated or carried on primarily for financial gain. "Commercial animal establishment" means any pet shop, commercial animal rescue shop, grooming parlor, animal auction, animal dealer who operates for profit, riding school or stable, zoological park, circus, performing animal exhibition, commercial kennel/cattery, or animal shelter. "Commercial animal rescue shop" means a commercial establishment that offers dogs and/or cats for a nonprofit adoption fee, and such dogs and/or cats are made available to the establishment by nonprofit humane societies, animal shelters, bona fide animal rescue organizations, or the San Clemente-Dana Point Animal Shelter.
"Commercial breeder" means an owner/lessor/breeder of dogs and cats who is licensed to breed animals for resale—individually or in litter lots—whether any of these animals are also kept for personal use.
"Commercial exhibitor" means any person exhibiting any animals to the public for compensation, such term including carnivals, circuses and animal acts exhibiting such animals whether operated for profit or not.
"Commercial kennel/cattery" means any for-profit establishment or operation where animals of any species are kept for the purpose of breeding, grooming, boarding, or exhibiting such animals; or selling animals of any species (excluding dogs and cats); or engaged in the training of dogs. "Dealer" means any person who, for compensation or profit, buys for resale any animals, whether alive or dead, for research, experimentation, testing or exhibition (except as an exhibitor as herein described), or for use as pets.
"Dog" means and includes domesticated members of the species Canis familiaris. This definition excludes other members of the family Canidae. “Domestic animal” means any animal which has historically and commonly been tamed for use or companionship by humans.
“Enclosure” or "enclosed space" shall mean fence or structure designed to prevent the animal from escaping. When used for a “potentially dangerous dog,” “dangerous dog,” or “vicious dog” as defined in this section, the enclosure must further prevent the entry of young children in addition to any other measures to ensure the dog is not a threat to public health, safety and welfare. 299
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"Euthanasia" means the humane death of an animal brought about by an authorized person and method approved by the Authority and the local veterinary doctors. “Fowl” means a bird that is raised for its eggs or meat. "General Manager" means the individual serving as the director of the Authority, or designee.

The General Manager has inherent discretion on all matters under this Title, unless otherwise stated. "Grooming Parlor" means any place where animals are groomed, clipped, bathed, or otherwise conditioned as pets and/or for show in exchange for a fee, except when such service is offered and provided by a commercial kennel or licensed veterinary hospital. "Guard dog” or “sentry dog" means any dog utilized, on a commercial basis, to guard any property within the cities served by the Authority, including guarding against fire or theft or both. "Guide dog" means a dog certified by a licensed guide (Seeing Eye) dog agency and actually being used by a blind person.
"Horse stable" means any location where three or more horses are maintained for any purpose.
"Humane manner" means the care of an animal to include, but not be limited to, adequate heat, ventilation and sanitary shelter, wholesome food and water, consistent with the normal requirements and feeding habits of the animal's size, species and breed. "Humane society" means any nonprofit organization existing for the purpose of prevention of cruelty to animals, incorporated under the laws of any U.S. state. "Impounded" means having been received into the custody of any animal shelter, or into the custody of the General Manager or authorized agent or deputy. "Infectious disease" means any infectious, contagious or communicable disease sufficiently dangerous to the public health or to the health of animals within the cities served by the Authority to warrant putting into effect the provisions of this Title and any rules or regulations adopted pursuant thereto.
"Kennel" means any premises wherein any person engages in the business of boarding, breeding, letting for hire, or training for a fee, animals of any species; or buying and/or selling animals of any species (excluding dogs and cats).
"Kitten" means any Felis catus under four months of age. "License" means a fee collected by the Authority program for: (a) commercial establishments keeping animals; (b) commercial establishments providing services related to animals; (c) commercial establishments selling domestic or nondomestic animals (excluding dogs and cats); and (d) individual household pets.
"Licensing authority" means the General Manager of the Authority or any designated representative thereof charged with administering the issuance and/or revocation of permits and licenses under the provisions of this Chapter.
"Livestock" means any domesticated animals including cattle, horses, ponies, stallions, colts, geldings, mares, sheep, rams, lambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jennets, burros, goats, kids, swine, confined and domesticated hares and rabbits, poultry, and equines which are kept in captivity or under the control or ownership of any person for any purpose. "Neutered" means rendered permanently incapable of reproduction. To be acceptable, the neutering must be performed by a licensed veterinarian. 300
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"Operator" means the legal owner or person in actual control of any activity involving animals. "Owner" means the actual custodian of an animal, whether or not that person is the legal owner, the caretaker, or merely the possessor of an animal. Legal ownership is established by a person being registered as the owner on a license or other legal document. "Performing animal exhibition" means any spectacle, display, act or event other than circuses, in which performing animals are used.
"Permit" means an authorization from the Authority or any city served by the Authority, stipulating conditions under which non-domesticated animals may be kept in commercial and private establishments.
"Person" means any individual or business, partnership, firm, joint stock company, corporation, association, society, trust, estate, government agency, other legal entity, and every officer, agent or employee thereof who own, harbor, or keep animals within the City. "Pest breeding hazard" means the accumulation, existence or maintenance of any substance, matter, material or condition resulting in the breeding of flies, cockroaches, rats or other insects or rodents in an amount or manner such as to endanger public health or safety, or to create unreasonable interference with the comfortable enjoyment of life and use of property by others. "Pet" means any animal kept for pleasure rather than utility. "Pet shop" means any person, partnership or corporation, whether operated separately or in connection with another business enterprise, that buys for resale and/or sells at retail, any species of animal (excluding dogs and cats) bred by others, whether as owner, agent, or on consignment, and that sells or offers to sell to the general public at retail. “Potentially dangerous dog” has the same meaning as that term is used in California Food & Agriculture Code section 31602 as may be amended from time to time. "Poultry" means all domesticated fowl and all game bird which are held in captivity. "Primary enclosure" means the default or main enclosure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage, compartment or hutch.
"Private animal owner" means a person having bred, adopted or purchased a dog, cat or other animal permitted by this Title, for his or her personal use and enjoyment, and who keeps or maintains said animal within the City for a period of more than seven days. "Private animal refuge" means owners and harbourers of unwanted animals of any species, including cross-breeds, who provide food, shelter, confinement, licensing and spaying/neutering for a group of animals.
"Private breeder" means a dog or cat owner/fancier who breeds an occasional litter of purebred animals for his or her personal use and enjoyment, from animals personally owned or leased for the breeding, who neither sells the resultant offspring for resale to commercial outlets, nor for purposes of research, testing or laboratory experimentation. "Private exhibitor" means any organization sponsoring and all persons participating in fairs, livestock shows, rodeos, purebred dog and cat shows, obedience trials, field trials, and any other fairs or exhibitions intended to advance agricultural arts and sciences. "Private kennel/cattery" means the home and premises of a person who owns four (4) or more dogs and/or cats that are four months of age or older for the pleasure and enjoyment of the owner. 301
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"Provoke" means to perform an intentional act or omission that a reasonable person would conclude is likely to cause a bite, injury, or attack by an ordinary dog or any other animal not known for aggressive behavior.
"Public nuisance" has the same definition as section 8.52.010 of this Code, and includes, but is not limited to, any animal or animals that:
(a) molests passersby or passing vehicles;
(b) attacks other animals; change to any violation is a public nuisance; (c) trespasses on school grounds; add to animals at large; (d) is repeatedly at large;
(e) damages private or public property;
(f) barks, whines, howls or makes any noise in an excessive, continuous or untimely fashion;
(g) damages, soils, defiles or defecates on private property other than the owners, or on public walkways and recreation areas, unless such waste is immediately removed and properly disposed of by the owner;
(h) causes unsanitary, dangerous or offensive conditions; (i) causes a disturbance by excessive barking or other noise making; (j) molests, attacks or interferes with persons or other domestic animals; or (h) unrestrained and at large.
“Public Nuisance Animal Owner” is the owner or custodian of an animal that has caused a public nuisance as defined above.
"Puppy" means any Canis familiaris under four months of age. "Quarantine" means the strict confinement of an animal upon the premises of the owner or elsewhere as approved by the General Manager.
"Registration" means the method of identifying animals through an identification number at an animal shelter. It shall not be the same as a license.
"Restraint" means an animal that is contained within the real property limits of its owner or secured by a leash or lead or under the control of a responsible person. "Riding school" or "stable" means any place which has available for hire, boarding and/or riding instruction, any horse, pony, donkey, mule or burro.
"Run" means the floor or surface and cage, exclusive of the sleeping box, used to continually contain or maintain dogs or cats.
"Severe injury" means any physical harm to a human being that results in a serious illness or injury, including a substantial impairment of the physical condition of a person that requires professional medical treatment, including, but not limited to, loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; muscle tears, disfiguring lacerations, or a wound requiring multiple sutures; or any injury requiring corrective or cosmetic surgery.
“Spayed” means rendered permanently incapable of reproduction. To be acceptable, the spaying must be performed by a licensed veterinarian.
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“Specialty animal” means any non-canine or non-feline domesticated animal kept as a pet or intended to be kept as a pet.
“Stockyard” means any stockyard, corral or premises wherein public trading in livestock is carried on, or where yarding, feeding and watering facilities are provided and where Federal, State or local inspections are performed of livestock for infectious diseases. “Tattoo” means any permanent marking identifying the animal, including, but not limited to, microchips.
“Unaltered” means an animal which has not been spayed or neutered. “Veterinarian” means a veterinarian with a valid license to practice veterinary medicine, dentistry and surgery, issued by the Board of Examination Veterinarian Medicine of the State of California.
“Veterinary medical facility” means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals. “Vicious dog” has the same meaning as that term is used in California Food & Agriculture Code § 31603 as may be amended from time to time.
“Vivisection” means the cutting of or operation on a living animal, usually for physiological or pathological investigations.
"Wild/exotic animals" means animals which are kept for exhibition purposes or as private pets including, but not limited to, monkeys, raccoons, skunks, fox, snakes, leopards, panthers, tigers, lions, birds or any other animal which can normally be found in the wild state. "Zoo" means a collection of living animals for public display. "Zoological Park" means any facility, other than a pet shop or kennel, displaying or exhibiting one (1) or more species of non-domesticated animals operated by a person, partnership, corporation or government agency.

6.04.020 Responsibility for Administration.

A. The Authority is charged with administration of the provisions of this Title on behalf of the City, as a joint powers authority under the direction of a Board of Directors comprised of one member of the City of San Clemente City Council and one member of the City of Dana Point City Council.

B. The General Manager is charged with management of the Authority and carrying out administration of the provisions of this Title.

6.04.030 Rules and Regulations.

The General Manager, with approval of the Board of Directors, may promulgate any necessary rules, regulations and policies for the administration of the Authority and the provisions of this Title.

6.04.040. Enforcement.

The General Manager and duly authorized agents of the Authority, or any individual deemed a sworn peace officer pursuant to California Penal Code section 830.1, et seq., are empowered, to enforce the provisions of this Title and any statute relating to animal control, unless otherwise provided by law, including, but not limited to the following enforcement actions:
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A. Any person authorized to enforce this Title may arrest any person without a warrant upon probable cause to believe that the person to be arrested has committed in their presence a misdemeanor violation of any statute or ordinance relating to animal control.

B. Any person authorized to enforce this Title may issue administrative citations to any person violating the provisions of this Title.

C. Any person authorized to enforce this Title may impound any animal as provided in this Title.

6.04.050 Interference.

No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this Title while such person is engaged in the performance of his or her duties.

Anyone who violates this section is guilty of a misdemeanor.

6.04.070 Violations.

A. Infraction. Any person who violates any provision of this Chapter is guilty of an infraction, except as otherwise provided in this Title. Each infraction is punishable by administrative citation and associated fines as provided for in Section 1.16.010 of this Code.

B. Misdemeanor. Any person who violates any provision of Chapter 6.20 is guilty of a misdemeanor. Moreover, any person who violates any other provision of this Title and the violation occurs within one year of the occurrence of two other separate violations of this Title by that person is guilty of a misdemeanor. Each misdemeanor is punishable as provided for in Section 1.16.010 of this Code.

C. Separate Offense. Each day in which a violation of this Title exists shall constitute a separate offense.

6.04.080 Inspections.

The General Manager or authorized agent is empowered to inspect any building or other property for the purpose of enforcing the provisions of this Title or any statute relating to animal control, consistent with Section 6.20.040 of this Code, or as otherwise permitted by law.

6.04.090 Complaints.

Upon receiving a complaint from any person alleging a violation of this Chapter and upon receiving the name and address of the owner and/or custodian of the animal, if known, an investigation to determine whether a violation exists may be made. If the investigation discloses a violation of the provisions of this Title, prosecution may be initiated against the owner and/or custodian.

6.04.100 Administrative Hearings and Procedure, and Enforcement Authority.

A. The provisions of Chapters 1.20 and 1.22 of this code are fully incorporated into this Title, except where otherwise provided. All references to “City Manager” and “Director of Finance” in Chapters 1.20 and 1.22 are replaced here with “General Manager.” All references in Chapters 1.20 and 1.22 to the “City” as an entity are replaced here with the “Authority.”
B. The General Manager shall designate a hearing officer for any administrative citation hearing. The hearing officer shall not be a City employee with supervisory powers over anyone in the City Department that issued the citation. The employment, performance evaluation, compensation and benefits of the hearing officer, if any, shall not be directly or 304
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CITY OF SAN CLEMENTE 9
indirectly conditioned upon the amount of administrative citation fines upheld by the hearing officer.

C. No hearing to contest an administrative action or citation before a hearing officer shall be held unless and until a request for hearing form has been timely submitted and the fine amount has been deposited, unless waived in accordance with Section 1.22.030.

D. Formal rules of the California Evidence Code and discovery shall not apply, except that the hearing officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the responsible party has caused or maintained the violation(s) on the date(s) specified in the administrative citation.

E. The person contesting the administrative action or citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation.

F. Unless requested in advance by the person contesting the administrative action or citation, neither the enforcement officer nor any other representative of the City shall be required to attend hearing, provided that any such appearance may be made at the discretion of the enforcement officer or General Manager.

G. The failure of any recipient of an administrative citation to appear at the administrative action or citation hearing shall constitute a forfeiture of the fine and a failure to exhaust the administrative remedies, and the order of the citation shall be a final determination.

H. The administrative action or citation and any additional documents submitted by the enforcement officer to the hearing officer shall constitute prima facie evidence of the violation and the respective facts contained in those documents.

I. If the enforcement officer submits an additional written report concerning the administrative action or citation to the hearing officer for consideration at the hearing, then a copy of this report also shall be served by certified mail on the person requesting the hearing at least ten calendar days prior to the date of the hearing.

J. Any document or evidence which either party intends on presenting at the hearing shall be exchanged at least ten (10) calendar days prior to the date of the hearing. The hearing officer shall have discretion not to consider any evidence that was not exchanged pursuant to this provision.

K. At least ten (10) calendar days prior to the hearing, the owner of the animal or recipient of an administrative citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the enforcement officer. Evidence obtained within ten (10) days of the hearing shall be immediately provided to the recipient of an administrative citation.

L. The hearing officer may, in his or her sole discretion, continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.

6.04.110 Administrative Hearing Decision.

A. After considering all of the testimony and evidence, the hearing officer shall issue a written decision within ten (10) days after the hearing to uphold or deny the administrative citation and shall list the reasons for that decision. The decision of the hearing officer is final.

B. If the hearing officer determines that the administrative citation should be upheld, then the fine amount on deposit with the City shall be retained by the City. If the citation is upheld, 305
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the responsible party shall be further liable for any balance of fines owed from the date of issuance of the citation to the date that the abatement is verified, or as otherwise determined by the hearing officer.

C. If the hearing officer determines that the administrative citation should be canceled, the City shall refund the amount of the deposited fine.

D. The recipient of the administrative citation shall be served with a copy of the hearing officer's written decision in the manner prescribed in this Title.

6.04.120 Right to Judicial Review.

If an administrative order is rendered in favor of the City, the offender may seek judicial review of the administrative order by doing one of the following:

A. Appeal the administrative order pursuant to Government Code Section 53069.4 within twenty (20) calendar days after service of the administrative order. Such an appeal shall be made by filing a notice of appeal with the Clerk of the Civil Division of the Orange County Superior Court, Central Justice Center located at 700 Civic Center Drive West, Santa Ana, CA, 92701, along with applicable filing fees and a copy of the administrative order. The appealing party shall also serve a copy of the notice of appeal on the Authority at that time by delivering the same in person or mailing the same by first class mail, postage pre-paid, return receipt requested to: Coastal Animal Services Authority, 221 Avenida Fabricante, San Clemente, CA 92672. If no appeal notice is filed within the twenty (20) calendar day period, the decision shall be deemed final; or
B. File a petition for a writ of mandate pursuant to Code of Civil Procedure Section 1094.5 within ninety (90) calendar days after service of the administrative order.

6.04.130 Payment of Fees and Fines.

Payment of any fees or fines referenced in this Title shall be remitted to the Authority directly.

6.04.140 Collection of Unpaid fines.

A. The Authority, at its discretion, may pursue any and all legal and equitable remedies for the collection of unpaid fines and late penalties. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines and late penalties owed by a responsible person under this chapter have been collected.

B. Failure to timely remit payment of any administrative fine and/or late penalty authorized under this Chapter is subject to any collection methods permitted by law.

Chapter 6.08 DISEASE CONTROL

6.08.010 Vaccination Required.

Every person owning or harboring a dog, four (4) months of age or older, for fifteen (15) or more days shall have such dog vaccinated against rabies by a licensed veterinarian, and revaccinated thereafter at regular intervals not greater than three (3) years.

6.08.020 Certificate.

Each duly licensed veterinarian, after vaccinating any dog, shall sign a certificate of vaccination containing all information required by the County Health Officer. The veterinarian shall present the certificate to the owner of the vaccinated dog, which the owner shall retain in his or her 306
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possession. The veterinarian shall also deliver a list of vaccinated dogs to the Authority on a monthly basis. He or she shall retain a record of all animals that have been vaccinated.

6.08.030 Deferment of Vaccination.

The Orange County Rabies Control Department has the authority to waive the rabies vaccination requirement for any dog for which a licensed veterinarian has certified that the rabies vaccine may endanger the dog's health because of its age, infirmity, debility or other physiological considerations and providing said dog is permanently kept in the house or in a fenced yard adequate to confine the animal at all times. The deferment shall be valid only during the period that the vaccination would endanger the dog's health as said period is shown by the certificate of the licensed veterinarian.

6.08.040 Display of Certificate.

No person who owns or harbors any dog shall fail or refuse to exhibit his or her copy of the rabies certificate or anti-rabies inoculation deferment form upon demand of any person charged with the enforcement of this Chapter.

6.08.050 Reporting Suspected Rabies.

Any person having knowledge of the whereabouts of an animal known to have or suspected of having rabies shall report the facts immediately to the County Health Officer or the General Manager or authorized agent of the Authority. In those areas declared by the Director of the State Department of Public Health to be regarded as rabies areas (Section 1901.2, California Health and Safety Code), the General Manager or their agent shall be notified when any person is bitten by an animal of a species subject to rabies, whether or not the animal is suspected of having rabies. The County Health Officer shall be notified by the General Manager or their agent of any animal bite reported.

6.08.060 Quarantine of Animals.

Upon receipt of a report that a person has been bitten or is otherwise exposed by an animal to rabies, the General Manager or authorized agent, at his or her discretion, shall have such animal isolated in strict confinement under proper care and observation of a licensed veterinarian in a veterinary hospital or other adequate facility as determined by the General Manager. The animal shall be observed for at least ten (10) days (dogs and cats shall be observed for ten (10) days) after the date of the bite, with the following exception: Dogs and cats may be released after five (5) days of veterinary observation if the observing veterinarian certifies that there are no clinical signs or symptoms of disease.

6.08.070 Entering Private Property.

Except where prohibited by law, the General Manager or authorized agent is empowered to enter upon any private property, including the home or residence where the animal is kept or has strayed, to inspect, and if necessary, to seize and impound any animal suspected of being rabid. The impounding officer shall make reasonable effort to immediately notify the owner or custodian of the animal before it has been impounded and the address of the facility to which it shall be taken. If the owner or custodian is not present at the time of impounding, the above notice shall be posted on the property of such owner or custodian, if known. In lieu of impounding the animal, the officer may, by serving a written notice upon the owner, require the owner to quarantine the animal for such period.

6.08.080 Compliance with Quarantine Order.

No person shall disobey any quarantine order issued by the General Manager or remove from its place of confinement any animal under quarantine without the permission of the General Manager. 307
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6.08.090 Animal Contacts with Known or Suspected Rabid Animals.

Any animal of a species subject to rabies which has been bitten by a known or suspected rabid animal or has been exposed by contact with a rabid or suspected animal shall be quarantined in a place and manner approved by the General Manager for a period of six months, or destroyed, with the exception that the following alternative is permitted in the case of dogs and cats: If the dog or cat has been vaccinated against rabies: (a) Within two (2) years, but not less than thirty (30) days with a canine live-virus rabies vaccine; or (b) Within one (1) year but not less than thirty (30) days with canine killed-virus rabies vaccine, the dog or cat may be revaccinated in a manner prescribed California Code of Regulations 2606.(c) and quarantined in a place and manner approved by the General Manager for a period of thirty (30) days.

6.08.100 Removal of Animals from Quarantine.

No owner or person, either by himself or through his or her agent, shall, without the consent of the General Manager or an authorized agent of the Authority, remove from any place of isolation or quarantine any animal which has been isolated or quarantined.

6.08.110 Destruction of Rabid Animals.

If upon examination, the General Manager or an authorized agent of the Authority determines that any animal is afflicted with rabies, he or she may cause such animal to be euthanized in a humane manner; provided, however, when any animal shall be known to have bitten, scratched or otherwise exposed a person or animal to rabies, such animal shall be quarantined for such time as may be prescribed by law.

6.08.120 Laboratory Examination for Rabies.

The General Manager or authorized agent may authorize, with permission of the owner and following other legal restrictions, the euthanasia of a biting animal for the purpose of laboratory examination for rabies in an approved laboratory. Costs of quarantining an animal shall be the responsibility of the owner. If any rabid animal, clinically suspected rabid animal, or biting animal dies or has been killed, adequate specimens shall be obtained and examined in an approved public health laboratory. No person shall destroy or allow to be destroyed the brain of an animal of a species subject to rabies that has bitten or otherwise exposed a person before the destruction of such brain has been authorized by the County Health Department.

Chapter 6.10 ANIMAL LICENSES

6.10.010 License Required.

Every person who resides with the jurisdiction of the City who owns or has custody of any dog four months of age or older shall ensure said dog is licensed with the Authority pursuant to this chapter. Guard (sentry) dogs are not excepted. Each such guard (sentry) dog must be individually licensed and each dog shall be wearing its license securely fastened to a collar or harness whether or not the dog is kenneled within the cities served by the Authority.

6.10.020 Application Submission—Timing.

Application for licensing must be made within thirty (30) days after taking possession of a dog that is four (4) months of age or older, or within thirty (30) days of establishing residence within the cities served by the Authority.

6.10.030 Proof of Rabies Vaccination.
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No dog shall be licensed without proof of approved rabies vaccination. Rabies vaccination certificates must be signed by licensed veterinarian and be valid for the entire registration period.

6.10.040 License Period.

Licenses shall be issued for a period of one (1), two (2) or three (3) years. The license period shall not extend beyond the remaining period of validity for the current rabies vaccination and, if a dog is exempted from the vaccination requirement, the license period shall not extend beyond one (1) year.

6.10.050 Dog License Fee.

A fee not to exceed the cost of Authority services relating to dogs, shall be paid to the Authority for each license required by this Title as provided by resolution of the city councils served by the Authority.

6.10.060 Fee Exemption.

No license fee shall be required for the following:

A. Guide dogs for the blind;
B. Dogs honorably discharged from the Armed Forces of the United States; C. Dogs in the care, custody and control of nonresidents who are traveling through, or temporarily staying in the City for a period not exceeding thirty (30) days, or dogs temporarily brought into the City for the purpose of being entered in a dog show or exhibition, provided such dogs are so entered and not kept elsewhere; D. Dogs used in crime detection or apprehension by police officers; E. Dogs housed in duly licensed animal shelter or commercial animal rescue shop prior to adoption; or
F. Dogs maintained in an approved research institution or kennel, provided said dog is owned by the owner or operator of said research institution or kennel

6.10.070 License Application.

The owner shall state at the time application is made, and upon standard printed forms of application provided for such purpose, his or her name, address, telephone number, and the name, breed, color, age and sex of each animal for which application is made.

6.10.080 Issuance.

Upon collection of the license fee, a dated receipt shall be issued stating the name, address and telephone number of the owner, tag number, description of the animal, and the expiration date of the rabies vaccination, together with a license tag stamped with a serial number and name of the Authority.

6.10.090 Display of License.

Each dog required to be licensed shall wear at all times the current license tag assigned to that dog, except when the dog is: (a) physically confined within the premises of the owner or other person authorized to have custody; (b) confined in a vehicle or cage; (c) participating in any dog exhibition, field trial or competition; or (d) confined in a licensed kennel or veterinary hospital, in which case the license tag number shall be recorded and placed nearby so that it is readily identifiable with the dog to which it belongs; or if not licensed, that fact shall be clearly indicated on the facility's records. 309
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Nothing herein contained, however, shall be construed to relieve the necessity of having a current tag for each dog.

6.10.100 Unauthorized Removal.

A license tag shall not be removed from any dog without the consent of the owner thereof.

6.10.110 Lost License Tag.

In case any license tag is lost or destroyed, replacement may be obtained upon showing such proof as may be required and upon payment of the replacement fee.

6.10.120 Dog License Renewal.

Licenses not purchased or renewed within thirty (30) days after expiration, or the date on which they become due, shall be considered delinquent and a late fee as determined by the Authority shall be added to the cost of the new license. An additional fee may be added by the General Manager should the license be delinquent by over one hundred and eighty (180) days. The General Manager or authorized agent may waive the above late fee if he or she determines the applicant made a reasonable effort to comply with the above deadline.

6.10.130 Cat Licensing.

Cats over four months of age may, but are not required to, be licensed with the Authority in the same manner in which dogs are licensed. Cats must have current rabies vaccination valid for the entire one (l) year registration period. The obtaining of such a license shall be optional on the part of the owner.

6.10.140 Displaying Proof of Vaccination.

Every person shall, upon demand by any person charged with enforcing the provisions of this chapter, exhibit any current rabies vaccination certificate or dog or cat license tag issued to said person pursuant to the provisions of this chapter.

6.10.150 Nontransferable License.

Animal licenses are not transferrable or refundable.

6.10.160 False or Stolen Documents or Tags.

No person shall make use of or have in his or her possession a stolen, counterfeit or forged dog or cat license receipt, dog or cat license tag, rabies vaccination certificate, anti-rabies inoculationdeferment form, or other form issued in accordance with this Title.

6.10.170 Counterfeit Tag.

It is unlawful for any person to attach any current license tag to any dog or cat, which tag was not issued for said dog or cat, or to counterfeit or imitate a dog tag, or to attach a counterfeit or imitation tag to any dog or cat; and it is unlawful for any person to make any false statement as to any fact required in connection with the securing and issuance of a dog or cat tag.

6.10.180 Posting of Licensing Requirement.

The most current poster provided by the Authority communicating the requirement of dogs to be licensed pursuant to Section 6.10.010 shall be posted in a prominent and conspicuous location for view by customers in any fixed commercial establishment where goods or services are specifically provided to dogs, including, but not limited to, veterinary offices, veterinary hospitals, day or overnight boarding, dog wash, dog grooming, dog training, and pet stores. 310
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Chapter 6.12 DOGS AND CATS

6.12.010 Restraint of Dogs.

No person owning or having charge, care, custody or control of any dog shall cause or permit, either shall fully or through failure to exercise due care or control, any such dog to be upon any:

A. Private property unless such dog be restrained thereon by a fence, wall, substantial chain or leash not exceeding six (6) feet in length, other appropriate physical restraint, or is under the charge of a person competent to exercise care, custody and control over such dog; or B. Highway, street, alley or other public property unless such dog be restrained by a substantial chain or leash not exceeding six (6) feet in length, and is under the charge of a person competent to exercise care, custody, and control over such dog, unless the owner or operator of such public property grants written permission for such dog to be on such property without such chain or leash.

6.12.020 Dogs on Public Property.

A. Dogs Within or Upon Public Beaches, Parks, Municipal Pier, Municipal Golf Course, etc., are prohibited. Except as provided below, no owner or person in charge or in control of any dog shall permit or allow such dog to be within or upon the public beaches, public access ways to the beach, parks, municipal pier, or municipal golf course, and such dogs are prohibited from being within or upon such aforementioned public places.

1. City Parks Where Dogs are Permitted On-Leash: A dog who is on a leash and under the control of the dog's owner or the owner's agent is permitted within specified parks that the City Council may, from time to time, designate by duly passed resolution or ordinance.

2. City Parks Where Dogs are Permitted Off-Leash: The City Council may, from time to time, designate by duly passed resolution or ordinance, one or more off-leash dog parks where dogs may be permitted without a leash, provided the owners or owners' agents comply with all animal related rules and regulations, including posted rules and regulations specifically provided for the use of said off-leash dog park(s).

3. Effective Date Designated Parks Are Available to Dogs; Regulations: A park designated by the City Council as being available to dogs shall be deemed to be available for use by dogs at such time as the Director of Beaches, Parks and Recreation erects signs in the park noting that the park has been so designated. Any dog using a public park in accordance with this section shall have a collar attached to it that contains a current dog license.

4. Removal of Park from List of Designated Dog Parks: Notwithstanding any of the above, the City Council may, from time to time, by duly passed resolution, remove any park from its list of parks designated for use by dogs if it determines that such removal is in the best interests of the City.

5. Dogs on Leashes Allowed on Beach Trail: A dog who is on a leash and under the control of the dog's owner or the owner's agent is permitted on all portions of the Beach Trail and all beach access ways providing access to the Beach Trail, including those portions of the Beach Trail and beach access ways that overlay the beach service road, at all times of the year, except on the Fourth of July and during the time that major Citysponsored special events (e.g., the Ocean Festival) are occurring on the beach and the 311
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Director of Beaches, Parks, and Recreation has posted the Beach Trail to prohibit dogs, at which times dogs shall be prohibited in such areas.

B. Dogs on Leashes Allowed on Municipal Trails. Dogs on leashes and under the control of the dog's owner or owner's agent are permitted on municipal trails. For the purposes of this section, the term "municipal trails" shall mean those trails identified in the City of San Clemente General Plan.

C. Dogs Prohibited. Dogs shall be prohibited on Avenida Del Mar from its intersection with El Camino Real to its intersection with Avenida Seville during the San Clemente Fiesta celebration.

D. No owner or person in charge or in control of any dog, except a blind person with his or her guide dog, shall permit or allow such dog to be within or upon public school property, public beaches, public access ways to the beach, parks, municipal pier or municipal golf course, except where authorized by this Code. This section does not prohibit the use of dogs on school property for teaching or other school uses when approved by the school officials.

6.12.030 Confinement of Animals in Estrus.

Dog and cat owners shall securely confine their female dogs and cats while in heat (estrus) within an enclosure in a manner that shall prevent access by male dogs or male cats, or the attraction of male dogs or male cats to the immediate vicinity. Any person found in violation of this chapter is guilty of a misdemeanor.

6.12.040 Running on Owner's Premises.

Except for un-spayed female dogs during the breeding period, the provisions of this chapter do not prohibit dogs from running at large on the premises of the owner or person having charge of such dog.

6.12.050 Working Dogs.

A working dog, performing acts such as herding under the control and supervision of owner or handler shall not be considered as unleashed while performing his or her duties. A hunting, obedience, tracking or show dog shall not be considered unleashed while performing in the above capacities in areas designated for such activities.

6.12.060 Public Protection from Dogs.

Dog owners and custodians of dogs shall, at all times, take all reasonable precautions to prevent their dogs from biting, attacking or attempting to bite any person or from interfering with the use of public or private property. Any person owning or having custody or control of a vicious dog commits a violation of this Code if, as a result of that person's failure to exercise ordinary care, the dog bites, attacks, wounds or otherwise injures or kills a human being and the owner or custodian knew or should have known of the vicious or dangerous nature of the dog. It is unlawful for any person to fail to comply with this Section. However, nothing in this Section shall authorize the bringing of a criminal action pursuant to a violation of this Section if the bite, attack, attempted bite, injury or threat was sustained by person who, at the time, was committing a willful trespass upon the premises occupied by the owner or custodian or the dog, or was committing or attempting to commit a crime upon the premises occupied by the owner or custodian of the dog, or was teasing, tormenting, abusing or assaulting the dog or who has, in the past, teased, tormented, abused or assaulted the dog.

6.12.070 Beware of Dog Notice.
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Whenever the General Manager or authorized agent receives a report of a dog with a disposition of propensity to attack or bite any person or animal without provocation, he or she may require a sign to be placed by the owner stating the following: "Beware of Dog." Chapter 6.20 POTENTIALLY DANGEROUS AND VICIOUS DOGS

6.20.010 Purpose of this Chapter.

Within the City of San Clemente there are potentially dangerous and vicious dogs that are a threat to the health, safety and welfare of the citizens of the City. The provisions of this Chapter set forth the procedures by which the Authority can find a dog to be a potentially dangerous dog or a vicious dog and the consequences of such a finding. This Chapter is intended to supplement rather than supplant any other remedy available under County or City ordinance, or State law.

6.20.020 Determination of Potentially Dangerous or Vicious Dog.

A. A dog is “potentially dangerous” if it is found to have engaged in any of the following, per California Food and Agriculture Code section 31602:

1. A dog that on two separate occasions within the prior thirty-six (36) month period, engages in any unprovoked behavior that requires a defensive action by a person to prevent bodily injury to a person, domestic animal, or livestock, off the property of the owner or custodian of the dog;

2. A dog that, when unprovoked, bites a person or otherwise engages in behavior causing a less serious injury than as defined as a “severe injury” in this Title; or

3. A dog that, when unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury to a domestic animal or livestock of the property of the owner or custodian of the dog.

B. A dog is a "vicious dog" if it is found to have engaged in any of the following, per California Food and Agriculture Code section 31603:

1. A dog that, when unprovoked, inflicts severe injury on or kills a person;

2. A dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in Section 31602 or is maintained in violation of Section 31641, 31642, or 31643 of the California Food and Agriculture Code;

3. A dog previously designated as and currently listed as a potentially dangerous, dangerous or vicious dog in any jurisdiction, which, after its owner or custodian has been notified of that designation, continues any behavior described in Section 6.20.020 or is maintained in violation of Section 6.20.130, a stipulation, an administrative decision, a court order, or restrictions placed upon it by any jurisdiction.

6.20.030 Right of Entry for Inspection.

A. An Animal Control Officer or a law enforcement officer may enter a building or property to inspect the premises only if:

1. The owner or occupant of the building or property consents to the entry and inspection after the Animal Control Officer or law enforcement officer presents his or her credentials and explains the reasons for the entry and inspection; or 313
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2. The Animal Control Officer or law enforcement officer obtains a warrant for the entry and inspection of the building or property under Sections 1822.50 to 1822.57 of the Code of Civil Procedure; or

3. The Animal Control Officer or law enforcement officer has reasonable cause to believe that the keeping of an animal on the property is so hazardous, unsafe, or dangerous that exigent circumstances exist to safeguard an animal or public health and safety.

Under these circumstances, the Animal Control Officer or law enforcement officer may use reasonable means to immediately enter and inspect the building or property in furtherance of safeguarding an animal or public health and safety after presenting his or her credentials to the owner or occupant and requesting entry, when practicable.

B. A person who prevents or obstructs an Animal Control Officer or a law enforcement officer engaging in the capture of an animal running at large is guilty of a misdemeanor.

6.20.040 Authority to Seize and Impound Dog.

A. An animal control officer or law enforcement officer may immediately seize and impound a dog when probable cause exists that impoundment is necessary for the preservation of animal or public health, safety or welfare.

B. A dog may be impounded under subsection A without a prior hearing. When not contrary to public safety, the General Manager may allow the dog to be released to the owner or custodian, or to be confined, at the owner’s expense, in an Authority-approved animal or veterinary facility.

C. The owner or custodian of the dog is liable for all impound fees and costs if the dog is determined to be potentially dangerous or vicious, or for any other dog impounded three or more times within a twelve (12) month period. The fees and costs must be paid before the release of the dog, but no later than ten (10) days after the dog is available to be released.

D. Any dog seized and impounded pursuant to the Chapter that is not claimed with ten (10) days by the owner or custodian being notified by the Authority of the impound shall be deemed abandoned and automatically become the property of the Authority.

6.20.050 Initial Administrative Review by General Manager of Potentially Dangerous or Vicious Dog; Request for Hearing.

A. The General Manager shall make an initial determination of whether a dog is potentially dangerous or vicious. A notice of this determination will be served on the owner or custodian of the dog within ten (10) days of any impoundment of the dog. That notice shall inform the owner or custodian of the basis for the General Manager’s determination, conditions of release and/or retention of the dog (if applicable), and how to appeal the General Manager’s determinations and conditions of release or retention.

B. General Manager, in his or her sole discretion, may impose conditions of release and/or retention on the owner or custodian of any dog determined by the General Manger to be potentially dangerous or vicious. The owner or custodian may agree to any such conditions in lieu of an appeal hearing as provided in this section.

C. The owner or custodian of the dog may appeal any notice from the General Manager issued pursuant to this section, by serving the Authority with a written request for appeal within ten (10) days of the date listed on the General Manger’s notice. Failure to timely serve a written request for appeal will be deemed a waiver of any right to an appeal hearing under this chapter.
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D. For purposes of this Chapter, service is complete upon deposit of the document(s) in the mail or when the documents are personally served.

6.20.060 Potentially Dangerous or Vicious Dog Hearing.

A. Hearing. If an owner or custodian of a dog timely appeals the General Manager’s determination that a dog is either potentially dangerous or vicious, the General Manager may, in his or her sole discretion proceed with either an administrative hearing or petition the Superior Court within the judicial district of the City for a hearing pursuant to Food and Agriculture Code section 31621, et seq., for a determination of whether the dog should be declared potentially dangerous or vicious.

B. Notice of Hearing and Petition. The General Manager must notify the owner or custodian of the dog that an administrative hearing will be held, at which time the owner or custodian may present evidence as to why the dog should not be declared potentially dangerous or vicious. The General Manager will serve the owner or custodian of the dog with notice of the hearing and a copy of the case records, either personally or by first class mail. The hearing will be held between five (5) and ten (10) working days after the service of the notice upon the owner or custodian of the dog. Time to conduct an administrative hearing may be extended by mutual agreement of both the General Manager and the owner or custodian of the dog.

C. Conduct of Administrative Hearing. The administrative hearing officer will admit all relevant evidence, including incident reports and the affidavits of witnesses. A jury will not be available. The administrative hearing officer may find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious and will make other orders or findings required or authorized by this chapter. The administrative hearing officer may decide all issues for or against the owner or custodian of the dog even if the owner or custodian fails to appear at the hearing.

D. Administrative Hearing Officer. Administrative hearings will be conducted by a neutral hearing officer appointed by the Authority. The hearing officer shall not be an employee of the Authority or of the City of San Clemente.

E. Failure to strictly comply with the provisions of this section will not invalidate any findings, determinations or orders made pursuant to an administrative hearing.

6.20.070 Notice of Decision.

Following an administrative hearing conducted pursuant to Section 6.20.070, a written notice of the decision must be served on the owner or custodian of the dog, and on the Authority if the hearing was conducted by an outside hearing officer, either personally or by first class mail within ten (10) calendar days after the hearing.

6.20.080 Consequences of Potentially Dangerous Dog Determination.

The following conditions apply to a dog determined to be potentially dangerous:

A. In addition to any other conditions, the dog must be properly licensed, microchipped, and vaccinated at the owner or custodian's expense before it is released to the dog's owner or custodian. If the dog was not impounded, the dog owner or custodian must provide proof that the dog is licensed, microchipped, and vaccinated within ten (10) days after the decision declaring the dog to be potentially dangerous is served on the dog owner or custodian.
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B. The dog, while on the owner or custodian's property, must be kept indoors or in a securely fenced yard or enclosure from which the dog cannot escape, and into which children cannot enter. The Authority must inspect and give written approval of the yard or enclosure before the dog is released to its owner or custodian. If the dog was not impounded, the Authority must inspect and give written approval of the yard or enclosure within ten (10) days after the decision declaring the dog to be potentially dangerous is served on the dog owner or custodian.

C. The dog may be off the owner or custodian's premises only if it is muzzled and restrained by a substantial leash, not exceeding six (6) feet in length, and if it is under the control of an adult capable of restraining and controlling the dog. At no time may the dog be left unattended while off the owner or custodian's premises. The owner or custodian of the dog must notify the Authority immediately if the dog is at large or has committed an attack on any person, domestic animal, or livestock.

D. The owner or custodian of a potentially dangerous dog who intends to move the dog out of the jurisdiction or transfer ownership and/or custody of the dog to any other person, shall at least ten (10) days prior to the move or transfer, inform the Authority in writing of the name, address and telephone number of the proposed new owner or custodian. The Authority may prohibit the proposed move or transfer for good cause, which includes, but is not limited to, the move would create an unreasonable risk to public safety or the new owner or custodian refuses to be bound by reasonable conditions associated with the dog as imposed by the Authority.

E. The owner or custodian of the dog must complete an obedience course for a minimum of ten hours of training with the dog, at the owner or custodian's expense within sixty (60) calendar days after release of the dog to the owner or custodian. The course must be approved by the Authority before the release of the dog to the owner or custodian. If the dog was not impounded, the dog owner or custodian must obtain approval of the course by the Authority within ten (10) days after the decision declaring the dog to be potentially dangerous is served on the dog owner or custodian.

F. The dog must be spayed or neutered at the expense of the owner or custodian before the release of the dog to its owner or custodian. If the dog was not impounded, the dog owner or custodian must provide proof that the dog has been spayed or neutered within thirty (30) calendar days after the decision declaring the dog to be potentially dangerous is served on the dog owner or custodian.

G. The owner or custodian of the dog may be required to maintain a bond or insurance covering property damage and bodily injury caused by a potentially dangerous or vicious dog in such amount as the General Manager determines is adequate to protect the public.

If required to maintain insurance, the owner or custodian must show proof of insurance within ten (10) days after the decision declaring the dog to be potentially dangerous is served on the dog owner or custodian.

H. Prior to and as a condition of the release of any dog deemed to be potentially dangerous that is impounded by the Authority, the owner or custodian of the dog shall enter into a written agreement to defend, indemnify and hold harmless the City of San Clemente, the City of Dana Point, and the Coastal Animal Services Authority from and against any claim relating to the released dog. Defense counsel must be approved by the indemnified party(s).
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I. All charges for services performed by the Authority, including, but not limited to, impound fees, and all fines must be paid before the release of the dog to its owner or custodian, or within ten (10) days after the services are provided or the charges and fines are ordered to be paid. If the owner or custodian does not take possession of the dog and pay the charges and fines within ten (10) days after the services are provided or the fines are ordered to be paid, the dog will be deemed abandoned and may be placed for adoption or disposed of in a humane manner according to law, at the absolute discretion of the Authority.

J. If the determination that a dog is potentially dangerous is made after a court hearing, the judicial officer must impose a fine on the owner or custodian of up to five hundred dollars ($500.00) for each separate basis upon which the determination was made. The court will also order the owner or custodian to pay to the Authority all reasonable costs for services provided.

K. An administrative hearing officer or judicial officer may impose any other reasonable conditions that are necessary to protect the public safety and welfare, or are in the interest of justice.

6.20.090 Consequences of Vicious Dog Determination.

A. A dog determined to be vicious pursuant to this Chapter may be euthanized by the Authority when release of the dog would create a substantial threat to public health, safety, or welfare, and no reasonable alternative is available, as determined by the Authority.

B. If it is determined that a dog found to be vicious will not be euthanized, the administrative hearing officer or judicial officer must impose on the owner or custodian, at a minimum, all required conditions of a potentially dangerous dog pursuant to Section 6.20.100, the conditions required by this Section, and any other conditions necessary to protect the public health, safety, or welfare.

C. The enclosure that is required by subsection B of Section 6.20.100 must be an enclosure that is enclosed on all sides and is locked by a padlock. It may be required to have a top and a cement floor. The enclosure must be approved by the Authority in writing before the release of the dog to the owner or custodian. If the dog was not impounded, the dog owner or custodian must obtain the written approval of the Authority within ten (10) days after the decision or court order declaring the dog to be vicious is served on the dog owner or custodian.

D. The owner or custodian of a vicious dog must give written notice of the vicious dog determination to the United States Post Office (local branch) and to all utility companies providing services to the premises where the dog is kept. The owner or custodian must provide a copy of the notices to the Authority before the release of the dog from impound. If the dog was not impounded, the dog owner or custodian must provide a copy of the required notices to the Authority within ten (10) days after the administrative hearing or court determination declaring the dog is vicious.

E. The owner or custodian of the dog must post ‘Beware of Dog’ signs on the premises, at a location(s) approved by the Authority, stating that a vicious dog resides on the premises.

The sign(s) must be posted within ten (10) days after the decision or court order declaring the dog to be vicious is served on the owner or custodian.

F. If the determination that a dog is vicious is made after a court hearing, the judicial officer must impose a fine on the owner and/or custodian of up to one thousand dollars ($1,000.00) for each separate basis upon which the determination was made. The court 317
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must also order the owner or custodian to pay to the Authority all reasonable costs for services provided.

G. The owner or custodian of a dog determined to be a vicious dog may be prohibited from owning, keeping, possessing, controlling, or having custody of any dog for a period of up to three years, if it is found at the hearing that ownership or possession of a dog by that person would create a significant threat to the public health, safety, or welfare.

H. An administrative hearing officer may impose any other reasonable conditions that are necessary to protect the public safety and welfare or are in the interest of justice.

6.20.100 Consequences of Violation of Conditions.

A. Consequences that may result from the failure of an owner or custodian of a dog released after a hearing fails to comply with any of the conditions imposed under Section 6.20.100 or Section 6.20.110 include, but are not limited to, the following:

1. The failure to comply with any condition is a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment in the County Jail for a period not to exceed six months, or by both a fine and imprisonment;

2. A violation of any part of an administrative decision or court order may be the subject of a civil action for injunctive relief to enjoin the person who violated the decision or order.

The filing and prosecution of an action for injunctive relief does not limit the authority or ability of the County to take any other action permitted by law;

3. A violation of an administrative decision or court order following a determination that a dog is potentially dangerous, may result in the initiation of proceedings to determine if the dog is vicious pursuant to this Chapter.

4. Violation of any term of release of any dog determined to be potential dangerous or vicious pursuant to this Chapter is subject to being summarily impounded by the Authority, and at the owner’s expense.

6.20.110 Removal of Designation.

A. Potentially Dangerous Dog. If there is no additional instance of any behaviors of a potentially dangerous dog as described in Section 6.20.020 within the thirty-six (36) month period from the date of designation as a potentially dangerous dog, the dog will be removed from the list of potentially dangerous dogs. The dog may, but is not required to, be removed from the list of potentially dangerous dogs before the expiration of the thirty-six (36) month period if the owner or custodian of the dog demonstrates to the General Manager’s satisfaction that changes in circumstances or measures taken by the owner or custodian is such that the dog no longer poses a threat to public safety and general welfare.

B. Vicious Dog. Notwithstanding any other provision in this Title, no dog subject to a final determination of being vicious pursuant to this Chapter shall be permitted to have such designation removed.

6.20.120 Exceptions to Designation of Potentially Dangerous or Vicious Dog.

No dog may be declared potentially dangerous or vicious if:

A. The injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or custodian of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime to which the dog was reacting; 318
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B. The dog was protecting or defending a person from an unjustified attack or assault; C. The injury was sustained by an animal that, at the time of the injury, initiated an attack against the dog;
D. The injury was sustained by an animal while the dog was working as a hunting, herding, or predator-control dog while under the control of its owner or custodian, and the injury was to a type of animal appropriate to the work of the dog.

6.20.130 Infraction/Misdemeanor Penalty.

Any violation of this Chapter may be prosecuted as a misdemeanor and in addition to any other remedies or enforcement actions by the Authority, the City, City Attorney, the City Prosecutor, the District Attorney, or any other person or entity with enforcement powers.

Chapter 6.24 ANIMALS AT LARGE, EXCESSIVE NOISE, AND OTHER NUISANCES

6.24.010 Keeping Animals or Fowl Near Residences.

It shall be unlawful for any person in a residential structure to keep or maintain any animal within one hundred (100) feet of any other residential structure occupied by a person other than the animal's owner and/or keeper unless:

1. It is expressly allowed by the Zoning Code;

2. Dogs and cats. With the exception of those persons who have a valid animal rescue permit issued by Authority, any person keeping four (4) or more dogs or cats over four (4) months in age, or any combination thereof, is first required to obtain a private kennel permit pursuant to San Clemente Municipal Code Section 6.20.010. Keeping more than six (6) animals other than dogs or cats over four (4) months in age, or any combination thereof, on any residential property is prohibited except as may otherwise be expressly permitted by this Title.

6.24.020 Trespassing.

No person owning or having charge, care or custody of any animal shall permit such animal to trespass or be upon any private property of another person without the consent of such person.

6.24.030 Property Damage.

A. No person owning or having charge, care or custody of any animal shall permit such animal to damage or destroy the property of any person other than that of the owner of such an animal.

B. Parkways comprising the area between the street and sidewalk shall be included as private property for the purposes of this Chapter.

6.24.040 Animal Noises Prohibited.

No person shall keep, maintain or permit on any lot, parcel of land or premises under his or her control any animal which, due to any sound emitting from the animal, unreasonably disturbs the peace and comfort of the inhabitants of the neighborhood or interferes with the reasonable and comfortable enjoyment of life and property.

A. Prohibited animal noise includes, but is not limited to, dog barking or any other noise heard beyond the lot, parcel of land or premises where the animal is, for continuous period of thirty (30) minutes or more, or intermittent noise for period of sixty (60) minutes or more. 319
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B. Unreasonable noise emitting from an animal in violation of this Chapter may be established by three (3) witnesses who do not live at the same address and who provide individual sworn declarations under penalty of perjury attesting to the time and nature of the unreasonable noise.

6.24.050 Excreta Nuisance Prohibited.

It shall be unlawful for the owner or person having charge, custody or control of any animal to permit, either willfully or through failure to exercise due care or control, to permit any animal to commit any nuisance by leaving its excreta and to allow such nuisance to therefore remain on any public sidewalk, public park or any other public property or on any improved private property other than that of the owner or person who has custody or control of such animal.

6.24.060 Unsanitary Animal Conditions Creating Nuisance Prohibited.

It shall be unlawful for the owner or person having charge, custody or control of any animal to permit, either willfully or through failure to exercise due care or control, to maintain any property, parcel, structure, home, facility or otherwise where the presence of any such animal creates a nuisance, including, but not limited to, conditions that are unhealthy to the animal or any human, results in offensive odors, creates an insect breeding reservoir, or any other condition that promotes disease or interferes with the comfortable enjoyment of life or property.

6.24.070 Tying Animals to Trees.

No person shall tie any animal to any shrub or tree growing along any public sidewalk or street of the City.

Chapter 6.28 WILD, EXOTIC, NONDOMESTICATED ANIMALS

6.28.010 Permit Required.

No person shall keep or maintain any wild, exotic or non-domesticated animal within the boundaries of the cities served by the Authority without first obtaining a permit from the General Manager. In addition to all information required in the application, the applicant shall substantiate to the satisfaction of the General Manager the following facts:

A. That the wild/exotic or non-domesticated animal at the location proposed shall not jeopardize, endanger, or otherwise constitute a menace to the public health, safety or general welfare;
B. That the proposed site is adequate in size and shape to accommodate the number and type of animals for which the permit is requested without harm to the animals or material detriment to the use, enjoyment or valuation of the property of other persons located in the vicinity of the site; and
C. Is in compliance with applicable zoning regulations and other laws.

6.28.020 Fee
The fee for a wild/exotic or non-domesticated animal license shall be set by resolution of the city councils served by the Authority.

6.28.030 Wild Animals to be Confined.

No person owning or having charge, custody or control or possession of any wild/exotic or non-domesticated animal, or while operating any wild animal establishment, shall permit or allow the 320
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same to run at large upon public or private property in such a manner as to endanger the life or limb of any person lawfully entering such premises.

6.28.040 Temporary Display or Transporting Animals.

This article shall not apply to any wild/exotic or non-domesticated animal caged in a safe and humane manner while being transported through the cities served by the Authority or while such animal is within the cities served by the Authority under the control of a circus, carnival, traveling show, or collection of animals for exhibition licensed by the cities served by the Authority.

6.28.050 Revocation of Permit.

The General Manager may revoke any such permit for the violation of any of the provisions of this Chapter.

6.28.060 Keeping of Bees.

It shall be unlawful for any person to have, keep, or maintain any hive or swarm of bees within the City without a permit. The provisions of this section shall not apply to the keeping of bees within an educational institution for study or observation or within a physician's office or laboratory for medical research, treatment, or other scientific purposes, provided they are not permitted to fly at large.

6.28.070 Prohibiting Feeding of Wildlife
No person shall feed or in any manner provide food for non-domesticated mammalian predators such as coyotes (Canis latrans). This section shall also include a ban on feeding raccoons, foxes, skunks and opossums.

6.28.080 Prohibiting Feeding of Wildlife – Exceptions.

The following are exceptions to the prohibition set forth in Section 6.28.070:

A. When an owner is in legal possession of a non-domesticated animal that is kept under a valid license issued by the Authority or cities served by the Authority; or B. When a person provides food and water for a trapped, injured or un-weaned nondomesticated animal during the time the agency in charge is notified and the animal has been picked up.

6.28.090 Feeding of Wild Pigeons.

A. Definitions.
"Pier", for the purposes of this section, means the San Clemente Municipal Pier. "Feed" means purposely providing food, including but not limited to grain, seeds, greens, bread crumbs, and other miscellaneous food scraps intended for pigeon ingestion. "Wild pigeon" means the common pigeon, Columba Livia, also known as the Rock Dove, in its wild state.

B. Pigeon Feeding Prohibited. No person shall feed any wild pigeons on the San Clemente Municipal Pier.

C. Enforcement. The above Section is enforceable by San Clemente Police Services, Coastal Animal Services Authority or other authorized City of San Clemente employees or members of the Orange County Sheriff’s Department. Offenders are subject to fines. 321
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D. Fine Schedule. For violations of this Section, a first offense shall be punishable by a fine of fifty dollars ($50.00) and a second offense within a period of one year, shall be punishable by a fine of one hundred dollars ($100.00) and a third or subsequent offense within a oneyear period, shall be punishable by a fine of two hundred dollars ($200.00). Administrative Fines contained in Chapter 1.20 of the San Clemente Municipal Code shall apply.

Chapter 6.32 HUMANE TREATMENT

6.32.010 Abandoning Animals.

It shall be unlawful to abandon any animal, dead or alive, within the City limits.

6.32.020 Poisoning Animals.

It shall be unlawful to place, leave, or expose, in any place accessible to any domestic animals with the intent to kill or harm such animals, any poisonous substance or ingredient, or any edible or any other substance or ingredient which has in any manner been treated or prepared with any poisonous substance or ingredient.

6.32.030 Unlawful use of Equipment.

It shall be unlawful to use any equipment, device, substance or material on animals that is, or could be, injurious or cause unnecessary cruelty to any animal.

6.32.040 Animals Struck by Vehicles.

Any person who, as the operator of a motor vehicle, strikes a domestic animal, shall render such assistance as may be possible and shall immediately report such injury or death to the animal's owner. In the event the owner cannot be ascertained and located, such operator shall attempt to obtain emergency care for the animal and immediately report the accident to the Authority.

6.32.050 Animals as Contest Prizes or Charitable Auction Items.

No person or charitable organization shall offer, give away or auction off any animal as a prize or item in any contest, lottery, drawing or charitable auction, nor shall any color, dye, stain, or any other substance be used to change the natural color of the above-described animals.

6.32.060 Animal Sales in Public Places Prohibited.

It shall be unlawful to offer for sale, exchange, or give away puppies or kittens in public places such as in front of stores, at swap meets, or auctions.

6.32.070 Unattended Animals.

A. It shall be unlawful to leave an animal unattended and without proper food, water, and shelter for a period of more than twenty-four (24) hours.

B. In addition to the prohibition contained in subsection A above, it shall also be unlawful to do any of the following:

1. Place a dog or allow a dog to remain on unoccupied property for a period of twenty-four (24) hours or more regardless of whether the dog is provided proper food, water and shelter. For the purposes of this section, "unoccupied property" shall mean the following:
a. Residential property which is not actually and legally being used as a residence at such time as the dog is on the property. Examples could include, but are not limited 322
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to, residential property currently under construction and residential property not then being resided in by a person who can be and is responsive to complaints about the animal disturbing the peace of the neighborhood.
b. Commercial property under construction or commercial property otherwise vacant.

C. Exceptions: Subsection (B)(1) of this Section shall not apply to the following:

1. The placement of a licensed guard dog on property once the licensed guard dog company obtains a permit from the city or its designee for the placement of guard dogs on the property;

2. A dog remaining on the property of a resident who goes on vacation or otherwise temporarily does not occupy the property but leaves the animal under the care and supervision of another person who regularly checks on the animal at least once every twenty-four (24) hours and who can and shall be responsive to complaints about the animal disturbing the peace of the neighborhood, providing the period does not extend beyond twenty-one (21) days.

D. Dogs found in violation of this Section may be impounded by the Animal Authority until claimed by the property owner. The animal shall not be released until the property is legally occupied or other suitable arrangements acceptable to the Director are made for the placement of the animal. All related impound, storage or other fees must be satisfied before the release of the animal. In the event the property owner fails to claim the animal within ten (10) days of notification of impound, the animal shall be considered abandoned and shall automatically become property of the Authority.

6.32.080 Sale as Novelty Prohibited.

A. It shall be unlawful for any unlicensed business or person to:

1. Display, sell, offer for sale, barter or give away any rabbits, baby chicks, ducklings or other fowl as pets or novelties, whether or not dyed, colored or otherwise artificially treated;

2. Sell, offer for sale, barter or display any rabbits, baby chicks, ducklings or other fowl which have been dyed, colored or otherwise treated so as to impart to them an artificial color;

3. Sell, offer for sale, barter or give away rabbits, baby chicks or other fowl under two (2) months of age in any quantity less than six (6);

4. Sell, offer for sale, barter or give away any rabbits, baby chicks, ducklings or other fowl unless such person provides proper brooder facilities for the care of such fowl during the time they are in possession of such person.

B. It shall be unlawful for any commercial animal establishment to sell or offer for sale any dog, cat or rabbit unless they are obtained from a shelter or rescue organization.

C. This Section shall not be construed to prohibit the display or sale of rabbits, baby chicks, ducklings or other fowl in proper facilities by dealers, hatcheries or stores engaged in the business of selling the same to be raised for food purposes.

6.32.090 Protection of Canines Utilized by Sheriff’s Department. 323
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A. Recital. It is the intent of the City Council to protect canines utilized by the Sheriff’s Department from interference and harm while such animals are in use in the performance of functions or duties of the Sheriff’s Department.

B. Prohibited Conduct. It shall be unlawful for any person to willfully or maliciously tease, taunt, torment, strike, kick, mutilate, disable, or otherwise injure, or kill, or to unwarrantably interfere or meddle with any canine while such animal is being utilized by the Sheriff’s Department, or any officer, or employee thereof, in the performance of any function or duty of said department, or of such officer or employee.

Chapter 6.36 ANIMAL SHELTER AND IMPOUNDMENT

6.36.010 Animal Shelter.

The San Clemente-Dana Point Animal Shelter shall serve as the animal shelter for the jurisdictions served by the Authority.

6.36.020 Animals Subject to Impoundment.

The General Manager or authorized agent may take into custody:

A. Any animal kept and maintained contrary to the provisions of this Title, any of the codified ordinances of the cities served by the Authority, any codified ordinance of the County of Orange or any California statute;
B. Any animal running at large contrary to the provisions of this Title or any statute; C. Sick, injured, stray, unwanted animals, for which the owner or custodian cannot be found or is unable or unwilling to provide proper care;
D. Animals quarantined for which no other place of quarantine is acceptable to the General Manager;
E. Animals delivered or requested to be impounded by a peace officer, or public officer or employee as defined in Penal Code Section 836.5;
F. Animals impounded pursuant to Section 6.20 of this Chapter; G. Any other animal authorized to be impounded pursuant to the provisions of this Chapter.

6.36.030 Transporting of Impounded Animals.

All animals taken into custody shall be humanely transported in specifically designed ventilated and properly maintained vehicles.

6.36.040 Retention of Animal Without Consent.

No person shall, without the consent of the owner, hold or retain possession of any animal without reporting the possession of such animal to the Authority within four hours, and giving his or her name, address, telephone number, if any, and a true description of the animal, and then surrendering such animal to the General Manager or authorized agent upon demand.

6.36.050 Unauthorized removal of Animal from Custody.

No person shall remove any animal from the custody of the Authority without permission from the General Manager or authorized agent to do so.

6.36.060 Licensed Animals – Period of Impoundment.
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Animals wearing current valid license tags, which are impounded pursuant to the provisions of this Chapter, shall be held for a period of ten (10) working days. Said animals shall be held for redemption by the owner and not be declared abandoned unless: (a) the person to whom the current tag for such animal was issued so directs; (b) ten (10) working days have elapsed since such person was notified of his or her animal's whereabouts by telephone; (c) ten (10) working days have elapsed since the owner was notified by United States mail, first class postage paid, at such person's last known address, informing such person of the whereabouts of his or her animal; (d) where animals bearing a tattoo is found, and after ten (10) working days have elapsed, the tattoo registry and the Authority have made all efforts to notify the owner; (e) where other identification of any type is found, and after ten (10) working days have elapsed, the Authority has made all efforts to notify the owner. At the end of the ten (10) working-day period, animals not claimed by their owners may be declared abandoned by the General Manager and may be placed for adoption or disposed of in a humane manner according to the provisions of this Chapter.

6.36.070 Unregistered Animals – Period of Impoundment.

Impounded animals not bearing identification of any type may be deemed unregistered and shall be held in custody for a period of five (5) calendar days. At the end of the prescribed period, unregistered animals not claimed may be declared abandoned and may be placed for adoption or disposed of in a humane manner according to law.

6.36.080 Notification of Owner.

The General Manager or authorized agent shall attempt to notify owners of lost or impounded registered dogs or cats through public notice, private communication where the owner is known, or when a tattoo is found, notification of the tattoo registry.

6.36.090 Redemption of Registered Animals.

Registered animals may be redeemed by the owner or his or her authorized agent upon payment of the impound fees, care and feeding charges, and any veterinary costs.

6.36.100 Redemption of Unregistered Animals.

Unregistered animals may be redeemed by the owner upon payment of the registration fee, impound fee, care and feeding charges, any veterinary costs, and upon proof of rabies vaccination.

Any person claiming ownership of any unregistered impounded animal shall be required to present proof of ownership satisfactory to the General Manager or his or her designee or authorized agent.

6.36.110 Adoption of Unredeemed Animals.

Any impounded animal that is not redeemed within period of time prescribed in the provisions of this Chapter may be considered abandoned and placed for adoption. Animals may be adopted by private individuals upon payment of a placement fee, rabies vaccination fee, animal registration fee, and a sterility deposit, if applicable.

6.36.120 Adoption by Approved Organizations.

Under special provisions, specific breed clubs and humane organizations approved by the General Manager shall have the option of adopting available animals for purposes of placement from the animal shelter.

6.36.130 Sheltering by Approved Organizations.

Specific animal clubs and humane organizations approved by the General Manager may be allowed to assume the responsibility of caring for lost and stray animals providing they have facilities for proper confinement, shelter and care of such animals. Such organizations shall notify the General 325
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Manager within four (4) hours after obtaining any animal so sheltered, giving a full description of the animal and any identification. Such organizations shall assume responsibility for placement of such animals in homes after sheltering them for a minimum of ten (10) days, during which time they shall make every attempt to locate and notify the owner.

6.36.140 Owner’s Right to Redeem Animal from Purchaser.

The owner of any impounded animal may, at any time, within thirty (30) days after adoption from the animal shelter, redeem such animal from the person who adopted the animal by paying him or her for the full amount paid to the Authority upon adoption of the animal, any vaccination costs incurred, and in addition thereto a sum equal to reasonable care and feeding charges per day for the number of days from the date of the adoption to and including the date of redemption by the owner.

6.36.150 Records of Impounded Animals.

The General Manager or authorized agent shall keep a record of each animal impounded, the date of receipt of such animal, the date and manner of disposal, and if redeemed, reclaimed or adopted, the name of the person redeeming, reclaiming or adopting such animal, the address and telephone number of such person, and the amounts of all fees received or collected for or because of the impounding, reclaiming or adoption thereof, together with the number of any tag, and the date of any registration issued upon the redemption or adoption of any such animal.

6.36.160 Euthanasia of Unredeemed Animals.

Animals may be euthanized in a humane manner as prescribed in the provisions of this Chapter and upon advice of the Animal Care and Evaluation Committee.

6.36.170 Research and Vivisection.

No animal may be donated or sold for the purpose of research and vivisection.

Chapter 6.40 COMMERCIAL ANIMAL ESTABLISHMENTS

6.40.010 Permit Required.

No person shall conduct or operate within the cities served by the Authority any commercial breeding or boarding kennel or cattery, pet shop, commercial animal rescue shop, grooming parlor, commercial stable, riding academy, pony ride, guard dog and/or sentry dog service, zoo, animal menagerie, animal exhibition, rodeo, circus, pet show, miscellaneous animal or reptile establishment or operate as an animal dealer, without first obtaining a license from the Authority. Any permit issued under this Chapter is subject to compliance with all applicable State regulations and statutory requirements. For the purposes of this Section, guard dog and/or sentry dog services located outside the cities served by the Authority, but providing services within said cities on a regular basis shall be included.

6.40.020 Application.

Each application for a commercial license or permit required by this Chapter shall be in writing upon a form to be furnished by the Authority, and shall contain such information as the Authority shall require.

6.40.030 Fee.

A fee for a license or permit required by the provisions of this Chapter shall be set by resolution of the City Council served by the Authority, and shall be paid to the Authority before a license is 326
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issued. Thereafter, unless otherwise provided, each fee shall be paid annually in accordance with such resolution.

6.40.040 Investigation.

The General Manager or designee shall conduct an inspection of the intended business location and facilities and prepare a report for inclusion with the application for an original license or a renewal. He or she may issue a license to the applicant if he or she finds that:

A. The keeping of animals, or the conduct of operation of the business for which the license is requested and at the place set forth in the application, shall not violate any law or ordinance of the cities served by the Authority, or any law of the State; and B. The keeping of animals, or the conduct or operation of the business for which the license is requested, shall not endanger the health, peace or safety of the community; and C. The premises and establishment where animals are to be kept are in a clean and sanitary condition, and that animals shall not be subject to suffering, cruelty or abuse; and D. The applicant has not had a similar license revoked within one year prior to the application.

6.40.050 Duration of License or Permit.

Licenses and permits issued under the provisions of this Chapter shall expire on the date specified in the resolution of the City Council served by the Authority. The license or permit may be revoked or suspended for cause in accordance with this Chapter prior to the expiration date. The license or permit also becomes void if the holder thereof changes the location of his or her place of business or sells, assigns, transfers or otherwise disposes of such business or his or her interest therein for a period of thirty (30) days or more.

6.40.060 Renewal.

A completed application for renewal shall be submitted to the City's Animal Services Division within thirty (30) days after the expiration of the existing permit. Any business not complying with this Section shall be deemed a public nuisance and subject to abatement as well as misdemeanor prosecution under this Code.

6.40.070 Revocation or Suspension of License or Permit.

Any license or permit issued under the provisions of this Chapter may be revoked or suspended if the General Manager finds any of the following:

A. The licensee, his or her agent or employee, has been convicted of any offense involving the violation of Penal Code Sections 596, 597, 598 and 599 of the Penal Code of the State of California, or of any provision of this Chapter;
B. The licensee, his or her agent or employee, has, at the place for which the license was issued, failed to provide any animal in his or her possession, care or control with proper and sufficient food, drink, shelter or protection, or subjected any such animal to suffering, cruelty or abuse;
C. The licensee, his or her agent or employee, failed to maintain the premises in a clean and sanitary condition;
D. The licensee, his or her agent or employee, has violated any rule or regulation made pursuant to the provisions of this Chapter;
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Meeting Date: November 4, 2025 Agenda Item: 11D.

CITY OF SAN CLEMENTE 32
E. That the licensee has falsified facts on the license application. If a license has been denied or revoked for cause, the General Manager shall not accept a new application by the same person for the same activity at the same location within six (6) months after such denial or revocation, unless the applicant affirmatively shows and the General Manager, finds, by inspection and/or investigation, that the grounds upon which the first application was denied or the license was revoked no longer existed. On revocation of a license, no part of the fee is refundable.

6.40.080 Display of License or Permit.

All licenses and permits under the provisions of this Chapter shall be displayed in a conspicuous place on the licensed premises.

6.40.090 Animal Records.

The holder of a commercial kennel or grooming parlor license shall keep available for inspection on the premises a record that shall show the name, current address and telephone number of the owner of each animal kept at the kennel or parlor, the date such animal entered the kennel or parlor, description of the animal, including age, name, breed, sex, and color, and the name of a veterinarian approved by the owner.

6.40.100 Permitted Number of Animals.

At any time there are more animals than a kennel or cattery license allows, the person operating such kennel or cattery must obtain a new license permitting the keeping of the greater number of animals. The former license shall be canceled and a credit for the canceled license fee shall be allowed on the new license.

6.40.110 Rules and Regulations.

The General Manager may, in the rules and regulations promulgated pursuant to this Chapter, establish reasonable standards requiring any place for which a license is granted to be maintained in a clean, sanitary and humane condition. A copy of such rules and regulations shall be furnished to each applicant for a license on the filing of the application.

6.40.120 Emergency Information.

Each commercial establishment shall have posted in such a place as to be legible from the exterior of the building, names, addresses, and telephone numbers of persons to be notified in case of emergency.

6.40.130 Humane Animal Care.

Every person who owns, conducts, manages or operates any commercial animal establishment for which a license is required, shall comply with each of the following conditions:

A. No dog or cat under the age of eight (8) weeks shall be brought or shipped into the City for the purpose of resale and no such dog or cat shall be offered for sale by any pet shop or dealer.

B. Every puppy or kitten offered for sale must be examined by a State licensed veterinarian and be certified free of congenital defects, distemper, worms, skin disease, skin and ear mites, and other diseases or conditions which would be injurious to the animal or a potential owner.

C. Every dog or cat offered for adoption shall have been vaccinated against distemper, parvo virus enteritis, and feline pan leukopenia by a state licensed veterinarian. A certificate 328
Meeting Date: November 4, 2025 Agenda Item: 11D.

CITY OF SAN CLEMENTE 33
providing the name of the veterinarian and the date and treatment must be provided to the purchaser at the time of adoption;
D. No animal shall be transported by a commercial kennel, pet shop, or dealer, whether by private or public means, unless housed in a container designed for that purpose including provisions for adequate ventilation and food and water.

E. No animals shall be without attention more than eighteen (18) consecutive hours.

F. Every reasonable precaution shall be used to ensure that animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or means.

G. Every animal establishment shall isolate sick animals sufficiently so as not to endanger the health of other animals.

H. Every building or enclosure wherein animals are maintained, shall be constructed of material easily cleaned and shall be kept in a sanitary condition. The building shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required, according to the physical needs of the animals, with sufficient light to allow observation of animals and sanitation.

I. Any owner and/or keeper of an animal shall take that animal to a veterinarian for treatment if the General Manager or designee finds that it is necessary in order to maintain the health of the animal and orders the owner and/or keeper to do so.

J. All animal rooms, cages, kennels, shipping containers, and runs shall be of sufficient size to provide adequate and proper accommodations and protection from the weather for the animals kept therein. As a minimum, sufficient space must be provided for every animal within an enclosure to separately and together, stand up, lie down, and turn around in a natural position.

K. No animals bearing evidence of malnutrition, ill health, unhealed injury or having been kept in an unsanitary condition shall be displayed to the public.

Chapter 6.44 PRIVATE KENNELS, ANIMAL REFUGES, ANIMAL RESCUE OPERATIONS, AND

SPECIALTY ANIMALS

6.44.010 Permit Required.

A permit is required of any person owning or having custody of:

A. Four (4) or more licensed dogs or cats four (4) months of age or older; B. Any specialty animal; or
C. Any combination thereof.

Such persons shall file an application for a private kennel/cattery/animal refuge permit with the Authority in accordance with the provisions of this Chapter. Any permit issued under this Chapter is subject to compliance with all applicable State statutes and regulations.

6.44.020 Keeping of Specialty Animals within City Limits.

Specialty animals, in addition to any other requirements of this Title, shall be subject to the following:
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CITY OF SAN CLEMENTE 34
A. The lot on which specialty animals are kept complies with the minimum lot size for the Zoning Code within which it is located and any other applicable Zoning requirements, including, but not limited to, those found in section 17.16.060 of this Code; B. Specialty animals are kept secured on-site under humane and sanitary conditions with adequate food, water, and shelter; and
C. Pens, roosts, hutches, etc., for the animals are located at least one hundred (100) feet from the nearest adjacent structure.

6.44.030 Fee.

A fee not to exceed the cost of Authority services relating to dogs, shall be paid to the Authority for each license required by this Chapter as provided by resolution of the City Council served by the Authority.

6.44.040 Animal Records.

The holder of a private kennel/cattery or animal refuge shall keep available for inspection his or her permit and a record of all animals by name, breed, sex, color and age. In addition, he or she shall post in a visible place the name, address and telephone number of a family member with a different address, a veterinarian, or other party who can be contacted in case of emergency, to assume the care of the animals on the premises.

6.44.050 Application.

Each application for a private license or permit required by this Chapter shall be in writing upon a form to be furnished by the Authority, and shall contain such information as the Authority shall require.

6.44.060 Revocation of Permit.

Registration privileges for private kennels/catteries/animal refuges shall be revoked in all cases whose registrants are found guilty by a court of:

A. Inhumane and cruel treatment of animals;
B. Violations of health and sanitation codes;
C. Willful failure to notify owners of presence of their lost animals, to check for identification marks such as registered tattoos, refusal to return duly identified animals to their rightful owners;
D. Failure to comply with mandatory vaccination or neutering provisions or implementation of other approved birth control measures for any animals prior to their release to new owners; E. Violation of noise and nuisance ordinances; or
F. False statement(s) on their application forms.

6.44.070 Compliance with Permitting Requirements.

Compliance with this Chapter is required, regardless of prior status under this Title or any other City ordinance, resolution, rule or regulation. All animals lawfully licensed and maintained under the provisions of this Chapter shall be permitted to live out their natural lifespan at the permitted location, except for good cause shown. The General Manager shall have the authority, in his or her sole discretion, to grant a grace period to any person or entity that was in compliance with previous versions of this Title of up to one year from the date this provision becomes effective for compliance with the provisions of this Chapter.
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CITY OF SAN CLEMENTE 35
Chapter 6.48 DISPOSAL OF DEAD ANIMALS

6.48.010 Disposal Dead Animals.

The owner of any animal that dies shall dispose of the carcass of such animal in a sanitary manner as prescribed by the General Manager or authorized agent within twenty-four (24) hours after said owner has knowledge of the animal's death. No person shall bury any dead animal in the cities served by the Authority unless approved by the General Manager. It shall be the duty of the General Manager or authorized agent to take custody of all dead animals from the owner when requested.

6.48.020 Notification of Owner.

Whenever deceased animals picked up by the Animal Services Officer carry identification of any kind, the owner shall be notified.

6.48.030 When Owner is Unknown.

The General Manager shall be responsible for the disposal of the dead animals whose ownership cannot be established.

Section 2. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or any part thereof, is for any reason held to be invalid, such decision shall not offset the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid.

Section 3: This Ordinance shall take effect thirty (30) days from the date of its passage. Before the expiration of fifteen (15) days after its passage, this Ordinance shall be published in a newspaper of general circulation, printed and published in the City of San Clemente.

APPROVED 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 331
Meeting Date: November 4, 2025 Agenda Item: 11D.

CITY OF SAN CLEMENTE 36

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, Laura Campagnolo, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1797 having been regularly introduced at the meeting of _______________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______, and said ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________. _________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
____________________________
Elizabeth A. Mitchell, City Attorney
332
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: November 4, 2025 Agenda Item: 11E.

Submitted By: Public Works
Prepared By: Belgin Cuhadaroglu, Senior Civil Engineer
Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO Q&E

PIPELINE COMPANY FOR THE CAMINO VERA CRUZ RECYCLED WATER LINE EXTENSION, CIP PROJECT NO. 17407, AUTHORIZING THE CITY MANAGER TO EXECUTE THE

CONSTRUCTION CONTRACT, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM ..body THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Fiscal Impact:

The estimated total construction cost of $597,000 is within the approved budget of $1,868,428 from Account No. 052-467-45300-000-17407, Camino Vera Cruz Recycled Water Line Extension, Phase II, Water Acreage Fee Reserve Fund.

Summary:

Before the City Council is the award of a construction contract to Q&E Pipeline Company, in an amount not to exceed $507,000, for the Camino Vera Cruz Recycled Water Line Extension.

Due to high demand for recycled water conversion within the Forster Ranch Home Owners Association’s (HOA) areas, approximately 402 linear feet of recycled water line pipes and three irrigation meters will be installed, at the intersection of Camino de Los Mares and Camino Vera Cruz, to provide recycled water to reduce the use of imported potable water from the Metropolitan Water District of Southern California.
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Meeting Date: November 4, 2025 Agenda Item: 11E.

CITY OF SAN CLEMENTE 2
Background:

Recycled water customers account for approximately 15% of the City's overall water demand and utilize approximately 1,200 acre-feet per year of recycled water. The City's customer use of recycled water reduces the City's need for imported potable water from the Metropolitan Water District of Southern California (Metropolitan).

Upon completion of the City’s recycled water expansion, Phase I, in 2014, there was one remaining area within Forester Ranch that provided approximately 10.5 acre-feet of water use adjacent to an existing recycled water line. City staff coordinated with the homeowners association and determined the best location to install additional new meters for conversion of the private irrigation system to recycled water. The project is recommended at this time prior to the paving of the Camino De Los Mares/Camino Vera Cruz intersection. Approximately 402 linear feet of pipeline and 3 irrigation meters will be installed to provide additional recycled water, as shown below.

The City originally conducted formal
competitive bidding for the Camino
Vera Cruz Recycled Water Line
Extension and received bids on May
5, 2025; however, after further
evaluation, staff recommended to
re-scope the bid package and re-bid
the project with a scope of work that
will better address the potential
conflicts with underground utilities.

On June 3, 2025, the City Council
approved rejecting the bids received
on May 5, 2025, and directed staff
to re-bid the project.

Staff modified the scope of work and prepared a bid package for the Camino Vera Cruz Recycled water line extension, notified local contractors, advertised the project for competitive bidding on the PlanetBids website, and in the San Clemente Times. Four bids were received on October 16, 2025, ranging from $507,000 to $884,676 as shown on the table below.

Company Name Company Location
Bid
Amount
Q&E Pipeline Company Pomona, CA $507,000
O'Connell Engineering &
Construction, Inc. Winchester, CA $591,875
Big Ben Engineering Irvine, CA $597,890
Alliance Diversified Escondido, CA $884,676
The lowest responsive and responsible bidder is Q&E Pipeline Company of Pomona, California, in the amount of $507,000. Based on the lowest bid, the estimated total construction cost for this project is as follows:
334
Meeting Date: November 4, 2025 Agenda Item: 11E.

CITY OF SAN CLEMENTE 3
Construction Administration, Management and Inspection $ 90,000 Construction $507,000
Estimated Total Construction Cost $597,000
As required by state law and City policy, the contractor, Q&E Pipeline Company will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 2). Project plans and specifications are on file in the City Clerk’s office.

Council Options:
 Adopt Resolution No. 25-169 (Attachment 1), finding the project categorically exempt from the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small Structures, 14 CCR Section 15303) of the State CEQA Guidelines, awarding the construction contract to Q&E Pipeline Company, and authorizing the City Manager to execute a construction contract in an amount not to exceed $507,000.  Modify and adopt Resolution 25-169.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 25-169 and put the project on hold.

Environmental Review/Analysis:

This Project was determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Section 15303 of the state CEQA Guidelines, Class 3 (New Construction or Conversion of Small Structures), 14 CCR Section 15303).

Recommended Actions:
..recommendation
Staff recommends that the City Council adopt Resolution No. 25-169, which will:

1. Find the Camino Vera Cruz Recycled Water Line Extension, Project No. 17407, categorically exempt from CEQA under Class 3 (New Construction or Conversion of Small Structures, 14 CCR section 15303) of the State CEQA Guidelines;

2. Award a contract to Q&E Pipeline Company, as the lowest responsible and responsive bidder, for the Camino Vera Cruz Recycled Water Line Extension, CIP Project No. 17407; and

3. Authorize the City Manager to execute a contract with Q&E Pipeline Company in an amount not to exceed $507,000 in a form substantially similar to Contract No. 25-54 (Attachment 2) for Camino Vera Cruz Recycled Water Line Extension, CIP Project No. 17407. ..end
Attachment:

1. Resolution No. 25-169

2. Contract No. C25-54 (without attachments)
Notification:

All Bidders.
335
Attachment 1
4882-9904-3949 v1
RESOLUTION NO. 25-169

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

CONSTRUCTION CONTRACT TO Q&E PIPELINE

COMPANY FOR THE CAMINO VERA CRUZ RECYCLED
WATER LINE EXTENSION, CIP PROJECT NO. 17407 IN AN
AMOUNT NOT TO EXCEED $507,000, AUTHORIZING THE

CITY MANAGER TO EXECUTE THE CONSTRUCTION

CONTRACT, AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, recycled water customers account for approximately 15% of the City's overall water demand and utilize approximately 1,200-acre feet per year of recycled water.

WHEREAS, the City's customer use of recycled water reduces the City's need for potable imported water from the Metropolitan Water District of Southern California; and WHEREAS, extension of an existing recycled water line will provide recycled water to three meters for an annual demand of approximately 10.5 acre feet of recycled water and this area was previously identified as a high water use; and WHEREAS, due to high demand adjacent to an existing recycled water line in Camino Vera Cruz within Forster Ranch, approximately 402 linear feet of recycled water pipe lines and three irrigation meters will be installed; and WHEREAS, the City originally conducted formal competitive bidding for the Camino Vera Cruz Recycled Water Line Extension and received bids on May 5, 2025; and
WHEREAS, after further evaluation, staff recommended to re-scope the bid package and re-bid the project with a scope of work that will better address the potential conflicts with underground utilities; and
WHEREAS, on June 3, 2025, the City Council approved rejecting all bids received on May 5, 2025, and directed staff to re-bid the project with the modified scope of work; and
WHEREAS, the City conducted formal competitive bidding for the Camino Vera Cruz Recycled Water Line Extension with the modified scope of work; and WHEREAS, on October 16, 2025, the City received four (4) bids ranging from $507,000 to $884,676 for the Project; and
WHEREAS, the lowest responsive and responsible bidder was Q&E Pipeline Company of Pomona, California, in the amount of $507,000; and 336
Resolution No. 25-169 Page 2
WHEREAS, this project is determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Section 15303 of the state CEQA Guidelines, Class 3 (New Construction or Conversion of Small Structures, 14 CCR 15303).

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 herein.

SECTION 2. That the project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small Structures, 14 CCR section 15303) of the State CEQA Guidelines because it consists of construction of utility extensions of reasonable length and there is no possibility of a direct or reasonably foreseeable indirect substantial impact on the environment.

SECTION 3. That the City Council finds that Q&E Pipeline Company is the lowest responsive and responsible bidder, and the construction contract for the Camino Vera Cruz Recycled Water Line Extension, CIP Project No. 17407, is hereby awarded to Q&E Pipeline Company.

SECTION 4. That the City Manager is authorized and directed to execute a construction contract for the Camino Vera Cruz Recycled Water Line Extension, CIP Project No. 17407 with Q&E Pipeline Company in an amount not to exceed $507,000 in a form substantially similar to that presented to City Council on November 4, 2025.

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 ______________, 2025.

ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 337
Resolution No. 25-169 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. 25-169 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _____ day of ______, 2025, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, 2025. ________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
338
Attachment 2
SECTION 00500

CONTRACT
THIS CONTRACT is made this _____ day of _________, 2025, in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, and Jesus Lopez dba Q&E Pipeline Company, a sole proprietorship located at 2235 Marquette Ave, Pomona, CA 91766 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract. City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:

Camino Vera Cruz Recycled Water Line Extension, CIP Project No. 17407 The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within fifty (50) working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract and the Work, which includes everything that is reasonably foreseeable related thereto, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Five Hundred Seven Thousand ($507,000). Payment shall be made as set forth in the General Conditions.

At any time during the term of the Contract, City may, pursuant to the terms and provisions of the Contract Documents, request that the Contractor perform additional work. Contractor shall not perform, nor be compensated for, additional work without written authorization from the City pursuant to the terms and provisions of the Contract Documents.

ARTICLE 4. LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of $1,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event that Liquidated Damages are not paid, the Contractor agrees City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:

Contract
Table of Contest
339
55452.01510\32905704.2 2
Bid Form
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Non-Collusion Declaration Form
Contractor Information and Experience Form
List of Subcontractors Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Addenda
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the Office of the City Clerk or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures. (Signatures on following page)

340
55452.01510\32905704.2 3

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

Jesus Lopez dba Q&E PIPELINE COMPANY,
a sole proprietorship
(“CONTRACTOR”)
By:_____________________________
Jesus Lopez, CEO/CFO
Dated: __________________, 2025

END OF CONTRACT
341
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: November 4, 2025 Agenda Item: 11F.

Submitted By: Public Works
Prepared By: Amir K. Ilkhanipour, P.E., Principal Civil Engineer Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO RE CHAFEE CONSTRUCTION, INC. FOR THE CALLE REAL PUMP STATION REHABILITATION, CIP PROJECT NO. 19516, AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT WITH RE CHAFEE CONSTRUCTION, INC. IN THE AMOUNT OF NOT TO EXCEED $2,528,600, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ..body ENVIRONMENTAL QUALITY ACT
Fiscal Impact:

The estimated total construction cost of $2,988,600 is within the approved budget amount of $5,066,700, from Account No. 052-466-45300-000-19516, Calle Real Pump Station, Water Fund Depreciation Reserve.

Summary:

Before the City Council is the award of a construction contract to RE Chafee Construction, Inc. (Attachment 2) for the Calle Real Pump Station Rehabilitation, in an amount not to exceed $2,528,600.

The pump station was constructed in the early 1960s and is in need of upgrades. This project will also allow the City to efficiently abandon Reservoir 6 which has reached the end of its useful life and connect to Reservoir 10 which will allow for increased redundancy within the two service zones.

Background:

The Calle Real Pump Station (Station) was constructed in the early 1960s and is in need of upgrades. The proposed upgrades will allow the City to efficiently abandon the existing Reservoir 6, which has reached the end of its useful life. The City has already completed the construction of the interconnecting 12-inch water pipeline from Reservoir 10 to the Calle Real Pump Station to 342
Meeting Date: November 4, 2025 Agenda Item: 11F.

CITY OF SAN CLEMENTE 2
bypass Reservoir 6. These upgrades will improve the system reliability in both the Reservoir 6 and 10 zones by providing an interconnection between the systems.

The project includes removal and replacement of the existing mechanical and electrical equipment, upgrade electrical service to the site, new vertical turbine pumps, suction and discharge piping, valves, new instrumentation, architectural improvements to the building structure, and commissioning.

City staff prepared a bid package for the rehabilitation project, contacted local contractors and advertised the project for competitive bidding on the PlanetBids website and in the San Clemente Times. Seven bids were received on September 26, 2025, ranging from $2,528,600 to $3,829,038, as shown on the table below. No local contractors provided a bid. The lowest responsive and responsible bidder is RE Chaffee Construction, Inc.

Vendor Name City Bid
Amount
RE Chaffee Construction, Inc. Wrightwood $2,528,600
Big Ben Engineering Irvine $2,583,701
US Builders & Consultants, Inc. Irvine $2,744,800
Mmc, Inc. La Palma $2,814,000
HPS Mechanical, Inc. Bakersfield $3,201,870
GMZ Engineering, Inc. Westlake Village $3,418,800
Houalla Enterprises, Ltd. Newport Beach $3,829,038
Staff is in the process of preparing requests for proposals (RFP) for engineering construction support services during construction, and construction management and inspection services for the project. Upon selection of consultants for these tasks, staff will return to the City Council for 343
Meeting Date: November 4, 2025 Agenda Item: 11F.

CITY OF SAN CLEMENTE 3
award recommendations at a later time. As for placeholders, $140,000 and $320,000, respectively, is considered in the estimated construction costs.

Based on the lowest bid from RE Chaffee Construction, Inc., and other construction costs, the total estimated project construction cost is summarized below.

Construction Support Services by a Consultant $ 140,000 Construction Management and Inspection 320,000
Construction Contract 2,528,600
Total Estimated Construction Costs $2,988,600
As required by state law and City policy, the contractor, RE Chaffee Construction, Inc., will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 2). Project plans and specifications are on file in the City Clerk’s office.

Council Options:
 Adopt Resolution No. 25-170 (Attachment 1), awarding a construction contract to RE Chaffee Construction, Inc. for construction of Calle Real Pump Station Rehabilitation and authorizing the City Manager to execute a construction contract in an amount of not to exceed $2,528,600, and finding the project categorically exempt from CEQA.  Modify and adopt Resolution No. 25-170.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 25-170 and put the project on hold.

Environmental Review/Analysis:

This project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 of the State CEQA Guidelines, Section 15302 – Replacement of Existing Facilities, since it consists of replacement and updating the existing components of the Station within the same site and having substantially the same purpose and functionality.

Recommended Actions:

Staff recommends that the City Council adopt Resolution No. 25-170, which will:
..recommendation

1. Find the Calle Real Pump Station Rehabilitation, CIP Project No. 19516, categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 of the State CEQA Guidelines, Section15302;

2. Award the Calle Real Pump Station Rehabilitation, CIP Project No. 19516, construction contract to RE Chaffee Construction, Inc. as the lowest responsible and responsive bidder; and
344
Meeting Date: November 4, 2025 Agenda Item: 11F.

CITY OF SAN CLEMENTE 4

3. Authorize the City Manager to execute a construction contract with RE Chaffee Construction, Inc., in the amount of not to exceed $2,528,600, in a form substantially similar to Contract No.

C25-55 (Attachment 1).
..end
Attachments:

1. Resolution No. 25-170

2. Construction Contract with RE Chaffee Construction, Inc. (w/o attachments) Notification:

All Bidders
345
Attachment 1
RESOLUTION NO. 25-170

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

CONSTRUCTION CONTRACT TO RE CHAFEE
CONSTRUCTION INC. FOR THE CALLE REAL PUMP
STATION REHABILITATION, CIP PROJECT NO. 19516,

AND AUTHORIZING THE CITY MANAGER TO EXECUTE
THE CONTRACT WITH RE CHAFEE CONSTRUCTION INC.

IN THE AMOUNT OF NOT TO EXCEED $2,528,600.

WHEREAS, the Calle Real Pump Station was constructed in the early 1960’s and is in need of upgrades which will allow the City to efficiently abandon the existing Reservoir 6 which has reached the end of its useful life; and WHEREAS, this is the last phase to improve system reliability between Reservoir 6 and 10 zones; and
WHEREAS, City Staff advertised the project for competitive bidding and on September 26, 2025, seven bids were received, of which none were local bidders; and WHEREAS, City staff reviewed the bids and identified the lowest responsive and responsible bidder to be RE Chaffee Construction, Inc.; and NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

SECTION 1. Recitals. The above recitals are considered findings by the City Council and incorporated into the body of this resolution.

SECTION 2. Find the Calle Real Pump Station Rehabilitation, CIP Project No. 19516, categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 of the State CEQA Guidelines, Section 15302.

SECTION 3. Award the Calle Real Pump Station Rehabilitation, CIP Project No. 19516, construction contract to RE Chaffee Construction, Inc. as the lowest responsible and responsive bidder.

SECTION 4. Authorize the City Manager to execute a construction contract with RE Chaffee Construction, Inc., in an amount not to exceed $2,528,600, in a form substantially similar to Contract No. C25-55.

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. 346
Resolution No 25-170 Page 2
PASSED AND ADOPTED this day of , 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. 25-170 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
347
Attachment 2
SECTION 00500

CONTRACT
THIS CONTRACT is made this _____ day of _________, 2025, in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, and RE Chaffee Construction, Inc., hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:

CALLE REAL PUMP STATION REHABILITATION
The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the dates stated in City’s Notice to Proceeds. The project will have two Notice to Proceeds (NTP’s): the 1st NTP to begin administrative work (shop drawing submittals, material procurement, etc.), and the 2nd NTP to begin mobilization and site work. The 2nd NTP shall not occur later than 60 working days after the 1st NTP. The Contractor shall complete all Work required by the Contract Documents within 300 working days from the commencement date stated in the 2nd Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract and the Work, which includes everything that is reasonably foreseeable related thereto, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Two Million, Five Hundred Twenty Eight Thousands and Six Hundred Dollars ($2,528,600). Payment shall be made as set forth in the General Conditions.

At any time during the term of the Contract, City may, pursuant to the terms and provisions of the Contract Documents, request that the Contractor perform additional work. Contractor shall not perform, nor be compensated for, additional work without written authorization from the City pursuant to the terms and provisions of the Contract Documents.

ARTICLE 4. LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of $1,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event that Liquidated Damages are not paid, the Contractor agrees City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. 348
55452.01510\32905704.2
2 ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Form
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Non-Collusion Declaration Form
Contractor Information and Experience Form
List of Subcontractors Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at City of San Clemente Public Works Department or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures. 349
55452.01510\32905704.2
3 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
RE Chaffee Construction Inc.
__________________________
(“CONTRACTOR”)
By:_____________________________
Ronald E. Chaffee Jr., CEO / CFO
Dated: __________________, ______
By:_____________________________
Jessica R. Chaffee, Secretary
Dated: __________________, ______

END OF CONTRACT
350
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: November 4, 2025 Agenda Item: 11G.

Submitted By: Public Works
Prepared By: Julie Schmidt, Sr. Management Analyst
Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A GENERAL SERVICES AGREEMENT TO OCEAN BLUE ENVIRONMENTAL SERVICES, INC. FOR HAZARDOUS WASTE RESPONSE,

CLEANUP, REMOVAL AND DISPOSAL ENVIRONMENTAL ON-CALL SERVICES AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT FOR THREE YEARS FOR A TOTAL AMOUNT NOT TO EXCEED $120,000, AND TWO ADDITIONAL ONE-YEAR

OPTIONS, AND FINDING THE ACTIONS CATEGORICALLY EXEMPT UNDER THE CALIFORNIA ..body ENVIRONMENTAL QUALITY ACT
Fiscal Impact:

There is sufficient funding in the approved Fiscal Year 2026 budget for these services in the Storm Drain Maintenance Operating Fund within Account Number 059-552-43890 in the amount of $30,900. Depending upon the incident, and if a responsible party is identified, staff will request reimbursement of expenses from the liable party. Funding for future years of the Agreement will be included in the Storm Drain Maintenance Operating Fund for the appropriate fiscal year.

Summary:

Before the City Council is the award of a three-year General Services Agreement with Ocean Blue Environmental Services Inc. for Hazardous Waste Response, Cleanup, Removal and Disposal Environmental On-Call Services for an amount not to exceed $120,000, with the option for two one-year extensions. Staff recommends that the City Manager be authorized to administratively approve extensions provided that they are within the City Council approved budget in future fiscal years. The General Services Agreement contains fixed pricing for the initial three-year term for the various levels of staff, materials, and equipment necessary to perform hazardous waste cleanup and removal. Staff researched and found no local vendors that provide these specialized services.

Background:

The City requires on-call hazardous waste cleanup services to be performed by a licensed contractor that is available 24 hours a day, 365 days a year for these specialized services and also requires scheduled non-emergency pickup and disposal of hazardous waste. This on-call or scheduled coverage allows the City to maintain compliance with regulations regarding the cleanup and disposal of hazardous waste within the public right of way from materials or liquids, such as, gasoline, oils, pesticide chemicals, bio-waste (including blood and tissue), paints, and miscellaneous chemical spills after accidents or due to improper disposal or storage. All of these types of materials must be kept from the City’s storm drain system to comply with the City’s Clean Ocean Program and the Clean Water Act. The public must also be protected from exposure to these materials in order to preserve public health.
351
Meeting Date: November 4, 2025 Agenda Item: 11G.

CITY OF SAN CLEMENTE 2
In August 2025, staff posted a Request for Proposal on
PlanetBids for Hazardous Waste Response, Cleanup,
Removal and Disposal Environmental On-Call Services
requesting proposals from qualified contractors to
provide hazardous waste on-call response, cleanup,
removal and proper legal disposal for the City’s
hazardous waste response needs. Five proposals were
received from American Integrated Services, Inc., Clean Harbors Environmental Services, Inc., Ocean Blue
Environmental Services, Inc., Patriot Environmental
Services, Inc., and United Pumping Service, Inc. The
proposals contained extensive price lists for the various staff at each company, all of the types of materials, and equipment that may be used for hazardous waste
response services depending on the type of waste being
handled. The proposals did not contain a specific overall cost since the need for these services is unknown and
are as-needed as situations occur. When evaluating the
proposals, staff considered the following items per City Policy and Procedure 201-2-1: experience of the
contractor/consultant, special knowledge of the subject matter, ability to perform the services in the time allowed, and record of success for similar work. Ocean Blue Environmental Services, Inc. currently has Hazardous Waste Response and Removal contracts with many other Orange County agencies including: City of Aliso Viejo, City of Dana Point, City of Garden Grove, City of Huntington Beach, City of Irvine, City of Laguna Beach, City of Mission Viejo, City of Placentia, City of Santa Ana, City of Tustin, City of Westminster, CalTrans, John Wayne Airport, Orange County Public Works, Orange County Sheriff, Irvine Ranch Water District, Moulton Niguel Water District, and South Coast Water District.

Utilities staff reviewed the proposals and conducted interviews with the five proposers, and is recommending Ocean Blue Environmental Services, Inc. for a new General Services Agreement.

The City has worked with Ocean Blue Environmental Services for many years, and they have always been very responsive to requests from City staff and Orange County Sheriff’s Department staff. Ocean Blue Environmental Services, Inc. is recommended based on their professional knowledge of the requirements in collecting and disposing hazardous waste, ease of scheduling, and previous experience.

Staff is recommending an initial three-year Agreement, with the option for two, one-year extensions after the initial three-year period with approval of the City and the Contractor. The initial Agreement is recommended for $120,000 and the rates from Ocean Blue Environmental Services will be fixed for the initial three-year term of the Agreement. In addition, staff is recommending the City Council authorize the City Manager to extend the contract for two additional one-year periods based on funding for the services that is approved in the annual budget at the time the extensions are needed.
352
Meeting Date: November 4, 2025 Agenda Item: 11G.

CITY OF SAN CLEMENTE 3
Council Options:
 Adopt Resolution No. 25-171, which would award a General Services Agreement to Ocean Blue Environmental Services, Inc. for Hazardous Waste Response, Cleanup, Removal and Disposal Environmental On-Call Services for an initial three-year term for a total amount not to exceed $120,000, and authorize the City Manager to execute the Agreement and authorize up to two one-year extensions within budget constraints.
 Modify and adopt Resolution No. 25-171.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 25-171 to award the contract to Ocean Blue Environmental Services, Inc. and give direction to staff.

Environmental Review/Analysis:

These actions are categorically exempt from the California Environmental Quality Act (CEQA) under Class 30 of the state CEQA Guidelines Section 15330 (14 CCR Section 15330, Minor Actions to Prevent, Minimize, Stabilize, Mitigate or Eliminate the Release or Threat of Release of Hazardous Waste or Hazardous Substances) because they consist of any minor cleanup actions taken to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of a hazardous waste or substance which are small or medium removal actions costing $1 million or less.

Recommended Actions:

Staff Recommendation
..recommendation
Staff recommends that the City Council Adopt Resolution No. 25-171, which would:

1. Award a three-year General Services Agreement to Ocean Blue Environmental Services, Inc. for Hazardous Waste Response, Cleanup, Removal and Disposal Environmental On-Call Services for a total amount not to exceed $120,000 during the first three years, plus two additional one-year options;

2. Authorize the City Manager to execute the General Services Agreement with Ocean Blue Environmental Services, Inc. (Attachment 3);

3. Authorize the City Manager to administratively approve up to two, one-year extensions to the Agreement that do not exceed the City Council approved budgeted amounts for each fiscal year; and

4. Find the actions categorically exempt from the California Environmental Quality Act (CEQA) under Class 30 of the state CEQA Guidelines Section 15330 (14 CCR Section 15330, Minor Actions to Prevent, Minimize, Stabilize, Mitigate or Eliminate the Release or Threat of Release of Hazardous Waste or Hazardous Substances).
..end
353
Meeting Date: November 4, 2025 Agenda Item: 11G.

CITY OF SAN CLEMENTE 4
Attachments:

1. Resolution No. 25-171

2. Request for Proposal for Hazardous Waste Services

3. Ocean Blue Environmental Services, Inc. Proposal

4. General Services Agreement with Ocean Blue Environmental Services, Inc.

5. CEQA Notice of Exemption Form

6. Consultant Price Lists From Proposals
Notification:

All proposers.
354
RESOLUTION NO. 25-171

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, AWARDING A THREEYEAR GENERAL SERVICES AGREEMENT FOR

HAZARDOUS WASTE RESPONSE, CLEANUP, REMOVAL

AND DISPOSAL ENVIRONMENTAL ON-CALL SERVICES
TO OCEAN BLUE ENVIRONMENTAL SERVICES, INC.,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT FOR A TOTAL AMOUNT NOT TO EXCEED
$120,000, WITH TWO ADDITIONAL ONE-YEAR OPTIONS

NOT TO EXCEED CITY COUNCIL APPROVED

BUDGETED AMOUNTS, AND FINDING THE ACTIONS

CATEGORICALLY EXEMPT UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS
30 OF THE STATE CEQA GUIDELINES SECTION 15330
(14 CCR SECTION 15330, MINOR ACTIONS TO

PREVENT, MINIMIZE, STABILIZE, MITIGATE OR

ELIMINATE THE RELEASE OR THREAT OF RELEASE OF

HAZARDOUS WASTE OR HAZARDOUS SUBSTANCES)
WHEREAS, unforeseen hazardous waste situations occur, and these materials must be kept from the City’s storm drain system to comply with the City’s Clean Ocean Program and the Clean Water Act. The public must also be protected from exposure to these materials in order to preserve public health; and WHEREAS, the City requires on-call hazardous waste cleanup services to be performed by a licensed contractor that is available 24 hours a day, 365 days a year for these specialized services and also requires scheduled non-emergency pickup and disposal of hazardous waste, and this on-call or scheduled coverage allows the City to maintain compliance with regulations regarding the cleanup and disposal of hazardous waste within the public right of way from materials or liquids, such as, gasoline, oils, pesticide chemicals, bio-waste (including blood and tissue), paints, and miscellaneous chemical spills after accidents or due to improper disposal or storage; and
WHEREAS, in August 2025, staff posted a Request for Proposal on PlanetBids for Hazardous Waste Response, Cleanup, Removal and Disposal Environmental OnCall Services, and on September 3, 2025, the City received five responsive proposals; and
WHEREAS, Utilities staff reviewed the proposals received, and conducted interviews with the five proposers, and is recommending Ocean Blue Environmental Services, Inc. for a new General Services Agreement based on their professional knowledge of the requirements in collecting and disposing hazardous waste, ease of scheduling, and previous experience.

Attachment 1
355
Resolution No. 25-171 Page 2
NOW, THEREFORE, The City Council of the City of San Clemente does hereby resolve as follows:

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

SECTION 2. That based on a review of the entire record as a whole, these actions are categorically exempt from the California Environmental Quality Act (CEQA) under Class 30 of the state CEQA Guidelines Section 15330 (14 CCR Section 15330, Minor Actions to Prevent, Minimize, Stabilize, Mitigate or Eliminate the Release or Threat of Release of Hazardous Waste or Hazardous Substances) because they consist of any minor cleanup actions taken to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of a hazardous waste or substance which are small or medium removal actions costing $1 million or less.

SECTION 3. That a three-year General Services Agreement for Hazardous Waste Response, Cleanup, Removal and Disposal Environmental On-Call Services with two optional one-year extensions is hereby awarded to Ocean Blue Environmental Services, Inc.

SECTION 4. That the City Manager is authorized and directed to execute a General Services Agreement with Ocean Blue Environmental Services, Inc. for an amount not to exceed $120,000 total over the initial three-year term in a form substantially similar to that presented to City Council on November 4, 2025.

SECTION 5. That the City Manager is authorized to approve up to two, one-year extensions to such Agreement that do not exceed the City Council approved budgeted amounts for each fiscal year.

SECTION 6. That the City Manager or his designee are authorized and directed to take such actions and execute such other and further documents as may be necessary to accomplish the purposes of this resolution and implement the projects.

SECTION 7. 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
356
Resolution No. 25-171 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. 25-171 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
357
_

CITY OF SAN CLEMENTE

REVISED

REQUEST FOR PROPOSAL
INVITATION # UT 2526-01

HAZARDOUS WASTE

RESPONSE, CLEANUP, REMOVAL AND DISPOSAL

ENVIRONMENTAL ON-CALL

SERVICES CONTRACT
REVISED AUGUST 7, 2025

CITY OF SAN CLEMENTE

UTILITIES DIVISION
380 AVENIDA PICO, BLDG. N
SAN CLEMENTE, CA 92672
PHONE: (949) 361-6198
Attachment 2
358

CITY OF SAN CLEMENTE

REQUEST FOR PROPOSAL

HAZARDOUS WASTE

RESPONSE, CLEANUP, REMOVAL AND DISPOSAL

ENVIRONMENTAL ON-CALL

SERVICES CONTRACT
REVISED AUGUST 7, 2025
Prospective Contractors:

The City of San Clemente (City) is interested in receiving proposals from Professional Services Contractors (Contractors) for a Hazardous Waste Response, Cleanup, Removal and Disposal Environmental On-Call Services Contract as described in detail in this Request for Proposal (RFP).

Schedule of Events from Issuance of the RFP to Award of Contract:

THIS SECTION WAS REVISED ON AUGUST 7, 2025
Note: Only the schedule and due dates were revised in the document.

Issue RFP August 6, 2025 &
August 7, 2025 – Revised
Written Inquiries Due (Via PlanetBids) August 20, 2025 – 4:00 p.m.

Proposals Due (Via PlanetBids) September 3, 2025 – 4:00 p.m.

Proposal Reviews September 3 - 5, 2025
Interviews & Selection September 11, 2025 (tentative)
City Council Award October 7, 2025 (estimated)
City Point of Contact:

The sole source of contact regarding this RFP is Julie Schmidt, Sr. Management Analyst (949) 361-6198. Individuals or firms interested in submitting a proposal are asked not to contact other members of the City of San Clemente staff or Councilmembers in connection with the RFP prior to the announcement of the consultant selected. 359
360

CITY OF SAN CLEMENTE

REQUEST FOR PROPOSAL

HAZARDOUS WASTE

RESPONSE, CLEANUP, REMOVAL AND DISPOSAL

ENVIRONMENTAL ON-CALL

SERVICES CONTRACT

TABLE OF CONTENTS
INTRODUCTION..............................................................................................................1 BACKGROUND................................................................................................................1 PROJECT OBJECTIVES & REQUIREMENTS...............................................................2 DELIVERABLES ..............................................................................................................3 INSTRUCTIONS & CONDITIONS..................................................................................4 PROPOSAL FORMAT & CONTENT ..............................................................................6 SUMMARY OF ADDITIONAL REQUIREMENTS .......................................................9

EXHIBITS

1. Sample General Services Agreement (GSA) – the selected contractor will be required to execute a General Services Agreement with the City. 361
1 CITY OF SAN CLEMENTE

REQUEST FOR PROPOSAL

HAZARDOUS WASTE

RESPONSE, CLEANUP, REMOVAL AND DISPOSAL

ENVIRONMENTAL ON-CALL

SERVICES CONTRACT
Background about the City and the project, as well as information about the Scope of Work to be undertaken are discussed in this section of the RFP.

A. INTRODUCTION
The City of San Clemente is located in the County of Orange in Southern California. The City encompasses 18.45 square miles and has a population of approximately 66,245. The City of San Clemente Utilities Division oversees and maintains the daily operations of the water, sewer, storm drain, clean ocean, and solid waste divisions.

The City of San Clemente is seeking proposals from qualified contractors to provide hazardous waste on-call response, cleanup, removal and proper legal disposal for the City’s hazardous waste response needs. This request for proposal (RFP) provides interested qualified firms with the information enabling them to submit a Proposal to provide the services described herein.

B. BACKGROUND
The City of San Clemente is seeking qualified contractors available to provide 24 hour/365 days per year as-needed hazardous waste response, clean-up removal, and disposal services. This on-call or scheduled coverage will allow the City to maintain compliance with regulations regarding the cleanup of hazardous waste such as, but not limited to, gasoline, oils, pesticide chemicals, bio-waste (including blood and tissue), paints, and miscellaneous chemical spills after accidents or due to improper disposal. All of these types of materials must be kept from the City’s stormdrain system, in keeping with the City’s Clean Ocean Program and Clean Water Act. The public must also be protected from exposure to these materials in order to preserve the public health.
362
2 Contract
Upon completion of the selection process, the selected consultant will be awarded a contract agreement. The contract term is anticipated to commence after City Council award of the contract and upon receipt and approval of all required insurance documents. All services provided, and all payments made for services, shall be in accordance with the executed contract agreement.

Interested firms need to provide pricing information for an initial three year contract. The initial contract will be for a three-year period and may include the option for two, one-year extensions after the initial three year period with approval of the City and the Contractor.

C. PROJECT OBJECTIVES & REQUIREMENTS
Directly related objectives include: On-call, as-needed, cleanup and proper disposal of hazardous materials related to human waste, crime scenes, vehicular accidents, or improper dumping within the City. Biohazards are also of concern, requiring special training and equipment currently not part of the City’s inventory or professional expertise.

Contractors must warrant that: They understand the currently known hazards, which are presented to persons, property and the environment in the handling, transportation, storage and disposal of the described waste materials; they will transport, store, handle and dispose of such material in full compliance with all governmental laws, requirements, and regulations; they will provide properly trained and certified employees for the safe handling, transport and disposal of described hazardous materials and assume complete responsibility for the competency, judgment, and actions of said employees at all times; the Contractor and associated handling facilities and companies used by Contractor for storage, disposal, transport, and handling of hazardous materials are properly permitted and licensed under federal, state and local laws to conduct activities agreed to.

Prevailing Wages
By submitting a Proposal, the Contractor certifies that it 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. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation will be $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make copies of the 363
3 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.

Department of Industrial Relations Registration
Since the services will be 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.

D. DELIVERABLES
The Contractor will be responsible for providing on-call hazardous waste response, clean-up, removal and disposal services including all legal paperwork required for proper legal disposal thereof, for a fixed hourly cost as provided in the proposal to include prevailing wage requirements.

The Contractor must clearly note in the proposal the prevailing wage rates for each type of classification of staff to perform work under the contract, using the associated prevailing wage rates in place at the time the proposal is prepared. It is understood that when the California Department of Industrial Relations modifies prevailing wage rates, the current rates must be used for this contract. Once annually, on a date to be determined and agreed to by the Contractor and the City, Contractor shall provide current prevailing wage rates as applicable to the contract.
364
4 CITY OF SAN CLEMENTE

REQUEST FOR PROPOSAL

HAZARDOUS WASTE

RESPONSE, CLEANUP, REMOVAL AND DISPOSAL

ENVIRONMENTAL ON-CALL

SERVICES CONTRACT

INSTRUCTIONS AND CONDITIONS
The following instructions and conditions apply to this RFP:

A. GENERAL CONDITIONS

1. Pre-Contractual Expenses
Pre-contractual expenses are defined as expenses incurred by the Professional Services Contractor (Contractor) in:
• Preparing a proposal in response to this RFP
• Submitting that proposal to the City of San Clemente
• Negotiating with the City of San Clemente on any matter related to this RFP, proposal and/or contractual agreement
• Any other expenses incurred by the Contractor prior to the date of an executed contract
The City of San Clemente shall not, in any event, be liable for any precontractual expenses incurred by any Contractor. In addition, no Contractor shall include any such expenses as part of the price proposed to conduct the scope of work for this project.

2. Authority to Withdraw RFP and/or Not Award Contract
The City of San Clemente reserves the right to withdraw this RFP at any time without prior notice. Further, the City makes no representations that any agreement will be awarded to any Contractor responding to this RFP.

The City expressly reserves the right to postpone the opening of proposals for its own convenience and to reject any and all proposals in response to this RFP without indicating any reasons for such rejection(s). 365
5 3. Pricing Approach
The City of San Clemente intends to award a fixed price hourly contract for the conduct of this on-call service. In no event shall the City pay an amount in excess of the total dollar value negotiated in the contractual agreement with the successful Contractor.

4. Right to Reject Proposals
The City of San Clemente reserves the right to reject any or all proposals submitted. Any award made for this engagement will be made to the Contractor which, in the opinion of the City, is best qualified to conduct the project.

5. Proposal Evaluation Criteria
Proposals will be evaluated on the basis of their response to all provisions of this RFP. The City of San Clemente may use some or all of the following criteria in its evaluation and comparison of proposals submitted.

The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance:
a. Previous experience
b. Demonstrated record of success on work previously performed for the City or similar work performed for others
c. Project Lead
d. Educational background of project lead and staff
e. Staff to perform work within the specified time
f. Methodology proposed to accomplish the work
g. Ability to work effectively with City staff, other public agencies and related parties as directed
h. Pertinent new ideas which may be presented during the course of the selection process
i. Adequate knowledge of local conditions
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6 j. Availability, experience and knowledge of all subcontractors hired to complete the job
k. Additional work performed by the Contractor which may have a direct and substantial physical relationship or conflict to the proposed project l. Retention of original Contractor on projects modified due to the original Contractor’s detailed knowledge of the work or on the grounds of cost m. Previous history of completing projects within budget n. Ability to furnish adequate and effective project supervision o. Hourly cost (in detail) including equipment and type of hazardous response provided by the Contractor in the proposal.

B. PROPOSAL FORMAT AND CONTENT
Proposals should be typed as brief as possible. They should not include any elaborate or unnecessary promotional material. The following order and content of proposal sections should be adhered to by each Contractor.

1. Cover Letter
A cover letter not to exceed three pages in length should summarize key elements of the Contractor’s proposal. The letter must be signed by an individual authorized to bind the 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 Contractor’s office located nearest to San Clemente, California, and the office from which the project will be managed.

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

II. Methodology(ies)
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7 This section should clearly describe the methodology or methodologies you plan to use to carry out the specific work tasks described in the Work Plan.

III. Work Plan
Describe the sequential work tasks you plan to carry out in accomplishing this project. Indicate all key deliverables and their contents.

IV. Project Organization and Staffing
Describe your approach and methods for managing the project.

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.

V. Related Experience
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.

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.

VI. Project Schedule
Provide a schedule for removal of waste materials from City property with waste material to remain no longer than 5 business days from the time of the operation.

VII. Cost Data
Provide in detail, the hourly rates for staff time, materials, and equipment that will be used for the project including prevailing wage requirements.

VIII. Statement of Compliance
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8 Contractors 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 Contractor must include:

1. The suggested change in the RFP or rewording of the
contractual obligations.

2. Reasons for submitting the proposed exception or
change.

3. Any impact the change or exception may have on
project costs, scheduling or other considerations.

IX. Other Information
Include any other information you consider to be relevant to the proposal.

X. Consultant agrees that in carrying out its responsibilities under this agreement, and in particular with regard to the employment of persons and sub-contractors working on the project, it will not discriminate on the basis of race, color, creed, national origin, religion, sex, age, or handicap. In the event any of the work performed by consultant hereunder is sub-contracted to another person or firm (with approval of the City as required herein), subcontract shall contain a similar provision. 369
9 SUMMARY OF ADDITIONAL REQUIREMENTS
Insurance Coverage
Prior to commencement of any project activities, consultant is to secure worker's compensation insurance, so as to be in compliance with State statutes and comprehensive general liability insurance, including auto and contractual liability coverage, in an amount not less than $1 million, as well as professional liability insurance, pollution liability insurance, and cyber liability insurance.

Please refer to Exhibit “C”, Insurance Requirements in the attached sample General Services Agreement for detailed information regarding insurance requirements.

City of San Clemente Business License
The selected Contractor will be required to have a current City business license as part of the Agreement. Please contact the City’s Business License office at (949) 361-6166 for additional information.
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CITY OF SAN CLEMENTE

SAMPLE GENERAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of _______________, 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 [INSERT NAME OF COMPANY], a [INSERT TYPE OF BUSINESS; I.E.,

CORPORATION (INCLUDE STATE OF INCORPORATION), LIMITED LIABILITY COMPANY, SOLE PROPRIETORSHIP, ETC.], with its principal place of business at [INSERT ADDRESS] ("Consultant/Contractor"). City and Consultant/Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant/Contractor.

Consultant/Contractor desires to perform and assume responsibility for the provision of certain general [INSERT TYPE] services required by the City on the terms and conditions set forth in this Agreement. Consultant/Contractor represents that it is experienced in providing general [INSERT TYPE] 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/Contractor to render such professional [INSERT TYPE] general services for the [INSERT NAME OF PROJECT, AND CONTRACT NUMBER, IF APPLICABLE] 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/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 general [INSERT TYPE] 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 [INSERT DATE] to [INSERT DATE], or until the Services are satisfactorily performed, unless earlier terminated as provided herein. The City Manager or his or her designee shall have the unilateral option, at at his/her sole discretion, to renew this Agreement automatically for no more than [INSERT NUMBER] additional one-year terms. Consultant/Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

EXHIBIT 1
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3.2 Responsibilities of Consultant/Contractor.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant/Contractor or under its supervision.

Consultant/Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant/Contractor on an independent contractor basis and not as an employee. Consultant/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 Consultant/Contractor shall also not be employees of City and shall at all times be under Consultant/Contractor'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/Contractor or any of Consultant/Contractor's officers, employees, or agents, except as set forth in this Agreement. Consultant/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. Consultant/Contractor 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/Contractor nor Consultant/Contractor'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/Contractor 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/Contractor'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/Contractor 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/Contractor'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/Contractor 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/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.

Consultant/Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant/Contractor's conformance with the Schedule, City shall respond to Consultant/Contractor's submittals in a timely manner. Upon request of City, Consultant/Contractor shall provide a more detailed schedule of anticipated performance to meet 372
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the Schedule of Services.

3.2.4 Endorsement on PS&E/ Other Data. Consultant/Contractor shall sign all plans, specifications, estimates (PS&E) and engineering data furnished by Consultant/Contractor, and where appropriate will indicate Consultant/Contractor’s authorized signature and professional registration number.

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

3.2.6 Substitution of Key Personnel. Consultant/Contractor 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/Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant/Contractor 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/Contractor at the request of the City. The key personnel for performance of this Agreement are as follows: [INSERT NAME AND TITLE].

3.2.7 City's Representative. The City hereby designates [INSERT NAME AND TITLE], 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/Contractor but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant/Contractor 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/Contractor's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant/Contractor 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/Contractor's Representative. Consultant/Contractor hereby designates [INSERT NAME AND TITLE], or his/her designee, to act as its representative for the performance of this Agreement ("Consultant/Contractor's Representative").

Consultant/Contractor's Representative shall have full authority to represent and act on behalf of the Consultant/Contractor for all purposes under this Agreement. The Consultant/Contractor'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/Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Consultant/Contractors and other staff at all reasonable times.

3.2.10 Standard of Care; Performance of Employees. Consultant/Contractor 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/Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant/Contractor warrants that all 373
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employees and subconsultant/subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant/Contractor represents that it, its employees and subconsultants/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, Consultant/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 Consultant/Contractor's failure to comply with the standard of care provided for herein. Any employee of the Consultant/Contractor or its subconsultants/subcontractors 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/Contractor 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/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. Consultant/Contractor shall be liable for all violations of such laws and regulations in connection with Services. If Consultant/Contractor performs any work knowing it to be contrary to such laws, rules and regulations, Consultant/Contractor shall be solely responsible for all costs arising therefrom.

Consultant/Contractor 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/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 Consultant/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, 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 subconsultant/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.

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

3.3 Fees and Payments.

3.3.1 Compensation. Consultant/Contractor 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 [INSERT AMOUNT WRITTEN OUT] ($[INSERT NUMBER]) 374
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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.

3.3.2 Payment of Compensation. Consultant/Contractor shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant/Contractor. 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/Contractor's fees, the City shall give written notice to Consultant/Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.3 Reimbursement for Expenses. Consultant/Contractor 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/Contractor 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/Contractor 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/Contractor 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/Contractor agrees to fully comply with such Prevailing Wage Laws. Consultant/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 Consultant/Contractor's principal place of business and at the project site. Consultant/Contractor 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 applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant/Contractor and all subconsultants/subcontractors must be registered with the Department of Industrial Relations (“DIR”). Consultant/Contractor shall maintain registration for the duration of the project and require the same of any subconsultants/subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant/Contractor’s sole 375
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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/Contractor 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/Contractor 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/Contractor 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/Contractor, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Consultant/Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant/Contractor shall be compensated only for those services which have been adequately rendered to City, and Consultant/Contractor shall be entitled to no further compensation. Consultant/Contractor 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/Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant/Contractor in connection with the performance of Services under this Agreement. Consultant/Contractor 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/Contractor:[INSERT BUSINESS NAME]
[INSERT STREET ADDRESS]
[INSERT CITY STATE ZIP]
ATTN: [INSERT NAME AND TITLE]
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
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ATTN: Laura Campagnolo, City Clerk and [INSERT
NAME AND TITLE]
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/Contractor under this Agreement ("Documents & Data").

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

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/Contractor in connection with the performance of this Agreement shall be held confidential by Consultant/Contractor. Such materials shall not, without the prior written consent of City, be used by Consultant/Contractor 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/Contractor which is otherwise known to Consultant/Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant/Contractor 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/Contractor’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/Contractor of its intention to release Proprietary Information. Consultant/Contractor shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant/Contractor's objection to the City's release of Proprietary Information. Consultant/Contractor 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 377
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receipt of the Objection Notice unless either: (1) Consultant/Contractor 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/Contractor 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/Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant/Contractor'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/Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant/Contractor, the City, its officials, officers, employees, agents, or volunteers.

3.5.6.2 If Consultant/Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant/Contractor’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/Contractor’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/Contractor, and, upon Consultant/Contractor obtaining a final adjudication by a court of competent jurisdiction, Consultant/Contractor’s liability for such claim, including the cost to defend, shall not exceed the Consultant/Contractor’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 Consultant/Contractors. City reserves right to employ other Consultant/Contractors in connection with this Project. 378
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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/Contractor 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/Contractor include all personnel, employees, agents, and subconsultants/subcontractors of Consultant/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.

3.5.14 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/Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant/Contractor, to solicit or secure this Agreement. Further, Consultant/Contractor 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/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.

3.5.19 Equal Opportunity Employment. Consultant/Contractor 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 379
10 55452.01100\31193624.5
advertising, layoff or termination. Consultant/Contractor 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.

3.5.20 Labor Certification. By its signature hereunder, Consultant/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 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/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.

3.5.22 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/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]
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11 55452.01100\31193624.5
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

CONSULTANT/CONTRACTOR:

By:_____________________________
(Name, Title)
Dated: _________________________
By:_____________________________
(Name, Title)
Dated: _________________________
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12 55452.01100\31193624.5
EXHIBIT "A"

SCOPE OF SERVICES
Consultant/Contractor shall perform the following services for the City (collectively, the “Services”) to the City’s satisfaction:
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EXHIBIT "B"

SCHEDULE OF SERVICES
Consultant/Contractor shall diligently perform the Services to the City’s satisfaction according to the timeframe(s) requested by the City within the term of the Agreement and shall meet all established schedules and deadlines.
383
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14 EXHIBIT “C”

INSURANCE REQUIREMENTS

3.2.12 Insurance.

3.2.12.1 Time for Compliance. Consultant/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, Consultant/Contractor shall not allow any subconsultant/subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant/subcontractor 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/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, Consultant/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 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/Contractor’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 384
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15 to respond to the duties and obligations as is undertaken by Consultant/Contractor in this agreement and 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/Contractor 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.

Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant/Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant/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. (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. 385
55452.01100\31193624.5
16 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.

3.2.12.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Consultant/Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant/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 subconsultants/subcontractors.

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/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, Consultant/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.

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/Contractor or City will withhold amounts sufficient to pay premium from Consultant/Contractor 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/Contractor acknowledges and agrees that actual or alleged failure on the part of the 386
55452.01100\31193624.5
17 City to inform Consultant/Contractor of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

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/Subcontractors.

Consultant/Contractor shall include all subconsultants/subcontractors engaged in any work for Consultant/Contractor relating to this Agreement as additional insureds under the Consultant/Contractor's policies, or the Consultant/Contractor shall be responsible for causing subconsultants/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 subconsultant/subcontractor's policies. All policies of Commercial General Liability insurance provided by Consultant/Contractor’s subconsultants/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. Consultant/Contractor shall not allow any subconsultant/subcontractor to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant/subcontractor’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant/Contractor shall provide satisfactory evidence of compliance with this section upon request of the City.
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18 EXHIBIT “D”

COMPENSATION
In full compensation for the Services rendered by the Consultant/Contractor under the Agreement, the City shall pay the Consultant/Contractor for actual work performed at the following hourly rates:
[INSERT RATE TABLE]
Maximum compensation under this Agreement shall not exceed $XX,XXX without the City’s prior written approval. There are no reimbursable expenses under this Agreement except as expressly provided below.
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19 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.

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____________________________________________________ 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.

Dated: ________________________________
________________________________
(“CONSULTANT/CONTRACTOR”)
By: ________________________________
________________________________
Title
________________________________
Address
389
TM
Proposal
Invitation #UT 2526-01
Hazardous Waste Response, Cleanup, Removal and
Disposal Environmental On-Call Services
City of San Clemente
Utilities Division
380 Avenida Pico, BLDG N
San Clemente, CA 92672
by 09/03/2023 @ 4:00 p.m.

Attachment 3
390
925 West Esther St.

Long Beach, CA 90813
Ph: (562) 624-4120
Fx: (562) 624-4127
♦ Long Beach ♦ ♦ San Diego ♦
Table of Contents
Cover Letter __________________________________________________________________ 1 Background & Apporach, Methodoly(ies), Work Plan________________________________ 2 Project Organization & Staffing, Related Experience ________________________________ 3 Schedule, Cost, Statement of Compliance & Agreement, Insurance, Business Lic. _______ 4 Other Information: Letters of Recommendation_____________________________________ 5 • City of Dana Point
• City of Irvine
• City of Santa Ana
• John Wayne Airport
• City of Garden Grove
• City of Long Beach
• City of Vernon
• City of Covina
• Port of Long Beach
• City of Inglewood
• City of Downey
• LAX
• Orange County Public Works
• City of Cerritos
• LA County Dept. of Beaches & Harbors
• City of Rancho Palos Verdes
• Board of Supervisors - Janice Hahn
• City of Paramount
• Neighbors
• Evaluation: Pasadena Water & Power (1st place – 12 yrs) • Evaluation: LA County Dept. of PW (1st place – 30 yrs) • Evaluation: Port of Los Angeles (1st place – 30 yrs)
• Evaluation: San Diego Airport (1st place – 30 yrs)
Other Information: Equipment, additional Resumes & Clients _________________________ 6 Other Information: Licenses, Small Business, Woman-minority owned business__________ 7 Other Information: Reviews for “Hazmat for dummies” class __________________________ 8 Tab No.
391
TAB - 1
392
♦ Long Beach ♦ ♦ San Diego ♦
September 2nd, 2025
City of San Clemente
Attn: Ms. Julie Schmidt – Senior Management Analyst
380 Avenida Pico, BLDG N
San Clemente, CA 92672
Re: Environmental On-Call Services
Dear Julie,
Perhaps you don’t know I grew up as a beach boy in Redondo Beach. Girls used to call me “surfer dude” in middle school. To say “I love my hometown” would be an understatement. In 2017 I got the opportunity to open a contract with Redondo Beach. Their administrator asked me for a selection of contracts to potentially copy. As I regularly do, I offered them our LA County or Port of LA contracts (large contracts for terms & pricing). Surprisingly they said they wanted a different contract to copy; “someone who better represents Redondo’s small surfer town”. At the time I didn’t know a ton about San Clemente, so I meekly offered your contract. The administrator was ecstatic to have San Clemente on the menu. What I want to say is, Ocean Blue’s first contract with my beloved hometown was piggybacked off of San Clemente.

For this proposal, I rode my bike to San Diego and camped on the San Clemente Beach. By bicycle, I wanted to see how much San Clemente resembled my hometown. I was skeptical riding through Laguna Beach & Dana point. Their cultures were different: more posh, more Orange County than anything. I asked myself if San Clemente would be more of the same. Then I rode through your maze of residential streets, and landed on the locally-loved, yet simple pier. I purchased band-aids at your CVS for my foot’s peeling skin, where the cashier was eager to hear about my day. I washed the sweat from the day’s ride on your beach’s showers. At night, a drunk treasure hunter struck up a conversation with me on the beach—supposedly I’m featured on his youtube channel somewhere. I saw my hometown in San Clemente. I felt at home.

Brass tacks: Julie, you know us. You know we got the city’s back. Many others may say this, but you know we’ve delivered for 10 years. As further testimony, I urge you to read our letters of recommendation in Tab 5. Additionally our proposed price will be valid for a period of at least 90 days. Everything will continue to be serviced from our Long Beach office at 925 West Esther St., Long Beach CA 90813. Our office number is 562.624.4120. 393
TAB - 2
394
925 West Esther St.

Long Beach, CA 90813
Ph: (562) 624-4120
Fx: (562) 624-4127
♦ Long Beach ♦ ♦ San Diego ♦

BACKGROUND
Founded 1994, Ocean Blue has become the premier hazardous waste contractor in Southern California. We hold the most municipal waste-management & emergency response contracts within Southern California. This is because we live & breathe a culture of environmental cleanup. On any given day we are responding to spills, drumming waste, transporting bins, cleaning underground stormdrain systems, cleaning homeless encampments, performing tanks pulls and pumping clarifiers.

We have the most experienced team of Hazmat Contractors in Southern California. All our personnel are trained, experienced and fully equipped to perform all tasks for this scope of work. Within our Long Beach office our project Managers—Ed Acosta, Ed Long and Chris Anguiano—each have decades of experience. And as a 24/7 Haz-Mat company in such a regulated industry, without a single environmental violation, our track record speaks for itself.

Ocean Blue pumping various clarifiers & sand traps along the coastline. We pump all the sumps within 1-2 days.

Ocean Blue does not own, nor is affiliated with any TSDF/Recycler. We believe a full-service environmental firm should not own a TSDF/Recycler. The ability to freely choose TSDF/Recycler disposal methods is essential to determine the most cost-effective, innovative way of disposing waste. Unlike other contractors we are free to shop for the most desirable disposal method for County waste. To ensure compliance with all applicable state & federal regulations we regularly audit every TSDF/Recycler we send waste to. We are well aware that some Southern Californian TSDFs were problematic and shut down to become government superfund sites. Since opening in 1995, we have never taken any client’s waste to these superfund sites. Some of our clientele include:

LOS ANGELES
L.A. Co. Department of Public Works– Hazmat ER & Waste Mgmt, Single Source 1995-Present L.A. Co. Department of Beaches & Harbors– Hazmat ER & Waste Mgmt 2015-Present L.A. Co. Department of Parks & Recreation – Hazmat ER & Waste Mgmt 2015-Present Port of Los Angeles – Hazmat ER & Waste Management 1998-Present 395
925 West Esther St.

Long Beach, CA 90813
Ph: (562) 624-4120
Fx: (562) 624-4127
♦ Long Beach ♦ ♦ San Diego ♦
Port of Long Beach – Hazmat ER & Waste Management 1998-Present Los Angeles World Airport – Hazmat ER & Waste Management, 2015-Present Van Nuys World Airport – Hazmat ER & Waste Management, 2017-Present Long Beach Airport– Hazmat ER & Waste Management, Single Source 1998-Present BNSF Railway – Hazmat ER & Waste Management, Single Source 2015-Present Cal Trans – Hazmat ER 1995-Present
Alameda Corridor Transit Authority – Hazmat ER & Waste Management 2017-Present City of Burbank – Hazmat ER & Waste Management, Single Source 2022-Present City of Bell – Hazmat ER & Waste Management, Single Source 2017-Present City of Bellflower – Hazmat ER & Waste Management, Single Source 2015-Present City of Carson – Hazmat ER & Waste Management, Single Source 1998-Present City of Cerritos – Hazmat ER & Waste Management, Single Source 2008-Present City of Commerce – Hazmat ER & Waste Management, Single Source 2017-Present City of Compton – Hazmat ER & Waste Management, Single Source 2017-Present City of Covina – Hazmat ER & Waste Management, Single Source 2018-Present City of Culver City – Hazmat ER & Waste Management, Single Source 2013-Present City of Downey – Hazmat ER & Waste Management, Single Source 2015-Present City of Duarte – Hazmat ER & Waste Management, Single Source 2019-Present City of El Segundo – Hazmat ER, Catch Basin cleaning & CPS installation 2016-Present City of Glendora – Hazmat ER & Waste Management, Single Source 2019-Present City of Hawthorne– Hazmat ER & Waste Management, Single Source 2012-Present City of Hawaiian Gardens – Hazmat ER & Waste Management, Single Source 2018-Present City of Industry – Hazmat ER & Waste Management, Single Source 2019-Present City of Inglewood – Hazmat ER & Waste Management, Single Source 2007-Present City of Lakewood – Hazmat ER & Waste Management, Single Source 2013-Present City of Long Beach – Hazmat ER & Waste Management, Single Source 1998-Present City of Manhattan Beach – Hazmat ER & Waste Management, Single Source 2021-Present City of Monterey Park – Hazmat ER & Waste Management, Single Source 2019-Present City of Montebello – Hazmat ER & Waste Management, Single Source 2019-Present City of Norwalk – Hazmat ER & Waste Management, Single Source 2015-Present City of Pasadena – Hazmat ER & Waste Management, Single Source 2008-Present City of Pico Rivera – Hazmat ER & Waste Management, Single Source 2018-Present City of Rancho Palos Verdes – Hazmat ER & Waste Management, Single Source 2018-Present City of Redondo Beach – Hazmat ER & Waste Management, Single Source 2017-Present City of Santa Fe Springs – Hazmat ER & Waste Management, Single Source 2017-Present City of Signal Hill – Hazmat ER & Waste Management, Single Source 1997-Present City of South Gate – Hazmat ER & Waste Management, Single Source 2019-Present City of Thousand Oaks – Hazmat ER & Waste Management, Single Source 2018-Present City of Torrance – Hazmat ER & Waste Management, Single Source 2015-Present City of West Hollywood – Hazmat ER & Waste Management, Single Source 2001-Present City of Whittier – Hazmat ER & Waste Management, Single Source 2018-Present 396
925 West Esther St.

Long Beach, CA 90813
Ph: (562) 624-4120
Fx: (562) 624-4127
♦ Long Beach ♦ ♦ San Diego ♦
City of Vernon – Hazmat ER & Waste Management, Single Source 2019-Present City of Camarillo – Catch Basin cleaning 2016-Present
City of Menifee – Stormwater Management, Single Source 2016-Present City of Perris – Storm Water Management, Catch basin cleaning 2015-Present ORANGE
Orange County Public Works – Hazmat ER & Waste Management 2012-Present Orange County Sheriff’s Department – Hazmat ER & Waste Management 2012-Present John Wayne Airport – Hazmat ER & Waste Management, Single Source 2009-Present Cal Trans – Hazmat ER 1995-Present
Irvine Ranch Water District – Hazmat ER & Waste Management, Single Source 2004-Present Moulton Niguel Water District – Hazmat ER & Waste Management, Single Source 2018-Present South Coast Water District – Hazmat ER & Waste Management 2022-Present City of Aliso Viejo – Hazmat ER & Waste Management, Single Source 2019-Present City of Dana Point – Hazmat ER & Waste Management, Single Source 2023-Present City of Huntington Beach – Hazmat ER & Waste Management, Single Source 2017-Present City of Irvine – Hazmat ER & Waste Management, Single Source 2017-Present City of Garden Grove - Hazmat ER & Waste Management, Single Source 2000-Present City of La Mirada – Hazmat ER & Waste Management, Single Source 2019-Present City of La Palma – Hazmat ER & Waste Management, Single Source 2019-Present City of Laguna Beach – Hazmat ER & Waste Management 2022-Present City of Mission Viejo – Hazmat ER & Waste Management 2019-Present City of Placentia – Hazmat ER & Waste Management, Single Source 2019-Present City of San Clemente – Hazmat ER & Waste Management, Single Source 2016-Present City of Santa Ana – Hazmat ER & Waste Management 2009-Present City of Tustin – Hazmat ER & Waste Management, Single Source 2017-Present City of Westminster – Hazmat ER & Waste Management, Single Source 2011-Present

SAN DIEGO
Port of San Diego – Hazmat ER & Waste Management 1999-Present San Diego Airport- Hazmat ER & Waste Management, Single Source 1999-Present San Diego County – Hazmat ER & Waste Management 1999-Present City of Encinitas – Hazmat ER 1999-Present
City of La Mesa – Hazmat ER 2019-Present
City of National City – Hazmat ER 2015-Present
City of Chula Vista – Hazmat ER 2015-Present
Helix Water District– Hazmat ER 2019-Present
A full list of municipal & private clientele is available upon request 397
925 West Esther St.

Long Beach, CA 90813
Ph: (562) 624-4120
Fx: (562) 624-4127
♦ Long Beach ♦ ♦ San Diego ♦
APPROACH: EMERGENCY RESPONSE
For nearly 30 years, many of Southern California’s largest waste generators relied on Ocean Blue for waste management & emergency response services. We understand the long-term liabilities & risks associated with waste handling, packaging, transportation, storage, recycling & disposal of hazardous and non-hazardous waste.

Our trusting relationships are what set us apart from competitors.

On average in the Southern California area, Ocean Blue responds to four emergency HAZMAT situations every day. We are one of the most experienced & well-equipped emergency responders, holding 60+ different ER contracts for various government agencies. Through the utilization of the most modern emergency response equipment and highly trained personnel, Ocean Blue responds quickly & professionally to a wide variety of emergency and nonemergency spill situations. Ocean Blue is known for fast and exemplary service. Clientele simply make one phone call to our dispatcher, and we respond with a supervisor & crew within (45) minutes, to any situation, on land or water, 24 hours a day, 7 days a week.

Ocean Blue is fully licensed, certified and trained to categorize hazardous wastes. Once the waste is categorized, we then package & transport the waste to a disposal facility. Some of the wastes we manage include:
i Asbestos, Crude Oil
i Fuels, gasoline, diesel
i Acids & Alkalines
i Ammonia solutions
i Lead & Mercury
i Oxidizers & Chlorine
i Polychlorinated Biphenyl’s (PCB)
i Sewage and biohazardous wastes
i Treated wood
Ocean Blue is a full hazardous waste management service company Our income is derived from providing excellent service to our clients, not from disposal fees. We are not owned by, nor own a TSDF, and do not have any agreement with any TSDF to exclusively deliver waste to. Because we are not limited to any specific TSDF, we can help our clients choose the best disposal or recycling facilities for their needs. Furthermore, we will always choose the most environmentally friendly solution whenever possible. In choosing an appropriate TSDF, we consider the following: our client’s disposal requirements, facility compliance and financial stability, disposal methods offered, pricing, and inspection/audit results. 398
925 West Esther St.

Long Beach, CA 90813
Ph: (562) 624-4120
Fx: (562) 624-4127
♦ Long Beach ♦ ♦ San Diego ♦
APPROACH: EMERGENCY RESPONSE (CONTINUED)
During a spill, time is of the essence: initial containment is critical to spill cleanup. To ensure we are always ready to respond, our workforce employs the most 1st-responder supervisors in Southern California. All supervisors are assigned their own utility truck (which they take home). Supervisors respond directly to the spill site, not from Ocean Blue’s yard—effectively streamlining response time. All our supervisors carry sandbags, sorbent materials, brooms and shovels to assist in containing the spill.

Unidentified Waste: Our supervisors can categorize unknown liquid/solids—in the field—at a moment’s notice. Once categorized, we package & transport the waste to a local TSDF. Our direct reading instruments are 100% owned & properly calibrated by in-house trained personnel. These instruments include:
• Mercury vapor analyzers,
• Ammonia vapor analyzers,
• Hydrogen Sulfide Monitors
• Intrinsically safe personnel monitors
With these instruments readily available, we can ensure a timely response. Furthermore, clients save money by not paying extra laboratory surcharges with high 24-hour turn around costs. All our Emergency Response Units contain a multi-step Hazardous Categorization Kit.

Trauma Scene Cleanup: Blood spills and trauma scenes are everyday occurrences for Ocean Blue. We work with Sheriff’s departments and other law enforcement agencies to block off trauma scenes from the public. We are fast, efficient, discrete and cost effective. We service the City of Long Beach, the Ports, Orange County, Cal Trans and more with 24/7 trauma scene cleanup services. Our teams know to preserve potential evidence—bullets & crime paraphernalia. From sanitizing, to paperwork, to transportation, to decontamination, to disposal, Ocean Blue is your turnkey company for trauma scene cleanup and biohazardous disposal.

Our fleet of dedicated 1st
responder Supervisor utility
trucks. These trucks are
assigned to each supervisor
(which they take home)
Below: Spills in various locations
Intrinsically safe personnel monitors
With these instruments readily available, we can ensure a timely • PID meters
• 4-gas meters
• OVA Monitor
399
925 West Esther St.

Long Beach, CA 90813
Ph: (562) 624-4120
Fx: (562) 624-4127
♦ Long Beach ♦ ♦ San Diego ♦
APPROACH: WASTE MANAGEMENT
For the last 28 years, large Californian waste generators trusted Ocean Blue for their waste management. We understand the long-term liabilities associated with waste handling, packaging, transportation, recycling and disposal of hazardous and non-hazardous waste. This includes the removal & excavation of contaminated debris, laboratory packing of chemicals, packaging and consolidating hazardous materials, identifying and packaging unidentified materials, characterizing and profiling of waste, and transportation. Our Industry is one of the most regulated industries in the United States. Unfortunately willful violations are high in this industry, however Ocean Blue has never been in violation of DTSC, EPA, OSHA or any other regulatory agencies regulations. We encourage you to verify our status at: dtsc.ca.gov/hw-projects/enforcement-cases.

Labpacking Services: Ocean Blue is one of the largest labpacking companies in Southern California. We labpack approximately 200 drums a week. Our field chemists regularly identify, segregate and classify all types of hazardous wastes. At any time, drum inventory sheets are available for inspection. All drum labeling, marking and manifesting are done in full compliance with current EPA, DOT and State regulations.

All of our Clientele’s waste is identified, separated,
consolidated & packaged into proper shipping
containers. Waste oil, oil filters, used & mixed fuels, lightbulbs, electronic waste, batteries and oily debris are sent to local TSDFs (preapproved by our waste router) for
disposal/recycling. Once the waste area is cleaned, we
replace the container’s waste labels and record the new waste accumulation start dates. The proper storage &
labeling of drums is vital to maintaining DTSC
compliance. Additionally, Ocean Blue removes used
absorbent and replaces it with new absorbent material,
pressure washes the interior & exterior, and any possible remaining stains in the vicinity.

Ocean Blue is fully licensed, certified and trained to categorize hazardous wastes. Once the waste is categorized we package & transport the waste to a disposal facility. Some of the wastes we manage include:
• Asbestos
• Crude oil
• Fuel oil
• Mineral Oils
• Gasoline & Diesel
• Acids/Alkalines incl. Ammonia
• Polychlorinated Biphenyl’s (PCB)
• Lead & Mercury
• Ferric Chloride & Chlorine
• Waste Tires & Treated Wood
• Biologically hazardous waste
• Sewage and other regulated wastes
• Antifreeze, Paints, Thinners
• Pesticides, Herbicides, Rodenticides
• Electronic Waste
400
925 West Esther St.

Long Beach, CA 90813
Ph: (562) 624-4120
Fx: (562) 624-4127
♦ Long Beach ♦ ♦ San Diego ♦
APPROACH: SANITATION & BIO
Ocean Blue responds to sewer malfunctions all over southern California. We are familiar with all types of sewer infrastructure:
septic tanks, leach fields, sewer lines and wet-wells. For one client alone—Los Angeles County Dept. of Beaches &
Harbors—we pump and transport 200,000+ gallons of solid sewage annually. We’ve also responded to a call out from the City of Los Angeles Sanitation department, collecting 6M gallons of sewage from a main line rupture. We stayed around the clock until the leak could be addressed, and a bypass was installed.

Similarly for the City of San Diego, we were on site for 8-days collecting 12M+ gallons of sewage to make sure their retention basin did not over flow.

We are fully permitted & licensed to cleanup, transport, and offload sewage by the Los Angeles County Dept. of Sanitation and the Dept. of Public Health. All sewage loads are sent to the sanitation treatment plant in Carson, CA. After a typical cleanup, municipal agencies often task Ocean Blue to hydrojet the sewer line to clear any blockage. Oftentimes to hydrojet effectively we need to use a variety of plugs to redirect water flow. In more extreme cases, bypass pumps are used when a sewer system is completely shut down for repair. Any CCTV will be provided by our subcontractor National Plant Services.

Our fleet include the following types:
• 5,000G Vacuum Trucks (Black Iron & Stainless)
• 3,500G Vacuum Vactors
• 3,000G Vacuum Supersuckers
• 2,500G Hydro-Jetters
• 1,000G Vacuum Trailers
• 1,000G Mounted Vacuum Class C trucks
Drivers: Our commercial drivers are qualified & experienced for the waste transportation industry. All drivers must maintain clean 10-year records, regularly checked by our DMV-pull program (also annually vetted by our insurance carriers). We even offer hands-on training for employees to receive their commercial class A license with hazardous & tanker’s endorsements. By the training’s end we are 100% confident our drivers follow correct DOT, CHP, DTSC, EPA and OSHA protocols. And per regulation, we carry Haz/non-haz waste manifests, SDS, and BOLs.
401
925 West Esther St.

Long Beach, CA 90813
Ph: (562) 624-4120
Fx: (562) 624-4127
♦ Long Beach ♦ ♦ San Diego ♦

WORK PLANS
We’ve served Southern California consistently for 30+ years. Many are already familiar with Ocean Blue’s high-level of service. For anyone new, the following pages contain schedules, procedures, techniques and methods that will be employed in meeting the objectives outlined in the scope of work. We will cover:

1. Abandoned Waste Pick-up

2. Spills Above Ground

3. Spills Underground

4. Biohazardous Cleanups
Additional work plans are available upon request.

Contact Info: 562.624.4120 / 800.990.9930. Our live dispatch is available 24/7.

Location: Strategically located on the 710 freeway, we can quickly access the 405, 91 and 105 fwys. (We are known for our response times—see letters of Rec) TSDFs:

We work with several qualified TSDFs and recyclers. Ocean Blue has never transported a client’s waste to an unauthorized TSDF or superfund site. If there is an issue with a TSDF, the agency will be notified right away, and waste will be routed to another facility.

Job walks: Job walks are performed free of cost.

Classes: 2-hr “Hazmat for dummies” classes are popular and free of cost (see pictures below). 402
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T M ABANDONED WASTE PICKUPS
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T M SPILLS ABOVE GROUND
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PRESSURE

WASHING METHOD
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METHOD
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Obtain signatures and
distribute copies to agency
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shipping labels, work tickets
Transport bulk liquid to
TSDF and solids to OB yard
for later disposal to TSDF
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shipping labels, work tickets
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Mail Copies to DTSC
Mail Copies to DTSC

PRESSURE WASHING
METHOD

JETTING
METHOD

FLUSHING
METHOD
Set up sandbag containment
downstream.

Begin flushing (use hot
water if needed).

Vaccuum release water at
containment location.

Continue flushing as-needed.
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(if necessary).
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and tailgate safety meeting.

Test atmosphere with 4-gas
meter. Hole-watch is CPR trained
Vent system with intrinsically
safe coppus blower.

Set up tripod with duel winches
and enter system. Egress setup.

Set up sandbag containment
and pressure wash the system.

Remove sandbag containment.

Prepare waste shipment.

Transport and off-load
bulk liquid at disposal site
Set up sand bag containment
downstream.

Vaccuum release water at
containment location.

Continue jetting as-needed.

Inspection & approval of
cleanliness by agency.

Setup jetter downstream and
begin high-pressure jetting
upstream.

Transport Solids to OB yard
for later TSDF disposal
Mail manifest copies to
DTSC
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Conduct Tailgate Safety Meeting.

If boom is dirty
dispose accordingly
Boom off outfall egress. Multiple layers if necessary.

Lay down abosorbent pads as additional containment.

Leave boom/pads for 1-2 days in case if contaminant
reappears. Intermittently check boom. Adjust for tides.

Based on spill site, use underground drain maps
to determine the associating outfall.

Mobilize second team to outfall. Boats, boom (soft &
hard) may be necessary. Tailgate safety meeting.

If boom absorbs contaminants. Switch out with
clean boom until all contaminants are abosrobed.

If boom is clean
dispose in trash
Agency calls Ocean Blue’s 24/7 dispatch. Obtain information on spill location, system size, area of decontamination & cleaning method.

SPILLS UNDERGROUND T M
Based on spill site, use underground drain maps
containment location.

Continue flushing as-needed.
405

T M BIOHAZARDOUS CLEANUPS

BLEACH / PRESSURE

WASHING METHOD
Set up containment with
sand bags at lower end
Spray Bleach Solution to contaminated
areas, and wait 20 minutes
for solution to work
Pressure wash the area & recover
with vacuum equipment

BLEACH / ABOSRBENT
METHOD
Spray Bleach Solution to contaminated
areas, and wait 20 minutes
for solution to work
Pick up contaminated bleach solution
using scrapper, rags or absorbent
Place them (including scrapper) into
bio-haz container
Complete paperwork,
obtain signatures and
distribute copies to rep.

Prepare Bio-Haz form,
bills of ladings
labels and work tickets
Transport bulk liquid
to TSDF and solids to OB yard
for later disposal to TSDF
Pressure wash the area & recover
with vacuum equipment
Prepare Bio-Haz form,
bills of ladings
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While Supervisor is in route, dispatcher calls technicians, additional materials and/or equipment Response time must be within 1-hour. If needed, Supervisor performs spill containment. 'VI[EVVMZIW(SR44)'SRHYGX8EMPKEXI7EJIX]1IIXMRK-QTPIQIRXXVEJɚGGSRXVSP %KIRG]GEPPW3GIER&PYIȪWSJɚGIHMVIGXP]JSVEWIVZMGIVIUYIWX This line is answered by an OB dispatcher 24/7.

While Supervisor is in route, technicians are dispatched. Supervisor may call technicians to bring additional materials and/or equipment. Response time must be within 1-hour. 406
TAB - 3
407
Dispatch
Maria Lee
Chief Executive Officer
Chris Anguiano
Project Manager
Justin Lee
General Manager
Ed Long, REA
Project Manager
Luis Valadez
Project Manager
Don Ostrand
San Diego
Operations Manager
Drivers Technicians Equipment Operators Labs
Contracts Administration
Accounts Payable
Billing &
Accounts Receivable
T.S.D.F.s Sub Contractors

ORGANIZATIONAL CHART
TM
Moonho Lee
CFO & Vice President
Andy Cruz
San Diego
Supervisor
San Diego Technicians
San Diego Drivers
Approved:

Maria C. Lee, C.E.O. Date
02/07/25
Ed Acosta
Project Manager
Ed Long
Project Manager
Daniel Gaeta
Supervisor
Raul Sandoval
Supervisor
Brandon Martinez
Supervisor
William Jones
Supervisor
Bill Piekkola
Supervisor
Rico Ruiz
Supervisor
Manny Ramirez
Supervisor
408
925 West Esther St.

Long Beach, CA 90813
Ph: (562) 624-4120
Fx: (562) 624-4127

PROJECT TEAM
We present four managerial staff for this contract. Their resumes can be found on the following pages.

Luis Valadez – Project Manager
• Location: Long Beach office
• Expected workload: 0-7 hours per week depending on agency needs • Years with Ocean Blue: 22
• Single Point of Contact
• Ensures high quality of work
• Mr. Valadez has been with Ocean Blue for 20+ years. He was chosen for this contract because he has personally serviced San Clemente for nearly 10 years..

He is familiar with San Clemente’s needs and will perform: job walks, estimates, scheduling, responding to emergency calls and regulatory agency interface. Mr.

Valadez’s goal is to respond to all of the city’s needs. Mr. Valadez currently takes care of the cities of San Clemente, Torrance, Covina and more.

Chris Anguiano – Backup Supervisor
• Location: Long Beach office
• Expected workload: 0-3 hours per week depending on agency needs • Years with Ocean Blue: 11
• Mr. Anguiano is the backup emergency responder because he has extensive experience in handling hazardous waste. He manages several municipal contracts including the city of Santa Ana, city of Irvine, city of El Segundo, city of Tustin and more.

Ed Long – Health & Safety, Chemist
• Location: Long Beach office
• Project/task risk analysis
• Years with Ocean Blue: 28
• Ed Long also has the experience to respond to any spill or abandoned waste stream, but was chosen primarily for his experience in Health & Safety. Mr. Long can effectively analyze project risks, review confined space permits, conduct near-miss or post-accident investigations.

Justin Lee – President
• Location: Long Beach office
• General Manager
• Years with Ocean Blue: 12
• Mr. Lee’s primary focus is contracts & proposals. However he serves as a backup supervisor, technician and commercial class ‘A’ driver. Mr. Lee oversees operations including spill cleanups, homeless encampment cleanups, and abandoned waste responses. 409
Current
2017
S uperv isor
Ocean Blue Environmental Services, Inc. | Long Beach, CA Responsible for various hazardous waste contracts. Regularly performs PEH encampment cleanings, emergency response, and hazardous waste management. Identifies unknown chemicals by using haz-cat procedures and chemical packaging techniq ues. Coordinates resources to meet client needs. Performs job-walks and prepare cost estimates/bids. Leads PEH encampment cleanups for the Los Angeles County Department of Internal Services, the city of Covina, the city of Southgate, and the city of San Clemente. 2016
2010
Lead T echnician
Ocean Blue Environmental Services, Inc. | Long Beach, CA Coordinated & supervised technicians on projects for a variety of contracts. Projects included PEH encampment cleanings for the Los Angeles County Department of Public Works, emergency response, and waste management. Additional duties included packing, labeling, manifesting and transporting waste to Treatment, Storage and Disposal Facilities. 2010
2004
T echnician
Ocean Blue Environmental Services, Inc. | Long Beach, CA Worked PEH encampments. On call1st responder for Hazardous Material responses.

LUIS

VALADEZ
Supervisor
56 2.519.2030
lvaladez @ocean-blue.com
ocean-blue.com
925 West Esther St.

Long Beach, CA 90813

CONTACTS

WORK EXPERIENCE

NOTEWORTHY PROJECTS
Current
2017
S uperv isor / City of Cov ina
In 2017 Covina solicited an R F P for haz ardous waste management & emergency response services. F ortunately, we won first place and officially started our relationship with the city. The contract started off small, less than $10K a year. But overtime, the city witnessed our value (especially when encountering PEH cleanings) and amended the contract to $35K a year.

Current
2020
S uperv isor / City of S outhgate
We officially started working for the city of Southgate in 2020. We do so many PEH cleanings for LA County that Southgate staff eventually saw us conducting work near their jurisdiction. N aturally they contracted Ocean Blue to perform the same work for the city. While the amount of work is smaller, it is consistent. We love the repeat business with municipal clientele: $17 K per year.

Current
2016
S uperv isor / City of Haw aiian G ardens
In 2018 Mr. V aladez met the city of Hawaiian G ardens during a Caltrans PEH onramp incident.

The job was close to the city jurisdiction, so the city monitored the cleanup. Simply put, they liked the way we worked. And at the time, they were unhappy with their current vendor. By next year, we became the city’s haz ardous waste contractor: $10K per year.

CERTIFICATIONS & TRAINING
HAZWOPER 40 – Hour Course CFR 1910.12
HAZWOPER 8 – Hour Refreshers
First Responder Training
Bloodborne Pathogens CFR 1910.1030
Medic First Aid & CPR Training Courses
Confined Space Entry Q ualified Person 410
Current
2014
Project Manager
Ocean Blue Environmental Services, Inc. | Long Beach, CA Mr. Anguiano oversees various hazmat and catch basin inspection/cleaning projects all over California. Mr. Anguiano is the emergency call-out for flooding & HAZMAT response. Conducts Storm drain hydrojetting to remove sediment/trash from lines. Maintains hydrodynamic separators. And concrete/earth lined channels and v-ditches. Installs/repairs CPS/ARS units.

Oversees Pump station maintenance, storm water stenciling, CCTV inspections, Contech filter maintenance/media-ex change. He installed large-scale storm water filtration devices for the Port of Los Angeles. Oversees storm water projects for the Los Angeles County Department of Public Works, City of Santa Ana, City of Perris, Los Angeles World Airports (LAX ), Port of Los Angeles, Port of Long Beach, City of Camarillo, and many others. 2013
2008
S uperv isor
U nited Storm Water, Inc. | City of Industry, CA
First responder for on-site flooding & emergency HAZMAT. Operated a J etter/V actor & Super sucker. Also supervised projects for Huntington Beach, Dana Point, Target, Metropolitan Water District, San Francisco Estuary Partnership Program, City of Fremont, City of Perris, City of U nion City, and Contra Costa County.

NOTEWORTHY PROJECTS
Current
2016
Project Manager / Los Angeles W orld Airport ( LAX )
Mr. Anguiano currently manages 3 separate contracts for LAX totaling more than $2M in revenue over a 3-year term. The largest contract is for Stormwater F ilter Inspection & Maintenance. F or LAX to comply with its MS4 permit, req uires extensive storm water maintenance. Ocean Blue holds the single source contract for LAX : with over 3,7 00 Contech filters utiliz ed throughout the Airport, LAX has the largest stormwater filtration system Ocean Blue has ever seen. Mr. Anguiano is also the single point of contact for any Haz mat incident on the LAX tarmac.

Current
1998
Project Manager / City of S anta Ana
Mr. Anguiano serves as the single point of contact for the City of Santa Ana. Ocean Blue currently maintains the public right-of-ways for the city. Any spills, releases and discharges are q uickly addressed. We have even been called to perform PEH encampment cleanings. In addition, we assist the city with any storm water system maintenance from cleaning catch basins, bypass jetting, open channel maintenance, and flooding. The city has over 1,500 catch basins throughout the city. Twice a year, Ocean Blue cleans out all of the city’s catch basins. A $350K/ year contract.

CHRIS

ANGUIANO

PROJ ECT MANAGER

CERTIFICATIONS & TRAINING
Preventing Disease Transmission Class (Red Cross)
Medic First Aid & CPR Training Courses
Supervisor Training
Confined Space Entry Q ualified
CPR / First-Aid Trained
Confined Space Entry Rescue
Incident Command System 100, 200 & 700
56 2.755.46 98
[email protected]
ocean-blue.com
925 West Esther St.

Long Beach, CA 90813

CONTACTS

WORK EXPERIENCE
HAZWOPER 40 – Hour Course CFR 1910.12
HAZWOPER 8 – Hour Refreshers
Field Chemist Training
PCB & Asbestos Handling
Hazardous Materials Transportation Skills
First Responder Training
Bloodborne Pathogens CFR 1910.1030
411
Current
1996
Project Manager / Chemist / S afety Manager
Ocean Blue Environmental Services, Inc. | Long Beach, CA Mr. Long is a Project manager with 47 years of ex perience managing HazMat. Major responsibilities include job-walks, providing estimates and performing work for the Los Angeles County Department of Public Works Flood Division (Stormwater department). Services include emergency response, PEH encampment cleanings, catch basin cleaning, pump station & channel maintenance. Mr. Long also oversees emergency flooding and HazMat response. Mr. Long coordinates waste management, on-site remediation, and decontamination projects. Specializes in identifying unknown chemicals and chemical packaging services. As Ocean Blue’s Safety Manager, he verifies that our technical personnel are current on all safety regulations. 1996
1995
S uperv isor / HazMat I ncident Commander
Allwaste, Inc. | Long Beach, CA
Coordinated & supervised oil/chemical emergency response teams, site cleanup, industrial cleaning and other field activities. Managed Superfund site at Omega Chemical Company sampling and identifying over 4,000 drums of unknown hazardous waste. Also directed Health & Safety training and compliance for the Long Beach Transportation and Remediation office. 1980
1994
E mergency R esponse O perations Manager
Pacific Environmental | Carson, CA
While responsible for developing the emergency response division, responded to over 6 00 incidents. Also directed field crews in industrial cleaning, clandestine drug labs, drum management, tank removals and plant closures. As the Health & Safety supervisor, developed the Injury and Illness Prevention Program in compliance with SB 198.

NOTEWORTHY PROJECTS
Current
1996
Project Manager / Los Angeles County Department of Public W ork s While working with Ocean Blue, Mr. Long served the Los Angeles County for the last 25 years.

V alued at $5M per year, services include emergency response, PEH encampment cleanings, haz ardous waste management, and abandoned waste pickups. As of recent, Mr. Long currently mitigates homeless encampment cleanups for the county’s flood division, managing 10-man strike teams per day.

ED
LONG
PROJ ECT MANAGER/ R.E.A CHEMIST / SAFETY MANAGE R

CERTIFICATIONS & TRAINING
HAZWOPER – 40 Hour Course CFR 1910.12
HAZWOPER – 8 Hour Refresher
310.6 29.5049
[email protected]
ocean-blue.com
925 West Esther St.

Long Beach, CA 90813

CONTACTS

WORK EXPERIENCE
Registered Environmental Assessor No. 03446
Certified Hazardous Materials Manager
Current
1996
Project Manager / City of Long Beach
Ed Long’s longest running client is the City of Long Beach. Ed Long serviced the city before he joining Ocean Blue in 1996, and continued servicing the city for the next 26 years. Long Beach has one of the most strict req uirements req uiring boots on the ground within 30 minutes of a phone call. Because most Ocean Blue employees live within 10 minutes of our yard, and because we maintain emergency response units ready 24 / 7 , we are able to beat the time limit. 412
Current
2021
President
Ocean Blue Environmental Services, Inc. | Long Beach, CA Mr. Lee is the President & General Manager of Ocean Blue. Daily tasks include managing teams of project managers, supervisors, dispatch, commercial drivers and technicians. Mr. Lee still personally oversees contracts/proposals. He is the direct liaison with the regulatory agencies and local unions. In the field he performs underground spill cleanups, PEH encampment cleanings and regular waste management. Mr. Lee also conducts Ocean Blue’s safety program and annual HAZWOPER refresher trainings. Other tasks include: commercial truck driving/instruction and public relations.
2020
2012
Contract Manager
Ocean Blue Environmental Services, Inc. | Long Beach, CA Responsible for various hazardous waste contracts assembly. Assisted with billing, human resources and finances. Tasks further include coordination of supervisors, technicians and subcontractors, on-site remediation, waste management, decontamination & emergency response projects. Performs job walks and prepared cost estimates.

NOTEWORTHY PROJECTS
Current
2015
Project Manager / Los Angeles County Department of Beach Harbors Mr. Lee is Ocean Blue’s direct liaison to the Los Angeles County Department of Beaches & Harbors (LACDBH). He regularly performs spill cleanups, PEH encampment cleanings along the beach waste management, storm drain cleaning, boat-fire response, and will handle numerous special projects. 2 special projects were $2M+ emergency road construction projects due to inclement weather. This contract is valued at $260K per year, but through exposure to LACDBH’s private marinas, tenants and boat owners, Mr. Lee generates $500K of work annually.

JUSTIN
LEE

PRESIDENT

CERTIFICATIONS & TRAINING
HAZWOPER Train the Trainer CFR 172.704
CPR / First-Aid Trained
Confined Space Entry Rescue
Hazardous Waste Generator Course (#113)
Calibration Training for M2A Gas Transmitters
Hazcat Identification Training
310.357.7800
[email protected]
ocean-blue.com
925 West Esther St.

Long Beach, CA 90813

CONTACTS

WORK EXPERIENCE
HAZWOPER 40-Hour Course CFR 1910.120
HAZWOPER 8-Hour Refreshers
Commercial Class A Driver with H/Tankers Endts
Bloodborne Pathogen Training
Incident Command Systems 100, 200, 300, 700
Trauma Scene Waste Practitioner

EDUCATION
2011
Pitzer College, Claremont CA: Bachelor’s Degree 2011
Major: Economics & Environmental Studies – Chancellor’s List 413
925 West Esther St.

Long Beach, CA 90813
Ph: (562) 624-4120
Fx: (562) 624-4127
♦ Long Beach ♦ ♦ San Diego ♦

SUPERVISORS TECHNICIANS
Acosta Edmund 36 26 ✓ ✓ ✓ ✓ ✓ ✓ Barba Benjamin 32 27 ✓ ✓ ✓ ✓ ✓ Long Edward 47 26 ✓ ✓ ✓ ✓ ✓ ✓ Borrayo Jose 32 27 ✓ ✓ ✓ ✓ ✓ Ostrand Don 34 26 ✓ ✓ ✓ ✓ ✓ ✓ Carrasco Ismael 32 27 ✓ ✓ ✓ ✓ ✓ ✓ Ramirez Manny 26 4 ✓ ✓ ✓ ✓ ✓ Martinez Archie 32 27 ✓ ✓ ✓ ✓ ✓ Ruiz Rico 31 26 ✓ ✓ ✓ ✓ ✓ Valadez Eddy 32 27 ✓ ✓ ✓ ✓ ✓
Valadez Luis 19 19 ✓ ✓ ✓ ✓ ✓ Yanez Dennis 32 26 ✓ ✓ ✓ ✓ ✓ Gaeta Daniel 17 17 ✓ ✓ ✓ ✓ ✓ Jimenez Miguel 13 13 ✓ ✓ ✓ ✓ ✓ Piekkola Bill 16 16 ✓ ✓ ✓ ✓ ✓ ✓ Martinez Ruben 13 12 ✓ ✓ ✓ ✓ ✓ Sherlock Tom 16 16 ✓ ✓ ✓ ✓ ✓ Monge Henry 12 10 ✓ ✓ ✓ ✓ ✓ Anguiano Chris 13 7 ✓ ✓ ✓ ✓ ✓ ✓ Valadez Omar 11 11 ✓ ✓ ✓ ✓ ✓ Sandoval Raul 13 6 ✓ ✓ ✓ ✓ ✓ Acosta Dennis 11 11 ✓ ✓ ✓ ✓ ✓ Jones Will 10 10 ✓ ✓ ✓ ✓ ✓ Justin Lee 10 10 ✓ ✓ ✓ ✓ ✓ ✓ Martinez Brandon 10 10 ✓ ✓ ✓ ✓ ✓ Jackson Joseph 9 9 ✓ ✓ ✓ ✓ ✓ DRIVERS Hernandez Ernesto 7 7 ✓ ✓ ✓ ✓ ✓
Reyes Filemon 29 26 ✓ ✓ ✓ ✓ ✓ ✓ Castellanos Jesus 6 6 ✓ ✓ ✓ ✓ ✓ Raines Jeremey 17 6 ✓ ✓ ✓ ✓ ✓ ✓ Garcia Jonathan 5 5 ✓ ✓ ✓ ✓ ✓ Jose Ramirez 20 1 ✓ ✓ ✓ ✓ ✓ ✓ Velazquez Eduardo 5 5 ✓ ✓ ✓ ✓ ✓ Brian Ventura 4 4 ✓ ✓ ✓ ✓ ✓ ✓ Ochoa Eduardo 4 4 ✓ ✓ ✓ ✓ ✓ Justin Huddleston 4 4 ✓ ✓ ✓ ✓ ✓ ✓ Ochoa Gerardo 4 4 ✓ ✓ ✓ ✓ ✓ OFFICE Martinez Archie Jr. 4 4 ✓ ✓ ✓ ✓ ✓
Lee Maria 31 26 ✓ ✓ Rojas Victor 4 4 ✓ ✓ ✓ ✓ ✓
Lee Moonho 31 26 ✓ ✓ ✓ ✓ ✓ ✓ Valdez Ernesto 4 4 ✓ ✓ ✓ ✓ ✓ Simmons Christine 22 22 ✓ ✓ Ramirez Christofer 4 3 ✓ ✓ ✓ ✓ ✓ Gaeta Julio 18 18 ✓ ✓ ✓ ✓ ✓ Serrano Vinci 3 3 ✓ ✓ ✓ ✓ ✓ Boren Brent 15 15 Ramirez Roger 3 3 ✓ ✓ ✓ ✓ ✓
Mejia Wendy 15 21 Cruz Andres 3 3 ✓ ✓ ✓ ✓ ✓
Rios Alexis 9 3 Alvarez Marco 3 3 ✓ ✓ ✓ ✓ ✓
Jimenez, Miguel Jr. 3 3 ✓ ✓ ✓ ✓ ✓
Alex Morales 1 1 ✓ ✓ ✓ ✓ ✓
Joan Meza 1 1 ✓ ✓ ✓ ✓ ✓
Will Garcia 1 1 ✓ ✓ ✓ ✓ ✓
Eduardo Marquez 1 1 ✓ ✓ ✓ ✓ ✓
Francisco Campana 1 1 ✓ ✓ ✓ ✓ ✓

TECHNICIANS
Training: this page illustrates only a sample
selection but all Ocean Blue employees—at a
minimum—have OSHA 40 Hour, OSHA 8 Hour,
Bloodborne Pathogen, CPR / 1ST-Aid, and
confined space entry. Sample certifications can
be found in tab 8 – Staff Licensing. All
certifications are available upon request. Union: we are a signatory with ILWU Local 56 and have access to an additional 50
technicians 24/7. This union carries all
industry required certifications.

TRAINING
414
Contract Value: $140,000 / year
Date: 2018 – Present
Contact: Ruben Escamilla – Street Maintenance Supervisor Phone & Email: 949.422.9398 / [email protected] Address: 6427 Oak Canyon, Irvine, CA 92618
Hydro-jetting underground
storm drain lines
CLIENT: CITY OF IRVINE
Contract No. 80B7: As-needed Emergency Hazardous substances clean-up and Disposal services
Summary: Since 2018, we’ve done
catch basin cleaning, bypass jetting,
open channel maintenance, emergency
response (flooding response, spill
response), and trauma scene cleanups.

City-wide Catch Basin Cleaning: Every
year Ocean Blue maintains 250 catch
basins for the City of Irvine. This also
involves inspections, documenting
photos, and compiling reports.

Inspections are important because they
can help identify problems early on, and
also help ensure the infrastructure is
functioning properly & efficiently. As of
now, we are only cleaning once a year,
however the City is deliberating about
cleaning 2x/year.

Left: Crews of 2 technicians & an inhouse fabricated vacuum truck/pressure washer can clean 40 - 70
catch basins a day (depending on level
impacted). Later, should the city decide,
we can install County approved fulltrash capture devices to comply with MD4 permitting.

Trauma Scene (Biohazardous): Our
contract with Irvine allows the city to use
Ocean Blue in order to respond to
shootings, stabbings and fatal car
accidents. Biohazardous cleanup is
important for the safety of those who
come in contact, and also in preventing
the spread of infectious disease.

Routine Waste Pickups: Ocean Blue
performs Irvine’s 90-day Hazardous
Waste pickups. This involves identifying,
categorizing, packaging, transporting
and disposal of several different
hazardous waste streams. Including
Non-RCRA hazardous waste solids &
liquids, flammables and corrosives.

Bypass Jetting: We will also do
routine/maintenance jetting for
bypasses & culverts for debris, dirt &
gravel. In order to effectively complete
this scope of work, safety & traffic
control are essential. Many times,
bypass cleaning requires lane/shoulder
closures using reflective cones & arrow
boards.
415
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TAB - 4
418
925 West Esther St.

Long Beach, CA 90813
Ph: (562) 624-4120
Fx: (562) 624-4127
♦ Long Beach ♦ ♦ San Diego ♦

PROJECT SCHEDULE
As with our previous 2 contract terms, whenever San Clemente called, we’ve dropped everything and responded right away. Should we be awarded a new contract term we will continue to do so.

As with our previous 2 contract terms, should the city wish to schedule something next day, we can do it next day.

COST DATA
Please see the following pages of our preferred pricing for San Clemente *As with our previous 2 contract terms, per our cover page, for prevailing wage please add $45 per hour on labor-only.
*As with our previous 2 contract terms, per our cover page, disposal is billed cost plus. Per the Q&A, if you want pricing for every single waste stream, at every single size, for every single method of disposal (treatment, incineration, recycling, landfill), you will spend days comparing data. Instead, we bill cost plus and broker for the best deals depending on the waste stream and disposal method in real time. We are not affiliated with any disposal facility and therefore can unbiasly shop for San Clemente’s best option.

Additionally, price for disposal fluctuates per waste stream (think how medical waste disposal inflated during Covid): should you wish to receive fixed pricing for every single waste stream, at every single size, for every single method of disposal, we will have to cushion the price in anticipation of unknown price increases.

Thereby charging San Clemente more to account for unknown future price increases. With our cost-plus method, we are realizing current market prices in real time, with no cushion. This is the fairest option for the buyer & vendor—when both parties trust each other. See letters of recommendation.

STATEMENT OF COMPLIANCE
This proposal is in strict compliance with the Request for Proposal and Draft Agreement and no exceptions to either are proposed.

Ocean Blue agrees that in carrying out its responsibilities under this agreement, and in particular with regard to the employment of persons and sub-contractors working on the project, it will not discriminate on the basis of race, color, creed, national origin, religion, sex, age or handicap. In the event any of the work performed by Ocean Blue hereunder is sub-contracted to another person or firm (with approval of the City as required herein), sub-contract shall contain a similar provision. 419

SPECIAL RATES FOR CITY OF SAN CLEMENTE
EFFECTIVE SEPTEMBER 1, 2025

DEFINITIONS
Straight Time: Monday through Friday, from 7:00 AM to 4:00 PM Overtime: Monday through Friday, before 7:00 AM and after 4:00 PM, and all day on Saturdays
Premium Time: Sundays, Following Holidays

HOLIDAYS OBSERVED
New Year's Day Labor Day
Martin Luther King, Jr.'s Birthday Presidents Day
Veterans Day Memorial Day
Fourth of July Thanksgiving Day
Day after Thanksgiving Columbus Day
Christmas Day

MINIMUM CHARGES
Four (4) hour minimum charges will apply to all call outs. Portal to Portal rates apply.

Time charges include personnel, equipment and materials for preparation, mobilization, travel to and from site, demobilization, decontamination, transportation and unloading.

DISPOSAL AND OUTSIDE COSTS
All disposal, services, non-heavy equipment rentals, and materials not on the rate sheet will be billed at cost plus a twenty percent (20%) handling charge. Heavy equipment rental will be billed at cost plus twenty five percent handling charge due to high liability cost.

PREVAILING WAGE
An additional $45 per hour will be added to personnel and equipment with operator rate.

PAYMENT TERMS
All terms are net-thirty (30) days upon receipt of invoice, unless previous arrangements have been made. All emergency response work for non-established customers is C.O.D. 420
SEPTEMBER 1, 2025 SPECIAL RATES FOR CITY OF SAN CLEMENTE

1. HAZARDOUS WASTE-TRAINED PERSONNEL HOURLY RATE

STRAIGHT OVER- PREMIUM

CLASSIFICATION TIME TIME TIME
PROJECT MANAGER 149.10 195.50 195.50
SUPERVISOR 114.90 137.10 156.90
LEAD TECHNICIAN 79.60 115.90 151.40
EQUIPMENT OPERATOR 76.20 114.90 147.00
TECHNICIAN 71.90 101.60 132.60
ILWU (INT. LONGSHORE & WHSE UNION) TECH 100.50 150.30 202.10 ALL PERSONNEL HAVE AT A MINIMUM, 40-HR HAZ-WOPER TRAINING AS SPECIFIED BY 29 CFR 1910.120

2. CERTIFIED HAZARDOUS WASTE TRANSPORTATION VEHICLES HOURLY RATE UTILITY TRUCK 4X4 W/TRAFFIC CONTROL LIGHTS & LIFTGATE 63.00 GEAR TRUCK W/ LIFTGATE 63.00
EMERGENCY RESPONSE UNIT - LARGE 292.80
EMERGENCY RESPONSE UNIT - SMALL 203.40
VACUUM TRAILER - 20 BBL 68.50
VACUUM TRUCK - 70 BBL W/ ROPER PUMP* 167.90
VACUUM TRUCK - 120 BBL* 192.20
VACUUM TRUCK - 120 BBL STAINLESS STEEL* 217.70
AIR EXCAVATOR* 167.90
OMNI VAC - 85 BBL* 311.70
JETTER / VACTOR COMBO UNIT* 311.70
ROLL-OFF TRUCK* 167.90
ROLL-OFF TRUCK AND TRAILER* 192.20
TRASH COMPACTOR* 234.20
45' BOX VAN* 167.90
45' FLAT BED* 167.90
25' EQUIPMENT TRAILER 44.20

3. RESPIRATORY / CONFINED SPACE ENTRY EQUIPMENT
SELF-CONTAINED BREATHING APPARATUS (30 MIN.) 171.30 DAILY 6-PACK BREATHING AIR BOTTLES 343.60 DAILY
5-MINUTE EGRESS AIR BOTTLE 48.70 DAILY
TRIPOD W/DOUBLE WINCHES 307.20 DAILY
FULL BODY HARNESS W/ SHOCK ABSORBER 44.20 DAILY
COPPUS BLOWER 248.70 DAILY
4-GAS AIR MONITOR 376.80 DAILY
PID METER 521.50 DAILY
MERCURY VAPOR ANALYZER 653.00 DAILY
OVA MONITOR 456.30 DAILY
PERSONAL 4 GAS METER 311.70 DAILY
ELECTRIC BLOWER 182.00 DAILY
"*" DENOTES EQUIPMENT INCLUDING OPERATOR. THESE WILL BE CHARGED AN ADDITIONAL $29.00 PER HOUR FOR OVERTIME AND $39.00 PER HOUR FOR PREMIUM TIME.

PAGE 2 OF 6
421
SEPTEMBER 1, 2025 SPECIAL RATES FOR CITY OF SAN CLEMENTE

4. TRAFFIC CONTROL
ARROW BOARD 279.60 DAILY
PORTABLE DECON STATION W/ARROWBOARD 373.60 DAILY
BARRICADES W/ REFLECTORS, EACH 41.00 DAILY
DELINEATOR/REFLECTIVE, EACH 2.30 DAILY
NO TURN RIGHT OR LEFT SIGNS, EACH 20.00 DAILY
TRAFFIC CONE/REFLECTIVE, EACH 3.30 DAILY
TRAFFIC CONTROL SIGNS 48"X48"/REFLECTIVE 46.40 DAILY

5. CLEANING EQUIPMENT
AIR COMPRESSOR 53.00 HOURLY
CHEMICAL DIAPHRAGM PUMP 392.30 DAILY
DIAPHRAGM PUMP 280.70 DAILY
SUCTION/DISCHARGE HOSE (PER FOOT) 1.20 DAILY
LAYFLAT HOSE (PER FOOT) 1.20 DAILY
INTRISICALLY SAFE PUMP FOR FUEL TANKS 137.10 DAILY
PRESSURE WASHER - 1,000 PSI 22 GPM 88.40 HOURLY
PRESSURE WASHER - 3,500 PSI 6 GPM 76.20 HOURLY
ENGINE DRIVEN PUMPS 643.70 DAILY
PORTABLE TRASH PUMP 261.80 DAILY
SUBMERSIBLE PUMP 232.10 DAILY
AIR SCRUBERS PORTABLE 217.70 DAILY
HEPA FILTERS FOR SCRUBBERS 162.50 EACH
55 GALLON CARBON SCRUBBER FOR VAC TRUCKS 248.70 DAILY

6. PORTABLE STORAGE UNITS
20-YARD BIN, OPEN TOP 32.00 DAILY
20-YARD BIN, CLOSED TOP 38.60 DAILY
40-YARD BIN, OPEN TOP 32.00 DAILY
40-YARD BIN, CLOSED TOP 41.00 DAILY
4" TANK MANIFOLD 24.30 DAILY
BIN LINERS 101.20 EACH

7. OIL SPILL EQUIPMENT
20' DRUM & SUPPLY TRAILER W/ 4' SIDES & 12,000 GVW 261.80 DAILY BOOM TRAILER (STANDBY) W/ 1500' OF 8"x12" BOOM 195.50 DAILY BOOM 8"x12" (DEPLOYED) 2.30 PER FT/DAY
BOOM 4"x12" (DEPLOYED) 1.20 PER FT/DAY
22' TOW/SPILL CONTROL BOAT W/ 200 HP MOTOR 167.90 HOURLY 22' x 8' SELF POWERED BARGE 112.70 HOURLY
19' TOOL SPILL BOAT W/90HP 112.70 HOURLY
17' TOW/SPILL CONTROL BOAT W/ 40 HP MOTOR 94.00 HOURLY
12' PUNTS 44.20 HOURLY
12' PUNTS W/ 5HP MOTOR 55.20 HOURLY
SPLASH ZONE 2-PART SEALER 205.50 PER GALLON
25 LBS ANCHORS W/ 15' CHAIN 18.70 DAILY
PAGE 3 OF 6
422
SEPTEMBER 1, 2025 SPECIAL RATES FOR CITY OF SAN CLEMENTE 15 LBS ANCHORS W/ 10' CHAIN 13.20 DAILY
24" BOEYS 18.70 DAILY
ROPE MOP SKIMMER 195.50 HOURLY
DRUM SKIMMER TDS-136 W/ POWER PACK 261.80 HOURLY
SKIM-PAK SERIES 4000 W/ CONTROL SYSTEM 79.60 HOURLY
SKIMMER TRAILER 261.80 DAILY
ABSORBENT BOOM TRAILER 195.50 DAILY
ATV (ALL TERRAIN VEHICLE) W/TRAILER 341.40 DAILY
FORKLIFT TRAILER 123.80 DAILY

8. MATERIALS
10 GALLON DOT DRUM, STEEL 85.50 EACH
15 GALLON DOT DRUM, POLY 85.50 EACH
16 GALLON DOT DRUM, STEEL 85.50 EACH
20 GALLON DOT DRUM, STEEL 85.50 EACH
30 GALLON DOT DRUM, POLY 85.50 EACH
30 GALLON DOT DRUM, STEEL 85.50 EACH
5 GALLON DOT DRUM 23.20 EACH
55 GALLON DOT DRUM, POLY 77.40 EACH
55 GALLON DOT DRUM, STEEL 76.20 EACH
55 GALLON DOT DRUM, BIO 49.60 EACH
85 GALLON DRUM, OVERPAK, STEEL 315.00 EACH
95 GALLON DRUM, OVERPAK, POLY 315.00 EACH
ACID SPILFYTER NEUTRALIZER PER GALLON 97.20 EACH
BASE SPILFYTER NEUTRALIZER PER GALLON 97.20 EACH
BIO-SOLVE (HYDROCARBON ENCAPSULANT) 46.40 PER GALLON
BLEACH 5.60 PER GALLON
CHEMICAL POLY TOTES 403.20 EACH
CHLOR-D-TECT Q4000 23.20 EACH
CITRI-CLEAN, 55 GALLON 1,044.30 PER DRUM
DIESEL FUEL (EQUIPMENT) 6.80 PER GALLON
DRUM LINER 3.30 EACH
DUCT TAPE 7.70 PER ROLL
FACE SHIELD 16.60 EACH
HAND AUGER 109.40 DAILY
HEPA VACUUM FILTER PROTECTORS 25.40 EACH
HEPA VACUUM REPLACEMENT BAGS 25.40 EACH
OIL SORBENT POM POMS 71.90 PER BALE
PLASTIC BAGS 94.00 PER BOX
PLASTIC SHEETING 94.00 PER ROLL
RAGS, 50 LB BOX 85.10 PER BOX
ROPE 1/2 POLY, 100' ROLL 41.00 PER ROLL
ROPE 5/8 POLY, 100' SPOOL 46.40 PER ROLL
SAMPLE JARS - 1QT 16.60 EACH
SAND BAGS 4.30 EACH
SHRINK WRAP 38.60 ROLL
SIMPLE GREEN 16.60 PER GALLON
SODA ASH 7.70 PER GALLON
PAGE 4 OF 6
423
SEPTEMBER 1, 2025 SPECIAL RATES FOR CITY OF SAN CLEMENTE SORBENT BOOM W/ JELLING MATERIAL 521.50 PER BALE
SORBENT BOOM, 8"x10" 68.50 EACH
SORBENT PADS 18"x18"x1/4" (200/BALE) 112.70 PER BALE
SUPERFINE, 25 LB BAG 23.20 PER BAG
TRIWALL BOXES 195.50 EACH
VACTOR FLEX HOSE 4" 2.30 PER FOOT
VACTOR FLEX HOSE 6" 3.30 PER FOOT
4' LIGHT TUBE CARDBOARD DRUM 103.80 EACH
8' LIGHT TUBE CARDBOARD DRUM 80.70 EACH

9. TOOLS AND OTHER EQUIPMENT
CHEST WADERS 77.40 DAILY
CHIPPING GUNS 151.70 DAILY
CUTTING TORCH 188.90 DAILY
DRUM SAMPLING ROD (GLASS) 8.90 EACH
DRUM VACUUM - 55 GALLON 150.30 DAILY
EXTENSION LADDER 40.40 DAILY
FORK LIFT 276.20 DAILY
GENERATOR, 10KV TRAILER MOUNTED 44.20 HOURLY
GENERATOR, 5500 WATTS 202.20 DAILY
HAND TOOLS 66.30 DAILY
HAND WASHING STATION 63.00 DAILY
HAZ-CAT KIT 25.40 PER TEST
HEAVY DUTY JETTER NOZZLES 296.10 DAILY
HEPA VACUUM (DRY) 195.50 DAILY
HIP WADERS 66.30 DAILY
HUDSON SPRAYER 25.40 DAILY
LIFE JACKETS 20.00 DAILY
LIGHT STAND (2 BULBS) 46.40 DAILY
LIGHT TOWER (4 BULBS) 373.60 DAILY
MEALS ON SPILLS 11.00 EACH
MERCURY VACUUM 653.00 DAILY
MOTO MIX 40.40 GALLON
NON-SPARKING COLD CUTTER / RIVET BUSTER 123.80 DAILY
NON-SPARKING COLD CUTTER TIPS 38.60 EACH
PER DIEM ALLOWANCE ON TRAVEL 205.50 DAILY
PLUG & DIKE, 1 LB CAN 32.00 EACH
POLY SIPHON (POGO) PUMP 24.30 EACH
PORTABLE RESTROOM W/SINK 195.50 DAILY
PROFILING FEE (PER WASTE STREAM) 98.30 EACH
RADIO 2-WAY, INTRINSICALLY SAFE 52.00 DAILY
SAWZALL 103.90 DAILY
STIHL CUT OFF SAW 202.20 DAILY
4" TANK HOOK 96.10 DAILY
TYGUARD PATCH TOOLKIT 75.90 DAILY
TYGUARD PATCH (250') 910.10 PER ROLL
TYGUARD (500') 1,213.40 PER ROLL
PAGE 5 OF 6
424
SEPTEMBER 1, 2025 SPECIAL RATES FOR CITY OF SAN CLEMENTE TRANSFER HOSES, 1 - 4" 55.20 DAILY
TRUCK RAMPS (30,000 LBS) 373.60 DAILY
VAPOR TIGHT DROP LIGHTS 195.50 DAILY
VENTILATION FAN 150.30 DAILY
WATER METER 327.00 DAILY
WATER TANK TRAILER W/ PUMP 442.00 DAILY

10. PERSONAL PROTECTIVE EQUIPMENT (PPE)
LEVEL "A" - FULLY ENCAPSULATED GAS-TIGHT SUIT
WITH SCBA 621.00 PER SET
LEVEL "B" - POLY-TYVEK THROUGH FULLY ENCAPSU-
LATED SUIT, BUT NOT GAS TIGHT W/SCBA 195.50 PER SET
LEVEL "C" - TYVEK THROUGH SARANEX SUIT W/ AIR
PURIFYING RESPIRATOR 85.10 PER SET
LEVEL "D" - TYVEK, POLY-TYVEK, COVERALL OR

RAINGEAR SUIT WITH GLOVES, BOOTS,
HARDHAT AND SAFETY GLASSES 41.00 PER SET
PAGE 6 OF 6
425
ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $
PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $
DED RETENTION $ PER OTH- STATUTE ER
E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
6/25/2025
License # 0757776
(877) 825-2681 (951) 231-2572
10172
Ocean Blue Environmental Services, Inc.
925 West Esther Street
Long Beach, CA 90813
20699
11991
A 1,000,000
X X G47475843 002 7/1/2025 7/1/2026 100,000
5,000
1,000,000
2,000,000
2,000,000
X DED: $5,000
B 1,000,000
X X CAL H08886301 002 7/1/2025 7/1/2026
A 9,000,000
G47475855 002 7/1/2025 7/1/2026 9,000,000
C
X WCC340082A 7/1/2025 7/1/2026 1,000,000 Y 1,000,000
1,000,000
A Pollution / Environm G47475843 002 7/1/2025 Each Occ/Aggregate 1,000,000 A Professional Liab G47475843 002 7/1/2025 7/1/2026 Aggregate 1,000,000 The City of San Clemente, its elected officials, officers, agents, employees and volunteers are Additional Insured’s with regards to the General Liability policy when required by a written contract, per the attached endorsement form CG2010 04/13. Primary wording applies with regards to the General Liability policy when required by a written contract, per the attached endorsement form ENV3252 12/18. Waiver of Subrogation applies with regards to the General Liability policy when required by a written contract, per the attached endorsement form ENV3143 03/05. Additional Insured applies with regards to the Auto Liability policy when required by a written contract, per the attached endorsement form BENVCA06 19/17, Primary wording included. Waiver of Subrogation applies with regards to the Auto Liability policy when required by a written contract, per the attached endorsement form DA13115A 06/14. Waiver of Subrogation applies with regards to the Workers Compensation policy when required by a written contract, per the attached endorsement form WC040306 04/84.

SEE ATTACHED ACORD 101
City of San Clemente
910 Calle Negocio, Suite #300
San Clemente, CA 92673
OCEABLU-06 ADAVIS2
HUB International Insurance Services Inc.
9855 Scranton Road
Suite 100
San Diego, CA 92121
Alisha Davis
[email protected]
Westchester Surplus Lines Insurance Co.

ACE Property & Casualty Insurance Company
National Casualty Company
X
7/1/2026
X
X
X
X
X
X
426

CITY OF SAN CLEMENTE, CALIFORNIA
FINANCE DEPT (949) 361-6166
EFFECTIVE DATE: 08/20/2025 EXPIRATION DATE: 08/31/2026
Mailing Address:

OCEAN BLUE ENVIRONMENTAL SERVICES INC
925 WEST ESTHER STREET
LONG BEACH, CA 90813
Business Location:

OCEAN BLUE ENVIRONMENTAL SERVICES INC
925 WEST ESTHER STREET
LONG BEACH, CA 90813
OWNER NAME: BUSINESS TYPE: CLASSIFICATION OWNERSHIP TYPE:

JUSTIN LEE STATE LICENSED

CONTRACTORS - YEARLY TERM

ENGINEERING
CONTRACTORS 403/8711

CORPORATION
NOTICE

1. The Business Tax Certificate must be posted in a conspicuous place if the business premises are open to the public.

2. This Business tax Certificate becomes void unless the Business Tax Office is notified of any change in mailing address, ownership or business location prior to such change. All changes must be approved by the inspecting departments of this city.

3. Advertising: Distribution of handbills requires a special permit.

4. Second-Hand Dealers: A special permit is required for anyone dealing in antiques or other previously owned merchandise.

5. Sidewalk Sales: A temporary use permit is required for use of public sidewalks to conduct any merchandising activity.

6. Soliciting and Peddling: Door to door selling, soliciting or peddling requires a Special Permit.

7. Refunds: Payee is not entitled to a refund of any portion of the tax by reason of termination of business prior to expiration of the term for which the certificate was issued.

8. Renewal: The business owner is responsible for timely renewal. Delinquent fees must be added if payment is not received later than the expiration date. Not receiving a renewal notice, for any reason, does not relieve responsibility for timely payment. FOR QUESTIONS REGARDING YOUR LICENSE, CONTACT US AT (949) 361-6166.

THIS LICENSE EXPIRES AS SPECIFIED ABOVE
TO AVOID PENALTIES PLEASE RENEW ON OR BEFORE 8/31/2026 12:00:00 AM THE BUSINESS NAMED ABOVE HAS PAID THE BUSINESS TAX PURSUANT TO THE PROVISIONS OF CHAPTER 8 OF THE MUNICIPAL CODE OF THE CITY OF SAN CLEMENTE, CALIFORNIA.

THIS RECEIPT DOES NOT CONSITUTE AN ENDORSEMENT OF THE BUSINESS, NOR DOES IT GRANT PERMISSION TO CONDUCT BUSINESS AT ANY LOCATION PROHIBITED BY THE CITY'S ZONING ORDINANCE OR IN VIOLATION OF OTHER REGULATORY LAWS.

PER GOVERNMENT CODE #37 101.2a THIS LICENSE IS ISSUED WITHOUT VERIFICATION THAT THE LICENSEE IS SUBJECT TO OR EXEMPT FROM LICENSING BY THE STATE OF CALIFORNIA.

THIS LICENSE MUST BE POSTED IN A CONSPICUOUS PLACE
SC LICENSE NO - BL-0313623

BUSINESS NAME - OCEAN BLUE ENVIRONMENTAL SERVICES INC
427
TAB - 5
428
429
cityofirvine.org
City of Irvine, 1 Civic Center Plaza, P.O. Box 19575, Irvine, California 92623-9575 949-724-6000 August 12, 2025
RE: Reference for Ocean Blue Environmental Services, Inc.

To Whom It May Concern:

I highly recommend Ocean Blue Environmental Services, Inc., due to their proven expertise and reliable services in hazardous waste cleanup, emergency response, and stormwater BMP (best management practices) management. The City of Irvine has successfully partnered with Ocean Blue for various environmental cleanup projects.

Ocean Blue has partnered with Irvine for the past eight years and works with nearby agencies like Santa Ana, Garden Grove, San Clemente, John Wayne Airport, and Orange County Public Works. Their field teams consistently show professionalism and respond quickly. Ocean Blue has earned a reputation as a trusted environmental service provider. The City of Irvine contracts Ocean Blue for these services:
• Emergency response to spills, including abandoned hazardous waste, grease overflows, and truck accidents
• Inspecting and cleaning stormwater infrastructure throughout the city, including 6,500 catch basins and thousands of feet of storm drain • Homeless encampment abatements, even on bridges and during fire-related cleanups
• Routine maintenance of our 90-day hazardous waste area and mechanic shop
• Conducting classes on hazardous waste handling, homeless encampment safety, and confined space entry. These classes are engaging and informative, and I have all my field staff attend them.

Ocean Blue’s staff, from field teams to administrators, are knowledgeable, responsive, and approachable. They are always eager to move forward to meet the City’s needs. The City of Irvine highly recommends Ocean Blue to any organization seeking reliable hazardous waste cleanup and environmental remediation services.

If you have any questions, please feel free to contact me at any time.

Sincerely,
Ruben Escamilla
Street Maintenance Supervisor
City of Irvine
[email protected]
(949)724-4496
430
431
Airport Administration
3160 Airway Avenue
Costa Mesa, CA
92626-4608
ocair.com
February 28, 2025
Mr. Justin Lee
President
Ocean Blue Environmental Services, Inc.
925 W. Esther St.

Long Beach, CA 90813
To whom it may concern,
I am pleased to provide this letter of recommendation for Ocean Blue Environmental Services.

As the Manager of Environmental Compliance at John Wayne Airport I am tasked with assuring compliance with environmental regulations, responding to spills as well as other hazards that may impact human health or the environment, and maintaining stormwater pollution prevention systems. Ocean Blue has been one of the contractors supporting the airport with these services for over 10 years.

Ocean Blue has consistently demonstrated responsiveness, professionalism, and a proactive attitude in addressing both routine and emergency situations. They have a wide array of equipment available, including specialty equipment necessary for some of the Airport’s challenging jobs. They have expertly responded to wide array of service requests including fuel and other spill cleanup, waste assessment and classification, hazardous waste transport and disposal, cleaning of the airport’s 50,000-gallon oil-water-sediment separators, cleaning firefighting foam from airport fire equipment, storm drain and treatment system cleaning, mold remediation, and stormwater BMP implementation. Their efforts have significantly contributed to assisting the airport in pollution prevention and maintaining operational readiness.

Staff arrive prepared to work and have shown themselves to be capable, safety conscious and resourceful in identifying solutions. Management is responsive and professional. I highly recommend Ocean Blue for their wide array of equipment, trained personnel and professional execution of environmental services.

If you have any questions, please feel free to contact me at 949-252-5267.

Sincerely,
Melinda McCoy, PG
Sr. Airport Manager, Environmental Program
432

GARDEN GROVE CITY OF GARDEN GROVE
January 16, 2025
To Whom It May Concern,The City of Garden Grove has had the pleasure of working with Ocean Blue Environmental for over 20 years. They are contracted to assist with the removal ofhazardous materials generated by the City, including used motor oil, aerosol cans,lighting ballasts, asphalt emulsion, and other substances, including biohazards.

Ocean Blue also responds to emergency cleanups required by our police and firedepartments.

Throughout our long-standing partnership. Ocean Blue has proven to be an essential and reliable contractor. In addition to their regular hazardous waste removal services, they have assisted with various other projects, including the cleaning of our clarifiers, as well as clearing large homeless encampments.

The Ocean Blue team is consistently professional, knowledgeable, and are great to work with. They have the expertise and resources necessary to address and safelyclean a wide variety of substances, including challenging materials like coconut oil.I highly recommend Ocean Blue Environmental to any public or private entity in needof dependable, high-quality hazardous material removal and cleanup services.Should you require any further information, please don't hesitate to contact me at (714) 741-5385.
r^ix.u^'Y y-e-^ZL
Raul LeyvaPublic Works Supervisor
City of Garden Grove
11222 Acacia Parkway • P.O.Box 3070 • Garden Grove, CA 92842 ggcity.org
433
434
Department of Health and Environmental Control
4305 Santa Fe Avenue, Vernon, CA, 90058
CityofVernon.org | (323) 826-1448
June 3, 2025
To Whom it May Concern
It is my distinct pleasure to highly recommend the services of Ocean Blue Environmental Services, Inc. Over the past 3 years, they have consistently delivered exceptional environmental and hazardous materials services to emergency response agencies, and I am confident their expertise would be an invaluable asset to any agency.

Ocean Blue Environmental Services has demonstrated outstanding capability in handling a wide range of critical tasks, including emergency response and cleanup of hazardous material spills, hazardous waste management and disposal, as well as trauma scene remediation. Their personnel are consistently responsive, courteous, and professional, reflecting a strong commitment to safety and environmental compliance.

What truly sets Ocean Blue apart is its profound depth of experience and knowledge in hazardous materials management, spill abatement, and regulatory compliance. Their field supervisors, project managers, and work crews are adept at carefully assessing complex situations and implementing effective, safe, and efficient solutions tailored to the unique needs of each incident.

On behalf of the City of Vernon Department of Health and Environmental Control, I confidently endorse Ocean Blue Environmental Services for any hazardous materials and environmental cleanup services. Their proven track record speaks to their reliability and professionalism.

Should you require any further information, please do not hesitate to contact me directly at (323) 826-1448.

Sincerely,
Freddie Agyin
Director of Health and Environmental Control
435
436
02/25/2025
To whom it may concern,
I am writing to recommend Ocean Blue Environmental Services Incorporated for their exceptional services in hazardous waste management and environmental protection. As a Facility Services Manager at Port of Long Beach, I have worked closely with Ocean Blue and have been consistently impressed by their professionalism, sense of urgency, safety culture, subject matter expertise, and commitment to sustainability.

Ocean Blue has demonstrated outstanding proficiency in handling, disposing of, and managing hazardous waste in an environmentally responsible manner. Their team is highly knowledgeable and adheres strictly to all federal, state, and local regulations, ensuring compliance and safety at every level. Their attention to detail and dedication to minimizing environmental impact set them apart in this critical industry.

One of Ocean Blue's most commendable aspects is its exemplary response time and ability to provide resources on short notice.

Beyond their technical expertise, Ocean Blue consistently provides exceptional customer service. Their team is responsive, reliable, and always willing to go the extra mile to accommodate the specific needs of the Port of Long Beach. Their professionalism and commitment to excellence make them a trusted partner for any organization requiring hazardous waste management services.

I have no hesitation in recommending Ocean Blue to any business or entity seeking a dependable and environmentally responsible waste management company. Their dedication to sustainability, regulatory compliance, and customer satisfaction makes them an asset to any organization.

Please feel free to contact me at if you require any further information regarding my experience with Ocean Blue.

Respectfully,
Luis Santana, MPA
Manager – Facility Services
Engineering Services Bureau
Port of Long Beach
Email: [email protected] Mobile: 562-519-1095
437
438
January 3, 2022
To Whom it May Concern:

It is my pleasure to recommend the services of Ocean Blue Environmental Services, Inc. For the past 15 years they have consistently provided exceptional services to the Downey Fire Department ranging from emergency response and cleanup of hazmat spills, to hazardous waste management and disposal, to trauma scene clean-up.

Ocean Blue Environmental Services personnel are responsive, courteous, and professional. I am constantly impressed with their depth of experience, knowledge, and expertise in matters of hazardous materials and waste management, spill abatement, and environmental compliance. Their field supervisors, project managers, and work crews are able to prudently analyze the circumstances of a particular situation and effectively and safely solve problems.

On behalf of the Downey Fire Department, I can confidently recommend their services.

If you should have any questions, please feel free to contact me at (562) 904-7345.

Sincerely,

DOWNEY FIRE DEPARTMENT
Lee Kirby, M.S., CHMM, REHS
HazMat Specialist / Fire Prevention Officer
11111 Brookshire Avenue
Downey, California 90241
(562) 904-7345 [Phone] ● (562) 869-3994 [Fax]
439
May 8, 2025
J ustin Lee
President
Ocean Blue Environmental Services, Inc.
925 West Esther Street
Long Beach, CA 90813
Re: Recommendation for Ocean Blue Environmental Services, Inc.

To whom it may concern:

Ocean Blue Environmental Services, Inc. (Ocean Blue) is under contract with Los Angeles World Airports (LAWA) for providing 24/7/36 5 hazardous waste emergency response clean-up, testing, pick-up, transport, and disposal. In addition, Ocean Blue has been on contract to clean and maintain LAWA’s storm drain systems at Los Angeles International Airport (LAX ) and V an Nuys Airport (V NY ) since 2015.

Ocean Blue has demonstrated responsiveness, professionalism, and reliability in addressing routine, ad hoc, and emergency req uests. Their efforts have contributed significantly and successfully to countless projects through the years, and we are very pleased with their work. Their commitment to ex cellence makes them a valuable and trusted partner, and I highly recommend their services.

Please contact me if you req uire further information regarding our ex perience with Ocean Blue.

Sincerely,
Conor Roche
Director of Maintenance
Los Angeles World Airports
E: croche@ lawa.org
O: 424 6 46 796 0
440
January 22, 2025
To:

Mr. Justin Lee
President
Ocean Blue Environmental Services, Inc.
925 W. Esther St.

Long Beach, CA 90813
From:

Orange County Public Works, OC Environmental Resources
2301 N. Glassell St.

Orange, CA 92865
Subject: Letter of Reference
To whom it may concern:

For more than 10 years, Orange County Public Works (OCPW) has utilized Ocean Blue Environmental Services, Inc. (Ocean Blue) with exemplary performance. Since March 2022, OCPW has retained Ocean Blue 12 times for various environmental cleanups including hazardous materials on roadways, underground stormdrain systems, and large flood control channels. Ocean Blue has a broad array of equipment at their disposal to handle the various incidents OCPW encounters. OCPW has maintained a long working relationship with Ocean Blue due to their expertise and experience.

Sincerely,
David Razo, Contract PM
Orange County Public Works
441
442
443
City of
Rancho Palos Verdes January 23, 2025
To whom it may concern,
It is my pleasure to provide this letter of recommendation for Ocean Blue Environmental Services.

As the Superintendent of the City of Rancho Palos Verdes Public Works Department, I am tasked with maintaining our city to the highest environmental standards, meeting the demands of our residents and the stringent requirements of state and federal regulations. To fulfill this critical responsibility, I have relied exclusively on Ocean Blue Environmental Services for the past seven years.

Ocean Blue has consistently demonstrated responsiveness, professionalism, and a proactive attitude in addressing both routine and emergency situations. Their efforts have significantly contributed to keeping our city not only operational but also looking its best.

In 2023 and 2024, the City of Rancho Palos Verdes faced back-to-back heavy rainstorms that caused extensive damage to public rights-of-way and sewer infrastructure, ultimately leading to a declared state of emergency at both the federal and local levels. Ocean Blue stepped in immediately, deploying environmental mitigation teams to multiple sites simultaneously. Their swift response and highly effective solutions played a vital role in mitigating the impacts of these storms.

From senior management to field staff, Ocean Blue's team consistently exemplifies professionalism and dedication. They are not merely a contractor for the City of Rancho Palos Verdes—they are a trusted and valuable partner. I wholeheartedly recommend Ocean Blue Environmental Services to any public or private organization seeking reliable and expert environmental services.

If you have any questions or would like additional information about my experience working with Ocean Blue, please contact me at [[email protected]] or [310-544-5221].

Sincerely, Juan Hernández
Juan Hernandez, Superintendent
Department of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.

Rancho Palos Verdes, CA 90275
444
445
446
447
448
449

EVALUATION

CRITERIA
Price
Local SBE (Y/N)
Local SBE
Preference Amount
Social Enterprise (Y/N)
Social Enterprise Preference
Amount

DVBE (Y/N)
Disabled Veteran Business
Enterprise Preference Amount
Adjusted Proposal Amount
Proposed Price
(50 Points)
References
CARD Reference Percentage
Deduction*
(If Applicable)
Final Reference Score
(Including Deductions, if any)
(10 Points)
Evaluator 1 15 Evaluator 1 15 Evaluator 1 10
Evaluator 2 15 Evaluator 2 15 Evaluator 2 5
Evaluator 3 15 Evaluator 3 15 Evaluator 3 5
Total 45 Total 45 Total 20
Average 15.00 Average 15.00 Average 6.67
Evaluator 1 15 Evaluator 1 15 Evaluator 1 10
Evaluator 2 15 Evaluator 2 15 Evaluator 2 10
Evaluator 3 15 Evaluator 3 15 Evaluator 3 5
Total 45 Total 45 Total 25
Average 15.00 Average 15.00 Average 8.33
Evaluator 1 10 Evaluator 1 10 Evaluator 1 7
Evaluator 2 10 Evaluator 2 7 Evaluator 2 7
Evaluator 3 10 Evaluator 3 10 Evaluator 3 3
Total 30 Total 27 Total 17
Average 10.00 Average 9.00 Average 5.67

FINAL TOTAL
POINTS*
(Including any Labor/Law Violation
Deductions)
N N
ON-CALL EMERGENCY REMOVAL OF HAZARDOUS MATERIAL (BRC0000350)

FINAL PROPOSAL EVALUATION SUMMARY

N/A N/A N/A
N
N N
N/A
$1,843,790.00
N

10.00 8.23 9.13

10.00 8.23 9.13

N/A N/A N/A
100.00 89.54 64.21
50 42.31

N/A N/A
$1,268,870.00 $1,499,450.88 $1,843,790.00

34.41 N/A
N/A
*Calculate to the nearest hundredth (2 decimal places)
Equipment
(10 Points)
$1,268,870.00 $1,499,450.88
Work Plan/Quality Assurance
Program
(15 Points)
Experience
(15 Points)

OCEAN BLUE

ENVIRONMENTAL
SERVICES, INC.

CLEAN HARBORS

ENVIRONMENTAL
SERVICES, INC.

SINGH GROUP, INC.

N
N
N/A
N
450
Ancon NRC Ocean Blue Clean Harbors
Proposal Score Proposal Score Proposal Score Proposal Score Danny Rodriguez 69 73 80 66
Shirin Sadrpour 81 84 91 75
Lawrence Fang 92 94 93 75
Rita Brenner 86.5 89 89.5 78
Pauling Sun 80 94 88 70
Average 82 87 88 72.8
LBE Preference 8 8 8 8
Total 90 95 96 81
RANK 3 2 1 4
Proposal & Interview Ratings
Emergency Response and Hazardous Waste Management Services 451