San Clemente City Council
February 17, 2026

227
City Council Regular Meeting Minutes February 3, 2026
Parks and Recreation Director
Negotiating Parties: Rhinos Rugby
Under Negotiations: Price and terms for potential financial contribution for development and use/lease agreement

2. Real Property Negotiations: APN: None
Property: Potential lease of City Right-of-Way located between 242 Avendia Del Mar and 218 Avenida Del Mar (Farmers Market) City Negotiators: Andy Hall, City Manager; Samantha Wylie, Beaches, Parks and Recreation Director
Negotiating Parties: Introduction Unlimited, Inc.

Under Negotiations: Price and terms for potential lease extension for the Farmers Market

3. Real Property Negotiations: APN: 701-041-06, 701-041-52, 701-041-55, 701-041-58, 701-041-59, 701-041-62, 701-043-07, 701-043-08, 701-043- 09, and 701-341-02
Property: Properties located near the eastern terminus of Avenida Pico in the City of San Clemente
City Negotiators: Andy Hall, City Manager; Adam Atamian, Community Development Director
Negotiating Parties: Foothill/Eastern Transportation Corridor Agency, Talega Associates, LLC, and Talega Maintenance Corporation Under Negotiations: Terms
AYE: Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
ABSENT: Cabral
Councilmember Wu left Closed Session deliberations at 5:11 p.m.

Closed Session concluded at 5:29 p.m.

BUSINESS MEETING
The Regular Business meeting reconvened at 5:32 p.m. with all City Councilmembers present.

INVOCATION
Associate Pastor Jim Wilke, Calvary South OC, gave the invocation.

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

228
City Council Regular Meeting Minutes February 3, 2026

1. Special Presentations
A. PRESENTATION OF COMMENDATIONS – RECOGNIZING LIFESAVING EFFORTS AT RICHARD T. STEED MEMORIAL PARK
Councilmember Cabral with the City Council presented commendations to Orange County Fire Authority Firefighter John Rowlands and Orange County Sheriff’s Deputies Levi Nunes and Matthew Rudy in recognition of their successful lifesaving efforts at Richard T. Steed Memorial Park. Displayed a video of a news story detailing the lifesaving efforts.

2. Council Member Reports
Councilmember Enmeier:
· Expressed his support for San Clemente High School Teacher, Mrs. Currie, who is battling cancer.

Councilmember Cabral:
· Announced that the Orange County Fire Authority Legislative Committee received an update from their lobbyist concerning proposed legislation on January 21, 2026.
· Speaking engagement at Speakeasy on January 21, 2026. · Attended the Orange County Fire Authority Board meeting on January 22, 2026; announced the appointment of Interim Fire Chief McGovern. · Attended a ribbon cutting for BMO Bank on January 23, 2026. · Attended the Lifeguard Foundation reception on January 24, 2026. · Visited with the volunteers for the goat grazing program on January 25, 2026. · Met with State legislators regarding current and upcoming legislation on January 26, 2026.
· Attended the Investment Advisory Committee on January 26, 2026. · Met with the Chief Executive Officer for Sun Day Red on January 27, 2026. · Attended the San Clemente Employee Luncheon on January 29, 2026. · Attended a meeting at Disneyland concerning operations on January 28, 2026.
· Met with Assemblyman Chan concerning legislation.
· Participated on a mentorship program with University of California Irvine students on January 31, 2026.
· Previewed a film concerning a story about a firefighter. · Met with “Love to Serve San Clemente” concerning their upcoming day of action at San Clemente schools on February 2, 2026.

Councilmember Wu:
· Attended the Chamber of Commerce Community Affair Meeting on January 28, 2026.
· Attended the Chamber of Commerce Work Force Stake Holder Committee meeting on January 28, 2026.

229
City Council Regular Meeting Minutes February 3, 2026
· Recognized Sam Darnold, San Clemente High School Alumni, for his success with the Seattle Seahawks going to Super Bowl LX.

Mayor Pro Tem Knoblock:
· Attended a meeting with the South County Coalition on January 23, 2026. · Attended the ribbon cutting for BMO Bank on January 23, 2026. · Attended meetings with Assemblywoman Dixon concerning sand and beach nourishment.
· Attended the Lifeguard Foundation reception on January 24, 2026. · Attended the San Clemente Employee Luncheon on January 29, 2026. · Attended a premier of “Melania”.
· Attended a meeting with the South Orange County Water Authority concerning the proposed Doheny Desalination project.
· Attended a meeting at Disneyland concerning operations on January 28, 2026.

Mayor Loeffler:
· Attended briefings with City Manager Hall and City Attorney Mitchell. · Attended the ribbon cutting for BMO Bank on January 23, 2026. · Attended the Coffee Chat at the Senior Center on January 23, 2026. · Attended a meeting with City Landmark Events on January 23, 2026. · Attended the Junior Lifeguard Foundation Mixer on January 24, 2026. · Attended a meeting with USA Surfing concerning the 2028 Olympics on January 26, 2026.
· Attended a Pier Pride meeting concerning the Pier Entrance Project on January 26, 2026.
· Attended a San Clemente Chamber of Commerce meeting on January 28, 2026.
· Attended the San Clemente Employee Luncheon on January 29, 2026. · Attended the “Love San Clemente” plant pick-up on January 30, 2026. · Attended the Los Angeles N.E.C.A Board installation on January 31, 2026. · Attended a meeting concerning the Mayor’s Prayer Breakfast on February 2, 2026.
· Attended a South Orange County Water Authority meeting concerning the proposed Doheny desalination project on February 2, 2026. · Provided an update on Marine Safety operations with the warm weather as it relates to staffing.

3. Oral Communications (Part 1)
Amanda Quintanilla narrated a PowerPoint presentation entitled "Surveillance Camera". A hard copy of the presentation is on file with the City Clerk.

Matt Houser, San Clemente, spoke on his legal troubles with the City; urged the City Council to assist with his court case.

230
City Council Regular Meeting Minutes February 3, 2026
Darlene Huggins, San Clemente, spoke in support of Matt Houser.

George Huggins, San Clemente, spoke in support of Matt Houser.

Lois McNicoll commented on the San Clemente High School anti-ice protest; opined on actions by Mayor Loeffler.

Ramona Daly commented on the proposed water rate increase. The City Council deferred her comments to that item on the agenda.

George Gregory, San Clemente, opined on the possibility of a "Cars and Coffee" donation; spoke on the goat grazing program; suggested that the City require e-bike riders to wear safety vests.

Polly Zinny, San Clemente, spoke in support of Matt Houser.

Mike Kay commented on the goat grazing program.

Dennis Grimes, San Clemente, urged the City Council to focus on revitalizing North Beach.

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

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
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:

Reported that Councilmember Cabral joined Closed Session deliberations at 4:46 p.m.

Direction given, no reportable action concerning:

1. Real Property Negotiations: APNs: 678-16-01 and 690-552-06 Property: Northwest lot at Vista Hermosa Sports Park (known as the Meadows/Fields 7,8,9) and a portion of Richard T. Steed Memorial Park City Negotiators: Andy Hall, City Manager; Samantha Wylie, Beaches, Parks and Recreation Director
Negotiating Parties: Rhinos Rugby
Under Negotiations: Price and terms for potential financial contribution for

231
City Council Regular Meeting Minutes February 3, 2026
development and use/lease agreement
Direction given, no reportable action concerning:

2. Real Property Negotiations: APN: None
Property: Potential lease of City Right-of-Way located between 242 Avendia Del Mar and 218 Avenida Del Mar (Farmers Market)
City Negotiators: Andy Hall, City Manager; Samantha Wylie, Beaches, Parks and Recreation Director
Negotiating Parties: Introduction Unlimited, Inc.

Under Negotiations: Price and terms for potential lease extension for the Farmers Market
Reported that Councilmember Wu recused himelf from deliberations for this item and left Closed Session at 5:11 p.m. Direction given, no reportable action concerning:

3. Real Property Negotiations: APN: 701-041-06, 701-041-52, 701-041-55, 701- 041-58, 701-041-59, 701-041-62, 701-043-07, 701-043-08, 701-043-09, and 701-341-02
Property: Properties located near the eastern terminus of Avenida Pico in the City of San Clemente
City Negotiators: Andy Hall, City Manager; Adam Atamian, Community Development Director
Negotiating Parties: Foothill/Eastern Transportation Corridor Agency, Talega Associates, LLC, and Talega Maintenance Corporation
Under Negotiations: Terms

7. Staff Communications
None.

8. Public Hearings
8A. BILLING FOR 2025 WEED ABATEMENT PROGRAM
Mayor Loeffler opened the Public Hearing.

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

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

Adopt Resolution No. 26-18, which will:

1. Waive the City’s notification costs for the compliant property owners.

232
City Council Regular Meeting Minutes February 3, 2026

2. Approve the Weed Abatement Report dated February 3, 2026 and on file with the City Clerk.

3. Authorize the Weed Abatement Contract Administrator to bill the amounts indicated in the report to the appropriate property owners.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
8B. PUBLIC HEARING TO CONSIDER A CITY COUNCIL INITIATED APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF PUBLIC HEARING
PROJECT 25-527, AN AMENDMENT TO CULTURAL HERITAGE PERMIT 16-376, MIRAMAR EVENTS CENTER, 1700 N. EL CAMINO REAL, TO

MODIFY PREVIOUSLY APPROVED PROJECT PLANS TO INFILL PORTIONS

OF AN EXISTING EXTERIOR SECURITY WALL AND ADD A FOUNTAIN

FEATURE WITHIN THE MIRAMAR THEATER PATIO AND DETERMINE

WHETHER THE PROJECT IS CATEGORICALLY EXEMPT FROM THE

REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES §15301 (CLASS 1: EXISTING FACILITIES), §15302 (CLASS 2: RECONSTRUCTION OR REPLACEMENT), AND §15303 (CLASS 3: NEW CONSTRUCTION OR CONVERSION OF

SMALL STRUCTURES)
Mayor Loeffler opened the public hearing.

Mayor Loeffler disclosed that he had ex-parte communications with the Planning Commission Chair to address questions he had concerning the project, received emails from residents concerning the project.

Councilmember Cabral disclosed that he had ex-parte communications with the Planning Commission Chair to address questions he had concerning the project, community feedback concerning expediting the project.

Councilmember Enmeier disclosed that he had previously toured the facility.

Councilmember Wu disclosed that he spoke to a resident regarding their concerns, walked the site and received emails related to the project and conditions.

Mayor Pro Tem Knoblock disclosed that he spoke to a resident regarding their concerns.

City Planner Lightfoot narrated a PowerPoint presentation entitled "Miramar Theater Courtyard Revisions" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Aaron Leshte, applicant, commented on the Miramar Theater project and the

233
City Council Regular Meeting Minutes February 3, 2026
request for modifications to the site. Responded to City Council inquiries.

Larry Culbertson narrated a PowerPoint presentation concerning the proposed modifications to the exterior patio wall. A hard copy of the presentation is on file with the City Clerk.

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

George Gregory spoke in support of maintaining the current fence.

Wayne Eggleston urged the City Council to keep the entryway of the Miramar visible to the public.

Aaron Leshte, applicant, responded to the comments made by the public speakers.

There being no others desiring to speak, Mayor Loeffler closed the public hearing.

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

Adopt Resolution No. 26-19 which will:

1. Determine the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 (Class 1: Existing Facilities), §15302 (Class 2:

Reconstruction or Replacement), and §15303 (Class 3: New Construction or Conversion of Small Structures).

2. Approve Public Hearing Project 25-527, an amendment to Cultural Heritage Permit (CHP) 16-376, to allow modifications to the wall portion of the courtyard patio enclosure that includes a stucco base with wrought iron fencing above, with the modification of Section 4, number 2 to read as follows:

2. “For the portion of the courtyard patio enclosure that includes a stucco base with wrought iron fencing above, the applicant may install an operable closure to allow for privacy and sound mitigation during events.

The operable element shall use materials compatible with the historic Miramar Theater, and the operable element shall remain open to allow views into the courtyard except for times during which there is a scheduled private event at the property;”

234
City Council Regular Meeting Minutes February 3, 2026
AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None

MEETING RECESSED
The City Council recessed the meeting at 7:32 p.m. and reconvened at 7:38 p.m. with all City Councilmembers present.
8C. OBJECTION HEARING AND CONSIDERATION OF WRITTEN RESPONSES

TO WRITTEN OBJECTIONS TO PROPOSED WATER FEES, PURSUANT TO PROPOSITION 218 AND GOVERNMENT CODE SECTIONS 53750 THROUGH 53759.2, TO IMPLEMENT EXHAUSTION OF ADMINISTRATIVE REMEDIES Mayor Loeffler opened the Public Hearing.

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

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

Adopt Resolution No. 26-20, which will:

1. Determine that there were no timely written legal objections to proposed water rates and charges received.

2. Direct staff to respond in writing to the communications received.

3. Determine that clarifications, further review or reduction or abandonment of the proposed water rates, fees and charges is not warranted in accordance with Government Code sections 53759.1 and 53759.2.

4. Make no changes to the Water Rate Study Report nor the proposed adjustment to water rates and charges.

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

9. Unfinished Business
None.

235
City Council Regular Meeting Minutes February 3, 2026

10. New Business
10A. CONSIDERATION OF CREATING A HARBOR TASK FORCE TO DETERMINE

FEASIBILITY OF INSTALLING A HARBOR
Motion by Mayor Pro Tem Knoblock, second by Mayor Loeffler, CARRIED 3-2 (Councilmember Enmeier and Councilmember Wu voting NOE), to have Mayor Pro Tem Knoblock chair an Ad-Hoc Committee and utilize no more than 10 hours of staff time to investigate feasibility of a harbor in San Clemente.

AYE: Cabral, Knoblock and Mayor Loeffler
NOE: Enmeier and Wu
10B. DISCUSSION OF TRANSIT PROGRAMS INCLUDING: SENIOR MOBILITY

PROGRAM, SC RIDES, THE LAST MILE PROGRAM, CMO SHUTTLE

PROGRAM, AND THE SAN CLEMENTE TROLLEY
Assistant City Engineer Ponsen and Public Works Director/City Engineer Rebensdorf narrated a PowerPoint presentation entitled "San Clemente Transit Programs" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

The City Council directed staff to increase the trolley program as grant and other funding sources allow.

Motion by Councilmember Enmeier, second by Councilmember Cabral, CARRIED 5-0, to receive and file the Administrative Report dated February 3, 2026 and on file with the City Clerk.

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

11. Consent Calendar
A speaker card was submitted following the approval of the Consent Calendar, the City Council agreed to hear the comment, which required the City Council to reconsider item 11D. Please reference page 15 for a summary of action.

A. City Council Minutes
Motion by Councilmember Enmeier, seconf by Councilmember Cabral, CARRIED 5-0, to:
(1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF JANUARY 20, 2026.

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

236
City Council Regular Meeting Minutes February 3, 2026
B. Commission/Committee Minutes
Motion by Councilmember Enmeier, seconf by Councilmember Cabral, CARRIED 5-0, to receive and file:
(1) ARTS AND CULTURE COMMITTEE REGULAR MEETING MINUTES OF OCTOBER 27, 2025.
(2) INVESTMENT ADVISORY COMMITTEE REGULAR MEETING MINUTES OF OCTOBER 27, 2025.
(3) INVESTMENT ADVISORY COMMITTEE SPECIAL MEETING MINUTES OF NOVEMBER 10, 2025.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
C. Warrant Register
Motion by Councilmember Enmeier, seconf by Councilmember Cabral, CARRIED 5-0, to:
(1) APPROVE WARRANT NOS.
609270 THROUGH 609420, PAID ON
1-16-26, IN THE AMOUNT OF $1,514,363.02
TOTAL WARRANT REGISTER $1,514,363.02
AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
Payroll Register
None.
11E. CONTRACT AWARD - FY 2026 MAJOR STREET MAINTENANCE AND FY 2026 PAVEMENT PRESERVATION PROGRAM, AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Motion by Councilmember Enmeier, second by Councilmember Cabral, CARRIED 5-0, to:

Adopt Resolution No. 26-22, which will:

1. Find the FY 2026 Major Street Maintenance and FY 2026 Pavement Preservation Program, CIP Project Nos. 26303 and 26304, 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 FY 2026 Major Street Maintenance and FY 2026 Pavement

237
City Council Regular Meeting Minutes February 3, 2026
Preservation Program, contract to L.C. Paving & Sealing, Inc.

3. Approve, and authorize the City Manager to execute, Contract No. C26-12, by and between the City of San Clemente and L.C. Paving & Sealing, Inc., providing for the FY 2026 Major Street Maintenance and FY 2026 Pavement Preservation Program, in an amount not to exceed $581,210, in a form substantially similar to Contract No. C26-12 (Attachment 2).

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
11F. CONTRACT AWARD - CONSTRUCTION MANAGEMENT AND INSPECTION

SERVICES FOR THE CALLE REAL PUMP STATION REHABILITATION, AND

THE REEVES BOOSTER PUMP STATION
Motion by Councilmember Enmeier, second by Councilmember Cabral, CARRIED 5-0, to:

Adopt Resolution No. 26-23, which will:

1. Award a Professional Consultant Services Agreement to TKE Engineering, Inc. for the Construction Management and Inspection Services for the Calle Real Pump Station Rehabilitation, CIP Project No. 19516; and Reeves Booster Pump Station, CIP Project No. 17405.

2. Approve, and authorize the City Manager to execute, Contract No. C26-13, by and between the City of San Clemente and TKE Engineering, Inc., providing for the Calle Real Pump Station Rehabilitation and Reeves Booster Pump Station, in an amount not to exceed $564,316, in a form substantially similar to Contract No. C26-13 (Attachment 2).

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
11G. CONTRACT AWARD - CATCH BASIN AND STORM DRAIN IMPROVEMENTS

AT AVENIDA PRESIDIO AND CALLE MIGUEL, AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Motion by Councilmember Enmeier, second by Councilmember Cabral, CARRIED 5-0, to:

Adopt Resolution No. 26-24, which will:

1. Find the Catch Basin and Storm Drain Improvements at Avenida Presidio and Calle Miguel, CIP Project No. 12003, are categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing

238
City Council Regular Meeting Minutes February 3, 2026
Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Award a contract to Torres Sanitation Systems Construction as the lowest responsive and responsible bidder based on the base bid, for Catch Basin and Storm Drain Improvements at Avenida Presidio and Calle Miguel.

3. Approve, and authorize the City Manager to execute, Contract No. C26-14, by and between the City of San Clemente and Torres Sanitation Systems Construction, providing for the Catch Basin and Storm Drain Improvements at Avenida Presidio and Calle Miguel, in an amount not to exceed $465,150, in a form substantially similar to Contract No. C26-14 (Attachment 2).

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
11H. CONSIDERATION OF AN EXEMPTION TO THE FORMAL SOLICITATION

PROCESS, AWARDING AND APPROVING A SERVICE EXTENSION IN

ACCORDANCE WITH THE EXISTING MASTER SUBSCRIPTION
AGREEMENT WITH GRANICUS, INC. FOR THE GRANICUS LEGISLATIVE

MANAGEMENT SYSTEM
Motion by Councilmember Enmeier, second by Councilmember Cabral, CARRIED 5-0, to:

Adopt Resolution No. 26-25, which will:

1. Authorize an exemption to the formal solicitation process under City Policy 201-2-1, Section XI.A.1.1.2.

2. Award and approve a three-year extension under the Master Subscription Agreement with Granicus, LLC. for the Granicus Legislative Management System.

3. Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. C19-88, by and between the City of San Clemente and Granicus, LLC., providing for a three year extension for the Legislative Management System, in an amount not to exceed $113,961 over a three-year term.

4. Authorize the City Manager to execute future agreement extensions providing the annual increase in subscription fees does not exceed 5% per year.

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

239
City Council Regular Meeting Minutes February 3, 2026
11I. NOTICE OF COMPLETION - SOUTH EL CAMINO REAL LANE

RECONFIGURATION AND BUFFERED BIKE LANE PROJECT FROM
AVENIDA MENDOCINO TO SOUTH CITY LIMIT- FEDERAL PROJECT NO.

CML-5274(039), FTIP NO. ORA 190914, CITY CIP PROJECT NO. 11308, AND

CONSIDERATION OF RED CURB MODIFICATION ON SOUTH EL CAMINO

REAL, AND FINDING THE ACTIONS CATEGORICALLY EXEMPT UNDER

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion by Councilmember Enmeier, second by Councilmember Cabral, CARRIED 5-0, to:

Adopt Resolutions No. 26-26 (Notice of Completion) and No. 26-27 (Red Curb Modification), which will:

1. Approve the final project design and accept the South El Camino Real Lane Reconfiguration and Buffered Bike Lane Project from Avenida Mendocino to South City Limit, Federal Project No. CML-5274(039), FTIP No. ORA 190914, City CIP Project No. 11308, from ONYX Paving Company, Inc.

2. Authorize the City Clerk to execute and record the Notice of Completion for the South El Camino Real Lane Reconfiguration and Buffered Bike Lane Project from Avenida Mendocino to South City Limit.

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, ONYX Paving Company, 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 Director/City Engineer in the amount of 25% of the total construction cost.

5. Find the project categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

6. Approve the red curb modification as illustrated in Attachment 5 of the Administrative Report dated February 3, 2026 and on file with the City Clerk.

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

240
City Council Regular Meeting Minutes February 3, 2026

ITEMS REMOVED FROM THE CONSENT CALENDAR FOR PUBLIC COMMENT 11D. CONSIDERATION OF A RESOLUTION APPROVING A LICENSE

AGREEMENT WITH THE HERITAGE OF SAN CLEMENTE FOUNDATION

FOR INSTALLATION OF A SECURITY CAMERA AT PARK SEMPER FI AND

FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
The City Council received a public comment following approval of the Consent Calendar. The City Council agreed to hear the public comment, which required a vote for reconsideration.

Motion by Councilmember Wu, second by Mayor Loeffler, CARRIED 5-0, to reconsider this item to allow for the public speaker.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
Mike Kay spoke in support of this item.

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

Adopt Resolution No. 26-21, which will:

1. Find the project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Title 14, Sections 15301 (Class 1 - Existing Facilities) and/or 15303 (Class 3 - New Construction or Conversion of Small Structures).

2. Approve a License Agreement with the Heritage of San Clemente Foundation authorizing the installation, operation, monitoring, and maintenance of a security camera at Park Semper Fi (106 Alameda Lane).

3. Approve, and authorize the City Manager to execute, Contract No. C26-11, by and between the City of San Clemente and Heritage of San Clemente Foundation, providing for a license agreement authorizing the installation, operation, monitoring, and maintenance of a security camera at Park Semper Fi, and authorize the City Manager to execute at his discretion any future term extensions consistent with its provisions.

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

241
City Council Regular Meeting Minutes February 3, 2026

12. Oral Communications (Part 2)
Tony Rubolino narrated a PowerPoint presentation entitled "City Council Chambers Aggression & Harrassment". A hard copy of the presentation is on file with the City Clerk.

13. Future Agenda Items
Meeting Decorum
Mayor Loeffler requested memo or similar concerning meeting decorum.

Recognition of Sam Darnold
Councilmember Enmeier, with the support of Councilmember Cabral, requested that the City recognize San Clemente High School Alumni, Sam Darnold, currently with the Seattle Seahawks, on his journey to the Super Bowl.

Goat Grazing Program Update
Mayor Pro Tem Knoblock requested that an update be provided concerning a goat grazing program.

14. Reports
A. City Attorney
None.

B. City Manager
City Manager Hall announced that he executed the following contracts under his signature authority:

1. Great Scott Tree Service providing for Palm Removal on Camino De Los Mares in the amount of $36,743.

2. We do lights providing for T-Zone Year-Round Tree Lighting Maintenance Services in the amount of $16,926.

3. Summers Murphy and Partners providing for landscape architecture consulting services for the Max Berg Plaza Park fountain rehabilitation in an amount not to exceed $60,000.

4. AKM Consulting Engineers providing for the Cyprus Shore Sewer Lift Station Construction Support Services in the amount of $49,744.

242
City Council Regular Meeting Minutes February 3, 2026

15. Adjournment
Motion by Councilmember Cabral, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to adjourn at 8:16 p.m. The next Regular Meeting will be held on February 17, 2026. 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, Knoblock, Wu and Mayor Loeffler
NOE: None
_______________________________
Rick Loeffler, Mayor of the City of
San Clemente, California
_______________________________
CITY CLERK of the City of
San Clemente, California

243
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: February 17, 2026 Agenda Item: (1)
244
245
246
247
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: February 17, 2026 Agenda Item: (2)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
PLANNING COMMISSION REGULAR MEETING MINUTES OF JANUARY 21, 2026 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
248

MINUTES OF THE REGULAR MEETING

OF THE CITY OF SAN CLEMENTE

PLANNING COMMISSION
January 21, 2026 @ 6:00 p.m.

San Clemente City Hall Council Chamber
910 Calle Negocio, San Clemente, CA 92673
Teleconference via www.san-clemente.org

1. CALL TO ORDER
Chair Cosgrove called the Regular Meeting of the Planning Commission of the City of San Clemente to order at 6:01 p.m. The meeting was offered in person at San Clemente City Hall Council Chambers, 910 Calle Negocio, San Clemente, California, 92673, and also via live stream from the City’s YouTube Channel.

2. PLEDGE OF ALLEGIANCE
Vice Chair Camp led the Pledge of Allegiance.

3. ROLL CALL
Commissioners Present: Chair Cameron Cosgrove; Vice Chair M. Steven Camp; Chair Pro Temp Scott McKhann; Gary McCaughan (arrived at 6:06 p.m.); Brett Freeman; and Patrick Griffin
Commissioners Absent: Karen Prescott-Loeffler
Staff Present: Christopher Wright, Senior Planner
David Carrillo, Lead Project Planner
John Ciampa, Contract Planner
Brendan Hanley, Planning Technician
Justin Tomayo, Acting Deputy City Attorney
Tamara Tatich, Recording Secretary
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

4. SPECIAL ORDER OF BUSINESS/SPECIAL PRESENTATION
None.

5. MINUTES
A. Receive and file Minutes from the Planning Commission Regular Meeting of December 3, 2025.

DRAFT
249
Planning Commission Regular Meeting Minutes of January 21, 2026 Page 2

IT WAS MOVED BY PATRICK GRIFFIN, SECONDED BY BRETT FREEMAN, AND CARRIED 5-1, VICE CHAIR CAMP ABSTAINED, COMMISSIONER PRESCOTTLOEFFLER ABSENT, TO RECEIVE AND FILE THE MINUTES FROM THE REGULAR MEETING OF DECEMBER 3, 2025.

B. Receive and file Minutes from the Planning Commission Regular Meeting of December 17, 2025.

IT WAS MOVED BY CHAIR COSGROVE, SECONDED BY CHAIR PRO TEM MCKHANN, AND CARRIED 6-0, COMMISSIONER PRESCOTT-LOEFFLER ABSENT, TO CONTINUE APPROVAL OF THE DECEMBER 17, 2025 REGULAR MEETING MINUTES TO THE NEXT MEETING OF THE PLANNING COMMISSION.

6. ORAL AND WRITTEN COMMUNICATIONS
None.

7. CONSENT CALENDAR
None.

8. PUBLIC HEARING
A. Public Hearing Project (PHP) 23-478, Shoreline Church Remodel, 211 Avenida Fabricante
A public hearing to consider a request for an Amendment to Conditional Use Permit 13-006 (AM CUP13-006) to remodel and internal expansion of the existing church sanctuary to 579 seats and a Conditional Use Permit (CUP 23- 478) for a proposed daycare use at a property in the Rancho San Clemente Specific Plan area. A Minor Conditional Use Permit (MCUP 25-557) is requested for shared parking and off-site parking for the additional parking required for the proposed intensification and new uses to the site. The project is also requesting a Development Permit (25-560) for exterior façade enhancements and two new decks at the rear and east side of the property that would partially extend over the property lines and into the adjacent Private Open Space (OS2) zoned lot (under ownership of Shoreline Church). The proposed decks are necessary to provide the state-mandated outdoor play area for the proposed daycare use.

The Planning Commission will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines §15301 (Class 1: Existing Facilities) and §15303 (Class 3: New Construction of Small Structures).

Having heard no disclosures reported by the Commission pertaining to the project, Chair Cosgrove opened the public hearing.

DRAFT
250
Planning Commission Regular Meeting Minutes of January 21, 2026 Page 3 Contract Planner Ciampa summarized a presentation titled, “Shoreline Church, AM CUP 13-006, CUP 23-478, MCUP 25-557, & DP 25-560.” A copy of the presentation is available by contacting the City of San Clemente Planning Division. Staff’s presentation highlighted:
• The church property is located within the Rancho San Clemente Specific Plan in a business park zoning area, with adjacent private open space parcels.
• The original 2013 conditional use permit allowed 308 seats and a daycare for 80 children, but daycare use was never activated and expired. • The current proposal includes internal expansion (no building footprint increase) to accommodate more seating, preschool use, and upgrades to outdoor play areas via decks extending over private open space. • Parking demand for weekday operations (preschool, offices, café) would be met on-site (72 stalls restored after COVID-related changes), but weekend sanctuary service demand requires off-site parking agreements with 290 spaces within 1,000 feet and shuttle services.
• A traffic and parking management plan was reviewed and deemed adequate by City Traffic Engineers. Staggered preschool drop-off times were proposed to reduce congestion.
• Noise considerations: Amplified music during services requires doors/windows closed per municipal code; preschool noise exempt but mitigated with sound-absorbing fencing and operational measures. • Deck extensions over private open space parcels require lot tie agreements; this approach is consistent with precedent in the city. • Facade enhancements include awnings, siding, hardscape, and shade structures, designed to be consistent with the building’s architectural style. • Public Concerns: Two letters were received from the public expressing concerns about the facility's operations and the expansion of the decks into the open space area.

Commissioners Questions and Discussion:
• Clarification was sought on how parking agreement’s function, pedestrian circulation from off-site lots, noise mitigation, and the nature of the daycare/preschool program (ages 3-5, parents provide lunches, quiet nap times).
• Commissioners expressed concerns about the lack of formal Business Park Association (BPA) approval and potential for litigation but were advised by the city attorney that BPA approval is a private matter not required for city approval and should not influence the commission’s decision. • Noise and environmental concerns raised by public letters were addressed by staff and city attorney, who found no substantial evidence to require an Environmental Impact Report (EIR); the project was recommended for Categorical Exemption.
• Clarification with staff regarding the approved 308 seats being expandable to 700 seats, which is within the request for 579 seats. • Confirmed that the approved daycare use was approved but lapsed due to non-usage.

DRAFT
251
Planning Commission Regular Meeting Minutes of January 21, 2026 Page 4 Applicant Presentation:

Architect and applicant Tony Torres introduced Pastor George Hulse from Shoreline Church who provided an introduction about the church and its community. The applicants addressed the Commissioners’ questions and concerns:
• BPA: The applicant stated that the association is inactive with no formal meetings; however, they obtained signatures from individual property owners for CC&R amendments related to open space use.
• The deck addresses open space requirements for daycare, maintaining drainage and minimizing site impact.
• Expansion of the worship room will occur within the existing footprint by removing a storage room.
• Shared parking agreements will handle parking requirements, with volunteers managing pedestrian traffic and parking
Christopher Scott, Shoreline Church Director of Financial Stewardship was introduced to explain how traffic flows between the different properties.

Public Comments:

Brooklyn DeSoto: Preschool teacher and resident, spoke about the difficulty for working parents to find safe daycare. She believes the program would benefit children's cognitive, social, and motor skills. The timing of the program, with nap time from 12:30 to 2:30, would minimize noise impact on neighboring businesses.

Jaimie Holtz: Shoreline congregant and resident, mentioned that Shoreline will be implementing a program called "Pick My Kid" to help with traffic flow.

Laura Wilson: Shoreline congregant, educator and resident, believes there is a need for another faith-based preschool in San Clemente and that the church has an incredible facility for it.

Kayla Merwin: Shoreline congregant and resident, agrees that there is a need for preschool in the community, praising their care for the church body and community.

Following public comments, the Commission requested staff to describe the two public comment letters received. Senior Planner Wright reviewed the first from a BPR stating the board hasn't taken action, so their position isn't confirmed.

Deputy City Attorney (DCA) Tomayo and Senior Planner Wright explained that the Municipal Code doesn’t require a business park association’s approval for the Planning Commission to act, and that the requirement applies to residential homeowners’ associations. DCA Tomayo advised that CC&Rs are private documents between private parties, does not involve the City, and is not considered a Finding for making a determination; and cautioned the Commission to not rely on the CC&Rs in rendering a decision.

DRAFT
252
Planning Commission Regular Meeting Minutes of January 21, 2026 Page 5 The second letter from a property owner questioned the project's compliance with CC&Rs. DCA Tomayo stated that he reviewed the letters and did not find any substantial evidence being set forth in the letter that would change the analysis that is included in the staff reports and resolutions.

COMMISSIONER MCCAUGHAN MADE A MOTION TO REQUIRE BUSINESS PARK

ASSOCIATION APPROVAL A PREREQUISITE OF THE PLANNING COMMISSION DETERMINATION. THE MOTION DID NOT MOVE FORWARD DUE TO LACK OF A SECOND.

COMMISSIONER GRIFFIN MADE A MOTION TO CONTINUE THE ITEM TO A DATE UNCERTAIN, SECONDED BY COMMISSIONER MCCAUGHAN.

COMMISSIONER MCKHANN MADE A SUBSTITUTE MOTION TO PROCEED WITH THE PUBLIC HEARING AND CONSIDER THE APPLICANT’S REQUEST, SECONDED BY VICE CHAIR CAMP, AND PASSED 4-2, COMMISSIONERS GRIFFIN AND MCCAUGHAN OPPOSED, COMMISSIONER PRESCOTT-LOEFFLER ABSENT.

Additional Public Comment (out of order due to oversight of speaker card):

Sandi Montez: Author of one of the letters and speaking on behalf of Carol and Tom Alexander, neighboring property owner expressed their concerns for parking and noise impacts and asked the issues are fully studied. Ms. Montez was also the author of one of the letters regarding the Rancho San Clemente Business Park (RSCBP) CC&Rs and stated that the BPA being referred to by the applicant is a sub-association and not RSCBP, the master association. Ms.

Montez stated that nothing has been addressed with the RSCBP and that there is not a parking lease agreement with the neighboring property as outlined in the staff report exhibit.

Applicant’s Responses to Public and Commissioner concerns:

Mr. Scott, clarified the BPA differences and the parking agreements made for weekdays versus weekends in that the preschool and café will not require parking agreements for the weekdays, in that the traffic routing efforts with parking agreements and a shuttle are on the weekends only when the businesses are not operating. Weekday parking is within the existing CUP.

Chair Cosgrove closed the public hearing.

Commissioner discussion continued regarding the BPA CC&Rs, CEQA and noise impacts. Chair Cosgrove polled the members to determine each members’ position on the item.

CHAIR COSGROVE MADE A SUBSTITUTE MOTION, SECOND BY VICE CHAIR CAMP, MOTION PASSED 5-1, COMMISSIONER GRIFFIN OPPOSED,

COMMISSIONER PRESCOTT-LOEFFLER ABSENT TO DETERMINE THE PROJECT

IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF CEQA PURSUANT TO THE CEQA GUIDELINES §15301 AND §15303 AND TO ADOPT RESOLUTION PC 26-006 APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT 13-006, DRAFT
253
Planning Commission Regular Meeting Minutes of January 21, 2026 Page 6 CONDITIONAL USE PERMIT 23-478, MINOR CONDITIONAL USE PERMIT 25-557, AND DEVELOPMENT PERMIT 25-560, SHORELINE CHURCH, 211 AVENIDA FABRICANTE, SUBJECT TO THE CONDITIONS OF APPORVAL.

B. Public Hearing Permit (PHP) 25-488 / DP25-294, Rasta Taco, 424 N. El Camino Real
A public hearing to consider a request to consider Development Permit (DP) 25- 294 for site improvements to remodel an existing single-story building and construct an accessory building for restrooms and accessory patio spaces to support outdoor dining at 424 N El Camino Real, which is in the Mixed Use 3.0 Zone and within the Central Business and Architectural Overlays.

The Planning Commission will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines §15301 (Class 1: Existing Facilities) and §15303 (Class 3: New Construction of Small Structures).

Chair Cosgrove disclosed that the project had been presented to the Design Review Subcommittee (DRSC) that was attended by Vice Chair Camp and Chair Pro Tem McKhann and opened the public hearing.

Planning Technician Hanley summarized a presentation titled, “Rita Chiquita Site Improvements, PHP25-488 DP25-531, January 21, 2026.” A copy of the presentation is available by contacting the City of San Clemente Planning Division.

Commissioners Questions and Clarifications:

The Commission clarified with staff that the applicant was seeking approval of a plan that was previously submitted to the DRSC and not the modified version presented post DRSC meeting. Planning Technician Hanley stated that the Commission has the ability to approve either the pre- or post- meeting plans and that the difference between plans are a minor exterior changes and architectural detailing. The site plan and floor plan are the same that DRSC reviewed.

Applicant Statement:

Chris Foerstel, the applicant and designer, introduced Mario Melendez, the owner.
• Foerstel explains that the intention at the DRSC meeting was to add "spider legs" to connect the fascia boards.
• Mr. Foerstel didn't think it was fair to compare the project to the Kaufman house.
• The "spider legs" would make it difficult for people to move around in the tight space.
• The original intention was to leave the Chris Able building untouched. • Mr. Foerstel is concerned that making connections would require a lateral on the building.

DRAFT
254
Planning Commission Regular Meeting Minutes of January 21, 2026 Page 7 • The new structures will feature T111 siding and beams around the patio cover, keeping the Chris Able building as the focal point. • Closing the curb will add two on-street parking spaces, bringing the total to about 30 seats.

Commissions Discussion:

Vice Chair Camp updated the other commissioners on the DRSC meeting:
• The DRSC was generally agreeable to maintaining the mid-century modern feel.
• They reviewed a previous, more evolved design last year that was too expensive.
• The location on El Camino Real is prominent and should be scrutinized more closely.
• The DRSC presented images of mid-century modern designs, including the Kaufman house, to inspire cohesive design elements.
• The DRSC felt the original design was disjointed and suggested connecting the fascia to link the buildings for a stronger architectural statement. • Not inclined to require the new design
• A suggestion was made to approve both versions as options.

Applicant’s Response:

Foerstel responded that tying the fascia board together across the front would be problematic due to the property line and the block wall that was the original firewall, and shared the owner prefers to leave the Chris Able building alone.

Commission Discussion:
• The design is referenced as a condition of approval, specifically 1.3. • Condition 1.3 reads "substantial conformance with approved plans.” "Substantial conformance" suggests flexibility in the design. • The main difference between the two designs is the continuation of the fascia board.
• El Camino Real frontage architectural designs is the primary focus, allowing comprise of removing the “spider legs” design feature from the rear.

Applicant’s Response:

Applicant agrees to running the fascia line across El Camino Real frontage to connect the two structures, and removing the spider legs from the rear as an acceptable compromise.

Chair Cosgrove closed the public hearing.

IT WAS MOVED BY CHAIR PRO TEM MCKHANN, AND SECONDED BY CHAIR COSGROVE, AND CARRIED 6-0, COMMISSIONER PRESCOTT-LOEFFLER ABSENT

TO DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF CEQA PERSUANT TO CEQA GUIDELINES §15301 AND §15303, AND APPROVE RESOLUTION PC 26-001, PUBLIC HEARING PERMIT 25-488, DEVELOPMENT PERMIT 25-294, RASTA TACO, 424 N. EL CAMINO REAL, SUBJECT TO THE CONDITIONS OF APPROVAL, WITH A MODIFICATION OF CONDITION 1.3 DRAFT
255
Planning Commission Regular Meeting Minutes of January 21, 2026 Page 8 TO STATE, “THAT THE CONFORMANCE OF THE APPROVED PLANS AS REFERENCED BY THE FRONT ELEVATION ON ATTACHMENT 5” WITH

CLARIFICATION THAT THE COMMISSION ACCEPTS THE REMOVAL OF THE

SPIDER LEG ELEMENTS AND CONTINUING THE FASCIA BOARD ELEMENT ON THE FRONT ELEVATION.

C. Continued Public Hearing Item, Streamlining Batch Amendment A continued public hearing of the Planning Commission to consider amendments to the City of San Clemente Municipal Code Titles 2, 16, and 17, to streamline review processes for various types of projects, and be consistent with State Law, and clarify code sections. This includes a reworked Zoning Administrator review process that allows the City Planner to make decisions if a notice of future decision is sent to property owners within 300 feet of a site and there is not a request for an administrative hearing.

Staff recommends that the zoning amendments not be considered a “project” as defined by the State CEQA Guidelines Sections 15378(b)(2) and 15378(b)(5), because the revisions relate to the ongoing administrative or discretionary activities and organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore do not constitute a “project” as defined by the State CEQA Guidelines (Cal. Code Regs., title 14, § 15000 et seq.).

The public hearing remained open from the December 17, 2026 Planning Commission Regular Meeting.

Lead Project Planner Carrillo summarized a presentation titled, “Streamlining and Cleanup Amendments, January 21, 2026.” A copy of the presentation is available by contacting the City of San Clemente Planning Division. The topics were based on the feedback from the last meeting:

Zoning Administrator Review Process:
• Staff continues to mail notices of future public hearings to properties within 300 ft of the project site, including information on requesting an Administrative Hearing.
• Staff should be mindful of projects that could benefit from review by the design review subcommittee.
• Staff should maintain a public interest list for certain areas with previous concerns to notify residents within a 300 ft radius.
• Staff proposes removing the Planning Commission's ability to call up a zoning administrator decision; alternative language would allow the Planning Commission to review public appeals of Zoning Administrator decisions.

Dark skies ordinance/lighting ordinance:
• Staff recommends removing this item from the current amendments to work on a more comprehensive lighting ordinance.

DRAFT
256
Planning Commission Regular Meeting Minutes of January 21, 2026 Page 9 • Recommendation: Designate the Design Review Subcommittee as a task force to advise staff on lighting standards and work with the Dark Skies organization.

Temporary Parklet Dining:
• Commission Recommendation: the City Council should hold a hearing specifically for the parklet dining program to determine if it should be extended, revised, or terminated.
• Staff still recommends changing the code to extend the program from July 1st, 2026, to January 2029.
• Staff plans to present this item to the Chamber of Commerce and the Downtown Business Association on February 4th for feedback before going to the council.

Administrative Approval for Tentative Parcel Map (TPM):
• Allows new development on new parcels created from a tentative parcel map (four parcels or less) with a building permit.
• Currently, the code requires a discretionary process for any new development on new parcels created from any subdivision.

Commissioners Questions to Staff and Discussion:

Staff reviewed the redline changes of the appeal process with the Commission.

After discussion, the Commission unanimously preferred that the Planning Commission continue to be the hearing body for Zoning Administrator public appeals; however, would relinquish the right to review the Zoning Administrator decisions for the purpose of elevating, or calling up the project to the Commission for approval.

Commissioner McKhann requested §15.36.070 specific to grading permits be modified to state 250 cubic yards from the current 50 cubic yards. Staff suggested a motion be made to present the modification to the City Council.

Discussion on timing for permits and triggers for when a geological report is needed. Commissioners suggested adding a Minor Grading Permit to cover 50 to 250 cubic yards that is obtained through the Building Division versus Public Works as a streamlining measure for the City Council to consider.

The Commission had a discussion on fire regulations related to SB9 projects, and the removal of §17.86.010(E8) and the ramifications of doing so. The Commission was not supportive of remove processes that removed fire hazard mitigation measures. Staff suggested the Commission make general recommendations to staff to research the issues so staff can consider opportunities to remove some of these rules without creating unintended consequences, all of which will then be included in the report to City Council.

Chair Cosgrove closed the public hearing.

IT WAS MOVED BY CHAIR COSGROVE, AND SECONDED BY VICE CHAIR CAMP, AND CARRIED 6-0, COMMISSIONER PRESCOTT-LOEFFLER ABSENT TO

DETERMINE THE PROJECT IS NOT SUBJECT TO THE REQUIREMENTS OF CEQA AND ADOPT RESOLUTION 26-006 RECOMMENDING THE CITY COUNCIL ADOPT DRAFT
257
Planning Commission Regular Meeting Minutes of January 21, 2026 Page 10 ZONING AMENDMENT 25-547 ZONING PERMIT STREAMLINING CLEAN-UP

AMENDMENTS BEING PROPOSED TO THE CITY COUNCIL FOR APPROVAL, AND ADDITIONALLY RECOMMENDED THE FOLLOWING:
• 3A: PLANNING COMMISSION WOULD LIKE TO RETAIN THE ROLE AS THE

REVIEW BODY FOR PUBLIC APPEALS OF ZONING ADMINISTRATOR
DECISIONS.
• 3B: PLANNING COMMISSION DIRECTS STAFF TO COMMUNICATE TO THE CITY

COUNCIL THAT THE ORDINANCE WOULD EXTEND THE PARKLET PROGRAM FOR THREE YEARS.
• 3C: PLANNING COMMISSION RECOMMENDS FOR THE CITY COUNCIL TO

CONSIDER MUNICIPAL CODE CHANGES THAT STREAMLINE THE GRADING PERMIT REVIEW PROCESS BY ADDING A "MINOR GRADING PERMIT " OPTION FOR PROJECTS THAT MOVE BETWEEN 50 AND 250 CUBIC YARDS OF SOIL.

9. NEW BUSINESS
None.

10. OLD BUSINESS
None.

11. REPORTS OF COMMISSIONERS AND STAFF
A. Commissioner Reports
Chair Cosgrove will not be available for the February 18, 2026 meeting. Vice Chair Camp will chair the meeting.

B. Tentative Future Agenda
Written report provided with the following changes:
• February 4, 2026 meeting may be cancelled.
• New Business items to be scheduled to February 18, 2026 meeting; and Strategic Implementation Plan (SIP) to the March 4, 2026 meeting.

C. Administrative Permit Report
Written report provided.

D. Staff Reports
• Senior Planner Wright mentioned the SIP is part of the General Plan, and was last updated with the prior budget. Staff intends to get feedback on the SIP before it's incorporated into the draft long-term financial program. • David Carrillo was promoted to Lead Project Planner in the Planning Division.

DRAFT
258
Planning Commission Regular Meeting Minutes of January 21, 2026 Page 11

12. ADJOURNMENT
The Planning Commission adjourned to the Regular Meeting of the Planning Commission to be scheduled for Wednesday, February 18, 2026 at 6:00 p.m., which will be held at the San Clemente City Hall Council Chambers located at 910 Calle Negocio, 2nd Floor, San Clemente, California.

Respectfully submitted,
___________________________
Cameron Cosgrove, Chair
Attest:
___________________________
Christopher Wright, Acting Secretary to the Planning Commission DRAFT
259
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: February 17, 2026 Agenda Item: (3)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF JANUARY 22, 2026 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
260

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING

OF THE ZONING ADMINISTRATOR
January 22, 2026
San Clemente City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, California 92673

1. CALL TO ORDER
Zoning Administrator (ZA) Adam Atamian called the Regular Meeting of the City of San Clemente Zoning Administrator to order on January 22, 2026 at 3:00 p.m. The meeting was held in the First Floor Community Room of City Hall, 910 Calle Negocio, San Clemente, California.

Staff Present: Adam Atamian, Zoning Administrator
Jessica Gatny, Assistant Planner
Tamara Tatich, Administrative Assistant

2. MINUTES
A. Receive and file Minutes for the December 23, 2025 Special Zoning Administrator Meeting.

ZA Atamian received and filed the Zoning Administrator Special Meeting Minutes of December 23, 2025.

3. ORAL AND WRITTEN COMMUNICATION
None.

4. PUBLIC HEARING
A. Public Hearing Project (PHP) 25-503, Santiago Balcony Addition, 103 West Avenida Santiago
A request for the Zoning Administrator to approve a Development Permit 25-537 for a 310 sq. ft. second-floor balcony addition and new exterior spiral staircase at the rear of the residence, and a new glass guardrail on the existing roof deck on a single-family residence located adjacent to a historic property.

The Zoning Administrator will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines 261
Zoning Administrator Regular Meeting January 22, 2026 Page 2 §15301 (Class 1: Existing Facilities) and §15303 (Class 3: New Construction or Conversion of Small Structures).

ZA Atamian opened the public hearing and introduced Assistant Planner Gatny who summarized the staff report in a presentation titled “Santiago Balcony Addition, Development Permit 25-537/PHP25-503 Project (PHP) 25-381, Development Permit (DP) 25-469, Minor Exception Permit (MEP) 25-410,” a copy of which can be requested by contacting the Planning Division. The report highlighted the property location, project description, existing conditions, location of the historical resource, proposed plans, and Project Findings to support approval of the project.

Upon completion, staff introduced the applicant, Sally Barria who added that they are adding the glass railings with white metal posts to complement the character of the home and neighborhood.

ZA Atamian disclosed that he had driven by both the Santiago property seeking a permit, and the historical property on Paseo de Cristobal; reviewed the staff report; and has not received any communications. ZA Atamian clarified that no extension of the existing roof desk exceeds passed the back wall of the house.

ZA Atamian closed the public hearing and stated the project is located in the rear of the property close to the historic resource; however, the found no visual impact from Paseo de Cristobal when facing the historic home. ZA Atamian continued to note that the historic garage and large addition to the historic home, made a few years ago blocks most of the view of the project.

Action: The Zoning Administrator determine the project is Categorically Exempt from the requirements of CEQA pursuant to CEQA Guidelines §15301 (Class 1:

Existing Facilities) and §15303 (Class 3: New Construction or Conversion of Small Structures; and moved to approve Public Hearing Project 25-503 and Development Permit 25-537, Santiago Balcony Addition, 103 W. Avenida Santiago, subject to the Conditions of Approval.

5. NEW BUSINESS
A. Review of Tentative Future Agendas (TFA)
ZA Atamian noted that the February 5, 2026 meeting had been cancelled. No changes the TFA were made.

6. OLD BUSINESS
None.
262
Zoning Administrator Regular Meeting January 22, 2026 Page 3

7. ADJOURNMENT
Zoning Administrator Atamian adjourned the Regular meeting of the Zoning Administrator to be held at 3:00 p.m. on Thursday, February 19, 2026 at the Community Development Department, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,

SAN CLEMENTE ZONING ADMINISTRATOR
_____________________________________
Adam Atamian, Zoning Administrator
263
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: February 17, 2026 Agenda Item: (4)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES OF JANUARY 28, 2026 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
264

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

DESIGN REVIEW SUBCOMMITTEE
JANUARY 28, 2026
Subcommittee Members Present: Chair M. Steven Camp, Vice Chair Cameron Cosgrove, and Member Scott McKhann
Subcommittee Members Absent: None
Staff Present: Senior Planner, Christopher Wright
Assistant Planner, Laura Coury
Chair Camp called to order the Design Review Sub-Committee Regular Meeting for City of San Clemente on January 28, 2026.

1. APPROVAL OF MINUTES
None.

2. ARCHITECTURAL REVIEW OF THE FOLLOWING ITEMS:

A. Public Hearing Project (PHP) 25-019, Amendment for 24-Hour Fitness Master Sign (DSP13-223)
A request to add two wall signs to a Master Sign Program for a commercial building in the Rancho San Clemente Specific Plan Business Park located at 100-110 Avenida La Pata.

The Design Team for Starfish Signs and Graphic, Laura Reilly and Emilie Meledy spoke in favor of the project on behalf of Metro Commercial. Assistant Planner Laura Coury summarized the staff report.

The Design Review Subcommittee (DRSC) discussed the project, and made the following comments either individually or as a group:
• Future signs for tenants other than 24-hour Fitness should have a consistent appearance, center positioned vertically and horizontally over openings with wall area around the sign and a maximum height.
• The tenant signs should have a consistent warm Kelvin (K) temperature. • Directed staff to work with applicant to document an amendment for the sign program that identifies these criteria.

With DRSC feedback addressed, there was support for the City Planner to approve the amendment administratively and added to the file.

3. NEW BUSINESS
None
DRAFT
265
Design Review Subcommittee Regular Meeting Minutes January 28, 2026 Page 2

4. OLD BUSINESS
None

5. ORAL AND WRITTEN COMMUNICATION
None

6. ADJOURNMENT
It was moved to adjourn the meeting to the next Design Review Subcommittee meeting on February 11, 2026, at 3:00 p.m., San Clemente City Hall, First Floor Community Room, 910 Calle Negocio, San Clemente, CA.

Respectfully submitted,
_______________________________
M. Steven Camp, Chair
Attest:
_______________________________
Christopher Wright, Senior Planner
DRAFT
266
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: February 17, 2026 Agenda Item: (1)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3374 through 3377 and Warrant Nos.
609421 through 609527, paid on
1-23-26, in the amount of $2,356,655.41 ..end
267

CITY OF SAN CLEMENTE

CERTIFICATION OF WARRANTS

I HERESY SUBMIT THE ATTACHED

WARRANT REGISTER FOR AUDIT

AND APPROVAL BY THE CITY

COUNCIL, CITY OF SAN CLEMENTE

APPROVED AND ORDERED PAID AT

THE MEETING OF THE CITY COUNCIL

HELD ON
IN THE AMOUNT OF $2,356,655.41
DATED ON 01/23/2026

CITY MANAGER MAYOR
ATTEST:

CITY CLERK

I HEREBY CERTIFY TO THE ACCURACY OF THE FOREGOING

DEMANDS AND THAT FUNDS ARE AVAILABLE FOR PAYMENT
THEREOF:

PAID BY WARRANTS SIGNED BY LEGALLY

DESIGNATED PERSONS IN ACCORDANCE

WITH THE STATE OF CALIFORNIA
GOVERNMENT CODE, SECTION-41003

FINANCE MANAGER CITY TREASURER
268
apChkLst
01/22/2026 11:34:04AM
Final Check List

SAN CLEMENTE
Page: I
Bank : city BMO
Check #
3374
3375
3376
3377
609421
609422
609423
609424
609425
609426
609427
609428
609429
609430
609431
609432
609433
609434
609435
609436
609437
609438
Date
/23/26
/23/26
/23/26
/23/26
/23/26
/23/26
/23/26
/23/26
/23/26
/23/26
/23/26
Vendor
000010
004156
oo"is"ig
014754
010213
033021
009105
037392
025400
015955
024030
1/23/26 008257
1/23/26
1/23/26
1/23/26
1/23/26
1/23/26
1/23/26
1/23/26
1/23/26
1/23/26
1/23/26
033962
037732
036579
014004
035241
017726
003231
029978
023677
035039
Invoice
CALIF STATE OF, EMPLO' Ben2570929
CALIF STATE OF, EMPLO' Ben2570927
FEDERAL WITHOLDING T Ben2570925
STATE DISBURSMENT U('1 Ben2570931
AFLAC Ben25709l7
ALLIANCE DIVERSIFIED PP2
ALLIANT INSURANCE SV( 100125-123125
AMERICAN WATER COLLI 270432
ARAUJO, RAUL 010926
ASSI SECURITY INC SD23352
BAY ALARM COMPANY 227al0311
22705649
22700673
BELSON OUTDOORS LLC WQ389545
389997
BKF ENGINEERS 26010378
BOAARCHITECTURE 25-3177-3
BORK, ADRIANE ffl725-122225
BROWN, THOMAS "CORY 122725
BURKE WILLIAMS & SORI 357856
357857
356387
357860
357855
357858
357852
357861
357853
357859
CALIF BUILDING STANDA 100125-123125
CALIFORNIA DEPT OF JU 016245
CARAHSOFTTECHNOLO 1N2151124
CHANDLER ASSET MANA 2512SANCLEME
CHEM PRO LLC 1N226848
Inv Date Description
/23/26
/23/26
/23/26
/23/26
/23/26
2/22/25
2/31 /25
2/22/25
/9/26
2/23/25
/3/26
/3/26
/2/26
/7/26
/7/26
/14/26
/12/26
2/23/25
2/27/25
/7/26
/7/26
2/1 2/25
/7/26
/7/26
/7/26
/7/26
/7/26
/7/26
/7/26
/9/26
/6/26
2/9/25
/7/26
/1/26
SDI INS: PAYMENT
STATE TAX: PAYMENT
FEDERAL TAX: PAYMENT
CHILD SUPPORT: PAYMENT
AFLAC INSURANCE: PAYMEN

MARQUITASLOPEINTERIM F

SPECIAL EVENT INSURANCE
DIST & WATER TRTMNT SYSICC BLDG CODE BOOK RENE

INSTALL NEW VERSION OF C
BAY ALARM - PARTIAL FY202f
3365970 MONITORING SERVI
3321970 MONITORING SERVI
BELSON OUTDOORS LLC - Tl
COLLAPSIBLE BOLLARDS & l

CATCH BASIN AND STORM D

SAN LUIS REY PARK RESTRC

MILEAGE REIMBURSEMENT

SAFETY BOOTS REIMBURSE

SPECIAL CITY ATTORNEY SE

SPECIAL CITY ATTORNEY SE
HANSON HOTEL PHP25-323 (

SPECIAL CITY ATTORNEY SE

SPECIAL CITY ATTORNEY SE

SPECIAL CITY ATTORNEY SE

GENERAL CITY ATTORNEY S

GENERAL ADVISORY SERVIC

SPECIAL CITY ATTORNEY SE

SPECIAL CITY ATTORNEY SE
4TH QTR CA BUILDING STAN

FINGERPRINT FEES - CA DO,

MS-ISAC MEMBERSHIP

PORTFOLIO MANAGEMENT F

WATER TRTMT SVC
Amount Paid
9,936.02
31,703.20
194,921 .63
1,044.91

79.42 655,545.52
823.00
439.85
115.00
875.00
1 ,103.00
41 .09
150.00
2 2,950.76
3 ,493.73
556.00
20,760.00

19.60 269.15
2,239.90
1 ,933.90
2 ,940.60
196.20
4,77 4.20
196.20
31,957.90
5,829.80
236.00
3,999.30
764.10
224.00
1 ,97 4.00
5,202.13
344.00
Check Total
9,936.02
31 ,703.20
194,921 .63
1,044.91

79.42 655,545.52
823.00
439.85
115.00
875.00
1,294.09
2ei,444.49
556.00
20,760.00

19.60 269.15
54,304.00
764.10
224.00
1 ,97 4.00
5,202.13
344.00
Page: 1
269
apChkLst
01/22/2026 11:34:04AM
Final Check List

SAN CLEMENTE
Page: 3
Bank : city BMO
Check #
609453
609454
609455
609456
609457
609458
609459
609460
609461
609462
609463
609464
609465
609466
609467
609468
609469
609470
609471
609472
Date Vendor
1/23/26 004177
1/23/26
1/23/26
1/23/26
1/23/26
1/23/26
1/23/26
024235
022541
009541
038163
010878
002662
1/23/26 031385
/23/26
/23/26
/23/26
/23/26
/23/26
/23/26
/23/26
/23/26
/23/26
/23/26
/23/26
/23/26
033376
015195
032998
038211
021287
038207
007033
031618
036300
019001
006381
029797
(Continued)

E STEWART & ASSOC IN(

EINHORN, AMANDA

EMPLOYMENT DEVELOPI

EVANS-HYDRO SVC DME

EVERITT, DAVID

EWING IRRIGATION PROI

GANAHL LUMBER CO

GEOSYNTEC CONSULTAI

GLOBAL MARKETING & S

GMU GEOTECHNICAL IN(

GREEN ZONE WASH WAI
H20 LEAK PROS

HOLIDAY GOO INC

HOWARD, CORY

IMPERIAL SPRINKLER SU
INNOVATIVE PEST SOLU1
INSPIRA FINANCIAL 1005':

IPS GROUP INC
JTB SUPPLY COMPANY ITh

KAAM GROUP INC
Invoice
9795S
9812S
9797S
9794S
9811S
9799S
9796S
9793S
9814S
9810S
9800S
092525-121825
Ben2570923
163093
B23-2595
28776733
021247952
021248943
021252787
1425721
1425719
1425720
11031
69419
001328
B25-1257
21574
B25-2462
0024555454-001
109030
Ben2570915
1NV118559
115980
15092
15095R
Inv Date Description
2/28/25
/7/26
2/28/25
2/28/25
/7/26
2/29/25
2/28/25
2/28/25
/7/26
/5/26
2/29/25
2/23/25
/23/26
2/23/25
0/30/23
/5/26
2/1 6/25
2/1 8/25
/5/26
2/5/25
2/4/25
2/4/25
/1/26
2/3/25
/11/26
2/5/25
/9/26
2/3/25
2/23/25
/9/26
/23/26
1/30/25
i/25/25
/9/26
/9/26

GRAFFITI REMOVAL - PUBLIC

CLEANING AND REMOVAL

GRAFFITI REMOVAL - PUBLIC
GRAFFITI REMOVAL - PRIV.&
E.STEWART-WTR FACILS Lr
E.STEWART-WTR FACILS Lr

GRAFFITI REMOVAL - PUBLIC
GRAFFITI REMOVAL - PRIV.&
E.STEWART - WTR FACILS tl

CLEANING AND REMOVAL
E.STEWART - PRES. WASH. l

MILEAGE REIMBURSEEMNT
COURT ORDERED DEBT Cal
REBUILD OF BLANCO BOOS1

REFUND OF WMP FEE
IRRIGATION SUPPLIES A/C#4

SUPPLIES/REPAIR PARTS

SUPPLIES/REPAIR PARTS

SUPPLIES/REPAIR PARTS
PWQMP REVIEW E. AVENIDA

WQMP REVIEW - JOSHUA / L,

WQMP REVIEW - HOTEL CLE

MONTHLY JANITORIAL SVC
ENG25-467, 1816 CALLE DE L

MOBILE WASHING SERVICEE

REFUND OF WMP FEE
2026 SPRINGTACULAR EAST

REFUND OF WMP FEE

IRRIGATION SUPPLIES

PROFESSIONAL PIGEON TR)
SEC 125 MEDICAL: PAYMENT

BANK MERCHANT FEES
JTB - TRAFFIC SIGNAL CABlh

CONTRACT TO FURNISH & D

CONTRACT TO FURNISH & D
Amount Paid
1,720.00
480.00

80.00 840.00
I ,920.00
2,900.00
2 ,480.00
3 ,000.00
1,540.00
3 ,520.00
4 ,000.00

96.81 100.00
22, 183.34
1 ,ooo.oo
856.62
158.67
2 99.50
220.14
1 ,098.50
500.25
1 ,422.75
I ,240.85
1 ,938.00
1 ,192.75
2 50.00
2 ,998.68
250.00

58.56 190.00
3 ,561 .65
1,346.27
16,678.85
859.96
609.44
Check Total
22,480.00

96.81 100.00
22, 183.34
1,ooo.oo
856.62
678.31
3,021 .50
1 ,240.85
1 ,938.00
1 ,192.75
2 50.00
2 ,998.68
250.00

58.56 190.00
3 ,561 .65
1,346.27
16,678.85
1 ,469.40
Page: 3
270
apChkLst
01/22/2026 1"l:34:04AM
Final Check List

SAN CLEMENTE
Page: 5
Bank : city BMO
Check #
609483
Date Vendor
1/23/26 001207
609484
609485
1/23/26 038210
1/23/26 025959
609486 1/23/26 027833
609487 1/23/26 020153
609488
609489
1/23/26 033778
1/23/26 037090
609490 1/23/26 024076
(Continued)
Invoice

OLSON, RITA

OMNI ENTERPRISE INC
ODP BUSINESS SOLUTIO 450297477001
452591080001
452184263001
452590177001
454520402001
122425
CSC12252
CSC81214251
CSC12254
CSC12253
CSC1225
CSC122!51
ORANGE COUNTY COMI 121525
010625
PACIFIC ADVANCED CMI 11231
11230
PASSPORT LABS INC INV-1057762
PAUL, BENJAMIN HAYDEi F55A
95619
PRIORITY LANDSCAPE S' 20152
20151
20232
20153
20170
20233
Inv Date Description
2/1 2/25
/7/26
/6/26
/7/26
/7/26
2/24/25
/2/26
2/22/25
/2/26
/2/26
/2/26
/2/26
2/"15/25
/6/25
2/31 /25
2/31 /25
2/31 /25
/5/26
/5/26
2/29/25
2/29/25
/1/26
2/29/25
/9/26
/1/26
OFFICE SUPPLIES A/C #8983'
OFFICE SUPPLIES A/C #8983'
OFFICE SUPPLIES A/C #8983'
OFFICE SUPPLIES A/C #8983'
OFFICE SUPPLIES A/C #8983'

REFUND FOR AMBULANCE S

OMNICLEAN - JANITORIAL - A

JANITORIAL SERVICES

OMNICLEAN - JANITORIAL - A

OMNICLEAN - JANITORIAL - A

JANITORIAL SERVICES

OMNICLEAN - JANITORIAL - A
NCCP FEES 2026
NCCP FEES 2025
PICO BOOSTER PUMP STATli

WRP EFFICIENCY STUDY

MOBILE PAY PARKING FEES

REIMBURSEMENT FOR LIVE
REIMB. FOR QC EMS LICENS

PRIORITY - LANDSCP WEST

PRIORITY - LANDSCP WEST

PRIORITY - LANDSCP WEST

PRIORITY - LANDSCP WEST

PRIORITY - LANDSCP WEST

GOLF COURSE LANDSCAPE
Amount Paid

91.79 l79.5al
340.50

15.53 315.07
51 .00
10,259.78
2,920.00
1,737.12
3,908.52
1 ,548.75
2 2,831 .93
87,450.00
87,450.00
2,256.80
2,024.50
1 ,695.20

75.00 2 00.00
5,825.00
5,360.00
40,942.50
3,560.00
3,120.00
2,175.00
Check Total
942.40

51.00 43,206.10
17 4,900.00
4,281 .30
i ,695.20
275.00
60,982.50
Page:5
271
apChkLst
01/22/2026 11:34:04AM
Final Check List

SAN CLEMENTE
Page: 7
Bank : city BMO
Check #
609503
609504
609505
609506
609507
609508
609509
609510
609511
609512
609513
609514
609515
609516
609517
609518
60951g
609520
609521
609522
609523
Date Vendor
1/23/26 000170
/23/26
/23/26
/23/26
/23/26
/23/26
/23/26
/23/26
/23/26
/23/26
/23/26
000E117
003204
000208
038209
038172
027249
034517
035553
019220
026315
1/23/26 014307
1/23/26 003511
1/23/26 036718
1/23/26 003567
1/23/26 029979
1/23/26 013331
1/23/26 029845
1/23/26 001502
1/23/26 019485
1/23/26 008950
(Continued)
Invoice
SOUTH COAST WATER D 4-2354
4-2495
4-2237
4-2481
SOUTH COAST WATER D 5316
SOUTHERN CALIF GAS C 123025A
SOUTHERN COUNTIES FI IN-0000272063
STERLING LIFE INSURAN 532528514
STORM WATER INNOVAT 3242
SUMMIT ENVIRONMENTA 2025-12CA
SYSCO RIVERSIDE INC 620032286
TATICH, TAMARA 0-10626
THE ADVANTAGE GROUP 192353
THOMAS PARTITIONS & E 6929
6930
TIMES MEDIAGROUP 2026-174022
2026Cl-19265
84FA23BA-0190
2025-157 453
TK ELEVATOR CORPORA 3009176032
3009177252
TRANSDEV FLEET SERVI 11958989
11958990
TRENCH SHORING CO IN R120576923
R120579362
R120578995
TRUSSELLTECHNOLOGI 0000011209
ULTRASYSTEMS INC 13676
UNITED BLDG & DEVELPi 2500
2485
UNITED STATES POSTAL 010926
VCACODEGROUP 50-10149-04
WAIZINGER, JOHN BLDG.J-2025-alC
BLDG. N-2025-1 (
Inv Date Description
12/23/25
12/23/25
12/23/25
12/23/25
6/4/25
2/30/25
/6/26
2/24/25
2/31 /25
2/31 /25
/8/26
/6/26
2/31 /25
2/21 /25
2/21/25
/al5/25
/12/26
2/1 5/25
0/31 /25
/al/26
/1/26
2/30/25
2/30/25
/5/26
/12/26
/9/26
/1 3/26
2/31 /25
/3/26
2/1 4/25
/9/26
2/31 /25
2/31 /25
2/31 /25

WATER BILLING

WATER BILLING

WATER BILLING

WATER BILLING
JRWSS FY 2026 CIP CONSTR
01060702006 GAS SERVICES

FUEL PURCHASES FOR CITY

REFUND FOR AMBULANCE S
STORM WATER INNOVATIOh

COASTAL ADMINISTRATOR, (
CUST#177918-320 SUPPLY F(
REIMB. FOR PLANNING REFF

COBRA ADMINISTRATION

SAN LUIS REY PK RR REPAIR

PIER RR REPAIR

CITY LEGAL ADS NOTICE

CITY LEGAL ADS NOTICE

CITY LEGAL ADS NOTICE

CITY LEGAL ADS NOTICE

TKE - ELEVATOR SVC - A & C
ELEVATOR MAINT. CONTRAC

FLEET MAINTENANCE CONTI

FLEET MAINTENANCE NON C

EQUIP RENTAL

EQUIP RENTAL

EQUIP RENTAL

AREATION BLOWER IMPROV

MAPPING
UNITED BLDG.- INSTALL BEA

POOL DECK REPAIR
BULK POSTAGE FOR REC M7

BUILDING PLAN REVIEW SEF

WEEKLY SANITIZING

WEEKLY SANITIZING
Amount Paid

45.71 151 .07
2,095.23
107.10
427,966.33

14.79 14,031.13

13.95 24,024.00
9,360.00
I ,783.01
268.19
219.45
1 ,327.50
1 ,:oo.oo
995.00
600.00
2 21.17
3 00.00
1 ,417.84
212.55
54,939.83
303.52
242.76
316.00
1,058.40
3,562.75
3,000.00
8 ,775.00
945.00
15,000.00
2,626.79
145.80

97.20 Check Total
2,399.11
427,966.33

14.79 14,031.13

13.95 24,024.00
9,360.00
I ,783.01
268.19
219.45
2,527.50
2,116.17
1 ,630.39
55,243.35
1,617.16
3,562.75
3,000.00
9,720.00
15,000.00
2,626.79
243.00
Page: 7
272
apChkLst
01/22/2026 11:34:04AM
Ill checks in this report.

Final Check List

SAN CLEMENTE
Page: 9
Grand Total All Checks: 2,356,655.41
Page: 9
273
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: February 17, 2026 Agenda Item: (2)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3378 through 3379 and Warrant Nos.
609528 through 609671, paid on
1-30-26, in the amount of $1,085,158.22 ..end
274

CITY OF SAN CLEMENTE

CERTIFICATION OF W ARRANTS

I HEREBY SUBMIT THE ATTACHED

WARRANT REGISTER FOR AUDIT

AND APPROVAL BY THE CITY

COUNCIL, CITY OF SAN CLEMENTE

APPROVED AND ORDERED PAID AT

THE MEETING OF THE CITY COUNCIL

HELD ON
IN THE AMOUNT OF $1 ,085, 158.22
DATED ON 01 /30/2026

CITY MANAGER MAYOR
ATTEST:

CITY CLERK

I HEREBY CERTIFY TO THE ACCURACY OF THE FOREGOING

DEMANDS AND THAT FUNDS ARE AVAILABLE FOR PAYMENT
THEREOF:

PAID BY WARRANTS SIGNED BY LEGALLY

DESIGNATED PERSONS IN ACCORDANCE

WITH THE STATE OF CALIFORNIA
GOVERNMENT CODE, SECTION-41003

FINANCE MANAGER CITY TREASURER
275
apChkLst
01/29/2026 9:55:15AM
Final Check List

SAN CLEMENTE
Page: I
Bank : city BMO
Check #
3378
3379
609528
609529
609530
609531
609532
609533
609534
609535
609536
609537
609538
609539
609540
609541
609542
609543
609544
609545
609546
609547
609548
609549
Date Vendor
/30/26 024009
/30/26 002474
/30/26 016780
/30/26 035116
/30/26 0al7063
/30/26 011331
/30/26 031569
/30/26 019898
/30/26
/30/26
/30/26
/30/26
/30/26
/30/26
/30/26
/30/26
/30/26
/30/26
/30/26
000184
022894
033962
038222
032624
036722
026424
035241
036797
001033
027238
1/30/26 014672
1/30/26 033621
1/30/26 038168
1/30/26 026426
1/30/26 009040

CA PUB EMP RETIREMEN
CA PUB EMPLOY RETIREi

ABDELMUTI DEVELOPME

ACCESS CONTROL SECL

ADMINSURE INC
AMERICAN TANK TESTINi

ANGELS BASEBALL LP

ATS COMMUNICATIONS

AWARDS N MORE

BAJA FRESH MEXICAN G

BKF ENGINEERS

BLACKMON, SADIE

BLECKERT'S POWER SEF
BLOOMBERG FINANCE Ll
BOUGHTON, MARJORIE1

BURKE WILLIAMS & SORI

BUSTAMANTE, YVONNE

CALIF DEPT OF TAX & FE
CALPINE ENERGY SOLU1

CAPISTRANO CRANE SEI

CAPO BEACH EQUIPMEN

CAREY, DENISE

CARRICK, CYNTHIAT
CDW GOVERNMENT INC.

Invoice
PP#OI /26
PPO1 /26
020126
0072338
18557
39210
176585
129023
129345
128972
6938
4SCM120625B2
260al0375R
001
1384
5609344942
020126
357863
Oal2326
204-970176
26020002275821
26020002275821
2073al
1-3294
011226
020126
AH5UC9Y
Inv Date Description
1/4/26
1 /4/26
2 /1 /26
/1 3/26
/15/26
2/22/25
/8/26
/7/26
/7/26
/6/26
/"I 4/26
2/6/25
/14/26
/20/26
2/1 9/25
/9/26
2/i /26
/7/26
/23/26
2/31 /25
/20/26
/20/26
/13/26
/20/26
/12/26
2/i /26
i/8/26

PERS CONTRIBUTIONS FOR

PERS CONTRIBUTIONS

PARKING LOT LEASE AGREE

PRIVATE PARKING ENFORCE

CLAIMS ADMINISTRATION
PUMP #3 REPAIR - OCSD
A.A. FIELD TRIP 6/24/26
LAO3597B - JAN. 2026 PAYMEI
LAO3597B - JAN. 2026 PAYME'
LA23187D JAN 2026 PAYMENRETIREMENT TILE PLATE - M

PT AQUATIC STAFF TRAININ(

POCHE BEACH WATER RECL

STEED CONCESSION CONS(

GENERATOR RENTAL FOR C

BLOOMBERG KEYBOARD

PARKING LOT LEASE AGREE
DEVELOPER DEPOSIT 245 W

INSTRUCTOR PAYMENT

SALES & USE TAX RETURN A
ELECTRICITY A/C #271426
ELECTRICITYA/C #281219

CRANE RENTAL

SERVICE / REPAIR

INSTRUCTOR PAYMENT

PARKING LOT LEASE AGREE
ACCOUNT #3234512
Amount Paid
123,546.49
8,471 .23
700.00
752.00
2,091 .00
850.00
1 ,351 .00
655.96

5.07 739.71
2 6.94
779.38
1 ,355.00
2 ,100.00
6,500.00
350.19
166.66
867.60
2 ,110.50
3 ,095.00
31,215.06
9,780.43
450.00
194.88
3,402.00
166.66
312.51
Check Total
123,546.49
8,471 .23
700.00
752.00
2,091 .00
850.00
1 ,351 .00
i,400.74

26.94 779.38
1 ,355.00
2 ,100.00
6,500.00
350.19
166.66
867.60
2 ,110.50
3 ,095.00
40,995.49
450.00
194.88
3,402.00
166.66
3"l2.51
Page: I
276
apChkLst
01/29/2026 9:55:15AM
Final Check List

SAN CLEMENTE
Page: 3
Bank : city BMO
Check #
609564
609565
609566
609567
609568
609569
609570
609571
609572
609573
609574
609575
609576
Date Vendor
i/30/26 003643
1/30/26 033578
1/30/26 004177
1/30/26 037438
1/30/26 023219
1/30/26
1/30/26
1/30/26
1/30/26
000026
012157
034180
035242
1/30/26 002662
1/30/26 007657
1/30/26 031385
1/30/26 036677
(Continued)
Invoice
DUNN-EDWARDS CORPC 2184A42742
2184A42586
21 F34A42779
21 84A42958
DUTRA, ELORA 5645
E STEWART & ASSOC IN( 9827S
9816S
ENGEO INCORPORATED 305657
307208
306537
EVANTEC CORPORATIOIS 202500897
202501475
202501445
202500885
202501453
202501474
FEDERAL EXPRESS COR 9-133-28745
FERGUSON WATERWOR 0067242
FLOCK SAFETY INV-84687
FULLTRAFFIC MA1NTEN7 46519
46254
46256
46255
46253
46518
GANAHL LUMBER CO 021255334
021256718
021256874
021256869
GARDA 20654677
20656872
10836486
GEOSYNTEC CONSULTAI 1425718
GMZ ENGINEERING INC PP12
Inv Date Descriotion
/8/26
/3/26
/8/26
/1 2/26
/14/26
/19/26
/9/26
O/1 0/25
2/5/25
1/7/25
7/31 /25
1/12/26
1 /8/26
7/31/25
/7/26
/16/26
/9/26
/2/26
/1 5/26
/14/26
2/8/25
2/8/25
2/8/25
2/8/25
/14/26
/al3/26
/1 5/26
/1 5/26
/1 5/26
1 /30/25
2/31/25
/1/26
2/4/25
4/1 0/25
ACCT #009167-007 PAINT
ACCT #009167-007 PAINT
ACCT#009167-007 PAINT
ACCT#009167-007 PAINT

PARMACONFERENCE REGIS

WEED ABATEMENT/PROGRA

CLEANING AND REMOVAL

PROFESSIONAL GEOTECHNI

PROFESSIONAL GEOTECHNI

PROFESSIONAL GEOTECHNI

SUPPLIES

SUPPLIES

SUPPLIES

SUPPLIES

SUPPLIES

LAB SUPPLIES

SHIPPING CHARGES
CUSTOMER #379378, 847552,

AUTOMATIC LICENSE PLATE

STREET SIGNS

STREET SIGNS

STREET SIGNS

STREET SIGNS

STREET SIGNS

STREET SIGNS

SUPPLIES/REPAIR PARTS

SUPPLIES/REPAIR PARTS

SUPPLIES/REPAIR PARTS

SUPPLIES/REPAIR PARTS

ARMORED TRANSPORT EXC

ARMORED TRANSPORT EXC

ARMORED TRANSPORT EXC

WATER QUALITY MANAGEME

CYPRUS SHORE GRADING, E
Amount Paid

37.28 107.89

74.56 39.89
549.00
12,350.00
1 ,760.00
15,587.00
2 ,736.00
3 ,851 .00
39"l.87
845.20
I 75.4ei
4 6.16
342.48
124.82

40.34 301 .62
76,651 .52
431 .00
1 ,714.30
199.34
ei73.44
1 ,180.40
942.81
677.42

57.10 2 87.51

91.48 124.06
i00.90
2,123.77
4,133.25
188,003.71
Check Total
259.62
549.00
14,110.00
22,174.00
"i ,g:s.gg

40.34 301 .62
76,651 .52
5,i41.29
1,113.51
2,348.73
4,133.25
188,003.71
Page: 3
277
apChkLst
01/29/2026 9:55:15AM
Final Check List

SAN CLEMENTE
Page: 5
Bank : city BMO
Check #
609588
609589
609590
609591
609592
609593
609594
609595
609596
609597
609598
.609599
Date
1/30/26
1/30/26
1/30/26
1/30/26
1/30/26
1/30/26
1/30/26
1/30/26
1/30/26
1/30/26
1/30/26
1/30/26
Vendor
031618
009903
022623
000379
006381
001721
009547
020138
029717
019816
035965
0075ei4
(Continued)
INNOVATIVE PEST SOLU1

INTL ASSOC OF PLUMBIN

JCTEES COM CORPORAT

JONES CHEMICALS INC
JTB SUPPLY COMPANY ITh

KNORR SYSTEMS INT'L L

KNOTT'S BERRY FARM

KRIEGER ELECTRIC

KURTZ, ANTHONY

LGC GEOTECHNICAL INC

LOOPINGZ LLC

LOWE'S COMPANIES INC
Invoice
109834
5605
10821
987386
116190
309371
293583
293230
KB266259
33ffl
111-2786571 -20'I
01-23954
011526
72462
88956
86126
76235
80556
83807
93862
76672
75342
80349
75233
82954
77083
76553
98641
79098
72219
79517
76356
82293
98101
73284
Inv Date Description
1/16/26
9/30/25
2/31/25
/14/26
/20/26
/6/26
2/31 /25
2/24/25
/9/26
/1 5/26
/5/26
1/30/25
/1 5/26
/20/26
/6/26
/1 5/26
/12/26
/1 3/26
/14/26
/8/26
/2/26
/21 /26
/1 3/26
/21 /26
/14/26
/21/26
/12/26
/9/26
/al3/26
/20/26
/13/26
/12/26
/14/26
/9/26
/20/26

PROFESSIONAL PIGEON TR)

ANNUAL MEMBERSHIP RENE
LIFEGUARD STAFF UNIFORtV

CONTRACT BETWEEN SOCV'

SIGNAL SUPPLIES
KNORR SYST.- AQUAT. CTR.

KNORR SYST.- AQUAT. CTR.

POOL EQUIPMENT
A.A. FIELD TRIP 7/1 5/26

BAHIA PK CONCESS STANDI

ANNUAL WELLNESS REWARI
ENG25-383-229 AVE DEL MA

INSTRUCTOR PAYMENT
#9800 5438 2 SUPPLIES
#9800 5438 2 SUPPLIES
#9800 5438 2SUPPLlES
#9800 5438 2SUPPLlES
#9800 5438 2 SUPPLIES
#9800 5438 2 SUPPLIES
#9800 5438 2 SUPPLIES
#9800 5438 2 SUPPLIES
#9800 5438 2 SUPPLIES
#9800 5438 2 SUPPLIES
#9800 5438 2 SUPPLIES
#9800 5438 2 SUPPLIES
#9800 5438 2 SUPPLIES
#9800 5438 2 SUPPLIES
#9800 5438 2 SUPPLIES
#9800 5438 2 SUPPLIES
#9800 5438 2SUPPLlES
#9800 5438 2SUPPLlES
#9800 5438 2SUPPLlES
#9800 5438 2 SUPPLIES
#9800 5438 2 SUPPLIES
#9800 5438 2 SUPPLIES
Amount Paid
190.00
350.00
2,334.53
8,431 .66
1,132.68
5,256.93
10,231 .43
1,354.00
3,245.00
800.00

50.00 1,884.90
1 ,207.50
189.72
112.28

57.69 51.16

85.94 178.07
61 .20
146.36
195.36
104.09

75.68 130.00

63.42 13.04
346.93
102.28

39.47 2 03.04
162.94
106.03

93.04 71 .63
Check Total
190.00
350.00
2,334.53
8,431 .66
1,132.68
16,842.36
3,245.00
800.00

50.00 1,884.90
1,207.50
2,589.37
Page: 5
278
apChkLst
01/29/2026 9:55:15AM
Final Check List

SAN CLEMENTE
Page: 7
Bank : city BMO
Check #
609620
609621
609622
609623
609624
609625
609626
609627
609628
609629
609630
609631
609632
609633
609634
609635
609636
609637
609638
Date
1/30/26
1/30/26
1/30/26
1/30/26
1/30/26
1/30/26
Vendor
032629
014246
035873
034177
001029
000067
1/30/26 000207
1/30/26 038214
1/30/26 000768
1/30/26 001174
1/30/26 029285
1/30/26 009896
/30/26
/30/26
/30/26
/30/26
/30/26
/30/26
/30/26
034013
038215
028550
021i22
035829
008830
002196
(Continued)

QUANTUM ANALYTICAL S
QUINN RENTAL SERVICE.

RAWLINGS SPORTING G(
REAL ESTATE CONSULTli
RED WING BUS ADVANT;"

RINCON TRUCK CENTER

ROD'S TREE SERVICE INI

S SAN CLEMENTE SHOPF

SAN CLEMENTE CITY WA
SAN DIEGO GAS & ELEC1

SANTA MARGARITAWATE

SANTA MARGARITA WATE

SCA OF CA LLC

SCIBELLI, STEPHEN
SCOREBOARD SOLUTIOr
SCOTT, MEREDiTH
SEAWORLD PARKS & ENSHERWIN-WILLIAMS
SIERRA ANALYTICAL LAB.

Invoice
25728
34172301
3045030
19729
2026011 50362C!
376574
376904
120-258-25
120-257-25
120-255-25
120-256-25
120-254-25
ENG11-023
010726
011526
011926A
13747
13751
13748
0011 4013000-52
001 I 4013000-52
00094005000-4!
00114013000-50
00094005000-4!E
00114013000-52
00114013000-51
CA25005264
ENGII-023
2708
011426
26-0113100
683712112901 2€
6A1 9001
6A19003
6A1 9002
Inv Date Description
0/31/25
/14/26
/14/26
/16/26
/15/26
/15/26
/15/26
2/4/25
2/4/25
2/4/25
2/4/25
2/4/25
1/2/11
/7/26
/1 5/26
/1 9/26
/20/26
/21/26
/20/26
/8/26
/8/26
/8/26
/8/26
/8/26
/8/26
/8/26
2/31 /25
1/2/11
6/1 9/25
t/14/26
1/13/26
1/8/26
1/19/26
1/19/26
1/19/26

ANALYSIS OF HHV

RENTAL OF WHEEL LOADER

SOFTBALLS

BEACH TRAIL GRADING COIV
NC #36205 / WORK BOOTS
PARTS
PARTS

TREE WORK

TREE WORK

TREE WORK

TREE WORK

TREE WORK
REFUND OF REMAINING DE\I

WATER SERVICE
0027684968885 DISTRIBUTIO
0035968576381 DISTRIBUTIO

UPPER CHIQUITA RESERVOI

UPPER CHIQUITA RESERVOII

TRAMPAS RESERVOIR & PICI
WATER SERVICES #OO 40 3
WATER SERVICES #OO 40 3
WATER SERVICES #OO 40 3
WATER SERVICES #OO 40 3
WATER SERVICES #OO 40 3
WATER SERVICES #OO 40 3
WATER SERVICES #OO 40 2
SCA - ST. SWPG.- BASE FY20
REFUND OF REMAINING DE\/

SCOREBOARD SOLUTIONS-E
REIMB. FOR MEETING SUPP(
A.A. FIELD TRIP 6/1 0/26

PAINT SUPPLIES
POTABLE WATER QUALITY Ai

WATER RECLAMATION PLAN
RECLAIMED WATER QUALIT'1
Amount Paid
1 ,600.00
1 ,588.53
2 ,972.12
410.00
1 ,191.59
436.89
2 4.32
990.00
990.00
990.00
990.00
990.00
1,050.76
69,534.07

27.24 377.71
7,641 .09
1,251.31
1 ,697.20
2 89.79
201.31
3 82.79
4 97.49

83.42 97.59
317.72
370.00
1 ,050.76
5,407.03

72.34 3 ,179.47
4 3.51
1 ,355.00
2 ,985.00
770.00
Check Total
1,600.00
1 ,588.53
2 ,972.12
410.00
1,191.59
461 .21
4,950.00
1,050.76
69,534.07
404.95
10,589.60
1870.11
370.00
1,050.76
5,407.03

72.34 3 ,179.47
4 3.51
5,110.00
Page:7
279
apChkLst
01/29/2026 9:55:"15AM
Final Check List

SAN CLEMENTE
Page: 9
Bank : city BMO
Check #
609662
609663
609664
609665
609666
609667
609668
609669
609670
609671
Date Vendor
1/30/26 030375
1/30/26 019485
1/30/26 001965
1/30/26 036539
1/30/26 002324
1/30/26 023811
1/30/26 003389
1/30/26 000870
1/30/26 037286
1/30/26 025015
(Continued)
Invoice Inv Date Descriotion
UNITY COURIER SERVICI 40550 1 /29/25
42055 2/20/25
38997 1/8/25
40036 1/22/25
42524 2/27/25
39507 I /1 5/25
41065 2/6/25
41537 2/1 3/25
38472 1 /1 /25
VCACODEGROUP 50-10025-01 2/31/25
VORTEX INDUSTRIES IN( 09-2220092 /16/26
WALTDISNEYTRAVELC(BLT5040001009 /20/26
WALTERSWHOLESALEES129414003.OC)1 /16/26
S129552739.OC)1 /12/26
S129230592.00al /13/26
WELLS FARGO ADVISOR: 7320 /5/26
WHITE CAP CONSTRUCT 50034613287 2/10/25
WITTMANENTERPRISES2512023 /14/26
WSPUSAINC 40301125 /20/26
ZOOLOGICALSOCIETY 6918890 /17/26
6920374 /17/26

COURIER SERVICE

COURIER SERVICE

COURIER SERVICE

COURIER SERVICE

COURIER SERVICE

COURIER SERVICE

COURIER SERVICE

COURIER SERVICE

COURIER SERVICE

CONTRACT BUILDING INSPE

CH - SOUTH LOBBY DOORS
A.A. FIELD TRIP 8/12/2026

SOLAR FIXTURES
WALTERS ELEC.- ELECT. VAt

HAND HOLE COVERS
457 PLAN 1ST QUARTER

CONSTRUCTION SUPPLY

AMBULANCE BILLING SERVI(

POCHE DIVERSION WATER (I
A.A. FIELD TRIP 4/8/26 SAN D
A.A. FIELD TRIP SAN DIEGO i
Amount Paid

40.54 38.69

40. 54

41. 16

38.69 41.16

39.92 39.92

39.92 3,289.72
585.00
6,584.00
1,673.37
6,135.18
1 ,023.63
6,250.00
4,74"l."l9
14,789.84
9,772.28
2,022.00
2,022.00
Check Total
1 ,260.54
3,289.72
585.00
6,584.00
8,832.18
6,250.00
4,741.19
14,789.84
9,772.28
4,044.00
Sub total for BMO: 1,085,158.22
Page:9
280
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: February 17, 2026 Agenda Item: (3)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3380 through 3387 and Warrant Nos.
609672 through 609782, paid on
2-6-26, in the amount of $3,852,900.52
TOTAL WARRANT REGISTER $7,294,714.15 ..end
281

CITY OF SAN CLEMENTE

CERTIFICATION OF W ARRANTS

I HEREBY SUBMIT THE ATTACHED

WARRANT REGISTER FOR AUDIT

AND APPROVAL BY THE CITY

COUNCIL, CITY OF SAN CLEMENTE

APPROVED AND ORDERED PAID AT

THE MEETING OF THE CITY COUNCIL

HELD ON
IN THE AMOUNT OF $3,852,900.52
DATED ON 02/06/2026

CITY MANAGER MAYOR
ATTEST:

CITY CLERK

I HEREBY CERTIFY TO THE ACCURACY OF THE FOREGOING

DEMANDS AND THAT FUNDS ARE AV AILABLE FOR PAYMENT
THEREOF:

PAID BY WARRANTS SIGNED BY LEGALLY

DESIGNATED PERSONS IN ACCORDANCE

WITH THE STATE OF CALIFORNIA
GOVERNMENT CODE, SECTION-41003

FINANCE MANAGER CITY TREASURER
282
apChkLst
02/04/2026 3:23:35PM
Fina(Check List

SAN CLEMENTE
Page: I
Bank : city BMO
Check #
3380
3381
3382
3383
3384
3385
3386
3387
609672
609673
609674
609675
609676
609677
609678
609679
609680
609681
609682
609683
609684
609685
609686
609687
609688
609689
Date
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
Vendor
000964
000964
002474
024009
000010
004156
001819
014754
010213
019846
010656
028772
034095
038218
035250
038203
006409
0382al9
037773
038233
016000
2/6/26 020101
2/6/26 014987
2/6/26 005046
2/6/26 002970
2/6/26 038152

CALPERS

CALPERS

CA PUB EMPLOY RETIREI

CA PUB EMP RETIREMEN

CALIF STATE OF, EMPLO'

CALIF STATE OF, EMPLO'

FEDERAL WITHOLDING T
STATE DISBURSMENT UfS
AFLAC

AGE WELL SENIOR SERV

AMERICAN PUBLIC WORI

AMERICAN RED CROSS

ARDENT PRESS INC

ASHER, HOLLY

AXELLIANT LLC

BALDUCCI, BRIAN

BAY CITY INDUSTRIAL SL

BIELOUSOV, IVAN

BL WALLACE DISTRIBUT(

BONNER, GISELLE M

BOUND TREE MEDICAL L
Invoice
1000000181838:
1000000181838:

PPO2/26
PP#02/26
Ben2571435
Ben257l433
Ben257143l
Ben257l437
Ben257l423
011526
000916076
98701190
46685
46645
46690
51001583
PS1028757
98787164
307241
307178
307176
ST139486
20260213
012826
85982476
85992200
85984272
86023382
BROADCAST MUSIC INC i 62776380
BROWN, GERALD 128964
C. WELLS PIPELINE MATE S1NV26-1106
S1NV26-1178
CAMINO HEALTH CENTEF 011426
CAPO A GENERAL CONTF PP2
Inv Date Description
1/14/26
1/14/26
1/18/26
1 /18/26
2 /6/26
2/6/26
2/6/26
2/6/26
2/6/26
1/15/26
4/1 /26
2/1 5/25
/26/26
/20/26
/27/26
2/1 8/25
/30/26
2/17/25
/1 5/26
/14/26
/14/26
2/1 0/25
/21/26
/28/26
1/4/25
1/12/25
1 /5/25
2/1 0/25
/2/26
2/1 5/25
/1 5/26
/21 /26
/14/26
/26/26

MEDICAL PREMIUMS

MEDICAL PREMIUMS

PERS CONTRIBUTIONS

PERS CONTRIBUTIONS FOR
SDI INS: PAYMENT
STATE TAX: PAYMENT
FEDERAL TAX: PAYMENT
CHILD SUPPORT: PAYMENT
AFLAC INSURANCE: PAYMEN
2ND QUARTER CDBG GRAN1

MEMBERSHIP RENEWAL / DL

REFUND OF DEPOSIT

MAILING LABELS

NO PARKING SIGNS

STRIPING MANUAL

CITATION REFUND

CISCO BACK UP POWER SUF

REFUND - SCHEDUEL CONFI

PARTS/HARDWARE

PARTS/HARDWARE

PARTS/HARDWARE

CITATION REFUND

TRAFFIC RATED METER BOX

REFUND FOR AMBULANCE S

MEDICAL SUPPLIES

MEDICAL SUPPLIES

MEDICAL SUPPLIES

MEDICAL SUPPLIES
ANNUAL MUSIC LICENSE Illi

RETIREE REFUND
1" K COPPER AND 2" K COPP

PIPELINE MATERIALS
2ND QUARTER CDBG GRAN"t

LIFEGUARD TOWERS REPLA
Amount Paid
311,567.50
13,230.91
8,215.02
123,057.56
9,900.98
34,586.00
211,492.51
1,044.91

79.42 1 ,665.00
2 ,737.00
200.00

83.18 183.92
238.22
3 3.00
4 ,779.89
172.00
4,143.21
4 ,407.25
5 21 .79

53.00 i,140.56
141.85
2,096.94
267.20
106.48
248.39
916.00
138.96
6,571 .67
408.37
3,110.00
32,205.00
Check Total
311,567.50
13,230.91
8,215.02
123,057.56
9,900.98
34,586.00
211,492.51
1,044.91

79.42 1 ,665.00
2 ,737.00
200.00
505.32

33.00 4,779.89
172.00
9,072.25

53.00 1 ,"140.56
141.85
2,719.01
916.00
138.96
6 980.04
3,110.00
32,205.00
Page: 1
283
apChkLst
02/04/2026 3:23:35PM
Final Check List

SAN CLEMENTE
Page: 3
Bank : city BMO
Check # Date Vendor
609715
609716
609717
609718
609719
609720
609721
609722
609723
609724
609725
609726
609727
609728
609729
609730
609731
609732
609733
609734
609735
609736
609737
609738
609739
609740
609741
609742
609743
609744
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
012157
033869
036281
005339
012860
034118
036532
001140
Oal6179
004717
035204
031618
036300
024007
008190
035929
028732
036812
001411
2/6/26 000937
2/6/26 038225
2/6/26 007564
2/6/26 038224
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
028560
000502
015082
0036al9
034976
031570
2/6/26 031605
(Continued)
Invoice
FERGUSON WATERWOR 6067779
FITNESS EQUIPMENT SP 18302
FOSTER & FOSTER INC 38713
FRIENDSHIP SHELTER IN 140
FUN EXPRESS INC. 74093231701
GOODWIN, DON Ref002571244
GRANT'S INTEREST RATE 1943282-R2
HACH COMPANY 14829052
HAULAWAY STORAGE C( 002296030
HDL COREN & CONE S1NO58959
HOWLETT, MARK ST139401
INNOVATIVE PEST SOLU1 110584
INSPIRA FINANCIAL 1005-. Ben257M2l
INTERNATIONAL E-Z UP I 1NVO750532
JOHNSON, MAREK J 012826
KATZ, KRISTINE Ref00257l246
LACEY JUNE STUDIO 012626
LAMMING, KATIE 98789202
LEAGUE OF CALIFORNIA INV-45287-J3C6
LINDE GAS & EQUIPMENLONG, JAMES & KAREN

LOWE'S COMPANIES INC

MARTIN, CRISTA & CHAD
MCDOUGAL BOEHMER Fl

MCMASTER-CARR SUPPI

MILES CHEMICAL COMPA
MiSSION SQUARE-30245;
MISSION SQUARE-30637 €
NEXXSOL CORPORATIOTh

NORTHSTAR CHEMICAL
2357
54451855
54455782
Ref002571243
75930
ReTOO2571242
Ref002571241
115162
58550942
763612
Ben2571419
Ben2571425
3873
3867
3895
331439
Inv Date Description
/20/26
/23/26
0/31 /25
/31 /26
/22/26
/29/26
/15/26
/1 3/26
/7/26
/27/26
2/11/25
/23/26
2/6/26
/27/26
/28/26
/27/26
/26/26
2/1 7/25
/1/26
/1 5/26
/22/26
/22/26
/29/26
/21/26
/29/26
/29/26
2/31 /25
/22/26
/22/26
2/6/26
2/6/26
7/15/25
3/1 4/25
8/1 4/25
1/23/26
CUSTOMER # 847552

QUARTERLY PREVENTATIVE

ACTUARIAL SVC - PREPARAT

FRIENDSHIP SHELTER INC M

RECREATION PROGRAM SUF
Refund receipt#: 11317476516

GRANT'S INTEREST RATE OE

LAB SUPPLIES
10 FT. CONTAINER RENTAL

PROPERTYTAX AUDITING SE

CITATION REFUND
PROFESSIONAL PIGEON TR7
SEC 125 MEDICAL: PAYMENT

CANOPIES

INSTRUCTOR PAYMENT
UB Refund Cst #066023

CONTRACT INSTRUCTOR PA

CLASS REFUND

LEAGUE OF CACITIES MEME

LEAGUE OF CACITIES MEME
CUSTOMER #71635749 CHEffi
CUSTOMER #71723993 CHEffi
Refund receipt #: 14 333689405
#9800 154381 2 SUPPLIES
Refund receipt#: 11331988152
Refund receipt#: 11331100755

PROFESSIONAL LEGAL SERI

EQUIPMENT & TOOLS

SUPPLY & DELIVERY OF FER
DEFERRED COMP ICMA: PAY
DEFERRED COMP/ICMA PTS:

ADOBE SIGN SOLUTIONS SU

ADOBE PHOTOSHOP SUBSC

ADOBE ACROBAT PRO SUBS

CONTRACT BETWEEN SOCV'
Amount Paid
306.00
490.00
3,500.00
6,000.00
556.86

40.00 3,525.00
257.08

84.00 5,250.00

53.00 190.00
3 ,561 .65
818.13
4 ,571 .00
306.00
6,295.80

20.00 23,478.00
300.00
859.17

54.70 40.00

43.07 40.00

40.00 1,367.50
183.59
13,091 .48
30,734.08
4,492.00
1 ,420.00
785.50
2 72.30
2,614.55
Check Total
306.00
490.00
3,500.00
6,000.00
556.86

40.00 3,525.00
257.08

84.00 5,250.00

53.00 190.00
3 ,561 .65
818.13
4 ,571 .00
306.00
6,295.80

20.00 23,778.00
913.87

40.00 43.07

80.00 1,367.50
183.59
13,091 .48
30,734.08
4,492.00
2,477.80
2,614.55
Page: 3
284
apChkLst
02/04/2026 3:23:35PM
Final Check List

SAN CLEMENTE
Page: 5
Bank : city BMO
Check #
609762
609763
609764
609765
609766
609767
609768
609769
609770
609771
609772
609773
609774
609775
609776
609777
609778
609779
609780
609781
609782
Date Vendor
2/6/26 034779
2/6/26 037899
2/6/26 000635
2/6/26 001174
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
038226
002431
021510
002755
000817
2/6/26 003204
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
2/6/26
000208
003563
014098
014307
012800
016334
2/6/26 003374
2/6/26 038216
2/6/26 008174
2/6/26 035120
2/6/26 023072
(Continued)
Invoice
ROBITAILLE, JEFF 1551792
RC8TTEPXKC
SAH ART ACADEMY 012826
SAN CLEMENTE CITY EM Ben2571417
SAN DIEGO GAS & ELEC1 012626
012726
012826
SERUTO, NANCY Ref002571245
SMART & FINAL IRIS INC. 405355
SOLID WASTE ASSOC OF 2027-75225
SOUTH COAST DISTRIBU 322512
SOUTH COAST WATER D 5495
5482
SOUTHERN CALIF GAS C 012726
012826
012626
SOUTHERN COUNTIES FI IN-0000281853
STANDARD INSURANCE 020126
STANDARD INSURANCE FEB26
TIMES MEDIA GROUP 820E906D-0007
VERSICOLOR INC 4906
VISION SERVICE PLAN (C 824479905
824479902
VULCAN MATERIALS COR 5408816
WALDRON, KIMBERLI 50001003
WEST COAST SAND & GF 920182
920744
WILD RIVERS WATERPAF 1669
ZEBRA HOUSE COFFEE L JS4ERGGJZWF
Inv Date Description
1/2-1/26
1 /22/26
1 /28/26
2 /6/26
/26/26
/27 /26
/28/26
/9/26
/28/26
/22/26
/26/26
/27/26
/21 /26
/27/26
/28/26
/26/26
/21 /26
2/1 /26
2/1 /26
/22/26
/26/26
/1 9/26
/1 9/26
/9/26
0/25/25
/20/26
/21/26
/22/26
/14/26

GCSAA MEMBERSHIP REIMB
GOLF CONVENTION FEB. 3-6

INSTRUCTOR PAYMENT
DUES - SCCEA: PAYMENT
0036981847742 DISTRIBUTIO
0087322212229 DISTRIBUTIO
0028215101251 DISTRIBUTIO
UB Refund Cst #088419
ACCT #60124600010399088

MEMBERSHIP DUES

SUPPLIES
JRWSS FY 2026 0PERATIONS
JRWSS FY 2026 CIP CONSTR
14500724993 GAS SERVICES
12190707005 GAS SERVICES
07737028683 GAS SERVICES

FUEL PURCHASES FOR CITY

VOLUNTARY LIFE INSURANC

INSURANCE

CITY LEGAL ADS NOTICE

SHUT OFF VALVE TAGS
CLIENT ID 30005394 VISION F
CLIENT ID 30005394 VISION F

PAVING MATERIALS

CITATION REFUND

SCREENED FILL SAND

SCREENED FILL SAND
A.A. FIELD TRIP WILD RIVERS

COFFEE FOR STEED PARK
Amount Paid
275.00
515.i6
756.00
1,568.00

41.07 15.42
12,964.97
829.84
i94.06
285.00
5"l1 .60
116,431.73
351 ,188.01
12,845.06
153.49
17,625.89
10,320.46
166.90
8,628.36
146.62
1,161.55
707.88
4,308.73
2,994.94

61.00 488.17
902.55
2,320.00
160.00
Sub total for BMO:

Check Total
790.16
756.00
1,568.00
13,021 .46
829.84
194.06
285.00
511.60
467,619.74
30,624.44
10,320.46
166.90
8,628.36
146.62
1,161.55
5,016.61
2,994.94

61.00 1 ,390.72
2 ,320.00
160.00
3,852,900.52
Page: 5
285
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: February 17, 2026 Agenda Item:
..ag endizedby
..end
Subject:
..titl e
Approve Automatic Deposit
Advises 109263 through 109575,
for the period 1-5-26 through
1-18-26, paid on 1-23-26, in
the amount of $536,757.78 ..end
286
287
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: February 17, 2026 Agenda Item:
..ag endizedby
..end
Subject:
..titl e
Approve Warrant No. 993, and
Automatic Deposit Advises 109576
through 109907, for the period
1-19-26 through 2-1-26, paid
on 2-6-26, in the amount of $570,098.11
TOTAL PAYROLL REGISTER $1,106,855.89 ..end
288
289
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: February 17, 2026 Agenda Item: 11D.

Submitted By: Public Works
Prepared By: Masako Hennequin, Senior Civil Engineer
Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO

EAGLE PAVING LLC FOR ALLEY PAVEMENT REHABILITATION PROGRAM, CIP PROJECT NOS. 16316, 15316 AND 12305, IN AN AMOUNT NOT TO EXCEED $338,400, AUTHORIZING

THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ..body ACT
Fiscal Impact:

The estimated total construction cost of $398,000 is comprised of construction ($338,400) and construction management/inspection ($59,600) is within the combined approved available budget of $577,896 from the following Street Improvement Funds of:
 Account No. 042-848-45300-000-16316 in the amount of $ 98,419  Account No. 042-848-45300-000-15316 in the amount of $ 98,847  Account No. 042-848-45300-000-12305 in the amount of $380,630 Summary:

The City Council is being asked to consider adoption of a resolution (Attachment 1) to award and authorize the execution of a construction contract with Eagle Paving, LLC, in an amount not to exceed $338,400, for the Alley Pavement Rehabilitation Program (Attachment 2).

Background:

The Alley Pavement Rehabilitation Program project
includes asphalt pavement repairs and constructing
concrete alley gutter at Ave. Del Mar alley, as
shown on the below map in blue color. The 20-ft
wide alley pavement of 100 block of Avenida Del
Mar has deteriorated with heavy daily traffic from
delivery trucks, visitors, and residents, resulting in
excessive cracks and water ponding at low spots
on pavement, and is in need of repairs.
290
Meeting Date: February 17, 2026 Agenda Item: 11D.

CITY OF SAN CLEMENTE 2
The asphalt pavement repair work will include grinding and repaving 0.20-foot depth of distressed asphalt pavement and removing and replacing up to 8-inches in depth of deteriorated pavement areas and constructing approximately 700 LF of 4- feet wide concrete alley gutter in the middle of 20-feet wide alley to improve drainage.

On January 8, 2026, staff contacted local contractors,
published a notice inviting bids for this project in the SC Times, and published a bid solicitation on PlanetBids. Bids were opened on January 22, 2026, as the results are presented in the table below. Bids range from $338,400 to $493,783 and there are no bidders from any businesses based in San
Clemente.

The lowest responsive and responsible bidder is Eagle Paving LLC of Escondido, California, with a total bid amount of $338,400.

Bid Summary
Company Name Company Location Amount
Eagle Paving LLC Escondido, CA $338,400
ONYX Paving Company, Inc. Yorba Linda, CA $345,000
Towo Enterprise, Inc. Corona, CA $346,525
Paveco Construction, Inc. Baldwin Park, CA $350,103
Hillcrest Contracting, Inc. Corona, CA $351,652
All American Building Services Santa Clarita, CA $352,904 Dash Construction Company, Inc. Encino, CA $357,258
Cali State Paving, Inc. Riverside, CA $369,565
L.C. Paving & Sealing, Inc. Escondido, CA $369,960
Prestige Paving Company, Inc. La Mirada, CA $381,192
Superior Paving Company, Inc.
dba United Paving Company
Corona, CA $409,141
Gentry General Engineering, Inc. Colton, CA $423,675
PaveWest, Inc. Artesia, CA $425,490
West Coast General Group, Inc. El Cajon, CA $478,003
PALP dba Excel Paving Company Long Beach, CA $489,995
Sequel Contractors, Inc. Santa Fe Springs, CA $493,783
Based on the lowest bid, the total estimated construction cost is $338,400, as summarized below:

Construction Management and Inspection $ 59,600
Construction 338,400
Total Estimated Construction Cost $398,000
291
Meeting Date: February 17, 2026 Agenda Item: 11D.

CITY OF SAN CLEMENTE 3
As required by state law and City policy, Eagle Paving LLC will be required to provide performance and payment bonds simultaneously with the execution of the construction contract.

Project plans and specifications are on file in the City Clerk’s office.

Council Options:
 Adopt Resolution No. 26-30, awarding the Alley Pavement Rehabilitation Program contract to Eagle Paving LLC, authorizing the City Manager to execute a construction contract an amount not to exceed $338,400, and finding the project categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.  Modify and adopt Resolution No. 26-30.
 Continue the item and direct staff to provide additional information.  Do not award the contract or construct the street improvements.

Environmental Review/Analysis:

This project is exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of repairs to existing City facilities, involves negligible or no expansion of existing or former use, and has no possibility of a direct or reasonably foreseeable indirect effect on the environment.

Recommended Actions:

Staff recommends that the City Council adopt Resolution No. 26-30, which will:
..recommendation

1. Find the Alley Pavement Rehabilitation Program, CIP Project Nos. 16316, 15316 and 12305, 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 Alley Pavement Rehabilitation Program, CIP Project Nos. 16316, 15316 and 12305, contract to Eagle Paving LLC; and

3. Authorize the City Manager to execute a contract with Eagle Paving LLC, in an amount not to exceed $338,400, in a form substantially similar to Contract No. 26-15, for the Alley Pavement Rehabilitation Program, CIP Project Nos. 16316, 15316 and 12305. ..recommendation
..end
Attachments:

1. Resolution No. 26-30

2. Contract No. C26-15 (without attachments)
Notification:

All bidders.
292
Attachment 1
RESOLUTION NO. 26-30

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

CONSTRUCTION CONTRACT TO EAGLE PAVING LLC TO

PERFORM ALLEY PAVEMENT REHABILITATION
PROGRAM, IN AN AMOUNT NOT TO EXCEED $338,400,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

CONTRACT AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA

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

THE STATE CEQA GUIDELINES
WHEREAS, the City conducted formal competitive bidding for the Alley Pavement Rehabilitation Program, CIP Project Nos. 16316, 15316 and 12305 (Project); and WHEREAS, on January 8, 2026, the City received 16 responsive bids ranging from $338,400 to $493,783 for the Project; and
WHEREAS, Eagle Paving LLC was the lowest responsive and responsible bidder with a bid of $338,400.

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 fully incorporated herein.

SECTION 2. That based upon substantial evidence in the record as a whole, the Project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of repairs to existing City facilities, involves negligible or no expansion of existing or former use and there is no possibility of a direct or reasonably foreseeable indirect effect on the environment.

SECTION 3. That the Construction Contract Agreement for the Alley Pavement Rehabilitation Program, CIP Project Nos. 16316, 15316 and 12305, is hereby awarded to Eagle Paving LLC.

SECTION 4. That the City Manager is authorized and directed to execute a construction contract for the Alley Pavement Rehabilitation Program, CIP Project Nos. 16316, 15316 and 12305 with Eagle Paving LLC, in an amount not to exceed $338,400, in a form substantially similar to that presented to City Council on February 17, 2026.

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. 293
Resolution No. 26-30 Page 2
PASSED AND ADOPTED this _____ day of February, 2026.

ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, Mayor of the City of San Clemente, California 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. 26-30 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of February, 2026, 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 February, 2026. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
294
Attachment 2
SECTION 00500

CONTRACT

THIS CONSTRUCTION CONTRACT ALLEY PAVEMENT REHABILITATION PROGRAM, PROJECT NOS. 16316 and 15316 and 12305 (“CONTRACT”) is made this _____ day of _________, 2026, in the County of Orange, State of California, by and between the City of San Clemente, a municipal corporation (“CITY”), and Eagle Paving LLC, a California limited liability company with its principal place of business at 13915 Danielson Street, Suite 201, Poway, CA 92064 (“CONTRACTOR”). City and the Contractor for the considerations stated herein agree as follows:

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:

Alley Pavement Rehabilitation Program, Project Nos. 16316, 15316 and 12305 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.

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 45 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.

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 Three Hundred Thirty-Eight Thousand Four Hundred Dollars ($338,400). 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.

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.

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

Notice Inviting Bids
Instructions to Bidders
Bid Form
295
Attachment 2
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.

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.

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

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 CLERK, CITY OF SAN CLEMENTE 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.
[SIGNATURES ON FOLLOWING PAGE]
296
Attachment 2
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: __________________, 20____
_____________________________
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

Eagle Paving LLC, a California
limited liability company
(“CONTRACTOR”)
By:_____________________________
Dated: __________________, 20____

END OF CONTRACT
297
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: February 17, 2026 Agenda Item: 11E.

Submitted By: Public Works
Prepared By: Fatana Temory, Management Analyst
Zak Ponsen, Assistant City Engineer
Subject:
..titl e

CONSIDERATION OF A RESOLUTION MODIFYING THE SENIOR MOBILITY PROGRAM TO

LIMIT THE NUMBER OF RIDES ALLOWED PER RIDER, AWARDING A CONTRACT TO OCY

MANAGEMENT, LLC FOR SENIOR MOBILITY PROGRAM TRANSPORTATION SERVICES,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT, APPROVING SUPPLEMENTAL APPROPRIATIONS TOTALING $70,000, AUTHORIZING THE CITY MANAGER TO EXECUTE THREE ONE YEAR CONTRACT EXTENSIONS UP TO $180,000 PER

YEAR FOR THE SENIOR MOBILITY PROGRAM, AND FINDING THE PROJECT STATUTORILY ..body EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Fiscal Impact:

The proposed contract with OCY Management, LLC (OCY) has an initial term from March 1, 2026 through June 30, 2026 in the amount of $70,000, with the option for three additional one-year extensions subject to the mutual consent of the City and Contractor in a not to exceed amount of $180,000 per year. The funding from Orange County Transportation Authority (OCTA) varies annually with an average annual contribution rate of about $108,000. The long-term viability of the program depends on keeping the total program costs around $135,000 per year. Based on that goal, the total contribution will be approximately $108,000 per year (80% match) and the City (20% match) in the amount of approximately $27,000 per year from the General Fund.

The recommended higher contract limit provides flexibility for the City to expand or shrink the program as directed by the City Council in the future in order to spend down the surplus and to provide a buffer since the program is on-demand and ridership fluctuates. Depending upon ridership and program costs, the program may need to be modified to keep the program within the desired funding level. Currently, there is a surplus of grant funding from unused funds that were disbursed in Fiscal Year 2023, 2024, and 2025 to the City by OCTA. The amount remaining of the surplus is a total of $157,066, which can be expended within the next two years if the City chooses to match 20% from the General Fund.

To fund the program through June 30, 2026, staff is recommending a supplemental appropriation in the amount of $70,000 with $54,000 from the Senior Mobility Grant Fund (015) which is from Orange County Transportation Authority (OCTA) account number 015-806-44723-000-00000 and $14,000 from the General Fund (001) account number 001-203-47012-000-00000. Funding for ongoing program costs in the upcoming fiscal years will be included in the proposed budget. 298
Meeting Date: February 17, 2026 Agenda Item: 11E.

CITY OF SAN CLEMENTE 2
Summary:

In response to the success of the Senior Mobility Program and unanticipated growth in ridership, the City Council approved an amendment to the existing contract on December 9, 2025, which directed staff to conduct a program reevaluation and issue a Request for Proposals (RFP). The procurement process has since been completed, and staff are now recommending that City Council award the contract.

At the February 3, 2026 City Council meeting, City Council directed staff to implement limits on the number of one-way rides per participant per month as a cost-containment measure. This approach provides a balanced way to manage program expenditures without eliminating service categories or compromising the program. Staff analysis determined that a cap of approximately eight one-way rides per rider per month will allow the program to remain near the approved budget and spend down a portion of the current surplus of OCTA funds. The eight-ride cap is proposed for implementation beginning March 1, 2026.

Resolution No. 26-XXX, if approved, would award a Professional Services Agreement to OCY for the Senior Mobility Program Transportation Services in an amount not to exceed $70,000 for March 1, 2026 through June 30, 2026, authorizing the City Manager to approve three one-year contract extensions in an amount not to exceed $180,000 per year, and finding the project statutorily exempt from the California Environmental Quality Act (CEQA). It should be noted that staff is also in communication with other service providers that offer similar services for program expansion and potential savings.

Background:

The purpose of the Senior Mobility Program is to provide a safe fixed-route transportation option to help senior residents lead independent lives while encouraging accessibility and enhancing their connection with our community. OCTA’s mission is to fill the gap between local fixed-route buses and ADA paratransit by providing local transportation services to seniors in participating cities in Orange County. Under the program, participating cities are eligible to receive funds from OCTA to help operate a transit program that fits the needs of seniors in their communities.

Since 2002, the City of San Clemente has provided senior transportation services through the Senior Mobility Program (SMP). The City’s program is currently a no-cost transportation system that provides seniors, age 60 and over, who reside in the City, with transportation to a list of preapproved locations. SMP services are currently provided by OCY. The funding for the program is made available through OCTA’s SMP.

Consistent with City Council direction provided on December 9, 2025, the existing SMP contract is set to expire on February 28, 2026, which allowed for program reevaluation and the issuance of a competitive RFP in accordance with the City’s Purchasing Policy. Staff has completed the reevaluation and procurement process, and based on the results of the RFP, is now recommending that City Council award a new contract.

On December 16, 2025, pursuant to City Policy 201-2-3, staff issued an RFP through Planet Bids for the Senior Mobility Program Transportation Services, including attempts to find local vendors who may be interested in performing the services. The RFP sought qualified contractors to provide SMP transportation services starting with a partial-year term from March 1 through June 299
Meeting Date: February 17, 2026 Agenda Item: 11E.

CITY OF SAN CLEMENTE 3
30, 2026, followed by the option to extend up to three additional one-year terms through June 30, 2029, subject to the mutual consent of the City and Contractor upon successful contract performance.

On January 12, 2026, the City received proposals from three vendors: Circuit Transit Inc., Jewish Family Service of San Diego, and OCY Management, LLC (OCY). After a careful evaluation, staff found that OCY demonstrated superior knowledge of the program and experience working with OCTA to provide accurate data analysis required for reporting on the Senior Mobility Program.

Additionally, OCY is currently the provider of senior mobility programs in Orange County, including Mission Viejo, Aliso Viejo, Laguna Hills, Laguna Woods, Laguna Niguel, Orange, and Garden Grove. The recommendation of staff is based on several factors, including technical expertise, methodology and work plan, project experience, OCY staff qualifications, delivery schedule, quality control, local knowledge, and cost.

The proposal from Circuit Transit, Inc. suggested establishing 2–3 vehicles stationed in San Clemente, priced on a fixed monthly basis. However, there are concerns about vehicle availability during peak-demand periods/events, and about the program's overall monthly cost, which ranges from $37,813 to $50,307. This is substantially higher than the current operating cost of approximately $25,000-$28,000 per month during peak times.

The proposal from Jewish Family Services of San Diego suggests utilizing rideshare subcontractors, including Lyft Healthcare, Uber Health, and local Non-Emergency Medical Transportation (NEMT) providers. A potential issue with their proposal is the challenge of launching the program without creating a gap in current high-demand operations. Additionally, their cost proposal of $50.63 per ride in the first year is significantly higher than the current average program cost, which ranges from $30 to $33 per ride.

Staff will continue to monitor the program and its actual costs and will include recommendations to modify the program as budget permits to stay within acceptable funding limits. Potential modifications to be considered at a future City Council meeting could include charging a per-ride fee, reducing hours of operation, limiting service to weekdays, and/or reducing allowable destinations.

Council Options:
 Adopt Resolution No. 26-31, which would modify the SMP and limit each rider to eight oneway rides per month, award and authorize the City Manager to execute a Professional Services Agreement with OCY Management LLC in the amount of $70,000, approve a supplemental appropriation in the amount of $70,000 for services from March 1 through June 30, 2026, authorize the City Manager to approve up to three one-year contract extensions in the amount of $180,000 per year from July 1, 2026 through June 30, 2029, exercisable in the City Manager’s discretion, and find the project statutorily exempt from CEQA.  Modify and adopt Resolution No. 26-31.
 Continue the Item and provide Staff with alternative direction. 300
Meeting Date: February 17, 2026 Agenda Item: 11E.

CITY OF SAN CLEMENTE 4
 Do not approve the Professional Services Agreements with OCY for the SMP Transportation Services. Note: The current contract expires February 28, 2026. This would result in the City disrupting the SMP.

Environmental Review/Analysis:

Staff recommends that the City Council determine that this project is statutorily exempt from the California Environmental Quality Act (CEQA) under Public Resources Code section 21080(b)(10) because it is a project for the institution or increase of passenger or commuter services on rightsof-way already in use and there is no direct or foreseeable indirect substantial impact on the environment.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 26-31, which would:
..recommendation

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

2. Approve the modification of the Senior Mobility Program to limit each rider to eight (8) one-way rides per month; and

3. Approve supplemental appropriations in the amount $56,000 from the Senior Mobility Fund (015) to Account No. 015-806-44723-000-00000 and $14,000 from the General Fund (001) to Account No. 001-203-47012-000-00000; and

4. Award a Professional Services Agreement to OCY Management LLC for Senior Mobility Program; and

5. Authorize the City Manager to execute a Professional Services Agreement with OCY Management LLC for Senior Mobility Program in an amount not to exceed $70,000 from March 1 through June 30, 2026; and

6. Authorize the City Manager to approve up to three one-year contract extensions in an amount not to exceed $180,000 per year from July 1, 2026 through June 30, 2029, exercisable at the City Manager’s discretion.
..end
Attachment:

1. Resolution No. 26-31

2. OCY Professional Services Agreement

3. OCY Proposal
Notification:

OCY Management LLC
301
Attachment 1
4860-5047-5367 v1
RESOLUTION NO. 26-31

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, MODIFIYING THE

SENIOR MOBILITY PROGRAM TO LIMIT THE NUMBER

OF RIDES ALLOWED PER RIDER TO EIGHT ONE-WAY

RIDES PER MONTH, AWARDING AND AUTHORIZING

THE CITY MANAGER TO EXECUTE A PROFESSIONAL

SERVICES AGREEMENT WITH OCY MANAGEMENT, LLC

FOR SENIOR MOBILITY PROGRAM TRANSPORTATION

SERVICES, APPROVE SUPPLEMENTAL
APPROPRIATIONS TOTALING $70,000 FOR THE SENIOR

MOBILITY PROGRAM, AND FINDING THE ACTIONS

STATUTORILY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT UNDER PUBLIC
RESOURCES CODE SECTION 21080(B)(10)
WHEREAS, the City wishes to continue providing senior transportation services to help the gap between local fixed-route buses and ADA paratransit; and WHEREAS, the City is required to match OCTA Senior Mobility Program grant funds with a 20 percent fair share contribution; and
WHEREAS, OCTA grant funding continued during the COVID period of low ridership and funds that were received were not spent; and WHEREAS, OCTA has informed the City that unused OCTA funds need to be spent in a timely manner or they may be required to be returned to OCTA; and WHEREAS, the City expanded its Senior Mobility Program rider destination locations per OCTA’s request to expend the unused OCTA funds; and WHEREAS, on December 9, 2025, City Council approved an amendment to a contract with OCY Management LLC (OCY) for senior mobility program transportation services and directed staff to conduct a program reevaluation and issue a Request for Proposals (RFP); and
WHEREAS, City staff issued an RFP through Planet Bids and received proposals from Jewish Family Service of San Diego, Circuit Transit Inc., and OCY; and WHEREAS, the procurement process has since been completed, and staff is now recommending that City Council award the contract; and WHEREAS, OCY demonstrated superior knowledge in the program and working alongside OCTA to provide accurate data analysis required for Senior Mobility Program 302
Resolution No. 26-31 Page 2
reporting, offered the best proposal to meet the City’s needs and it’s fee is fair and reasonable; and
WHEREAS, at the February 3, 2026 City Council meeting, City Council directed staff to limit the number of one-way rides per participant per month as a costcontainment measure and to monitor the program on an on-going basis; and WHEREAS, Staff analysis determined that a cap of approximately eight one-way rides per rider per month will allow the program to remain near the approved budget if the eight-ride cap is implemented beginning March 1, 2026.

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

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

SECTION 2. Based on a review of the record as a whole, this project is hereby determined to be statutorily exempt from the California Environmental Quality Act (CEQA) under Public Resources Code section 21080(b)(10) because it is a project for the institution or increase of passenger or commuter services on rights-of-way already in use and there is no direct or foreseeable indirect substantial impact on the environment.

SECTION 3. The City Council approves a modification of the Senior Mobility Program to limit each rider to a maximum of eight one-way rides per month, directs staff to monitor the program to ensure that the program is keep within the approved budget, and authorizes and directs staff to make such other or additional modifications to the program to keep it within the approved budget.

SECTION 4. A supplemental appropriation in the amount $56,000 from the Senior Mobility Fund Program (015) to account number 015-806-44723-000-00000 is hereby authorized and approved.

SECTION 5. A supplemental appropriation in the amount of $14,000 from the General Fund (001) to account number 001-203-47012-000-00000 is hereby authorized and approved.

SECTION 6. A Professional Services Agreement is hereby awarded to OCY Management LLC for Senior Mobility Program in an amount not to exceed $70,000 from March 1 through June 30, 2026 with three optional one-year extensions exercisable in the City Manager’s discretion.

SECTION 7. The City Manager is hereby authorized and directed to execute, a Professional Services Agreement with OCY Management LLC for Senior Mobility Program in a form substantially similar to that presented to the City Council on February 17, 2026.
303
Resolution No. 26-31 Page 3
SECTION 8. The City Manager is hereby authorized in his/her discretion to approve up to three one-year contract extensions in an amount not to exceed $180,000 per year from July 1, 2026 through June 30, 2029.

SECTION 9. The City Manager is hereby authorized and directed to execute such other documents and take such other and further actions as are necessary and proper to accomplish the purposes of this resolution, implement the Senior Mobility Program or obtain grant funding.

SECTION 10. 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 February, 2026.
____________________________
Rick Loeffler, Mayor of the City of
San Clemente, California
ATTEST:
__________________________
CITY CLERK of the City of
San Clemente, California
304
Resolution No. 26-31 Page 4

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. 26-31 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of February, 2026, 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
305
Attachment 2

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 20___, 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 OCY Management, LLC, a California limited liability company, with its principal place of business at 520 West Dyer Road, Santa Ana, California 92707 ("Consultant").

City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional senior mobility program transportation services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional senior mobility program transportation services to public clients, is licensed in the State of California, if applicable, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional senior mobility program transportation services for the Senior Mobility Program ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional senior mobility program transportation 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 March 1, 2026 to June 30, 2026 and any and all of the three one-year optional extensions that are exercised by the City Manager, or until completed to the City’s satisfaction, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the 306
4918-7577-4861 v1 2
55452.01100\31193624.5
means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control, the City being only concerned with the finished results of the work being performed. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be solely responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Neither Consultant nor Consultant's employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, retirement benefits, workers’ compensation benefits, injury leave or other leave benefits. Consultant is solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.

3.2.2 PERS Eligibility and Employee Payments Indemnification. In the event that Consultant's employee providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions that would otherwise be the responsibility of the City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant's employees providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation and benefit including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contributions to be paid by City for employer contributions and/or employee contributions for PERS benefits. Consultant agrees to defend and indemnify the City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the PERS, social security, salary or wages, overtime payment, or workers’ compensation payment that the City may be required to make for work done under this Agreement. The provisions of this section 3.2.2 are continuing obligations that shall survive expiration or termination of this Agreement.

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

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

3.2.5 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
307
4918-7577-4861 v1 3
55452.01100\31193624.5

3.2.6 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Akbar Majid, President.

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

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

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

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

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services 308
4918-7577-4861 v1 4
55452.01100\31193624.5
or to work on the Project.

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

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

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

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed Seventy Thousand dollars ($70,000) for the initial term through June 30, 2026 and thereafter shall not exceed One Hundred Eighty Thousand dollars ($180,000) per year for each additional option year exercised by the City Manager 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 shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
309
4918-7577-4861 v1 5
55452.01100\31193624.5

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless previously authorized in writing by City, or included in Exhibit "D" of this Agreement.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without prior written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “D” may be adjusted each year at the time of renewal as set forth in Exhibit “D.”

3.3.6 Labor Code Requirements.

3.3.6.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement.
310
4918-7577-4861 v1 6
55452.01100\31193624.5

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: OCY Management LLC.
520 West Dyer Road
Santa Ana, CA 92707
ATTN: Akbar Majid
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Laura Campagnolo, City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents 311
4918-7577-4861 v1 7
55452.01100\31193624.5
and warrants that Consultant has the legal right to license any and all Documents & Data.

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

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

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

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

3.5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the 312
4918-7577-4861 v1 8
55452.01100\31193624.5
Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.5.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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

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

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

3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

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

3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

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

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

3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other 313
4918-7577-4861 v1 9
55452.01100\31193624.5
default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

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

3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

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

3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City, state and federal grant requirements and related programs, policies and guidelines currently in effect or hereinafter enacted.

3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party 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 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.
314
4918-7577-4861 v1 10
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

OCY Management, LLC, a California limited
liability company
(“CONSULTANT”)
By:_____________________________
Akbar Majid, Secretary
Dated: _________________________
By:_____________________________
Robert Boswsher, CFO
Dated: _________________________
315
4918-7577-4861 v1 11
55452.01100\31193624.5
EXHIBIT "A"

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

A. GENERAL INFORMATION

1. Services
Consultant must provide all necessary vehicles, drivers and other labor, equipment, fuel, and maintenance to successfully operate a transportation service between the residences of San Clemente senior citizens and select locations in San Clemente. Additionally, the Consultant shall provide for all management, personnel, reservations and scheduling, dispatching, operations, computer software, licenses, cyber security, hardware, insurance, record keeping and reporting, telecommunications equipment, and service.

2. OCTA Senior Mobility Program Guidelines
The Orange County Transportation Authority (OCTA) Project Funding and Policy Guidelines (provided in Attachment A to the RFP) and are hereby fully incorporated herein.

The Contractor must operate the program in compliance with the requirements set forth in the OCTA program guidelines provided in Attachment A to the RFP.

B. DEFINITIONS

1. Advanced Reservation. Describes the process of requesting trips and receiving trip confirmation prior to the day service is requested.

2. Curb-to-Curb Service. A type of service where, on both the origin and destination end of the trip, the driver gets out of the vehicle and assists the passenger between the vehicle and a sidewalk.

3. Deadhead. Refers to either miles or hours when a vehicle is not in revenue service, including travel from Consultant’s base to first pick up, time from last drop off back to the Consultant’s base, and travel time during driver breaks and other "out of service" times.

The travel time between scheduled pick-ups and drop offs, regardless of whether a passenger is on board, is not considered deadhead.

4. Door-to-Door Service. A type of service where, on either the origin and destination end of the trip, the driver gets out of the vehicle and meets/escorts the passenger to the door of the main lobby, residence, or building. The driver is responsible for assisting the passenger throughout the trip. Drivers are not allowed to enter a residence or business and must keep the vehicle in their sight at all times.

5. Dwell Time. The amount of time at each pick up or drop off including time which is built into the schedule and time otherwise required for boarding or alighting passengers.

6. Missed Trip. Any scheduled trip in which the vehicle arrives more than 20 minutes after the scheduled pick-up time, or does not arrive at all.

7. No-Show. A scheduled passenger who does not appear at the designated location for vehicle boarding within 5 minutes of an on-time vehicle arrival, or who calls the Consultant to cancel the trip after 5:30 p.m. the day before a scheduled trip. 316
4918-7577-4861 v1 12
55452.01100\31193624.5

8. On-Time Pickup. A vehicle shall be on-time if it arrives at the designated pickup location no more than 5 minutes prior to the scheduled pickup time and no more than 5 minutes after that time.

9. Revenue Service. The time a vehicle is available for passenger transport within the Consultant’s established hours of service. A vehicle is available for passenger transport from the time it arrives at the first passenger pickup location and ends at the last passenger drop off, excluding any meal breaks, service breaks, mechanical problems, and time a vehicle is unusable due to an accident.

10. Seniors. Individuals age 60 and older who live within the City.

11. Service Area. The geographic area within the jurisdictional limits of the City of San Clemente for which transportation services are to be provided to seniors per direction of the City.

12. Vehicle Service Hour. Any 60-minute increment of time during which a vehicle is available for passenger transport within the Consultant’s established hours of service, also known as revenue service hours. The 60-minute increment of time need not be continuous.

13. Vehicle Service Mile. Mileage reading on the driver trip sheet for each travel day. The "starting odometer" on the trip sheet shall be taken at the location of the first passenger pickup and the "ending odometer" shall be taken at the location of the last passenger drop off, excluding meal breaks, service breaks, and mechanical problems. If mileage readings need to be taken more than once during the day to accommodate breaks, then additional odometer readings shall be recorded on the trip sheet.

C. SAN CLEMENTE SENIOR MOBILITY PROGRAM (SMP) SERVICES
The City’s SMP shall consist of the following service offerings to be provided by the Consultant:

1. Senior Center Transportation
Consultant shall provide transportation for seniors in the service area between their residences and the Dorothy Visser Senior Center located at 117 Avenida Victoria. This service will be provided five (5) days per week on Monday through Friday. There will be no service on weekends or holidays. Seniors residing in San Clemente can be picked up and dropped off to and from their homes from the hours of 8:00 am to 4:00 pm. This service shall be curb-to-curb, however for frail seniors, seniors in wheelchairs, elderly or by request the service shall be door-to-door. Hours of service will be subject to change in the City’s sole discretion based on demand or to improve productivity.

2. Consultant shall provide transportation for seniors in the geographic area between their residences and within the City of San Clemente for the following:
 Grocery Stores
 Medical Appointments (Non-Emergency)
 Personal Care
 Amusement Park
 Aquarium/zoo
 Beach/Park
 Charity/Social Group event
 Community Cultural Event
 Education/Employment
317
4918-7577-4861 v1 13
55452.01100\31193624.5
 Family/Friends
 Funeral/Memorial Service
 Government office/Services
 Library/Museum/Historical Site
 Movies/Theater/concert
 Religious institutions
 Restaurant
 Sporting/Fitness
 Transit Center/Hub
This service will be provided seven (7) days a week from 7:00 am to 7:00 pm, excluding holidays.

The City has established, and the Consultant shall implement, a maximum cap of eight (8) one-way rides per rider per month. The City reserves the right at any time to modify this cap in ridership and/or order a decrease or increase in the level of service such as removing or adding locations at any given time, in addition to adding a charge to seniors. If the service levels are revised resulting in a change of unit cost provided by Consultant, the City will negotiate with the Consultant to adjust the contract rates or terminate the Agreement, at the City’s discretion.

D. SERVICE OPERATION

1. Reservations. The Consultant shall provide a toll-free telephone number for use by Senior Mobility Program (SMP) patrons. The Consultant shall accept telephone reservations from San Clemente residents from SMP patrons and dispatch a vehicle to the requested pick-up location within the City. Reservations shall be both demand responsive and allow for advanced pre-scheduled one-way or round-trip transportation services. Please provide in your proposal the minimum notice needed for to schedule transportation services.

2. Dwell Time. Maximum dwell time shall not exceed five minutes, except in those cases where drivers must wait before loading/unloading passengers.

3. Travel Time. Under normal conditions, a passenger will not travel in a vehicle for more than 45 minutes from pickup to drop off. The Consultant will ensure that no pattern of excessive passenger travel time develops.

4. On-Time Arrival. The SMP vehicle shall arrive on-time at the scheduled pick-up location, but in no event more than ten (10) minutes after the scheduled pick-up time.

5. SMP Participant Identification. Seniors using the City’s SMP must provide their client ID number when entering the SMP vehicle. Consultant is responsible for administering and implementing a system for enrolling senior citizen participants, verifying eligibility for the City SMP, and issuing photo identification cards to eligible participants.

E. VEHICLES, MAINTENANCE, APPEARANCE/INSPECTIONS.

The Consultant shall be responsible for all operations and maintenance of all participating vehicles, equipment and supplies at its sole cost and expense, including insurance, fuel, taxes, fringe benefits, licensing, dispatching, radio equipment, training, supervision, 318
4918-7577-4861 v1 14
55452.01100\31193624.5
management, service monitoring and vehicular accident reporting. All such liability shall be the sole responsibility of the Consultant. Vehicles shall have a mileage fee meter with a current approval and inspection by the Department of Weights and Measures. The Consultant shall ensure that participating vehicles meet all applicable codes, laws, and regulations.

At a minimum, Consultant shall perform:
 Daily pre-operation inspections that meet or exceed the guidelines provided by the SMP.
 Scheduled preventative maintenance that meets or exceeds the guidelines provided by the SMP.
 Maintain all maintenance records for each vehicle for five (5) years and shall cooperate fully in annual motor coach carrier terminal inspections conducted by the California Highway Patrol.
 All vehicles shall be uniformed in appearance and include the Consultant’s logo and color scheme.
 All vehicles shall be cleaned daily prior to each vehicle service day and shall be kept clean throughout the day. Vehicle exteriors shall be washed not less than once per week, and after any rain or other circumstances that compromise the vehicles’ clean appearance. Floors shall be free of stains, paper or other debris, gum, or other sticky substances. Windows shall be free of dirt, dust, smudges, hands, or fingerprints, exterior or interior. Dashboards, wheel wells, rails and ledges shall be kept clean, dirt and grease free. Seating areas shall be kept clean and in good repair with attention paid to cleaning upholstery on a regular basis. Wheelchair lifts shall be kept clean and in good repair.

The City reserves the right to remove from service any vehicle that does not meet its appearance and cleanliness standards. Wheelchair accessible vehicles must be available for SMP service.

F. REPORTING REQUIREMENTS

1. Daily Records. The Consultant shall keep daily records of customer service reservations taken. Reservations shall include the client's name, telephone number, pick-up and dropoff address, time the call was received and time the call was dispatched.

2. Monthly Reports. The Consultant shall prepare and submit monthly reports as part of the billing invoice meeting City and OCTA SMP requirements and shall include at minimum the following: Date, Passenger ID #, Passenger Name, Pick-up address, Drop-off address, Pick-up time, Drop-off time, Trip Miles, Co Pay or voucher received, Trip type (trip category or purpose), Number of trips per client, No shows, and Cancellations.

3. Incident Reports. Drivers shall be required to complete “incident reports” after any out of the ordinary occurrence during service including but not limited to vehicle accidents, disputes with or between passengers, passenger injury or accidents (during boarding or on-vehicle), passenger misconduct. Such reports must be submitted to City for review within twenty-four (24) hours after incident.

4. Vehicle Accidents. The Consultant shall have sole responsibility, at its own cost and expense, for repair of any vehicle damaged in a vehicular accident or by any passenger.

The City retains the right to investigate any vehicular accident involving the Consultant, and may request drug/alcohol screening of a driver found to be at fault under specific circumstances.

5. Patron Complaints. The City may and Consultant shall investigate and document all complaints or citizen concerns as a part of program administration by collecting as much 319
4918-7577-4861 v1 15
55452.01100\31193624.5
pertinent information regarding the complaint as possible from the complaining party. The Consultant shall provide the City with the name and contact information of person to call for reporting customer complaints. Within twenty-four (24) hours of a reported complaint, the Consultant’s assigned representative shall contact the client to resolve the problem and report client complaint to the City. Within forty-eight (48) hours of the reported complaint, the Consultant’s representative shall e-mail to the City the steps they are taking to address the client’s problem. The City reserves the right to exclude any of Consultant’s employees or drivers from participating in the program due to findings relating to a complaint or service issue.

6. Retention/Review of Records. The Consultant shall maintain all records pertaining to the services as required by OCTA Project U Funding and Policy Guidelines. The Consultant shall make its records available to the City upon request during regular business hours either for inspection or audit.

G. PERSONNEL OPERATIONS
Consultant shall be responsible for:

1. Implementing a dress code policy requiring that all Consultant employees driving vehicle(s) pursuant to the Agreement are in a clean, neat, and identifiable uniform.

2. Assigning licensed drivers with a Class B valid California Driver’s license.

3. Training staff involved in the Senior Mobility Program to proficiency so they perform their duties timely, properly, professionally, and safely. Training should include, but is not limited to, disability awareness, passenger assistance and compliance with applicable laws.

4. Ensuring that a properly trained and licensed driver(s) is available during the established SMP operating hours.

5. Ensuring that no Consultant employee performs any services under the Agreement if they have been convicted (or pleads guilty or nolo contendere), regardless of the time elapsed, in any state, of any of the following or their equivalent: murder; a violation of California Vehicle Code Section 2800.2 (pertaining to disregard for safety of persons or property), Section 2800.3 (pertaining to flight from peace officer causing death or bodily injury) or Section 20001 (pertaining to duty to stop at scene of accident); robbery; pandering; pimping; crimes related to the use, sale, possession, or transportation of controlled substances; crimes involving weapons; any crime for which registration would be required under California Penal Code Section 290; or any other offense involving moral turpitude or any crime that is substantially related to the qualifications, functions or responsibilities of a transit operator.

6. Ensuring that no Consultant employee performs any services under the Agreement if they have been convicted of any felony in any state (or pleads guilty or nolo contendere), other than those felonies listed above, within the last eight (8) years.

7. Ensuring that no Consultant employee performs any services under the Agreement if they have been convicted (or pleads guilty or nolo contendere) of any of the following regardless of the time elapsed, in any state, or their equivalent: reckless driving; driving under the influence of intoxicating liquors or drugs (DUI); a violation of California Vehicle Code Section 2800.1 (pertaining to flight from peace officer); Section 20002 (pertaining to duty where property is damaged), Section 20003 (pertaining to duty upon injury or death) or any corresponding substitute sections; vehicular manslaughter; and Penal Code Sections 240, 241, 242, and 243 or any corresponding substitute sections pertaining to assault and battery.

8. Training all Consultant vehicle operators performing services under the Agreement to properly operate all vehicles, including those provided by the City via OCTA, if applicable, 320
4918-7577-4861 v1 16
55452.01100\31193624.5
and to demonstrate knowledge on proper use of wheelchair lifts, ramps, and other equipment associated with this service.

9. Consultant shall have in effect personnel policies that conform to all state and federal laws including, but not limited to, all regulations concerning Equal Employment Opportunities, FTA Drug and Alcohol Regulations, Compensation, Workers’ Compensation, and other regulations as appropriate.

10. The City has a zero-tolerance policy for inappropriate behavior between passengers or between passengers and driver. Consultant’s personnel policies must clearly address how inappropriate situations and passenger altercations will be handled. At a minimum, this could include the proper handling of situations in which allegations of sexual misconduct, lewd behavior, or sexual harassment have been made. Consultant must also adopt a zerotolerance policy and shall describe their procedure for training employees with respect to such policy.

11. The purchasing, consumption, and/or possession of illegal substances or alcoholic beverages by Contractor employees performing services under the Agreement are prohibited. Contractor shall immediately remove any employee observed engaging in such conduct from further performance of services under the Agreement. The policies for addressing such incidents should be included in the Consultant’s Drug and Alcohol Policies as required by the FTA and in compliance with the FTA Drug and Alcohol Regulations.

12. Conducting pre-employment DMV checks of all personnel hired to provide service under the Agreement. Any operator exceeding the California DMV point system or with a revoked or suspended license will not be allowed to operate the City’s SMP service. Contractor shall comply with the DMV’s Pull Notice Program and shall pay for all applicable license fees for drivers, other personnel, and vehicles. The results of those inspections shall be transmitted to the City.

13. Requiring all vehicle operators to promptly report any in-service mechanical failure, including wheelchair, ramp, or other lifts, to Consultant’s supervisor. Contractor shall promptly ascertain the problem and report any in-service vehicle or other mechanical failure to the City immediately, and not later than the start of the next business day.

H. ADMINISTRATION
Contractor shall be responsible for:

1. Identifying a Project Manager who will oversee the proper operation and administration of all transportation services provided to the City under the Agreement. The designated Project Manager must be available to the City at all times. An organizational chart of Consultant’s management personnel shall be included in the proposal.

2. Contractor shall adhere to the performance standards set by the City, and shall meet periodically with the City to evaluate its performance under the Agreement. Transportation services and passenger demand will be assessed regularly by the City to ensure that the mobility needs of the City’s seniors are met and the SMP is operating reliably and efficiently.

3. Providing on a monthly basis a written summary of service and expenditures and maintaining daily attendance. In addition to SMP mandated reports, a City monthly report must accompany each invoice including dates of service, names and addresses of individuals served, pick-up location, destination location, trip category, vehicle service hours, destinations, and any other coordinate transportation services.

4. Entering into an approved professional services agreement with the City (refer to Attachment C for standard agreement).

5. Attending preliminary meetings with City staff to finalize the logistics and paperwork to 321
4918-7577-4861 v1 17
55452.01100\31193624.5
properly implement, coordinate, and administer the SMP program to the satisfaction of the City and OCTA.

6. Hiring capable and courteous personnel who are responsible for taking requests for transportation service and responding to telephone inquiries regarding the transportation service. Contractor telephones shall be answered by the 4th ring. Two telephone lines must be dedicated to this service. Contractor shall be responsible for paying for the service charges for installation and all toll calls.

7. Providing and maintaining appropriate vehicle storage and maintenance facilities for the garaging of the vehicle(s). If storage facilities are to be acquired, Contractor shall indicate in the proposal what actions will be taken to acquire such facility prior to the Effective Date.

8. Notifying the City of all automobile accidents and passenger injuries, both by telephone immediately and in writing by the close of the next business day.

9. Enforcing all established policies with regard to operational emergencies, driver training, passenger safety, quality control, and professional service performance.

10. In the event of a mechanical malfunction, especially a passenger lift malfunction, Contractor shall provide a wheelchair accessible spare vehicle to ensure continuity of service.

11. Developing and recording in writing procedures, which will be submitted to the City, that a vehicle operator uses related to wheelchair lift failure, passenger disturbances, medical assistance to passengers, accidents, inoperable vehicle with passengers on board, fares, and accountability for funds collected, and customer service standards.

12. Referring all media inquiries to the City for response.

13. Submitting with the proposal, certified financial statements reflecting the financial condition of Contractor for the past two year.

14. Implementing an advance reservation process.

I. FARE COLLECTION AND ACCOUNTABILITY
Contractor shall be responsible for:

1. Adhering to any cash or other fare that may be established by the City. Currently the City of San Clemente’s SMP is free to eligible seniors, however the City reserves the right to implement a fare at any given time.

2. Having the vehicle operator collect fares daily (if the City establishes a fare) and Contractor will deduct fares from the invoices submitted to the City.

3. Submitting monthly reports that include daily totals of passengers.

4. Keeping all data and records for this project for a minimum of five (5) years after the termination of the Agreement. Contractor shall cooperate fully with the City, OCTA, and/or State agencies in the event an audit of the SMP under the Agreement is conducted.

5. Accepting advanced passenger reservations.
322
4918-7577-4861 v1 1
55452.01100\31193624.5
EXHIBIT "B"

SCHEDULE OF SERVICES
Consultant shall diligently perform the Services to the City’s satisfaction according to the timeframe requested by the City.
323
55452.01100\31193624.5
4918-7577-4861 v1
EXHIBIT “C”

INSURANCE REQUIREMENTS

3.2.12 Insurance.

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

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. (E) Cyber Liability Insurance with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, 324
55452.01100\31193624.5
4918-7577-4861 v1
business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

3.2.12.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.12.4 Professional Liability (Errors & Omissions):
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.

3.2.12.5 Workers' Compensation:
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other 325
55452.01100\31193624.5
4918-7577-4861 v1
insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

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

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

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

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

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

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
326
55452.01100\31193624.5
4918-7577-4861 v1

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

3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
327
55452.01100\31193624.5
4918-7577-4861 v1
EXHIBIT “D”

COMPENSATION
In complete compensation for the Services provided under this Agreement, the City shall pay the Consultant for actual work performed based on the following fee schedule:

Mileage Rate

0.1 – 2 miles $25.00

2.1 – 4 miles $32.50

4.1 – 7 miles $37.00

7.1 – 9 miles $43.00

9.1 – 12 miles $52.00

12.1 – 16 miles $64.00

16.1+ miles $4.00 per mile
**Rates are based on a one-way basis, per eligible participant **Any rider contribution also known as a Co-pay will be determined by the City and is subject to change
Total compensation under this Agreement shall not exceed $70,000 for the initial term and $180,000 for each additional optional year.
328
WORKER’S COMPENSATION INSURANCE CERTIFICATION
55452.01100\31193624.5
4918-7577-4861 v1

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”)
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
329
1 OCY Management, LLC
City of San Clemente
Senior Mobility Program
Transportation Services
January 5, 2026
330
2 OCY Management, LLC
January 5, 2026
Fatana Temory
Management Analyst
910 Calle Negocio
San Clemente, CA 92673
Hello Ms. Temory,
OCY Management, LLC (OCY), formerly known as Cabco Yellow Inc., respectfully submits its interest in providing transportation services to the City of San Clemente. This proposal shall remain valid for a minimum of 180 days from the date of submission.

OCY has a long-standing history of delivering transportation services that extend well beyond traditional taxicab operations. Early in our development, we recognized underserved populations within Orange County and designed flexible, on-demand transportation solutions to address the limitations of public transit. Today, OCY operates the largest and most adaptable taxicab fleet in the county, offering seniors and paratransit passengers reliable transportation without the constraints of fixed bus schedules.

We are confident in our ability to successfully support this program through our experienced drivers and dedicated staff. Our drivers are professional, patient, and safety-focused, consistently treating senior passengers with the respect and care they deserve.

OCY currently serves as a transportation contractor for more than fifteen senior transportation programs throughout Orange County, including the Cities of San Clemente, Rancho Santa Margarita, Laguna Woods, Aliso Viejo, Laguna Niguel, Orange, Garden Grove, Cypress and others.

We appreciate the opportunity to submit this proposal and look forward to the possibility of continuing to serve and support the transportation needs of seniors in the City of San Clemente.

Sincerely,
Akbar Majid
President
331
3 Company Data
Legal Name of Company:

OCY Management, LLC
Formally known as:

Cabco Yellow Inc.

DBA California Yellow Cab
Office Location:
520 W Dyer Road, Santa Ana, CA 92707
Phone: (714) 427-2555
Dispatch Phone Numbers:
(714)444-4444
(949)444-4444
(657)444-4444
(877)951-8294
Name and Title of Person Authorized to Submit Proposal:

Akbar Majid, President
Ph. (714)427-2555 Ext. 112 Email: [email protected] Federal Employer Identification Number:
33-1810345
Statement of Ownership:

OCY Management, LLC is an LLC
Wholly owned by William Rouse
Years in Business:
>1 year as OCY Management
30+ Years as Cabco Yellow Inc., dba California Yellow Cab Failures or Refusals to Complete Any Contracts:

None
Arbitrations, lawsuits, settlements, etc., in the last 5 years There is no pending litigation or arbitration for OCY other than that related to normal operational vehicle accident activity, which has resulted in routine 332
4 litigation, which is addressed by our company’s insurance carrier. Additionally, there are no other conditions – including those identified above – that OCY believes would impede the company’s ability to service the program.

Comparable contracts in the last 5 years
Please refer to Summary of Experiences (page 21)
333
5 Scope of Work & Proposed Operational System for
City of San Clemente
OCY proposes establishing a dedicated toll-free telephone number for Senior Mobility Program (SMP) participants in the City of San Clemente. Through this number, program patrons may request on-demand transportation during program service hours, with the expectation that a vehicle will arrive at the designated pick-up location within sixty (60) minutes.

The toll-free line will automatically recognize callers as program participants, requiring them only to provide basic trip details and their SMP identification number also known as a Passenger ID number. As the City of San Clemente’s current transportation provider, OCY can either continue using the existing tollfree number or establish a new one, based on the City’s preference.

In addition to standard on-demand service, participants may use the same tollfree number and identification process to schedule trips up to two weeks in advance. This advanced scheduling allows OCY dispatchers and routing staff to plan and assign trips to designated drivers ahead of time, ensuring efficient and reliable service.

Reporting and Billing
All OCY documentation and reporting are managed through our proprietary digital dispatch system. In addition to providing monthly trip data and invoicing, the system maintains highly detailed electronic records that are securely archived and can be accessed and compiled into customized reports within as little as twenty-four hours.

The information collected, stored, and readily available for reporting includes essential dispatch details such as passenger names, pick-up locations, destinations, travel dates and times, passenger identification numbers, and additional contact information. Beyond standard trip data, the system also captures GPS “ping” data from each vehicle, providing accurate records of routes taken, vehicle speeds, and performance metrics. Comprehensive records of customer interactions are maintained as well, including audio recordings of 334
6 all inbound and outbound calls, along with detailed trip event logs documenting pick-up and drop-off times.
**Under current SMP reporting requirements, both pick-up and drop-off odometer readings are recorded. OCTA has approved OCY’s method of reporting the pick-up odometer reading as zero (0) and using the drop-off reading to reflect the total mileage for each trip.

Complaints and Incidents
The Project Manager will review all complaints and concerns within twenty-four (24) hours of receipt. A proposed resolution will be identified promptly, and the City will be notified of the issue and its status within forty-eight (48) hours.

Appropriate remedies will be implemented as necessary to prevent similar issues from occurring in any area of operations.

As a service-oriented organization, OCY maintains that any incident is unacceptable. Upon receipt of an incident report, the Project Manager will assume responsibility for gathering all relevant details and conducting appropriate follow-up. A comprehensive written report documenting any accident, injury, or dispute will be prepared and submitted to the City.

In accordance with standard operating procedures, all accidents receive immediate attention from OCY’s accident investigation team. These investigators are responsible for responding promptly when applicable and for completing a formal investigation using established reporting protocols. Each investigation includes interviews with involved parties, on-site measurements, and photographic documentation of the incident and surrounding conditions.

Additionally, detailed trip-level data is included with each monthly invoice.

Ridership is itemized on a line-by-line basis to support program auditing, transparency, and effective oversight.

Experience
OCY has provided senior and paratransit transportation services since its founding more than thirty years ago in 1995. Currently, OCY serves as the transportation contractor for senior mobility programs in the Cities of San 335
7 Clemente, La Habra, Fullerton, Cypress, Laguna Hills, Laguna Woods, Mission Viejo, Orange, Garden Grove, Rancho Santa Margarita, and others. In addition, OCY is the exclusive ground transportation contractor for John Wayne Airport, holds a franchise in the City of Anaheim, and partners with several independent private care organizations—all of which require strict ADA compliance and comprehensive driver Sensitivity Orientation training.

OCY also serves as the transportation provider for OCTA’s Same-Day Taxi Program and as a subcontractor under the ACCESS paratransit contract.

Notably, OCY has more than fifteen years of experience serving the approximately 25,000 senior residents of Laguna Woods, maintaining a complaint rate consistently below one percent.

As the exclusive contractor for John Wayne Airport (JWA), OCY continuously adapts and innovates to meet the evolving needs of a diverse traveling public.

Operational best practices developed at JWA—including modern fleet protocols, advanced customer service standards, enhanced situational awareness training, and specialized assistance techniques for seniors and culturally diverse populations—are incorporated into OCY’s street-fleet driver orientation programs, ensuring a consistent and high level of service across the entire fleet.
336
8 Fleet and Maintenance
OCY has a diverse fleet consisting of conventional sedans, 6-passenger minivans, and ADA-compliant wheelchair-access vans.

All taxicabs are subject to a comprehensive maintenance program to ensure safe, reliable transportation for all passengers. Detailed inspection reports and maintenance logs are maintained as permanent records and are available for review by City staff upon request.

Central to OCY’s vehicle maintenance program is the Preventive Safety and Maintenance Inspection (PSMI). This proactive program is designed to identify and address potential mechanical or safety issues before they escalate, ensuring optimal vehicle performance and passenger safety.

Safety Inspections
Every cab in our fleet is inspected by the driver daily prior to conducting any trip.

This helps prevent any vehicle malfunction or unsafe conditions, including, but not limited to:
• Headlights, taillights, brake lights, interior lights, and turn signals • Steering
• Windshield wipers
• Tires
• Oil, transmission fluid, etc.
• Warning lights on display
337
9 • Body, windshield, or interior damage
• Leakage of any fluids
• Horn
• Mirrors
• Double-check the hood to ensure both latches are fastened securely • Wheelchair Vehicles: handrails, wheelchair tie-downs (manual or power), internal and exterior lighting, operation of ramp/lift, etc.

If any malfunction or damage is observed, the vehicle is not driven.

Interval PMSI Inspections
PMSI inspections are conducted at intervals established per standard manufacturer recommendations for applicable vehicles. The vehicle’s engine oil and filter are changed at each inspection, and the tires, lights, steering, and brakes are inspected and adjusted, if necessary.

Automated Maintenance Tracking System
OCY utilizes an automated driver and vehicle maintenance tracking system that proactively monitors all drivers and vehicles within the fleet, including the weekly recording of vehicle mileage. The system tracks critical driver compliance data, including:
• Driver’s license status and expiration
• Norton Medical certification expiration (drug screening) • Driver permit status
In addition, the system monitors essential vehicle information, including:
• Vehicle registration status and expiration
• Vehicle mileage and required preventive maintenance
The program also maintains a comprehensive history of prior vehicle inspections.

Using this data, the system evaluates the entire fleet and identifies vehicles scheduled for inspection within the upcoming week, as well as the specific inspection required. This information is communicated to the Fleet Manager to 338
10 ensure vehicles are made available to the Maintenance Department as scheduled.

All OCY vehicles are washed weekly, and drivers are required to always maintain clean and orderly interiors. Any vehicle found to be dirty or emitting unpleasant odors is immediately removed from service and reinspected before being returned to operation.

While most OCY taxicabs maintain a uniform and easily recognizable appearance, some vehicles transitioned to a single solid color beginning in 2020.

However, all vehicles retain consistent decal placement to ensure uniform identification across the fleet.

Insurance Requirements
Since our vehicles can hold a maximum of 6 riders, our automobile liability insurance coverage is with a limit of not less than $1,000,000 for each accident.

Business License
AB1069 states “A city or county shall not require a taxicab company or driver to obtain a business license, service permit, car inspection certification, or driver permit, or to comply with any requirement under this section or Section 53075.52, unless the company or driver is substantially located within the jurisdiction of that city or county”. Under AB 1069, regulatory fees will be paid to the jurisdiction where taxicabs are “substantially located,” which is defined as both where the taxicab driver or taxicab business is located and where the taxicab provided the largest number of trips in the year prior.

Dress and Appearance Standard
All drivers participating in the program will wear business casual attire.

Operations Base in Santa Ana
Our facility includes approximately 2,600 square feet of office space and over 5,000 square feet dedicated to logistics and vehicle maintenance. The administrative office is staffed by fifteen full-time employees, and we contract with an additional dozen on-site fleet maintenance technicians and specialists. 339
11 All routine and most specialized maintenance is performed on-site, except for certain bodywork and machine shop services. Our fully equipped maintenance facility can handle everything from routine oil changes to complete driveline and chassis rebuilds. The shop meets all local zoning requirements and is staffed by highly trained, certified technicians, ensuring vehicles are maintained to the highest standards of safety and reliability.

Driver Orientation Program
All drivers with (OCY) are independent contractors.

All applicants must be able to produce the following:
• An Excellent Driving Record
o Current, valid California Driver’s License
o ZERO serious violations such as reckless driving, or driving while under the influence of drugs or alcohol
• Pass a drug screening initially, and enroll in a random and annual drug and alcohol program
• Live Scan fingerprints
• Successfully pass a background check
• Provide proof of legal residency
• Be placed on the DMV Pull-Notice program
Only after successfully producing the above will a prospective driver be considered for a Lease under the OCY livery.

OCY utilizes a comprehensive driver orientation program structured around four modules: Operations, Safety, Service, and Review (OSSR). OSSR places particular emphasis on customer service, fare collection policies, and sensitivity training for transporting seniors and individuals with disabilities. The program includes approximately 30 hours of combined classroom and on-the-road training, typically delivered over a three- to five-day period.
340
12 Orientation is conducted before assigning a vehicle to a driver, on an annual basis, and as needed. Whenever program guidelines are updated, drivers are promptly notified via their tablets, and the revised guidelines are immediately made available.

For all senior programs we serve, drivers are requested to wear a white shirt with dark trousers and dark shoes. Participation is optional; however, drivers who choose to participate are required to comply with the program’s uniform standards.

Drug and Alcohol Policy
OCY provides safe, dependable, and efficient transportation services to our customers. Our safety-sensitive employees’ and affiliates’ use of illegal drugs and misuse of alcohol pose a significant risk to public safety, as well as the employees’ and affiliates’ health and well-being, and can cause loss of efficiency, productivity, or a disruptive work environment. OCY’s drug and alcohol policy is intended to comply with all applicable State and Federal regulations governing workplace anti-drug use and alcohol misuse programs in the transportation industry. They include DOT 49 CFR Part 40 as amended (“Procedures for Transportation Workplace Drug and Alcohol Testing Programs”); FTA 49 CFR Part 655 (“Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations”); DOT 49 CFR Part 29 (“Drug-Free Workplace Act of 1988”); and CA Govt. Code Section 8350 et. Seq. (“Drug-Free Workplace Act of 1990”).

The policy incorporates the requirements of the above regulations for safetysensitive employees and others when so noted (this policy is available at any time). Drivers undergo an FTA Drug test initially (pre-employment) and must enroll in a random pool.
341
13 Qualifications of Personnel
Akbar Majid- Mr. Majid serves as General Manager overseeing the daily operations of SDY Management, LLC, and as President of OCY Management, LLC. He is actively involved in all aspects of the organization’s operations and plays a key role in strategic planning and decision-making. Throughout the term of this contract, Mr. Majid will work closely with Melissa Gomez, Project Manager, to ensure full compliance with all requirements. With more than 30 years of experience in the taxicab industry, Mr. Majid has an extensive background providing transportation services to seniors, individuals with disabilities, and the public.

Melissa Gomez- Since January 2017, Ms. Gomez has served as Project Manager, overseeing compliance with program guidelines and ensuring all outcome objectives are met while maintaining the highest standards of service. She manages established client relationships and takes the lead in addressing service issues and resolving complaints related to Orange County programs. With an extensive background in the transportation industry, Ms. Gomez currently manages more than 19 Senior Mobility Programs in Orange County and is dedicated to ensuring seniors receive exceptional service and are transported safely, reliably, and on time.

Jackson Fraser- As Director of Operations at OCY Management LLC, Mr. Fraser oversees all aspects of day-to-day service delivery for our fleet. His responsibilities include driver oversight, regulatory and contract compliance, customer service quality, and operational strategy to ensure reliable, timely transportation across Orange County. Mr. Fraser has led initiatives to streamline dispatching, improve ADA accessibility, and maintain fleet standards in accordance with county, city, and private contracts. He collaborates closely with both municipal partners and private stakeholders to ensure OCY Management’s services meet evolving community needs.
342
14 Akbar Majid
[email protected]
619-398-2333
Work Experience
2019-present
Vice President and General Manager
SDY Management, LLC
Yellow Cab of San Diego
• Oversee daily operations of the largest taxicab company in San Diego County
• Responsible and directly involved in all aspects of business and decision makings
• Represent the company with all applicable regulatory agencies, including Metropolitan Transit Systems, San Diego County Sheriff and San Diego County Regional Airport Authority
• Oversee Transdev/ MTS Access contract
• Working closely with legal counsel in drafting agreements, litigation, depositions and other legal matters
Vice President of Operations
2004-2019 Administrative Services SD, LLC
Yellow Cab of San Diego
• Responsible for forming the largest taxicab Cooperative in San Diego County
• Overseeing the agreements, accounting and all other business matters related to over 1000 independent contractors, taxicab drivers and permit holders
• Overseeing all marketing, sales and public relations related to the business • Oversaw customer complaints and related resolutions
• Responsible and directly involved in union negotiations and administration of the union contract related to all union employees
• Negotiations, review and purchase of all commercial insurance policies such as commercial auto, D&O, EPLI
• Participation in various government meetings, such San Diego International Airport Board of Directors, the Metropolitan Transit Systems Board of Directors, and MTS Taxicab Advisory Committee
Operations Manager
2001-2004 Transit Capital Corporation
Yellow Cab of San Diego
343
15 • Responsible for hiring, discipline, promotion and termination of employees within the operations department
• Operated and was responsible for all aspects of Direct Access Route Transportation contract with the Metropolitan Transit Systems • Oversaw all employees, scheduling and contract compliance related to the Direct Access Route
• Oversaw the operations of the mechanical repair shop and its employees • Oversaw the mechanical parts shop and its employees
• Oversaw the operations of the limousine and sedan fleet • Responsible for all aspects of the operations department President and General Manager
1993-2004 San Diego Cab and San Diego Dispatch
• Established the company
• Organized independent taxi permit holders and fleets under one organized management team
• Directly responsible for all aspects of the business and decision-making • Established the dispatch service for the company
• Developed company policies and procedures
• Hired employees and entered into agreements with vendors • Developed customer service and driver orientation programs Affiliations
Metropolitan Transit System Taxicab Advisory Committee
Member of The Transportation Alliance
Member of the Taxicab and Paratransit Association of California Member of San Diego County Lodging Association
344
16 MELISSA GOMEZ
Riverside, CA  714-559-8300 [email protected]

EDUCATION
California Baptist University, 2016 (Master’s in Communication) California State University San Bernardino, 2014 (BA in Communications/Spanish) Riverside City College, 2009 (AA in Humanities, Philosophy, and Arts) PROFESSIONAL OCY Management, LLC/California Yellow Cab
January 2017 to Present
 Maintain files to meet contractual compliance
 Increased overall operational efficiency through the
implementation of innovative scheduling
 Coordinate with our Fleet Department to ensure minimal service disruptions and vehicle downtime
 Conduct annual safety orientations
 Develop effective risk management strategies to decrease safety-related incidents
 Develop and implement sales and marketing plans to
achieve company objectives
 Create awareness of the company’s services and monitor progress
 Ensure high levels of customer service are emphasized  Oversee the planning and execution of logistics and
operations for day-to-day services
Happy Taxi February 2012- January 2017
 Answered routine employee and recruitment-related
questions, such as appropriate documentation submission and application status
 Assisted in scheduling interviews and training times/dates for candidates
 Provided training and orientation for new staff
 Provided quotes and answered questions regarding orders, billing, or transportation needs
 Dispatched and routed customer orders promptly
 Generated invoices and processed payments via fax,
telephone, e-mail, and in person
 Responded to and assisted customers with inquiries and/or complaints in an efficient manner
 Provided strong skills in analysis and complex problemsolving  Maintained equipment and technology up to date
 Implemented innovative marketing efforts to increase
business
 Exercise good judgment and make sound decisions in
emergencies under pressure
345
17 Mission Inn Foundation, August 2016- December 2016
 Oversaw the planning and execution of logistics and
operations for events through private meetings and
conferences
 Worked with event sponsors and vendors on all aspects of planning events
 Assisted in achieving business objectives
 Multitasked with demanding timeframes
 Negotiated and managed contracts with vendors and
service providers
 Maintained strong verbal communication skills for dealing effectively with all types of personalities
 Used high-level discretion and maintained a high level of confidentiality
346
18 Jackson Fraser
[email protected]
(949) 564-2996
Relevant Work Experience
2024 – Present Director of Operations OCY Management, LLC /California Yellow Cab
• Manage day-to-day operations for a fleet of 250+ vehicles, including sedans, minivans, and wheelchair-accessible vehicles, ensuring compliance with local, state, Federal and industry regulations. • Oversee adherence to contracts, including Same-Taxi and OC Access, ensuring full compliance and maintaining strong relationships with key stakeholders.
• Spearhead efforts to identify and secure new business opportunities, contributing to the company’s growth in a competitive market. • Supervise the permitting and drug testing process for all drivers, ensuring adherence to regulatory requirements and maintaining the highest standards of safety and reliability.
• Streamline operational procedures to enhance efficiency, reduce costs, and improve service delivery.
• Overhaul driver orientation and recruitment processes, resulting in improved driver satisfaction, retention, and performance. • Supervise accounting functions, ensuring accuracy and accountability. 2020 – 2024
Development Manager The Jackal Group
• Managed large-scale logistics for television and film productions, coordinating complex schedules, union compliance, and
regulatory adherence across multiple states and international locations.
• Collaborated with legal teams, unions, and regulatory bodies to ensure smooth operations and compliance with industry standards. • Pitched and developed new television and film projects, successfully securing greenlights for multiple productions and building relationships with networks and studios.
• Directed creative and production teams, fostering collaboration and ensuring alignment with project goals and timelines. • Worked closely with production finance teams to manage budgets, control costs, and maximize resource allocation for high-quality outputs.
2015 – 2020
Executive Assistant (2017-2020)
Mosaic Media Group
• Provided comprehensive administrative support to senior talent 347
19 and literary managers, ensuring seamless day-to-day operations in a fast-paced entertainment environment.
• Managed complex calendars, coordinated meetings with
high-profile clients and executives, and organized travel arrangements across multiple time zones.
• Served as a key point of contact between clients, studios, networks, and other industry stakeholders, fostering strong professional relationships.
• Assisted in the development and execution of client strategies, tracking deadlines and deliverables for ongoing projects in film, television, and publishing.
• Coordinated talent logistics for press tours, premieres, and industry events, ensuring all arrangements were meticulously handled. • Drafted correspondence, deal memos, and pitch materials for client submissions, highlighting professionalism and attention to detail.
• Maintained confidential client files and tracked project statuses, ensuring accuracy and accessibility for managers.

Facilities Coordinator (2015-2017)
• Oversaw day-to-day office functions, ensuring smooth workflow and efficient operations.
• Recruited, trained, and managed a team of 20+ interns per year, creating schedules, delegating tasks, and providing mentorship to foster professional development.
• Supervised receptionist and AV room staff, ensuring professional frontof-office operations and seamless support for client presentations and meetings.
• Coordinated with vendors and managed office supply inventory while adhering to budgetary constraints.
• Provided direct support to executives and staff, maintaining office calendars, arranging meetings, and organizing company events. • Streamlined administrative procedures and implemented new organizational systems to increase efficiency and reduce downtime.

Education:

Bachelor of Science – Communications (2014) The University of Texas at Austin 348
20 Organizational Chart
OCY Management, LLC Key Personnel
William Rouse
CEO
Akbar Majid
President
Jackson Fraser Director of Operations
Reyna Chavez
Accounting
Clerk
Melissa Gomez Project
Manager/ Director of
Marketing
Bobbing Nguyen Office
Manager
Matthew Rouse
Fleet Manager Jonatan Martin Driver Manager

Key Personnel Statement: President Akbar Majid, Director of Operations Jackson Fraser, and Project Manager Melissa Gomez will be available to the extent proposed for the duration of the project and acknowledge that no person designated as “key” to the project shall be removed or replaced without the prior written concurrence of the City.
349
21 Summary of Experiences
OCY has numerous contracts with public and private organizations throughout Orange County, including the OC Health Care Agency, OCTA-Same-Day Taxi, OCTA-Access, and Children’s Hospital of Orange County. However, OCY is the primary provider to 19 City Senior Mobility Programs in Orange County. 2004 – Present
City of Laguna Woods- Senior Mobility Program
Transportation for Laguna Woods residents 60 years of age and older. Trips must begin or end in Laguna Woods but can travel within OC and Long Beach VA.

Participants must provide the taxicab drivers with a co-pay (if applicable) and may use the services for non-emergency medical appointments, social, personal care, and other recreational purposes.
2012 – Present
City of Mission Viejo- Senior Mobility Program
Transportation for Mission Viejo residents 60 years of age and older. Services are limited to the City of Mission Viejo, surrounding cities, and selected satellite destinations. Participants must provide the taxicab driver with a co-pay (if applicable) and may use the services for non-emergency medical appointments, grocery store, church, visit family and friends, the senior center, and more.
2012 – Present
City of Orange- Senior Mobility Program
Transportation for Orange residents 60 years of age and older. Trips must begin and end in Orange. Services must be to/from the seniors’ resident and the senior center, grocery store, and/or a medical facility.
350
22 2017 – Present
City of Lake Forest- Senior Mobility Program
Transportation for Lake Forest residents 60 years of age and older. Services are limited to the City of Lake Forest, surrounding cities, and selected satellite destinations. Participants must provide the taxicab driver with a co-pay (if applicable) and may use the services for non-emergency medical appointments, grocery store, church, visit family and friends, the senior center, and more.
2020 – Present
City of Placentia- Senior Mobility Program
Transportation for Placentia residents 60 years of age and older. Trips must begin and end in Placentia. Services must be to/from the seniors’ resident and the senior center or pre-approved medical trips.
351
23 References
2004 – Present
City of Laguna Woods- Senior Mobility Program
Yolie Trippy, Deputy City Clerk
24264 El Toro Road, Laguna Woods, CA 98263
T: 949-639-0561
E-mail: [email protected]
2012 – Present
City of Orange- Senior Mobility Program
Katherine Connaghan, Executive Director
170 S Olive St, Orange, CA 92866
T: 714-538-9633
E-mail: [email protected]
2017 – Present
City of Lake Forest- Senior Mobility Program
Victoria “Vicky” Blethen, Recreational Manager
100 Civic Center Dr, Lake Forest, CA 92630
T: 949-461-3453
E-mail: [email protected]
352
24 353
25 Statement of Compliance
This proposal is in compliance with the Request for Proposal and the City’s Standard Professional Services Agreement and no exceptions to either are proposed.
354
26 Exceptions
Cyber Liability Insurance Coverage: Due to the absorbent cost and scarcity of insurance carriers, we are only able to provide $1,000,000 coverage per occurrence/claim.
355
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: February 17, 2026 Agenda Item: 11F.

Submitted By: Public Works
Prepared By: David Rebensdorf, Public Works Director/City Engineer Subject:
..titl e

CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE

AND EXECUTE AN EMERGENCY LETTER AGREEMENT AND A COOPERATIVE

AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) TO

INSTALL AND MANAGE A TEMPORARY SEWER BYPASS, IN AN ESTIMATED AMOUNT OF $690,911; APPROVING AN EXEMPTION TO THE FORMAL BIDDING PROCESS DUE TO A BONA FIDE EMERGENCY; AWARDING AN EMERGENCY CONSTRUCTION CONTRACT TO SANCON TECHNOLOGIES INC. FOR THE INSTALLATION OF A CURED-IN-PLACE PIPE (CIPP) LINER IN AN AMOUNT NOT TO EXCEED $247,008; AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body Fiscal Impact:

The estimated total project cost is $937,919 and is within the supplemental appropriation of $1.6 million approved for the project by the City Council on December 9, 2025.

Summary:

A 70-foot-long section of the City’s 21-inch wastewater collection Beach Trunk Line, located south of Mariposa Point within OCTA’s Area 3 construction zone, is failing and must be repaired immediately. The failing section was identified through a pre-construction video completed by the lead contractor for the OCTA bluff stabilization and beach trail restoration project (Condon Johnson). The video confirms severe cracks and failures in the pipeline, necessitating immediate action by the City to prevent a sewer spill and to
protect public health and safety.

With OCTA and Condon Johnson & Associates
(CJA) possess the necessary railroad permits to
perform the sewer work. On December 9, 2025, the
City Council authorized the City Manager to
negotiate, finalize, and execute an emergency
agreement to reimburse OCTA for CJA's
replacement of the pipeline, and to report back to
the City Council with the final agreement. Following
City Council direction, OCTA, CJA, and City staff
evaluated options to replace the sewer line, install
a new force main from the Linda Lane Pump Station around the failed section, or install a liner inside the existing pipe and the costs of each option. To minimize project delays and provide a cost-effective solution, lining approximately 165 feet of sewer line is the preferred alternative. To expedite the work, the City Manager will need to finalize and sign a letter agreement with OCTA 356
Meeting Date: February 17, 2026 Agenda Item: 11F.

CITY OF SAN CLEMENTE 2
to establish mutual roles and responsibilities for the agencies related to the lining project, with a final Cooperative Agreement on OCTA’s standard template anticipated after the work is completed, given the urgent need to protect the sewer line.

To perform the emergency CIPP liner work, OCTA, CJA, and the City agreed to use Sancon Technologies, Inc. (Sancon) as the sub-contractor. The existing contract with OCTA and CJA includes all warranty work, including the change order to work on the beach trunk sewer line.

However, due to the challenging condition of this section of the sewer line, Sancon is unwilling to provide any warranty for the CIPP liner to CJA. CJA is also requesting indemnity. OCTA agreed to waive the warranty requirement, but reached an impasse on the indemnification issues.

OCTA is approaching the point in the Area 3 construction zone where work over the sewer trunk line will begin, so protecting the line is time-sensitive. The City reached out to Sancon to contract with them directly and remove that portion of the scope of work from CJA’s contract change order to OCTA. The sewer bypass, flagging, and other items related to the contract change order will remain in place. Removing the CIPP liner work from CJA reduces the City's cost by $50,500.

Background:

Due to slope movements in the bluff area between El Portal and Mariposa Beach accesses in January of 2023, the City’s heavily utilized Beach Trail Pedestrian Bridge was damaged.

Fortunately, OCTA received funding to install a catchment wall to protect against future bluff sluffing and an at-grade trail to reestablish connectivity of the City’s Beach Trail. OCTA obtained an emergency permit from the California Coastal Commission and hired Condon Johnson to construct the project.

Part of Condon Johnson’s contract is to record video before and after construction of the City’s wastewater collection Beach Trunk Line located adjacent to the catchment wall. The 21-inch pipeline, constructed in the 1920’s with clay pipe, is critical for conveying untreated wastewater from Califia to North Beach. The recently completed pre-construction video showed extreme cracking in approximately 70 feet of sewer line south of Mariposa Point, within Condon Johnson’s catchment wall construction area. The pipeline is severely damaged and requires rehabilitation to prevent further degradation (see photos below).
357
Meeting Date: February 17, 2026 Agenda Item: 11F.

CITY OF SAN CLEMENTE 3
Due to the project's emergency nature, City staff discussed options with OCTA and Condon Johnson: either replace the pipeline, install a new force main from the Linda Lane Pump Station around the failed section, or line the trunk line. The replacement of approximately 70 feet of sewer line is very costly (over $2 million), requiring extensive shoring to protect the pipeline and a future debris wall to catch bluff material. This option would also delay the catchment wall and trail project by approximately four to six weeks. Installation of a new force main is another option, but it requires a California Coastal Commission permit due to the pipeline's size, purpose (force main), and location. Lining the trunk line is the most cost-effective option that results in the least disruption to OCTA’s project. The work consists of bypass pump areas at the Linda Lane Pump Station and Mariposa in the section of failed pipe. The liner will provide an immediate solution to repair the pipe and protect against further failure, but additional work may be needed following the completion of the OCTA project. Sancon is confident the pipe can be lined and is taking extra precautions to minimize internal pressure on the pipe by using lower-pressure water and slowly heating the water/liner during the curing process.

On December 23, 2025, the City received a California Coastal Commission Permit Exemption (Commission Reference Number 5-25-0371-X) for the sewer line lining.

Approval of emergency contracts and purchases is authorized when there is a need to protect public health and safety per the City’s Procurement Policy and Procedure Section XI.A.1.1 and per Section 3.40.070 of the City of San Clemente Municipal Code.

Council Options:
 Adopt Resolution No. 26-___, the City Manager to negotiate and execute an emergency letter agreement with OCTA install and manage a temporary sewer bypass, in an estimated amount of $690,911, approving an exemption to the formal bidding process due to a bona fide emergency, awarding an emergency construction contract to Sancon Technologies, Inc. in an amount not to exceed $247,008 to perform the lining and authorizing the City Manager to execute the agreement, and finding the project exempt from the California Environmental Quality Act.
 Modify and adopt Resolution No. 26-____.
 Continue the item with direction to provide additional information.

Environmental Review/Analysis:

The project has changed from replacement to repair, but is still statutorily exempt from the California Environmental Quality Act (CEQA) under Section 15269(b) of the CEQA Guidelines (14 CCR 15269(b)) for emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety or welfare. Emergency repairs include those that require a reasonable amount of planning to address an anticipated emergency. 358
Meeting Date: February 17, 2026 Agenda Item: 11F.

CITY OF SAN CLEMENTE 4
Recommended Actions:

Staff Recommendation
..recommendation
Staff recommends that the City Council adopt Resolution No. 26-32, which will:

1. Find the project statutorily exempt from the California Environmental Quality Act (CEQA) under Section 15269(b) of the CEQA Guidelines (14 CCR 15269(b)) for emergency repairs;

2. Authorize the City Manager to negotiate and execute a letter agreement to reimburse OCTA to manage and install a temporary sewer bypass, in an amount estimated at $690,911;

3. Authorize the City Manager to negotiate and execute a final Cooperative Agreement with OCTA for the temporary sewer bypass with key terms similar to those in the letter agreement;

4. Make a finding that an emergency exists due to the potential failure of the City’s beach trunk sewer line while OCTA’s contractor Condon Johnson & Associates is completing the work on the catchment wall for Area 3, and to prevent a sewer spill and protect public health and safety;

5. Declare that the public interest and necessity demand the immediate expenditure of public funds to safeguard public health and approve an exemption to the formal bidding process due to a bona fide emergency; and

6. Award and authorize the City Manager to execute an emergency contract with Sancon Technologies, Inc. for the installation of a cured-in-place pipe (CIPP) liner, in an amount not to exceed $247,008.
..end
Attachment:

1. Resolution No. 26-32

2. Draft Letter of Agreement between the City and OCTA

3. Condon Johnson Cost Estimate

4. Sancon Technologies Cost Estimate

5. Sancon Technologies Contract
Notification:

None.
359
Attachment 1
RESOLUTION NO. 26-32

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE CITY

MANAGER TO NEGOTIATE AND EXECUTE AN

EMERGENCY LETTER AGREEMENT AND A

COOPERATIVE AGREEMENT WITH ORANGE COUNTY

TRANSPORTATION AUTHORITY (OCTA) TO INSTALL

AND MANAGE A TEMPORARY SEWER BYPASS, IN AN
ESTIMATED AMOUNT OF $690,911; APPROVING AN

EXEMPTION TO THE FORMAL BIDDING PROCESS DUE

TO A BONA FIDE EMERGENCY, AWARDING AN

EMERGENCY CONSTRUCTION CONTRACT TO
SANCON TECHNOLOGIES INC. FOR THE

INSTALLATION OF A CURED-IN-PLACE PIPE (CIPP)
LINER IN AN AMOUNT NOT TO EXCEED $247,008; AND

FINDING THE PROJECT STATUTORILY EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) UNDER SECTION 15269(B) OF THE CEQA
GUIDELINES (14 CCR 15269(B)) FOR EMERGENCY

REPAIRS
WHEREAS, the City owns and operates a wastewater collection system consisting of 180 miles of sewer lines and 12 pump stations; and
WHEREAS, a portion of the City’s Beach Trunk Line south of Mariposa Beach Access is damaged and in need of replacement as shown in a video taken by the OCTA’s prime contractor Condon Johnson, currently constructing improvements to Area Three (catchment wall and beach trail) within OCTA’s right-of-way; and WHEREAS, approximately 165 feet of 21-inch wastewater collection Beach Trunk Line requires immediate action to prevent a sewer spill; and WHEREAS, OCTA and Condon Johnson possess the necessary railroad permits to quickly install, manage a temporary sewer bypass for the installation of a cured-in-place pipe (CIPP) and minimize delays, which is in the best interest of the public and the City; and WHEREAS, the City obtained a quote from Sancon Technologies, Inc. who possesses the ability to quickly install the CIPP liner for the repair and minimize delays, which is in the best interest of the public and the City; and WHEREAS, on December 9, 2025, the City Council adopted Resolution No. 25-205, determining that replacement of the City’s Beach Trunk Sewer Line was exempt from the California Environmental Quality Act (CEQA), approved a supplemental appropriation in the amount of $1.6 million to fund the project, approved an exemption to the formal bidding process due to a bona fide emergency, authorized the City Manager to negotiate, finalize and execute an emergency agreement to reimburse OCTA for Condon Johnson to the pipeline replacement and directed the City Manager to report the final agreement back to 360
Resolution No. 26-32 Page 2
the City Council; and
WHEREAS, following City Council direction, OCTA, CJA, and City staff further evaluated the costs and options to replace the sewer line, install a new force main from the Linda Lane Pump Station around the failed section, or install a liner and determined that to minimize project delays and provide a cost-effective solution, lining approximately 165 feet of sewer liner is the best option; and
WHEREAS, OCTA and the City intend that OCTA will install and manage a temporary sewer bypass while the City installs a lining for approximately 165 feet of 21-inch sewer line within OCTA’s right-of-way; and
WHEREAS, approval of emergency contracts and purchases is authorized when there is a need to protect public health and safety per the City’s Procurement Policy and Procedure Section XI.A.1.1 and per Section 3.40.070 of the City of San Clemente Municipal Code.

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 fully incorporated herein as findings; and
SECTION 2. That based upon substantial evidence in the record as a whole the project is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15269(b) of the CEQA Guidelines (14 CCR 15269(b)) for emergency repairs; and
SECTION 3. That an emergency exists due to the potential failure of an existing 21- inch Beach Trunk Sewer Line and that the situation requires immediate action to prevent or mitigate impairment to property and public services that might otherwise occur if the City were required to incur delays attributed to the typical engineering analysis and formal bidding processes. The City Council hereby approves an exemption to the formal bidding process due to a bona fide emergency; and
SECTION 4. The City Manager is hereby authorized and directed to negotiate and execute a letter agreement to reimburse OCTA to manage and install a temporary sewer bypass, in an amount estimated at $690,911; and
SECTION 5. The City Manager is hereby authorized and directed to negotiate and execute a Cooperative Agreement with OCTA with key terms similar to those the letter agreement and in a form approved by the City Attorney; and SECTION 6. That an emergency Construction Contract Agreement for the Beach Trunk Sewer Line Repair, CIP Project No. 26213, is hereby awarded to Sancon Technologies, Inc.; and
SECTION 7. That the City Manager is authorized and directed to execute a construction contract for the Beach Trunk Sewer Line Repair, CIP Project No. 26213, with 361
Resolution No. 26-32 Page 3
Sancon Technologies, Inc., in an amount not to exceed $247,008; and SECTION 8. The City Manager is hereby authorized and directed to execute such other documents and take such other and further actions as are necessary and proper to accomplish the project and fulfill the purposes of this resolution; and SECTION 9. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions; and PASSED AND ADOPTED this _____ day of February, 2026.

ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, Mayor of the City of San Clemente, California San Clemente, California
362
Resolution No. 26-32 Page 4

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. 26-32 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of February, 2026, 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
363
4901-0799-7071 v1
[DATE]
Andy Hall
City Manager
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
SUBJECT: LETTER OF AGREEMENT – SAN CLEMENTE SEWER BYPASS Dear Mr. Hall:

This letter shall constitute an interim Agreement by and between the Orange County Transportation Authority (Authority) and the City of San Clemente (City) prior to the execution of a Cooperative Agreement for the purpose of establishing a mutual agreement of the roles and responsibilities of the agencies related to the bypass of a sewer line within the limits of Authority’s project.

Authority agrees to the following provisions:

1. The City’s sewer line is within the Authority’s project for the design and construction of Area 3 of the Coastal Rail Stabilization Priority Projects (Project). Authority agrees to the following work related to the sewer line (the WORK):
a. In an effort to protect the sewer line due to additional loads from any construction equipment while constructing the Project, Authority will manage and install a temporary sewer bypass while the City is installing a sewer lining for a length of approximately 165-feet south of Mariposa Trail Crossing as further described in the scope of work attached hereto as Exhibit A and fully incorporated herein by this reference.

2. Authority’s Contractor, Condon-Johnson & Associates, Inc. (Contractor) under a contract change order will complete the WORK.

City agrees to the following provisions:

1. To reimburse Authority for all costs related to WORK performed by Authority’s Contractor, estimated at $690,911.

2. City acknowledges that while the WORK will endeavor to stabilize the sewer line on a temporary basis, stabilization may not be successful in the short- or long term due to the sewer line’s existing condition.

Attachment 2
364
[DATE]

4901-0799-7071 v1

TERM OF AGREEMENT
This Letter Agreement shall commence upon execution by both parties and shall expire upon execution of Cooperative Agreement No. CXXXXXX unless earlier terminated or extended as provided in this Letter Agreement. The term may be extended by mutual agreement of the parties.

INDEMNIFICATION
To the fullest extent permitted by law, City shall defend (at City’s sole cost and expense with legal counsel reasonably acceptable to Authority), indemnify, protect, and hold harmless Authority, its officers, directors, employees, and agents (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (City’s employees included), for damage to property, including property owned by AUTHORITY, or from any violation of any federal, state, or local law or ordinance, by the negligent acts, omissions or willful misconduct of City, its officers, directors, employees or agents in connection with or arising out of the City’s installation of the liner.

TERMINATION
In the event City defaults in the performance of their obligations under this Letter Agreement or breaches any of the provisions of this Agreement, Authority shall have the option to terminate this Letter Agreement upon thirty (30) days' prior written notice to City.

DISPUTES
This Letter Agreement shall be construed and all disputes hereunder shall be settled in accordance with the laws of the State of California. Pending final resolution of a dispute hereunder, City shall proceed diligently with the performance of this Letter Agreement and in accordance with Authority’s instructions.

NOTICES
Any notices, requests, or demands made between the City and Authority pursuant to this Letter Agreement are to be directed as follows:
365
[DATE]

4901-0799-7071 v1
To CITY: To AUTHORITY:

City of San Clemente
910 Calle Negocio
San Clemente
CA 92673
ATTENTION: Andy Hall, City
Manager
Phone: (949) 361-8341
Email: [email protected]
Cc: David Rebensdorf
Public Works Director / City Engineer
Phone: 949 361-6130
Email: RebensdorfD@sanclemente.org
Orange County Transportation
Authority
550 South Main Street
P.O. Box 14184
Orange, CA 92863-1584
ATTENTION: Megan Bornman,
Principal Contract Administrator
Phone: 714-560-5064
Email: [email protected]
Cc: Jason Lee, Program Manager
Phone: 714-560-5833
Email: [email protected]
IN WITNESS WHEREOF, the parties hereto have caused this Letter Agreement to be executed as of the date of the last signature below.

CITY OF SAN CLEMENTE ORANGE COUNTY TRANSPORTATION

AUTHORITY
By ______________________________ By ______________________________ Darrell E. Johnson
Chief Executive Officer
Andy Hall
City Manager
APPROVED AS TO FORM:

By ______________________________
Elizabeth A. Mitchell
City Attorney
APPROVED AS TO FORM:

By ______________________________
James Donich
General Counsel
366
[DATE]

4901-0799-7071 v1
APPROVED:

By ______________________________
James G. Beil, P.E.

Capital Programs, Executive Director
367
[DATE]

4901-0799-7071 v1
EXHIBIT "A"

SCOPE OF SERVICES
Authority shall perform the following for the City (collectively, the “WORK”) to the City’s satisfaction:

The “WORK”

1. Pothole existing utilities for the buried section of the sewer bypass.

2. Provide Sewer bypass and testing, including all necessary materials to complete the bypass, and 24/7 pump watch.

3. Support install (by others) of CIPP liner from SMH5 to SMH7 with 24/7 pump watch – 2 to 3 days.

4. Remove the sewer bypass and restore access to the project site.

5. Provide railroad flagging as needed to complete the “WORK.” 368
(, :(:7:g6QJ,(:779gN J @ @ N T €2 a C T O R 8 A N D E! N 01 N El a R I CA Contractor License #300068
DIR #1000004443
condon-joh nson.com
February 11, 2026
(Via E-mail Only - 2 pages)
CJA-25069-SL-Oal4r3
Orange County Transportation Authority
550 South Main Street
Orange, CA 92868
Attn: Jason Lee
Jleel @octa.net
RE: Costal Rail Stabilization Priority Projects
Request for Change Order to Refine Sewer Pipe
Revision 3
Jason,
Condon-Johnson & Assoc., Inc. (CJA) offers to setup, test, and operate a sewer bypass for Sancon, who will be working directly for the City of San Clemente, to install a CIPP liner between manholes 5 and 7. CJA is providing this proposal based on the documents provided and discussions with all parties involved on this project.

PRICING
Item Description UOM Quantity Unit Price ' Extension
1 BONDS LS I 13,290 13,290
2 RR AND BR INSURANCE LS 1 30,530 30,530
3 PROJECT MANAGEMENT LS 1 101,885 101,885
4 PROJECT SCHEDULES LS I 3,905 3,905
5 SAFETY REQUIREMENTS LS 1 100,820 100,820
6 SITE SECURITY LS 1 ll ,005 11,005
7 QUALITY CONTROL LS 1 11,715 11,715
8 INSPECTION AND TESTING LS 1 66,740 66,740
9 CONSTRUCTION FACILITIES LS I 8,165 8,165
10 TEMPORARY BARRICADES LS I 12,957 12,957
11 SWPP LS 1 12,936 12,936
12 WASTE MANAGEMENT LS 1 1,863 1,863
13 POTHOLING LS 1 9,000 9,000
14 SEWER BYPASS LS I 250,600 250,600
15 CIPP LINER SUPPORT LS 1 55,500 55,500
Total $ 690,911
The scope of work includes:
17 working day, 21 calendar day delay to the project.

Pothole existing utilities for buried sections of bypass-1 day.

Sewer Bypass setup and testing - 7 days.

Support install (by others) of CIPP liner from SMH 5 to SMH 7 with 24n pump watch - 2 to 3 days.

Remove sewer bypass and restore access - 3 days.

DEEP FOUNDATIONS - EARTH RETENTION aROUND IMfROVEMENT EXCAVATION DEWATERINa Kent WA ii Portland OR Bozeman MT ii Denver CO * Oakland CA ii Antioch CA Los Angeles CA Laguna Hills CA ii Ontario CA ii San Diego CA Attachment 3
369
Condon-Johnson & Assoc., Inc.

Area 3 - Pedestrian Trail and Catchment Wall
SL-014r3
February 'l i2026

Exclusions:

Permits, dewatering permit and any costs for dewatering.

Any reclaimed water work.

Any utility relocations.

Handling and disposal of contaminated and/or hazardous soils/ materials.

Manhole replacement or any work on manholes.

Any risk for condition of existing pipe.

Odor control monitoring or mitigation.

Sound barriers (pumps will run 24/7).

Vactor truck standby for bypass.

Bypassing or working over holidays.

Work over holidays
If you have any questions or require additional information, feel free to contact me at (858) 722-8822 or [email protected].

Sincerely,
Condon-BJ !rrOug c.

Regional VP
370
To: City Of San Clemente Contact: Shawn Ryan
Project Name: CA - San Clemente - Area 3 Sewer Rehab Bid Number: 2616629 Email: [email protected]
Address: San Clemente, CA Phone:

Project Location: Bid Date: 12/10/2025
Item # Item Description Estimated Quantity Unit Unit Price Total Price 1 Install Approx. 150 LF Of 21" CIPP (Includes RR 1.00 LS $198,798.00 $198,798.00 Training For Full Crew)
Add Adder For Thicker 13.5mm Liner 1.00 LS $18,210.00 $18,210.00 Add #2 Railroad Administrative Services (NTE) 1.00 LS $30,000.00 $30,000.00 Total Bid Price: $247,008.00
Notes:
• Our proposal includes:
· Confined Space Entry Procedures & Equipment
· Prevailing wage / certified payroll if required, In-Place insurance coverage · High velocity cleaning of pipeline prior to lining 2 -3 passes (See Below) · Pre-video of pipeline just prior to lining to confirm and document immediate acceptability for lining. · Install 21" Sancon Polyester CIPP liner at 13.5mmthickness · Final video inspection to confirm successful CIPP liner installation .
• Assumptions / Notes:
· If liner is wetout per agreed schedule and is not installed within 5 days, Costs for liner will be borne by customer. · Sancon will not be signatory to any PLA, Normal working hours M – F 7 AM to 5PM · CIPP material leadtime is approximately 10 business days from order. · City to provide a mobile water meter or similar source for our work · City to provide all bypass related to CIPP, including any laterals, and manhole drop connections (NOTE: Suction or Discharge Manholes for Bypass cannot be shared for CIPP, City to ensure bypass pumps, pipes or plugs are not in the way of Sancon work)
· CIty to provide and install all necessary private property and landscape protection for our work · City to coordinate safe and legal drive-up access to all manholes US and DS required for our work · Due to pipe material, material changes and multiple angles: fins, wrinkles and other anomalies will be present in final cured liner.
· Proposal is subject to mutually acceptable contract language and must be incorporated in any subsequent contract/purchase order .
• This proposal excludes:
· BMP's, Survey and Staking, Preparing As-builts
· Removal of mineral or other hard deposits, (Pipe will be swept for loose debris prior to CIPP with 2-3 passes of a normal jetter nozzle, any build up will be lined over to prevent further damage or infiltration into the pipe and shall be deemed acceptable by the City) · Replacement of any manhole frame and covers
· TC Plans, permits or drawings or traffic control exceeding cones and signs · Excavation type point repairs of any kind, if required, including pit construction / restoration. · Restorations or, re-vegetation
· Environmental testing or Controls
.
• Stand by rate / additional work not listed above @ $350.00 / man hour. Price is based on two mobilizations. Additional Mobilizations billed at:
$29,400.00 each. Sancon shall not be responsible for liquidated damages or penalty due to delay by others. Bond, if required, would add 1.5% to total bid price. Price is based on retention being withheld a maximum of 90 days after completion of our work. Price is firm for a period of thirty days from receipt. Payment terms net 30 days or per contract.

Attachment 4
371
ACCEPTED:

The above prices, specifications and conditions are satisfactory and are hereby accepted.

Buyer:

Signature:

Date of Acceptance:

CONFIRMED:

Sancon Technologies A Vortex Company
Authorized Signature:

Estimator: Dan Chronister
(949) 556-0319 [email protected]

372
55452.01510\32977834.2
Attachment 5

CITY OF SAN CLEMENTE

CONSTRUCTION CONTRACT
BEACH TRUNK SEWER LINE REPAIR, PN 26213

1. PARTIES AND DATE.

This Contract is made and entered into this ____ day of _______, 2026 by and between the City of San Clemente, a public agency of the State of California (“City”) and SANCON TECHNOLOGIES, INC., a California corporation with its principal place of business at 5841 ENGINEER DR, HUNTINGTON BEACH, CA 92649 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing CIPP LINER INSTALLATION related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: CALIFORNIA CONTRACTOR LICENSE “A”

2.3 Project. City desires to engage Contractor to render such services for the BEACH TRUNK SEWER LINE REPAIR, PN 26213 (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
 Services/Schedule (Exhibit “A”)
 Plans and Specifications (Exhibit “B”)
 Special Conditions (Exhibit “C”)
 Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”)  Public Works Contractor Registration Certification (Exhibit “E”)  Payment and Performance Bonds (Exhibit “F”)
 Federal Requirements (Exhibit “G”)
 Insurance Requirements (Exhibit “H)
 Addenda
 Change Orders executed by the City
373
55452.01510\32977834.2
2  2024 Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-8
 Notice Inviting Bids, if any
 Instructions to Bidders, if any
 Contractor’s Bid

3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.

3.2.2 Substitutions/“Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article.

The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to 374
55452.01510\32977834.2
3 substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.3 Period of Performance.

3.3.1 Contract Time. Contractor shall perform and complete all Work under this Contract within THIRTY (30) WORKING DAYS days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.2 Force Majeure. Neither City nor Contractor shall be considered in default of this Contract for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Contract, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; pandemics or epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. Should such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Contract. Contractor’s exclusive remedy in the event of delay covered under this section shall be a non-compensable extension of the Contract Time.

3.3.3 Liquidated Damages. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of ONE THOUSAND DOLLARS ($1,000) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling 375
55452.01510\32977834.2
4 necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the belowreferenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, which includes everything that is reasonably foreseeable related thereto, City agrees to pay Contractor the Total Contract Price of TWO-HUNDRED FORTY-SEVEN THOUSAND AND EIGHT DOLLARS ($247,008.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and 376
55452.01510\32977834.2
5 form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.

3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, 377
55452.01510\32977834.2
6 hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.7.9 Prevailing Wages. 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. 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 is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract upon request. 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 Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.7.10 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what 378
55452.01510\32977834.2
7 respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.7.13 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work 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.

3.7.14 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City.

Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. 379
55452.01510\32977834.2
8 3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.8.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.8.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this 380
55452.01510\32977834.2
9 Agreement. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.8.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s business license fee, if any. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or 381
55452.01510\32977834.2
10 trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.10 Claims; Government Code Claim Compliance.
382
55452.01510\32977834.2
11 3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:

3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit
383
55452.01510\32977834.2
12 3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format

3.10.3.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.

3.10.3.8 Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.

3.10.4 City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.

3.10.4.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.10.4.2 Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.

3.10.4.3 City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.10.5 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion 384
55452.01510\32977834.2
13 of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3.10.6.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

3.10.7 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:

3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 385
55452.01510\32977834.2
14 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.

3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.17.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.12 Indemnification.

3.12.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend (with counsel reasonably approved by City), indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil 386
55452.01510\32977834.2
15 Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

3.12.2 Additional Indemnity Obligations. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.13 Insurance. Contractor agrees to procure and maintain, at Contractor’s expense all insurance specified in Exhibit “H” attached hereto and by this reference incorporated herein.

Contractor shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City.

3.14 Bond Requirements.

3.14.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.
387
55452.01510\32977834.2
16 3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.15.1 Warranty Bonds. At the time of completion of the project and prior to acceptance, a warranty bond in the amount of 25% of the contract price shall be required for a period of one (1) year after City recordation of Notice of Completion.

3.16 Employee/Labor Certifications.

3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he 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 Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.
388
55452.01510\32977834.2
17 3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.16.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.

3.17 General Provisions.

3.17.1 City’s Representative. The City hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.17.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. 389
55452.01510\32977834.2
18 3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.17.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:

SANCON TECHNOLOGIES, INC.

ATTN: CHARLES B PARSONS
CITY:

City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: LAURA CAMPAGNOLO, CITY CLERK / SHAWN RYAN,

DEPUTY PUBLIC WORKS DIRECTOR
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.17.7 Time of Essence. Time is of the essence in the performance of this Contract.

3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.17.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 390
55452.01510\32977834.2
19 3.17.10 Laws, Venue, and Attorneys’ Fees. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Orange, State of California.

3.17.11 Counterparts/Electronic Signature. This Contract may be executed in counterparts, each of which shall constitute an original. This Contract may be executed electronically with the same force and effect as an original ink signature. Bonds, if required, must be signed with original ink signatures and accompanied by notary acknowledgments.

3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.17.13 [Reserved]

3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Contract, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.17.16 Certification of License.

3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

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

Box 26000, Sacramento, California 95826.
391
55452.01510\32977834.2
20 3.17.17 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.17.18 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.17.19 Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.17.20 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects.

3.17.21 Federal Provisions. NOT USED
392
55452.01510\32977834.2
21 [SIGNATURES ON NEXT PAGE]
393
55452.01510\32977834.2
22 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

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

SANCON TECHNOLOGIES, INC.,
a California corporation
(“CONTRACTOR”)

By:_____________________________
CHUCK B. PARSONS (CEO/CFO)
Dated: _________________________

By:_____________________________
GARY E. DREW (SECRETARY)
Dated: _________________________
394
55452.01510\32977834.2
23 EXHIBIT “A”

SERVICES / SCHEDULE

ITEM UOM UNIT COST EXTENDED COST
INSTALL APPROXIMATELY 150
LF OF 21” CIPP (INCLUDES

RAILROAD TRAINING FOR FULL
CREW)
1 LS $198,798

13.5mm LINER MATERIAL (FOR

ADDED THICKNESS)
1 LS 18,210

RAILROAD ADMINISTRATIVE

SERVICES
1 LS 30,000
TOTAL $247,008
395
55452.01510\32977834.2
- 24 -
EXHIBIT “B”

PLANS AND SPECIFICATIONS
(NOT USED)
396
55452.01510\32977834.2
- 25 -
EXHIBIT “C”

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract.

Failure to do so may, in the sole discretion of City, result in the forfeiture of Contractor’s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.
397
55452.01510\32977834.2
- 26 -
EXHIBIT “D”

WORKERS 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. 398
55452.01510\32977834.2
- 27 -
Dated: _______________________________
________________________________
Consultant
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
399
55452.01510\32977834.2
- 28 -
EXHIBIT “E”

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:

DIR Registration Number:

DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
 Contractor shall maintain a current DIR registration for the duration of the project.  Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.  Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor
Signature
Name and Title
Dated

1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”
400
55452.01510\32977834.2
- 29 -
EXHIBIT “F”

PAYMENT AND PERFORMANCE BONDS
401
55452.01510\32977834.2
- 30 -

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of San Clemente (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

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

NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

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

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
402
55452.01510\32977834.2
- 31 -
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

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

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

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
403
55452.01510\32977834.2
- 32 -
(Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
404
55452.01510\32977834.2
- 33 -
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
405
55452.01510\32977834.2
- 34 -

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of San Clemente (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.

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

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or 406
55452.01510\32977834.2
- 35 -
subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
407
55452.01510\32977834.2
- 36 -
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
408
55452.01510\32977834.2
- 37 -
EXHIBIT “G”

FEDERAL REQUIREMENTS

NOT USED
409
55452.01510\32977834.2
- 38 -
EXHIBIT “H”

INSURANCE REQUIREMENTS

3.13 Insurance.

3.13.1 Time for Compliance. Contractor shall not commence work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract as required in section 1.1.12 of this agreement.

3.13.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Contract for work to be performed hereunder, and without limiting the indemnity provisions of the Contract, the Contractor, in partial performance of its obligations under such Contract, shall procure and maintain in full force and effect during the term of the Contract the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, and shall be no 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 limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Contract.
(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 shall be in an amount of not less than $1,000,000 combined limit for each occurrence. (1) a Personal Automobile Liability policy for the Contractor's own vehicle stipulating "Automobile Liability Insurance with a limit of not less than $1,000,000 each accident"; and (2) a non-owned auto endorsement to the Commercial General Liability policy if Contractor uses vehicles of others (e.g., vehicles of employees).
(C) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
(D) Builder's Risk Insurance [“All Risk”]:
(E) Contractors Pollution Liability: Contractors Pollution Liability Insurance covering all of the Contractor's operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with limits not less than $2,000,000 per loss and $4,000,000 total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another. If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Contract 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 Contract. 410
55452.01510\32977834.2
- 39 -

3.13.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability
(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 Contract.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the terms of purposes of this Contract.

For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 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. (C) Workers' Compensation:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents and volunteers.
(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.

3.13.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability, Automobile Liability insurance (if required) 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.

3.13.5 Waiver of Subrogation. All policies of Commercial General Liability, Automobile Liability insurance (if required) shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
411
55452.01510\32977834.2
- 40 -

3.13.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention in excess of $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.

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

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

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

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

3.13.11 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.

3.13.12 Insurance for Subcontractors. Contractor shall include all Subcontractors as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing Subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents and volunteers as additional insureds to the Subcontractor's policies. All policies of Commercial General Liability insurance provided by Subcontractors 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. Contractor shall not allow any Subcontractor to commence work until it has 412
55452.01510\32977834.2
- 41 -
received satisfactory evidence of Subcontractor’s compliance with all insurance requirements under this Contract, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City. 413
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: February 17, 2026 Agenda Item: 11G.

Submitted By: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks & Recreation Director Subject:
..titl e

CONSIDERATION OF A FEE WAIVER REQUEST FOR SAN CLEMENTE HIGH SCHOOL

SWIM TEAM SPRING PRACTICE AT THE SAN CLEMENTE AQUATIC
..body CENTER
Fiscal Impact:

Approval of the fee waiver will result in a $5,908 reduction in rental revenues in the Aquatics program for Fiscal Year FY 2025-26. No additional staffing or operational costs are anticipated, as the use will occur during existing operating hours.

Summary:

San Clemente High School (SCHS) has requested the use of the San Clemente Aquatic Center for its swim team’s spring practice sessions due to limited availability and deteriorating conditions at the high school pool. Staff has met with high school administration to review scheduling, operational impacts, and facility needs. A one-time fee waiver in the amount of $5,908 is intended to support a local public school athletic program.

Background:

The San Clemente High School swim team conducts seasonal practices to prepare student athletes for competition. The SCHS pool is currently in poor condition and experiences heavy daily use, significantly limiting its ability to support extended spring practice sessions. Historically, the high school has had access to the San Clemente Aquatic Center during non-peak use hours as a solution to offset these limitations. Staff met with SCHS representatives to review proposed practice dates, times, and potential impacts to existing public programming.

The request includes scheduled swim team practices occurring at various times between March and May, coordinated to minimize conflicts with existing Aquatic Center programs. Staff has confirmed that the requested use can be accommodated without displacing core public swim hours or contractual programs.

Policy Consideration
Approval of the requested fee waiver must be consistent with City Council Policy No. 702-9 (Aquatics Partnership Policy), which supports youth and school-based aquatic programs when operationally feasible, and Policy No. 201-15 (Cost Recovery Policy), which allows fee relief when a clear public benefit exists. The request supports a local public high school athletic program, is temporary and limited in scope, and does not displace core public programming. While the City Manager may approve fee waivers up to $600, the total requested waiver of this permitted use requires City Council approval.
414
Meeting Date: February 17, 2026 Agenda Item: 11G.

CITY OF SAN CLEMENTE 2
Council Options:
 Adopt Resolution No 26-33 approving a fee waiver for the use of the San Clemente Aquatic Center by the San Clemente High School swim team for spring practice sessions.  Modify the resolution and adopt as amended.
 Provide alternate direction.
 Take no action.

Environmental Review/Analysis:

A fee waiver is not a project under the California Environmental Quality Act (CEQA).

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends the City Council adopt Resolution No. 26-33, approving a fee waiver in the amount of $5,908 for the use of the San Clemente Aquatic Center by the San Clemente High School swim team for spring practice sessions occurring between March and May 2026, subject to coordination with existing programming and facility availability. ..end
Attachment:

1. Resolution No. 26-33
Notification:

San Clemente High School
415
Attachment 1
RESOLUTION NO. 26-33

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, APPROVING A FEE WAIVER FOR USE OF

THE SAN CLEMENTE AQUATIC CENTER BY SAN

CLEMENTE HIGH SCHOOL FOR SPRING SWIM TEAM

PRACTICES
WHEREAS, San Clemente High School has requested temporary use of the San Clemente Aquatic Center for swim team practices between March and May 2026 due to limited availability and condition issues at the high school pool; and WHEREAS, City staff has reviewed the request and determined the use can be accommodated without displacing core public programming; and WHEREAS, the estimated value of the requested facility use fees is $5,608.00, which exceeds the City Manager’s fee waiver authority and therefore requires City Council approval; and
WHEREAS, the request consistent with City Council Policy No. 702-9 (Aquatics Partnership Policy) and Policy No. 201-15 (Cost Recovery Policy) and is in the best interests of the City and the community.

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

SECTION 1. The above recitals are true and correct and incorporated fully herein as findings.

SECTION 2. The City Council hereby approves a one-time fee waiver in the amount of $5,608.00 for use of the San Clemente Aquatic Center by the San Clemente High School swim team for spring practice sessions occurring between March and May 2026, subject to coordination with City staff and facility availability.

SECTION 3. This approval is limited to the dates and times reviewed by staff and does not establish a precedent for future fee waivers.

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

PASSED AND ADOPTED this _____ day of ____________________, _______. 416
Resolution No. 26-33 Page 2
ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, Mayor of the City of San Clemente, California 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. 26-33 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
417
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: February 17, 2026 Agenda Item: 11H.

Submitted By: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks & Recreation Director Subject:
..titl e

CONSIDERATION OF A FEE WAIVER REQUEST FOR CHRIST LUTHERAN CHURCH “BEACH CHURCH” SUNDAY SERVICES AT NORTH BEACH FOR CALENDAR YEAR 2026 ..body Fiscal Impact:

Approval of the request would reduce potential site use fee revenue by approximately $10,008 plus the potential late filing fees of $350. The applicant would be assessed a one-time $466 application fee and $94 per week in amplified sound (live music) permit fees (totaling $4,418).

Summary:

Christ Lutheran Church requests a one-time partial fee waiver for its weekly Sunday “Beach Church” services at North Beach for the 2026 calendar year. The waiver is limited to site use fees and late-filing fees only and based on financial hardship associated with the City’s updated fee schedule effective January 1, 2026. The applicant will continue to pay the one-time application fee and weekly amplified sound permit fees, which align with historical permit costs prior to the fee update.

Consistent with the City’s Cost of Services Recovery Policy, staff finds that the request is narrowly tailored, time-limited, and maintains partial cost recovery while providing a reasonable transition period for the applicant to plan for future years. The applicant has a documented history of compliance and full payment of fees, and the waiver is based on hardship and facility use considerations, applied in a neutral and non-preferential manner, and does not establish a precedent.

Background:

Christ Lutheran Church has conducted weekly Sunday “Beach Church” services at North Beach for several years. This activity has previously received City Council authorization allowing weekly use of the beach, including an exemption from the Municipal Code special event limitations applicable to recurring events. Historically, the Church has paid all required permit fees in full and has remained in good standing with the City.

Effective January 1, 2026, the Beaches, Parks & Recreation Department implemented an updated fee schedule consistent with the City’s Cost of Services Recovery Policy. As a result of this update, the total annual permit cost for the 2026 calendar year is $14,892, consisting of a one-time $466 application fee, a $94 weekly amplified sound permit fee, and weekly site use fees.
418
Meeting Date: February 17, 2026 Agenda Item: 11H.

CITY OF SAN CLEMENTE 2
Christ Lutheran Church has requested a one-time fee waiver for calendar year 2026 (excluding the months of January and February) for the site use fee component citing financial hardship associated with the updated fee schedule. The Church has committed to pay both the one-time application fee and the weekly amplified sound permit fees. Payment of these fees would align closely with the historical cost of the permit prior to the 2026 fee schedule update. The Church has further indicated that it intends to plan and budget for the full cost of the permit in future years.

Approval of this partial fee waiver is limited to the 2026 calendar year and is based on the specific facts and circumstances presented. This action shall not be construed as establishing a precedent for future fee waiver requests or as a modification of the City’s adopted fee schedules or Cost of Services Recovery Policy.

Council Options:
 Adopt Resolution No 26-34 approving a partial fee waiver for Christ Lutheran Church’s 2026 “Beach Church” services at North Beach, limited to site use fees only.  Modify the resolution and adopt as amended.
 Provide alternate direction.
 Take no action and deny the request of the applicant for a fee waiver.

Environmental Review/Analysis:

The requested action is not a project under the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends the City Council adopt Resolution No. 26-34, which would approve a partial fee waiver for Christ Lutheran Church’s 2026 “Beach Church” services at North Beach, limited to site use and late filing fees only in the amount of $10,358, based on financial hardship and consistency with the City’s Cost of Services Recovery Policy. ..end
Attachment:

1. Resolution No. 26-34
Notification:

Christ Lutheran Church
419
Attachment 1
RESOLUTION NO. 26-34

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING A PARTIAL
FEE WAIVER FOR CHRIST LUTHERAN CHURCH’S “BEACH
CHURCH” SUNDAY SERVICES AT NORTH BEACH FOR
CALENDAR YEAR 2026
WHEREAS, Christ Lutheran Church has conducted weekly Sunday “Beach Church” services at North Beach for several years pursuant to City-issued permits and prior City Council authorization allowing recurring weekly use of the beach; and WHEREAS, Christ Lutheran Church has historically paid all required permit fees in full and has remained in good standing with the City; and WHEREAS, effective January 1, 2026, the City’s Beaches, Parks & Recreation Department implemented an updated fee schedule consistent with the City’s Cost of Services Recovery Policy, increasing the total permit cost for the 2026 calendar year to $14,892; and
WHEREAS, Christ Lutheran Church has requested a one-time partial fee waiver for calendar year 2026, limited to the site use fee and late filing fee components only in the amount of $10,358, citing financial hardship associated with the updated fee schedule, while affirming its ability to pay the one-time application fee and weekly amplified sound permit fees; and
WHEREAS, the City Council finds that payment of the application fee and amplified sound permit fees aligns with the historical cost of the permit prior to the 2026 fee schedule update and allows the applicant time to plan and budget for future years; and WHEREAS, the City’s Cost of Services Recovery Policy authorizes the City Council to approve partial fee waivers when recovery of the full cost would result in financial hardship and when such action is consistent with City objectives, public benefit, and equitable access to City facilities and is in the best interests of the City and the community.

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

SECTION 1. The above recitals are true and correct and incorporated fully herein as findings.

SECTION 2. Approval of Partial Fee Waiver. The City Council hereby approves a partial fee waiver for Christ Lutheran Church’s weekly Sunday “Beach Church” services at North Beach for the 2026 calendar year, limited solely to the site use fee and late filing fee components of the permit in the amount of $10,358.

SECTION 3. Fees Not Waived. Christ Lutheran Church shall remain responsible for payment of the one-time application fee and weekly amplified sound permit fees in 420
Resolution No. 26-34 Page 2
accordance with the City’s adopted fee schedule.

SECTION 4. Non-Precedent. This approval is based on the specific facts and circumstances presented and shall not be construed as establishing a precedent for future fee waiver requests or as a modification of the City’s adopted fee schedules or Cost of Services Recovery Policy.

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

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, Mayor of the City of San Clemente, California San Clemente, California
421
Resolution No. 26-34 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. 26-34 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
422