Agenda packet, regular meeting — San Clemente City Council, May 19, 2026 (part 5 of 6)

For Office Use Only
-FILEDFile No.: BA20252132193
Date Filed: 10/30/2025
Attachment 8
1283
Type of Business
Type of Business CONSTRUCTION
Email Notifications
Opt-in Email Notifications Yes, I opt-in to receive entity notifications via email.

Labor Judgment
No Officer or Director of this Corporation has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage order or provision of the Labor Code.

Electronic Signature
By signing, I affirm that the information herein is true and correct and that I am authorized by California law to sign.

Hazem Almassry
Signature
10/30/2025
Date
B4131-8610 10/30/2025 1:20 PM Received by California Secretary of State

Page 2 of 2 ends

1284
Attachment 9
1285
1286
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: May 19, 2026 Agenda Item: (1)
1287

CITY OF SAN CLEMENTE
Friday, May 1, 2026
City Council
Adjourned Regular Meeting Minutes
Bella Collina
200 Avenida La Pata
San Clemente, California
www.sanclemente.gov
1:00 p.m. - State of the City
Mayor Loeffler
Mayor Pro Tem Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember Wu
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.

An Adjourned Regular Meeting of the San Clemente City Council was called to order by Mayor Loeffler on May 1, 2026 at 1:00 p.m. at Bella Collina, 200 Avenida La Pata, San Clemente.

PRESENT: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler STAFF PRESENT: Andy Hall, City Manager; Assistant City Manager, Brian Brower; Laura Campagnolo, City Clerk; Megan Jimenez,
Deputy City Clerk; Samantha Wylie, Beaches, Parks and
Recreation Director; David Rebensdorf, Public Works
Director; Adam Atamian, Community Development Director; Rod Mellot, Marine Safety Chief; Maile Stivers, Public
Information Officer

ADJOURNED REGULAR MEETING
The Adjourned Regular meeting was called to order at 1:00 p.m. with all City Councilmembers present.

1. State of the City Presentation
Mayor Loeffler displayed a video including the City Council that outlined various City initiatives and projects within the City.

Mayor Loeffler gave an update concerning various City initiatives.

2. Oral Communications
None.

3. Adjournment
Mayor Loeffler adjourned the meeting at 1:16 p.m. to the Regular City Council meeting of May 5, 2026. Closed Session will begin at 5:00 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.

Page 1 of 2 ends

1288
City Council Adjourned Regular Meeting Minutes May 1, 2026 __________________________ ____________________________ CITY CLERK of the City of Rick Loeffler, Mayor of the City of San Clemente, California San Clemente, California

Page 2 of 2 ends

1289
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: May 19, 2026 Agenda Item: (2)
1290
910 Calle Negocio
2nd Floor
San Clemente, California
www.sanclemente.gov
Council Chambers

CITY OF SAN CLEMENTE
Tuesday, May 5, 2026
City Council
Special and Regular Meeting Minutes
5:00 p.m. Closed Session (Special Meeting)
5:30 p.m. Regular Business Meeting
Mayor Loeffler
Mayor Pro Tem Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember Wu
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.

A Special and Regular Meeting of the San Clemente City Council was called to order by Mayor Loeffler on May 5, 2026 at 5:00 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler STAFF PRESENT: Andy Hall, City Manager; Elizabeth Mitchell, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk

CLOSED SESSION
Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to recess to Closed Session at 5:00 p.m. to discuss the following:

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code section 54956.9(a)&(d)(2)
Number of Cases: 1
AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
Closed Session concluded at 5:30 p.m.

BUSINESS MEETING
The Regular Business meeting reconvened at 5:31 p.m. with all City Councilmembers present.

INVOCATION
Doug Roland, Student Ministries Director, The Shoreline Church, gave the invocation.

Page 1 of 19 ends

1291
City Council Special and Regular Meeting Minutes May 5, 2026

PLEDGE OF ALLEGIANCE
Jim Kimpton led the Pledge of Allegiance.

1. Special Presentations
A. Friends of San Clemente Beaches, Parks and Recreation Presentation of Donation
Dan Feinberg, Friends of San Clemente Beaches, Parks, and Recreation Foundation, spoke on the Friends of San Clemente computer literacy program.

Michael Greenwald, with the Friends of San Clemente Beaches, Parks, and Recreation Foundation presented a donation to the City in the amount of $69,595.

2. Council Member Reports
Councilmember Cabral:
· Attended the Kiwanis Club meeting on April 22, 2026.
· Toured the Prima Deschecha Landfill on April 23, 2026. · Attended an Orange County Fire Authority Board meeting on April 30, 2026. · Attended the Arbor Day Tree Planting on April 25, 2026. · Attended the San Clemente High School production of “Grease” on April 25, 2026.
· Attended the grand opening of Zov’s Restaurant.
· Met with constituents on April 27 and 28, 2026.
· Met with City Staff on April 28, 2026 concerning the Prima Deschecha landfill expansion.
· Attended the San Clemente Chamber of Commerce Community Affairs meeting on April 29, 2026.
· Attended the Prima Deschecha Landfill Town Hall meeting on April 30, 2026. (Requested the Voice of OC article concerning the landfill be placed on the City’s website).
· Attended the State of the City luncheon on May 1, 2026. · Attended the Max Berg Plaza Park Cinco De Mayo celebration on May 2, 2026.
· Attended the Crystal Apple Awards Ceremony on May 3, 2026. · Attended the Los Angeles Angels game on May 4, 2026 with other elected officials.
· Displayed photographs of reported activities. A hard copy of the photographs are on file with the City Clerk.

Councilmember Wu:
· Attended an Association of California Cities Orange County (ACC-OC) webinar concerning wildfire and emergency communications with University of California, Irvine on April 30, 2026.
· Attended the State of the City luncheon on May 1, 2026.

Page 2 of 19 ends

1292
City Council Special and Regular Meeting Minutes May 5, 2026 Councilmember Enmeier:
· Attended the Cal Cities -City Leaders Summit in Sacramento on April 22 - 24, 2026.
· Attended the town hall meeting concerning the United States Customs and Border Protection maritime surveillance camera installation on April 29, 2026. · Attended the Prima Deschecha Town Hall Meeting on April 30, 2026. · Attended the State of the City luncheon on May 1, 2026. · Attended the Crystal Apple Awards Ceremony on May 3, 2026.

Mayor Pro Tem Knoblock:
· Attended the San Clemente Chamber of Commerce Community Affairs meeting concerning the parklets on Avenida Del Mar on April 29, 2026. · Attended the Zov’s Restaurant soft opening.
· Attended the California Joint Powers Insurance Authority (CJPIA) Elected Officials Summit on April 29-May 1, 2026
· Displayed a video concerning a boat that landed at Poche Beach in San Clemente in reference to trafficking.

Mayor Loeffler:
· Presented a Proclamation to United Parcel Service (UPS) Driver Frank Restrepo in recognition of his 40 years of service on April 22, 2026. · Attended an Orange County Transportation Authority (OCTA) meeting for Mayors and City Managers on April 27, 2026.
· Met with representative for water conservation and soil replenishment on April 28, 2026.
· Attended the town hall meeting concerning the United States Customs and Border Protection maritime surveillance camera installation on April 29, 2026. · Attended the San Clemente Chamber of Commerce Community Affairs meeting on April 29, 2026.
· Attended a meeting with FLOCK Camera representatives on April 29, 2026. · Attended the Prima Deschecha Landfill Town Hall meeting on April 30, 2026. · Attended the State of the City Luncheon on May 1, 2026. · Attended the Max Berg Plaza Park Cinco De Mayo celebration on May 2, 2026.
· Attended the North Beach Community meeting on May 2, 2026. · Attended the Crystal Apple Awards ceremony on May 3, 2026. · Attended a briefing with the City Manager and City Attorney on May 4, 2026. · Received a Planning Department Update on May 4, 2026.

3. Oral Communications (Part 1)
Tandi LeFranc and Tiffany Gregath, Orange County United Way, provided an update on 211 OC and successful tax preparation for low income individuals.

Amanda Quintanilla opined on the speaker card protocol; spoke on Congressman Levin's comments concerning the United States Customs and Border Protection maritime surveillance camera in the City.

Page 3 of 19 ends

1293
City Council Special and Regular Meeting Minutes May 5, 2026 Larry Culbertson spoke in support of the placement of the United States Customs and Border Protection maritime surveillance camera in the City.

Mike Wechsberg, San Clemente, spoke on the United States Customs and Border Protection maritime surveillance camera in the City.

Maryann Tucker, San Clemente, urged the City Council to take action to require the transition to all electric landscape equipment.

Lois McNicoll narrated a video concerning voter integrity.

Mike Kay spoke on the town hall meeting concerning the United States Customs and Border Protection maritime surveillance camera in the City.

4. Motion waiving reading in full of all Resolutions and Ordinances Motion by Mayor Pro Tem Knoblock, second by Councilmember Cabral, 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:

No reportable action concerning:

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code section 54956.9(a)&(d)(2)
Number of Cases: 1

7. Staff Communications
A. Prima Deschecha Landfill Update
City Manager Hall narrated a PowerPoint presentation entitled "Prima Deschecha Landfill History, Operations, SEIR, and Proposed Expansion", and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Amanda Quintanilla narrated a PowerPoint presentation entitled "The Prima Deshecha Landfill". A hard copy of the presentation is on file with the City Clerk.

Page 4 of 19 ends

1294
City Council Special and Regular Meeting Minutes May 5, 2026 B. Fourth of July Update
Beaches, Parks and Recreation Director Wylie provided an update on the City's Fourth of July weekend events and responded to City Council inquiries.

8. Public Hearings
8A. PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE 2026-2027

ANNUAL ACTION PLAN FOR EXPENDITURES OF COMMUNITY

DEVELOPMENT BLOCK GRANT FUNDS AND RELATED ACTIONS
Mayor Loeffler opened the public hearing.

Community Development Director Atamian and Management Analyst Flores reviewed the contents of the Administrative Report and responded to City Council inquiries.

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. 26-81, which will:

1. Approve the Fiscal Year 2026-2027 Annual Action Plan.

2. Authorize the City Manager to submit the Annual Action Plan to the U.S.

Department of Housing and Urban Development, and execute the contract and related agreements, forms, and certifications.

3. Accept grant revenues of $294,485 from the U.S. Department of Housing and Urban Development to Fund 017 - CDBG Grants Fund.

4. Authorize a related budget appropriation of $294,485 to the CDBG fund for the amounts in the Fiscal Year 2026-2027 Annual Action Plan.

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

Page 5 of 19 ends

1295
City Council Special and Regular Meeting Minutes May 5, 2026 8B. PUBLIC HEARING TO CONSIDER THE INTRODUCTION (FIRST READING) OF ORDINANCE NO. 1808 TO AMEND VARIOUS PORTIONS OF SAN
CLEMENTE MUNICIPAL CODE TITLE 17 - ZONING ORDINANCE, FOR

CLARITY AND CONSISTENCY, AND FINDING THE ORDINANCE EXEMPT

FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Mayor Loeffler opened the public hearing.

Acting City Planner Rehm and Community Development Director Atamian reviewed the contents of the Administrative Report and responded to City Council inquiries.

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 introduce, and conduct a first reading of Ordinance No. 1808 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING ZONING AMENDMENT 26-062 AMENDING TITLE 17 - ZONING OF THE SAN CLEMENTE MUNICIPAL CODE FOR CLARITY AND CONSISTENCY; AND FINDING THIS ACTION EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTIONS 15378(B)(2) AND 15378(B)(5).

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

9. Unfinished Business
9A. CITY COUNCIL ACTION UNDER ELECTIONS CODE SECTION 9215 IN

CONNECTION WITH THE CERTIFICATION OF A PETITION RELATED TO A SALES TAX MEASURE AND RELATED ACTIONS; AND REVIEW OF A

REPORT INDICATING ELIGIBILITY FOR SUBMISSION OF ARGUMENTS

AND REBUTTALS
City Clerk Campagnolo reviewed the contents of the Administrative Report and responded to City Council inquiries.

Amanda Quintanilla narrated a PowerPoint presentation entitled "No Tax". A hard copy of the presentation is on file with the City Clerk.

Motion by Mayor Pro Tem Knoblock, second by Councilmember Wu, CARRIED 5-0, to adopt Resolution No. 26-65 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ACCEPTING

THE CERTIFICATION OF THE CITY CLERK/ELECTIONS OFFICIAL AND

THE ORANGE COUNTY REGISTRAR OF VOTERS AS TO THE
SUFFICIENCY OF THE INITIATIVE PETITION ENTITLED “AN INITIATIVE

Page 6 of 19 ends

1296
City Council Special and Regular Meeting Minutes May 5, 2026

OF THE PEOPLE OF THE CITY OF SAN CLEMENTE TO ADOPT A SALES TAX INCREASE OF ONE PERCENT (1%) TO PROTECT AGAINST THE NATURAL HAZARDS OF BEACH EROSION AND FIRES”.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
Motion by Councilmember Wu, second by Councilmember Enmeier, CARRIED 5-0, to adopt Resolution No. 26-66 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ORDERING

THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A CERTAIN MEASURE ENTITLED “AN INITIATIVE OF THE PEOPLE OF THE

CITY OF SAN CLEMENTE TO ADOPT A SALES TAX INCREASE OF ONE PERCENT (1%) TO PROTECT AGAINST THE NATURAL HAZARDS OF
BEACH EROSION AND FIRES” AT THE GENERAL MUNICIPAL ELECTION

TO BE CONSOLIDATED WITH THE STATEWIDE ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026, AND DIRECTING THE PREPARATION OF AN IMPARTIAL ANALYSIS.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
Motion by Mayor Loeffler, second by Councilmember Enmeier, CARRIED 5-0, to adopt Resolution No. 26-67 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING CITY

COUNCILMEMBERS TO SUBMIT AN ARGUMENT ON A MEASURE
ENTITLED “AN INITIATIVE OF THE PEOPLE OF THE CITY OF SAN CLEMENTE TO ADOPT A SALES TAX INCREASE OF ONE PERCENT (1%)

TO PROTECT AGAINST THE NATURAL HAZARDS OF BEACH EROSION AND FIRES” AT THE GENERAL MUNICIPAL ELECTION TO BE

CONSOLIDATED WITH THE STATEWIDE ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 3, 2026, AND PROVIDING FOR REBUTTAL
ARGUMENTS, with the language inserted in section 2 to read as follows:

Zhen Wu (as an individual Councilmember; not representing the City Council as a body).

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

Page 7 of 19 ends

1297
City Council Special and Regular Meeting Minutes May 5, 2026 9B. CONSIDERATION OF INTRODUCING AN ORDINANCE RELATED TO MAYOR

TERM LIMITS AND ADOPTING RELATED POLICY REVISIONS
City Clerk Campagnolo reviewed the contents of the Administrative Report and responded to City Council inquiries.

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

1. Direct staff to return with an ordinance to establish Mayoral term limits. The Mayor, a member of the City Council, shall be elected at-large by the people of San Clemente and shall serve a term of two years. As a member of the City Council, the Mayor shall also be subject to the term limit set forth by the electorate. For both the Mayor and City Councilmembers, no person shall be eligible to serve in the office(s) of Mayor and/or a City Council Member for more than eight consecutive years, with the Mayor serving no more than two consecutive two-year Mayoral terms. After the Mayor serves two two-year terms for a total of four years, they could then hold a City Council seat for a full four-year term before being required to take off two years from elected office in San Clemente.

2. Modify Policy 1201-11 section 4.7.1 to read as follows: The City Manager and Mayor in conference shall be responsible for determining items to appear on City Council meeting agendas. The Mayor shall place all proclamations and ceremonial items on the agenda and the City Manager shall place all operational and business related items on the agenda. The Mayor is eligible to place additional items on the agenda in the manner identified in Section 4.7.4 below.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
Meeting Recessed
The meeting recessed at 7:15 p.m. and reconvened at 7:20 p.m. with all City Councilmembers present.

Page 8 of 19 ends

1298
City Council Special and Regular Meeting Minutes May 5, 2026

10. New Business
10A. INFORMATIONAL REPORT AND CONSIDERATION OF A RESOLUTION

CONCERNING A REQUEST FOR THE CITY TO FORGIVE LOANS AND
DEEDS OF TRUST FOR PROPERTIES LOCATED 133 & 135 W. CANADA AND 143 W. MARQUITA, OWNED AND OPERATED BY MARY ERICKSON

COMMUNITY HOUSING
Councilmember Wu disclosed a conversation with Susan McDevitt, Mary Erickson Community Housing Executive Director.

Councilmember Enmeier disclosed a conversation with Susan McDevitt, Mary Erickson Community Housing Executive Director.

Councilmember Cabral disclosed conversations concerning Mary Erickson Community Housing.

Community Development Director Atamian and Management Analyst Flores reviewed the contents of the Administrative Report and responded to City Council inquiries.

Susan McDevitt, Mary Erickson Community Housing Executive Director, requested a continuance on this item; suggested that an alternative to repayment would be to reduce the affordability from 60% to 50% area median income for the next eight years.

Amanda Quintanilla narrated a PowerPoint presentation entitled "No loan forgiveness". A hard copy of the presentation is on file with the City Clerk.

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

1. Adopt Resolution No. 26-82, which would deny the request for forgiveness of the outstanding deferred-payment loans secured by Deeds of Trust associated with the properties located at 133 & 135 W. Canada and 143 W. Marquita, and direct the borrower to satisfy the outstanding loan obligations in accordance with the terms of the loan agreements. If the City had to foreclose on these Deeds of Trust, interest and attorney fees would be available under the terms of the loan agreements.

2. Direct the City Attorney to send a demand letter on behalf of the City to Mary Erickson Community Housing to request repayment of the loan.

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

Page 9 of 19 ends

1299
City Council Special and Regular Meeting Minutes May 5, 2026 10B. COMPLIANCE WITH SENATE BILL 707
City Clerk Campagnolo reviewed the contents of the Administrative Report and responded to City Council inquiry.

Amanda Quintanilla expressed concerns regarding the proposed policy.

Motion by Councilmember Enmeier, second by Councilmember Wu, CARRIED 5-0, to Adopt Policy 1201-15 effective July 1, 2026 in order to comply with SB 707.

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

11. Consent Calendar
The City Council removed item 11E from the Consent Calendar for discussion.

A. City Council Minutes
Motion by Mayor Pro Tem Knoblock, second by Councilmember Enmeier, CARRIED 5-0, to:
(1) APPROVE THE SPECIAL AND REGULAR CITY COUNCIL MEETING MINUTES OF APRIL 21, 2026.

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

Page 10 of 19 ends

1300
City Council Special and Regular Meeting Minutes May 5, 2026 B. Commission/Committee Minutes
Motion by Mayor Pro Tem Knoblock, second by Councilmember Enmeier, CARRIED 5-0, to receive and file the following:
(1) INVESTMENT ADVISORY COMMITTEE REGULAR MEETING MINUTES OF JANUARY 26, 2026.
(2) ARTS & CULTURE COMMITTEE REGULAR MEETING MINUTES OF JANUARY 26, 2026.
(3) INVESTMENT ADVISORY COMMITTEE SPECIAL MEETING MINUTES OF MARCH 9, 2026.
(4) INVESTMENT ADVISORY COMMITTEE ADJOURNED SPECIAL MEETING MINUTES OF MARCH 30, 2026.
(5) ZONING ADMINISTRATOR ADJOURNED MEETING MINUTES OF APRIL 21, 2026.
(6) PLANNING COMMISSION REGULAR MEETING MINUTES OF APRIL 22, 2026.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
C. Warrant Register
Motion by Mayor Pro Tem Knoblock, second by Councilmember Enmeier, CARRIED 5-0, to:
(1) APPROVE WIRE TRANSFER NOS.
3417 THROUGH 3422 AND WARRANT NOS.
611021 THROUGH 611118, PAID ON
4-17-26, IN THE AMOUNT OF $1,700,099.83
(2) APPROVE WARRANT NOS.
611119 THROUGH 611246, PAID ON
4-24-26, IN THE AMOUNT OF $1,802,244.64
(3) APPROVE HANDWRITE NOS. 611403,
WIRE TRANSFER NOS. 3423 THROUGH
3431 AND WARRANT NOS. 611247
THROUGH 611402, PAID ON 5-1-26,
IN THE AMOUNT OF $1,629,630.75
TOTAL WARRANT REGISTER $5,131,975.22
AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None

Page 11 of 19 ends

1301
City Council Special and Regular Meeting Minutes May 5, 2026 Payroll Register
Motion by Mayor Pro Tem Knoblock, second by Councilmember Enmeier, CARRIED 5-0, to:

APPROVE WARRANT NO. 1004,
AUTOMATIC DEPOSIT ADVISES 111267
THROUGH 111605, FOR THE PERIOD
3-30-26 THROUGH 4-12-26, PAID
ON 4-17-26, IN THE AMOUNT OF $558,910.33
APPROVE WARRANT NOS. 1005
THROUGH 1006, AND AUTOMATIC
DEPOSIT ADVISES 111606 THROUGH
111953, FOR THE PERIOD 4-13-26
THROUGH 4-26-26, PAID ON 5-1-26,
IN THE AMOUNT OF $556,458.32
TOTAL PAYROLL REGISTER $1,115,368.65
AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
11D. ADOPT ORDINANCE NO. 1801 (SECOND READING) ADDING SECTION

12.28.025 TO THE SAN CLEMENTE MUNICIPAL CODE RELATING TO

MUNICIPAL GOLF COURSE TEE TIME RESERVATIONS
Motion by Mayor Pro Tem Knoblock, second by Councilmember Enmeier, CARRIED 5-0, to adopt Ordinance No. 1801 entitled AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
ADDING SECTION 12.28.025 TO THE SAN CLEMENTE MUNICIPAL CODE RELATING TO MUNICIPAL GOLF COURSE TEE TIME RESERVATIONS.

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

Page 12 of 19 ends

1302
City Council Special and Regular Meeting Minutes May 5, 2026 11F. ADOPT ORDINANCE NO. 1805 (SECOND READING) APPROVING ZONING AMENDMENT (ZA) 26-066, TO AMEND SAN CLEMENTE MUNICIPAL CODE SECTION 16.50.010 RELATING TO URBAN LOT SPLITS, AND SECTION

17.86.010 RELATING TO TWO-UNIT PROJECTS, CONSISTENT WITH

HOUSING ELEMENT COMMITMENT AND STATE LAW, AND FINDING THE

PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion by Mayor Pro Tem Knoblock, second by Councilmember Enmeier, CARRIED 5-0, to adopt Ordinance No. 1805 entitled AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
APPROVING ZONING AMENDMENT (ZA) 26-066, TO AMEND SAN
CLEMENTE MUNICIPAL CODE SECTION 16.50.010 RELATING TO URBAN LOT SPLITS, AND SECTION 17.86.010 RELATING TO TWO-UNIT

PROJECTS, CONSISTENT WITH HOUSING ELEMENT COMMITMENT AND STATE LAW; AND FINDING THIS ACTION EXEMPT FROM CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC
RESOURCES CODE § 21083.3 AND CEQA GUIDELINES §§ 15183 and 15061(b)(3).

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
11G. ADOPT ORDINANCE NO. 1806 (SECOND READING) TO MODIFY AND

STANDARDIZE THE PARKING TIME LIMITS ON PORTIONS OF AVENIDA

DEL MAR, NORTH & SOUTH EL CAMINO REAL, NORTH & SOUTH OLA

VISTA, AND THE CITY OWNED PARKING LOT LOCATED AT THE SAN

CLEMENTE LIBRARY/COMMUNITY CENTER, WITH AMENDMENTS TO
SECTION 28 OF THE CITY'S TRAFFIC REGULATIONS, AND FINDING THE

ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion by Mayor Pro Tem Knoblock, second by Councilmember Enmeier, CARRIED 5-0, to adopt Ordinance No. 1806 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE AMENDING SECTION 28

OF THE CODIFICATION OF THE TRAFFIC REGULATIONS OF SAN

CLEMENTE, CALIFORNIA TO REPEAL AND REPLACE CERTAIN TIME

LIMITATIONS FOR PARKING ON PORTIONS OF AVENIDA DEL MAR,

NORTH & SOUTH EL CAMINO REAL, NORTH & SOUTH OLA VISTA, AND

THE CITY OWNED PARKING LOT AT THE SAN CLEMENTE LIBRARY/

COMMUNITY CENTER, AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR SECTION 15301) OF THE STATE CEQA GUIDELINES.

AYE:

NOE:

Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
None

Page 13 of 19 ends

1303
City Council Special and Regular Meeting Minutes May 5, 2026 11H. CONTRACT AWARD - AQUATIC CENTER PUMP ROOM IMPROVEMENTS

AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion by Mayor Pro Tem Knoblock, second by Councilmember Enmeier, CARRIED 5-0, to Adopt Resolution No. 26-83, which will:

1. Award a Professional Consultant Services Agreement to Rogers Stringer & McClelland, Inc. in an amount not to exceed $112,000, for Aquatic Center Pump Room Improvements, CIP Project No. 12807.

2. Approve, and authorize the City Manager to execute, Contract No. C26-35, by and between the City of San Clemente and Rogers Stringer & McClelland, Inc., providing for the Aquatic Center Pump Room Improvements, in an amount not to exceed $112,000, in a form substantially similar to Contract No. C26-35 (Attachment 2).

3. Find the Aquatic Center Pump Room Improvements categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction, 14 CCR section 15302) of the State CEQA Guidelines.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
11I. CONSIDERATION OF RESOLUTION NO. 26-84 AUTHORIZING A

SUPPLEMENTAL APPROPRIATION, ACCEPTANCE OF FUNDS FOR

LIBRARY EXTERIOR REPAINTING PROJECT AND FINDING THE PROJECT

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion by Mayor Pro Tem Knoblock, second by Councilmember Enmeier, CARRIED 5-0, to Adopt Resolution No. 26-83, which will:

Adopt Resolution No. 26-84, which will:

1. Find the project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1 - Existing Facilities) of the state CEQA Guidelines.

2. Approve a supplemental appropriation in the amount not to exceed $56,865 to Account No. 001-622-43410-000-000000 (Maintenance of Buildings).

3. Accept revenue in the amount of $56,865 to Account No. 001-000-36855 from the County of Orange.

4. Authorize staff to proceed with the bidding and implementation of the library

Page 14 of 19 ends

1304
City Council Special and Regular Meeting Minutes May 5, 2026 exterior repainting project.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
11J. CONSIDERATION OF A RESOLUTION TO APPROVE AN AFFORDABLE HOUSING AGREEMENT WITH SAN CLEMENTE PETROLEUM, INC.

INCLUDING AN ANNUAL MONITORING FEE, FOR THE RENTAL OF A

SINGLE HOUSING UNIT WITHIN A MIXED-USE DEVELOPMENT PROJECT

PREVIOUSLY APPROVED PURSUANT TO STATE DENSITY BONUS LAW, WITHIN THE HOUSING OVERLAY, ON A SITE LOCATED AT 1430 S. EL CAMINO REAL; AND FINDING THE PROJECT EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15378
Motion by Mayor Pro Tem Knoblock, second by Councilmember Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 26-85, which will:

1. Determine the agreement exempt from the California Environmental Quality Act (CEQA), and direct staff to file a notice of exemption.

2. Approve the Affordable Housing Agreement with San Clemente Petroleum, Inc. included as Exhibit A in the Administrative Report dated May 5, 2026.

3. Approve, and authorize the City Manager to execute, Contract No. C26-36, Affordable Housing Agreement, by and between the City of San Clemente and San Clemente Petroleum, Inc., for a property located at 1430 S. El Camino Real.

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

Page 15 of 19 ends

1305
City Council Special and Regular Meeting Minutes May 5, 2026 11K. CONSIDERATION OF A RESOLUTION ACCEPTING ADDITIONAL FUNDING

FROM AND APPROVING A COOPERATIVE AGREEMENT WITH OCTA FOR PHASE 2 OF THE OFFSHORE SAND SOURCE INVESTIGATION, AMENDING THE CONTRACT WITH COASTAL FRONTIERS FOR ADDITIONAL PHASE 2

FIELDWORK, AUTHORIZING THE CITY MANAGER TO EXECUTE RELATED

AGREEMENTS, MAKING RELATED SUPPLEMENTAL APPROPRIATIONS

AND FINDING THE ACTIONS EXEMPT FROM THE CALIFORNIA

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

Adopt Resolution No. 26-86, which will:

1. Determine that the actions are categorically exempt from the California Environmental Quality Act (CEQA) under Class 6, Section 15306 of the state CEQA Guidelines (14 CCR 15306 - Information Collection).

2. Approve, and authorize the City Manager to execute, Contract No. C26-37, Cooperative Agreement, by and between the City of San Clemente and the Orange County Transportation Authority (OCTA), to accept $120,000 to help fund a portion of the Phase 2 of the Offshore Sand Source Investigation project (Attachment 1).

3. Accept revenues contributed by OCTA in the amount of $120,000 to Account No. 001-000-33490.

4. Authorize a supplemental appropriation of $120,000 to Account No. 001- 433-43695.

5. Amend the contract with Coastal Frontiers to increase their contract budget by $120,000 bringing the not to exceed amount to $569,000 to complete the fieldwork portion of the Offshore Sand Source Investigation study.

6. Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. C26-24, by and between the City of San Clemente and Coastal Frontiers, providing for additional funding for the Phase 2 Offshore Sand Source study, in an amount not to exceed $569,000.

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

Page 16 of 19 ends

1306
City Council Special and Regular Meeting Minutes May 5, 2026 11L. FISCAL YEAR 2025-26 SECOND AND THIRD QUARTER FINANCIAL

REPORTS
Motion by Mayor Pro Tem Knoblock, second by Councilmember Enmeier, CARRIED 5-0, to receive and file the FY2025-26 Second and Third Quarter Financial Reports as presented on May 5, 2026.

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

ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION
11E. ADOPT ORDINANCE NO. 1804 (SECOND READING) CONTINUING OF THE

TEMPORARY PARKLET PROGRAM AND AN AMENDMENT OF THE

PARKLET DESIGN STANDARDS AND TO CONSIDER THE PROJECT

CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Amanda Quintanilla expressed concerns regarding ADA compliance as it relates to placement of the parklets on the street.

Mikii Rathmann, San Clemente, requested clarity concerning design standards and compliance; suggested that the City establish construction/deconstruction guidelines.

Tyler Boden spoke in the proposed modifications to the current parklets; expressed the importance of working directly with the businesses to address concerns.

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

1. Adopt Ordinance No. 1804 entitled AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION 17.28.206 OF THE SAN CLEMENTE MUNICIPAL CODE,

REGULATING TEMPORARY PARKLET DINING, WHICH ESTABLISHES

STANDARDS FOR OUTDOOR DINING AREAS AND SUNSETS ON
JANUARY 1, 2029; AND FINDING THIS ACTION EXEMPT FROM

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTIONS 15311 AND 15321.

2. Direct staff to meet (within 60 days) with the parklet operator, adjoining businesses and property owner to work towards drafting an agreement that will satisfy and accommodate the parklet operator’s interests, adjoining business owner’s interests and property owner’s interests as well as the City of San Clemente’s interests concerning location and features of a parklet within the established design standards.

Page 17 of 19 ends

1307
City Council Special and Regular Meeting Minutes May 5, 2026 AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None

12. Oral Communications (Part 2)
Tony Rubolino commented on the town hall meeting concerning the Customs and Border Protection maritime surveillance camera installation on April 29, 2026; spoke on the supreme court decision as it relates to City Council districts.

13. Future Agenda Items
Cal Cities Proposed Legislative Action
Councilmember Enmeier, with the support of Mayor Loeffler, agendized consideration of Cal Cities proposed legislative action concerning state bills to be placed on the Consent Calendar.

14. Reports
A. City Attorney
None.

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

Trauma Intervention Programs, Inc. providing for professional emotional and practical support services in the amount of $8,835.

15. Adjournment
Motion by Mayor Loeffler, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to adjourn at 8:36 p.m. The next Regular Meeting will be held on May 19, 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

Page 18 of 19 ends

1308
City Council Special and Regular Meeting Minutes May 5, 2026 _______________________________
Rick Loeffler, Mayor of the City of
San Clemente, California
_______________________________
CITY CLERK of the City of
San Clemente, California

Page 19 of 19 ends

1309
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: May 19, 2026 Agenda Item: (1)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
ZONING ADMINISTRATOR ADJOURNED MEETING MINUTES OF APRIL 21, 2026 ..body Summary:

Background:

Discussion:

Considerations Identified by Staff:

Council Options:

Environmental Review/Analysis:

Fiscal Impact:

Recommended Action(s):
..recommendation
..end
Attachment:

Notification:
1310

CITY OF SAN CLEMENTE

MINUTES OF THE ADJOURNED MEETING

OF THE ZONING ADMINISTRATOR
April 21, 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 Adjourned Meeting of the City of San Clemente Zoning Administrator to order on April 21, 2026 at 3:30 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
Zach Rehm, Acting City Planner
Brendan Hanley, Planning Technician

2. MINUTES
A. Minutes from the Zoning Administrator Regular Meeting of April 9, 2026.

ZA Atamian received and filed the minutes for the regular meeting of April 9, 2026.

3. ORAL AND WRITTEN COMMUNICATION
None.

4. PUBLIC HEARING
A. Public Hearing Project (PHP) 26-159, Temporary Use Permit (TUP) 26- 136, Circus Vargas 2026, 101 W Avenida Vista Hermosa
A public hearing to request the Zoning Administrator to approve Temporary Use Permit (TUP) 25-085 to operate a circus event at the Outlets at San Clemente from May 8-11, 2026 and May 13-18, 2026. Setup for the event, including temporary circus structures, is from May 5-7, 2026, and breakdown is on May 19, 2026.

The Zoning Administrator 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 §15311 (Class 11: Accessory Structures).

Planning Technician Hanley summarized the staff report that highlighted the following:

DRAFT
1311
Minutes of the Zoning Administrator Adjourned Meeting April 21, 2026 Page 2 • Site has been used for similar events in the past.
• Estimated Attendance: 300-500 people per show.
• No games of chance, mechanical rides, performing animals, pyrotechnics, alcohol, or outside vendors.
• Site plan includes: Entrance tent, ticket booths, restrooms, management and parking.
• Security: 8-member crew.
• Waste management: 25-member crew.
• Amplified sound limited to inside the tent.
• Lighting limited to the boundaries of the parcel.

Priscilla Iverson attended on behalf of the applicant.

ZA Atamian opened the public hearing and asked the applicant if they would like to make a presentation. Priscilla Iverson affirmed agreement with the staff presentation on behalf of the applicant.

ZA Atamian stated he reviewed the staff report and is familiar with the project. Technician Hanley advised that the event is similar to last year, but the dates are slightly different.

ZA Atamian advised the applicant that there has been an issue with noise and lighting from this parcel reaching residences across from the freeway.

He emphasized the importance of noise mitigation procedures and containing light within the property bouindaries.

There being no further questions of staff or the applicant, ZA Atamian closed the public hearing.

ZA Atamian determined the project Categorically Exempt from CEQA pursuant to State CEQA Guidelines §15301 (Class 1: Existing Facilities) and §15311 (Class 11: Accessory Structures).

Action: The Zoning Administrator adopted Resolution ZA26-007 approving Temporary Use Permit 26-136, Circus Vargas at San Clemente Outlets 2026, 101 Avenida Vista Hermosa, with the following modifications to the Conditions of Approval:
• Modify Condition 7.19 to read: “…this applicant shall limit exterior noise to 65 decibels at the edge of the property on which the event is located, specifically the property line North of the tent location” • Modify Condition 7.20: “String lighting is not permitted pursuant to this event.”
• Add Condition 7.25: “No signage is approved as a part of this permit. Any signage permitted in separate applications shall not be visible from the freeway.”

5. NEW BUSINESS
None.

DRAFT
1312
Minutes of the Zoning Administrator Adjourned Meeting April 21, 2026 Page 3

6. OLD BUSINESS
None.

7. ADJOURNMENT
The meeting adjourned at 3:45 p.m. to a Regular Meeting of the Zoning Administrator, which will be held Thursday, May 21, 2026 at 3:00 p.m. at Community Development Department, City Hall, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,

SAN CLEMENTE ZONING ADMINISTRATOR
_____________________________________
Adam Atamian, Zoning Administrator
DRAFT
1313
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: May 19, 2026 Agenda Item: (1)
..ag endizedby
..end
Subject:
..titl e
Approve Handwrite No.
611404, paid on May 1, 2026,
in the amount of $320.00
1314

CITY OF SAN CLEMENTE

CERTIFICATION OF WARRANTS

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 $320.00
DATED ON 05/01/2026

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
1315
apChkLst
05/01/2026 3:30:37PM
Final Check List

SAN CLEMENTE
Page: 1
Bank : city BMO
Check #
611404
Date Vendor
5/1/2026 038534 PAULSON, JEFFREY
Invoice
PP#09
Inv Date Description Amount Paid
4/26/2026 HOURS NOT INCLUDED IN PF 320.00
Sub total for BMO:

Check Total
320.00
320.00
Page: 1
1316
apChkLst
05/01/2026 3:30:37PM
I checks in this report.

Final Check List

SAN CLEMENTE
Page: 2
Grand Total All Checks: 320.00
Page:2
1317
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: May 19, 2026 Agenda Item: (2)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer No.
3432 and Warrant Nos.
611405 through 611566, paid on
5-8-26, in the amount of $3,480,684.94
TOTAL WARRANT REGISTER $3,481,004.94 ..end
1318

CITY OF SAN CLEMENTE

CERTIFICATION OF WARRANTS

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 $3,480,684.94
DATED ON 05/08/2026

CITY MANAGER MAYOR
ATTEST:

CITY CLERK

I HEREBY CERTIFY TO THE ACCURACY OF THE FOREGOING

DEMANDS AND THAT FUNDS ARE AVAILABLE FOR PAYMENT
THEREOF:
"l)'j

PAID BY WARRANTS SIGNED BY LEGALLY

DESIGNATED PERSONS IN ACCORDANCE

WITH THE STATE OF CALIFORNIA
GOVERNMENT CODE, SECTION-41003

FINANCE MANAGER CITY TREASURER
1319
apChkLst
05/06/2026 I :52:32PM
Final Check List

SAN CLEMENTE
Page: I
Bank : city BMO
Check #
3432
6 405
6 406
6 407
6 408
6 409
640
641
642
643
644
645
646
647
648
649
6 420
6 421
6 422
Date
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
Vendor
038397
016621
035116
038513
038525
019075
002603
025910
027571
003729
038527
000184
037745
016000
035274
038403
014004
036797
000809
611423
611424
5/8/2026 014672
5/8/2026 033621
611425
611426
5/8/2026 000399
5/8/2026 022636
611427
611428
611429
5/8/2026 009040
5/8/2026 002399
5/8/2026 024486
Invoice
BMO BANK NA 042126
41MPRlNT INC 31373828
ACCESS CONTROLSECL 0074592
AIMAN, GABRIELLE H ST137898
ALL SWELL SURF LLC BL-0323591
AMERICAN EXPRESS 042926
ANIMAL PEST MGMT SEF 715668
ARCADIAN BANK 523
ASSOC OF ENVIRONMETh 24408
AVENIDA ANIMAL HOSPn BL-0027066
AVILAS MEXICAN GRILLI BL-0029099
AWARDS N MORE 7057
BAEZ, ADAM 42426
BOUND TREE MEDICAL L86180228
BRADLEY, HUNTER 42426
BRADLEY, TYLER C 4726
BROWN, THOMAS "CORI 041626
BUSTAMANTE, YVONNE 042726
CALBO 1000470
1000437
1000414
CAPISTRANO CRANE SE 20995
CAPO BEACH EQUIPMEh 1-4087
1-4088
CAPPO INC FY26
CARE AMBULANCE SER\i 26-001793
26-001790
26-001791
26-001792
CDW GOVERNMENT INC A19A12F
CERTIFIED AUTOMOTIVE BL-0008708
CERTIFIED WELDING BL-0028894
Inv Date Descriotion
4/21/2026 AB1234TRAININGSUPPLIES
4/22/2026 ACCOUNT #4860021
4/21/2026 PRIVATE PARKING ENFORCE
1/22/2026 CITATION REFUND
12/16/2025 REFUND BUSINESS LICENSE
4/29/2026 LOAD #004489, A/C 3785-978:
4/30/2026 APM - LNDSCP RODENT CTFI
4 /27/2026 CDBG HOUSING REHAB FUN
5/1/2026 AEP MEMBERSHIP 4/30/26-4/
12/16/2025 REFUND BUSINESS LICENSE
2/19/2026 REFUND BUSINESS LICENSE
4/16/2026 ADULT LEAGUES CHAMPION
4/24/2026 SOFTBALL OFFICIAL PAYMEr
4/22/2026 MEDICALSUPPLIESACCT#2
4/24/2026 FLAG FOOTBALL OFFICIAL 4,
4/28/2026 FOOTBALL OFFICIAL PAYMEI
4/16/2026 REIMB. FOR MANHOLE INSP
4/27/2026 INSTRUCTOR PAYMENT
4/28/2026 0N-DEMAND TRAINING - A. A
4/28/2026 0N-DEMAND TRAINING - R. F
4/21/2026 0N-DEMANDTRAINING-D.Th
4/15/2026 CRANE RENTAL
4/1/2026 GOLF MAINT. TOOLS
4/1/2026 GOLF MAINT. TOOLS
12/9/2025 MEMBERSHIP RENEWAL-M.
4/28/2026 CONTRACT AMBULANCE SEI
4/28/2026 CONTRACT AMBULANCE SEI
4/28/2026 CONTRACT AMBULANCE SEI
4/28/2026 CONTRACT AMBULANCE SEI
4/16/2026 ACCOUNT#32345i2
12/16/2025 REFUND BUSINESS LICENSE
12/16/2025 REFUND BUSINESS LICENSE
Amount Paid
11,245.24
375.89
1 ,504.00

43.00 17.80
597.34
2 ,904.40
600.00
275.00

56.00 250.00
3 65.81
160.00
101.65
120.00
120.00
684.20
1 ,846.60

95.00 95.00

90.00 450.00
2 03.62

17.93 290.00
3 6,187.90
36,187.90
36, 187.90
36, 187.90
333.41

18.40 i5.40
Check Total
11,245.24
375.89
1 ,504.00

43.00 17.80
597.34
2 ,904.40
600.00
275.00

56.00 250.00
3 65.81
160.00
101.65
120.00
120.00
684.20
1 ,846.60
280.00
450.00
221 .55
290.00
144,751 .60
333.41

18.40 15.40
Page: 1
1320
apChkLst
05/06/2026 1:52:32PM
Final Check List

SAN CLEMENTE
Page: 2
Bank : city BMO
Check #
611430
611431
611432
611433
611 434
611435
611436
611437
611438
611439
611440
611441
611442
611443
Date Vendor
5/8/2026 019519
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
022669
037721
017294
003559
008921
5/8/2026 026046
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
038506
038504
022974
038524
001394
001086
5/8/2026 037818
(Continued)

CINTAS CORPORATION

CO OF ORANGE SHERIFI

COAST STEEL & FABRIC/

COASTAL ANIMAL SERVI(

COASTLINE AUTOMOTIVI

COLTS LANDSCAPE INC

COMMERCIAL CONTRAC

COMPASS PROPERTY M(

CONDOR SQUADRON

CONNORS, JODY

COOK PGA GOLF SHOPI

COUNTY OF ORANGE

CREEK, ANDERSEN
Invoice
9366568082
9366715059
936887 4034
5329817604
SH74118
BL-0313440
MAY26
BL-0015986
BL-0305360
2729
2730
2731
2732
2733
2685
BL-0324816
BL-0305831
1273
BL-0317269
050426
PW260618
STTMOO37 46
STTMOO3667
42426
Inv Date Description
4/2/2026 STAFF APPAREL
4/4/2026 STAFF APPAREL
4/20/2026 STAFF APPAREL
4/15/2026 FIRST AID SUPPLIES
5/1/2026 LAW ENFORCEMENT CONTF';
12/16/2025 REFUND BUSINESS LICENSE
5/1/2026 COASTALANIMALSERVICES
12/15/2025 REFUND BUSINESS LICENSE
12/15/2025 REFUND BUSINESS LICENSE
4/30/2026 COLTS - STREETSCAPES - B
4/30/2026 COLTS - BCHS, ACCESS & PI
4/30/2026 COLTS - LANDSCP EAST - BA
4/30/2026 COLTS - BCHS, ACCESS & PI
4/30/2026 COLTS - LANDSCP EAST - SL
4/28/2026 SERVICE TO BEACH / PARK F
12/16/2025 REFUND BUSINESS LICENSE
12/16/2025 REFUND BUSINESS LICENSE
4/15/2026 4TH OF JULY FLYOVER - BEA
12/16/2025 REFUND BUSINESS LICENSE
5/4/2026 4/27/26 - 5/03/26 WEEKLY PA'1
4/22/2026 WATER QUALITY ORDINANC
2/18/2026 PROGRAMMING OF TWO NE
11/19/2025 RADIO REPAIR
4/24/2026 FLAG FOOTBALL OFFICIAL 4,
Amount Paid
492.46
1,385.69

93.23 65.58
1 ,890,840.37
2 3.60
80,536.67

34.20 34.20
25,422.67
18,422.53
61,571.79
1,395.00
2,311 .67
1,800.00

58.46 100.00
6,000.00

14.80 21,119.85
9,102.40
100.00
144.40
120.00
Check Total
1 ,971 .38

65.58 1 ,890,840.37
2 3.60
80,536.67

68.40 110, 923.66

58.46 100.00
6,000.00

14.80 21,119.85
9,346.80
120.00
Page:2
1321
apChkLst
05/06/2026 I :52:32PM
Final Check List

SAN CLEMENTE
Page: 3
Bank : city BMO
Check #
611 444
611445
611446
611447
611448
Date Vendor
5/8/2026 002647
5/8/2026
5/8/2026
5/8/2026
5/8/2026
015986
004462
007835
018372
(Continued)
Invoice
DENAULT"S HARDWARE 534216
534292
534384
534201
534025
534309
534164
534176
534192
534185
534259
534264
534283
534022
534057
534103
534330
534365
534073
534204
534212
534215
534314
534333
534341
534296
534306
534317
DESTEFANO, LOUIS 42426
DOHENY PLUMBING INC 76006
DOUGLAS PRINTING 150656
DUNCAN SE, CAMERONI OCTA AREA3-1
OCTA AREA3-2
Inv Date Description
4/16/2026
4/22/2026
4/28/2026
4/1 5/2026
4/3/2026
4/22/2026
4/al 4/2026
4/1 4/2026
4/i 5/2026
4/i 5/2026
4/20/2026
4/20/2026
4/21 /2026
4/3/2026
4/6/2026
4/8/2026
4/24/2026
4/27/2026
4/7/2026
4/1 6/2026
4/1 6/2026
4/1 6/2026
4/23/2026
4/24/2026
4/25/2026
4/22/2026
4/22/2026
4/23/2026
4/24/2026
3/31 /2026
4 /28/2026
4/22/2026
4/23/2026

HARDWARE & MAINT SUPPL

ADULT SOFTBALL OFFICIAL -
BEACHES & PARKS MAINTEf'

FINANCE WINDOW ENVELOF
REHABILITATE EXISTING SEi

BEACH TRAIL BRIDGE REPL/
Amount Paid

33.42 15.11

29.90 93.25
142.75

82.66 191.37

38. IO

90.77 90.76

37.24 32.92

43.58 57.66
196.07

16.29 12.88

49.18 21.51
140.03

44.44 2.22

11.39 96.45

52.24 28.08

78.03 22.25
240.00
2 ,548.70
633.41
3 ,850.00
3,712.50
Check Total
1 ,750.55
2 40.00
2,548.70
633.41
7,562.50
Page: 3
1322
apChkLst
05/06/2026 '1:52:32PM
Final Check List

SAN CLEMENTE
Page:4
Bank : city BMO
Check #
611449
Date Vendor
5/8/2026 003643
611450 5/8/2026 004177
611451
611452
611453
5/8/2026 033414
5/8/2026 037882
5/8/2026 034051
6 6
6 6
6 6
6 6
6 6
6 6
6 6
6 6
6 454
455
456
457
458
459
460
461
462
463
464
465
466
4ei7
468
469
470
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
014554
008098
038526
027579
032444
038510
000026
038499
038498
037034
038523
038529
023511
016179
002045
038419
007033
(Continued)

DUNN-EDWARDS CORPC

E STEWART & ASSOC INI

EDINGER MATERIAL INC

ELLENS, KARINA

ENMEIER, MARK

ENVIROBLIND LLC

ENVIRONMENTAL COMPI

ERIC JOHNSON DDS

EXILE SKIMBOARDS LLC

EYOH DESIGN LLC

FAUCHEUX, ANABELLE

FEDERAL EXPRESS COR

FISHER, DEREK

FRERE, KEN
FULLER, COLE E.

GENES WINDOW CLEAN

GREEN LIGHT PRODUCT

HARPER, EVERETT

HAULAWAY STORAGE C(

HIRSCH PIPE & SUPPLY

HOGAN, CADEN

IMPERIAL SPRINKLER SL
Invoice
21 84A46809
21 B4A47i 01
21 84A47295
21 84A4771 7
9967S
99628
9963S
99368
4B57
042126
042226
042326
042426
PS-034901
CSCGCD1126
BL-0030595
BL-0030300
BL-0319090
70003974
9-259-42794
BL-0306869
BL-0030355
42426
BL-0313119
2026286
42426
002309842
1812110
42826
0026449634-001
0026352753-001
0026386307-001
Inv Date Description
3/31 /2026
4 /6/2026
4/8/2026
4/16/2026
4/22/2026
4/22/2026
4/22/2026
4/8/2026
4/23/2026
4/21 /2026
4/22/2026
4/23/2026
4/24/2026
4/6/2026
3/9/2026
12/1 6/2025
12/1 6/2025
12/1 6/2025
3/1 0/2026
4 /17/2026
12/1 6/2025
12/1 6/2025
4/24/2026
12/1 6/2025
3/26/2026
4 /24/2026
4/1 /2026
4/20/2026
4/28/2026
4/24/2026
4/24/2026
4/22/2026
ACCT#009167-007 PAINT
ACCT#009167-007 PAINT
ACCT#009167-007 PAINT
ACCT#009167-007 PAINT

WEED ABATEMENT/PROGRA

WEED ABATEMENT/PROGRA
WEED ABATEMENT/PROGR/!l

BOCA DE CANON - PLC DG C

PIER PILASTER CONE

INSTRUCTOR PAYMENT

TRANSPORTATION - LYFT RE

MEAL REIMBURSEMENT

TRANSPORTATION - LYFT RE

MS NORTH BEACH SHUTTEF

AGREEMENT FOR FOG PROI

REFUND BUSINESS LICENSE

CITATION REFUND

SHIPPING CHARGES

REFUND BUSINESS LICENSE

REFUND BUSINESS LICENSE
FLAG FOOTBALL OFFICIAL 4.

REFUND BUSINESS LICENSE

SOUND CINCO DE MAYO
SOFTBALL OFFICIAL 4/15, 16,
10 FT. CONTAINER RENTAL F
FACILITIES-MAINT. OF BUIL
FLAG FOOTBALL OFFICIAL 4.

IRRIGATION SUPPLIES

IRRIGATION SUPPLIES
Amount Paid

23.99 79.36

37.28 19.16
10,462.60
2,500.00
2,000.00
4,200.00
2,000.02
1 ,27 4.00
114.82
2 8.07

86.95 4 ,395.46
5 ,755.00

39.00 43.60

56.54 90.00

75.34 11.80

11.80 80.00

13.60 2 ,350.00
3 60.00

84.00 1,836.93
120.00

83.63 189.73

73.71 Check Total
159.79
19,162.60
2,000.02
1 ,27 4.00
229.84
4 ,395.46
5 ,755.00

39.00 43.60

56.54 90.00

75.34 11.80

11.80 80.00

13.60 2 ,350.00
3 60.00

84.00 1,836.93
120.00
347.07
Page:4
1323
apChkLst
05/06/2026 1:52:32PM
Final Check List

SAN CLEMENTE
Page: 5
Bank : city BMO
Check #
611471
611472
611473
611474
611475
611476
611477
611478
611479
611480
611481
611482
Date Vendor
5/8/2026 012787
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
006534
025885
022623
008609
005845
006381
032982
013755
5/8/2026 007966
5/8/2026 019816
5/8/2026 007564
6 6
6 6
6 6
6 483
484
485
486
487
488
489
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
038497
038501
038401
004183
000502
038058
016456
(Continued)

INFOSEND INC

INTELLICEPT

ITS GROUP DBA IND TEC
JCTEES COM CORPORAJOHNSTONE SUPPLY OF

JON'S FLAGS & POLES I)
JTB SUPPLY COMPANY Ir

KAYALIAN, SARK

KOPPEL & GRUBER PUBI

LAS GOLONDRINAS

LGC GEOTECHNICAL INC

LOWE'S COMPANIES INC

LUNATREE INC

M SQUARED WIRELESS

MARIACHI ORGULLO DE

MARK KOSINS MD

MCMASTER-CARR SUPP

MEJIA, ARACELI

MG PICO ASSOCIATES
Invoice
307771
307853
306478
306477
308275
36706
1 9262-F-INV
11 066
2188615
2190666
2190914
2190915
2191102
2190667
F92395
1116565
B24-1623
25-1645
25-1572
BL-0025055
01-24700
74533
81656
81399
85410
97576
74278
BL-0320525
BL-0319423
0005
BL-0013201
63379930
042326-042526
BL-0025395
Inv Date Description

UTILITY BILL PROCESSING

DRIVE BITS & SPANNERS
4/1 /2026
3/31 /2026
3/1 5/2026
3/1 5/2026
4 /1 5/2026
4121 /2026
4/27/2026
4/17/2026
4/7/2026
4/7/2026
4/1 5/2026
4/1 5/2026
4/1 5/2026
4/1 5/2026
1/30/2026
4/7/2026
1/18/2026

OHBC - BACKUP VFD BOILEF

FNF JERSEY-ONE ONLY

SIGNAL SUPPLIES

FLAGS & HARDWARE

LED TUBE LIGHTS

REFUND OF WMP FEE
12/31/2025 ANNUAL ADMIN SVCS - OCT.
12/22/2025 CFD 2006-1 ARBITRAGE COA
12/16/2025 REFUND BUSINESS LICENSE
3/31/2026 GEOTECHNICAL EVALUATIOI
4 /20/2026 #9800 154381 2 SUPPLIES
4/22/2026 #9800 154381 2 SUPPLIES
4/22/2026 #9800 154381 2 SUPPLIES
4/23/2026 #9800 154381 2 SUPPLIES
4/18/2026 #9800 154381 2 SUPPLIES
4/20/2026 #9800 154381 2 SUPPLIES
12/16/2025 REFUND BUSINESS LICENSE
12/16/2025 REFUND BUSINESS LICENSE
3/17/2026 BALANCE - CINCO DE MAYO
12/16/2025 REFUND BUSINESS LICENSE
4/16/2026 EQUIPMENT & TOOLS
4/25/2026 AEP 2026 CONFERENCE EXF
12/16/2025 REFUND BUSINESS LICENSE
Amount Paid
1,166.93

13.79 12.18
7,170.91
7 ,525.02

96.09 695.54
8 2.73
644.06
149.47
271 .91
271 .91
890.77
565.69
3 ,690.44
4 ,684.12
5 00.00
1 ,5al6.81
2 ,332.58

61.80 4,115.00

66.72 162.97
153.19
211.50

73.02 95.13

21.80 100.00
250.00

12.00 320.73
F375.44

68.00 Check Total
15,888.83

96.09 695.54

82.73 2 ,793.81
3 ,690.44
4 ,684.12
5 00.00
3 ,849.39

61.80 4 ,115.00
762.53

21.80 100.00
250.00

12.00 320.73
B75.44

68.00 Page: 5
1324
apChkLst
05/06/2026 1:52:32PM
Final Check List

SAN CLEMENTE
Page: 6
Bank : city BMO
Check #
611490
611491
611492
611493
611494
611495
611496
611497
611498
611499
611500
611501
Date Vendor
5/8/2026 035869
5/8/2026 028513
5/8/2026 006627
5/8/2026 015607
5/8/2026 029090
5/8/2026
5/8/2026
5/8/2026
5/8/2026
038061
007 465
038511
001207
5/8/2026 038502
5/8/2026 025959
5/8/2026 008563
6 6
6 6
6 6
6 6
6 6
6 6
502
503
504
505
506
507
508
509
510
511
512
513
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
000535
038531
038528
038520
038191
034649
038516
037090
010978
038508
038521
036403
(Continuedj
Invoice
MIHELE, LUKE 42426
42826
MOON VALLEY NURSER'T 13211
MUNI WATER DIST OF OF 12079
18015
MUSCO SPORTS LIGHTlTh 450552
NATIONALTRENCH SAFE 1254665
1271 494
NELSON, DRAKE 42426
NINYO & MOORE INC 319579
NOLL, ADAM PKOO2185
ODP BUSINESS SOLUTIC 465290045001
465937951001
466682171001
466390956001
OEAN VIEW DENTALCAF BL-0317123
OMNI ENTERPRISE INC CSC8040426
CSCO832926
CSC814264
ONESOURCE DISTRIBUT SOO8203677.00i
SOO8252397.001
ORANGE CO ENVIRONMI 1N2818452
ORANGE COUNTY TRAN: OCTIS-SC-XX2e
ORANGETHEORY FITNEE BL-0314085
OUTTHEBACKDBAIAM BL-0317081
PACIFIC RIM HYDROSEE 4927
PARSONS, ROSS 42426
PATHWAY FOR HEALTH BL-0321856
PAUL, BENJAMIN HAYDEI 5490-VZ
PETTY CASH 042226
PIMENTAL, TEVA K 50001726
PJ HARLOW BL-0318871
PRESIDIO CLEANERS A77-084R
Inv Date Descriotion
4/24/2026 FLAG FOOTBALL OFFIC1AL4/
4/28/2026 FLAG FOOTBALL OFFICIAL 4.
3/31/2026 MOON VALLEY NURSERY -01
4 /15/2026 FISCALYEAR2026-MWDOC
4/17/2026 0PERATION & MAINT. COST!
3/25/2026 SANGPARK-LIGHT/LAMPS
3/29/2026 K-RAIL RENTAL FOR BOCA D
4 /24/2026 K-RAIL RENTAL FOR BOCA D
4/24/2026 FOOTBALLOFFICIAL4/17/26
4/23/2026 FRONTERA LIFT STATION SC
3/1/2026 CITATION REFUND
4 /15/2026 0FFICESUPPLIESA/C#8983
4/16/2025 0FFICE SUPPLIES NC #8983
4/17/2025 0FFICESUPPLIESA/C#8983
4/21/2026 0FFICESUPPLIESA/C#8983
12/16/2025 REFUND BUSINESS LICENSE
4/16/2026 JANITORIALSERVICES
4/3/2026 JANITORIAL SERVICES
1/26/2026 JANITORIALSERVICES
4/22/2026 REPLACEMENT VFD FOR LA
4/15/2026 REPLACEMENTSOFTSTART
4/18/2026 CROSS CONNECTION PLAN
4/21/2026 CITYCOUNCILSESSION4/21
12/24/2025 REFUND BUSINESS LICENSE
12/16/2025 REFUND BUSINESS LICENSE
12/5/2025 MULCH/FERTILIZER FOR Ci
4/24/2026 SOFTBALLOFFICIAL4/15,22,
12/16/2025 REFUND BUSINESS LICENSE
4/13/2026 REIMB. FOR SUNGLASSES
4/22/2026 REPLENISH PETTY CASH
3/26/2026 CITATION REFUND
12/16/2025 REFUND BUSINESS LICENSE
4/3/2026 PATCHES SEWN ON FOR LG
Amount Paid
240.00
120.00
24,999.45
898,548.37
1,883.21
4,719.50
1,102.00
1 ,al02.00
120.00
755.00
100.00
2 5.66

75.79 76.74

73.20 24.00
720.00
1,960.00
1,345.00
13,824.06
5,929.77
1,164.50
700.00
525.00

13.60 3 ,096.00
320.00

53.80 178.39
148.41
4 3.00

44.00 160.00
Check Total
360.00
24,999.45
900,431 .58
4,719.50
2,204.00
120.00
755.00
100.00
25al.39

24.00 4,025.00
19,753.83
1,164.50
700.00
525.00

13.60 3 ,096.00
320.00

53.80 178.39
148.41
4 3.00

44.00 160.00
Page:6
1325
apChkLst
05/06/2026 I :52:32PM
Final Check List

SAN CLEMENTE
Page: 7
Bank : city BMO
Check #
611514
Date Vendor
5/8/2026 003616
611515
611516
5/8/2026 000267
5/8/2026 003798
611517 5/8/2026 003033
611518 5/8/2026 004113
611519 5/8/2026 034"l77
611520
611521
5/8/2026 001029
5/8/2026 000067
611522
611523
5/8/2026 001481
5/8/2026 000207
611524
611525
611526
5/8/2026 037899
5/8/2026 038500
5/8/2026 001174
(Continued)
Invoice

R & R INDUSTRIES INC

R & R PRODUCTS INC

RALPHS GROCERY CO
PRUDENTIAL OVERALL S 132386285
i32386286
132386270
714058
CD3128059
CD3129162
CD3130683
CD3130728
CD3132828
031901
054755
034615
RANCHO SAN CLEMENTE 910N-042526
1 030N-042526
REAL ESTATE CONSULTII 19845
19850
19864
RED WING BUS ADVANT,{ 2026041603620!
RINCON TRUCK CENTER 378767
379241
ROBERTSONaS READY M 824265
ROD'S TREE SERVICE IN 20-276-26
20-278-26
20-277-26
20-285-26
20-279-26
20-281-26
20-280-26
20-282-26
20-283-26
20-284-26
SAH ART ACADEMY 042126
SALOON SALON BL-0313584
SAN DIEGO GAS & ELEC' 042726
042826
Inv Date Description
4/21 /2026
4/21 /2026
4/21/2026
4/28/2026
3/1 9/2026
3/23/2026
3/26/2026
3 /26/2026
4 /1 /2026
3/31 /2026
4 /1 /2026
4/1 4/2026
4/25/2026
4/25/2026
4/7/2026
4/20/2026
4/30/2026
4/'16/2026
4/7/2026
4/20/2026
4/1 3/2026
4/1 /2026
4/2/2026
4/2/2026
4/17/2026
4/7/2026
4/8/2026
4/8/2026
4/1 0/2026
4/1 0/2026
4/1 0/2026
4/21 /2026
12/1 6/2025
4/27 /2026
4/28/2026
1273604 UNIFORMS RENTAL
1273601 UNIFORMS RENTAL
1372603 UNIFORMS RENTAL

JACKETS

GC - PARTS & SUPPLIES

GC - PARTS & SUPPLIES
BPR A/C # E10007
BPR A/C # E10007
BPR A/C # E10007
RSCBP ASSN. DUES 910 & IC
RSCBP ASSN. DUES 910 & 1 €

BEACH TRAIL GRADING

REC&S - CITY TRAIL MAINT (
NC #36205 / WORK BOOTS
PARTS
PARTS

CEMENT FOR PIER SWINGS

TREE WORK

INSTRUCTOR PAYMENT

REFUND BUSINESS LICENSE
0036981847742 DISTRIBUTIO
0087322212229 DISTRIBUTIO
Amount Paid

33.32 56.85

60.56 706.39
472.37
357.17
1,127.18
926.69
686.97

83.06 18.58

9.00 774.18
556.55
820.00
820.00
11,416.67
300.00

82.58 344.07
1,561.12
1,450.00
1 ,500.00
650.00
2 ,000.00
4,000.00
700.00
475.00
i,725.00
i,200.00
900.00
630.00

13.60 41.98

15.84 Check Total
150.73
706.39
3,570.38
110.64
1,330.73
13,056.67
300.00
426.65
1,561.12
14,600.00
630.00

13.60 57.82
Page: 7
1326
apChkLst
05/06/2026 1:52:32PM
Final Check List

SAN CLEMENTE
Page: 8
Bank : city BMO
Check #
611527
Date Vendor
5/8/2026 008830
611528
611529
5/8/2026 034839
5/8/2026 008357
6 6
6 6
6 6
6 530
531
532
533
534
535
536
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
038503
000912
038514
002431
028119
038505
002755
611537 5/8/2026 003204
611538
611539
5/8/2026 000208
5/8/2026 030368
611540
611541
5/8/2026 036341
5/8/2026 022514
611542
611543
611544
5/8/2026 025058
5/8/2026 038512
5/8/2026 001753
611545
611546
611547
5/8/2026 027413
5/8/2026 036904
5/8/2026 038517
(Continued)

SHERWIN-WILLIAMS

SIGNHOUSE CORP

SIMPLOT TURF & HORTI(

SINGER, MYRIAN
SITEONE LANDSCAPE St

SLC CONSULTING INC
SMART & FINAL IRIS INC.

SMART ENERGY WATER

SOULTHRMNG LLC

SOUTH COAST DISTRIBL

SOUTHERN CALIF GAS C

SOUTHERN COUNTIES F

SPORTS FACILITIES GRC
Invoice
94161211 29042 €
71 77 4212980421
32472
205106443
205106996
BL-0001057
164380363-001
BL-0316509
759100
11925
BL-0317 489
324199
323224
323319
324008
324340
324422
324030
042426
042826
042726
IN-0000345757
A19375
A19416
A19426
STAKSTON, HOLDEN 42426
STARFISH SIGNS & GRAF INV-8819
INV-8869
STOTZ EQUIPMENT 161938
SUDYKA, ISABELLA ST137107
SUMMERS MURPHY 26-0452
26-0467
SUPER BOWL EXPRESS BL-0025864
SUPPORT UNLIMITED IN( 1014
TALKBETTERTHERAPYI BL-0015039
Inv Date Description
4/1 /2026
4/1 4/2026
2/20/2026
4/1 /2026
4/27 /2026
12/1 6/2025
4/7/2026
12/1 6/2025
4/23/2026
4/1 5/2026
12/1 6/2025
4/1 6/2026
3/3/2026
3 /6/2026
4 /6/2026
4/22/2026
4/24/2026
4/7/2026
4/24/2026
4/28/2026
4/27/2026
4/29/2026
4/9/2026
4/1 4/2026
4/20/2026
4/24/2026
3/1 8/2026
3/1 8/2026
3/31 /2026
3 /26/2026
4 /1 5/2026
4/1 5/2026
12/1 6/2025
4/9/2026
12/16/2025

WINDOW PAINT MATERIALS

PAINT MATERIALS
BALANCE DUE ON TOWER Vl

GC TURF SUPPLIES

REFUND BUSINESS LICENSE

GOLF MATERIALS / TOOLS

REFUND BUSINESS LICENSE
ACCT #60124600010399088

CREDIT CARD PROCESSING

REFUND BUSINESS LICENSE

SUPPLIES

SUPPLIES
07737028683 GAS SERVICES
11753986915 GAS SERVICES
05900755900 GAS SERVICES

FUEL PURCHASES FOR CITY

SOCCER NETS

TENNIS NET STRAPS

BASKETBALL NETS

FOOTBALL OFFICIAL PAYMEI

GARBAGE DISPOSAL SIGNS

NO SMOKING SIGNS
GC MAINT. TOOLS / HARDW)

CITATION REFUND

LANDSCAPE PLAN CHECK

LANDSCAPE DESIGN SERVI(

REFUND BUSINESS LICENSE

SUPPLIES

REFUND BUSINESS LICENSE
Amount Paid
132.42
103.39
924.49
2,528.68
840.45

66.00 949.78

11.80 198.84
1 ,667.35

17.80 343.23
600.75
2 ,022.47
595.86
1 ,851 .63
4,065.41
122.25
6 ,685.44

89.65 7 ,832.12
18,384.84
1 ,565.85
2 67.74
260.74
120.00
1,142.25
1,002.26

46.02 53.00
785.00
1,815.00

41.80 1 ,87 4.85

14.80 Check Total
235.81
924.49
3,369.13

66.00 949.78

11.80 198.84
1 ,667.35

17.80 9,601 .60
14,607.21
18,384.84
2,094.33
120.00
2,1 44.51

46.02 53.00
2,600.00

41.80 1 ,87 4.85

14.80 Page:8
1327
apChkLst
05/06/2026 1:52:32PM
Final Check List

SAN CLEMENTE
Page: 9
Bank : city BMO
Check #
611548
611549
Date Vendor
5/8/2026 038519
5/8/2026 014307
611550 5/8/2026 003511
611551
6all552
611553
5/8/2026 038496
5/8/2026 001948
5/8/2026 038021
611554 5/8/2026 037341
611555
611556
5/8/2026 038060
5/8/2026 029845
611557
611558
5/8/2026 038522
5/8/2026 038434
(Continued)
Invoice
THE UPS STORE 1430

TIMES MEDIA GROUP
BL-0030412
84FA23BA-0206
2026-182134
84FA23BA-0193
029ECOF7-0093
84FA23BA-0214
84FA23BA-0216
84F A23BA-0223
84F A23BA-0224
84F A23BA-0225
84FA23BA-0226
84FA23BA-0227
84FA23BA-0228
TK ELEVATOR CORPORA 4800008065
4800008069
TOTALVISION PC BL-0321566
TRANSTECH ENGINEERE BL-0021877
TREVIPAY 4905B319
471 B9C7F
73860893
D227 AOCD
TURF CONTROL LLC 1NV8643906
1NV8643972
TURNER, SHEPHERD 42426
UNITED BLDG & DEVELPI 2671
2672
2674
2679
2682
2683
2684
2685
2687
BL-0304338
42826

VIP PET SPA

WALZ, COLTON
Inv Date Description
12/1 6/2025
2/23/2026
4/30/2026
1/13/2026
4/29/2026
3/20/2026
3/20/2026
4 /22/2026
4/22/2026
4/22/2026
4/22/2026
4/22/2026
4/22/2026
4/17/2026
4/17/2026
12/1 6/2025
12/1 6/2025
4/8/2026
4/1 4/2026
4/1 3/2026
4/1 6/2026
4/7/2026
4/8/2026
4/24/2026
4/26/2026
4/26/2026
4/26/2026
4/26/2026
4/29/2026
4/29/2026
4/29/2026
4/30/2026
4/30/2026
12/1 6/2025
4/28/2026

REFUND BUSINESS LICENSE

CITY LEGAL ADS NOTICE

CITY LEGAL ADS NOTICE
ELEVATOR MAINT. CONTRA(
ELEVATOR MAINT. CONTRA(

REFUND BUSINESS LICENSE

OFFICE SUPPLIES - SCAC

TORO CONVERSION ASSEM

TOOLS/VALVES

FOOTBALL OFFICIAL PAYME

PIER BOWL NORTH INSTALL

PIER BOWL SOUTH INSTALL

PIER BOWL - PROVIDE CON(

SAN G PK - INSTALL SCOREE
FORESTER PK - EXTEND & It

MARBLEHEAD PK - FABRICA

MABLEHEAD PK - REPAIR HA

CASA - RPLC VALVE

VHSP - WELD BROKEN FENC

REFUND BUSINESS LICENSE
FLAG FOOTBALL OFFICIAL 4.

Amount Paid

41.80 251 .46
300.00

82.81 146.09
162.82
162.82

61.39 74.87

78.72 82.57

94.12 406.77
100.00
100.00
247.00

12.60 178.20
251 .32

20.00 94.26
214.70
1,254.55
120.00
4,985.00
4,934.00
685.00
4,897.00
2,975.00
4,825.00
4,050.00
3,850.00
550.00

80.80 120.00
Check Total

41.80 1 ,904.44
200.00
247.00

12.60 543.78
1 ,469.25
120.00
31 ,751 .00

80.80 120.00
Page: 9
1328
apChkLst
05/06/2026 1:52:32PM
Final Check List

SAN CLEMENTE
Page: 10
Bank : city BMO
Check #
6 6
6 6
6 6
6 6
559
560
561
562
563
564
565
566
Date
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
5/8/2026
Vendor
038515
037030
038049
026317
038509
033919
038530
035945
(Continued)
Invoice
WELD TECH INC BL-0320280
WIGGINS, ANDREW 42826
WILLARDSON, DRUE 42826
WINDOW COVERINGS B' 21255928
WORTHINGTON TOLEDO 51002324
YOUNG, KIM 042126
ZANO PRODUCTIONS 041326
ZEPEDA, LUIS 42426
42826
Inv Date Description Amount Paid
12/16/2025 REFUND BUSINESS LICENSE
4/28/2026 FOOTBALL OFFICIAL PAYMEI
4/28/2026 FOOTBALL OFFICIAL PAYMEI
2/17/2026 WINDOW TREATMENTS FOR
2/26/2026 CITATION REFUND
4/21/2026 INSTRUCTOR PAYMENT
4/13/2026 ABILITYFEST - MUSIC
4/24/2026 FLAG FOOTBALL OFFICIAL 4,
4/28/2026 FLAG FOOTBALL OFFICIAL 4,

14.80 120.00
120.00
975.67

43.00 2,835.00
1,200.00
120.00
120.00
Sub total for BMO:

Check Total

14.80 120.00
120.00
975.67

43.00 2,835.00
1,200.00
240.00
3,480,884.94
Page: 10
1329
apChkLst
05/06/2026 1:52:32PM
163 checks in this report.

Final Check List

SAN CLEMENTE
Page: 11
Grand Total All Checks: 3,480,684.94
Page: Il
1330
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: May 19, 2026 Agenda Item: 11D.

ORDINANCE NO. 1808

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, APPROVING ZONING AMENDMENT 26-062 AMENDING TITLE 17 – ZONING OF THE SAN CLEMENTE MUNICIPAL CODE FOR CLARITY AND CONSISTENCY; AND FINDING THIS ACTION

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) UNDER STATE CEQA GUIDELINES SECTIONS 15378(B)(2) AND 15378(B)(5)
WHEREAS, on February 4, 2014, the City Council of the City of San Clemente adopted the Centennial General Plan, which, among other provisions, included changes to land use designations, particular types of uses, and development criteria for certain designations; and WHEREAS, on February 4, 2014, as part of its action on the Centennial General Plan, the City Council certified Environmental impact Report SCH No. 2013041021 (“General Plan EIR”) pursuant to the California Environmental Quality Act (“CEQA”) approved mitigation measures, and adopted a Statement of Overriding Considerations; and
WHEREAS, subsequent to adoption of the General Plan EIR, the City Council adopted several Addenda:

A. On November 3, 2015, the City Council adopted General Plan Amendment (“GPA”) 15-049, approved Ordinance Nos. 1609 and 1610 for Zoning Amendment (“ZA”) 14-456, and certified EIR Addendum No. 1 (the “2015 Addendum”);
B. On September 5, 2017, the City Council adopted GPA 15-331, approved EIR Addendum No. 2 (the “2017 Addendum), and approved Ordinance No. 1645 for ZA 17-251; C. On December 17, 2019, the San Clemente City Council adopted GPA 19-291 and SPA 19-292 (an updated to the Pier Bowl Specific Plan), and approved EIR Addendum No. 3 (the “2019 Addendum”); and
D. On October 18, 2022, the City Council adopted GPA 21-238, SPA 21-239, and ZA 21-240, and Land Use Plan Amendment (“LUPA”) 21-241, and approved EIR Addendum No. 4 (the “2022 Addendum”).

WHEREAS, on May 20, 2025, the City Council initiated Zoning Amendment 25-547 (the “Project”) to Title 17 (Zoning) of the San Clemente Municipal Code to correct outdated references, clarify findings and procedures, remove obsolete code sections, and ensure consistency with current City practices and the Centennial General Plan. The amendments represent a coordinated effort to modernize the City’s zoning standards, improve predictability and efficiency in permit processing, and ensure the Municipal Code remains clear, current, and aligned with community expectations; and 1331
Meeting Date: May 19, 2026 Agenda Item: 11D.

CITY OF SAN CLEMENTE 2
WHEREAS, the Ordinance attached hereto amends various code sections within Title 17 of the San Clemente Municipal Code (“SCMC”) to effectuate the Project and the City Council’s directives on the same; and
WHEREAS, the City, as Lead Agency, conducted an environmental review of the proposed SCMC amendments for compliance with the California Environmental Quality ACT (“CEQA”) and the State CEQA Guidelines; and
WHEREAS, on April 8, 2026, the Planning Commission held a duly noticed public hearing on the attached zoning amendments, considered evidence presented by City staff and comments from other interested parties, and made a recommendation to the City Council as fully set forth herein; and WHEREAS, on May 5, 2026, the City Council held a duly noticed public hearing on this Ordinance, considered the agenda report, including the policy considerations discussed therein, and the written and oral testimony received. The City Council has also reviewed and considered the Planning Commission’s recommendation, and the agenda report and other evidence that was considered by the Commission, in connection with the proposed amendments; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE DOES ORDAIN AS FOLLOWS:

SECTION 1: Incorporation of Recitals.

The City Council hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the City Council as fully set forth in this Ordinance.

SECTION 2: CEQA Findings.

Based upon its review of the entire record, including, but not limited to, the staff report, any public comments or testimony, and all related information presented to the City, and the facts outlined below, the City Council finds the amendments are not a “project” as defined by the State CEQA Guidelines Sections 15378(b)(2) and 15378(b)(5) because the revisions relate to ongoing administrative 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.).

Additionally, the amendments are exempt from CEQA under State CEQA Guidelines section 15061(b)(3) on the basis that there is no possibility that the activity in question may have a significant effect on the environment. The amendments clarify and cleanup zoning standards. The proposed changes do no change land use designations or increase the type, density, or land use impacts of potential development.

SECTION 3: Zoning Amendment Findings
With respect to ZA 26-062, the City Council finds the following with respect to the amendments to this Zoning Ordinance:

A. The amendments are consistent with the General Plan, in that:

1. The zoning amendments clarify and improve the effectiveness of regulations, make the City’s review process more understandable, predictable, and timely, and are consistent with 1332
Meeting Date: May 19, 2026 Agenda Item: 11D.

CITY OF SAN CLEMENTE 3
Governance Element Policy G-1.01 Effective Governance, “We practice effective governance by adhering to a planning, budgeting, and implementation process which is publicly accessible, understandable, predictable and timely.”

2. The zoning amendments will not adversely impact the public health, safety, and welfare since they further the Centennial General Plan objectives of (1) meeting community values, needs, and conditions; (2) guiding long-term public and private land use, transportation, economic development, resource preservation, urban design, and other public policy actions; and (3) reflecting the Planning Commission’s review, direction, and independent judgement regarding land use.

SECTION 4: SCMC Code Amendments.

Title 17 (Zoning) of the San Clemente Municipal Code is hereby amended as set forth in Exhibit “A,” attached hereto and incorporated herein fully by reference.

SECTION 5: Severability.

If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 6: The City Clerk shall certify to the passage of this Ordinance and publish the same in the manner required by law, and this Ordinance shall take effect as provided by law.

APPROVED AND ADOPTED AND SIGNED this May __, 2026
ATTEST:
_______________________________ ___________________________ City Clerk of the City of Rick Loeffler, Mayor of the City of San Clemente, California San Clemente, California
1333
Meeting Date: May 19, 2026 Agenda Item: 11D.

CITY OF SAN CLEMENTE 4

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1808 having been regularly introduced at the meeting of _____________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____ of ________, 2026, and said ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
________________________________
Elizabeth A. Mitchell, CITY ATTORNEY
1334
Exhibit A
Section 1 Section 17.24.040 is amended to read in its entirety as follows:

17.24.040 Accessory Buildings and Structures.

A. General Requirements for Accessory Buildings and Structures in All Zones.

1. When Accessory Buildings and Accessory Structures May be Constructed.

Attached or detached accessory buildings and accessory structures may be constructed with, or subsequent to, the construction of the primary building as provided for herein. Exceptions may be granted as deemed by the City Planner or designee.

2. Requirements Not Included in This Section. Along with the regulations found in this section:
a. Please refer to provisions in chapters on the individual zones for other standards applicable to accessory buildings; and
b. The provisions within this section shall not apply to fences, walls, hedges, retaining walls and skirt walls. Please refer to Section 17.24.090, Fences, Walls, and Hedges; Section 17.24.180, Retaining Walls, and Section

17.24.190, Skirt Walls, of this Title for specific regulations pertaining to Fences, Walls, Hedges, Retaining Walls and Skirt Walls.

B. Standards for Attached Accessory Buildings and Structures (Except Fences, Walls, Hedges, Retaining Walls and Skirt Walls) in All Zones.

1. Setbacks. With the exception of garages in residential zones which qualify for encroachment into the front yard setback, as provided for in Section

17.32.050(E), Garage Encroachment into the Front Setback, and except as modified by Table 17.24.080 B., Maximum Encroachments into Setbacks and Height limits, attached accessory buildings/structures shall comply in all respects with the setback requirements for the primary building.

2. Height Limits. Attached accessory buildings/structures may have the same height limit as primary buildings.

C. Standards for Detached Accessory Buildings and Structures (Except Fences, Walls, Hedges, Retaining Walls and Skirt Walls) in Residential Zones and on Residential Lots in Mixed-Use Zones.

1. Setbacks. Except as modified by Table 17.24.080 B., Maximum Encroachments into Setbacks and Height Limits of this Title, a detached accessory building/structure shall adhere to the following general setbacks:
a. There shall be a five-foot minimum setback between an accessory building/structure and a primary building, measured at the closest distance between the wall or post of structures.
b. When located wholly in the front one-half of the lot, a detached accessory building/structure shall follow the setbacks for the primary building, as prescribed by the zone.
1335
c. Except for through lots as described in Section 17.24.210, when located wholly in the rear one-half of the lot:
i. A detached accessory building with 450 square feet or less floor area may encroach into the interior-side yard and/or rear yard setback of the zone up to a property line. One accessory building may encroach into required setbacks on lots 6,000 square feet or smaller, and two buildings may encroach on lots over 6,000 square feet, if they are separated a minimum of 10 feet
ii. A detached accessory building with over 450 square feet of floor area shall conform to the setbacks of the underlying zone.
iii. A detached accessory structure shall adhere to the setbacks of the zone for the primary building, except as modified by Table 17.24.080 B., Maximum Encroachments into Setbacks and Height Limits. d. When portions of the detached accessory building/structure are located in both the front and rear half of the lot, respective portions of both Subsection (C)(1)(a) and (b) of this section shall apply. e. A detached accessory building/structure shall not be located within five feet of any alley.
f. On a Corner Lot or a Reverse Corner Lot.
1336
i. Exterior Side Setback. The exterior side setback for a detached accessory building/structure shall be the required or existing front yard setback on the adjacent key lot, whichever is less restrictive. The required or existing front yard setback may be established using any legally constructed building, attached or detached, accessory or primary.
ii. Rear Setback. Notwithstanding Subsection (C)(1)(a), (1)(b), (1)(c), (1)(d), and (1)(e)(i), above, the rear setback for a detached accessory building/structure shall be five feet when the accessory building is adjacent to the front two-thirds of the adjacent key lot.

Figure 17.24.040B
1337
iii. Detached garages may encroach into the front yard setback as provided for attached garages in Section 17.32.050(E), Garage Encroachment into the Front Setback, of this Title.

2. Height Limit for Detached Accessory Structures. Except as modified by Section

17.24.080, Maximum Encroachments into Setbacks and Height Limits, General; the height limit for detached accessory structures shall be as follows:
a. Front Half of the Lot. Detached accessory structures in the front half of the lot shall not exceed 15 feet in height;
b. Rear Half of the Lot. Detached accessory structures shall have a maximum height of 15 feet, however; the height limit may be increased to the height limit of the zone with the approval of a Development Permit (Section 17.16.100) or Cultural Heritage Permit (Section 17.16.110).

3. Height Limits for Detached Accessory Buildings. Except as modified by Section

17.24.080, Maximum Encroachments into Setbacks and Height Limits, General; the height limit for detached accessory buildings shall be as follows:
a. Front Half of the Lot. Detached accessory buildings in the front one-half of the lot shall not exceed 15 feet in height;
b. Rear Half of the Lot.
i. Accessory Buildings with Setback Encroachments. Detached accessory buildings in the rear half of the lot encroaching into required setbacks may be constructed over 15 feet high, up to the height limit of the zone with the approval of a Development Permit (Section

17.16.100) or Cultural Heritage Permit {Section 17.16.110). Setback encroachments require compliance with Section 17.24.080 or the approval of an application in Chapter 17.16; and
ii. Accessory Buildings with Setback Compliance. Detached accessory buildings in the rear one-half of the lot may be constructed up to the height limit of the zone if detached accessory buildings comply with required setbacks of the zoning district for the primary building.

D. Standards for Detached Accessory Buildings and Structures (Except Fences, Walls, Hedges, Retaining Walls and Skirt Walls) in Nonresidential Zones and on Nonresidential and Mixed-Use Lots in Mixed-Use Zones.

1. Setbacks. Detached accessory buildings/structures shall meet all of the setback requirements for primary buildings, except as modified by Table

17.24.080B, Maximum Encroachments into Setbacks and Height Limits of this Title. The setback is measured at the closest distance between the wall or post of accessory structures and the property line.

2. Height Limits. Detached accessory buildings/structures shall have the same height as the primary building, except as modified by Table 17.24.080B, Maximum Encroachments into Setbacks and Height Limits of this Title. 1338

3. Setback From the Primary Building. A detached accessory building/structure shall be a minimum of five feet from the primary building, except as modified by Table 17.24.080B, Maximum Encroachments into Setbacks and Height Limits of this Title. The setback is measured at the closest distance between the wall or post of accessory structures and the primary building.

Section 2 Section 17.68.020-17.68.050 is amended to read in its entirety as follows:

17.68.020 Applicability.

A. Applicability of Standards.

1. New Development. The standards in this chapter apply to all nonresidential, mixed-use, and residential development proposed after the effective date of this title, March 21, 1996, with the exception of those projects exempted from this title in accordance with Section 17.04.030(C), Exempt Projects.

2. Existing Development. All development existing prior to the effective date of this title, March 21, 1996, shall comply with the maintenance requirements in Section 17.68.060, Maintenance Requirements. Existing development shall comply with the standards in Section 17.68.040, General Landscaping Requirements, and Section 17.68.050, Landscaping Requirements for Specific Zones, in the following manner:
a. Existing Development Requiring Zoning Administrator, Planning Commission or City Council Review. Existing development which requests improvements or a change of use through a discretionary process shall be reviewed for compliance with the general and specific standards contained in Sections 17.68.040, General Landscaping Requirements, and

17.68.050, Landscaping Requirements for Specific Zones, of this chapter.

Through the discretionary review process, compliance or partial compliance may be required by the City when the improvements or change of use are significant enough to warrant landscape improvements. b. Existing Development Requiring Administrative Review. Existing development which requests improvements or a change of required landscaping areas shall be reviewed for compliance with the general and specific standards contained in Sections 17.68.040, General Landscaping Requirements, and 17.68.050, Landscaping Requirements for Specific Zones, of this chapter.
c. Other Existing Development. Other development which requests improvements or a change of required landscaping areas shall be reviewed for compliance with the standards contained in Sections

17.68.040, General landscaping requirements, and 17.68.050, Landscaping Requirements for Specific Zones, of this chapter.

B. Requirements for Landscape Plans. Preliminary and comprehensive landscape plans are required for specific types of projects receiving discretionary and ministerial review. Please refer to the Planning Division's Guidelines and Specifications for Landscape Development to determine which type of landscape 1339
plan is required for a discretionary and ministerial project, and for submittal requirements. While the standards contained in this chapter pertain only to landscaping on private property, the City also has requirements for landscaping in the public right-of-way and water efficiency regulations for public property. The Planning Division and the City's Beaches, Parks and Recreation Department should be consulted regarding landscaping and water efficiency standards for the public right-of-way and public property. Landscape plans must include the public rights-of-way, as well as private property.

17.68.040 General landscaping requirements.

This section contains general landscaping requirements for all new development and improvements to existing development warranting landscape improvements, as determined through the City's review process. The requirements contained in this chapter are for landscaping on private property while water efficiency standards in this section apply to both private and public property. The Planning Division and the Beaches, Parks and Recreation Department should be consulted for general landscape requirements for public property.

The following are general landscaping requirements for new development and improvements to existing development warranting landscape improvements:

A. Living Plant Materials. Landscaping shall consist primarily of drought tolerant living plant material. In required landscaped areas, living plant material shall be permanently maintained and California Native plant species shall be planted in at least 75 percent of required landscaped areas. Up to 25 percent of required landscaped areas may be covered with natural grass or non-drought tolerant, non-native plant material.

B. Landscaping on Private Property. Only landscaping on private property shall count toward the landscaping requirements of this chapter. Landscaping for parking areas and signs, provided in accordance with Section 17.64.060(C), Landscaping, and Section 17.84.020(B)(3), Landscaping, shall count toward the landscaping requirements of this chapter.

C. Artificial Turf and Permeable Paving. Artificial turf and permeable paving are allowed in areas currently covered with natural grass, and in areas where living plant material is not required. Any existing non-living plant material can be replaced in-kind with other non-living plant material, including artificial turf or pavers.

D. Interference from Landscaping. Trees and shrubs planted on private property shall be planted so that at maturity they do not interfere with service lines, traffic safety visibility area and basic property rights of adjacent property owners.

E. Physical Damage from Landscaping. Trees planted (on private property) near public bicycle trails or curbs shall be of a species and installed in a manner which prevents physical damage to sidewalks, curbs, gutters and other public improvements. Root control barriers shall be utilized. 1340
F. Irrigation Systems. All landscaping for nonresidential, mixed-use, and multifamily residential projects shall have automatic irrigation systems. Duplexes and single-family residential projects need not have automatic irrigation systems, but shall have a permanent means of irrigating landscaping. Low precipitation and drip-type systems are encouraged.

G. State Model Water Ordinance. The State Model Water Efficiency Landscape Ordinance (MWELO), in accordance with provisions established in present-day State Assembly Bill, shall apply to all new and rehabilitated public and private projects, as specified in the City of San Clemente guidelines and specifications for WELO compliance.

H. Utilities. Utilities may occur within required landscaped areas, but only if underground utilities will not preclude appropriate planting of trees, and the utility facilities are screened from public view.

I. More Restrictive Provision Shall Apply. Should any provision of this chapter conflict with any other provisions of this title or any adopted specific or Master Plans, the more restrictive requirements shall apply.

17.68.050 Landscaping requirements for specific zones.

This section contains specific landscaping requirements, by zone, for new development and improvements to existing development warranting landscape improvements, as determined through the discretionary review process. Additional landscaping requirements may be found in Section 17.64.060(C), Landscaping, and Section 17.84.020(B)(3), Landscaping, for landscaping standards for off-street parking areas and signs.

A. Residential Zones.

1. Residential Uses. All residential uses shall comply with the following standards:
a. Minimum landscaping for front yard setback areas for single-family development. 50 percent of the front yard setback area shall have a surface that remains permeable and is to be planted and permanently maintained, as provided for in Sections 17.68.040, General Landscaping Requirements, and 17.68.060, Maintenance
Requirements, of this chapter. Exceptions: On lots with lot width 40 feet or less, 45 percent of the front yard setback area shall have a surface that remains permeable and is to be planted and permanently maintained, as provided for in Sections 17.68.040, General Landscaping Requirements, and 17.68.060, Maintenance
Requirements, of this chapter.

Exceptions may be granted with the approval of a Minor Exception Permit, in accordance with Section 17.16.090, of this title. In addition to the general findings required for specific permits, one of the following findings shall be made prior to the approval of a Minor Exception Permit:
1341
i. The project incorporates a driveway design that aesthetically improves the property beyond the required landscaping
requirements of the Zoning Ordinance; or
ii. Due to special circumstances applicable to the subject property including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity under identical zone classifications.
b. A minimum of one 15-gallon tree or equivalent, as approved by the City Planner, per 25 lineal feet of street frontage shall be planted in the front yard setback area; and
c. Minimum landscaping for front yard setbacks for all other residential development. All setback areas visible from a public street, with the exception of the minimum areas necessary for entry sidewalks and parking (including driveways and required parking spaces), shall have a surface that remains permeable and is to be planted and permanently maintained, as provided for in Sections 17.68.040, General Landscaping Requirements, and 17.68.060, Maintenance Requirements, of this chapter.

Figure 17.68.050
Minimum landscaping for front yard setbacks for all other residential development.
1342
d. For landscaping requirements for parking areas or lots, refer to Section 17.64.060(C), Landscaping, and Section 17.28.220, Parking Lots, of this title. Parking lot landscaping shall count toward the total landscaping requirements for a development site;
e. For landscaping requirements for signs, refer to Section

17.84.020(B)(3), Landscaping, of this title. Sign landscaping shall count toward the total landscaping requirements for a development site.

2. Nonresidential Uses. Please refer to the landscaping standards for nonresidential uses in nonresidential zones, below. A minimum of 10 percent of the gross lot area shall be provided in landscaping; however, more may be required through the discretionary review process to ensure compatibility of the use with nearby residential development. 1343

3. Exceptions. When the Orange County Fire Authority requires fuel modification zones for defensible space, it shall be at the discretion of the City Planner to grant relief from landscaping requirements set forth in this section.

B. All Nonresidential Zones

1. Commercial Zones. All uses in commercial zones shall comply with the following standards:
a. A minimum of one 15-gallon tree or equivalent, as approved by the City Planner, per 25 lineal feet of street frontage shall be planted on the site; and
b. The following minimum amount of landscaping shall be provided for an individual development site:

Table 17.68.050
Landscaping as a Percent of Gross Lot Area
Standard NC 1.1, NC

1.2, NC 1.3,
NC 2, NC 3
CC 1, CC 2 CC 3 CC 4
Minimum
landscaping, as
percent of gross lot
area
10% 15% 20% 25%
c. For landscaping requirements for parking areas or lots, refer to Section

17.64.060(C), Landscaping, and Section 17.28.220, Parking Lots, of this title. Parking lot landscaping shall count toward the total landscaping requirements for a development site;
d. For landscaping requirements for signs, refer to Section 17.84.020(B)(3), Landscaping, of this title. Sign landscaping shall count toward the total landscaping requirements for a development site.

2. Mixed-Use Zones, except MU5.

Development in the MU 1, MU2, MU3.0, MU3.1, MU3.2, and MU3.3 zones (MU zones except MU 5) shall comply with the following landscaping standards:
a. A minimum of one 15-gallon tree or equivalent, as approved by the City Planner, per 25 lineal feet of street frontage shall be planted on the site; and
b. Urban Open Area Requirement. Landscaping requirements have been combined with open area requirements for this zone to allow the creation of urban open areas, such as courtyards, pedestrian walkways, outdoor seating areas and pedestrian walkways, accentuated with landscaping.

The following are urban open area requirements for developments:
1344
Standard All Lots
Total Urban Open Area (as percent of net lot area)
If provided on street level 20%
If provided on multiple levels, including on upper level balconies, decks, and roofs with permanently affixed
planter boxes
30%
Percentage of Urban Open Area to be provided in
Landscaping
25%
Exceptions to these requirements may be granted through the approval of a Minor Exception Permit in accordance with Section

17.40.050(C), Exceptions to the Development Standards for Lots of 12,000 Square Feet or Smaller of this title.
c. For landscaping requirements for parking areas or lots, refer to Section 17.64.060(C), Landscaping, and Section 17.28.220, Parking Lots, of this title. Parking lot landscaping shall count toward the total landscaping requirements for a development site.
d. For landscaping requirements for signs, refer to Section

17.84.020(B)(3), Landscaping, of this title. Sign landscaping shall count toward the total landscaping requirements for a development site.

3. MU 5 Zones.
a. Residential uses in MU 5 shall comply with the landscaping standards for residential uses found in subsection A.1, Residential Uses, of this section. b. Nonresidential uses in MU 5 shall provide a minimum landscaping requirement of 10% of the gross lot area.

4. Exceptions
a. All nonresidential zones, as stated in Subsection B, may utilize landscaping (i.e., vines, wall planters, etc.) if site constraints prevent minimum standard compliance. Vertical planting area is calculated as wall surface area covered with plant material based on expected plant size at maturity, with vine specimens being expected to cover ten square feet even if smaller at the time of planting. b. When the Orange County Fire Authority requires fuel modification zones for defensible space, it shall be at the discretion of the City Planner to grant relief from landscaping requirements set forth in this section. 1345
Section 3 Section 17.36.020 is amended to read in its entirety is follows:

17.36.020 Commercial Use Regulations.

A. Permitted and Conditionally Permitted Uses. Tables 17.36.020, Commercial Zone Uses, list uses which shall be the primary uses allowed to occur on a property. All uses except for those provided for in Sections 17.28.210, Outdoor Display Areas, and 17.28.300, Temporary Uses and Structures, of this title shall be conducted within enclosed structures. The primary uses identified in Table

17.36.020, Commercial Zone Uses, shall be permitted or conditionally permitted as indicated:

P Where the symbol "P" appears, the use shall be permitted.

MC Where the symbol "MC" appears, the use shall be permitted subject to the issuance of a Minor Conditional Use Permit, in accordance with Section 17.16.070, Minor Conditional Use Permits, of this title.

C Where the symbol "C" appears, the use shall be permitted subject to the issuance of a Conditional Use Permit, in accordance with Section

17.16.060, Conditional Use Permits, of this title.

O Where the symbol "O" appears, the use is subject to an alternative review process described in a subsequent footnote.

B. Prohibited Uses. The following uses are prohibited:

1. Uses that are listed in Table 17.36.020 but that are not identified as either permitted — "P" — or conditionally-permitted — "MC" or "C"; and

2. Uses that are excluded from Table 17.36.020, unless they are found by the City to be similar to permitted or conditionally-permitted uses.

3. Uses where a blank cell appears in Table 17.36.020.

4. As indicated in Table 17.36.020, the following uses are not permitted in any commercial zone:
a. Marijuana Cultivation.
b. Marijuana Manufacturing.
c. Marijuana Testing Laboratory.
d. Marijuana Delivery.
e. Marijuana Dispensary.

5. The cultivation of industrial hemp, as defined in Section 11018.5 of the California Health and Safety Code, is not permitted in any commercial zone to the fullest extent allowed by state law.

Table 17.36.020
Commercial Zone Uses
1346
Use Zones

1. Commercial NC

1.1 NC

1.2 NC

1.3 NC
2 NC
3 CC
1 CC
2 CC
3 CC
4 RMF
1 NOTE
Antiques (Retail Sales) P P P P P P P P P
Art Galleries P P P P P P P P P
Bakery Goods/Sales
(No Wholesale
Distributors)

P P P P P P P P P
Barber Shops P P P P P P P P P
Bicycle Shops P P P P P P P P P
Bookstores P P P P P P P P P
Carpet Sales MC P P P P P P P P 26
Ceramics (Retail
Sales)
MC P P P P P P P P 26
Cleaners and
Laundromats (No
Linen Service)

P P P P P P P P P
Clothing (Retail Sales) P P P P P P P P P
Confectionery Stores
(Small Scale
Production with Retail
Sales)

P P P P P P P P P
Convenience Stores C C C C C C C C C 1
Dancing and/or
entertainment that has:
a. No amplified sound. MC MC MC MC MC MC MC MC MC
b. Amplified sound. C C C C C C C C C
Drugstores/Pharmacies P P P P P P P P P
Electronics (Retail
Sales and Repair)

P P P P P P P P P
Fabric Stores P P P P P P P P P
Florists (Retail Sales) P P P P P P P P P
Floor Covering Stores MC P P P P P P P P 26
Furniture Stores (Retail
Sales)
MC P P P P P P P P 26
Glass/Mirror Sales MC P P P P P P P P 26
Grocery/Food Stores
(Not Convenience
Stores)

P P P P P P P P P
Gunsmith/Gun Shops C C C C C C C
Hardware Stores P P P P P P P P P
Home Appliance
Stores (Retail Sales
and Repair)
MC P P P P P P P P 26
1347
Ice Cream Parlors
(Retail Sales with
Small Production)

P P P P P P P P P
Interior Decorating
Stores
MC P P P P P P P P 26
Janitorial Supplies P P P P P P P
Jewelry Stores P P P P P P P P P
Lawnmower
Sales/Service
MC P P P P P P P P 26
Liquor Sales for On-
Site Consumption:
a. Hard alcohol C C C C C C C C C
b. Beer and wine
indoors with active
food service

P P P P P P P P P
c. Beer and Wine in
outdoor dining areas
with active food service

MC MC MC MC MC MC MC MC MC
d. Beer and Wine
without active food
service

MC MC MC MC MC MC MC MC MC
Locksmith Shops MC MC P P P P P P P
Mail-Order Stores MC MC P P P P P P P
Marijuana Cultivation
Marijuana Delivery
Marijuana Dispensary
Marijuana
Manufacturer
Marijuana Testing
Laboratory
Medical/X-Ray
Equipment (Sales
Only)

P P P P P P P
Music Sales P P P P P P P P P
Newsstands (On
Private Property)

P P P P P P P P P
Nurseries (Indoor
Garden Retail Sales)
MC P P P P P P P P 26
Nurseries (Outdoor
Garden Retail Sales)

C C C C C C C C
Office
Equipment/Supplies
C P P P P P P P P 26
Paint/Wallpaper Sales MC P P P P P P P P 26
Patio/Outdoor Furniture
Sales
MC P P P P P P P P 26
1348
Pawn Shops C C C C C C C
Pet Shops MC MC MC MC MC MC MC MC MC
Pet Supply Stores MC P P P P P P P P 26
Photographic
Equipment Sales
MC P P P P P P P P 26
Pottery (Retail Sales
with Small Production)
MC P P P P P P P P 26
Shoe Stores (Retail
Sales and Repair)

P P P P P P P P P
Smoke or Tobacco
Shops
C C C C C 1
Specialty Food Stores P P P P P P P P P
Sporting Goods (Retail
Sales)
MC P P P P P P P P 26
Stationery Stores P P P P P P P P P
Surfboard (Custom
Manufacturing)

C C C C C C C
Swimming Pool
Accessory Shops
MC P P P P P P P P 26
Tailors/Dressmakers P P P P P P P P P
Use Zones

2. Hospital
Uses
NC

1.1 NC

1.2 NC

1.3 NC
2 NC
3 CC
1 CC
2 CC
3 CC
4 RMF
1 NOTE
Ambulance
Services

C C C C
Accessory Uses
to Hospital (e.g.
laboratories,
medical offices,
florists, and
parking lots).

P 2
Hospital C
Specialty
Hospital
C
Use Zones

3. Lodging NC

1.1 NC

1.2 NC

1.3 NC
2 NC
3 CC
1 CC
2 CC
3 CC
4 RMF
1 NOTE
Bed and
Breakfast Inns:
3 1349
a. Five or
Fewer Guest
Rooms

P P P P P P P P
b. Six to 10
Guest Rooms

MC MC MC MC MC MC MC MC
c. Over 10
Guest Rooms

C C C C C C C C
Hotel and
Ancillary Uses

C C C C C C C C
Motels C C C C C C C C
Timeshares C C C C C C C C
Use Zones

4. Personal
Services
NC

1.1 NC

1.2 NC

1.3 NC
2 NC
3 CC
1 CC
2 CC
3 CC
4 RMF
1 NOTE
Barber, beauty,
nail, and
tanning services

P P P P P P P P P
Body Art
Establishments
1 Body Piercing
Studios
P P P P P P P P P 1
Tattoo Parlors P P P P P P P P P 1
Use Zones

5. Professional
Offices,
Financial
Institutions and
Related Uses
NC

1.1 NC

1.2 NC

1.3 NC
2 NC
3 CC
1 CC
2 CC
3 CC
4 RMF
1 NOTE
Ambulance
Services (Office
Only)

P P P P P P P P P
Banks/Financial
Institutions

P P P P P P P P P
Banks/Financial
Institutions with
Drive-Through
Facilities

C C C C C P P P P
1350
Newspaper
Publication and
Office

P P P P P P P P
Employment
Agencies

P P P P P P P P
Offices, Medical P P P P P P P P P
Offices,
Professional

P P P P P P P P P
Offices,
Veterinary/Animal
Hospitals
MC P P P P P P P P 26
Secretarial
Services

P P P P P P P P P
Telemarketing
Services

P P P P P P P P
Travel Agencies MC P P P P P P P P 26
Use Zones

6. Public/Quasi
Public and
Institutional
Uses
NC

1.1 NC

1.2 NC

1.3 NC
2 NC
3 CC
1 CC
2 CC
3 CC
4 RMF
1 NOTE
Churches C C C C C C C C C
Clubs/Social
Organizations

C C C C C C C C C
Congregate
Care Facilities
C C C C C C C C 4
Convalescent
Homes

C C C C C C C C
Day Care
Facilities:
5 a. SmallFamily Day
Care Home
P P P P P P P P P 6
b. LargeFamily Day
Care Home
P P P P P P P P P 6
c. Day Care
Centers

C C C C C C C C C
Group
Instruction

MC MC MC MC MC MC MC MC MC
Group
Counseling
C C 7
1351
Libraries P P P P P P P P P
Parking Lots MC MC MC MC MC MC MC MC MC 8
Parking
Structures

C C C C C C C C C
Parks O O O O O O O O O 9
Public Utilities: 10
a. City-Initiated
Projects

O O O O O O O O O O
b. Projects
Initiated by
Outside
Agencies:
i. Major
Utilities

C C C C C C C C C C
ii. Minor
Utilities

P P P P P P P P P P
Schools, Public
and Private

C C C C C C C C C
Transportation
Facilities

C C C C C C C
Use Zones

7. Residential
Uses
NC

1.1 NC

1.2 NC

1.3 NC
2 NC
3 CC
1 CC
2 CC
3 CC
4 RMF
1 NOTE
Qualified
Affordable
Housing
Development
Projects
P P P P P P 11,
25 Senior Housing
Projects
P P P P C P C P 11,
12,
25 Use Zones

8. Restaurants
and bars
NC

1.1 NC

1.2 NC

1.3 NC
2 NC
3 CC
1 CC
2 CC
3 CC
4 RMF
1 NOTE
Bars, cocktail
lounges (with or
without dancing
and/or
entertainment)

C C C C C C C C C
1352
Microbreweries
(with limited
production up to
5,000 barrels
and tasting
room) as
defined in
Section 17.88

C C C C C C C C C
Taprooms as
defined
in Section 17.88

C C C C C C C C C
Restaurants
without a drivethrough

P P P P P P P P P
Restaurants
with drivethrough
C C C C C C C C 13
Use Zones

9. Unclassified
Uses
NC

1.1 NC

1.2 NC

1.3 NC
2 NC
3 CC
1 CC
2 CC
3 CC
4 RMF
1 NOTE
Accessory Buildings C C C C C C C C C C
Alcohol Beverage
Sales Concurrent
with Motor Vehicle
Fuel-Convenience
Store Sales
C C C C C C C C C 14
Amusement Centers C MC MC MC MC MC MC MC MC 15
Animal Grooming
Shops
MC P P P P P P P P 26
Bowling Alley C MC MC MC MC MC MC MC MC
Drive-Thru Facilities,
When in Conjunction
with a Use Permitted
or Conditionally
Permitted in this
Zone

C C C C C C C
Grading, Not
Accompanying a
Development
Request:
16 a. Emergency P P P P P P P P P P
b. Major C C C C C C C C C C
1353
c. Minor P P P P P P P P P P
Health/Fitness/Sports
Clubs and Facilities

C C C C C C C C C
Massage C C C C C C C 17
Accessory Massage MC MC MC MC MC MC MC MC MC 17
Mortuaries C C C C C C C
Pool Halls C C MC MC MC MC MC MC MC 18
Recycling Facilities: 19
a. Reverse Vending
Machines

P P P P P P P P P
b. Small Collection C P P P P P P P P 26
c. Large Collection C C C C C C C
Theaters C C MC MC MC MC MC MC MC
Urban Private
Storage
Wine Tasting (Only
as an Accessory Use
to establishments
selling wine or wine
related products as a
primary use)

MC MC MC MC MC MC MC MC MC
Use Zones

10. VehicleRelated UsesNC

1.1 NC

1.2 NC

1.3 NC
2 NC
3 CC
1 CC
2 CC
3 CC
4 RMF
1 NOTE
Car Washes C C C C C C C 24
Service Stations C C C C C C C C C 22
Vehicle Parts
Stores

P P P P P P P
Vehicle
Dealerships
C C C C C C C 23
Vehicle Sales
[fewer than 10
vehicles on site]
MC MC MC MC MC MC MC 23
Vehicle Sales
[10 or more
vehicles on site]
C C C C C C C 23
Vehicle Rental
[5 or fewer
vehicles on site]
P P P P P P P 23
1354
Vehicle Rental
[6 or more
vehicles on site]
MC MC MC MC MC MC 23
Vehicle Service
and RepairRelated
Facilities/Vehicle
Repair, Minor or
Major
C C C C C C C 24
Footnotes:

1. Refer to Chapter 17.28, Special Uses, of this title for special provisions for the referenced land use.

2. Refer to Section 17.28.220, Parking Lots, of this title, for special provisions for single-use parking lots.

3. Refer to Section 17.28.090, Bed and Breakfast Inns, of this title, for special provisions for bed and breakfast inns.

4. Refer to Section 17.28.110, Congregate Care Facilities of this title for special provisions for congregate care facilities.

5. Refer to Section 17.28.100, Child Day Care Facilities, this title, for special provisions for day care facilities.

6. Small-family and large-family day care homes are permitted in a detached singlefamily dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multi-family dwelling in which the underlying zoning allows for residential uses, or a legal non-conforming single-family dwelling unit in a nonresidential zone. Smallfamily and large-family day care homes only shall operate in buildings that were lawfully constructed.

7. A group-counseling use is conditionally permitted in an RMF 1 zone only if it is integrated into, and secondary in nature to, a Hospital facility. The group-counseling use must serve the primary use of the site as a general Hospital that serves the broader community.

8. Refer to Section 17.28.220, Parking Lots, of this title, for special provisions for parking lots.

9. Refer to Section 17.28.230, Public Park Facilities, of this title for review requirements for parks.

10. Refer to Section 17.28.240, Public Utilities, of this title, for special provisions for public utilities.

11. Qualified Affordable Housing Developments and Senior Housing Projects are permitted uses in the subject zoning district only if the property is located within the Housing Overlay. Refer to Section 17.56.090, Housing Overlay, for projects in Commercial Zones of this title, for special provisions. 1355

12. Refer to Section 17.28.280, Senior Housing Projects, of this title, for special provisions for senior housing projects.

13. Refer to Section 17.28.260, Restaurants, Drive-In, Drive-Through, of this title, for special provisions for drive-in/drive-thru restaurants.

14. Refer to Section 17.28.040, Alcoholic beverages and motor vehicle fuel, concurrent sale of, of this title, for special provisions for concurrent sales of motor fuel and alcoholic beverages.

15. Refer to Section 17.28.050, Amusement Centers, of this title, for special provisions for arcades/amusement centers.

16. Refer to Section 17.28.130, Grading, of this title, for special provisions for grading requests that are not accompanying development requests.

17. Massage is subject to Section 5.28 of the City of San Clemente Municipal Code.

Refer to Section 17.28.185, Massage Establishments, of this title, for special provisions for massage establishments and accessory massage establishments.

18. The provisions for amusement centers shall apply to poolhalls. Please refer to Section 17.28.050, Amusement Centers, for special provisions for amusement centers.

19. Refer to Section 17.28.250, Recycling Facilities, of this title, for special provisions for recycling facilities.

20. Refer to Section 17.28.290, Service Stations, of this title, for special provisions.

21. Refer to Section 17.28.310, Vehicle Dealerships, Rental, and Sales of this title, for special provisions for vehicle dealerships.

22. Refer to Section 17.28.320, Vehicle Service and Repair-Related Facilities, of this title, for special provisions.

23. Refer to Section 17.28.310, Vehicle Dealerships, Rental, and Sales of this title, for special provisions for vehicle dealerships.

24. Refer to Section 17.28.320, Vehicle Service and Repair-Related Facilities, of this title, for special provisions.

25. Qualified Affordable Housing Developments, Senior Housing, and Market Rate Residential projects seal not be allowed to convert existing hotel/motel uses which have provided lower cost visitor serving accommodation in the last five years, unless the project provides equivalent new lower cost visitor serving accommodation or unless required to be approved pursuant to State law.

26. Subject uses proposed on NC1.2 zoned properties adjacent to Residential Zones require a Minor Conditional Use Permit, in accordance with Section 17.16.070, Minor Conditional Use Permits, of this title.
1356
Section 4 Section 17.24.180 is amended to read in its entirety as follows:

17.24.180 Retaining Walls.

A. Purpose and Intent. In a community with sloping topography, retaining walls are often necessary to create developable or usable areas. The purpose and intent of this section is to establish standards that allow for retaining walls, while limiting their visual and traffic impacts. The purpose of a stricter height limit in the front yard is to provide for an open street scene, to allow the primary structures on a street to be visible and to contribute to the visual character of the neighborhood, and to allow for unobstructed views of traffic to and from driveways. The standards are also meant to minimize the height of retaining walls and their impacts upon adjacent structures.

B. Standards for Retaining Walls in All Zones.

1. Construction and Maintenance. Retaining walls shall be constructed and maintained so that they do not constitute a hazard to traffic, persons or property.

2. Measuring Height. The height of retaining walls shall be measured from the lower side of finished grade to the top of the retaining wall.

3. Landscaping. There shall be a minimum of a two-foot-deep area at the base of retaining walls in the following areas that shall be planted consistent with landscape standards in Section 17.68.040:
a. Front Yard Setbacks.
b. Street-Side Yard Setbacks.
c. Within Inland Canyon (IC) Overlays or Coastal Canyon Setbacks. d. Within 10 feet from Open Space zones or open-space easements.

C. Standards for Retaining Walls in Nonresidential Zones. The height limit, design, materials, stepping, and other retaining wall features of retaining walls are reviewed and approved through an architectural review process with the required approval of a Development Permit (Section 17.16.100), or a Cultural Heritage Permit (Section

17.16.110) for historic resources and landmarks on the City's designated historic resources and landmarks list.

D. Standards for Retaining Walls in Residential Zones. Unless otherwise provided for in the applicable zones, the following standards shall apply to retaining walls and to all structural elements supporting the retaining walls, including pilasters, trellises, etc. In addition to the regulations set forth in this section, all retaining walls shall be constructed and maintained so that they do not constitute a hazard to traffic, persons, or property.

1. Height Limits. The maximum height limits for residential retaining walls are shown in Table 17.24.180, Height Limits for Residential Retaining Walls, below.
1357
Table 17.24.180
Height Limits for Residential Retaining Walls
Area of Lot Maximum Height Limit
Front Yard
Setback
Area
3 ft. 6 in.

Interior Side
Yard
Setback
Area
6 ft., except when the retaining wall faces toward the subject property, in which case the retaining wall shall not exceed 8 ft. 6 in. in height.

Street-Side
Yard
Setback
Area
Reverse corner lot 3 ft. 6 in. Corner lot: Within 5 ft. of street-side property line: 3 ft. 6 in. Remaining width of the street side yard: 6 ft.

Rear Yard
Setback
Area
6 ft., except when the retaining wall faces toward the subject property, in which case the retaining wall shall not exceed 8 ft. 6 in. in height.

Other Areas
of Lot
6 ft., except when the retaining wall faces toward the subject property, in which case the retaining wall shall not exceed 8 ft. 6 in. in height.

2. Stepping of Retaining Walls. A number of retaining walls (stepping) may be constructed to substitute for one tall retaining wall if both of the following occur:
a. The height of each retaining wall must comply with the height limits of Table 17.24.180, Height Limits for Retaining Walls, above; and b. The minimum distance between any two retaining walls shall be equal to or greater than the height of the taller of the two retaining walls. The distance between the two walls shall be measured as the horizontal separation between the two closest wall faces: the back face of the downslope retaining wall and the front face of the up slope retaining wall. The distance between stepped walls inthe-bank-garages may be reduced with the approval a minor exception permit as described in Section 17.16.090, Minor Exception Permits.

3. Distance Between Retaining Walls and Other Walls, Fences, or Similar Structures. The minimum distance between a retaining wall and any other wall, fence, or similar structure shall be equal to or greater than the height of the taller of the two structures, measured from the back face of the retaining wall and the front face of the adjacent structure.
1358
Figure 17.24.180

4. Guardrail Requirements.
a. Guardrail Height. The height of guardrails constructed on top of retaining walls 30 inches or more in height shall be no higher than the minimum height required by the Building Code. The height is measured from the top of the retaining wall to the top of the guardrail.
b. Materials for Guardrails. Guardrails shall be designed and constructed of materials that limit visual impacts. Unless the City Planner finds it is unnecessary to limit visual impacts, any structure serving as a required guardrail and located in a front yard setback, rear yard setback (on through lots), street side yard setback (within five feet of street side property line), or in other instances where retaining walls are in a location or have a height that will have significant visual impacts, shall be designed or constructed of materials that are mostly open or transparent. Guardrails are "mostly open" when they are constructed of materials that may include, but are not limited to glass or have metal or wood pickets. The City Planner determines if the design and materials of guardrails will adequately limit visual impacts. The City Planner's decision may be appealed per Chapter 17.12.140.
c. Guardrails with Pilasters. When incorporated into guardrails required by the Building Code, pilasters shall be allowed above retaining walls as follows:
i. The maximum height of pilasters shall not exceed 42 inches as measured from the top of the retaining wall to the top of pilasters. In the case where swimming pools are proposed, the height of the 1359
pilasters shall be no higher than the minimum height required by the Swimming Pool Code.
ii. The minimum centerline distance between pilasters shall not be less than six feet when the pilaster is part of the required guardrail and not less than four feet when the pilaster is part of the required hand rail for stairways.

5. Exceptions.
a. The following exceptions are allowed with the approval of a Minor Exception Permit per Section 17.16.090, of this title.
i. An increase in the permitted height of retaining walls up to a maximum height of six feet for walls located in front yards, rear yards (on through lots), or located within five feet of street-side yard property lines.
ii. An increase in the permitted height of a retaining wall up to a maximum height of eight feet, six inches for walls not located in front yards, rear yards (on through lots), or street-side yards. b. Required Findings. In addition to the general findings required in Section

17.16.090(F), all of the following findings shall be made prior to the approval of a Minor Exception Permit to exceed the standards for retaining walls:
i. The height of the retaining wall will not be unsightly or incompatible with the character of or uses in the neighborhood;
ii. The height of the retaining wall will not have negative visual impacts upon the street scene or obstruct views of traffic to and from driveway;
iii. The additional height is necessary, given topographical constraints.

Section 5 Section 17.84.030 is amended to read in its entirety as follows:

17.84.030 Specific Regulations by Sign Type.

A. Purpose and Intent. The purpose of this section is to identify the specific sign standards relating to sign type, sign size, number of signs, height of signs, location of signs, general provisions and the Sign Permits required.

B. General Notes. The following general notes shall apply to all signs listed in the following matrix, unless otherwise indicated:

1. Signs that require Administrative or Discretionary Sign Permits are indicated in the following matrix. Other sign characteristics besides those indicated in the following matrix may also require administrative or discretionary review. 1360

2. Signs may be governed by other sections of this code and those sections shall also apply. If there is a conflict in regulations, the most restrictive shall apply.

3. Change of copy to an existing sign that is identical in sign area, sign size, sign type, location and materials requires an Administrative Sign Permit.

4. Any change to an existing sign other than a change of copy as defined above requires compliance with the provisions of this chapter. For removal of signs, refer to Section 17.84.020(H), Removal of Signs, of this chapter.

5. All temporary signs are prohibited in the public right-of-way unless otherwise authorized by this chapter.

6. All signs listed, unless exempt from both Administrative and Discretionary Sign Permits, will count towards the total allowable sign area.

7. For Master Sign Programs, see Section 17.84.020(G), Master Sign Program, of this chapter.

8. For size of signs, see Section 17.84.020(D), Sign Area Allowed, of this chapter.

9. For height of signs, see Section 17.84.020(E), Computation for Sign Height, of this chapter.

10. For signs overhanging the public right-of-way, see Section 17.84.030(E), Permanent Signs Encroaching into Public Right-of-Way, of this chapter.

11. For sign exceptions, see Section 17.16.260, Sign Exception Permits, of this title.

12. Fascia signs cannot extend more than 18 inches above the lower edge of a sloping roof.

13. Unless otherwise permitted pursuant to this chapter, no person shall display or cause to be displayed any sign on, within or over any public street or right-ofway or public property in the City.

14. Unless otherwise permitted pursuant to this chapter, no person shall display or cause to be displayed any sign on, within or over any private property in the City without the written consent of the owner, lessee or other person lawfully in possession of the property.

15. Except as expressly permitted or authorized in this chapter, all other signs are prohibited within the City.

16. Any non-commercial message may be substituted for the copy on any commercial sign that is allowed under the municipal code. 1361
Table 17.84.030A
Matrix of Sign Types
Sign Type Maximum
Number of
Signs
Permitted
Maximum
Size per
Sign
Maximum
Height
per Sign
Sign Permits
Required
Other Special
Considerations
These are
special
considerations
required for the
specific type of
sign proposed.

Address Signs 2 per unit 4 sq. ft. — None Character
Height Max:

Res: 8 in. NonRes: 1 ft.

Ancillary
Service Signs
5 per
business
2 sq. ft. per
sign
— None Ancillary service
signs must be
affixed to
building, wall,
window.

Animated
Signs
Prohibited
Arcade Signs — 64 sq. ft.
outside an
Architectural
Overlay
District, less
than 25 sq. ft.
within an
Architectural
Overlay
District
— Adm. Sign
Permit
Sign must
provide
minimum of 8 ft.
clearance
between bottom
of sign and
sidewalk.
— Between 25
sq. ft. and 64
sq. ft. within
an
Architectural
Overlay
District
— Adm. Sign
Permit, and
Discretionary
Sign Permit
ATM Signs 2 5 sq. ft. per
ATM
— Adm. Sign
Permit, in
conjunction
with Building
Permit
Signs permitted
on ATM
machine only
and may be
lighted.
1362
Sign Type Maximum
Number of
Signs
Permitted
Maximum
Size per
Sign
Maximum
Height
per Sign
Sign Permits
Required
Other Special
Considerations
Awning signs — 64 sq. ft.
outside and
Architectural
Overlay
District, less
than 25 sq. ft.
within an
Architectural
Overlay
District
— Adm. Sign
Permit
Sign must
provide
minimum of 8 ft.
clearance
between bottom
of sign and
sidewalk.

Between 25
sq. ft. and 64
sq. ft. within
an
Architectural
Overlay
District
Adm. Sign
Permit, and
Discretionary
Sign Permit
Balloon Signs Prohibited
Temporary
Banner Signs
One per
business
64 sq. ft. — Adm. Sign
Permit
See Section

17.84.030(H)
for criteria
Bed and
Breakfast
Signs: Within
a Residential
Zone
Refer to Section 17.28.090, Bed and Breakfast Inns, of this title Bed and
Breakfast
Signs: Outside
a Residential
Zone
Refer to specific sign type proposed
Blade Signs One (1) per
tenant street
and
pedestrian
way frontage;
no more than
two (2) per
tenant (See
Section

17.84.030(G))
Six (6)
square feet
Fifteen (15)
feet from
ground to the
top of sign
Adm. Sign
Permit
See Section

17.84.030(G)
for Criteria
1363
Sign Type Maximum
Number of
Signs
Permitted
Maximum
Size per
Sign
Maximum
Height
per Sign
Sign Permits
Required
Other Special
Considerations
Blinking,
Flashing Signs
Prohibited
Business
Directory
Signs
1 freestanding
sign per
street
frontage
Freestanding
sign: 24 sq. ft
6 ft. Adm. Sign
Permit, and
Discretionary
Sign Permits
for wall
mounted
business
directory
signs 25 to 64
sq. ft. within
an
Architectural
Overlay
District
Nameplates
indicating only
the tenant and
suite are
exempt from
these
requirements.

Residential
directory signs
are exempt
from this
requirement.
1 wall sign
per public
entrance into
building
Wall sign: 64
sq. ft.
—
Canopy Signs — 64 sq. ft.
outside an
Architectural
Overlay
District, less
than 25 sq. ft.
within an
Architectural
Overlay
District
— Adm. Sign
Permit
Sign must
provide
minimum of 8 ft.
clearance
between bottom
of sign and
sidewalk.

Between 25
sq. ft. and 64
sq. ft. within
an
Architectural
Overlay
District
— Adm. Sign
Permit, and
Discretionary
Sign Permit
Commercial
Mascot Signs
Prohibited
Construction
Signs
1 per street
frontage
12 sq. ft.
within a
residential
4 ft. within
a
residential
None Signage may
only be
displayed when
1364
Sign Type Maximum
Number of
Signs
Permitted
Maximum
Size per
Sign
Maximum
Height
per Sign
Sign Permits
Required
Other Special
Considerations
zone
24 sq. ft.
within a
nonreside
ntial zone
zone
6 ft. within
a
nonresidential zone
building
permits are
active for the
construction
project.

Directional
Signs
— — — None Cannot contain
advertising.

Drive-Up
Menu Board
Signs for
Drive-Up Food
Service
2 per site 32 sq. ft. 6 feet Adm. Sign
Permit Menu
board signs
require a
Conditional
Use Permit
Menu board
and speakers
shall be
oriented away
from residential
uses and from
public right-ofway.

Fascia Signs — 64 sq. ft. — Adm. Sign
Permit, and
Discretionary
Sign Permit
for signs 25 to
64 sq. ft.
within an
Architectural
Overlay
District
Flags 3 per site or
building
40 sq. ft. per
flag
Flag pole
may not
exceed the
height of the
zone in which
it is located
None Flag pole may
require a
Building Permit.

Flag Signs 1 per site or
building
40 sq. ft. per
flag sign
Flag pole
may not
exceed the
height of the
zone in which
it is located
Adm. Sign
Permit
May only be
authorized
temporarily in
association with
an approved
temporary use
permit or
special event
Freestanding
Signs
Refer to specific sign type
1365
Sign Type Maximum
Number of
Signs
Permitted
Maximum
Size per
Sign
Maximum
Height
per Sign
Sign Permits
Required
Other Special
Considerations
FreewayOriented Signs Prohibited (regardless of size or height) FreewayVisible Sign As
determined
through the
Discretionary
Sign Permit
process
Consistent
with Section

17.84.020(D),
and subject
to the
Discretionary
Sign Permit
process
Consistent
with Section

17.84.020(D),
and subject
to the
Discretionary
Sign Permit
process
Discretionary
Sign Permit,
and
Administrative
Sign Permit
A Discretionary
Sign Permit is
required to
ensure that the
Freeway-Visible
Sign does not
become a
FreewayOriented Sign.

Garage Sale
Signs
1 per site 4 sq. ft. — None Must be posted
on site and
removed no
later than the
day after the
sale. No off-site
signs allowed.

Grand
Opening Signs
1 per site 4 sq. ft. — Adm. Sign
Permit
Will not count
toward banner
allowance
during calendar
year.

May be
displayed for a
maximum of 30
days.

The application
for a Temp.

Banner Permit
must
accompany a
new business
license
application or
new certificate
of occupancy.

Hand Held
Signs
Prohibited
Marquee
Signs
1 per building
frontage
64 sq. ft. The sign
shall not
exceed the
Adm. Sign
Permit, and
Discretionary
Marquee signs
may be allowed
for uses such
1366
Sign Type Maximum
Number of
Signs
Permitted
Maximum
Size per
Sign
Maximum
Height
per Sign
Sign Permits
Required
Other Special
Considerations
height of the
building upon
which the
sign is
located.

Sign Permit
for marquee
signs 25 to 64
sq. ft. within
an
Architectural
Overlay
District
as
entertainment,
churches,
temples or other
similar uses that
require
interchangeable
copy.

Model Home
Complex
Signs
Determined
through the
Conditional
Use Permit
process for
model home
complex,
maximum 3
flags per
model
Determined
through the
Conditional
Use Permit
process
15 ft. for flag
signs
Adm. Sign
Permit
Signs must be
removed upon
buildout of
subdivision.

Signs for model
home complex
shall also
require a
Conditional Use
Permit.

Monument
Signs
1 monument
sign per
street
frontage. 1
additional
sign for sites
with more
than 150 ft. of
street
frontage
64 sq. ft. 10 ft. Adm. Sign
Permit, and
Discretionary
Sign Permit
for monument
signs which
are: over 6
feet in height
up to 10 feet,
over 24 sq. ft.
(per face) for
a singletenant
monument
sign, over 32
sq. ft. (per
face) for a
multi-tenant
monument
sign
Only 1 sign face
of a monument
sign shall count
towards overall
sign allowance
for site.

Moving,
Revolving
Signs
Prohibited
1367
Sign Type Maximum
Number of
Signs
Permitted
Maximum
Size per
Sign
Maximum
Height
per Sign
Sign Permits
Required
Other Special
Considerations
Mural Maximum of
one mural per
legal parcel,
or one mural
per building,
whichever is
more
restrictive.

Mural area is
not to exceed
a single wall
plane.

Shall not
exceed the
maximum
height of the
zone or
exceed the
height of the
structure on
which it is
applied,
whichever is
more
restrictive
Mural Permit Materials or
paint shall be
weatherproof or
resistant to
wear.

May only be
permitted in
non-residential
zones.

Shall not
include
integrated
illumination,
electrical, or
moving
components but
may be
illuminated by
non-integrated
light.

Permit expires
two years from
issuance, at
which time, a
new permit may
be obtained or
the mural
removed.

The mural shall
be properly
maintained
through repair,
paint. or any
necessary
treatment, so as
to prevent
decay.

Defective or
insufficient
weather
protection for
exterior
1368
Sign Type Maximum
Number of
Signs
Permitted
Maximum
Size per
Sign
Maximum
Height
per Sign
Sign Permits
Required
Other Special
Considerations
treatments and
facades,
including faded
paint or
materials and
graffiti, shall be
promptly
addressed, and
repaired or
stabilized to
prevent further
deterioration.

Noise Making
or Audible
Signs, Except
for Drive-Up
Menu Boards
Prohibited
Nonpermanent
Vehicle Signs,
Including
Semitrailers
Prohibited
Off-Site Signs Prohibited
Open House
Signs
1 sign on site
plus 5 off-site
directional
signs.

Maximum of
1 sign per
intersection
directing
traffic in same
direction
4 sq. ft. 4 ft. None Open house
sign shall be
allowed only
while the open
house is in
progress,
cannot remain
over night,
cannot be
affixed to any
public above
ground
structure (such
as utility poles)
cannot be
placed in the
public right-ofway and cannot
interfere with
traffic.
1369
Sign Type Maximum
Number of
Signs
Permitted
Maximum
Size per
Sign
Maximum
Height
per Sign
Sign Permits
Required
Other Special
Considerations
Permanent
Mounted
Vehicle Signs
1 per side, 2
sides
maximum
64 sq. ft. — None Sign must be
painted on the
vehicle and the
vehicle must be
licensed and
operable.

Project
Identification
Signs
Project
Identification
signs shall be
reviewed
through a
Discretionary
Sign Permit
process.

Residential
Permanent
Subdivision/
Apartment
Complex
(5 or more
units)/
Mobile home
park Signs
2 per
entrance from
public rightof-way
24 sq. ft. 6 ft. Adm. Sign
Permit
NonResidential 2 per
entrance from
public rightof-way
64 sq. ft. 6 ft. Adm. Sign
Permit
Pole Signs 1 per site 64 sq. ft. 15 ft. Adm. Sign
Permit, and
Discretionary
Sign Permit
Portable Signs Maximum of
1 sign per
business, and
a maximum 2
signs per
building for
multi-tenant
buildings
6 sq. ft. per
side, 2 sides
maximum
4 ft. for
portable
signs not
flush against
building. 6 ft.
for portable
signs flush
against the
building
Adm. Sign
Permit
Refer to
portable sign
Section

17.84.030(D),
Portable Signs.

Sign cannot
encroach into
public right-ofway.
1370
Sign Type Maximum
Number of
Signs
Permitted
Maximum
Size per
Sign
Maximum
Height
per Sign
Sign Permits
Required
Other Special
Considerations
Projecting
Signs
1 per
business
64 sq. ft. — Adm. Sign
Permit, and
Discretionary
Sign Permit
for signs 25 to
64 sq. ft.
within an
Architectural
Overlay
District
Sign must
provide
minimum of 8 ft.
clearance
between bottom
of sign and
sidewalk.

Cannot project
more than 2 ft.
from wall to
which it is
affixed.

Real Estate
Signs:

Other than
Open
House Signs
1 per
building or
site
24 sq. ft. if
within a
commercial zone.
12 sq. ft. if
within a
residential
zone
Freestanding
sign: 6
feet
None Cannot be
lighted; must
be located onsite; sign
area of the real
estate
sign shall not
count
towards total
sign area
permitted for
the site.

Signage may
only be
displayed when
real
estate is
actively on
market for sale,
lease, or
rent.

Recycling
Facility Signs
Refer to Section 17.28.250, Recycling Facilities, of this title.

Roof-Mounted
Signs
Prohibited
Security Signs 1 per unit 2 sq. ft. — None
Service
Station Signs
Canopy sign:
2 signs
maximum
and 1 sign
24 sq. ft. — Adm. Sign
Permit, and
Discretionary
Sign Permit
Price signs
regulated by
State.
1371
Sign Type Maximum
Number of
Signs
Permitted
Maximum
Size per
Sign
Maximum
Height
per Sign
Sign Permits
Required
Other Special
Considerations
maximum per
elevation
Spanner sign:
1 per pump
island (may
be 2-sided)
24 sq. ft. —
Monument
sign: 1 per lot
frontage
32 sq. ft. 6 ft.

Pole sign: 1
per site
32 sq. ft. 15 ft.

Shingle Signs — 64 sq. ft.
outside an
Architectural
Overlay
District, less
than 25 sq. ft.
within an
Architectural
Overlay
District
— Adm. Sign
Permit
Sign must
provide
minimum of 8 ft.
clearance
between bottom
of sign and
sidewalk.

Between 25
sq. ft. and 64
sq. ft. within
an
Architectural
Overlay
District
Discretionary
Sign Permit
Snipe Signs Prohibited
Special Event
Signs
— — — Adm. Sign
Permit
Shall not be
installed 30
days prior to the
event, and shall
be removed
within 2 days
after event.

Cannot create a
traffic hazard.

Umbrella Sign — — 1′ copy Adm. Sign
Permit
Umbrellas shall
be made of fireretardant
material.
1372
Sign Type Maximum
Number of
Signs
Permitted
Maximum
Size per
Sign
Maximum
Height
per Sign
Sign Permits
Required
Other Special
Considerations
Copy area shall
not count
towards overall
sign area for
business and
site.

Wall Sign — 64 sq. ft. — Administrative
Sign Permit
Discretionary
Sign Permit
for signs 25 to
64 sq. ft.
within an
Architectural
Overlay
District
Wall signs must
be permanently
affixed to the
building.

Wind Driven
Signs
Prohibited
Window Sign
Under 25% of
Individual
Window
— Less than
25% of
individual
window
— None
Over 25% of
Individual
Window
— 64 sq. ft. — Administrative
Sign Permit
C. Portable Signs. Portable signs, excluding banner signs, shall be allowed for businesses subject to the following:

1. Design of Portable Signs.
a. The portable sign shall be hand-crafted in appearance. b. Acceptable materials may include, but not be limited to, metal, painted wood, plastic, ceramics, or other similar durable materials. Paper, light cloth, exposed or unpainted wood and particle board are prohibited. c. Portable signs cannot be lighted.
d. Portable signs shall be well maintained.
e. The sign area of a portable sign shall not count towards the total sign area permitted for business or building.

2. Location of Portable Signs.
1373
a. Portable signs must be located immediately adjacent along the business storefront and in close proximity to the main public entrance of the business advertised.
b. At no time shall portable signs be placed within any landscaped area. c. The portable sign must be able to be easily carried and transported, not permanently affixed to the street, sidewalk, wall, awning, public fixtures, or other similar public improvements.
d. The portable sign may remain outside only during those hours the business is open.
e. The portable sign shall be located outside the public right-of-way. f. The portable sign cannot interfere with pedestrian or vehicular traffic or parking.
g. The portable sign cannot pose a safety threat.

D. Permanent Signs Encroaching into Public Right-of-Way. The following permanent sign types may be allowed to encroach into the public right-of-way when all of the following standards are complied with:

1. Maximum Encroachment.

Table 17.84.030B
Maximum Encroachments of Permanent
Signs into the Public Right-of-Way
Sign Type Maximum Encroachment into Public Right-of-Way Arcade 24″
Awning 48″
Canopy 48″
Shingle 24″
Fascia 12″
Marquee 12″
Projecting 24″
Wall 12″

2. The sign must be permanently affixed to the building it serves.

3. The sign shall not create a traffic hazard for pedestrians or vehicles.

4. The sign shall not extend beyond the edge of sidewalk or curb adjacent to the street.

5. The sign shall maintain a minimum of eight feet vertical clearance between the sidewalk and bottom of the sign.
1374

6. The owner of the sign encroaching into the public right-of-way shall be required to enter into an agreement with the City that indemnifies the City from all liability associated with the sign that encroaches.

7. For temporary banners over the public right-of-way refer to temporary banner sign policy.

E. Temporary Signs.

1. Unpermitted Temporary Signs Found in the Right-of-Way. Any unpermitted temporary sign found to be on or over any public street or right-of-way shall promptly be removed and confiscated by the designated official of the City. If a confiscated temporary sign advertises or relates to a specific event, the City will retain it for 10 days after the event ends. If the sign does not advertise or relate to a specific event, the City will retain it for 45 days from the date of confiscation.

2. A sign's owner or the sign owner's agent may reclaim a confiscated sign by paying a storage fee to the City of $10.00 per sign. The person reclaiming the sign must sign a receipt indicating that the person is either the owner or the owner's agent. Any sign not reclaimed by the end of the applicable retention period will be destroyed.

F. Signs on Vacant or Unimproved Property. Before placing a sign on vacant or unimproved property, each of the following must be satisfied:

1. The sign owner must file with the City Clerk a written form signed by the owner, lessee, or other person lawfully in possession of the property consenting in writing to the placement of the sign and agreeing to be responsible for removal within the applicable time period; and

2. The sign must be located a minimum of three feet behind the sidewalk or, if no sidewalk exists, a minimum of eight feet behind the back of the curb or edge of the roadway; and

3. If the sign relates to a specific event, the sign must be removed within three days after the event ends; and

4. The sign must comply with all other design criteria established by this code.

G. Blade Signs. Blade signs shall be allowed for businesses in the A-O District subject to the following criteria:

1. Design of Blade Signs.
a. The blade sign shall be hand-crafted in appearance.
b. Three-dimensional blade signs are encouraged.
c. Acceptable sign materials may include, but not be limited to, metal, painted wood, plastic, ceramics, or other similar durable materials. Paper, light cloth, exposed or unpainted wood and particle board are prohibited. d. Sign supports, brackets and standards shall be made of wood and/or wrought iron. They may be painted or carved.
1375
e. Blade signs shall have a maximum thickness of not more than six inches. f. Blade signs shall be well maintained.
g. The sign area of a blade sign shall not count towards the total sign area permitted for business or building providing all existing signage is in conformance with the Sign Code.
h. Blade signs meeting the design criteria of this section may be added to buildings which are subject to a Master Sign Program, per Section

17.84.020(G), and shall not require modification or amendment to such Master Sign Program, so long as the Master Sign Program has been implemented and all existing signs on the building are in accordance with that Master Sign Program.
i. Blade signs shall not be illuminated except as provided for in other discretionary processes.

2. Location of Blade Signs.
a. A total of two blade signs per tenant shall be permitted, although only one blade sign shall be permitted per tenant street frontage; the other shall be permitted per tenant frontage along a pedestrian way, arcade, paseo or courtyard, all of which must be internal to the project. b. A blade sign must provide a minimum of eight-foot clearance between the bottom of the sign and the ground.
c. A blade sign may project a maximum of four feet from the wall of a building.

H. Temporary Banner Signs. Temporary Banner Signs shall be allowed for businesses city-wide, excluding home-occupations.

1. Temporary Banner Sign Criteria.
a. Each business shall be permitted a maximum of one temporary banner sign per business at any given time.
b. The temporary banner sign cannot exceed 64 square feet. A temporary banner sign will not count towards a business's total sign area allowance. c. The temporary banner sign shall be placed on-site and flush on the building. These banners are prohibited in the following locations: city rightof-way, free-standing walls, fences or other areas or fixtures not part of the business's primary structure; other locations as determined by the City Planner to be inconsistent with the intent of this section. No portion of the temporary banner sign shall be free-hanging and all corners of the banner shall be secured to the building.
d. Temporary banner signs shall be constructed of cloth, canvas, fabric, plastic or other similar durable material.
e. The temporary banner sign shall be maintained in good condition, free of any defects, including cracking, torn or ripped material, or faded copy. 1376
f. Each business may have up to four permits per calendar year. Each permit allows the display of a banner sign up to 30 calendar days.

Renewals of permits are allowed, but in no case shall a business display a temporary banner for more than 120 days per calendar year. Banners may be replaced during the authorized period so long as they are the same or smaller size and installed in the approved location. These provisions are to ensure temporary banner signs are not used as permanent display or inlieu of permanent signs for the business.

Section 6 The preface to Section 17.88.030 and the following definitions in Section

17.88.030 are hereby amended as follows, with strike-through text representing deletions, and underline text representing additions, and the remaining portions of Section 17.88.030 remaining unaltered:

17.88.030 Definitions.

In cases where a term is not defined below, the City Planner has In cases where a term is not defined below, the City Planner has authority to use Merriam-Webster Dictionary or other similar reference to define the meaning of terms, and to interpret terms that may influence decisions.

L
“Landscaping, Vertical” means plants growing upward on a vertical surface, such as a wall, structure, or building façade. Examples of vertical landscaping include, living walls, tower gardens, trellised vining plants, pallet gardens, and hanging gardens.

Signs:
"Wind-driven sign" means a single or series of pennants or other similar objects which are fastened together at intervals by wire, rope, cord, string or by any other means and which are designed to move and attract attention upon being subjected to pressure by wind or breeze. For example, feather banners, streamers, and inflatable components.

Certain fFlags and flag signs mayare not beconsidered a wind-driven sign. 1377
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: May 19, 2026 Agenda Item: 11E.
1378
Cal Cities Action Alert
Appropriations Committees
Action Requested: Call the Senate and Assembly Appropriations Committees ASAP to support or oppose Cal Cities’ priority bills. Links to each bill, including sample letters, are also included in the summaries below. Asterisks indicate a Cal Cities-sponsored bill.

Background: The Legislature moves all bills with fiscal implications through the Appropriations Committees twice a year, which will determine if a bill is heard on the floor of either house. If you have any questions, please contact your regional public affairs manager.

ASSEMBLY APPROPRIATIONS COMMITTEE
Call the Assembly Appropriations Committee Today!

SUPPORT BILLS
*AB 1708 (Solache) HHAP Pathways for Cities Act.

This measure would increase access to state homelessness funding for cities with populations under 300,000.
*AB 1866 (Rogers) California Disaster Assistance Act: minimum damages thresholds.

This measure would ensure that the state considers local agencies that do not qualify for federal disaster aid (FEMA) when allocating assistance after a state-declared emergency. *AB 1941 (Gonzalez, M.) Organized Metal Theft.

This measure would increase organized metal theft penalties to a misdemeanor or a felony.

AB 1942 (Bauer-Kahan) E-Bike: Registration and License Plates.

This measure would require Class 2 and 3 e-Bikes to be registered with the Department of Motor Vehicles to be issued a license plate that must be affixed to the rear of the bicycles.

AB 1961 (Ahrens) Civil Actions: Protective Orders: Workplace Violence.

This measure would provide employers with tools to address threats targeting employees.

The measure would not require public agencies to implement a new program or higher level of service, but would allow agencies to respond to workplace threats. *AB 2296 (Papan) Planning and zoning: housing element: regional housing needs allocation.

This measure would provide cities with the ability to begin their housing elements six months earlier than the existing law and provide greater certainty in the review process. *AB 2517 (Calderon) Fire safety: Fire Hazard Severity Zone (FHSZ) maps.

This measure would improve the FHSZ designation process conducted by the state to ensure consistent and timely updates for local FHSZ maps to inform wildfire mitigation efforts.

AB 2640 (Hadwick) Commission on State Mandates: state mandates.

This measure will authorize the State Controller to allow a local government to offset any reduced reimbursement from other unpaid reimbursement claims, preventing the state from clawing back funds while still owing debts to that same local government.

Agenda Item: 11E
1379

OPPOSE BILLS
AB 1564 (Ahrens) Employer-Employee Relations: Confidential Communications.

This measure would restrict a public employer’s ability to conduct internal investigations to the detriment of employees’ and the public’s safety, adding new costs and liability.

AB 1820 (Schiavo) Electric Vehicle Charging Station: Fees.

This measure would establish caps on fees that a city may recover in costs when permitting residential and commercial EVCS projects.

AB 2170 (Boerner) California Environmental Quality Act: notices and hearings: translations.

This measure would require written translation of CEQA project notices and oral translation for CEQA hearings, where, if there is a misinterpretation by the public, the public agency’s decision would be invalidated.

SENATE APPROPRIATIONS COMMITTEE
Call the Senate Appropriations Committee Today!

SUPPORT BILLS
SB 936 (Blakespear) Nitrous Oxide.

This measure would prohibit the sale and distribution of a nitrous oxide container that can hold more than 8 grams of nitrous oxide, any device that allows nitrous oxide to be inhaled for recreational purposes, and the sale of food flavored and scented nitrous oxide.

SB 1167 (Blakespear) E-Bikes: Reclassification.

This measure would reclassify higher speed e-bikes as mopeds and impose retail and manufacturing requirements when advertising e-bikes.

OPPOSE BILLS
SB 866 (Blakespear) Housing Element Mandate: Homelessness.

This measure would require all but 14 cities in the state to add extensive and burdensome homelessness reporting requirements to their housing elements. This bill would specifically target cities that do not have direct access to state homelessness funding.

SB 1013 (Cervantes) Automatic License Plate Readers (ALPR).

This measure would prohibit local agencies from sharing information obtained through an ALPR with any federal law enforcement agency and require public agencies to only hold data for 30 days if the infraction is not on a HOT list. Cal Cities is opposed unless amended.

SB 1319 (Durazo) California Public Records Act (CPRA): Public Investment Funds.

This measure would significantly expand the information subject to disclosure under the CPRA related to public pension funds’ investments in alternative investment vehicles. In doing so, this measure would substantially limit investment options for CalPERS, CalSTRS, and county retirement systems and ultimately raise annual contribution costs for all California public agencies and their employees.
1380
Bill Talk: The ones to act on in appropriations
A weekly update from Cal Cities, sorting through the state bill buzz By Cal Cities Staff
Next week is the first set of appropriations hurdles for lawmakers. For the next two weeks, we’re focusing on the biggest bills sitting on the state’s fiscal chopping block. This week, we’re highlighting six bills sponsored by Cal Cities, which cover everything from state homelessness funding to fire hazard maps, along with a few other top Cal Cities priorities.

Assembly Appropriations will meet on May 6; Senate Appropriations will meet on May 4 and May 11. Any measures with an estimated cost of at least $50,000 will go on the committees’ suspense files for further (lightning fast) consideration. Those bills must pass off suspense by May 15 to advance.

Cities should call Assembly Appropriations and Senate Appropriations and urge them to support or oppose the measures below. Lawmakers generally approve bills that advance to the floor for a vote. City support will be critical to getting these measures to the next house.

One small housekeeping note: The Monday version of next week’s Bill Talk will go out later than usual if the Governor decides to release his revised budget proposal early. -Brian Hendershot, Cal Cities Advocate managing editor
Assembly Appropriations Committee
Revived housing element and bond bills up for consideration Two familiar housing bills are up in Assembly Appropriations. Sponsored by Cal Cities, AB 2296 (Papan) would give cities an extra six months to begin the housing element review process and provide greater certainty and reduce ambiguity in the housing element review process. Gov.

Gavin Newsom vetoed a similar measure last year — also by Asm. Diane Papan — that passed through the Legislature with zero no votes.

AB 736 (Wicks) would place a $10 billion housing bond on the June primary election ballot that would fund various affordable housing programs. There is an identical companion bill, SB 417 (Cabaldon), in the Senate Appropriations Committee. Previous attempts to pass the bond have failed. Cal Cities supports both AB 736 and SB 417.
- Brady Guertin, legislative advocate
Sponsored HHAP bill increases access for smaller cities 1381
AB 1708 (Solache) would increase access to Homeless Housing, Assistance and Prevention (HHAP) funding for cities with populations under 300,000. A new survey from Cal Cities found that eight in 10 cities have not received money from the program, the largest source of state homelessness funding for local governments. The bill passed out of its last committee hearing with unanimous support.
- Caroline Grinder, legislative advocate
Bill imposes unworkable translation requirements for land use projects AB 2170 (Boerner) would require local agencies to translate notices for CEQA projects into any language spoken by 5% or more of the population and require public CEQA hearings to include oral translations for any language, among other requirements. Under the bill, a misinterpretation by the public would invalidate a public agency’s decision.

Cal Cities opposes the measure. Unfortunately, CEQA is often used for non-environmental purposes to extract concessions from project applicants or to stop a project altogether. The bill would likely increase CEQA costs, complexity, and litigation risks, thus making it easier to challenge and undermine projects.
- Melissa Sparks-Kranz, legislative advocate
Sponsored disaster bills in appropriations
Assembly Appropriations will hear two environmental bills sponsored by Cal Cities. AB 1866 (Rogers) would ensure that the state considers local agencies that do not qualify for federal disaster aid when allocating disaster assistance after a state-declared emergency. AB 2517 (Calderon) would improve the state’s Fire Hazard Severity Zone designation process so that local agencies receive consistent and timely updates to their fire hazard maps and can plan for wildfires accordingly.
- Melissa Sparks-Kranz, legislative advocate
Co-sponsored bill cracks down on metal theft
Cities around the state have experienced organized metal theft targeting streetlights, potholes, and broadband. Thieves often target these public assets due to the high value of precious metals, leaving behind significant damage that endangers public safety and imposes burdensome repair costs. AB 1941 (Gonzalez, M) would increase the penalty for organized metal theft to either a misdemeanor or a felony.
- Serena Scott, legislative affairs analyst
E-bike registration bill is promising but needs changes 1382
Dangerous e-bike behavior has become a top priority for lawmakers this year. Several of those measures are in appropriations, including AB 1942 (Bauer-Kahan). The bill would require owners to register Class 2 and 3 e-bikes with the Department of Motor Vehicles and affix a license plate to the rear of those bicycles. Cal Cities supports the measure if amended: Cal Cities is urging lawmakers to apply the rules to all three classes of e-bikes, establish a cap on registration fees, and add visual markers for each e-bike class to license plates. - Damon Conklin, legislative advocate
Reimbursement bill provides sensible fiscal relief and flexibility Cities are no doubt familiar with “reimbursable state mandates” — state initiatives that local governments are forced to carry without an appropriation from the state. AB 2640 (Hadwick) would authorize the state controller to allow a city to offset any reduced reimbursement from other unpaid reimbursement claims, preventing the state from clawing back funds while still owing debts to that same city. Cal Cities supports the measure. - Ben Triffo, legislative advocate
Bill would cap EV charging station permit fees
AB 1820 (Schiavo) would cap what a city may recover in costs when permitting residential and commercial electric vehicle charging station projects. Cal Cities opposes the measure, arguing that there is no evidence that local permitting fees are a primary barrier to new charging stations. Rather, the real bottlenecks are private investments, grid capacity, and infrastructure readiness.
- Damon Conklin, legislative advocate
Priority workplace policy bills
Two notable workplace policy bills are up for consideration. AB 1564 (Ahrens) would restrict an employer’s ability to conduct internal investigations to the detriment of employees’ and the public’s safety and well-being, adding new costs and liability for public employers. Cal Cities opposes the measure. Lawmakers have tried six times to pass a similar measure, one of which then-Gov. Jerry Brown vetoed.

AB 1961 (Ahrens) would give employers new tools to address threats of workplace violence through existing mechanisms and by closing a gap in current law. The measure does not require public agencies to implement a new program or higher level of service. Cal Cities supports the measure, in part because local agencies have seen a rise in hostility and threats from the public in recent years.
- Johnnie Piña, legislative advocate
1383
Senate Appropriations Committee
Problematic homelessness bill advances
A bill that specifically targets cities without direct access to state homelessness funding advanced to appropriations with near-unanimous approval. SB 866 (Blakespear) would require all but 14 cities in the state to add extensive and burdensome homelessness reporting requirements to their housing elements. Cal Cities opposes the measure. - Caroline Grinder, legislative advocate
License plate bill would snarl criminal investigations
SB 1013 (Cervantes) would prohibit local agencies from sharing information obtained through automatic license plate readers with any federal law enforcement agency under certain conditions. Public agencies could only keep data for 30 days if the infraction is not on a HOT list, a list of major incidents like AMBER alerts and kidnappings.

These rigid requirements could result in permanent loss of vital information before an investigation even begins. Cal Cities is opposed to the measure unless it’s amended to address this issue.
- Serena Scott, legislative affairs analyst
Bill would create new requirements for e-bike sales
Lawmakers in the Senate will hear SB 1167 (Blakespear), a bill that would reclassify higher speed e-bikes as mopeds and impose retail and manufacturing requirements when advertising e-bikes. Cal Cities supports the measure: Devices that exceed statutory e-bike definitions are often marketed and used as e-bikes, creating confusion for consumers, complicating enforcement, and introducing safety risks for cyclists and pedestrians. - Damon Conklin, legislative advocate
Disclosure bill would raise pension costs
Cal Cities and a coalition of local government groups are opposing SB 1319 (Durazo). The bill would significantly expand the information subject to disclosure under the California Public Records Act related to public pension funds’ investments in alternative investment vehicles, such as private equity. This would substantially limit investment options for some retirement systems and raise the annual contribution costs for all public agencies and their employees. - Johnnie Piña, legislative advocate
Whippet bill builds on local models
1384
Legislators are considering a bill based on ordinances adopted by over 20 California cities that prevent smoke shops from selling nitrous oxide, which has become a popular party drug. SB 936 (Blakespear) would prohibit the sale and distribution of a nitrous oxide container that can hold more than 8 grams of nitrous oxide and any device that allows nitrous oxide to be inhaled for recreational purposes. The bill would also prohibit the sale of food flavored and scented nitrous oxide. Cal Cities supports the measure.
- Serena Scott, legislative affairs analyst
A quick reminder
Bill Talk is a weekly breakdown of the biggest bills, policy committee hearings, and legislative deadlines that city leaders need to know about. To get this list on Monday morning, contact your regional public affairs manager. To access old Bill Talks, visit the archive page. To see all tracked bills by issue area or priority, visit the Bill Search page. 1385
AB 1751 (Quirk-Silva)
Missing Middle Townhome Ownership Act.

Allows ministerial approval for town homes in areas where local governments have previously zoned for residential development. Creates a by-right approval process for town home developments to increase “missing middle” homeownership while limiting local barriers and protecting sensitive sites.

Summary:

1. Designates the act as the Missing Middle Townhome Ownership Act

2. Allows local agencies to apply objective zoning, subdivision, and design standards, but prohibits standards that:
a. Physically prevent compliant projects.
b. Impose requirements based on use of this law.
c. Restrict parking beyond what state law allows.

3. Requires ministerial approval of projects.

4. Allows denial only if the agency finds a specific, adverse impact on public health and safety with no feasible mitigation.

5. Authorizes local governments to adopt implementing ordinances and exempts the ordinances from CEQA.

6. Requires local agencies to approve parcel maps and tentative/final maps ministerially for qualifying projects.

7. Requires projects to adhere to RHNA density standards.

8. Allows for townhome projects on multifamily zoned areas and underutilized singlefamily parcels with each parcel size being 600 square feet.

9. Allows multiple ownership structures, including:
a. Fee simple
b. Common interest developments
c. Limited-equity cooperatives
d. Community land trusts
e. Tenancy in common

10.Requires a $28 minimum wage to be applied to construction workers for projects authorized by this bill.
a. Requires the minimum wage to be adjusted annually.
b. Specifies that this minimum wage does not affect the determination of the prevailing wage.

11.Prohibits projects on environmentally sensitive or hazardous sites as specified.

12.Prevents developers from using this on properties where tenants were recently displaced, including rent-controlled units or buildings removed from the rental market under the Ellis Act.

13.Allows local governments to apply the affordability requirements contained in any local inclusionary zoning for a development that will create 11 or more units.

14.Excludes existing mobilehome parks as a possible site for these developments.

15.Prohibits existing homes on the same lot from being split up and sold separately to develop,
1386

16.Prohibits minimum lot size/dimension rules beyond those in the bill

17.Prohibits local governments from requiring a homeowners association, but makes it an allowable use under the Davis Sterling Common Interest Development Act.

18.Prohibits the sale of individual property lots unless the townhomes are already built or the parcel will be used for a form of common area.

19.Exempts the townhomes from CEQA.

20.Exempts the City and County of San Francisco from the bill's requirements. 1387
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: May 19, 2026 Agenda Item: 11F.

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

CONSIDERATION OF A RESOLUTION AWARDING A PROFESSIONAL CONSULTANT

SERVICES AGREEMENT TO AKM CONSULTING ENGINEERS FOR ENGINEERING

CONSTRUCTION SUPPORT SERVICES DURING CONSTRUCTION OF THE REEVES BOOSTER PUMP STATION, CIP PROJECT NO. 17405, AUTHORIZING AN EXEMPTION TO

THE FORMAL SOLICITATION PROCESS, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT, IN AN AMOUNT NOT TO EXCEED $183,048 ..body
Summary:

The City Council is being asked to consider approval of Resolution 26-88 (Attachment 1), awarding and authorizing the execution of a Professional Consultant Services Agreement with AKM Consulting Engineers (Attachment 2) for Engineering Construction Support Services for the Reeves Booster Pump Station, CIP Project.

Background:

The City of San Clemente Water Master Plan,
dated March 2006, prepared by AKM
Consulting Engineers, planned for the
construction of the Reeves Booster Pump
Station to supply potable water from a regional
water trunk line (Local Transmission Main)
operated by the Joint Regional Water Supply
System (JRWSS) to Forester Ranch and
Marblehead areas. This project will address the
current hydraulic restrictions in the existing
system during peak demand and provide an
alternative supply source for the Reservoir 7
zone, improving the City’s potable water reliability. The proposed location of the new Station is shown on Attachment 3.

Discussion:

City Purchasing Policy 201-2-1 Section XI.A.1.2 permits the City Council to authorize an exemption to the formal solicitation process when the Council determines that compliance with the formal process would be inefficient, impractical, or not in the best interest of the City. 1388
Meeting Date: May 19, 2026 Agenda Item: 11F.

CITY OF SAN CLEMENTE 2
Staff requested and received a proposal (Attachment 4) from AKM for the engineering support phase of the project in the amount of $183,048. Staff reviewed the proposal and fee schedule, which is fair and reasonable, and suggests awarding a Professional Consultant Services Agreement to AKM Consulting Engineers, not to exceed $183,048, is advantageous because they are intimately familiar with the water Master Plan and the overall system needs of the City.

AKM Consulting Engineers (AKM) is the Engineer of Record for the Reeves Pump Station engineering design and the preparer of the plans and specifications for the project. Requesting another engineering firm to support AKM's engineering design would require the new firm to redesign the project, due to the liability involved in accepting work not prepared by the new firm and it is in the City’s best interest to award the contract to the Engineer of Record. For these reasons, not awarding the contract to AKM Consulting Engineers would be inefficient and impractical resulting in higher costs.

The approval of this contract follows the approval of the construction contract with Elegant Construction, which will also be considered at the May 19, 2026, City Council meeting for the Reeves Booster Pump Station project.

Considerations Identified by Staff:

During construction, the design engineer (i.e., Engineer of Record, AKM) must be involved in all aspects of construction to ensure that the professional design intent incorporated into the plans and specifications is integrated into the contractor's field work. Based on the Engineer of Record’s observation, project record drawings are prepared accordingly, documenting that all proposed work complies with the approved Project plans and specifications.

If the Engineer of Record is not involved during the construction phase, the original design intent and proper implementation of the project plans and specifications may not be fully achieved, potentially compromising the quality and performance of the finished product.

Council Options:
 Adopt Resolution No. 26-88 (Attachment 1), awarding the Reeves Booster Pump Station Engineering Construction Support Services Professional Consultant Services Agreement to AKM Consulting Engineer, authorizing an exemption to the formal solicitation process and authorizing the City Manager to execute a Professional Consultant Services Agreement, in an amount not to exceed $183,048.
 Modify and adopt Resolution No. 26-88.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 26-88 and put the project on hold.

Environmental Review/Analysis:

This Project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA), under the State CEQA Guidelines, Sections 15301 (Existing 1389
Meeting Date: May 19, 2026 Agenda Item: 11F.

CITY OF SAN CLEMENTE 3
Facilities) and 15303 (New Construction or Conversion of Small Structures). The notice of exemption was filed with the County of Orange on November 22, 2024.

Fiscal Impact:

This expenditure of $183,048 is within the available project fund balance for the Reeves Booster Pump Station, Account Number 052-467-45300-000-17405.

Potential Actions:

If the City Council concurs with the findings of staff, the following would be appropriate City Council action, adopt Resolution No. 26-88 will do the following:

1. Approve an exemption to the formal solicitation process in accordance with the City Purchasing Policy 201-2-1, Section XI.A.1.2; and
..recommendation

2. Award a Professional Consultant Services Agreement to AKM Consulting Engineers, for the Engineering Construction Support Services for the Reeves Booster Pump Station, CIP Project No. 17405; and

3. Authorize the City Manager to execute a Professional Consultant Services Agreement with AKM Consulting Engineers, in an amount not to exceed $183,048, in a form substantially similar to Contract No. C26-39 (Attachment 2) for the Reeves Booster Pump Station, CIP Project No. 17405.
..recommendation
..end
Attachments:

1. Resolution No. 26-88

2. Professional Consulting Services Agreement Contract No. C26-39

3. Location Map

4. AKM Consulting Engineers’ Proposal
Notification:

None.
1390
Attachment 1
4882-9904-3949 v1
RESOLUTION NO. 26-88

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING AN

EXEMPTION TO THE FORMAL SOLICITATION PROCESS,

AWARDING A PROFESSIONAL CONSULTANT SERVICES

AGREEMENT TO AKM CONSULTING ENGINEERS FOR

ENGINEERING CONSTRUCTION SUPPORT SERVICES

DURING CONSTRUCTION OF THE REEVES BOOSTER
PUMP STATION, CIP PROJECT NO. 17405, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT,
IN AN AMOUNT NOT TO EXCEED $183,048
WHEREAS, the City of San Clemente Water Master Plan, dated March 2006, recommended construction of the Reeves Booster Pump Station to supply potable water from a regional water main trunk (Local Transmission Main) to Forester Ranch and Marblehead areas; and
WHEREAS, the proposed Reeves Booster Pump Station will convey water to the Reservoir 7 zone and provide an alternate supply source, which improves system reliability; and
WHEREAS, the project requires Engineering Construction Support Services. The scope of work includes responding to requests for information from the contractor (RFI’s), reviewing submitted documentation, conducting site visits, commissioning, observations, and preparing record drawings during the construction of the Reeves Booster Pump Station; and
WHEREAS, AKM is the Engineer of Record for the Reeves Pump Station design and the preparer of the plans and specifications for the project; and WHEREAS, the Engineer of Record needs to provide construction support services during construction, ensuring their professional design is integrated into the work being performed by the contractor in the field; and
WHEREAS, City Purchasing Policy 201-2-1 Section XI.A.1.2 permits the City Council to authorize an exemption to the formal solicitation process when the City Council determines that compliance with the formal process would be inefficient, impractical, or not in the best interest of the City based on specifically identified conditions and supported by substantial evidence in the record; and
WHEREAS, staff requested and received a proposal from AKM for the engineering construction support services for the project, in the amount of $183,048; and WHEREAS, AKM Consulting Engineers’ fee is fair and reasonable.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby 1391
Resolution No. 26-88 Page 2
find, determine, and resolve as follows:

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

SECTION 2. That an exemption to the formal solicitation process in accordance with the City Purchasing Policy 201-2-1, Section XI.A.1.2. is hereby approved because compliance with the formal process would be inefficient, impractical, or not in the best interest of the City based on the fact that AKM Consulting Engineers is the Engineer of Record for the project and awarding construction support services for the project to another firm would require redesigning the project and changing the Engineer of Record.

SECTION 3. A Professional Consultant Services Agreement is hereby awarded to AKM Consulting Engineers for Engineering Construction Support Services for the Reeves Booster Pump Station, CIP Project No. 17405.

SECTION 4. That the City Manager is authorized and directed to execute a Professional Services Agreement with AKM Consulting Engineers in an amount not to exceed $183,048, in a form substantially similar to that presented to the City Council on May 5, 2026, for the Reeves Booster Pump Station, CIP Project No. 17405.

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

PASSED AND ADOPTED this _________ day of ______________, 2026.

ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, Mayor of the City of San Clemente, California San Clemente, California
1392
Resolution No. 26-88 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. 26-88 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _____ day of ______, 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 _________________, 2026. ________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
1393
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 AKM CONSULTING ENGINEERS, a California corporation, with its principal place of business at 553 Wald, Irvine, California 92618 ("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 Civil Engineering consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional Civil Engineering consulting services to public clients, is licensed in the State of California, if applicable, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional Civil Engineering consulting services for the Reeves Booster Pump Station Construction Support Services, Project No. 17405 project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from March 18, 2026, and shall remain in effect until the Services are 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 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 1394
4905-8256-6301 v1 2
55452.01100\31193624.5
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.

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 1395
4905-8256-6301 v1 3
55452.01100\31193624.5
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: Zeki Kayiran.

3.2.7 City's Representative. The City hereby designates David Rebensdorf, Public Works Director / City Engineer, 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 Zeki Kayiran, 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 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 1396
4905-8256-6301 v1 4
55452.01100\31193624.5
give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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

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

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Eighty-Three Thousand and Forty-Eight Dollars ($183,048) 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.

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 1397
4905-8256-6301 v1 5
55452.01100\31193624.5
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.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to 1398
4905-8256-6301 v1 6
55452.01100\31193624.5
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: AKM CONSULTING ENGINEERS
553 Wald
Irvine, CA 92618
ATTN: Zeki Kayiran
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Laura Campagnolo, City Clerk; David
Rebensdorf Public Works Director / City Engineer
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 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 1399
4905-8256-6301 v1 7
55452.01100\31193624.5
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 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. 1400
4905-8256-6301 v1 8
55452.01100\31193624.5

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 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 1401
4905-8256-6301 v1 9
55452.01100\31193624.5
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.
[SIGNATURES ON FOLLOWING PAGE]
1402
4905-8256-6301 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

AKM CONSULTING ENGINEERS,
a California corporation
(“CONSULTANT”)
By:_____________________________
Omer Zeki Kayiran, CEO
Dated: _________________________
By:_____________________________
Mehmet K. Kayiran, CFO
Dated: _________________________
1403
4905-8256-6301 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, which are generally described as construction support services, for the Reeves Booster Pump Station Project:

1. Consultant shall attend and coordinate construction progress meetings.

2. Consultant shall review and respond to Requests For Information (RFIs) received from the Project Contractor.

3. Consultant shall review and comment on submittals received from the Project Contractor

4. Consultant shall perform periodic site reviews and observations of the Project construction site.

5. Consultant shall participate in the startup and commissioning of the project (2 days).

6. Consultant shall prepare As-Built Drawings for design changes to the Project during construction.

7. Consultant shall perform other construction support services for the Project as requested by the City.
1404
4905-8256-6301 v1 12
55452.01100\31193624.5
EXHIBIT "A-I"

FEDERALLY REQUIRED PROVISIONS FOR SERVICES
N/A
1405
4905-8256-6301 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.
1406
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, 1407
4905-8256-6301 v1 3
55452.01100\31193624.5
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 1408
4905-8256-6301 v1 4
55452.01100\31193624.5
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.
1409
4905-8256-6301 v1 5
55452.01100\31193624.5

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.
1410
4905-8256-6301 v1 6
55452.01100\31193624.5
EXHIBIT “D”

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

Rates:

Project Manager $261/Hour
Project Engineer $248/Hour
CAD Operator $124/Hour
TOTAL COMPENSATION SHALL NOT EXCEED: $183,048.00
There are no reimbursable expenses under this Agreement. 1411
4905-8256-6301 v1 7
55452.01100\31193624.5

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
________________________________
1412

CAM FARO

CLE FRONTERA

AVE OLIVA

CAM LAUREL VIA AGUILA

AVE VISTA HERMOSA

VIA SAN ANDREAS

AVE FACETA

VIA ZAFIRO

VIA MERO CLE OPALO

EL CAMINO REAL

VIA SOCORRO

EBB TIDE DR

BREAKER DR

PALM DR SEA BREEZE DR

BEACH DR CAM

AVE ESPADA
A. T. & S. F. R. R.

CLE TINAJA VIA SENDA

VIA CHALUPA CLE BURRO

CLE CUADRA

VIA ARBOLEDA

VIA MONTECITO VIA SANTO TOMAS

VIA VISTOSA

VIA CASA LOMA

VIA VERBENA

VIA MONTEZUMA

VIA MONTEGO VIA BANDITA VIA LADO

VIA MONTECITO

CLE VISTA TORITO VIA MONTEGO

VIA ALEGRE

CLE BARANDA CLE GAUCHO CLE DESCANSO

CLE JUAREZ

CLE MACHO

SORPRESO

CLE FRONTERA CLE LUEGO

CLE AMIGO

AVE MAREJADA CLE BALANDRA

CAM FARO

CAM GALEON

CAM ANCLA

CLE PAISANO

CLE CHUECA VIA CHUECA

CLE OLA VERDE

VIA CONCHA

AVE FACETA

CAM LAUREL

VIA TECA

VIA GAVILAN

AVE PLATANAR

CLE CIDRA

AVE OLIVA PASEO LARO

AVE VISTA HERMOSA

VIA TURQUEZA

VIA CASCADITA

SANDY DR

AVE VAQUERO

PACIFIC COAST HWY

VIA BALLENA
V

J AI UAREZ
CLE

SAN CLEMENTE
CAM. BUCANERO

CAM CORSO RIO

AVE MASTIL

CLE ALMIRANTE

CORTE CALAMAR

VIA MERLUZA

VIA BARRACUDA

CORTE MERLANGO

VIA MERLUZA

CLE LOBINA

VIA SARGO

CLE CHAYOTE

VIA PERA
CORTE

TOPACIO

VIA AGUILA

VIA PALMITO

VIAZUMAQUE

VIA CEREZA

AVE OLIVA

VIA MANTARAYA

VIA MERLA

SAN DIEGO FREEWAY

CLE LAGO

EL CAMINO REAL (COAST HWY) CLE DE LOS MOLINOS

AVE PICO

LOS OBREROS LN CLE VALLE

AVE DE LA CLE REDONDEL

CLE BONITO

RINCON CT

CLE DE INDUSTRIAS AVE NAVARRO

VIA PICO PLAZA

ESTRELLA

MARBLEHEAD COASTAL
DE LOS

CALLE MOLINOS

SAN CLEMENTE WATER RECLAMATION

PLANT MARBLEHEAD

VIA TECA

CLE FRONTERA

NOT TO SCALE

PROJECT

LOCATION

LOCATION MAP
Reeves Booster
Pump Station
PN 17405
Attachment 3
1413
.,.
......
.,.
.,
_,_.
-
.......
-=-
---
---
---
Consulting Engineers
Water Resources I Infr
astructure I Construction Management
February 5, 2026
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Mr. Amir llkhanipour
Principal Engineer
553 Wald, Irvine, CA 92618
Telephone: 949.753.7333 I Fax: 949.753.7320
www.akmce.com
Proposal: Engineering Services During Construction of Reeves Booster Pump Station
Dear Mr. llkhanipour:

In response to the City of San Clemente's request, AKM Consulting Engineers (AKM) is pleased to submit this proposal for providing Engineering Services During Construction of the Reeves Booster Pump Station project.

The Scope of services will consist of:

1. Attending the Pre-Construction meeting, as well as weekly construction progress meetings (remote)

2. Reviewing and responding to Requests for Information (RFI) during the project.

Two (2) reviews are budgeted for each RFI.

3. Reviewing the Shop Drawing Submittals. Two (2) reviews are budgeted for each submittal

4. Prepare plan revisions - Two (2) are budgeted

5. Conduct site reviews during construction, as requested by the City. Four (4) site reviews are budgeted.

6. Participate in the startup and commissioning of the project (2 days)

7. Prepare Record Drawings based on the Contractor's red-lined as-built drawings reviewed by the City's construction manager.

The work will be performed by AKM's Project Manager (Zeki Kayiran, P.E), Project Engineer (Darrik Baker, P.E., an Associate Engineer, and our CAD staff.

AKM Prop. 26-1027
Attachment 4
1414
Reeves Booster Pump Station
Proposal for ESDC
We propose completing this scope of work on a time and materials basis for a not-toexceed estimate of $183,048 as detailed in the table below. We will request additional authorization should the project requires additional work.

Project Project CAD Total Expenses Cost
Task Description Manager Engineer Operator Hours
$261 $248 $124
1 Meetings 16 64 80 $500 $20,548
2 Review and Respond to RF ls 20 180 200 $49,860
3 Shop Drawing Submittal Reviews 28 288 316 $78,732
4 Plan Revisions 8 16 32 56 $10,024
5 Site Reviews During Construction 8 16 24 $400 $6,456
6 Startup and Commissioning 12 24 36 $400 $9,484
7 Record Drawings 4 48 52 $1,000 $7,944
Total- Hours .. 92 592 .. 80 764
Total Cost $24,012 $146,816 $9,920 $2,300 $183,048
We appreciate the opportunity to submit this proposal and look forward to being of service to the City of San Clemente. Should you have any questions regarding the contents of our proposal, please do not hesitate to contact the undersigned or Darrik Baker.

AKM Consulting Engineers
Zeki Kayiran, P.E.

Principal
949.753.7333 - 120
[email protected]
AKM Prop. 26-1027 1415
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: May 19, 2026 Agenda Item: 11G.

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

CONSIDERATION OF A RESOLUTION AUTHORIZING THE FORMAL CANCELLATION OF

THE LAST MILE PROGRAM AND REJECTION OF ASSOCIATED GRANT FUNDS UNDER OCTA’S PROJECT V 2024 GRANT ..body
Summary:

The Orange County Transportation Authority (OCTA) eliminated bus routes 191 and 193 in the City in 2016. To improve transportation options within the City, the following programs were implemented: Senior Mobility, SC Rides, and the Trolley Service. In addition, new programs currently under development are the CMO Shuttle and Last Mile. The City was awarded grants for each of the programs with variable cost sharing which has increased the City’s contribution over the past few years. In an effort to reduce the City’s cost, the Senior Mobility and SC Rides programs were recently modified. Given the changes, the estimated total annual program costs for all the existing programs are $1,842,000 with an estimated City cost share of $408,000 from the General Fund. The CMO Shuttle program is currently under implementation with an estimated additional annual cost to the City between $20,000-$50,000 per year. For additional information, the February 3, 2026 Agenda Report is attached for reference (Attachment 3).

The Last Mile Program was proposed to provide micro transit to Trolley stops for passengers within one mile of existing Trolley routes. The intent of the program was to increase Trolley ridership, but when looked at holistically with the other programs, it provides a near duplication of other existing programs and would increase the City’s overall transportation costs up to $325,000 per year. The grant is a 50% cost share between the City and OCTA with the City’s obligation to be paid from the General Fund.

At the February 3, 2026 City Council Meeting, staff was directed to contact OCTA to determine if the funds could be redirected into other existing programs. Unfortunately, OCTA will not allow a change to the grant funding, but the City can apply for new grants in the future. Adoption of a resolution is necessary to formally cancel the Last Mile Program, reject the OCTA Project V 2024 Grant funding, and apply for upcoming grants to meet the future needs of the City’s transit program. The cancelation of the Program will result in the City not receiving approximately $2,214,428 in grant funding over a seven year period but represents a like amount of expenditure from the General Fund.

Background:

On February 3, 2026, staff presented a summary of the City’s transit programs, including recommendations for the Last Mile Program under OCTA’s Project V 2024 Grant. The City of San 1416
Meeting Date: May 19, 2026 Agenda Item: 11G.

CITY OF SAN CLEMENTE 2
Clemente was awarded $3,264,428 through the 2024 OCTA Project V Grant to support ondemand transit programs through FY 2030/2031. This funding was established to support the continuation of the existing SC Rides Program ($1,050,000 over seven years) and the creation of the Last Mile On-Demand Transit Program ($2,214,428 over seven years). Under updated grant guidelines, OCTA’s funding contribution has been reduced to 50%, requiring a 50% local match from the City, with OCTA funding of approximately $325,000 per year for the Last Mile program.

This increased financial obligation impacts the feasibility of implementing both programs as originally proposed.

Due to the program's redundancy with existing San Clemente transit programs, staff was directed to explore alternative uses for the awarded funding, such as modifying the current SC rides program or purchasing additional Trolleys for the Trolley program. Staff reached out to OCTA and received a response stating that the Project V 2024 grant funds cannot be diverted/reallocated to other existing transit programs. In order to exit the program, the City Council will need to adopt a resolution. This will allow OCTA to utilize these funds for other ondemand types of programs in the County. The City is eligible to apply for future grants that better align with current City transit needs.

In accordance with the prior direction from the City Council, staff notified OCTA of the City’s desire to cancel the Last Mile Program and reject the 2024 OCTA Project V Grant funding. OCTA requested submission of a formal letter through OCTA’s Semi-Annual Review (SAR) process (Attachment 1) to confirm cancellation of the program.

Considerations Identified by Staff:

Prior to initiating formal cancellation, staff communicated with OCTA to explore the potential reallocation of grant funds to other existing City transit programs, such as the SC Rides Program; however, OCTA indicated that reallocation is not permitted under the grant guidelines. If the City chooses to continue with the program, additional City funding will be required in future fiscal years.

Council Options:
 Adopt Resolution No. 26-89 (Attachment 1), authorizing the formal cancellation of the Last Mile Program and rejection of grant funds under OCTA’s Project V 2024 Grant.  Modify and adopt Resolution No. 26-89.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 26-89 and provide alternate direction to staff.

Environmental Review/Analysis:

Canceling the Last Mile Program and rejecting grant funding is not a “project” under the California Environmental Quality Act.

Fiscal Impact:

Cancelling the Last Mile Program will avoid the need to budget for the 50% local match. 1417
Meeting Date: May 19, 2026 Agenda Item: 11G.

CITY OF SAN CLEMENTE 3
Potential Action(s):
..recommendation
If the City Council concurs with the contents of the staff report, it would be appropriate to adopt Resolution No. 26-89, which will:..r ecommendati on

1. Authorize the formal cancellation of the Last Mile Program and rejection of grant funds for that program under OCTA’s Project V 2024 Grant; and

2. Authorize and direct the Public Works Director/City Engineer to send a formal cancellation letter (Attachment 2).
..end
Attachment:

1. Resolution No. 26-89

2. SAR – Cancellation of Last Mile Program Letter

3. February 3, 2026 Agenda Report
Notification:

None.
1418
Attachment 1
4860-5047-5367 v1
RESOLUTION NO. 26-89

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, FORMALLY CANCELLING

THE LAST MILE PROGRAM AND REJECTING THE
ASSOCIATED GRANT FUNDS UNDER OCTA’S PROJECT
V 2024 GRANT
WHEREAS, the City applied for Orange County Transportation Agency (OCTA) Measure M2 Project V grant funding for continuation of its on-demand transit programs; and
WHEREAS, the City was awarded a total of $3,264,428 in funds from OCTA for its on-demand transit programs; and
WHEREAS, the on-demand transit programs consist of the existing SC Rides Program and a newly proposed Last Mile Program; and
WHEREAS, the SC Rides Program was awarded $1,050,000 over a seven year period and the proposed Last Mile Program was awarded $2,214,428 over a seven year period from OCTA; and
WHEREAS, the new Last Mile Program grant requires the City to match OCTA grant funds on a 50% basis up to approximately $325,000, and the City is responsible for all costs above that amount; and
WHEREAS, at the February 3, 2026 City Council Meeting, due to the redundancy of the new program with other existing transit programs, City Council directed staff to explore alternative uses for the awarded funding; and
WHEREAS, City Staff reached out to OCTA and received a response stating that the Project V 2024 grant funds cannot be diverted or reallocated to other existing transit programs; and
WHEREAS, the City wishes to formally cancel the Last Mile Program and reject the Last Mile Program grant funds under OCTA’s Project V 2024 Grant; and WHEREAS, OCTA has requested that the City’s Public Works Director/City Engineer sign a letter formally cancelling the program through OCTA’s Semi-Annual Review (SAR) process.

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.
1419
Resolution No. 26-89 Page 2
SECTION 2. That the City Council hereby cancels the Last Mile Program and rejects the grant funding for that program. The City Council desires to maintain the SC Rides program and the grant funding for that program.

SECTION 3. That the Public Works Director/City Engineer is authorized and directed to send a letter formally cancelling the Last Mile Program through OCTA’s SemiAnnual Review (SAR) process and take such actions and execute such other and further documents as may be necessary and proper to accomplish the purposes of this resolution.

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

PASSED AND ADOPTED this _____ day of May, 2026.

ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, Mayor of the City San Clemente, California of San Clemente, California
1420
Resolution No. 26-89 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. 26-89 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of May, 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
1421
Attachment 2
Engineering 910 Calle Negocio, Suite 100 San Clemente, CA 92673 http://san-clemente.org
May 19, 2026
Ms. Charvalen Alacar
Measure M Local Programs Section Manager
Orange County Transportation Authority
600 South Main Street
Orange, CA 92868
Subject: Semi-Annual Review (SAR) Request for Scope Change – Cancellation of Last Mile Program (2024 Call for Projects – On-Demand Transit Programs) Dear Ms. Charvalen Alacar:

The City thanks OCTA for continued support regarding the 2024 Call for Projects – On-Demand Transit Programs.

After careful consideration, we are requesting a scope change to cancel the Last Mile portion of our project through the Semi-Annual Review (SAR) March 2026. Specifically, we intend to discontinue the Last Mile Program, as it appears to closely mirror existing services, including SC Rides and the City’s newest transit program administered through CMO. We are concerned that maintaining multiple programs with similar service models may create redundancy and potentially cause confusion for our riders.

We appreciate your assistance and continued support. Please feel free to contact Fatana Temory at (949) 361-6115 should you have any questions or require additional information.

Sincerely,
David Rebensdorf, P.E.

Director of Public Works
City of San Clemente

CITY OF SAN CLEMENTE

PUBLIC WORKS

David Rebensdorf
Public Works Director/City Engineer
(949) 361-6130
[email protected] THE SPANISH VILLAGE BY THE SEA
1422
Attachment 3
1423
1424
1425
1426
1427
1428
1429
1430
1431
1432
1433
1434
1435
1436
1437
1438
1439
1440
1441
1442
1443
1444
1445
1446
1447
1448
1449
1450
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: May 19, 2026 Agenda Item: 11H.

Submitted By: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks & Recreation Director Subject:
..titl e
CONSIDERATION OF RESOLUTION NO. 26-90 AWARDING A CONCESSION AGREEMENT

FOR END-OF-PIER BAIT & TACKLE, FOOD & BEVERAGE OPERATION TO HOOK AND

COOK SC, LLC, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND

FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body
Summary:

The City Council is being asked to consider approval of a Concession Agreement with Hook and Cook, LLC for the operation of the end-of-pier bait and tackle, food, and beverage concession.

Following a competitive Request for Proposals (RFP) process that yielded nine (9) responsive proposals, Hook and Cook SC, LLC (“Hook and Cook”) was identified as the most qualified proposer based on experience, business concept, operational readiness, and alignment with the City’s goals for this iconic coastal amenity.

The proposed concept, “Hook & Cook,” includes high-quality food with a community-focused operation that integrates bait and tackle services with a curated food and beverage offering. The proposal also included a desire to honor the historic and cultural significance of the San Clemente Pier.

Background:

The City owns and operates the San Clemente Municipal Pier, a highly valued public asset and regional destination. The end-of-pier concession has historically provided bait and tackle services along with food and beverage offerings, serving both the local fishing community and visitors.

The previous concessionaire vacated the premises, prompting the City to release a Request for Proposals (RFP) to identify a qualified operator for a new concession agreement. The RFP outlined the City’s objectives, including:
 Maintaining a high-quality bait and tackle offering
 Providing food and beverage services year-round
 Enhancing the visitor experience
 Preserving the character and historic identity of the pier  Ensuring strong operational and financial performance A total of nine responsive proposals were received. Staff conducted a comprehensive evaluation process, including proposal review and interviews with all proposers. 1451
Meeting Date: May 19, 2026 Agenda Item: 11H.

CITY OF SAN CLEMENTE 2
Discussion:

Following a comprehensive and competitive evaluation process, Hook and Cook demonstrated the best overall value and fit for the City. Proposals were evaluated on established criteria outlined in the RFP, including relevant concession experience, business concept, financial stability, operational approach, customer service philosophy, and overall alignment with the City’s goals for the end-of-pier operation. Based on both written submissions and interview performance, Hook and Cook received the highest overall composite evaluations, distinguishing themselves through a well-rounded, thoughtful, and operationally sound proposal.

The proposers of Hook and Cook are San Clemente residents and established local business owners, bringing a strong understanding of both the community and the coastal visitor base. As founders of The Picnic Café on Avenida Del Mar, they have demonstrated success in managing a high-volume, customer-focused food service operation and have proven their ability to deliver consistent, high-quality service. Their familiarity with local operations, combined with their professional experience, positions them well to manage the unique demands of a high-profile coastal concession successfully.

The proposal demonstrates a clear respect for the historic and cultural significance of the San Clemente Pier, while introducing a refreshed and elevated experience that aligns with the City’s vision for this iconic public asset. In addition, the proposal includes meaningful communityoriented elements such as youth fishing clinics, environmental stewardship initiatives, and partnerships that support local organizations and pier preservation. The proposers also demonstrated a strong understanding of the unique operational challenges associated with the pier environment, including limited access, storage constraints, and coastal conditions, and provided practical and feasible solutions to address these constraints.

Considerations Identified by Staff:

The end-of-pier concession is a highly visible and iconic public asset, requiring an operator capable of balancing operational success with the character and public use of the San Clemente Pier. It was a priority to identify a proposer with demonstrated experience, strong operational capacity, and an understanding of the pier’s significance to both the local fishing community and visiting public.

The proposed compensation structure ensures a reliable base level of revenue to the City while allowing for increased returns tied to business performance. Additionally, the concession agreement structure maintains appropriate City oversight and flexibility, which is essential for managing a public facility of this nature. The highest scoring operator with the proposed agreement increases the odds of having a high-quality operation, enhancing the visitor experience, and preserving the integrity of this important public amenity.

Council Options:
 Adopt Resolution No. 26-90, which will award the Concession Agreement to Hook and Cook SC, LLC for a four-year term with one two-year extension option, authorize the City Manager to execute the agreement and find the project categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15301 (14 CCR 15301, Existing Facilities).
1452
Meeting Date: May 19, 2026 Agenda Item: 11H.

CITY OF SAN CLEMENTE 3
 Request modifications and direct staff to negotiate specific changes to the agreement prior to approval.
 Reject all proposals and provide direction to staff.

Environmental Review/Analysis:

The proposed action is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 of the CEQA Guidelines Section 15301 (14 CCR 15301, Existing Facilities), as it consists of the continued operation of an existing public facility.

Fiscal Impact:

The agreement will generate revenue to the City through Base Rent or Percentage Rent based on Gross Sales, with Concessionaire required to pay the greater of the two. The rent structure is as follows:

Base Rent:
 $1,200 per month in Year 1
 Increasing by $50 per month annually in Years 2, 3, and 4  $1,400 per month during the Extended Term, if exercised Percentage Rent:
 Three percent (3%) of Gross Sales during Years 1 through 3  Five percent (5%) of Gross Sales during Year 4
 Seven percent (7%) of Gross Sales during each year of the Extended Term, if exercised This phased structure is designed to support initial business operations while providing increased revenue to the City over time. The agreement ensures a guaranteed minimum revenue through Base Rent, with the opportunity for additional revenue through Percentage Rent as the business grows.

City Policy No. 901-1, Property Management Policies and Procedures for Lease and Sale of City Owned Property, establishes that the City should seek fair market value and appropriate public benefit when authorizing the use of City-owned property. The proposed compensation structure based on the unique operational characteristics, limitations, and public service nature of the Premises. It should be noted that identifying direct market comparisons for this facility is challenging due to the highly unique nature of the location and operational constraints associated with the concession. The facility consists of a relatively small footprint located at the terminus of the San Clemente Municipal Pier, with limited vehicle access, restricted delivery logistics requiring transport of supplies and equipment along the pier, and operational limitations that largely constrain the use to concession-related food, beverage, bait, and tackle services.

Additionally, unlike a traditional commercial food service location, the facility operates within a public coastal environment subject to seasonal fluctuations, public access requirements, weather conditions, public safety activities, and operational restrictions associated with pier maintenance and access.
1453
Meeting Date: May 19, 2026 Agenda Item: 11H.

CITY OF SAN CLEMENTE 4
The proposed agreement reflects a substantial increase over the prior agreement, which included a base rent of $800 per month. Under the proposed agreement, Base Rent begins at $1,200 per month and increases annually throughout the Initial Term, with additional Percentage Rent based on Gross Sales. Percentage Rent also increases over the life of the agreement and during any Extended Term. The negotiated compensation structure represents a fair and reasonable increase in revenue to the City while recognizing the operational challenges, startup investment, and public service nature of the facility. The selected operator’s proposed business concept, expanded operating schedule, and commitment to increased public access and service levels position the concession for stronger long-term performance and provide the City with an opportunity to better evaluate the future operational and revenue potential of the facility under active management.

Potential Action(s):
..recommendation
If the City Council concurs with the contents of the staff report and the selection of Hook and Cook to operate the facility, it would be appropriate to adopt Resolution No. 26-90, which will:

1. Find the project categorically exempt from CEQA under Class 1 of the CEQA Guidelines Section 15301 (14 CCR 15301, Existing Facilities);

2. Award a Concession Agreement to Hook and Cook SC, LLC for the operation of the end-ofpier bait and tackle, food, and beverage concession for a four-year term with one two-year extension option; and

3. Authorize the City Manager to execute the agreement. ..end
Attachment:

1. Resolution No. 26-90

2. Concession Agreement – Hook and Cook SC, LLC

3. Proposal – Hook Cook/Picnic Collective
Notification:

All Bidders
1454
Attachment 1
RESOLUTION NO. 26-90

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

CONCESSION AGREEMENT TO HOOK AND COOK SC, LLC

FOR THE OPERATION OF THE END-OF-PIER BAIT &

TACKLE, FOOD, AND NON-ALCOHOLIC BEVERAGE

CONCESSION AT THE SAN CLEMENTE MUNICIPAL PIER
WHEREAS, the City of San Clemente (“City”) owns and operates the San Clemente Municipal Pier, a valued public amenity serving residents and visitors; and WHEREAS, the end-of-pier concession facility provides an important service to the public by offering bait and tackle sales and food and beverage amenities; and WHEREAS, the City released a Request for Proposals (RFP) to solicit qualified operators for the concession and received nine (9) responsive proposals; and WHEREAS, staff conducted a competitive evaluation process, including proposal review and interviews with all responsive proposers, based on criteria including experience, business concept, financial proposal, and operational approach; and WHEREAS, Hook and Cook SC, LLC is the most qualified proposer and offers the best overall value to the City and the compensation is fair and reasonable; and WHEREAS, Hook and Cook SC, LLC proposes to operate the concession under the business name “Hook & Cook,” providing a balanced offering of bait and tackle services and food and non-alcoholic beverages while enhancing the visitor experience at the pier; and WHEREAS, the proposed Concession Agreement establishes a four (4) year initial term with one (1) optional two (2) year extension, and provides for compensation to the City in the form of a base monthly rent or a percentage of gross sales, whichever is greater; and WHEREAS, the Concession Agreement is in the best interest of the City and the public.

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

SECTION 1. The City Council hereby finds that the facts set forth in the recitals above are true and correct and are incorporated fully herein by this reference.

SECTION 2. Based on a review of the record as a whole, the City Council hereby finds and determines that the project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 of the CEQA Guidelines, Section 15301 (14 CCR 15301, Existing Facilities), as it consists of the continued operation of an existing public facility.
1455
Resolution No. 26-90 Page 2
SECTION 3. The City Council hereby awards a Concession Agreement to Hook and Cook SC, LLC for the operation of the end-of-pier bait and tackle, food, and nonalcoholic beverage concession for a four-year term with one two-year extension option.

SECTION 4. The City Council hereby authorizes and directs the City Manager, or his designee, to execute the Concession Agreement in a form substantially similar to that presented to the City Council on May 5, 2025.

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 ____________________, _______.

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. 26-90 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:

CONCESSION AGREEMENT
by and between

CITY OF SAN CLEMENTE
(“CITY”)
and

HOOK AND COOK SC, LLC
(“CONCESSIONAIRE”)
May 14, 2026
1458
Attachment 2
-1-

CONCESSION AGREEMENT
FOR

END OF SAN CLEMENTE PIER CONCESSION
This Agreement (the “Agreement”) is made and entered into this _____ day of ________, 2026, 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 Hook and Cook SC, LLC, a California Limited Liability Company, with its principal place of business at 131 Esplanade San Clemente, CA 92672 ("Concessionaire"). City and Concessionaire are sometimes individually referred to herein as "Party" and collectively as "Parties."

R E C I T A L S
A. WHEREAS, City is the owner and operator of that certain real property located in the City of San Clemente, California, described as the Bait & Tackle Shop located on the City’s Municipal Pier (the “City’s Property”); and B. WHEREAS, City desires to enter into an Agreement with Concessionaire for the use of that portion of the City’s Property referred to herein as the Premises (as defined below), and Concessionaire desires to use the Premises, all subject to the terms and conditions set forth herein; and
C. WHEREAS, the City desires to grant a limited right to operate a concession for bait, tackle, food, and non-alcoholic beverage services on the Premises; and D. WHEREAS, Concessionaire desires to operate such concession under the terms and conditions set forth herein.

NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:

C O V E N A N T S:

In consideration of the foregoing Recitals, which are incorporated into this Agreement by this reference, and the mutual covenants and conditions contained herein, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both City and Concessionaire, the Parties agree as follows:

ARTICLE I

SUMMARY OF FUNDAMENTAL AGREEMENT TERMS
Subject to the more complete statement of certain terms and conditions elsewhere in this Agreement (which more complete description shall prevail to the extent of any inconsistency or conflict with the provisions set forth in this Article I), the fundamental business terms of this Agreement are summarized herein below:
1459
-2-
(i) Nature of Agreement: This Agreement grants Concessionaire a limited, revocable license to operate a concession within the Premises for the benefit of the public. This Agreement does not create or convey any possessory interest, tenancy, or other real property interest. Concessionaire acknowledges that its rights under this Agreement are subject to the continuing control, oversight, and discretion of the City.
(ii) City: City of San Clemente, a municipal corporation, and any successor to or assignee of City’s fee ownership of the real property within which the Premises are located.
(iii) Concessionaire: Hook and Cook SC, LLC, a California Limited Liability Company, and any permitted assignee or transferee of interest in the Premises approved by City in accordance with this Agreement, as set forth in Article X.
(iv) Premises: The Premises consist of the bait and tackle concession building located on the San Clemente Municipal Pier and certain immediately surrounding areas on the Pier as set forth in Exhibit A hereto, which is fully incorporated herein by this reference.
(v) Initial Term: An “Initial Term” of four (4) years, as more particularly set forth in Article III.
(vi) Extension Term: This Agreement may be extended for one (1) additional period of two (2) years (the “Extended Term”), subject to the mutual written agreement of both City and Concessionaire. Any such extension shall be subject to satisfactory performance by Concessionaire, as determined in the sole and absolute discretion of the City Manager, including compliance with all material terms of this Agreement, as determined by the City, and shall be on the terms and conditions set forth in this Agreement, including the adjusted compensation structure applicable to the Extended Term.
(vii) Rent: For the Initial Term, Concessionaire shall pay to the City, on a monthly basis, compensation equal to the greater of a fixed base rent or a percentage of Gross Sales, as defined herein. The Base Rent shall be in the amount of One Thousand Two Hundred Dollars ($1,200.00) per month and shall increase by Fifty Dollars ($50.00) per month annually in Years 2, 3, and 4.

Accordingly, Base Rent shall be $1,200.00 per month in Year 1, $1,250.00 per month in Year 2, $1,300.00 per month in Year 3, and $1,350.00 per month in Year

4. Percentage Rent shall be three percent (3%) of Gross Sales during Years 1, 2, and 3. Beginning in Year 4, the Percentage Rent rate shall increase to five percent (5%). If the Parties mutually agree to extend this Agreement for an Extended Term, Percentage Rent shall be seven percent (7%) during each year of the Extended Term. Concessionaire shall pay the greater of the applicable Base Rent or the applicable percentage of Gross Sales (as that term is defined in Article IV); During any approved Extension Term, the Base Rent shall be adjusted to One Thousand 1460
-3-
Four Hundred Dollars ($1,400.00). Rent to be “triple net” to the City. (See Articles V, VII, and IX.)
(viii) Security Deposit: A security deposit of One Thousand Two Hundred Dollars ($1,200.00) shall be maintained by the City in accordance with Article XV. (ix) Permitted Uses: Concessionaire shall use the Premises solely for the operation of a bait and tackle concession, together with the sale of food and nonalcoholic beverages, as approved by the City. (See Article VI.) (x) Minimum/Maximum Hours of Operation: During the peak season, defined as April 1 through October 31, Concessionaire shall operate at least six (6) days per week, with minimum hours of 8:00 a.m. to 4:00 p.m. on Saturdays and Sundays, and 9:00 a.m. to 4:00 p.m. on weekdays. Notwithstanding the foregoing, Concessionaire may close Wednesdays during the peak season for cleaning, maintenance, and restocking purposes, subject to prior written approval by the Beaches, Parks & Recreation Director or designee.

During the off-season, defined as November 1 through March 31, Concessionaire shall operate at least five (5) days per week, which shall include Saturdays and Sundays. Minimum hours shall be 8:00 a.m. to 4:00 p.m. on Saturdays and Sundays and 9:00 a.m. to 3:00 p.m. on weekdays.

The foregoing hours are minimum hours only and are not intended to restrict Concessionaire from operating during additional hours when the San Clemente Municipal Pier is open to the public, subject to City approval and applicable laws, regulations, and City policies. Maximum permitted hours of operation shall be 6:00 a.m. to 9:00 p.m., seven (7) days per week, unless otherwise approved by the City in advance in writing.

Concessionaire shall close operations on the Fourth of July due to City fireworks operations and related public safety restrictions. Concessionaire may operate extended hours on Lobster Season Opening Day, subject to prior coordination with the City.

The foregoing covenant to operate shall not apply during periods of inclement weather, emergency conditions, City-directed closures, or other circumstances outside Concessionaire’s reasonable control, provided Concessionaire promptly notifies the Beaches, Parks & Recreation Director or designee. (See Section 6.02.)
(xi) Addresses for Notices and Agents for Service of Process:

To City:

City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attn: Beaches, Parks & Recreation Director
and City Clerk
1461
-4-
To
Concessionaire:

Hook and Cook SC, LLC
131 Esplande
San Clemente, CA 92672
Attn: Nicholas Rivard

ARTICLE II

AGREEMENT OF PREMISES
SECTION 2.01 GENERAL.

Subject to the terms and conditions set forth in this Agreement, City hereby grants Concessionaire a limited, revocable right to operate a concession within the Premises, subject to the terms of this Agreement.

SECTION 2.02 QUIET ENJOYMENT.

City agrees that, subject to the limitations expressly set forth in this Agreement, Concessionaire, upon paying the Rent and performing the terms and covenants in this Agreement required to be performed by Concessionaire, may operate within the Premises in accordance with this Agreement, subject to the City’s oversight and operational requirements.

SECTION 2.03 AS-IS CONDITION.

From and after the Commencement Date (as that term is defined in Section 3.01 hereinbelow), the Premises will be leased in an as-is physical condition only. By taking possession of the Premises, Concessionaire thereby acknowledges the Premises are in good and working condition for the purposes intended and that Concessionaire will not hold City responsible for any repairs or improvements thereon except as may be expressly set forth herein.

City represents that equipment identified as City-provided in Exhibit B hereto, which is hereby fully incorporated by this reference, shall be in working order on the Commencement Date. City shall address material deficiencies in City-provided equipment identified by Concessionaire within an initial operational period of twenty (20) calendar days from the Commencement Date, subject to reasonable limitations and excluding damage caused by Concessionaire and provided that Concessionaire notifies the City as soon as reasonably practical, and no later than five (5) business days after discovering any such material equipment deficiencies.
1462
-5-

ARTICLE III
TERM
SECTION 3.01 COMMENCEMENT AND DURATION.

The “Initial Term” of this Agreement shall commence on the “Commencement Date,” which shall be ______________. Starting from 12:01 a.m. on the Commencement Date, the Initial Term shall be four (4) years, with one (1) possible two (2) year extension.

SECTION 3.02 SURRENDER; HOLDING OVER.

At the expiration or earlier termination of this Agreement, Concessionaire shall immediately surrender the Premises to the City in good condition, reasonable wear and tear excepted, and remove all personal property and equipment. Any property remaining after termination may, at the City’s option, be deemed abandoned and may be retained or removed or disposed of by the City at Concessionaire’s expense. If Concessionaire continues to occupy or operate within the Premises after expiration or termination without a written agreement from the City, such occupancy shall be deemed a month-to-month revocable license, subject to all terms and conditions of this Agreement, and may be terminated by the City at any time upon written notice. Concessionaire shall continue to pay compensation to the City during any holdover period in an amount equal to the greater of the Base Rent or Percentage Rent as defined herein.

ARTICLE IV
RENT
SECTION 4.01 AMOUNT OF RENT.

Rent shall be the greater of: (a) “Base Rent,” or (b) “Percentage Rent,” as set forth below. Base Rent shall be One Thousand Two Hundred Dollars ($1,200.00) per month during Year 1 of the Initial Term and shall increase by Fifty Dollars ($50.00) per month annually in Years 2, 3, and 4. Accordingly, Base Rent shall be $1,200.00 per month in Year 1, $1,250.00 per month in Year 2, $1,300.00 per month in Year 3, and $1,350.00 per month in Year 4.

Percentage Rent shall be three percent (3%) of Gross Sales during Years 1, 2, and 3 of the Initial Term. Beginning in Year 4, the Percentage Rent rate shall increase to five percent (5%). If the parties mutually agree in writing to extend this Agreement for an Extended Term, Base Rent shall be One Thousand Four Hundred Dollars ($1,400); and Percentage Rent shall be seven percent (7%) of Gross Sales during each year of the Extended Term.

For each calendar month during the Initial Term, Concessionaire shall pay the greater of the applicable Base Rent or the applicable Percentage Rent. Any Rent or other payments due under this Agreement for any fractional part of a calendar month shall be prorated based on the number of days in that month during which the Agreement is in effect.
1463
-6-
SECTION 4.02 COMMENCEMENT OF RENT OBLIGATIONS
Notwithstanding any provision of this Agreement to the contrary, Concessionaire’s obligation to pay compensation to the City shall commence upon the date Concessionaire is authorized to begin operations by the Orange County Health Care Agency and has commenced active operations and sales from the Premises.

Concessionaire shall use diligent, good-faith efforts to obtain all required permits and approvals necessary to commence operations in a timely manner. Any delay in commencement of operations attributable to Concessionaire’s failure to pursue required approvals in a timely manner shall not delay the City’s right to require payment of Rent.

SECTION 4.03 TIME OF PAYMENT.

Concessionaire’s obligation to pay Rent shall commence in accordance with Section 4.02 (Commencement of Rent Obligations). Rent shall be due and payable every month. Concessionaire shall pay Rent to City no later than the tenth day of the month following the full or partial calendar month for which Rent is due. For example, rent for the month of January is due and payable no later than February 10. It is understood and agreed that the ten-day grace period shall be used by Concessionaire for accounting and determining whether the Percentage Rent is greater than the Base Rent for the applicable month.

SECTION 4.04 CALCULATION OF PERCENTAGE RENT.

Throughout the Initial Term, any Extended Term, and any holdover period, Concessionaire shall calculate and record, for every full or partial calendar month, as applicable, the total Gross Sales. If the Percentage Rent for the applicable month is greater than the Base Rent, Concessionaire shall pay the Percentage Rent for that month.

If the Percentage Rent for the applicable month is less than the Base Rent, Concessionaire shall pay the Base Rent for that month. For purposes of this Agreement, “Gross Sales” means all revenues, receipts, income, proceeds of sales, and compensation for services of every kind, including without limitation rentals or other fees for the usage of space and deposits not refunded, whether provided for cash or on credit, earned directly or indirectly from the business(es) on and operations on the Premises in and for the applicable month. “Gross Sales” shall not include the occasional sale of fixtures and equipment by Concessionaire following their substantial use in the conduct of Concessionaire’s operations upon the Premises, sales and use taxes and similar taxes imposed on the sale of goods or services on the Premises, insurance proceeds, or credits or reimbursements earned by Concessionaire for merchandise returned to shippers, manufacturers, wholesalers, or suppliers.

SECTION 4.05 ACCOUNTING FOR GROSS SALES.

Concessionaire shall maintain full, complete, and accurate books, records, and accounts of all Gross Sales derived from the operation of the Premises. Such records shall be maintained in accordance with generally accepted accounting principles and in 1464
-7-
a manner that clearly reflects all transactions related to Concessionaire’s operations at the Premises.

At such time as Concessionaire submits to City each monthly payment of Rent, such payment shall be accompanied by an itemized statement showing the Gross Sales derived from all business and operations at the Premises during the applicable month, together with a detailed itemization of the goods and services provided, as well as any deductions or exclusions therefrom.

Concessionaire shall maintain its accounting records in a manner that allows City to or its representatives to verify the accuracy of Gross Sales and the calculation of Percentage Rent through review of such records and supporting documentation, including through reconciliation of point of sale records, bank deposits, and applicable sales tax filings. All business records of Concessionaire must be supported by source documents such as sales slips, invoices, billings, unbilled accounting documents, ledgers, bank deposit receipts, sales tax returns, cash register tapes, sales books, bank books, purchase invoices, contracts, and such other similar records and documents as may be reasonably necessary to verify the amount of Gross Sales and the basis of the calculations necessary for the determination of Percentage Rent hereunder.

Concessionaire shall retain all such books, records, and supporting documentation for a period of not less than three (3) years following the date of creation. If Concessionaire utilizes any third-party vendor or operator in connection with its operations at the Premises, Concessionaire shall ensure that such party complies with the accounting and reporting requirements of this Section. Any failure by such party to comply shall constitute a Default by Concessionaire under this Agreement.

SECTION 4.06 MAINTENANCE AND INSPECTION OF RECORDS; AUDIT.

City shall have the right, upon reasonable notice, during the Term and for a period of one hundred eighty (180) days following expiration or termination of this Agreement, to inspect and audit Concessionaire’s books, records, and accounts for the purpose of verifying Gross Sales and the calculation of Rent due to City. Any such inspection or audit shall be conducted during normal business hours and in a manner that minimizes interference with Concessionaire’s operations. Concessionaire shall cooperate fully with City in connection with any such inspection or audit. Concessionaire shall provide to City copies of its California sales and use tax returns on a quarterly basis at the time such returns are filed.

If any audit conducted by City reveals that Gross Sales were understated for the period under review, Concessionaire shall promptly pay any deficiency in Rent, together with interest as provided in this Agreement, and if any audit conducted by City reveals that Gross Sales were understated by more than two percent (2%) for the period under review, Concessionaire shall promptly shall reimburse City for the reasonable costs of such audit.
1465
-8-
If the audit reveals an overpayment of Rent, City shall promptly refund such overpayment to Concessionaire. City shall maintain the confidentiality of financial information obtained through any inspection or audit to the extent permitted by law.

Acceptance by City of any Rent payment shall not be deemed a waiver of City’s right to later audit or adjust such payment.

SECTION 4.07 MANNER OF PAYMENT.

All Rent and other payments and charges due under this Agreement shall be paid by Concessionaire to City without prior demand therefor, and without any deduction or offset whatever, in lawful money of the United States of America, which shall be legal tender at the time of payment, at:

City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attn: Cashier
or to such other person or at such other place as City may from time to time designate in writing. Concessionaire shall reference the period for which Rent is being paid. The acceptance by the City of the Concessionaire’s payment shall not constitute a waiver of the City’s right to subsequently demand that any additional amount be paid that may be owing.

SECTION 4.08 DELINQUENT PAYMENTS.

4.08.1 Interest.

If Concessionaire shall neglect or fail to pay any Rent when the same is due and payable Concessionaire shall pay to City, in addition to such unpaid amounts, interest upon such unpaid amounts at the rate of ten percent (10%) per annum or the maximum legal rate then in effect, whichever is less, from the date the delinquent payment was due until principal and accrued interest are paid in full.

4.08.2 Late Charge.

Concessionaire acknowledges that late payment by Concessionaire to the City of Rent or any other amount required to be paid under this Agreement will cause the City to incur costs not contemplated by this Agreement, the exact amount of which is extremely difficult and impracticable to ascertain. Such costs include, without limitation, processing and administrative and collection costs, accounting charges, and late charges that may be imposed on City by virtue of its debt obligations. Accordingly, if Concessionaire fails to pay Rent or any other payment required to be paid under this Agreement within ten (10) days after such payment is due, Concessionaire shall additionally pay a late charge equal to five percent (5%) of the amount of such payment or $150.00, whichever is greater.
1466
-9-

4.08.3 Independent Rights.

The interest and late charge provisions contained in this Section 4.07 are in addition to and do not diminish or represent a substitute for any other City rights and remedies, including for a Default by Concessionaire as set forth in Article XII of this Agreement.

ARTICLE V

TAXES AND UTILITY CHARGES
SECTION 5.01 TAXES.

5.01.1 Taxes for Possession of Premises.

Concessionaire shall timely pay any and all taxes, assessments, and other charges, however described (hereinafter collectively referred to as “Taxes”), that are levied, assessed, or imposed by any governmental agency against the Premises, or any portion thereof (including without limitation any possessory interest tax imposed on Concessionaire’s possessory interest arising from use of the Premises), or any improvements or other property in or on the Premises (including any personal property of any kind (including fixtures) owned by or placed in, upon, or about the Premises by or on behalf of Concessionaire), or operations thereon by Concessionaire, for any period from and after the Commencement Date until the termination or expiration of the Term of this Agreement or such later date that Concessionaire actually vacates the Premises.

5.01.2 Right to Contest Taxes.

Concessionaire may at any time, in good faith and upon reasonable grounds, protest, dispute, or contest the validity or amount of the whole or any part of Taxes for which Concessionaire is responsible, and in this regard Concessionaire may in good faith diligently conduct any necessary proceedings to void, reduce, recover, or seek a refund of the same. It is understood that Concessionaire shall not, in the event of and during the bona fide and diligent prosecution of any such proceeding, be deemed to be in default in respect to the payment of any disputed Taxes so long as Concessionaire complies with the following provisions:
(i) Concessionaire shall prosecute any such proceeding to a final conclusion as speedily as is reasonably possible;
(ii) Neither the Premises nor any part thereof shall by reason of any such proceeding be, in the reasonable judgment of City, in danger of being forfeited, lost, or materially affected;
(iii) Concessionaire shall deposit with City or at the election of City with a bank or trust company (“Escrow Agent”) situated in Orange County, California, mutually acceptable to City and Concessionaire, cash or an irrevocable letter of credit or a bond in the amount so contested and unpaid, together with all interest and penalties in connection therewith, and all charges that may be assessed 1467
-10-
against or become a charge on the Premises or any part thereof in such proceeding (to the extent that the amount of such interest, penalties, and charges are then ascertainable);
(iv) Any such proceeding to contest the validity or amount of any Taxes or to recover any Taxes paid by Concessionaire shall be prosecuted by Concessionaire at Concessionaire’s sole cost and expense, and Concessionaire shall indemnify, defend (with counsel acceptable to City), and hold City harmless from and against any and all claim, liability, loss, cost, or expense of any kind, including but not limited to reasonable attorneys’ fees and expenses, which may be imposed upon or incurred by City in connection therewith; and (v) Upon the termination of any such proceedings it shall be the obligation of Concessionaire to promptly pay the unpaid portion of any such Taxes or part thereof as are finally determined in such proceedings to be due and owing, together with all costs, fees, interest, penalties, or other liabilities in connection therewith, and, upon such payment, City shall direct the Escrow Agent to return any amount deposited with it, not theretofore expended, with respect to such Taxes; provided, however, City, if requested by Concessionaire, shall direct that the Escrow Agent disburse the monies on deposit with it directly to the taxing authority to whom the Taxes are payable.

SECTION 5.02 UTILITIES.

5.02.1 Payment for Services.

Concessionaire shall timely pay when due any and all utility charges and fees, however described, for water, gas, electricity, telephone, sewer, trash collection and recycling, storm drain and water quality, cable television, internet, and telecommunications services, and any other utility services provided to or for the benefit of the Premises. To the extent the Premises do not have the means to measure Concessionaire’s usage of any utility separately from the usage of City or other Concessionaires at or occupants of the City’s Property, if applicable, Concessionaire shall pay the portion of that utility usage based upon the percentage of square feet occupied by the Premises compared to the total square footage of the improvements on the City’s Property or based upon such other method of allocation as may be reasonably determined by City to be fair and appropriate based upon Concessionaire’s proportionate usage.

5.02.2 Interruption of Service.

So long as City does not default in the performance of its obligations and duties hereunder, City shall not be liable in damages or otherwise for any temporary denial of access to the Premises or any failure or interruption of any utility service being furnished to the Premises, and no such temporary denial, failure, or interruption, unless protracted and due to City’s active negligence or willful misconduct, shall entitle Concessionaire to terminate this Agreement or to an abatement of Rent or other amounts due hereunder. 1468
-11-

ARTICLE VI

USE OF PREMISES
SECTION 6.01 USE.

The Premises shall be used for only those uses described in Article I, clause (vii) of this Agreement and the terms and conditions of any applicable governmental permits and licenses applicable to the Premises from time to time. To the extent there may be any inconsistency between the terms and conditions of any applicable governmental permits and licenses applicable to the Premises and this Agreement, the terms and conditions of the applicable governmental permits and licenses shall govern. As a material part of the consideration for this Agreement, Concessionaire covenants that it shall not use or permit the Premises to be used for any purpose other than the purposes specified in this Agreement.

Concessionaire may conduct limited community-oriented programming, including educational or recreational activities, subject to the following conditions: all such activities shall require prior written approval by the City; such activities shall not conflict with Citysponsored events or previously scheduled uses; City-sponsored and permitted events shall take priority; no more than four (4) such events shall be conducted per calendar year; and all such activities shall be processed through the City’s Special Event Permit process, including payment of applicable application fees, provided that site use fees shall be waived.

SECTION 6.02 HOURS OF OPERATION.

The Premises shall be open for business to the general public during the minimum hours of operation specified in Article I, clause (viii) of this Agreement, and shall not be open beyond the maximum hours of operation specified therein or as may otherwise be prohibited by City ordinance, City policy, or City direction. Concessionaire is permitted to close for up to two (2) weeks at the end of December, subject to prior coordination with the City. Concessionaire shall work with the City’s designee to request any additional closure dates on an annual basis. Additional closure dates shall be requested at least thirty (30) days in advance of the expected closure, unless the closure is due to emergency repairs, inclement weather, emergency conditions, City-directed closures, or other circumstances outside Concessionaire’s reasonable control. Closures due to inclement weather or emergency conditions shall be communicated promptly to the Beaches, Parks & Recreation Director or designee.

Concessionaire may operate extended hours on Lobster Season Opening Day, subject to prior coordination with the City. Concessionaire shall close operations on the Fourth of July holiday and will not be permitted to access the Pier due to City fireworks operations. All other holiday hours of operation shall be mutually agreed upon by City and Concessionaire on an annual basis.

City and Concessionaire shall agree to meet eighteen (18) months into the Agreement to review the Hours of Operation and determine whether the established 1469
-12-
operating schedule meets the needs of both Parties. The City reserves the right to revise the maximum hours of operations upon at least thirty (30) days’ written notice. The minimum hours of operations cannot be revised except as agreed by both Parties in writing.

SECTION 6.03 RESTRICTIONS ON USE.

Except as may be provided below in this Section 6.03, Concessionaire, at its sole cost and expense, shall faithfully observe in the use, occupancy, and possession of the Premises all municipal and county ordinances, and all state and federal statutes, regulations and orders now in force and which may hereafter be in force, and Concessionaire shall fully comply at its sole expense with all regulations, orders, permits, and other requirements issued or made pursuant to any such laws. The final nonappealable judgment of any court of competent jurisdiction or the admission by Concessionaire in any action or proceeding against Concessionaire, whether City be a party thereto or not, that Concessionaire has violated any such statute, ordinance, regulation, order, permit, or other requirement for which Concessionaire is responsible in its use, occupancy, or possession of the Premises shall be conclusive of that fact as between City and Concessionaire.

6.03.1 Access for Disabled Persons.

City, at its sole cost and expense, shall be responsible in its design and construction for timely complying with all federal, state, and local laws and regulations, including but not limited to the Americans with Disabilities Act of 1990 (“ADA”), regarding ingress and egress to and from the Premises for disabled persons, including without limitation the cost of making any physical modifications or improvements to the area outside the Premises for that purpose (herein, “ADA Improvements”). Concessionaire shall be responsible for any ADA Improvements within the Premises to accommodate use and occupancy by disabled persons. In addition to the foregoing, Concessionaire shall indemnify, defend (with counsel acceptable to City), and hold harmless City and its officers, officials, directors, employees, and agents, and each of them, from and against any and all claims, actions, damages, liabilities, and expenses (including without limitation attorneys’ fees) directly or indirectly arising from or out of any alleged or actual violation of any federal, state, or local law or regulation, including the ADA, enacted to prevent the discrimination against persons with disabilities, where said alleged or actual violation occurs within any of the areas for which Concessionaire is responsible.

City shall indemnify, defend, and hold harmless Concessionaire and its officers, officials, directors, shareholders, employees, and agents, and each of them, from and against any and all claims, actions, damages, liabilities and expenses (including without limitation attorneys’ fees) directly or indirectly arising from or out of any alleged or actual violation of any federal, state, or local law or regulation, including the ADA, enacted to prevent the discrimination against persons with disabilities, where said alleged or actual violation occurs within any of the areas for which City is responsible outside of the Premises.
1470
-13-

6.03.2 Nuisance, Waste, Peaceful Co-existence.

Concessionaire shall not commit or allow to be committed any nuisance, act of waste, or other act in or about the Premises that will in any manner whatsoever obstruct or interfere with the rights of adjacent or nearby property owners, businesses, residents, and the general public or injure or annoy them; nor shall Concessionaire allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose.

SECTION 6.04 CONCESSIONAIRE’S CONDUCT OF BUSINESS.

Concessionaire shall keep the Premises and all public areas immediately adjacent to the Premises at all times in a neat, clean, and orderly condition. Concessionaire’s failure to comply with this Section shall be deemed to be a material breach of this Agreement.
c.04.4 Water Quality.

Concessionaire must be familiar with and comply with the City’s water quality requirements as defined in Section 13.40 of the City’s Municipal Code. For any exterior cleaning activities, the Concessionaire must use dry sweeping/cleaning methods to the maximum extent possible, and properly collect and dispose of collected material. If use of water becomes necessary, all wash water must be collected and not allowed to discharge to the ocean, area drains, storm drain inlets, gutters, paved areas, or any similar features. Floor mats or other equipment are prohibited from being cleaned in exterior areas. Any waste oil or grease must be collected for recycling and must be properly stored for recycling collection. Concessionaire must properly maintain grease traps and/or grease interceptor units, and keep records to document such maintenance.

6.04.2 Trash/Recycling
Concessionaire must keep the trash area clean and trash lids closed. Trash containers must never be filled with liquid or hosed out with water or other liquids.

Concessionaires must implement a recycling program and separate other recyclable materials to maximize placement of recyclable materials in recycling bins provided by the City.

6.04.3 Prohibition on Use of Polystyrene Food Service Products Concessionaire shall not sell, serve, or package food or beverages from the Premises in containers made out of expandable polystyrene, or otherwise use or distribute or permit the use or distribution of expandable polystyrene food service products, including, without limitation, takeout containers, trays, plates, drinking cups, and bowls in connection with Concessionaire’s use of the Premises.

6.04.4 Vehicle Operation Safety Regulations for Use of San Clemente Beaches Vehicle access onto the pier is not permitted within the terms of this Agreement. 1471
-14-

MAINTENANCE AND REPAIRS
SECTION 6.05 GENERAL PROVISIONS.

During the Initial Term, any Extended Term, and any holdover period, Concessionaire shall at its expense maintain the Premises and all improvements, fixtures, and personal property located within the Premises in a first-class condition, and in good order and repair, free of litter and trash, reasonable wear and tear, and casualty damage excepted. Concessionaire shall maintain all landscaping, potted plants, and other live plants in and about the Premises in a healthy, pruned, and neat condition, and Concessionaire shall promptly remove and replace any dead or diseased plants. Except as expressly set forth in Articles VIII and IX, City shall have no responsibility for maintenance or repair of the Premises or any improvements, fixtures, or personal property located thereon.

Concessionaire shall be responsible for the day-to-day maintenance and repair of the Premises and all portions thereof, including, without limitation, all of Concessionaire’s fixtures and equipment, the exterior and interior windows, all Concessionaire signs, door and window locks and closing devices, and all window sashes, casements or frames, doors and door frames, floor coverings, including carpeting, and other special flooring.

Concessionaire shall promptly replace all broken glass, both exterior and interior, with glass of the same kind, size, and quality.

SECTION 6.06 CITY’S RIGHT OF SUBSTITUTED PERFORMANCE.

If at any time during the Term Concessionaire refuses or neglects to make repairs or maintain the Premises or any part thereof in a manner consistent with the terms of this Agreement or otherwise reasonably satisfactory to City, City shall have the right, upon giving Concessionaire reasonable written notice of its election to do so, to make such repairs or perform such maintenance on behalf of and for the account of Concessionaire.

In such an event, City’s cost for such work shall be reimbursed by Concessionaire to City within ten (10) business days after Concessionaire’s receipt of a bill therefor.

ARTICLE VII

CONSTRUCTION, ADDITIONS, ALTERATIONS, AND IMPROVEMENTS
SECTION 7.01 CONCESSIONAIRE IMPROVEMENTS.

Concessionaire shall not have the right to make any additions, alterations, or improvements to the Premises without the prior written consent of City, which consent City shall not unreasonably delay, condition, or deny; provided, however, that nothing set forth in this Agreement is intended or shall be interpreted to limit or restrict City’s exercise of its police powers, including with respect to the consideration and approval of required applications for development and building entitlements.

Any and all additions, alterations, and improvements, whether or not requiring City’s consent, which are made or caused to be made by Concessionaire before or during 1472
-15-
the Initial Term or any Extended Term or holdover period shall be made at Concessionaire’s expense in accordance with the following: (i) such work, including, without limitation, Concessionaire’s final working drawings, plans, specifications, and choice of contractors, subcontractors, and suppliers shall be subject to the continuing approval of City, which information shall be furnished to City for City’s review and approval before the work is commenced, and any work not acceptable to the appropriate governmental entity or not reasonably satisfactory to City shall be promptly replaced at Concessionaire’s expense; (ii) notwithstanding any failure by City to object to any such work, City shall not be responsible therefor; (iii) such work shall not adversely affect the outside appearance and strength of the Premises, or the mechanical, electrical, and plumbing services and equipment thereof; (iv) such work shall not alter, add to, or otherwise change the exterior of the Premises without City’s prior written consent, which consent City may withhold in its sole and absolute discretion; (v) such work shall not cause or create a dangerous or hazardous condition and shall not interfere with or disturb adjacent or nearby property owners, businesses, or residents; (vi) Concessionaire shall cause all such work to be performed in such a manner as not to obstruct the access to the Premises; (vii) such work shall be done in a good and workmanlike manner and in compliance with all applicable legal requirements and shall be diligently prosecuted to completion; (viii) Concessionaire’s contractor or each of its subcontractors shall be bonded with sureties satisfactory to City in an amount sufficient to ensure full performance of the work to be done by Concessionaire and to ensure full payment to materialmen; (ix) Concessionaire and its contractor and subcontractors shall carry such worker’s compensation general liability and personal and property damage insurance as City may reasonably require; (x) such insurance shall be adequate to protect City and shall name City as an additional insured; (xi) Concessionaire shall defend (with counsel acceptable to City), indemnify, and hold harmless City and its officers, directors, shareholders, employees, and agents (all of the foregoing being hereinafter collectively referred to as the “Indemnitees”) from and against any and all claims, actions, damages, liabilities, and expenses (including, without limitation, attorneys’ fees) directly or indirectly arising out of or incurred in connection with, and any and all claims, demands, suits, actions for or in relation to, wages or cost of materials or equipment used in connection with, additions, alterations and improvements made or caused to be made by Concessionaire; and (xii) City shall have the right at all reasonable times to post and keep posted on the Premises any notice that may be provided by law which City may deem necessary or advisable for the protection of City and the Premises from mechanics’ lien or stop notice claims. The restrictions contained in this Section 8.01 with respect to Concessionaire’s contractors, subcontractors, and suppliers shall apply regardless of whether such persons or entities are employees or agents of, or otherwise affiliated with Concessionaire.

SECTION 7.02 CONCESSIONAIRE’S PROPERTY.

Except for any and all building or structural improvements and trade fixtures permanently affixed to the Premises, which shall immediately become and remain the property of City, any and all items of personal property, including but not limited to trade fixtures not permanently affixed to the Premises, and other fixtures, furniture, furnishings, and other equipment constructed or placed on the Premises after City’s delivery of the Premises to Concessionaire shall be and remain the property of Concessionaire upon 1473
-16-
termination. Concessionaire shall remove from the Premises all such items of property prior to the termination of this Agreement. Concessionaire may also remove any signs containing Concessionaire’s name, trademark, symbol, logo, or design, regardless of whether the same are attached or affixed to the real property and regardless of their characterization as real or personal property or fixtures under law.

Upon termination of this Agreement, if Concessionaire causes any damage to the Premises or other property of City by removing any property whatsoever, Concessionaire shall at its own expense repair and restore the Premises and other City property, as applicable, as nearly as practicable to the condition such property was in prior to said damage and in compliance with Section 7.01 of this Agreement.

If for any reason Concessionaire leaves any of Concessionaire’s property in or around the Premises after the termination or expiration of this Agreement, Concessionaire shall be conclusively deemed to have abandoned such property in place in addition to whatever rights City may have and City shall have the right to immediately remove, destroy and dispose of, or reuse the same at City’s sole option without any further obligation to Concessionaire. In such circumstances, Concessionaire hereby agrees and waives any rights and claims that it might otherwise have against City to notice, an opportunity to reclaim Concessionaire’s property, and any right to compensation for City’s use or disposal of Concessionaire’s property under California Civil Code § 1980 et seq. and any other applicable provision of law.

ARTICLE VIII
INSURANCE; INDEMNITY
SECTION 8.01 CONCESSIONAIRE’S INSURANCE.

Concessionaire, at its sole expense, shall procure and maintain in effect the following policies of insurance for the entire Initial Term and Extended Term of this Agreement, and any holdover period:
(i) Comprehensive General Liability Insurance.

A policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than Two Million Dollars ($2,000,000) for bodily injury, death, and property damage or destruction of property on and about the Premises. Said insurance shall include coverage for, among other risks and perils, all businesses and operations on the Premises (including any businesses and operations conducted by third parties, regardless of whether such third party businesses and operations violate this Agreement, and without any waiver by City of any other right or remedy it may have against Concessionaire with respect thereto), premises and operations, blanket contractual, cross liability, broad form property damage, independent contractors, owned and non-owned automobile and vehicle coverage, garage keeper’s liability (if Concessionaire manages parking or provides valet parking services), and dramshop and liquor liability coverage. The amount of any deductible or self-insured retention under said policy 1474
-17-
shall not exceed Ten Thousand Dollars ($10,000.00) without City’s written consent. City shall have the right at any time during the Term, not more frequently, than once every three (3) years, to deliver written notice to Concessionaire requiring Concessionaire to increase the amount of such policy so long as the required percentage increase in the coverage amount does not exceed the percentage increase in the Consumer Price Index published by the United States Department of Labor (All Items) for the smallest geographic area within which the Premises are located or are most proximate between the Commencement Date and the date of City’s notice, and in such event Concessionaire shall procure the increased amount of insurance and provide proof of same to City within thirty (30) days. Such insurance shall be primary insurance and not participating with or in excess of any coverage which City may carry. All such insurance shall specifically insure the performance by Concessionaire of the indemnity agreement set forth in Section 9.04 of this Agreement as to liability for damage to property or injury to or death of persons.
(ii) Worker’s Compensation Insurance.

A policy of worker’s compensation insurance and employer’s liability insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure, and provide legal defense for both City and Concessionaire against any loss, claim, or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Concessionaire in the course of carrying out the work or services contemplated in this Agreement.
(iii) Business Interruption Insurance.

A policy of business interruption insurance in sufficient amounts to cover any payment by Concessionaire, including Rent, to City for a period of not less than one (1) year during any casualty loss and restoration of the Premises while this Agreement remains in effect. Concessionaire’s obligation to pay Rent during any period of business interruption shall be offset only to the extent that insurance proceeds are actually received and attributable to Rent coverage. No full abatement of Rent shall apply except as otherwise expressly provided herein. (iv) Fire and Extended Coverage Insurance.

A policy of standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements, covering all Concessionaire Improvements to the Premises and Concessionaire’s trade fixtures, furnishings, equipment, and personal property on the Premises in an amount equal to one hundred percent (100%) of the replacement costs thereof.

Prior to the Commencement Date, pursuant to Section 3.01 of this Agreement, Concessionaire shall file with the City Clerk, in a form and content satisfactory to City, certificates of insurance for all of the above policies. All of the above policies shall be 1475
-18-
carried by companies rated “B-plus” (B+) or better in Best’s Insurance Guide, and shall be primary insurance and name City and its officers, employees, and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against City and against its officers, employees, and agents, and their respective insurers.

All of said policies of insurance shall provide that the said insurance may not be amended or cancelled without providing thirty (30) days' prior written notice to City. In the event any of said policies of insurance are cancelled or not renewed or extended, Concessionaire shall, prior to the cancellation or expiration date, submit new evidence of insurance to City. No operations or services authorized pursuant to this Agreement shall commence or continue until Concessionaire has provided City with certificates of insurance or appropriate insurance binders evidencing the above insurance coverages, and said certificates of insurance or binders are approved by City.

SECTION 8.02 WAIVER OF SUBROGATION.

Concessionaire hereby waives, to the maximum extent permitted by law and any policy issued by its insurance company, any and all rights of recovery against City, or against the employees, agents, and representatives of City, for loss of or damage to Concessionaire or its property or the property of others under its control, where such loss or damage is insured against under any insurance policy in force at the time of such loss or damage. Upon obtaining such insurance, Concessionaire shall give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in this Agreement. Concessionaire shall obtain and furnish evidence to City of the waiver of subrogation in favor of City from all insurance carriers furnishing insurance hereunder.

SECTION 8.03 INCREASES IN INSURANCE COSTS.

Concessionaire shall not carry any stock or goods or do anything in, on, or about the Premises at any time during the Term of this Agreement which will in any way tend to increase the insurance rates or the risks against which City maintains an insurance policy for any portion of the City’s Property, including the Premises. Concessionaire shall pay to City forthwith upon demand the amount of any increase in premiums for insurance carried by City resulting from Concessionaire’s acts or omissions, whether or not City shall have consented to such acts or omissions on the part of Concessionaire.

SECTION 8.04 INDEMNITY.

Regardless of any limitations on and exclusions from coverage of any insurance policies obtained by Concessionaire, Concessionaire shall fully indemnify, defend (with counsel acceptable to City), and hold harmless City and its officers, directors, shareholders, employees, and agents, and each of them (the foregoing being hereinafter collectively referred to as the “Indemnitees”), from and against any and all claims, actions, damages, liabilities, and expenses (including, without limitation, attorneys’ fees) for damage to property (including Concessionaire’s property) and injury to or death of persons (including officers, directors, employees, or agents of Concessionaire) directly or indirectly arising from or out of Concessionaire’s occupancy or use of the Premises or any part thereof, including the means of ingress into or egress from the Premises, arising 1476
-19-
from or related to Concessionaire’s acts or omissions in connection with its operations under this Agreement. This indemnity shall not apply to the extent of any active negligence or willful misconduct of the City or its indemnities. If the Premises are not surrendered at the time required pursuant to this Agreement, Concessionaire shall indemnify, defend, and hold harmless the Indemnitees against loss or liability resulting from the delay by Concessionaire in so surrendering the Premises, including, without limitation, claims made by any succeeding Concessionaire, other than City or an affiliate of City.

These indemnification obligations, and all other indemnification obligations set forth herein, shall survive expiration or termination of this Agreement.

SECTION 8.05 EXEMPTION OF CITY.

So long as City does not default in the performance of its obligations and duties pursuant to this Agreement, City shall not be liable to Concessionaire for injury or damage which may be sustained by any person, property, or effects of Concessionaire or any other person in or about the Premises caused by or resulting from fire, steam, electricity, gas, water, or rain, which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction, or other defects of the pipe, sprinklers, wires, appliances, plumbing, air conditioning, or lighting fixtures of the same, whether such damage or injury results from conditions arising upon the Premises or from other sources.

SECTION 8.06 CASUALTY DAMAGE.

8.06.1 Destruction by Risk Covered by Insurance.

If the Premises are totally or partially destroyed by a risk covered by insurance carried by Concessionaire, rendering the Premises totally or partially inaccessible or unusable, Concessionaire shall utilize the insurance proceeds to restore the Premises to substantially the same condition as they were in immediately prior to such destruction.

Restoration shall be commenced as soon as reasonably practicable, and in no event later than ninety (90) days after the later of (i) the date such destruction occurs or (ii) the date such insurance proceeds are made available for such restoration, and thereafter the work shall be diligently pursued to completion.

8.06.2 Damage Not Covered by Insurance.

If the Premises are totally or substantially destroyed by a risk not covered by and not required to be covered by insurance, then either Party may at its option elect to terminate this Agreement by giving written notice to the other Party within fifteen (15) days after determining the replacement cost; provided, however, that in such event this Agreement shall not terminate if the non-terminating Party shall, within thirty (30) days after receipt of such notice give written notice to the terminating Party of its election to cause the repair and restoration of the Premises at its cost. In such event, the Party electing to cause the repair and restoration shall, at its sole expense, provide the funds necessary therefor and shall thereafter promptly and diligently repair and restore the Premises. Each Party agrees in such event to assign all insurance proceeds to the Party 1477
-20-
electing to make the repairs. As used herein, the term “substantially destroyed” shall mean that the uninsured replacement cost exceeds the sum of Twenty-five Thousand Dollars ($25,000.00).

8.06.3 Replacement of Concessionaire’s Property.

In the event of the damage or destruction of improvements located on the Premises not giving rise to a termination of this Agreement, Concessionaire shall, at its own expense, replace and repair all Concessionaire’s trade fixtures, equipment, machinery, furnishings, furniture and inventory as soon as possible to permit the prompt continuation of Concessionaire’s business from the Premises.

8.06.4 Damage Near End of Agreement Term.

In the event more than fifty percent (50%) of the Premises are totally destroyed during the last six (6) months of the Initial Term or any Extended Term, Concessionaire and City shall each have the option to terminate this Agreement on written notice to the other of exercise thereof within thirty (30) days after such destruction.

8.06.5 Abatement of Rent.

If a partial damage or destruction of the improvements on the Premises occurs and this Agreement is not terminated, there shall be no abatement of Rent for a period of one year (the period of the business interruption insurance which Concessionaire is required to maintain pursuant to this Agreement), and Concessionaire shall continue to utilize the improvements for the operation of its business to the extent it may be practicable to do so. If, despite diligent effort, Concessionaire is unable to fully repair and restore the Premises during said one-year period, the Base Rent shall abate from the end of the oneyear period until the improvements on the Premises are fully repaired or restored, but only by that proportion that the unusable part of the improvements bears to the whole thereof.

8.06.6 Abatement for City-Caused Pier Closures
In the event the City closes the San Clemente Municipal Pier, in whole or in part, in a manner that restricts public access to the Premises due to City-initiated construction, safety conditions, or other City-controlled actions, or public-safety determinations not arising from Concessionaire's acts or omissions, and such closure continues for more than seven (7) consecutive days, Base Rent and Percentage Rent shall abate on a prorata daily basis from the eighth (8th) day of closure and continuing until access is restored.

This Section 8.06.6 shall survive any conflicting language in Sections 5.02.2 and 15.16. 1478
-21-
This provision shall not apply to routine, short-term, or scheduled closures, including but not limited to special events or annual operations.

ARTICLE IX

ASSIGNMENTS AND SUBLETTING
SECTION 9.01 ASSIGNMENT AND TRANSFER.

This Agreement is a personal contract in that City has entered into this Agreement to a material extent because of the unique character and quality of Concessionaire and Concessionaire’s existing business operations. Accordingly, Concessionaire shall not transfer, assign, sublet, devise, bequeath, enter into license or concession agreements, change ownership, mortgage, or hypothecate (hereinafter, collectively, “Transfer”) this Agreement or Concessionaire’s interest in and to all or any portion of the Premises, without prior written consent of the City, which may be granted or withheld in the City’s sole discretion. For purposes of this Agreement, a Transfer shall include, but not be limited to, (i) any assignment of this Agreement, (ii) any sublease or sublicense of all or any portion of the Premises, and (iii) any direct or indirect change in ownership or control of Concessionaire that results in a transfer of a controlling interest. Notwithstanding the foregoing, the following shall not constitute a Transfer requiring City consent, provided that Concessionaire provides prior written notice to the City: (a) transfers to an entity under common ownership or control with Concessionaire; (b) transfers made for estate planning purposes; and (c) the admission of passive minority investors, provided that such investors (i) do not have operational control over the business, (ii) collectively hold less than a controlling interest in Concessionaire, and (iii) the original principals remain actively involved in the day-to-day management of the concession. Any purported Transfer in violation of this Section shall be void and shall constitute a material breach of this Agreement. No Transfer, whether or not approved by the City, shall relieve Concessionaire of its obligations under this Agreement unless expressly agreed to in writing by the City.

SECTION 9.02 CITY REVIEW OF TRANSFER.

In evaluating any proposed Transfer requiring City approval, the City may consider any factors it deems relevant to the operation of the concession and the public interest, including, but not limited to, the proposed transferee’s financial capacity, operational experience, reputation, and ability to comply with the terms of this Agreement. Approval of any Transfer shall not be construed as a waiver of the requirement for City approval of any future Transfer. No Transfer shall release Concessionaire from its obligations under this Agreement unless expressly approved in writing by the City.

SECTION 9.03 OBLIGATIONS AND LIABILITIES OF TRANSFEREE.

Each Transfer to which there has been consent shall be by an instrument in writing in form satisfactory to City, and shall be executed by the transferor in each instance; and each transferee shall agree in writing for the benefit of City herein to assume, to be bound by, and to perform the terms, covenants, and conditions of this Agreement to be done, 1479
-22-
kept, and performed by Concessionaire, including the payment of all amounts due under this Agreement. Failure to comply with the provisions of this section shall operate to prevent any such Transfer from becoming effective.

SECTION 9.04 NO WAIVER OR RELEASE.

Consent to any Transfer which may be given by City or the acceptance of any Rent by City from Concessionaire or any third party, shall not constitute a waiver by City of the provisions of this Article or a release of Concessionaire from the full performance by it of the covenants contained herein to be performed by Concessionaire. Any consent given by City to any Transfer shall not relieve Concessionaire from the requirement of obtaining the written consent of City to any subsequent Transfer. The restrictions on transferability contained in this Article shall be considered a continuous covenant and shall run with the land.

ARTICLE X
MECHANICS’ LIENS
Concessionaire shall give City twenty (20) days’ prior written notice before any construction work on the Premises is undertaken by or on behalf of Concessionaire.

Concessionaire shall do all things reasonably necessary to prevent the filing of any mechanics’ liens or other liens against the Premises, or any part thereof, by reason of work, labor, services, or materials supplied or claimed to have been supplied to Concessionaire or anyone holding the Premises, or any part thereof, through or under Concessionaire. Without limiting the generality of the foregoing, Concessionaire shall record a notice of completion promptly upon the completion of any such work, labor, services or supplying of materials, in the manner permitted by law. If any such lien shall at any time be filed, Concessionaire shall promptly notify City of same and shall either cause the same to be discharged of record within twenty (20) days after the date of filing the same, or, if Concessionaire, in its discretion and good faith, determines that such lien should be contested, it shall furnish such security as may be required by law to prevent any foreclosure proceedings against the Premises, or any part thereof, or Concessionaire’s interest therein, during the pendency of such contest. If Concessionaire shall fail to discharge such lien within such period or fail to furnish such security, then, in addition to all other rights or remedies, City may, but shall not be obligated to, discharge the same no sooner than five (5) days after delivery of written notice to Concessionaire (and assuming Concessionaire has not cured its default within that period of time) (i) by paying the amount claimed to be due, (ii) by procuring the discharge of such lien by deposit in court, (iii) by giving security, or (iv) in such other manner as is, or may be, prescribed by law. Any amount paid by City for any of the aforesaid purposes, including all reasonable attorney’s fees to procure the discharge of such lien with all necessary disbursements in connection therewith, with interest thereon at the rate of ten percent (10%) per annum or the maximum rate permitted by law, whichever is less, from the date of payment, shall be repaid by Concessionaire to City on demand. Nothing herein contained shall imply any consent or agreement on the part of City to subject the Premises, or any part thereof, to liability under any mechanics’ lien law. 1480
-23-

ARTICLE XI

DEFAULT, TERMINATION, AND REMEDIES
SECTION 11.01 DEFINITION OF DEFAULT.

The occurrence of any one or more of the following events shall constitute a material “Default” of this Agreement by Concessionaire:

11.01.1 Rent Default.

The failure by Concessionaire to make, as and when due, any payment of Rent or other charges payable by Concessionaire hereunder, where such failure has continued for a period of ten (10) days after written notice thereof from City to Concessionaire. Any such notice shall be in lieu of, and not in addition to, any notice otherwise required under Sections 1161 and 1162 of the California Code of Civil Procedure.

11.01.2 Abandonment.

The abandonment or vacation of the Premises by Concessionaire. As used herein, abandonment is defined to include, without limitation, any absence of Concessionaire from the Premises for fifteen (15) consecutive days or longer, or the failure to continuously operate the business authorized by this Agreement for fifteen (15) consecutive days or longer, provided, however, that the following closures shall be excluded from the calculation of consecutive days: (a) closures during inclement weather; (b) closures specifically permitted under Section 6.02 (including the two-week December closure and Wednesday closures); (c) closures arising from City-caused conditions or pier closures; (d) closures excused by casualty loss or force majeure; and (e) any other closures of which Concessionaire has provided advance written notice to the Beaches, Parks & Recreation Director, excepting such failures as may be excused due to the occurrence of casualty losses or other events of force majeure as set forth in Section 16.16 of this Agreement.

11.01.3 Failure to Perform Covenants.

The failure by Concessionaire to observe or perform any of the express or implied covenants, promises, agreements, or provisions of this Agreement to be observed or performed by Concessionaire, where such failure has continued for a period of fifteen (15) days after written notice thereof from City to Concessionaire (or such other time period as may be expressly provided herein); provided, however, that if such failure to observe or perform cannot be cured with such fifteen (15) day period due to causes referred to in Section 16.16, Concessionaire shall not be deemed in Default of this Agreement if, within such fifteen (15) day period, Concessionaire promptly commences to cure such failure and thereafter diligently pursues the cure to completion. Any such notice shall be in lieu of, and not in addition to, any notice otherwise required under Sections 1161 and 1162 of the California Code of Civil Procedure. In the event Concessionaire fails to comply with the same material term, covenant, or condition of this Agreement on three (3) occasions during any twelve (12) month period of the Term, and is given notice as provided herein for each such failure, then each failure thereafter during 1481
-24-
such twelve (12) month period shall at the sole option of City constitute an incurable Default. The fifteen (15) day curing period provided for in this Subsection shall in no event be construed to lengthen or extend the curing periods provided elsewhere in this Section.

Furthermore, if the covenant, promise, agreement, or provision of this Agreement that Concessionaire fails to observe or perform is of such a nature that it cannot afterward be performed, then such failure shall constitute an incurable Default immediately upon occurrence and no notice or time to effect a cure need be given to Concessionaire.

11.01.4 Falsification of Statements.

The falsification by Concessionaire or an agent of Concessionaire of any report or statement required to be furnished to City pursuant to the terms of this Agreement, which at the sole option of City shall constitute an incurable Default.

11.01.5 Assignment of Possessory Interest.

The Transfer of Concessionaire’s rights and interest in this Agreement without City’s prior written consent, as set forth in Article X.

11.01.6 Insolvency
Insolvency, which shall be the (i) making by Concessionaire of any general assignment for the benefit of creditors; (ii) filing by or against Concessionaire of a petition to have Concessionaire adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Concessionaire, the same is dismissed within thirty (30) days); (iii) appointment of a trustee or receiver to take possession of substantially all of Concessionaire’s assets located on the Premises or of Concessionaire’s interest in this Agreement, where possession is not restored to Concessionaire within thirty (30) days; (iv) attachment, execution or other judicial seizure of substantially all of Concessionaire’s assets located on the Premises or of Concessionaire’s interest in this Agreement, where such seizure is not discharged within thirty (30) days thereafter; or (v) Concessionaire’s convening of a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts.

SECTION 11.02 NOTICE OF DEFAULT.

Notices given under this Article shall specify the alleged Default and the applicable provisions of this Agreement and shall demand that Concessionaire perform the provisions of this Agreement, or pay Rent or other sum that is otherwise due, within the applicable period or quit the Premises.

SECTION 11.03 CITY’S REMEDIES.

Upon the occurrence of a Default by Concessionaire, or at any time thereafter during the continuance of such Default, in addition to and not by way of limitation of any other rights and remedies City may have under this Agreement and applicable law, City 1482
-25-
shall have the right, at its option and without further notice or demand of any kind to Concessionaire, to any and all of the following remedies:

11.03.1 Continuation of Concessionaire’s Interest.

City may continue Concessionaire’s interest in the Agreement and Premises in full force and effect, and City shall have the right to collect any Rent payable to City when due. During the period Concessionaire is in Default, unless Concessionaire is diligently proceeding to cure the Default, City may enter the Premises and relet them or any part thereof to a third party or parties. Concessionaire shall be liable immediately to City for all costs City incurs in reletting the Premises, including costs for advertisements and brokerage fees. Reletting may be for a period shorter or longer than the remaining Term, whether the Initial Term or any Extended Term, of this Agreement. Concessionaire shall pay to City the rent due under this Agreement on the date such Rent is due, which payment shall be adjusted by the amount of Rent City receives from any reletting. No act of malfeasance, effort to relet, or any other act by City allowed by this Subsection 12.03.1 shall terminate Concessionaire’s interest in the Agreement unless City notifies Concessionaire in writing that City elects to terminate.

11.03.2 Termination of Concessionaire’s Interest.

City may terminate Concessionaire’s right to possession of the Premises at any time while Concessionaire is in Default, provided that Concessionaire is not diligently proceeding to cure such Default, by giving Concessionaire written notice specifying that the Default has not been cured and that City has terminated this Agreement, effective as of the date of termination set forth in such notice. Concessionaire’s interest in this Agreement shall terminate on the date specified in such notice as fully and completely as if such date were the date originally fixed for the expiration of the Initial Term or applicable Extended Term, and Concessionaire shall quit and surrender the Premises. No act by City other than giving such notice of termination to Concessionaire shall terminate Concessionaire’s interest in this Agreement. Upon termination of Concessionaire’s interest, in addition to any other rights City has pursuant to this Agreement or at law or in equity, City shall have the rights described in Section 12.04 of this Agreement.

11.03.3 Right to Appoint Receiver.

City shall have the right to have a receiver appointed to collect Rent and conduct Concessionaire’s business while Concessionaire is in Default, provided Concessionaire has not commenced to cure and is not diligently proceeding to cure said Default. Neither the filing of a petition for the appointment of a receiver nor the appointment thereof shall constitute an election by City to terminate this Agreement.

11.03.4 Right to Cure at Concessionaire’s Expense.

City may, at any time after Concessionaire commits a Default, cure such Default at Concessionaire’s expense. If City at any time, by reason of Concessionaire’s Default, pays any sum or does any act that requires the payment of any sum, the sum paid by City shall be due immediately from Concessionaire to City at the time the sum is paid, and if 1483
-26-
paid at a later date, shall bear interest in the amount of ten percent (10%) per annum or the maximum rate allowed by law, whichever is less, from the date the sum is paid by City until reimbursement by Concessionaire.

SECTION 11.04 TERMINATION OF AGREEMENT DAMAGES.

Upon City’s termination of this Agreement, as set forth in Section 12.03, City may recover as damages from Concessionaire any and all of the following:

11.04.1 Unpaid Rent at Termination.

The worth, at the time of award, of the unpaid and past due Rent at the time of termination.

11.04.2 Unpaid Rent at Award.

The worth, at the time of award, of the amount by which the unpaid Rent that would have been earned after the date of termination until the date of award exceeds the amount of the loss of Rent that Concessionaire proves could have been reasonably avoided.

11.04.3 Future Rent.

The worth, at the time of award, of the amount by which the unpaid Rent for the balance of the Initial Term, or the applicable Extended Term, exceeds the amount of the loss of Rent that Concessionaire proves could have been reasonably avoided.

11.04.4 Other Amounts.

Any other amount necessary to compensate City for all of the detriment proximately caused by Concessionaire’s failure to perform its obligations under this Agreement or that in the ordinary course of things would be likely to result therefrom, whether through inability to relet the Premises on satisfactory terms or otherwise, specifically including, but not limited to, (i) all reasonable expenses necessary to relet the Premises, which shall include the cost of advertisements and brokerage fees, and (ii) any increase in insurance premiums caused by the vacancy of the Premises.

SECTION 11.05 TERMS DEFINED.

As used in Section 12.04, the following terms are defined:

11.05.1 Worth at the Time of Award.

The “worth, at the time of award” of the amounts referred to in Subsections 12.01.1 and 12.01.2 is computed by allowing interest from the due date thereof to the date of payment at the rate of ten percent (10%) per annum or the maximum rate permitted by law, whichever is less. The “worth at the time of award” of the amount referred to in Subsection 12.01.3 is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%). 1484
-27-

11.05.2 Time of Award.

The “time of award” as used in Subsections 12.01.1, 12.01.2, and 12.01.3 is the date on which judgment is entered by a court of competent jurisdiction.

SECTION 11.06 CITY’S DEFAULT.

City shall be in Default of this Agreement if it fails or refuses to perform any provision of this Agreement that it is obligated to perform if the failure to perform is not cured within thirty (30) days after written notice of default has been received by City from Concessionaire. If such Default cannot be reasonably cured within thirty (30) days, City shall not be in Default if City commences to cure the Default within the thirty (30) day period and thereafter diligently and in good faith continues to cure the Default.

SECTION 11.07 INDEMNIFICATION UNAFFECTED.

Nothing in this Article shall limit or otherwise impair the right of City to indemnification from Concessionaire under this Agreement, whether before or after this Agreement expires or is terminated.

SECTION 11.08 NO TERMINATION.

Even though Concessionaire has breached this Agreement, this Agreement shall continue in effect for so long as City does not terminate Concessionaire’s right to possession, and City may enforce all of City’s rights and remedies under this Agreement, including the right to recover Rent as it becomes due.

SECTION 11.09 TERMINATION AND ENTRY.

In the event City terminates this Agreement, City may (upon such notice as is expressly provided in this Article XII) re-enter the Premises and take possession thereof and remove all persons therefrom, and Concessionaire shall have no further claim under this Agreement. Such termination shall not relieve Concessionaire of any obligation hereunder that has accrued prior to the date of such termination. City may take possession of all personal property of Concessionaire and of any other person that is located on the Premises and may store all such personal property on behalf of and at the risk and expense of Concessionaire. Within thirty (30) days after City takes possession thereof, Concessionaire may redeem such personal property upon payment to City in full of all amounts then due from Concessionaire to City hereunder and all costs incurred by City in providing such storage. If Concessionaire fails to redeem such personal property within such period, City may sell such personal property in any reasonable manner and shall apply the proceeds from such sale actually collected by City from such sale first against the costs of storage and sale and then against any other obligation due from Concessionaire hereunder. Concessionaire recognizes these rights as just and adequate remedies and hereby expressly waives any and all rights of redemption granted by or under present or future laws (including, without limitation, Sections 1174 and 1179 of California Code of Civil Procedure) in the event of Concessionaire’s being evicted or 1485
-28-
dispossessed for any cause, or in the event of City’s obtaining possession of the Premises by reason of a Default of Concessionaire under this Agreement, or otherwise.

SECTION 11.10 LIEN FOR RENT.

Concessionaire hereby grants to City a lien and security interest on all property of Concessionaire now or hereafter placed in or upon the Premises, and such property shall be and remain subject to such lien and security interest of City for payment of all Rent and any other amount required to be paid by Concessionaire under this Agreement. Said lien and security interest shall be in addition to and cumulative of the City’s liens and provided by law. This Agreement shall constitute a security agreement under the California Commercial Code (the “CCC”) so that City shall and may enforce a security interest on all property now or hereafter placed by or on behalf of Concessionaire in or on the Premises, including, but not limited to, all fixtures, machinery, equipment, furnishings, and other articles of personal property. Concessionaire shall execute as debtor such financing statement or statements as City may now or hereafter reasonably request in order that such security interest or interests may be protected pursuant to the CCC. City may, at its election at any time file a copy of this Agreement as a financing statement.

City, as secured Party, shall be entitled to all of the rights and remedies afforded a secured Party under the CCC.

SECTION 11.11 WAIVER.

No delay or omission in the exercise of any right or remedy of City shall impair such a right or remedy or be construed as a waiver. The waiver by the City of any failure by Concessionaire to perform any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition or any subsequent or preceding failure or breach of the same or any other term, covenant, or condition herein contained. The subsequent acceptance of Rent (or a portion thereof) by City shall not be deemed to be a waiver of any previous breach by Concessionaire of any term, covenant, or condition of this Agreement, other than the failure of Concessionaire to pay the Rent (or portion thereof) so accepted, regardless of City’s knowledge of such prior existing failure or breach at the time and acceptance of such Rent. Without limitation on the foregoing, no payment by Concessionaire or receipt by City of a lesser amount than the monthly installment of Rent due under this Agreement shall be deemed to be other than on account of the earliest Rent due hereunder, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and City may accept such check or payment without prejudice to City’s right to recover the balance of such Rent or pursue any other remedy available to City; no receipt of money by City from Concessionaire after the termination of this Agreement or after the service of any notice of the commencement of any suit, or after final judgment for possession of the Premises, shall reinstate, continue or extend the Initial Term or any Extended Term, or affect any such notice, demand or suit; and acceptance of any payment from a debtor in possession, a trustee or any other person acting on behalf of Concessionaire or Concessionaire’s estate shall not waive or cure a default hereunder. City’s consent to or approval of any act by Concessionaire requiring 1486
-29-
City’s consent shall not be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act by Concessionaire requiring City’s consent or approval.

SECTION 11.12 SURRENDER.

Prior to expiration of the Initial Term or any then-effective Extended Term, only an express written notice from City to Concessionaire of City’s intention to accept a surrender by Concessionaire shall constitute acceptance of the surrender of the Premises and accomplish a termination of this Agreement. No other act or conduct of City, including, without limitation, the acceptance of the keys to the Premises, shall constitute an acceptance of the surrender of the Premises before the expiration of the Initial Term or any then-effective Extended Term. City shall not, by any re-entry or other act, be deemed to have accepted any surrender by Concessionaire of the Premises or Concessionaire’s interest therein, or be deemed to have terminated this Agreement, or to have relieved Concessionaire of any obligation hereunder, unless City shall have given Concessionaire written notice of City’s election to terminate this Agreement.

SECTION 11.13 CUMULATIVE REMEDIES.

In addition to other remedies provided in this Agreement, City shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of the violation or attempted or threatened violation of any of the covenants, agreements, conditions or provisions of this Agreement, or to a decree compelling performance of any of the other covenants, agreements, conditions or provisions of this Agreement, or to any other remedy allowed to City at law or in equity. Except as provided herein or as provided under applicable California law in effect at the time of execution hereof, the rights and remedies reserved to City in this Article XII are independent and cumulative and in addition to all other rights available to City under this Agreement, at law or in equity, and City may pursue any or all of such rights and remedies, at the same time or otherwise.

ARTICLE XII
COMMON AREAS: USE, MAINTENANCE, AND COSTS
SECTION 12.01 DEFINITIONS.

As used herein, “Common Areas” shall mean all areas and improvements within the City’s Property, if any, that will not be held for exclusive use by City or by other persons entitled to occupy any space therein. Common Areas shall include parking areas, walkways, driveways, delivery passages, curbs, sidewalks, landscaped and planted areas, service areas, exterior and interior access ways and stairways, retaining walls, paving, light fixtures, and other areas and non-building improvements, where said Common Areas are provided by City for the common use of City, Concessionaires and their respective employees, agents and invitees, and the general public. City may make changes at any time in the size, shape, location, number, and extent of the Common Areas and may provide substitute parking, so long as Concessionaire’s access to the Premises is not unreasonably impaired. No such change shall entitle Concessionaire to any abatement of Rent. Before instituting any such changes, City shall notify 1487
-30-
Concessionaire thereof and consult with Concessionaire thereon, but Concessionaire’s consent thereto shall not be required, and City may institute such changes in its sole discretion.

SECTION 12.02 CONCESSIONAIRE’S RIGHT TO USE; CONCESSIONAIRE’S COOPERATION.

Concessionaire and its employees, agents, and invitees shall be entitled to use the Common Areas in common with City and with other persons authorized by City; provided, however, that Concessionaire’s use of the Common Areas shall not interfere with or impair the use and enjoyment of the City’s Property by City, other Concessionaires and occupants, their employees, agent, and invitees, or any other member of the public. The rights of Concessionaire in and to the Common Areas shall at all times be subject to the rights of City and the other Concessionaires and occupants of the City’s Property to use the same in common with Concessionaire. City shall not be responsible to Concessionaire for the violation or nonperformance by any other Concessionaire or occupant of the City’s Property for failure to observe Concessionaire’s right to use and enjoyment of the Common Areas. Concessionaire shall keep the Common Areas free and clear of any obstructions created or permitted by Concessionaire or resulting from Concessionaire’s operation.

SECTION 12.03 CONTROL BY CITY.

12.03.1 Management.

City shall operate, manage, equip, police, insure, light, repair, clean, and maintain the Common Areas. City may temporarily close the Common Areas, or any portion or portions thereof, for repairs or alterations, or to prevent a dedication thereof or the accrual of prescriptive right therein.

12.03.2 Exclusive Control.

City shall at all times have exclusive control of all Common Areas and may at any time restrain any use thereof, except as otherwise provided by law or in this Agreement.

City may at any time remove any unauthorized person from the Common Areas or prohibit the use thereof by unauthorized persons. If, in the opinion of City, unauthorized persons are using any of the Common Areas by reason of the presence of Concessionaire, Concessionaire, upon demand of City, shall remove such unauthorized persons by appropriate proceedings. Nothing herein shall affect the rights of City at any time to remove any such unauthorized persons from the Common Areas or to restrain the use of any of the Common Areas by unauthorized persons.

SECTION 12.04 PARKING.

Concessionaire and its employees and agents shall park their vehicles only in portions of the public parking areas within the Pier Bowl or Linda Lane Areas, which parking areas shall be reasonably close to the Premises. Concessionaire shall be entitled to two (2) free resident parking permits per calendar year. Concessionaire shall assume 1488
-31-
responsibility for compliance by its employees with the parking provisions contained herein. Concessionaire hereby authorizes City to tow away from the Common Areas any vehicle belonging to Concessionaire or Concessionaire’s employees or agents parking in violation of these provisions.

ARTICLE XIII

SIGNAGE
SECTION 13.01 USE OF SIGNAGE AND FIXTURES.

Concessionaire shall have the right, subject to obtaining any required governmental plans and permits and obtaining City’s prior written consent, which consent shall not be unreasonably denied, delayed, or conditioned, to:
(a) Install or affix to the exterior doors or windows of the Premises lighting fixtures, shades, awnings, or exterior decorations (including exterior painting); and (b) Install or affix to the exterior doors or windows of the Premises or to the face of the building any sign, lettering, placards, or the like.

SECTION 13.02 PROHIBITED ACTIVITIES.

Concessionaire shall not, without City’s prior written consent, do any of the following:
(a) Cause or permit to be used any advertising or other materials or methods which are objectionable to City, including, without limitation, loudspeakers, mechanical or moving display devices, unusually bright or flashing lights, and similar devices, the effect of which may be seen or heard outside the Premises;
(b) Solicit business in the parking areas, or distribute, or cause to be distributed, any handbills or other advertising matter in the parking areas or in other Common Areas; or
(c) Use any sign or advertising that is not of professional quality.

SECTION 13.03 MAINTENANCE.

Concessionaire shall at all times maintain its windows and signs in a neat, clean, and orderly condition. If, as to any sign exposed to the Common Areas, Concessionaire shall fail to do so after twenty-four (24) hours’ written notice from City, City may repair, clean, or maintain such exterior sign and the cost thereof shall be payable by Concessionaire to City upon demand as additional Rent.
1489
-32-

ARTICLE XIV

SECURITY DEPOSIT
A security deposit is on file with the City as stated in Article I, clause (vi) of this Agreement. The Security Deposit shall be held by City as security for the performance by Concessionaire of all of the terms, covenants, and conditions of this Agreement to be kept and performed by Concessionaire. The Security Deposit shall not be mortgaged, assigned, transferred, or encumbered by Concessionaire without the prior written consent of City and any such act on the part of Concessionaire shall be without force and effect and shall not be binding upon City. In the event of bankruptcy or other debtor-creditor proceedings against Concessionaire, such Security Deposit shall be deemed to be applied first to the payment of Rent and other charges due City for all periods prior to filing of such proceedings. If Concessionaire commits a Default with respect to any provision of this Agreement, including without limitation the provisions relating to the payment of Rent, City may (but shall not be required to) use, apply, or retain all or any part of the Security Deposit for the payment of any Rent or any other sum in default, or for the payment of any other amount which City may spend or become obligated to spend by reason of Concessionaire’s Default or to compensate City for any other loss or damage which City may suffer by reason of Concessionaire’s Default. If any portion of the Security Deposit is so used or applied, Concessionaire shall, within five (5) days or written demand therefore by City, deposit cash with City in an amount sufficient to restore the Security Deposit to its original amount, and Concessionaire’s failure to do so shall be a material Default of this Agreement. City shall not be required to keep the Security Deposit separate from its general funds, and Concessionaire shall not be entitled to interest on the Security Deposit. If Concessionaire fully performs every provision of this Agreement to be performed by it, the Security Deposit or any balance thereof shall be returned to Concessionaire (or, at City’s option, to the last assignee of Concessionaire’s interest hereunder) upon termination of this Agreement. In the event of termination of City’s interest in this Agreement, City shall transfer the Security Deposit to City’s successor in interest, and upon such transfer, City shall be discharged from any further liability with respect to the Security Deposit.

ARTICLE XV

MISCELLANEOUS
SECTION 15.01 CITY’S RIGHT OF ACCESS.

Upon reasonable prior notice to Concessionaire, City and its agents shall have free access to inspect the Premises during Concessionaire’s normal business hours (or at other times in the event of a sudden and unanticipated emergency), to make reasonable repairs or installations which City may be required or permitted to make hereunder, to exhibit the Premises to prospective purchasers or Concessionaires, and to post notices required or permitted by law.
1490
-33-
SECTION 15.02 NONDISCRIMINATION.

Concessionaire covenants, by and for itself, and its successors and assigns, and this Agreement is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or any other protected class pursuant to federal, state, or local law, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the Premises, nor shall Concessionaire, or any person claiming under or through Concessionaire, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of licensees, Concessionaires, lessees, sublessees, or vendees in the Premises.

The foregoing provisions shall be binding upon and shall obligate City and Concessionaire and any transferees or assignees of either of them.

SECTION 15.03 TRANSFER OF CITY’S INTEREST.

Upon any transfer of City’s interest in the Premises, the transferor shall be automatically relieved of all obligations and liabilities on the part of City accruing after the date of such transfer.

SECTION 15.04 SEVERABILITY.

Any provision of this Agreement that shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof, and such remaining provisions shall remain in full force and effect.

SECTION 15.05 TIME OF ESSENCE.

Time is of the essence with respect to every provision of this Agreement.

SECTION 15.06 AGREEMENT NOT SUBJECT TO LEVY.

This Agreement and the interest of Concessionaire hereunder shall not be subject to garnishment or sale under execution in any action or proceeding which may be brought against or by Concessionaire without the written consent of City.

SECTION 15.07 NON-PARTNERSHIP.

It is understood and agreed that neither Party shall be construed or held to be a partner, joint venture, affiliate, or associate of the other, nor shall either Party be liable for any debts or other obligations incurred by the other; and that the relationship of the Parties hereto is and at all times shall be and remain that of City and Concessionaire. 1491
-34-
SECTION 15.08 BROKERS.

Concessionaire hereby warrants and represents that Concessionaire has not dealt with any brokers. Concessionaire shall defend (with counsel acceptable to City), indemnify and hold harmless City from any and all claims, costs, expenses (including, without limitation, attorneys’ fees), and liability for any commission, brokerage fee, or other charge claims against City by any broker, agent, or finder purporting to have been engaged by Concessionaire in connection with this Agreement, which indemnity obligation shall survive the termination of this Agreement.

SECTION 15.09 QUITCLAIM.

At the termination of this Agreement, Concessionaire shall execute, acknowledge, and deliver to City, within ten (10) days after written demand from City, any quitclaim deed or other document reasonably required by any reputable title company to remove the cloud of this Agreement from the title to the real property subject to this Agreement.

SECTION 15.10 SAFETY AND HEALTH.

Concessionaire shall at all times during the Initial Term, any Extended Term, and any holdover period, comply with the requirements of the Occupational Safety and Health Act of 1970, 29 U.S.C. Section 651 et seq., and any similar legislation in California (collectively, the “Act”), to the extent that the Act applies to the Premises and operations thereon. Without limiting the generality of the foregoing, Concessionaire shall maintain all working areas, all machinery, structures, electrical facilities, and the like upon the Premises in a condition that fully complies with the requirements of the Act.

Concessionaire shall defend (with counsel acceptable to City), indemnify and hold harmless City from any liability, claims, or damages arising as a result of a breach of the foregoing covenant and from all costs, expenses, and charges arising therefrom, including, without limitation, attorneys’ fees and court costs incurred by City in connection therewith, which indemnity obligation shall survive the termination of this Agreement.

SECTION 15.11 ATTORNEY’S FEES.

If either City or Concessionaire institutes any action or proceeding against the other relating to the provisions of this Agreement, or any default hereunder, the unsuccessful Party in such action or proceeding shall reimburse the prevailing Party therein for the reasonable expenses, disbursements, and attorneys’ fees incurred therein by the prevailing Party.

SECTION 15.12 CAPTIONS.

Article, Section, and Subsection captions in this Agreement have been inserted solely for the convenience of the Parties, and such captions, headings, and titles shall in no way define or limit the scope, intent, or application of any provision of this Agreement. 1492
-35-
SECTION 15.13 INUREMENT.

Subject to any provisions hereof restricting assignment or subletting by Concessionaire, the terms and conditions contained in the Agreement shall bind the Parties and their successors and assigns.

SECTION 15.14 CHOICE OF LAW.

This Agreement shall be construed in accordance with and governed by the internal laws of the State of California, without regard to conflict of law principles.

SECTION 15.15 GENDER; NUMBER.

Throughout this Agreement, the stated gender shall be read to mean the feminine, masculine, or neuter, and the stated number shall be read to mean the singular or plural, as the context may require.

SECTION 15.16 FORCE MAJEURE.

In the event City or Concessionaire is delayed, hindered, or prevented from performing any act required hereunder by reason of strikes, lockouts, or other labor troubles, inability to procure or shortage of materials or supplies, failure of power, energy shortages, restrictive governmental laws or regulations, inclement weather, fire, explosion, earthquake or other casualty, riots, insurrection, war, act of God, or other causes that are without the fault and beyond the reasonable control of such Party, then the performance of such Party shall be excused for and extended by the period of such delay provided that such Party notifies the other Party of such delay and the cause within ten (10) days. The provisions herein shall not operate to excuse Concessionaire from the prompt payment of Rent or any other payment required under this Agreement, unless herein otherwise expressly provided to the contrary. In no event shall Concessionaire’s inability to obtain financing, interest rates, or market conditions excuse Concessionaire’s performance or entitle Concessionaire to an extension of time for performance of its obligations set forth in this Agreement.

SECTION 15.17 NO REPRESENTATIONS OR WARRANTIES BY CITY.

Concessionaire agrees to accept physical possession of the Premises in a strictly “as-is” physical condition, subject to all matters of record and to all applicable zoning, municipal, county, state, and federal laws, ordinances, and regulations governing and regulating the use of the Premises. Concessionaire acknowledges that neither City nor City’s agents have made any representation or warranty as to such matters of record, or as to such laws, ordinances, zoning regulations, or as to the condition of the Premises or the suitability of the Premises for the conduct of Concessionaire’s business. City reserves the absolute right to Agreement other space within City’s Property as City, in the exercise of its sole business judgment, shall determine to better promote its interests.

Concessionaire does not rely on the fact, nor does City represent, that any specific Concessionaire or number of Concessionaires shall during the Initial Term or Extended Term occupy any other space within the City’s Property. 1493
-36-
SECTION 15.18 EFFECTIVENESS OF AGREEMENT.

Submission of this instrument for examination or signature by Concessionaire does not constitute an offer of or option to Agreement; it is not effective as an Agreement otherwise until execution by City and delivery thereof to Concessionaire.

SECTION 15.19 INCORPORATION OF PRIOR AGREEMENT AGREEMENTS.

This Agreement and the Exhibits hereto cover in full each and every agreement of every kind or nature whatsoever between the Parties concerning the Premises, and all preliminary negotiations and agreements of whatsoever kind or nature, except those contained herein, are superseded and of no further force or effect. City has made no representations or promises whatsoever with respect to the Premises, except those contained herein; and no other person, firm, or corporation has at any time had any authority from City to make any representations or promises on behalf of City, and Concessionaire expressly agrees that if any such representations or promises have been made by others, Concessionaire hereby waives all right to rely thereon. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement, any statute, law, or custom to the contrary notwithstanding. No provision of this Agreement may be amended or added to except by an agreement in writing signed by the Parties hereto or their respective successors in interest. Concessionaire, by initialing this section, acknowledges that it has read the same and understands it to be a waiver of any right to rely on any representations or agreements concerning the Premises not expressly set forth in this Agreement.

Concessionaire’s Initials
City’s Initials
SECTION 15.20 NOTICES.

Any notice required or permitted hereunder shall be in writing and shall be served personally or by certified or registered mail. If served by mail, notice shall be addressed as specified in Article I. Any notice given by mail shall be deemed to have been delivered seventy-two (72) hours after deposit in the United States mail, postage prepaid and addressed as specified in Article I. Either Party may, by written notice to the other, specify a different address for notice.

SECTION 15.21 SERVICE OF PROCESS.

Concessionaire hereby appoints as its agent for receiving service of legal process on behalf of Concessionaire the person or entity identified in Article I at the address specified therein. Concessionaire shall not revoke or rescind the above appointment or otherwise relieve or replace said agent without first notifying City in writing of the name and address of another agent to be substituted in lieu thereof. Such notice shall specify the effective date of substitution.
1494
-37-
SECTION 15.22 COUNTERPARTS.

This Agreement may be signed by the Parties in several counterparts, and each of the signature pages shall be deemed to be an original copy and, when combined, shall be a document binding on the Parties.

SECTION 15.23 ELECTRONIC SIGNATURES.

This Agreement may be signed electronically with the same force and effect as original ink signatures.
[Signature Page to Follow]
1495
-38-
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite their signatures.

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization

HOOK AND COOK SC, LLC
a Limited Liability Company
(“CONCESSIONAIRE”)
By:_____________________________
Lauren Rivard, CEO
Dated: _________________________
1496
Attachment 2
-39-
EXHIBIT “A”

DEPICTION OF THE PREMISES
The Premises subject to this Concession Agreement consist of the bait and tackle concession facility located at the terminus (seaward end) of the San Clemente Municipal Pier.

The Premises include:
 The interior concession structure is commonly referred to as the “end-of-pier bait and tackle shop”
 Service windows and associated operational areas directly attached to the structure
 Limited adjacent exterior areas immediately surrounding the structure, as necessary for day-to-day concession operations, as determined and approved by the City as depicted on Exhibit A-1 or in another writing by the City The Premises do not include:
 Public seating areas beyond those specifically designated by the City  Public walkways or fishing areas on the pier
 Any additional pier structures or facilities not expressly identified Use of any exterior space beyond the footprint of the concession building shall be subject to prior written approval by the City and may be modified or revoked at the City’s discretion.
1497
Attachment 2
-40-
EXHIBIT “A-1”

SITE MAP
[See attached]
1498
-41-
EXHIBIT “B”

LIST OF EQUIPMENT
City-Provided Equipment
Hood, blower, flashing, fire suppression, and Ansel System Water heater
Grease Trap
Swamp Cooler
Entry security system
Entry door fly fan
Service window pull-down screens
Floor sink
Four (4) roll-down doors
Provided by Lessee
[To be provided upon execution]
1499

TABLE OF CONTENTS
Page
-iARTICLE I SUMMARY OF FUNDAMENTAL AGREEMENT TERMS..........................1 ARTICLE II AGREEMENT OF PREMISES ..................................................................4 SECTION 2.01 GENERAL. .........................................................................4 SECTION 2.02 QUIET ENJOYMENT. ........................................................4 SECTION 2.03 AS-IS CONDITION.............................................................4

ARTICLE III TERM
SECTION 3.01 COMMENCEMENT AND DURATION................................5 SECTION 3.02 SURRENDER; HOLDING OVER. ......................................5

ARTICLE IV RENT
SECTION 4.01 AMOUNT OF RENT. ..........................................................5 SECTION 4.02 TIME OF PAYMENT. .........................................................6 SECTION 4.03 CALCULATION OF PERCENTAGE RENT........................6 SECTION 4.04 ACCOUNTING FOR GROSS SALES. ...............................6 SECTION 4.05 MAINTENANCE AND INSPECTION OF RECORDS;
AUDIT.................................................................................7 SECTION 4.06 MANNER OF PAYMENT....................................................8 SECTION 4.07 DELINQUENT PAYMENTS................................................8

4.07.1 Interest. ..............................................................................8

4.07.2 Late Charge........................................................................8

4.07.3 Independent Rights. ...........................................................9 ARTICLE V TAXES AND UTILITY CHARGES ............................................................9 SECTION 5.01 TAXES................................................................................9

5.01.1 Taxes for Possession of Premises. ....................................9

5.01.2 Right to Contest Taxes.......................................................9 SECTION 5.02 UTILITIES.........................................................................10

5.02.1 Payment for Services. ......................................................10

5.02.2 Interruption of Service. .....................................................10 ARTICLE VI USE OF PREMISES...............................................................................11 SECTION 6.01 USE..................................................................................11 SECTION 6.02 HOURS OF OPERATION. ...............................................11 SECTION 6.03 RESTRICTIONS ON USE................................................12

6.03.1 Access for Disabled Persons............................................12

6.03.2 Nuisance, Waste, Peaceful Co-existence.........................13 SECTION 6.04 CONCESSIONAIRE’S CONDUCT OF BUSINESS..........13 SECTION 6.05 GENERAL PROVISIONS.................................................14 SECTION 6.06 CITY’S RIGHT OF SUBSTITUTED PERFORMANCE. ....14

ARTICLE VII CONSTRUCTION, ADDITIONS, ALTERATIONS, AND
IMPROVEMENTS ............................................................14 1500
Page
-iiSECTION 7.01 CONCESSIONAIRE IMPROVEMENTS...........................14 SECTION 7.02 CONCESSIONAIRE’S PROPERTY. ................................15 ARTICLE VIII INSURANCE; INDEMNITY ..................................................................16 SECTION 8.01 CONCESSIONAIRE’S INSURANCE................................16 SECTION 8.02 WAIVER OF SUBROGATION..........................................18 SECTION 8.03 INCREASES IN INSURANCE COSTS.............................18 SECTION 8.04 INDEMNITY......................................................................18 SECTION 8.05 EXEMPTION OF CITY. ....................................................19 SECTION 8.06 CASUALTY DAMAGE......................................................19

8.06.1 Destruction by Risk Covered by Insurance.......................19

8.06.2 Damage Not Covered by Insurance. ................................19

8.06.3 Replacement of Concessionaire’s Property......................20

8.06.4 Damage Near End of Agreement Term............................20

8.06.5 Abatement of Rent. ..........................................................20 ARTICLE IX ASSIGNMENTS AND SUBLETTING.....................................................21 SECTION 9.01 NO ASSIGNMENT ALLOWED.........................................21 SECTION 9.02 CERTAIN TRANSFERS...................................................21 SECTION 9.03 OBLIGATIONS AND LIABILITIES OF TRANSFEREE.....21 SECTION 9.04 NO WAIVER OR AGREEMENT.......................................22 ARTICLE X MECHANICS’ LIENS ..............................................................................22 ARTICLE XI DEFAULT, TERMINATION, AND REMEDIES ......................................23 SECTION 11.01 DEFINITION OF DEFAULT..............................................23

11.01.1 Rent Default. ....................................................................23

11.01.2 Abandonment...................................................................23

11.01.3 Failure to Perform Covenants...........................................23

11.01.4 Falsification of Statements. ..............................................24

11.01.5 Assignment of Agreementhold Interest. ...........................24

11.01.6 Insolvency ........................................................................24 SECTION 11.02 NOTICE OF DEFAULT.....................................................24 SECTION 11.03 CITY’S REMEDIES. .........................................................24

11.03.1 Continuation of Concessionaire’s Interest. .......................25

11.03.2 Termination of Concessionaire’s Interest. ........................25

11.03.3 Right to Appoint Receiver.................................................25

11.03.4 Right to Cure at Concessionaire’s Expense. ....................25 SECTION 11.04 TERMINATION OF AGREEMENT DAMAGES. ...............26

11.04.1 Unpaid Rent at Termination..............................................26

11.04.2 Unpaid Rent at Award. .....................................................26

11.04.3 Future Rent. .....................................................................26

11.04.4 Other Amounts. ................................................................26 SECTION 11.05 TERMS DEFINED. ...........................................................26

11.05.1 Worth at the Time of Award..............................................26

11.05.2 Time of Award. .................................................................27 1501
Page
-iiiSECTION 11.06 CITY’S DEFAULT.............................................................27 SECTION 11.07 INDEMNIFICATION UNAFFECTED. ...............................27 SECTION 11.08 NO TERMINATION. .........................................................27 SECTION 11.09 TERMINATION AND ENTRY. ..........................................27 SECTION 11.10 LIEN FOR RENT. .............................................................28 SECTION 11.11 WAIVER. ..........................................................................28 SECTION 11.12 SURRENDER...................................................................29 SECTION 11.13 CUMULATIVE REMEDIES...............................................29 ARTICLE XII COMMON AREAS: USE, MAINTENANCE, AND COSTS ...................29 SECTION 12.01 DEFINITIONS...................................................................29 SECTION 12.02 CONCESSIONAIRE’S RIGHT TO USE;
CONCESSIONAIRE’S COOPERATION. .........................30 SECTION 12.03 CONTROL BY CITY.........................................................30

12.03.1 Management. ...................................................................30

12.03.2 Exclusive Control..............................................................30 SECTION 12.04 PARKING. ........................................................................30 ARTICLE XIII SIGNAGE 31
SECTION 13.01 USE OF SIGNAGE AND FIXUTRES…………..……………27
SECTION 13.02 PROHIBITED ACTIVITIES...............................................31 SECTION 13.02 MAINTENANCE. ..............................................................31 ARTICLE XIV SECURITY DEPOSIT ..........................................................................32 ARTICLE XV MISCELLANEOUS...............................................................................32 SECTION 15.01 CITY’S RIGHT OF ACCESS. ...........................................32 SECTION 15.02 NONDISCRIMINATION....................................................33 SECTION 15.03 TRANSFER OF CITY’S INTEREST. ................................33 SECTION 15.04 SEVERABILITY................................................................33 SECTION 15.05 TIME OF ESSENCE.........................................................33 SECTION 15.06 AGREEMENT NOT SUBJECT TO LEVY.........................33 SECTION 15.07 NON-PARTNERSHIP.......................................................33 SECTION 15.08 BROKERS........................................................................34 SECTION 15.09 QUITCLAIM......................................................................34 SECTION 15.10 SAFETY AND HEALTH....................................................34 SECTION 15.11 ATTORNEY’S FEES. .......................................................34 SECTION 15.12 CAPTIONS.......................................................................34 SECTION 15.13 INUREMENT....................................................................35 SECTION 15.14 CHOICE OF LAW.............................................................35 SECTION 15.15 GENDER; NUMBER. .......................................................35 SECTION 15.16 FORCE MAJEURE...........................................................35 SECTION 15.17 NO REPRESENTATIONS OR WARRANTIES BY CITY..35 SECTION 15.18 EFFECTIVENESS OF AGREEMENT. .............................36 SECTION 15.19 INCORPORATION OF PRIOR AGREEMENT
AGREEMENTS. ...............................................................36 1502
Page
-ivSECTION 15.20 NOTICES. ........................................................................36 SECTION 15.21 SERVICE OF PROCESS. ................................................36 SECTION 15.22 COUNTERPARTS............................................................37 1503
Attachment 3
1504
1505
1506
1507
1508
1509
1510
1511
1512
1513
1514
1515
1516
1517
1518
1519
1520
1521
1522
1523
1524
1525
1526
1527
1528
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: May 19, 2026 Agenda Item: 11I.

Submitted By: Public Works
Prepared By: Niki Beach, Environmental Programs Analyst Subject:
..titl e

CONSIDERATION OF A RESOLUTION RATIFYING AND APPROVING AN ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) MEASURE M2 ENVIRONMENTAL CLEANUP PROGRAM TIER 1 GRANT SUBMITTAL, APPROVING A 20% MATCH FOR THE NORTHERN

SAN CLEMENTE ROADWAYS RUNOFF TREATMENT PROJECT, APPROVING AN

AMENDMENT TO THE CAPITAL IMPROVEMENT PLAN AND FINDING THE PROJECT EXEMPT ..body FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Summary:

The City Council is being asked to consider adoption of Resolution 26-91 (Attachment 1) which authorizes the potential receipt of grant funding from OCTA, approves funding the required 20% local match amount for the Northern San Clemente Roadways Runoff Treatment Project (Project), and approves an amendment to the Measure M2 seven-year Capital Improvement Program as required under the guidelines for the Measure M2 Comprehensive Transportation Funding Program.

On May 1, 2026, staff submitted an application for the Project to the OCTA Measure M2 Environmental Cleanup Program Tier 1 Call for Projects. The Project proposes Phase 6 of the installation of trash capture devices in City-owned storm drain inlets to reduce pollutant loading into the storm drain system and to progress towards compliance with regulatory requirements.

Background:

The California State Water Resources Control Board (State Water Board) currently imposes a regulatory requirement on all cities to install certified “Full Capture System” (FCS) catch basin inserts throughout high-traffic Priority Land Use (PLU) areas, including commercial, industrial, and mid- to high-density residential areas, that prevent all trash and debris greater than 5 mm in diameter from reaching receiving waters such as rivers, creeks and the Pacific Ocean.

Attachment 2 provides a map of the PLU areas throughout the City, all of which will eventually be addressed with catch basin retrofits, or other full trash capture equivalent devices or operational practices. Cities have until the end of calendar year 2030 to retrofit catch basins in PLU areas to comply with the regulation, which is commonly known as the Trash Amendments.

In May 2010, the OCTA Board of Directors approved the Environmental Cleanup Allocation Program to make funds available through the Environmental Cleanup Program to help protect Orange County beaches and waterways from transportation-generated pollution in stormwater and urban runoff, improve overall water quality, and to some extent, to comply with the Trash Amendments. The OCTA Board of Directors approved a two-tier grant approach to the 1529
Meeting Date: May 19, 2026 Agenda Item: 11I.

CITY OF SAN CLEMENTE 2
Environmental Cleanup Allocation Program; Tier 1 funding is focused on small localized projects, while Tier 2 funding consists of regional, potentially multi-jurisdictional capital-intensive projects.

The funds are designed to supplement existing transportation-related water quality programs.

Because of the competitive nature of the application process, not all cities submitting applications will be guaranteed grant funding.

Calls for projects under Tier 1 of the Environmental Cleanup Program are typically released by OCTA annually each spring. Tier 1 funding is intended to mitigate the more visible form of pollutants such as litter and debris that collects on roadways and in storm drains prior to being deposited in waterways and the ocean. The grant program can fund equipment purchases and upgrades to existing catch basins and related best management practices (BMPs) such as screens, filters, inserts and other street-scale low-flow diversion projects.

Discussion:

On May 1, 2026, City staff submitted an application for an Environmental Cleanup Program Tier 1 grant for the Northern San Clemente Roadways Runoff Treatment Project, which, if successfully funded and implemented, will significantly reduce the City’s net costs to retrofit 137 catch basins within the City that collect runoff from its PLU areas. Through a series of previous grant awards under the OCTA Environmental Cleanup Program Tier 1 program, trash capture devices have already been installed on 315 devices throughout the City since 2021.

In late 2025, the City was approved for an Environmental Cleanup Program Tier 1 grant to install FCS devices on 123 catch basins and the work is anticipated to be completed in early FY 2026-

27. The proposed grant application is for Phase 6 of the project to install inserts on an additional 137 catch basins, which would be installed in early FY 2027-28. Attachment 3 provides the project area maps for the Northern San Clemente Roadways Runoff Treatment Project, which is the focus of this 2026 Tier 1 grant application.

The following two photos depict the types of FCS certified insert devices that already support full trash capture throughout the City, additional units of which are proposed for purchase and installation in this grant application.

1530
Meeting Date: May 19, 2026 Agenda Item: 11I.

CITY OF SAN CLEMENTE 3
In the 120 of 126 catch basins where CPS units can be installed, the grant application proposes also installing Automatic Retractable Screen (ARS) devices at the opening of the catch basin to trap larger debris such as cups, straws and other litter before they can enter the catch basin vault, improving functionality and reducing long-term maintenance burdens. These ARS devices are also already installed and functional in many parts of the City, protecting inlets from debris that is subsequently collected during routine street sweeping processes. ARS devices are also proposed to be installed in 7 additional catch basin openings where CPS units cannot be feasibly deployed.

An example of an installed set of three ARS devices is shown below.

Automatic Retractable Screen (ARS):

Depending on the characteristics of each catch basin in the project, one of two types of FCS trash capture devices -- Grate Inlet Screens (GITS) or Connector Pipe Screens (CPS) – are proposed to meet the requirement to fully capture debris down to 5mm in size, inclusive of material as small as a cigarette butt. Each CPS would be installed inside the catch basin vault at its outlet, and a Vactor truck would be utilized to regularly remove this debris from the catch basin. Each CPS device also has an overflow component so that during extreme rain events, the stormwater can overtop the CPS device and flow from the vault to prevent street flooding.

The GITS devices serve a similar purpose but are installed below storm inlets whose opening is a grate that is level with the roadway surface. The ARS devices in this project are proposed to provide a first line of defense for trash entering an inlet equipped with a CPS, and are expected to reduce the amount of material that needs to be removed from the inlet vault, compared to the curb and gutter, which are easier to access and maintain. An ARS can also be utilized as standalone device to prevent trash larger than ¾” from entering the storm drain where catch basin inserts are not feasible solutions. Additionally, installed ARS devices serve an educational purpose by building visual awareness that only rain should enter the storm drain.

When the Trash Amendments were first adopted by the State Water Board in 2015, City staff’s estimate of catch basins receiving drainage from PLU areas and requiring FCS devices was 559.

However, staff have since acknowledged that newer developments and redevelopments, such as the San Clemente Outlets and the Steed Park pickleball courts and pump track, were never included in the original tabulation. The City will likely be required to install additional FCS inserts in these similar land use areas, and/or will need to use FCS installations located in high-traffic 1531
Meeting Date: May 19, 2026 Agenda Item: 11I.

CITY OF SAN CLEMENTE 4
areas, that are nonetheless outside of official PLU areas, to offset trash loading in PLU areas where catch basins are not able to be feasibly retrofitted due to irregular sizing or other concerns.

The City can also seek to take partial credit for ARS devices which are not certified full capture but can reduce trash loading even as a standalone device. The Northern San Clemente Roadways Runoff Treatment Project, if awarded and constructed, would bring the City to a potential total of 575 catch basins with trash capture devices by FY 2027-28. Beyond that, City staff are continuing to assess where a small number of final installations need to occur, and how to consult with the State Water Board on substitute locations, and/or devices and operational practices, for catch basins that have proven difficult to retrofit with FCSs prior to 2030, in order to achieve regulatory compliance by the deadline.

Per the Comprehensive Transportation Funding Program Guidelines, the City Council must authorize a formal amendment to the seven-year Capital Improvement Program that is submitted to OCTA annually as part of the Renewed Measure M Ordinance eligibility requirement. This is a project planning effort that is distinct from the City’s own Capital Improvement Program (CIP).

Staff have already included the Northern San Clemente Roadways Runoff Treatment Project in the City’s draft FY 2027-28 CIP, which has not yet been approved by the City Council. If the grant application is approved, staff will return with a request that the Council to accept the grant funding, approve the grant agreement and make any supplemental appropriations that may be needed.

Considerations Identified by Staff:

The combination of increasingly stringent water quality regulations, with the loss of a dedicated Clean Ocean Fee funding source since its expiration in 2020, has made the pursuit of grant opportunities particularly important for water quality pollution prevention and treatment projects, as with many other projects in the City’s Capital Improvement Program. This grant application is one such opportunity to fund a project with a small match requirement to achieve a goal explicitly required by state regulations.

While staff has determined that trash capture devices on storm drain inlets are one of the most cost-effective types of water quality projects that both reduce pollution and contribute to regular compliance, this project, if approved for grant funding and, at a later date, for construction, would require the City to fund both the 20% match requirement, as well as ongoing regular maintenance by existing Utilities staff.

The decision presently before the City Council is to ratify and authorize a grant application and does not require the Council to approve the project for construction, with or without an award of funding. However, this authorization is a required time-sensitive step in pursuing funding from OCTA through its Environmental Cleanup Program. It would also be in keeping with precedent, as the City Council has previously authorized five similar Environmental Cleanup Program Tier 1 applications for trash capture device funding, all of which resulted in grant awards. All but the latest of these grant-winning projects have been successfully implemented and maintained with quantifiable water quality benefits.
1532
Meeting Date: May 19, 2026 Agenda Item: 11I.

CITY OF SAN CLEMENTE 5
Council Options:
 Adopt Resolution No. 26-91 (Attachment 1), approving and ratifying the submittal of the Environmental Cleanup Program Tier 1 grant application to OCTA, approving the local 20% match if the grant application is approved, finding the project exempt from the California Environmental Quality Act and approving an amendment to the Measure M2 seven-year Capital Improvement Program.
 Modify and adopt Resolution No. 26-91.
 Continue the Item and direct staff to provide additional information. Note that to successfully complete the City’s grant application, City Council authorization is required by June 16, 2026, to occur at least four weeks prior to OCTA’s plan to allocate funds on August 1, 2026, per the Measure M2 Comprehensive Transportation Funding Program guidelines.  Deny the adoption of Resolution No. 26-91 and direct staff to withdraw the City’s application to OCTA for Environmental Cleanup Program Tier 1 funding.

Environmental Review/Analysis:

While the recommended action, which authorizes the submittal of a grant application, is not a project pursuant to the 2026 California Environmental Quality Act (CEQA) Guidelines Section 15378, the proposed project in the grant application is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of the repair of existing public facilities involving no expansion of an existing use.

Fiscal Impact:

The grant application itself has no fiscal impact. Should the grant application be authorized by the City Council, a grant be awarded to the City, and a construction contract be awarded, the total project cost is anticipated to be $734,169. The project would be funded from a total of $587,335 in OCTA M2 Environmental Cleanup Program (ECP) funds, as well as a 20% local funding contribution (match) of up to $146,834, as either part of the soon-to-be approved FY 2027-28 budget for Clean Ocean Improvements, or as a supplemental appropriation, if needed.

Potential Action(s):
..recommendation
If the City Council concurs with the contents of the staff report, it would be appropriate to adopt Resolution No. 26-91, which will:

1. Find the proposed Northern San Clemente Roadways Runoff Treatment Project categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR Section 15301) of the State CEQA Guidelines, as it consists of the repair of existing public facilities involving no expansion of an existing use;

2. Approve and ratify the submittal of the OCTA Environmental Cleanup Program Tier 1 Grant Application (Attachment 4);

3. Approve and authorize a 20% local funding contribution (match), if the grant is awarded; and 1533
Meeting Date: May 19, 2026 Agenda Item: 11I.

CITY OF SAN CLEMENTE 6

4. Authorize a formal amendment to the Measure M2 seven-year Capital Improvement Program to add the Northern San Clemente Roadways Runoff Treatment Project upon approval from the Orange County Transportation Authority Board of Directors. ..end
Attachments:

1. Resolution No. 26-91

2. City Map of Priority Land Use Areas

3. Project Area Maps

4. OCTA Environmental Cleanup Program Tier 1 Grant Application Notification:

None.
1534
Attachment 1
RESOLUTION NO. 26-91

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, RATIFYING AND

AUTHORIZING AN APPLICATION FOR FUNDS FOR THE
ENVIRONMENTAL CLEANUP, TIER 1 GRANT PROGRAM

UNDER ORANGE COUNTY LOCAL TRANSPORTATION
ORDINANCE NO. 3 FOR THE NORTHERN SAN

CLEMENTE ROADWAYS RUNOFF TREATMENT

PROJECT
WHEREAS, Orange County Local Transportation Ordinance No. 3, dated July 24, 2006, is known and cited as the Renewed Measure M Transportation Ordinance and Investment Plan and makes funds available through the Environmental Cleanup Program to help protect Orange County beaches and waterways from transportation-generated pollution (urban runoff) and improve overall water quality; and WHEREAS, the Environmental Cleanup, Tier 1 Grant Program consists of funding purchases and installation to catch basins with Best Management Practices, such as screens, filters, inserts, and other "street-scale" low flow diversion projects; and WHEREAS, the Orange County Transportation Authority (OCTA) has established the procedures and criteria for reviewing proposals; and WHEREAS, the City of San Clemente possesses authority to nominate water quality improvement projects that have a transportation pollution nexus to finance and construct the proposed project; and
WHEREAS, by formal action the City Council authorizes the nomination of the Northern San Clemente Roadways Runoff Treatment Project, including all understanding and assurances contained therein, and authorizes the person identified as the official representative of the City of San Clemente to act in connection with the nomination and to provide such additional information as may be required; and WHEREAS, the City of San Clemente will maintain and operate the equipment acquired and installed; and
WHEREAS, the City of San Clemente will give OCTA's representatives access to and the right to examine all records, books, papers or documents related to the funded Tier 1 Grant Project; and
WHEREAS, the City of San Clemente will cause work on the project to be commenced within a reasonable time after receipt of notification from OCTA and that the project will be carried to completion with reasonable diligence; and WHEREAS, the City of San Clemente will comply where applicable with provisions of the California Environmental Quality Act, the National Environmental Policy Act, the 1535
Resolution No. 26-91 Page 2
American with Disabilities Act, and any other federal, state, and/or local laws, rules and/or regulations; and
WHEREAS, the City of San Clemente must include all projects funded by Net Revenues in the seven-year Capital Improvement Program as part of the Renewed Measure M Ordinance eligibility requirement; and
WHEREAS, the City of San Clemente authorizes a formal amendment to the seven-year Capital Improvement Program to add projects approved for funding upon approval from the Orange County Transportation Authority Board of Directors; and WHEREAS, the City of San Clemente will provide a minimum of 20% in matching funds for the Northern San Clemente Roadways Runoff Treatment Project as required by the Orange County Comprehensive Transportation Funding Program Guidelines.

NOW, THEREFORE, the City Council of the City of San Clemente hereby finds, determines and resolves as follows:

SECTION 1. The recitals above are true and correct and incorporated fully herein as findings.

SECTION 2. That the proposed Northern San Clemente Roadways Runoff Treatment Project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of the repair of existing public facilities involving no expansion of an existing use.

SECTION 3. The application submitted on May 1, 2026 to the Orange County Transportation Authority (OCTA) Project X Environmental Cleanup Program, Tier 1 Grant Program, for the Northern San Clemente Roadways Runoff Treatment Project is hereby ratified and approved.

SECTION 3. The City Manager, or his designee, as the official representative of the City of San Clemente, is hereby authorized and directed to accept funds for the Environmental Cleanup, Tier 1 Grant Program for the Northern San Clemente Roadways Runoff Treatment Project from OCTA.

SECTION 4. The City Manager, or his designee, is hereby authorized and directed to agree to fund the City's share of the project costs and any additional costs over the identified programmed amount for the Northern San Clemente Roadways Runoff Treatment Project.

SECTION 5. Staff is hereby authorized and directed to take such other and further actions and execute and submit such documents as may be necessary and proper to accomplish the purposes of this resolution.

SECTION 6. The City Clerk shall certify to the passage and adoption of this 1536
Resolution No. 26-91 Page 3
resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of May, 2026.

ATTEST:
__________________________ _________________________
CITY CLERK of the City of Rick Loeffler, Mayor
San Clemente, California City of San Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 26-91 was adopted at a regular meeting of the City Council of the City of San Clemente held on the 19th day of May, 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
1537
Legend
Vortex Drainage Area
San Clemente Priority Land Use
Commercial
High-Density Residential
Industrial
Non-PLU
Attachment 2
1538
City of San Clemente
Northern San Clemente Roadways Runoff Treatment Project 2026-27 CBs, Devices & Drainage Areas

OVERVIEW MAP
32 Attachment 3
1539
R01
R04 R03 R08
R05
R07
R06
R02
C01
C03
C02
City of San Clemente
Northern San Clemente Roadways Runoff Treatment Project 2026-27 CBs, Devices & Drainage Areas
Sub-MAP #01 North-West
33 1540
R26
partial
R27
C04 C05
City of San Clemente
Northern San Clemente Roadways Runoff Treatment Project 2026-27 CBs, Devices & Drainage Areas
Sub-MAP #02 North-West
34 1541
R26l
R25
City of San Clemente
Northern San Clemente Roadways Runoff Treatment Project 2026-27 CBs, Devices & Drainage Areas
Sub-MAP #03 North-West
C05
partial
C06
R27
partial
35 1542
R09
City of San Clemente
Northern San Clemente Roadways Runoff Treatment Project 2026-27 CBs, Devices & Drainage Areas
Sub-MAP #04 North-Central
C09
C10
36 1543
I01
City of San Clemente
Northern San Clemente Roadways Runoff Treatment Project 2026-27 CBs, Devices & Drainage Areas
Sub-MAP #05 North-Central
I02
partial
I01
partial
I02 I03
I04
37 1544
R22
City of San Clemente
Northern San Clemente Roadways Runoff Treatment Project 2026-27 CBs, Devices & Drainage Areas
Sub-MAP #06 North-Central
C07
R20 R19
R21
38 1545
City of San Clemente
Northern San Clemente Roadways Runoff Treatment Project 2026-27 CBs, Devices & Drainage Areas
Sub-MAP #07 Central-West
C07
R28
R24
R23
R14
R18
C08
39 1546
City of San Clemente
Northern San Clemente Roadways Runoff Treatment Project 2026-27 CBs, Devices & Drainage Areas
Sub-MAP #08 South
C07
R28
R11
R13
R12
RHD2
C08
RHD1
R13
R12
R10
C11
R17
R16
R15
40 1547
City of San Clemente
Proposed
Northern San Clemente Roadways
Runoff Treatment Project
2026
CPS-Mod™ & GITS™ Full Capture System Devices &
ARS-CL™ Curb-Opening Screens
Prepared For:

Orange County Transportation Authority
Measure M2, Tier 1 Grant Application
Environmental Cleanup Program (ECP)

OC GO PROJECT X
600 South Main Street
Orange, CA 92863-1584
(714) 560-5363
May 1, 2026
Prepared By:

Niki Beach
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attachment 4
1548

TABLE OF CONTENTS

1. COVER 1

2. TABLE OF CONTENTS 2

3. APPLICATION
A. SECTION I: General Project Information 3
B. SECTION II: Detailed Project Information & Scoring 5 C. SECTION III: Additional Project Details 13

4. ATTACHMENTS 15
A. Calculations & Support Documentation for Question # 2 and # 3 16 B. Detailed Project Estimate & Warranty 23
C. Location Maps &
Project Site Photos
31 41
D. Detailed Project Schedule 88
E. Design Drawings & Product Information
Trash & Debris Capture and Design Flow
90 110
F. City Council Resolution 112
G. Project Drainage Areas, Priority Land Uses, BMP Locations, KMZ files 116 H. Vendor and Installer Qualifications
Reference Letters
Orange County Local Small Business Certificate
DBE & MBE Certifications
121
124
137
139
2 1549

PROJECT X
2026 Tier 1 Call for Projects Application for Funding
2026 Project X Tier 1 Application Page 1 of 12

APPLICATION INSTRUCTIONS
Local Agencies applying for Project X ECP funds are required to complete and submit this application. Any projects not in compliance with the CTFP Guidelines will not be eligible for funding.

SECTION I: General Project Information
Applicant Information
Agency: City of San Clemente
Project Title: Northern San Clemente Roadways Runoff Treatment Project Device Type(s) &
Quantity:

G2 CPS-Mod FCS (126 devices), Grated Inlet Trash Screens FCS (4 devices) & ARS-CL systems (306 device screens in 127 CBs), in 137 total catch basins.

Project Manager: Niki Beach
Phone: (949) 361-8354
Email: [email protected]
Proposed Funding Summary
Total Project Cost: $734,169 Local Match:
(Cash Only, 20% minimum) $146,834
M2 ECP Funds
Request: $587,335
Project is Part of a
Larger Construction
Effort:

Choose an item.

Project Readiness & Schedule
City Council Approval (of Resolution): 5/19/2026
Design & Permitting (If Applicable) N/A
Award of Contract 5/4/2027*
Construction/Installation (Start and Completion)
*Please see Additional Comment #1 on page 12 below.

Start: 7/1/2027
Completion: 10/1/2027*
Application Checklist

YES N/A
A Environmental Documentation (As Applicable) ☐ 
B Detailed Project Estimate  ☐
C Location Maps & Project Site Photos  ☐
D Detailed Project Schedule  ☐
E Design/Concept Drawings  ☐
F City Council Resolution  ☐
G Project Drainage Area(s), Priority Land Use(s), and BMP Location(s) shapefiles/KMZs  ☐
H Preliminary agreements with joint and/or third-party entities (As Applicable) ☐  3 1550

PROJECT X
2026 Tier 1 Call for Projects Application for Funding
2026 Project X Tier 1 Application Page 2 of 12
Project Description – Describe the project location and the Tier 1 type improvements proposed. If the project is included in an existing Integrated Water Management Plan, please provide details on why it was included. Use additional pages as needed.

The City’s proposed project is a continuation of trash capture device installations in priority land use (PLU) areas, with this project focused on medium to high density residential communities, and some neighborhood commercial and light industrial areas, located in the City’s northwestern end, some southeastern streets, and various pockets within San Clemente where full trash capture status has not yet been achieved within PLU areas. In total, the project will retrofit 137 catch basins (CBs) capturing drainage from 539.9 acres of PLUs, adding trash capture capabilities in areas where there are currently none, and enhancing trash capture in other drainages that have only been partly addressed so far by the City’s full trash capture program.

A major focus on the project is adding the “finishing touches” to the management of trash and related bacteria generated from streets within the Prima Deshecha watershed. In the northern reach of the project area, the City’s storm drain system directs water into the Prima Deshecha Canada, which runs parallel to the Camino de los Mares inland of the I-5, and along Camino Capistrano close to the sea, ultimately discharging to Poche Beach, which is Clean Water Action Section 303(d) listed for Indicator Bacteria, a pollutant associated with trash. The project will also heavily address trash control in both residential and commercial land uses in the northwesternmost part of the City, where many storm drains lead across the City of Dana Point to beaches in the Capistrano Beach neighborhood of Dana Point, reducing the potential for cross-jurisdictional pollutant loading. Importantly, the project also includes some “clean-up” trash capture device installation within the City’s industrial land uses within the Segunda Deshecha Watershed. The project also will fill in gaps in trash control in both residential and commercial land uses adjacent to the busy El Camino Real corridor. The San Clemente Coastal Canyons will benefit from these additional pockets of trash capture included in this project, and while they are not currently 303(d) listed, they are still subject to trash loading reductions from the City’s higher density land uses both west and east of El Camino Real and/or the I-5. Moreover, the targeted residential and commercial/industrial areas, along with the adjacent and heavily traveled corridors such as Camino de los Mares, attract high volumes of people and vehicles, and even the inland areas have significant proximity and connectivity to I-5 and its on/off ramps. See Attachment C on page 31 for maps of all proposed installations.

The City proposes installing 3 types of devices in the City’s MS4 catch basins (CBs) to capture trash and debris.

The devices are designed, fabricated, and installed by G2 Construction, Inc. and are: 1) the CPS-Mod™ connector pipe screen Full Capture System (FCS), 2) the GITS™ grated inlet trash screen FCS for drop-inlets, and 3) the ARS-CL™ curb-opening screen. City staff believe G2’s CPS-Mod, ARS-CL and GITS systems will effectively prevent transportation related pollutants from entering the stormwater system and will improve water quality while reducing in particular plastic pollution at local waterways and beaches. G2’s storm water devices have a long track record of success in stopping pollutants and debris from entering CBs, including within the City of San Clemente. The patented CPS-Mod and GITS devices are FCS-certified by the State Water Board, and G2’s devices and installation procedures were very highly ranked by Orange County (OC) Public Works on both of their last two RFPs for Trash devices.

The G2 CPS-Mod, ARS-CL and GITS devices are also proposed BMPs for this Tier 1 project proposal because they provide two levels of pollutant filtration. For compatible CBs, the curb-opening will be protected with a first line of defense using the multiple-screen ARS-CL system. As the ultimate safeguard against trash loading, all 137 locations are proposed to have a CPS-Mod or GITS FCS device installed in front of each discharge pipe to prevent everything 5mm or larger from escaping the CB and flowing downstream.

In sum, this proposed project strives to maximize water quality improvement for the waters, lands, and people of San Clemente through cost-effective trash pollution reduction. No environmental analysis is required for this project, as it will only improve existing facilities and is exempt from CEQA. Please see Attachments A-H for further detail on the device locations, installation plans, costs, and calculated water quality benefits. 4 1551

PROJECT X
2026 Tier 1 Call for Projects Application for Funding
2026 Project X Tier 1 Application Page 3 of 12
SECTION II: Detailed Project Information & Scoring

1. Describe the need for the selected BMP(s), including nexus to transportation pollutants, and detail the benefits to water quality the BMP(s) will achieve. (up to 15 Points) The City of San Clemente needs the CPS-Mod™, ARS-CL™ and GITS devices for this project for multiple reasons. First, G2’s proprietary devices are custom designed, fabricated and fitted to the City’s existing MS4 catch basins (CBs) without the need for new concrete structures or excavation that would be costly and inconvenient for the City’s taxpaying citizens. These CBs are in optimal locations to capture trash and pollutants flushed by rain events, wind or automobiles from roadways, properties, facilities, sidewalks, driveways and parking lots. All 3 devices are custom-fabricated from 304 stainless steel and installed to fit each unique CB. As a City with older infrastructure dating back to the 1930s in some places, San Clemente in particular will benefit from the customization of these G2 devices to ensure as many CBs as possible are equipped to trap transportation-generated pollutants before they enter the stormwater collection system and eventually the Pacific Ocean.

Second, the devices are reliable, effective, and State-certified. G2’s devices have a long track record of success in stopping pollutants and debris, and G2’s offerings were very highly ranked by Orange County Public Works (OCPW)’s previous RFPs for Trash and Debris Capture Devices. The City will use G2 Construction’s Master Agreement with OCPW to get volume pricing discounts. As an added value, these BMPs also come with a 10-year warranty. ARS-CL™ curb-opening screen’s patented design stops pollutants ¾” or greater from entering the CBs during dry weather, and City street sweeping collects these pollutants. The top-hinge ARS-CL with G2’s CamLock Technology™ will work with all but six of the 133 curb-opening inlets in the proposed project (i.e. 127 inlets) to filter larger debris prior to CB entry. Pollutants that make it into the catch basin will be stopped by the second line of defense: either the CPS-Mod™ (126 curb-opening CBs) or the GITS™ (4 drop-inlet CBs), both of which have patented designs that stop 100% of particles 5mm or larger from flowing downstream of the CB and are certified Full Capture Systems by the California Water Board. Because the G2 CPS-Mod and GITS devices are approved Full Capture Systems, they are also needed from a regulatory perspective to meet the State Trash Amendment requirement for these 130 catch basins.

In particular, the City needs these devices installed in 137 CBs within key land use areas known to contribute to transportation-generated pollution, including suburban residential and industrial workplace destinations that are frequently driven to and from (See Project Description above, and Attachment C for Project Maps). This includes traffic from residents who may telecommute part- or full-time, but have more opportunities to drive to and from their homes to pick up a meal or run an errand within San Clemente’s jurisdictional boundaries during the day, and contribute to incidental trash generation. The project is needed to reduce trash and pollutants flowing into Prima Deshecha and Segunda Deshecha Canadas, San Clemente coastal canyons, and additional drainages within the City of Dana Point. The project will reduce visible pollutants, as well as the microscopic bacteria that often accompany trash, in the City’s and region’s creeks and beaches, while also reducing the harmful impacts to fish and wildlife of trash that makes its way to the ocean. The City’s coastal water quality will also benefit from receiving significantly fewer loads of metals such as copper, lead and zinc from vehicles driving along these busy transportation routes and to concentrated commercial districts.

In summary, this project is necessary to cover 539.9 acres of PLU drainage area in need of trash capture, and to make 130 CBs Full Capture System compliant. (120 CBs will receive both CPS-Mod™ and ARSCL™; 6 will receive CPS-Mod only; and 4 will receive GITS™ only.) An additional 7 inlets not feasible for full capture will benefit from ARS-CL installations to round out the project. The specific need for G2’s devices is based on their excellent performance following previous installations within the City, combined with their approval by OCTA ECP and OCPW. They demonstrate the best value for the City’s water quality needs. 1552

PROJECT X
2026 Tier 1 Call for Projects Application for Funding
2026 Project X Tier 1 Application Page 4 of 12

2. Based on information provided by the applicant, a cost/benefit calculation will be conducted to compare the total project cost to the area of priority land uses treated by the proposed BMP(s). Please complete the table below: (up to 16 points):

BMP(s)
Type 1 Type 2, etc.

Type(s) of BMP(s) proposed: ARS-CL by
G2
Number of each BMP type: 306
Total drainage area(s) contributing to each BMP type: 512.2 Total
Drainage area(s) that is/are considered Priority Land Uses*: 512.2 539.8 Total Project Cost: $734,169
Cost/Benefit ($/ac of priority land uses): $1,360
Project Score (to be completed by OCTA): Click to enter text.
*Refer to City General Plans for general land use distribution/coverage information. Refer to the Statewide Trash Provisions for a complete definition of Priority Land Uses (e.g. high density residential, industrial, commercial, mixed urban, public transportation stations).

3. Pollutant Reduction Benefits: Project benefits will be based on treatment capacity and BMP type.

Applicant to provide the calculations used to determine the following scores: (up to 12 points):

Line Factor Points
Available Multiplier Line Score
A Fractional percent of 1-yr, 1-hr event peak flowrate treated by the BMP(s) 0 to 1 3 3 B Fractional percent of 85th percentile, 24-hr design event that is treated by the BMP(s) 0 to 1.5 3 4.5
C
BMP Multiplier:
0 to 1 6 0
•0 points if BMP is not low-impact development (LID) or treatment control •1/3 point for high-capacity systems
•2/3 point for filters/biofilters
•1 point for zero-discharge BMPs
Project Score: 7.5
Scoring Equation (Max 12 points): (Ax3) + (Bx3) + (Cx6) Calculations may be provided on a separate sheet

FULL CAPTURE SYSTEM
CPS-Mod GITS
126 4
493 11.0
493 11.0
6 1553

PROJECT X
2026 Tier 1 Call for Projects Application for Funding
2026 Project X Tier 1 Application Page 5 of 12

4. How effectively will the proposed project deal with the more visible forms of pollutants, such as litter and debris? (up to 10 points)
The City’s proposed project will have a very significant impact reducing visible forms of pollutants from entering the water systems and showing up in the waters downstream and on Orange County beaches through two very strong lines of defense.

1.) The CPS-Mod™ and GITS™ Full Capture Systems will stop 100% of visible pollutants that get past an existing ARS or through a grate and enter the catch basin. The CPS-Mod and GITS devices will stop everything 5mm and larger from exiting the catch basin and entering the connector pipe and waterways. These pollutants such as plastic (small pieces of bottles, cups, bags, containers, straws, mylar, Styrofoam, etc.), cigarette butts, and more are screened from the water before ever entering the connector pipe and waterways.

2.) The ARS-CL™ curb-opening screens are designed to stop the most visible pollutants from ever entering our catch basins. The ARS-CL stops everything ¾” or larger, such as takeout food waste, Aluminum cans, glass and plastic bottles, and even leaf litter from entering the catch basin. The City’s street sweeping program then removes this debris on a prompt and regular basis. Also, the ARS screens close off the entire curb opening of each catch basin and physically prevent people from consciously or unconsciously putting trash into the catch basin. This acts as an excellent deterrent to polluters and reminds everyone that trash and pollutants should never be discarded into the storm drain system.

Through this two-pronged approach, the City’s proposed CPS-Mod, GITS, and ARS-CL project is the most effective solution readily available for stopping the most visible forms of pollutants from entering the storm water system. Installation of these catch basin screens is also a very cost-effective retrofit project to prevent trash from traveling downstream, and their benefits continue to increase proportional to the number of devices that can be installed throughout the City.

The City of San Clemente also believes that educating the public is an important nonstructural BMP for protecting the coastal environment. When residents see installed ARS-CL screens, they not only serve as a physical barrier for trash, but also promote the understanding that trash and other items should not be allowed into catch basins. In fact, during the last round of trash capture device installations, the City recorded footage of G2’s team and shared an Instagram and Facebook video about the project’s purpose on social media with very positive response from the community. The City anticipates that these visual reminders, especially in residential neighborhoods, will play a long-term role in reducing the amount of pollution that people generate, ultimately reducing the amount of capture and related maintenance required in its storm drain inlets, and contributing to behavioral source control as well as structural source control benefits.
7 1554

PROJECT X
2026 Tier 1 Call for Projects Application for Funding
2026 Project X Tier 1 Application Page 6 of 12

5. What other BMP types were considered for this project? Why was the proposed BMP chosen? (5 points) The City has considered many alternative BMPs before selecting G2’s products.

1. Hydrodynamic separators have been installed in some coastal areas of the City. These are expensive projects ($500K+) that are required to be approved annually by the City Council during the budget process for the Capital Improvement Program. In order to install these large devices, the City needs to identify a location where there is an existing easement and where access to the site is feasible for a Vactor truck to conduct its cleaning. It was determined that no site was available for a separator that would capture debris from this widely distributed project area. Regardless, the purchase and installation of the unit would yield a much higher cost per acre for similar treatment.

2. The City has existing hanging filter baskets in some catch basins along the main thoroughfares, but they ultimately need to be removed and replaced because they are very difficult to clean and do not meet full capture equivalency per Water Board requirements. The ARS-CL devices in this project will solve much of the existing maintenance problems going forward since the larger debris can be collected by City maintenance or street sweeping vehicles prior to entering the catch basin vault, thus reducing the amount of debris that collects in the vault and needs to be vacuumed during maintenance. Meanwhile, the CPS-Mod units will function more effectively than existing or new traditional baskets within each CB and achieve the full capture equivalency that the City is lacking in the proposed project areas.

3. Permeable pavement was considered, but these areas of the City were built many years ago, and a retrofit of paved streets, especially including an increased maintenance schedule, would prove to be prohibitively expensive. Also, this alternative would not capture all visible pollutants, nor would it eliminate connectivity between transportation-generated pollutants and the City’s storm drain system, and it would not be feasible in several portions of the project with privately owned streets that nonetheless drain to City storm drain inlets.

4. The City also considered bio-retention basins as a form of trash control, but presently, there is no suitable location in the City’s watersheds that would treat a similar PLU area due to lack of city property ownership, city easements, and the constraints of the already built out areas. Retention basins are desirable to meet Bacteria as well as Trash TMDLs, but are expensive and will take significant time, well beyond the State’s Trash Amendments deadline of 2030, to design, approve, and install. Therefore, the cost per location, as well as a lack of available space for placement, would make this BMP very difficult to pursue.

The City selected the CPS-Mod, GITS, and ARS-CL for this project because they are designed, and have demonstrated the ability, to deliver greater value than other existing BMP options, have a proven record of efficacy, are easy to install inside existing (and oftentimes irregularly shaped) catch basins, and can be installed very quickly with minimal disruption to traffic or other City services. Effectiveness and affordability for these custom-fabricated and installed devices allows for a high number of catch basins to be retrofitted with significant pollutant reduction that is realized immediately following installation. 8 1555

PROJECT X
2026 Tier 1 Call for Projects Application for Funding
2026 Project X Tier 1 Application Page 7 of 12

6. Provide information on proposed BMP performance efficiency and/or effectiveness, including pollutant capture, storage capacity, flow capacity, etc. (up to 6 points) The manufacturer, G2 Construction, provided the following info about the proposed CPS-Mod™, GITS™, and ARS-CL™ patented devices. The City’s experience is consistent with this information.

Performance Effectiveness:

CPS-Mod™ -- 100% reduction in litter, debris and pollutants that are 5mm or larger.* GITS™ – 100% reduction in downstream litter, debris and pollutants that are 5mm or larger.* ARS-CL™ - 88% reduction in litter, debris, and pollutants (by weight) entering the storm drain system. *State Water Board certified as trash Full Capture System.

Storage Capacity:

CPS-Mod™ - from 25 cubic feet (W=7’) and 50 cubic feet (W=14’); 44 cubic feet for an average catch basin.

GITS™ – 5 cubic feet (average).

ARS-CL – prevents an unlimited volume of trash and debris from entering catch basin that can be collected by street sweeping.

Filtered Flow Rates in CFS (cubic feet per second) by device type and size:

CPS-Mod 6.0 (4.75’ avg screen): 6.12 CFS max, filtered at 5mm diameter CPS-Mod 9.0 (7.25’ avg screen): 7.25 CFS max, filtered at 5mm diameter CPS-Mod 11.0 (11.0’ avg screen): 11.42 CFS max, filtered at 5mm diameter GITS 40x24 (6.9’ avg screen): 8.89 CFS max, filtered at 5mm diameter ARS-CL 3.5’ (one unique screen): 1.45 CFS filtered at 3/4" diameter ARS-CL 7.0’ (2 screens): 2.90 CFS filtered at 3/4" diameter ARS-CL 14’ (4 screens): 5.80 CFS filtered at 3/4" diameter ARS-CL 21’ (6 screens): 8.70 CFS filtered at 3/4" diameter ARS-CL 28’ (8 screens): 11.60 CFS filtered at 3/4" diameter See Attachment E for Design Flow calculations. Please note that conservative flow rates are utilized in calculations, to account for potential filter blockages that can occur between catch basin cleanings.

Performance:

The CPS-Mod device was tested in a controlled environment for filtration rates and filtration effectiveness.

The CPS-Mod filtration rate exceeded the rates listed above, and captured 100% of debris that was 5mm or larger. (See Filtered Flow Rate Testing – G2 CPS-Mod, Jan. 2019) The City of West Hollywood has installed ARS-CL devices annually for the past decade. West Hollywood’s 2009 Ballona Creek Watershed Report cites a monitoring program, funded by the California State Coastal Conservancy, showing that ARS-CL devices achieved a 95% reduction in annual trash from entering the storm drain system. Additionally, a City of Los Angeles DPW 2006 study of installed ARS-CL devices found an 86% overall effectiveness rate.

Flow Capacity:

G2's ARS-CL was tested in October, 2012 by LACDPW at their BMP testing site at San Gabriel dam. A battery of 10 tests were performed including water flow rates ranging from .25 to 5.0 cubic feet per second (CFS). G2's ARS-CL passed testing at all flow ranges. LACDPW's Design Division concluded the device met all requirements for performance and safety for installation in County owned CBs. Each 3.5-foot long ARSCL will screen more than 160 gallons of storm water per minute 910
1556

PROJECT X
2026 Tier 1 Call for Projects Application for Funding
2026 Project X Tier 1 Application Page 8 of 12

7. Project Readiness: How long after OCTA Board of Directors approval (anticipated October 2026) will the project be operational (select one)? (up to 6 points):
☐ <4 Months
6 Points
☐ 4 – 8 Months
4 Points
☒ 8 – 12 Months*
2 Points
☐ > 12 Months
1 Point
*Please see Additional Comment #2 on Page 12 below for context.

8. Will the project provide any secondary benefits beyond water quality improvements (i.e., water-use efficiency, public awareness, flood control, recreation, habitat, sustainability)? (up to 5 points) Secondary benefits beyond water quality improvements include:

1. Sensitive riparian habitats, aquatic and terrestrial life, local fisheries, and bird populations, among other natural resources, will benefit from the project’s CPS-Mod, GITS, and ARS-CL BMPs because they capture trash that can be mistaken for food or can break down and become microplastics embedded in the marine food chain. The project would also help prevent plastics and other trash from entangling or being swallowed by birds and other native wild animals.

2. Recreationally, San Clemente is very popular for surf and water sports. This project will improve the water quality and reduce dangerous and unsightly trash along both San Clemente City beaches and San Clemente and San Onofre State Beaches, known internationally -- and recently selected to host the 2028 Olympics -- for competitive surfing. Health and human safety protections for children and adults playing on the beach and in the water, and for surfers and their spectators, are a clear benefit of the reduction of sharp objects (metal, broken glass, etc.), cigarette butts, and bacteria on local beaches.

3. Similarly, the economic benefits of tourism are critical to the City’s vitality. The continued reduction of trash and pollution on beaches within or adjacent to the City will continue to grow the economy through a positive public image and increased tourism. San Clemente’s business community has historically depended on its clean beaches to attract residents, visitors, tourists and even surf contest sponsors to this particular stretch of shoreline. Without projects such as this proposal, persistent reports of trash or bacterial pollution at beaches may send visitors to coastal vacation or surf spots elsewhere.

4. As with increasing tourism, property values (and related tax revenues to the City) may also be increased in areas exhibiting ARS-CL and CPS-Mod stainless steel device installations because of how they demonstrate the City’s efforts in environmental protection, and the related sense of civic pride, to existing owners and prospective buyers.

5. Public awareness that stormwater catch basins need to be protected from trash and pollutants is important. The City’s installation of ARS-CL and CPS-Mod throughout the City shows the public that maintaining a stormwater collection system to protect water quality is a very high priority. Seeing an ARS-CL in particular can also remind citizens in their daily actions that only stormwater should be entering the storm drain, while seeing trash recently trapped in front of an ARS-CL can encourage citizens to make more sustainable choices in purchasing disposable items, such as by avoiding single-use plastics. The project will make pollution less of an out-of-sight, out-of-mind problem.

6. Sustainable and proper functioning of the storm drain system -- with less trash and bacteria causing problems -- protects local neighborhoods, as well as stream beds and shorelines, from flooding or unnatural ponding that could be caused by obstructions in the conveyance system, and safeguards the quality of soils beneath and adjacent to the system, also reducing the introduction of pollutants into the terrestrial human and natural environments.
101557

PROJECT X
2026 Tier 1 Call for Projects Application for Funding
2026 Project X Tier 1 Application Page 9 of 12

9. What is the methodology for measuring pollutant reduction before and after the BMP is implemented? How frequently will monitoring and performance assessment occur? (up to 10 points) The City’s methodology for measuring pollutant reduction and monitoring performance is planned as follows:

1. Trash and debris removed during the City’s catch basin cleanings will be measured and documented.

New data will be compared to prior data and the City will be able to quantify the effectiveness of the CPS-Mod and ARS-CL, or GITS devices. The results will be reported to the Regional Water Quality Control Board as a part of the NPDES annual report.

2. The City Street Maintenance staff and Utilities Collections Supervisor will visually observe the amount of pollutants and debris that build up in front of the ARS-CL screens. Staff will drive the streets routinely and provide input and feedback about the amount of pollution. Special attention will be paid to the installed locations before, during and after storms. When excess amounts are found in front of the ARS, or are reported by the public or other department staff, they will promptly be removed by Street Maintenance staff or the City’s street sweepers.

3. Visual inspections of every CPS-Mod, ARS-CL, and GITS installed will be conducted at a minimum twice per year (an increase from once per year), and observations about trash and debris levels in front will be made.

4. Discussions and interviews with street sweeping and collections crews regarding the quantity and types of trash found in front of catch basins will continue to help build understanding of the types and quantity of pollution being intercepted. This will also help identify specific catch basins or areas that accumulate more amounts of debris. This information can help develop education programs that target specific areas where more debris is observed.
11 1558

PROJECT X
2026 Tier 1 Call for Projects Application for Funding
2026 Project X Tier 1 Application Page 10 of 12

10. Provide an operations and maintenance plan for the lifespan of the proposed project. Include schedule of inspections, cleaning, removal and disposal of pollutants, repairs, etc. (up to 15 points) The City’s operations and maintenance plan for the proposed CPS-MOD, GITS, and ARS-CL screens includes regular inspections, cleanings, and maintenance for their ten-year lifespan. Services performed by the City will include:

1. Inspections of the CPS-Mod, GITS, and ARS-CL devices, at minimum twice annually by the City’s collections maintenance team or an outside contractor. Inspections will include visually checking both devices and mechanically checking the ARS. The locking system will be inspected annually as required by the manufacturer’s warranty. The inspection will either document any issues that need to be addressed, or verify the device(s)’ working order.

2. If repairs are needed after being identified during inspection and the City cannot easily address these, then these issues will be documented. The City will take photos, and provide a description and location. G2 Construction will evaluate the information and repair under their warranty.

3. Cleaning the front ARS-CL screen will at a minimum be performed weekly for arterial highways and every two weeks for residential streets by the City’s street sweepers. As required, the ARS screens will be kept clean and not have mud or debris built up in front of it. Street sweeping is an approved cleaning method for ARS devices to ensure they function appropriately, in addition to helping effectively remove trash and objects before they enter the storm drain system.

4. The CPS-Mod and GITS in each catch basin will be cleaned three (3) times annually, as needed.

This work is typically scheduled in October prior to the rainy season, in January, and in May (or prior to significant storm events). The ARS, CPS, and GITS screens are also cleaned off during this removal of trash and debris. The non-hazardous materials are collected and disposed of in the City’s street sweeping debris waste bin, which is considered by the County of Orange as a limited volume transfer station. Any hazardous material will be contained and disposed of properly.

5. After each significant storm event, the City’s collections staff or contractor will visually inspect the ARS devices from the exterior of the catch basin to check for open, damaged, or clogged screens, as recommended by the manufacturer. This will identify any issue that may have been caused by the storm, and before the next street sweeping event. Crews will remove debris that may be preventing the ARS from fully closing and locking. The screen will be returned to its default locked position. If any problems are identified, then any fixes that are easy and will follow the manufacturer’s operations and maintenance guidelines will be completed. This will be the standard procedure after each significant storm event.

6. The City will request services under, and if needed, outside of, the warranty period granted by G2 Construction, in order to keep all installed devices on this project working effectively. This ensures that the City’s installation of full-capture systems, as required by the State, have a long-term and lasting benefit to water quality.
121559

PROJECT X
2026 Tier 1 Call for Projects Application for Funding
2026 Project X Tier 1 Application Page 11 of 12

11. BONUS: Is the proposed local match over the 20% minimum cash match requirement? If yes, enter match rate here. (0.5 points for each 5% overmatch, up to 5 points) N/A
Note: In-kind services are not eligible as local match
SECTION III: Additional Project Details
Match Sources
Other Grants: Non-M2 competitive grants may be used as match. Any grants used as match must be dedicated to the project for match credit to be received. Please list the name and amount of match sources.

N/A
Supplanting or Replacing Funds
ECP funds are designed to supplement, not supplant, existing water quality programs. Proposed projects must improve and not replace existing pollution reduction efforts by an eligible party. Please clarify that the proposed project will not be supplanting any existing water quality programs or other obligations.

This proposed City project will not supplant any existing water quality program. This project will improve water quality and reduce pollution, and it will not replace any existing pollution reduction effort by the City or other any eligible party.

Joint Applicant Information (if applicable)
See program guidelines for details on joint applicant applications and enter the details below. 13 1560

PROJECT X
2026 Tier 1 Call for Projects Application for Funding
2026 Project X Tier 1 Application Page 12 of 12
Local Agency: N/A Local Agency: Click to enter text.

Project Manager: Click to enter text. Project Manager: Click to enter text.

Phone: Click to enter text. Phone: Click to enter text.

Email: Click to enter text. Email: Click to enter text.

Additional Comments
1) This grant application is scheduled for review and approval by Council resolution on May 19, 2026. A copy of the signed Resolution will be delivered to ECP staff as soon as available. 2) The project schedule is based on matching funds being available on July 1, 2027. Fiscal Year 2026- 2027 funding will be reserved for a trash capture project previously awarded a 2025 Tier 1 grant, for which a letter agreement has not been received as of the time of this grant application submittal. The project is otherwise shovel-ready, but the effects of delays in recent ECP grant awards and the associated City matching fund cycles have been reflected in the above application, for the sake of transparency.

I hereby certify that the information provided herein this form is accurate and consistent with accompanying documentation. I further certify that the above information has been approved by Council resolution and that awarded funds will not be used outside of their intended purpose.

Niki Beach
Name (Print) Signature Date

May 1, 2026
14 1561

ATTACHMENTS
A. Calculations & Support Documentation for Question # 2 and # 3 B. Detailed Project Estimate & Warranty
C. Location Maps & Project Site Photos
D. Detailed Project Schedule
E. Design Drawings
F. City Council Resolution
G. Project Drainage Areas, Priority Land Uses, BMP Location & KMZ Files H. Vendor and Installer Qualifications

15 1562
A. Calculations & Support Documentation
for Questions #2 and #3
16 1563
OCTA ECP PROJECT X - CALCULATIONS for Questions #2 and #3 Support Documentation City of San Clemente
Type 2
Curb Opening
Screen by G2
Type(s) of BMP(s) proposed CPSMod™ GITS™ ARS-CL™
Number of each BMP type: 126 4 306
Total drainage area(s) contributing to each BMP Type: (Acres) 493.0 11.0 512.2 Total Drainage area(s) considered Priority Land Uses: (Acres) 493.0 11.0 512.2 539.9 Total Project Cost $734,169
Cost / Benefit ($/acres of priority land uses): $1,360
Project Score
Line Factor Multiplier Line Score
A Fractional percent of 1-yr, 1-hr event peak flowrate
treated by the BMP(s) 3 3
B Fractional percent of 85th percentile, 24-hr design event that is treated by the BMP(s) 3 4.5
C BMP Multiplier 0
Project Score: 7.5
Points

1.0 1.5
Analysis for G2 Construction's CPS-Mod™,
GITS™, and ARS CL™ devices

2. Cost / Benefit Calculation for priority land uses treated by proposed BMP(s).

BMP(s)
*Per City General Plans for land use and Statewide Trash Provisions (high density residential, industrial, commercial, mixed urban, public transportation stations).

3. Pollutant Reduction Benefit: Treatment capacity and BMP Type:

Type 1

FULL CAPTURE
SYSTEM by G2
17 1564
OCTA ECP PROJECT X - CALCULATIONS for Questions #2 and #3 Support Documentation City of San Clemente

PROJECT SUMMARY
Land Use: Commercial, Light Industrial, & Residential Medium-High Density BMP: CPS-Mod™ & GITS™ Full Capture Systems, and ARS CL™ by G2 Construction, Inc. 130 FULL CAPTURE SYSTEM CPS-Mod™ or GITS™
306 ARS-CL™ Curb-Opening Screens
539.9 Acres Total Drainage Area
539.9 Acres Priority Land Use Area

74.1% Land use impervious (est.)
Total project Cost:
/ PLU Acre
PLU Land Use
Commercial
Industrial - Light
Residential - High Density
Residential - Med. Density
Analysis for G2 Construction's CPS-Mod™, GITS™, and ARS CL™ devices $734,169
$1,360
18 1565
OCTA ECP PROJECT X - CALCULATIONS for Questions #2 and #3 Support Documentation City of San Clemente Analysis for G2 Construction's CPS-Mod™, GITS™, and ARS CL™ devices

3.A. Fractional percent of 1-yr, 1-hr event peak flowrate treated by the BMPs:

Mixed Flow/Volume BMPS
BMP 1: FULL CAPTURE SYSTEM CPS-Mod™ & GITS™ by G2 BMP 2: ARS-CL™ Curb Opening Screens by G2 NOTE: ARS-CL filtration is in addition to Full Capture System filtration.

Criteria Value Unit Criteria Value Unit
C= (0.75 x imp) + 0.15 = 0.70575 C= (0.75 x imp) + 0.15 = 0.70575 i= 1-yr, 1hr intensity= 0.423 in/hr i= 1-yr, 1hr intensity= 0.423 in/hr Land Imperviousness 74.1% Land Imperviousness 74.1%
Acres 504.0 Acres 512.2
G2 Construction's CPS-Mod or GITS 130 screens G2 Construction's ARS-CL 306 screens A= Avg/ contrib. DA per CPS= 3.9 ac A= Avg/ contrib. DA per ARS screen= 1.7 ac Avg. 1-yr, 1-hr peak flowrate (Q) = 1.2 cfs Avg. 1-yr, 1-hr peak flowrate (Q) = 0.5 cfs CPS-Mod & GITS design flowrate average this project 5.3 cfs G2 ARS-CL design flowrate average this project 1.45 cfs Fractional percent of 1-yr, 1-hr event filtered by BMP
(Calc). Max= 100% 458% Fractional percent of 1-yr, 1-hr event filtered by BMP (Calc). Max= 100% 290% Score (Max=1.0) = Score (Max=1.0) =
Q3.A Weighted Score:

All calculations based on OCTA Workshop presentation.
1 1
1 19
1566
OCTA ECP PROJECT X - CALCULATIONS for Questions #2 and #3 Support Documentation City of San Clemente Analysis for G2 Construction's CPS-Mod™, GITS™, and ARS CL™ devices

3.B. Fractional percent of 85th percentile, 24-hr design event that is treated by the BMP Calculate the design flowrate equivalent to design volume:

BMP 1: FULL CAPTURE SYSTEM CPS-Mod™ & GITS™ by G2 BMP 2: ARS-CL™ Curb Opening Screens by G2 NOTE: ARS-CL filtration is in addition to CPS-Mod filtration. Always in combo.

Criteria Value Unit Criteria Value Unit
C= (0.75 x imp) +.15 = 0.70575 C= (0.75 x imp) +.15 = 0.70575 i= equivalent BMP design intensity= 0.26 in/hr i= equivalent BMP design intensity= 0.26 in/hr Land Imperviousness 74.1% Land Imperviousness 74.1%
A= 504.0 ac A= 512.2 ac
Design Storm Flowrate (Q) = 92 cfs Design Storm Flowrate (Q) = 94 cfs G2 CPS-Mod & GITS design flowrate avg this project 5.3 cfs G2 ARS-CL design flowrate average this project 1.45 cfs Total FCS design flowrate (from manufacturer)= 689 cfs Total ARS-CL design flowrate (from manufacturer)= 444 cfs Fractional percent of 85th percentile, 24 hr event, that could be treated. 745% cfs Fractional percent of 85th percentile, 24 hr event, that could be treated. 472% cfs Max Available Points Max Available Points
All calculations based on OCTA Workshop presentation.

1.5 1.5
20 1567
OCTA ECP PROJECT X - CALCULATIONS for Questions #2 and #3 Support Documentation City of San Clemente

3.A. Precipitation Intensity
Precipitation Intensity "i": 0.423 (0.355-0.507)
Source: NOAA Precip Frequency Estimates: CA

3.B. Design Storm Depth
Design Capture Storm Depth = .85"
Source:

Use multiplier to calculate the design storm intensity equivalent to the design storm depth:

Time of Concentration (Tc) 5 Min Modeled for High Intensity Tc Multiplier 0.26 in/hr
Fraction of design storm entering the BMP 100%
Equivalent BMP Design Intensity 0.26 in/hr
Analysis for G2 Construction's CPS-Mod™, GITS™, and ARS CL™ devices

3.B. Fractional percent of 85th percentile, 24-hr design event that is treated by the BMP 21 1568

METHODOLOGY

IMPERVIOUS SURFACE
City of San Clemente
OCTA Project X 2026
The methodology used to calculate the impervious fraction (.741) for San Clemente’s project, that was used in both Question 3 (Pollution Reduction Benefits) calculations, is as follows:

1. Drainage areas were created using GIS. For accuracy, drainage areas minimized open space areas.

2. Each drainage area was assigned a Land Use Category (see attached).

3. Each Land Use Category was assigned an Impervious Surface Coefficient. This fraction was based largely on the Office of Environmental Health Hazard Assessment’s (OEHHA) Impervious Surface Coefficients (ISC) Tool for Environmental Analysis. Adjustments were made to the fraction based on the specifics of the City’s project.

4. Impervious Acres were calculated for each drainage area by multiplying the Acres and the Imperviousness coefficient. Total Base Impervious Acres were summed.

5. Additional impervious acres were added, and Total Impervious Acres determined. Acres were added to ensure that the impervious fraction applied to the Pollutant Reduction Benefits was not too low. Note: Impervious Surfaces have a direct impact on the amount of storm water that will flow into a city's catch basins. As imperviousness increases, the volume of water flowing into catch basins also increases – thus increasing demand on the BMP’s capacity. Imperviousness is a key factor when calculating both the Fractional percent of 1-yr, 1-hr event peak flowrate treated by the BMP(s) and the Fractional percent of 85th percentile, 24-hr design event that is treated by the BMP(s). It is critical that the Imperviousness percentage used in the calculations not be lower than reality. Using a lower than reality imperviousness may incorrectly indicate the BMP has 100% treatment capacity when it does not. Using an imperviousness percentage that is higher than reality will never overstate the BMP treatment capacity.

6. Total Imperious Acres is divided by the Total Acres to calculate the Impervious Surface factor used in the Pollutant Reduction Benefits calculations.

See attached data for San Clemente’s project.
22 1569
B. Detailed Project Estimate & Warranty
23 1570
/LF$&&
(%RUFKDUG$YH
6DQWD$QD&$

&XVWRPHU
&LW\RI6DQ&OHPHQWH 'DWH

&DOOH1HJRFLR 4XRWH1R

6&;
6DQ&OHPHQWH&$

&RQWDFWV
1LNL%HDFK %\
(ULF+7D\ORU

93%XV'HY*&RQVWUXFWLRQ,QF
%HDFK1#6DQ&OHPHQWHRUJ
HWD\ORU#*&RQVWUXFWLRQFRP
3URGXFWV
*&360RGSDWHQWHGFRQQHFWRUSLSHVFUHHQVWDLQOHVVVWHHOFXVWRPIDE LQVWDOO **,76JUDWHGLQOHWWUDVKVFUHHQVWDLQOHVVVWHHOFXVWRPIDE LQVWDOO *$56&/SDWHQWHGFXUERSHQLQJVFUHHQVVWDLQOHVVVWHHOFXVWRPIDE LQVWDOO &RXQW
&LW\
6:,1/
/DQG8VH
6WUHHW1DPH 1HDUHVW;6WUHHW /DW /RQJ
*UDWHV
7UDIILF&RQWURO
*%03

)XOO&DSWXUH
6\VWHP
*%03

&XUE
2SHQLQJ
6FUHHQ
$56&/
6FUHHQV

3/8 &$//(/$48,17$ &$//(&$0,6$
&360RG $56&/
7KLVSURSRVDOXWLOL]HV*
VFRPSHWLWLYHO\ZRQPDVWHUSXUFKDVHDJUHHPHQWZLWK2&3:2&7$ 2&3:0$

IRU7UDVKDQG'HEULV&DSWXUH'HYLFHV IRUWKH&LW\RI6DQ&OHPHQWH V2&7$(&33URMHFW;JUDQW
DSSOLFDWLRQIRU7KH&LW\LVHOLJLEOHIRUWKLVSLJJ\EDFNFRQWUDFWOLNHDOO2UDQJH&RXQW\FLWLHVZKLFK JXDUDQWHHVWKHEHVWSURGXFWVHUYLFHDQGSULFLQJ
*SURSRVHVWRLQVWDOO)XOO&DSWXUH6\VWHPV
&360RGRU*,76
DQGXQLTXH$56&/VFUHHQV
2&7$(&37LHU*UDQW$SSOLFDWLRQ
'%(0%( 6%(&HUWLILHG
(67,0$7(
&LW\RI6DQ&OHPHQWH
5XQRII7UHDWPHQW3URMHFW
&360RG *,76DQGRU$56&/IRU3/8&DWFK%DVLQV 1RUWKHUQ6DQ&OHPHQWH5RDGZD\V
2&3:2&7$0DVWHU$JUHHPHQWIRU7UDVKDQG'HEULV&DSWXUH'HYLFHV

*RRGXQWLOIRU'D\V

'(6&5,37,21
*&RQVWUXFWLRQ
*
SURSRVHVWRFXVWRPGHVLJQIDEULFDWHDQGLQVWDOORXUSDWHQWHGGHYLFHVLQWKH&LW\ RZQHGFDWFKEDVLQV
&%V
SURYLGHGE\WKH&LW\7KHLQVWDOOHG)XOO&DSWXUH6\VWHP GHYLFHFRXQWVSURSRVHG LQFOXGH&360RGFRQQHFWRUSLSHVFUHHQVDQG*,76JUDWHGLQOHWWUDVKVFUHHQV\VWHPV*ZLOODOVR IDEULFDWHDQGLQVWDOO$56&/FXUERSHQLQJVFUHHQVLQRIWKHVH&%V $OOORFDWLRQVDUHLQSULRULW\ODQGXVH
3/8
DUHDVZLWK&RPPHUFLDO/LJKW,QGXVWULDODQG5HVLGHQWLDO0HGLXP +LJK'HQVLW\DUHDV0DQ\RIWKHVHORFDWLRQVQHHGVWUDIILFFRQWUROWRHQDEOHLQVWDOODWLRQ RI
24 1571
&RXQW
&LW\
6:,1/
/DQG8VH
6WUHHW1DPH 1HDUHVW;6WUHHW /DW /RQJ
*UDWHV
7UDIILF&RQWURO
*%03

)XOO&DSWXUH
6\VWHP
*%03

&XUE
2SHQLQJ
6FUHHQ
$56&/
6FUHHQV
3/8 &$//(/$48,17$ &$//(&$0,6$ &360RG $56&/ 3/8 &$//(/$48,17$ &$//(3/80$ &360RG $56&/ 3/8 &$//(/$48,17$ &$//(3(5/,12 &360RG $56&/ 3/8 &$//(/$48,17$ &$//(3(5/,12 &360RG $56&/ 3/8 &$//(/$48,17$ &$//(&$6,12 &360RG $56&/
3/8 &$//(/$48,17$ &$//(&$6,12
&360RG $56&/
3/8 &$//(/$48,17$ &$//(/262/,926 *,76

3/8 &$//(/$48,17$ &$//(/262/,926 &360RG $56&/ 3/8 &$//(/262/,926 &$//(9(5$12 &360RG $56&/ 3/8 &$//(/262/,926 &$//(9(5$12 &360RG $56&/
3/8 &$//($*8$ &$//(9(5$12 &360RG $56&/ 3/8 &$//($*8$ &$//(9(5$12 &360RG $56&/ 3/8 &$0,12'(/260$5(6 &$//($*8$
7& &360RG $56&/

3/8 &$0,12'(/260$5(6 &$//($*8$
7& $56&/
3/8 &$0,120,5$&267$ &$0,12'(
(675(//$ &360RG $56&/
3/8 &$0,120,5$&267$ &$0,12'(
(675(//$
&360RG $56&/
3/8 &$0,120,5$&267$ &$0,12'(
(675(//$
&360RG $56&/

3/8 3$6(2$*8,/$ 3$6(2+$/&21
&360RG $56&/

3/8 &$0,12'(/260$5(6 0$5%(//$ $56&/ 3/8 &$0,12'(/260$5(6 0$5%(//$ 7& &360RG $56&/
3/8 3/$=$(67,9$/ 3/$=$(67,9$/ &360RG 3/8 3/$=$(67,9$/ 3/$=$(67,9$/ &360RG $56&/
3/8 3/$=$(67,9$/ 3/$=$(67,9$/ &360RG
3/8 3/$=$(67,9$/ 3/$=$(67,9$/
&360RG $56&/

3/8 &$0,120,5$&267$ 3/$=$(67,9$/ &360RG $56&/
3/8 &$0,120,5$&267$ 3/$=$(67,9$/ &360RG $56&/
3/8 &$0,120,5$&267$ 3/$=$(67,9$/ &360RG $56&/

3/8 3/$=$(67,9$/ &$0,120,5$&267$ &360RG $56&/
3/8 3/$=$(67,9$/ &$0,120,5$&267$ &360RG $56&/ RI 25
1572

3/8 3/$=$(67,9$/ &$0,120,5$&267$ &360RG $56&/
3/8 3/$=((67,9$/ &$0,120,5$&267$ &360RG $56&/ 3/8 &$0,120,5$&267$ 3$6(2)/$0(1&2
&360RG $56&/
3/8 &$0,120,5$&267$ 3$6(2)/$0(1&2 &360RG $56&/ 3/8 &$//(*8$<0$6 &$//(/$9(7$ &360RG $56&/ 3/8 &$//(/$9(7$ &$//(*8$<0$6 &360RG $56&/ 3/8 &$//(/$9(7$ &$//(*8$<0$6 &360RG $56&/ 3/8 &$//(/$9(7$ &$//(*8$<0$6 &360RG $56&/
3/8 &$//(/$9(7$ &$//(*8$<0$6 &360RG $56&/ 3/8 &$//(%255(*2 &$0,120,5$&267$ &360RG $56&/ 3/8 &$//(%255(*2 &$0,120,5$&267$ &360RG $56&/ 3/8 &$//(%255(*2 &$0,120,5$&267$ &360RG $56&/ 3/8 &$//(/$9(7$ &$//(*8$<0$6 &360RG $56&/ 3/8 &$//(/$9(7$ &$//(*8$<0$6 &360RG $56&/ 3/8 &$0,12$/21'5$ 9,$3,&+21 &360RG $56&/ 3/8 &$0,12$/21'5$ &$0,120,5$&267$ &360RG $56&/
3/8 &$0,120,5$&267$ &$0,12$/21'5$ &360RG $56&/
3/8 &$0,12$/21'5$ &$0,120,5$&267$
&360RG $56&/

3/8 &$0,120,5$&267$ 9,67$$=8/ &360RG $56&/ 3/8 &$0,120,5$&267$ 9,67$$=8/ &360RG $56&/ 3/8 &$//(/$9(7$ &$0,120,5$&267$ &360RG $56&/ 3/8 &$//(/$9(7$ &$0,120,5$&267$
&360RG $56&/

3/8 &$0,120,5$&267$ 3$6(2*$/,7$
&360RG $56&/
3/8 $9(1,'$9$48(52 9,$&$6&$',7$ &360RG $56&/ 3/8 $9(1,'$9$48(52 9,$&$6&$',7$ &360RG $56&/ 3/8 $9(1,'$9$48(52 &$0,12
&$3,675$12 &360RG $56&/
3/8 $9(1,'$9$48(52 &$0,12
&$3,675$12
&360RG $56&/
3/8 &$0,12&$3,675$12 (/&$0,125($/ &360RG $56&/

3/8 &$0,12&$3,675$12 3&+ &360RG $56&/ 3/8 (/&$0,125($/ &$0,126$1
&/(0(17( $56&/

3/8 &$0,126$1&/(0(17( (/&$0,125($/ &360RG $56&/ RI 26
1573
3/8 &$0,126$1&/(0(17( (/&$0,125($/ &360RG $56&/ 3/8 &$//()5217(5$ &$//()$&(7$ 7& &360RG $56&/
3/8 &$//()5217(5$ &$//()$&(7$
7& &360RG $56&/
3/8 &$//()5217(5$ $9(1,'$3,&2 7& &360RG $56&/ 3/8 &$//()5217(5$ $9(1,'$3,&2 7& &360RG $56&/ 3/8 &$//()5217(5$ $9(1,'$3,&2 7& &360RG $56&/ 3/8 &$//()5217(5$ $9(1,'$3,&2 7& &360RG $56&/
3/8 $9(1,'$/2%(,52 $9(1,'$0217$/92 &360RG 3/8 &$//(&$03$1(52 9,$68(57(

&360RG $56&/
3/8 &$//(&$03$1(52 9,$68(57(

&360RG $56&/
3/8 &$//(&$03$1(52 9,$68(57(
&360RG $56&/
3/8 9,$68(57( 9,67$+(5026$

&360RG $56&/
3/8 9,$68(57( 9,67$+(5026$

&360RG $56&/

3/8 $9(1,'$7$/(*$ &$//(&$03$1(52

&360RG $56&/

3/8 $9(1,'$7$/(*$ &$//(&$03$1(52
&360RG $56&/

3/8 $9(1,'$7$/(*$ &$//(&$03$1(52
&360RG $56&/

3/8 6$1&/(0(17(,11
3$5.,1*/27
$9(1,'$'(/
35(6,'(17( *,76

3/8 &$//(&$6,12 &$//(3/80$ &360RG $56&/ 3/8 &$//(&$6,12 &$//(3/80$ &360RG $56&/ 3/8 &$//(&$6,12 &$//(9(5$12 &360RG $56&/ 3/8 &$//(&$6,12 &$//(9(5$12 &360RG $56&/ 3/8 &$0,12'(/260$5(6 0$5%(//$ 7& &360RG $56&/
3/8 &$//(*5$1'(9,67$ &$//(48,(72

&360RG $56&/
3/8 &$0,12&$3,675$12 '(/*$'25' *,76
3/8 0,5$38(57$ &$//(18(92 &360RG $56&/
3/8 0,5$38(57$ &$//(18(92 &360RG $56&/ 3/8 &$//(18(92 9,$025$'$
&360RG $56&/

3/8 $9(1,'$9$48(52 &$//(9,&(17( 7& &360RG $56&/

3/8 &$0,12'(/260$5(6 $9(1,'$9$48(52 7& &360RG $56&/

3/8 $9(1,'$9$48(52 &$//(9$//$57$ $56&/

3/8 9,$&$6&$',7$ 9,$0217(*2 &360RG $56&/ RI
27 1574

3/8 9,$$0$32/$ &$//(3,('5$6 &360RG $56&/

3/8 &$//()5217(5$ &$//(&8$'5$
7& &360RG $56&/

3/8 ',-(&7 %8(1$9,67$
&360RG

3/8 $9(1,'$6,(55$ /$3/$&(17,$ &360RG $56&/

3/8 &$//(5('21'(/ $9(1,'$'(/$
(675(//$ &360RG $56&/

3/8 &$//(5('21'(/ $9(1,'$'(/$
(675(//$
&360RG

3/8 &$//(5('21'(/ $9(1,'$'(/$
(675(//$ &360RG $56&/
3/8 &$//($0$1(&(5 &$//(1(*2&,2

&360RG $56&/
3/8 &$//($0$1(&(5 &$//(1(*2&,2

&360RG $56&/
3/8 $9(1,'$3,&2 &$//($0$1(&(5 &360RG $56&/ 3/8 &$//('(/&(552 $9(1,'$9,67$
0217$1$ 7& &360RG $56&/

3/8 (/&$0,125($/ $9(1,'$35(6,',2 &360RG $56&/
3/8 $9(1,'$35(6,',2 (/&$0,125($/ 7& &360RG $56&/ 3/8 6/$(63(5$1=$ &$//(3$75,&,$ &360RG $56&/ 3/8 $9(1,'$$5/(1$ 6/$(63(5$1=$ &360RG $56&/ 3/8 ($9(1,'$&25'2%$ 9,$$9,/$
&360RG $56&/

3/8 &$//(1(*2&,2 &$//(75(3$'25$ &360RG $56&/ 3/8 &$//(620%5$ &$//($0$1(&(5 &360RG $56&/
3/8 9,$&$//(-21 $9(1,'$/$3$7$

&360RG $56&/
3/8 9,$&$//(-21 $9(1,'$/$3$7$
*,76

3/8 &$//($0$1(&(5 &$//(&25',//(5$ &360RG $56&/
3/8 &$//(3$67$'(52 9,$35(6$

7& $56&/
3/8 9,$35(6$ $9(1,'$9,67$
0217$1$

&360RG $56&/
3/8 9,$35(6$ &$//(3$67$'(52
&360RG $56&/
3/8 9,$35(6$ &$//(3$67$'(52
&360RG $56&/
3/8 9,$35(6$ &$//(3$67$'(52

&360RG $56&/

3/8 9,$35(6$ &$//(3$67$'(52
&360RG $56&/
3/8 9,$35(6$ &$//(3$67$'(52
&360RG $56&/

3/8 &$//(3$67$'(52 $9(1,'$
0(1'2&,12
7& &360RG $56&/

3/8 :$9(1,'$5$021$ 6(/&$0,125($/ &360RG $56&/
3/8 $9(1,'$6$13$%/2 &$//(&8(592
&360RG $56&/
RI 28
1575

3/8 ($9(1,'$0$*'$/(1$ &$//(*20(=
7& &360RG

3/8 :$9(1,'$-81,3(52 6(/&$0,125($/ $56&/
3/8 :$9(1,'$6$1
*$%5,(/ 6(/&$0,125($/ &360RG $56&/
3/8 6(/&$0,125($/ $9(1,'2
0(1'2&,12 7& &360RG $56&/
3/8 $9(1,'$/$3$7$ &$//('(/&(552 &360RG $56&/

3/8 ),1&$67 $/%(5*(5
&360RG $56&/
3/8 &$//(%$+,$ &$//(%$+,$
7& &360RG $56&/

3/8 &$//(%$+,$ &$//(%$+,$
7& &360RG $56&/
3/8 $9(1,'$/$3$7$ $9(18(9,67$
+(5026$ $56&/

3/8 &$//(9,&(17( $9(1,'$9$48(52 &360RG $56&/ 3/8 $9(1,'$'(/
35(6,'(17(
$9(1,'$9,67$'(/
2&($12

&360RG $56&/
3/8 :$9(1,'$&251(/,2 6(/&$0,125($/ &360RG $56&/

3/8 $9(1,'$35(6,',2 1/$(63(5$1=$
&360RG $56&/

3/8 &$0,126$1&/(0(17( 9,$62&2552 &360RG $56&/ '(9,&(6ZLWK,QVWDOODWLRQ &%3UHS
3URGXFW,QVWDOO7RWDOV
&DWFK%DVLQ ,QOHW&OHDQLQJ

&360RG )XOO&DSWXUH6\VWHPV 7UDIILF&RQWURO

*,76)XOO&DSWXUH6\VWHPV 3URMHFW0DQDJHPHQW
$56&/6FUHHQV 68%727$/

3URMHFW%RQGV
727$/&216758&7,21&267

RI 29
1576
Lic. #801253 - A, C8, C60
1352 E. Borchard Ave.

Santa Ana, CA 92705
714.748.4242
[email protected]
Date: April 16, 2026
CPS-Mod™, ARS-CL™ & GITS™

WARRANTY
Project: San Clemente - CPS-Mod™, ARS-CL™, & & GITS™ Screens City of San Clemente 2026-27 OCTA Measure M2’s Environmental Cleanup Program (ECP) Tier 1 – Project X
G2 Construction, Inc. hereby provides a product warranty of 10 years for the G2 CPS-Mod™ connector pipe screens, GITS™ grated inlet trash screen, and ARS-CL™ automatic retractable screens installed in catch basins for the project listed above. G2 guarantees the CPS-Mod™, GITS™, and ARS-CL™ will be manufactured and installed in accordance with the product drawings and specifications.

G2 Construction agrees to repair or replace any installed product that proves defective in its workmanship or material within one year of the project acceptance date. If an installed product proves defective within ten years, then G2 agrees to provide replacement parts at no cost.

Accidents, product modifications, vandalism, unusual use, or lack of standard cleaning may nullify a product’s warranty.

Requests for warranty service must be made by the product Owner, and should include photos and details.

John Alvarado, President
G2 Construction, Inc.
30 1577
C. Location Maps & Project Site Photos
31 1578
City of San Clemente
Northern San Clemente Roadways Runoff Treatment Project 2026-27 CBs, Devices & Drainage Areas

OVERVIEW MAP
32 1579
R01
R04 R03 R08
R05
R07
R06
R02
C01
C03
C02
City of San Clemente
Northern San Clemente Roadways Runoff Treatment Project 2026-27 CBs, Devices & Drainage Areas
Sub-MAP #01 North-West
33 1580
R26
partial
R27
C04 C05
City of San Clemente
Northern San Clemente Roadways Runoff Treatment Project 2026-27 CBs, Devices & Drainage Areas
Sub-MAP #02 North-West
34 1581
R26l
R25
City of San Clemente
Northern San Clemente Roadways Runoff Treatment Project 2026-27 CBs, Devices & Drainage Areas
Sub-MAP #03 North-West
C05
partial
C06
R27
partial
35 1582
R09
City of San Clemente
Northern San Clemente Roadways Runoff Treatment Project 2026-27 CBs, Devices & Drainage Areas
Sub-MAP #04 North-Central
C09
C10
36 1583
I01
City of San Clemente
Northern San Clemente Roadways Runoff Treatment Project 2026-27 CBs, Devices & Drainage Areas
Sub-MAP #05 North-Central
I02
partial
I01
partial
I02 I03
I04
37 1584
R22
City of San Clemente
Northern San Clemente Roadways Runoff Treatment Project 2026-27 CBs, Devices & Drainage Areas
Sub-MAP #06 North-Central
C07
R20 R19
R21
38 1585
City of San Clemente
Northern San Clemente Roadways Runoff Treatment Project 2026-27 CBs, Devices & Drainage Areas
Sub-MAP #07 Central-West
C07
R28
R24
R23
R14
R18
C08
39 1586
City of San Clemente
Northern San Clemente Roadways Runoff Treatment Project 2026-27 CBs, Devices & Drainage Areas
Sub-MAP #08 South
C07
R28
R11
R13
R12
RHD2
C08
RHD1
R13
R12
R10
C11
R17
R16
R15
40 1587
PHOTOS of Catch Basins CITY of SAN CLEMENTE OCTA 2026 Project X ID# 10009 CALLE LA QUINTA West side North of CALLE CAMISA ID# 10010 CALLE LA QUINTA South side North of CALLE CAMISA ID# 10011 CALLE LA QUINTA North side East of CALLE PLUMA 41 1588
ID# 10012 CALLE LA QUINTA East side North of CALLE PERLINO ID# 10013 CALLE LA QUINTA West side North of CALLE PERLINO ID# 10014 CALLE CASINO West side South of CALLE PLUMA
42 1589
PHOTOS of Catch Basins CITY of SAN CLEMENTE OCTA 2026 Project X ID# 10015 CALLE CASINO East side South of CALLE PLUMA
ID# 10016 CALLE CASINO West side South of CALLE VERANO
ID# 10017 CALLE CASINO East side South of CALLE VERANO
43 1590
ID# 10018 CALLE LA QUINTA East side South of CALLE CASINO ID# 10019 CALLE LA QUINTA West side South of CALLE CASINO ID# 10021 CALLE LA QUINTA North side East of CALLE LOS OLIVOS 44 1591
PHOTOS of Catch Basins CITY of SAN CLEMENTE OCTA 2026 Project X ID# 10022 CALLE LA QUINTA North side East of CALLE LOS OLIVOS ID# 10024 CALLE LOS OLIVOS West side North of CALLE VERANO ID# 10025 CALLE LOS OLIVOS East side North of CALLE VERANO 45 1592
ID# 10026 CALLE AGUA West side South of CALLE VERANO
ID# 10027 CALLE AGUA East side South of CALLE VERANO
ID# 10028 CAMINO DE LOS MARES North side East of CALLE AGUA 46 1593
PHOTOS of Catch Basins CITY of SAN CLEMENTE OCTA 2026 Project X ID# 10029 CAMINO DE LOS MARES South side East of CALLE AGUA ID# 10055 CAMINO MIRA COSTA North side East of CAMINO DE ESTRELLA ID# 10056 CAMINO MIRA COSTA North side East of CAMINO DE ESTRELLA 47 1594
ID# 10057 CAMINO MIRA COSTA North side East of CAMINO DE ESTRELLA ID# 10072 PASEO AGUILA North side East of PASEO HALCON
ID# 10079 CAMINO DE LOS MARES South side East of MARBELLA 48 1595
PHOTOS of Catch Basins CITY of SAN CLEMENTE OCTA 2026 Project X ID# 10081 CAMINO DE LOS MARES South side East of MARBELLA ID# 10082 CAMINO DE LOS MARES North side East of MARBELLA ID# 10083 CALLE GRANDE VISTA West side South of CALLE QUIETO 49 1596
ID# 10087 PLAZA ESTIVAL Parking Lot PLAZA ESTIVAL
ID# 10088 PLAZA ESTIVAL Parking Lot PLAZA ESTIVAL
ID# 10089 PLAZA ESTIVAL Parking Lot PLAZA ESTIVAL
50 1597
PHOTOS of Catch Basins CITY of SAN CLEMENTE OCTA 2026 Project X ID# 10091 CAMINO MIRA COSTA South side East of PLAZA ESTIVAL ID# 10092 CAMINO MIRA COSTA North side East of PLAZA ESTIVAL ID# 10093 CAMINO MIRA COSTA North side East of PLAZA ESTIVAL 51 1598
ID# 10094 PLAZA ESTIVAL East side North of CAMINO MIRA COSTA ID# 10095 PLAZA ESTIVAL East side North of CAMINO MIRA COSTA ID# 10090 PLAZA ESTIVAL Parking Lot PLAZA ESTIVAL
52 1599
PHOTOS of Catch Basins CITY of SAN CLEMENTE OCTA 2026 Project X ID# 10096 PLAZA ESTIVAL West side North of CAMINO MIRA COSTA ID# 10097 PLAZA ESTIVAL West side North of CAMINO MIRA COSTA ID# 10101 CAMINO MIRA COSTA North side East of PASEO FLAMENCO 53 1600
ID# 10102 CAMINO MIRA COSTA South side END OF PASEO FLAMENCO ID# 10103 CALLE GUAYMAS West side North of CALLE LA VETA ID# 10104 CALLE LA VETA North side East of CALLE GUAYMAS 54 1601
PHOTOS of Catch Basins CITY of SAN CLEMENTE OCTA 2026 Project X ID# 10105 CALLE LA VETA South side East of CALLE GUAYMAS ID# 10106 CALLE LA VETA North side East of CALLE GUAYMAS ID# 10107 CALLE LA VETA South side East of CALLE GUAYMAS 55 1602
ID# 10110 CALLE BORREGO East side South of CAMINO MIRA COSTA ID# 10111 CALLE BORREGO West side South of CAMINO MIRA COSTA ID# 10112 CALLE BORREGO West side South of CAMINO MIRA COSTA 56 1603
PHOTOS of Catch Basins CITY of SAN CLEMENTE OCTA 2026 Project X ID# 10113 CALLE LA VETA North side East of CALLE GUAYMAS ID# 10114 CALLE LA VETA South side East of CALLE GUAYMAS ID# 10116 CAMINO ALONDRA North side END OF VIA PICHON
57 1604
ID# 10117 CAMINO ALONDRA North side East of CAMINO MIRA COSTA ID# 10118 CAMINO MIRA COSTA North side East of CAMINO ALONDRA ID# 10119 CAMINO ALONDRA South side East of CAMINO MIRA COSTA 58 1605
PHOTOS of Catch Basins CITY of SAN CLEMENTE OCTA 2026 Project X ID# 10123 CAMINO MIRA COSTA East side North of VISTA AZUL ID# 10126 CAMINO MIRA COSTA West side North of VISTA AZUL ID# 10127 CALLE LA VETA South side East of CAMINO MIRA COSTA 59 1606
ID# 10128 CALLE LA VETA North side East of CAMINO MIRA COSTA ID# 10129 CAMINO MIRA COSTA East side North of PASEO GALITA ID# 10138 CAMINO CAPISTRANO North side East of DEL GADO RD 60 1607
PHOTOS of Catch Basins CITY of SAN CLEMENTE OCTA 2026 Project X ID# 10168 MIRA PUERTA West side South of CALLE NUEVO
ID# 10169 MIRA PUERTA East side South of CALLE NUEVO
ID# 10170 CALLE NUEVO South side East of VIA MORADA
61 1608
ID# 10212 AVENIDA VAQUERO South side East of CALLE VICENTE ID# 10216 CAMINO DE LOS MARES West side East of AVENIDA VAQUERO ID# 10295 AVENIDA VAQUERO South side East of CALLE VALLARTA 62 1609
PHOTOS of Catch Basins CITY of SAN CLEMENTE OCTA 2026 Project X ID# 10334 AVENIDA VAQUERO East side North of VIA CASCADITA ID# 10335 AVENIDA VAQUERO West side North of VIA CASCADITA ID# 10342 AVENIDA VAQUERO North side East of CAMINO CAPISTRANO 63 1610
ID# 10343 AVENIDA VAQUERO South side East of CAMINO CAPISTRANO ID# 10344 CAMINO CAPISTRANO East side North of EL CAMINO REAL ID# 10345 CAMINO CAPISTRANO West side North of PCH
64 1611
PHOTOS of Catch Basins CITY of SAN CLEMENTE OCTA 2026 Project X ID# 10346 VIA CASCADITA South side East of VIA MONTEGO
ID# 10348 EL CAMINO REAL North side East of CAMINO SAN CLEMENTE ID# 10349 CAMINO SAN CLEMENTE East side North of EL CAMINO REAL 65 1612
ID# 10350 CAMINO SAN CLEMENTE West side North of EL CAMINO REAL ID# 10522 VIA AMAPOLA South side South of CALLE PIEDRAS ID# 12965 CALLE VICENTE South side South of AVE.VAQUERO 66 1613
PHOTOS of Catch Basins CITY of SAN CLEMENTE OCTA 2026 Project X ID# 12580 CALLE CAMPANERO West side South of VIA SUERTE ID# 12581 CALLE CAMPANERO East side South of VIA SUERTE ID# 12584 CALLE CAMPANERO North side East of VIA SUERTE 67 1614
ID# 12586 VIA SUERTE West side South of VISTA HERMOSA
ID# 12587 VIA SUERTE East side South of VISTA HERMOSA
ID# 12591 AVENIDA TALEGA West side North of CALLE CAMPANERO 68 1615
PHOTOS of Catch Basins CITY of SAN CLEMENTE OCTA 2026 Project X ID# 12592 AVENIDA TALEGA East side North of CALLE CAMPANERO ID# 12593 AVENIDA TALEGA East side North of CALLE CAMPANERO ID# 12687 AVENIDA LA PATA West side North of AVE. VISTA HERMOSA 69 1616
PHOTOS of Catch Basins CITY of SAN CLEMENTE OCTA 2026 Project X ID# 11380 CALLE DEL CERRO North side East of AVENIDA VISTA MONTANA ID# 11779 CALLE PASTADERO North side East of VIA PRESA
ID# 11781 VIA PRESA East side North of AVENIDA VISTA MONTANA 70 1617
ID# 11782 VIA PRESA West side South of CALLE PASTADERO
ID# 11783 VIA PRESA East side South of CALLE PASTADERO
ID# 11784 VIA PRESA East side South of CALLE PASTADERO
71 1618
PHOTOS of Catch Basins CITY of SAN CLEMENTE OCTA 2026 Project X ID# 11786 VIA PRESA West side South of CALLE PASTADERO
ID# 11789 CALLE PASTADERO East side end of AVENIDA MENDOCINO ID# 12220 FINCA ST. East side South of ALBERGER
72 1619
PHOTOS of Catch Basins CITY of SAN CLEMENTE OCTA 2026 Project X ID# 11357 CALLE AMANECER South side East of CALLE NEGOCIO ID# 11363 AVENIDA PICO East side South of CALLE AMANECER ID# 11676 CALLE NEGOCIO South side East of CALLE TREPADORA 73 1620
ID# 11703 CALLE SOMBRA East side South of CALLE AMANECER ID# 11704 VIA CALLEJON North side East of AVENIDA LA PATA ID# 11705 VIA CALLEJON North side East of AVENIDA LA PATA 74 1621
PHOTOS of Catch Basins CITY of SAN CLEMENTE OCTA 2026 Project X ID# 11719 CALLE AMANECER South side East of CALLE CORDILLERA ID# 12187 AVENIDA LA PATA South side East of CALLE DEL CERRO ID# 11354 CALLE AMANECER South side East of CALLE NEGOCIO 75 1622
PHOTOS of Catch Basins CITY of SAN CLEMENTE OCTA 2026 Project X ID# 10604 CALLE FRONTERA North side East of CALLE CUADRA ID# 11017 CALLE FRONTERA North side East of CALLE FACETA ID# 11019 CALLE FRONTERA North side East of CALLE FACETA 76 1623
ID# 11021 CALLE FRONTERA North side East of AVENIDA PICO ID# 11022 CALLE FRONTERA South side East of AVENIDA PICO ID# 11023 CALLE FRONTERA North side East of AVENIDA PICO 77 1624
PHOTOS of Catch Basins CITY of SAN CLEMENTE OCTA 2026 Project X 11024 CALLE FRONTERA South side East of AVENIDA PICO
ID# 13319 CAMINO SAN CLEMENTE North side East of VIA SOCORRO 78 11785 VIA PRESA East Side South of CALLE PASTADERO
1625
PHOTOS of Catch Basins CITY of SAN CLEMENTE OCTA 2026 Project X ID# 10663 DIJE CT East side North of BUENA VISTA
ID# 11107 AVENIDA SIERRA North side North of LA PLACENTIA ID# 11114 CALLE REDONDEL North side East of AVENIDA DE LA ESTRELLA 79 1626
ID# 11139 CALLE REDONDEL South side East of AVENIDA DE LA ESTRELLA ID# 11140 CALLE REDONDEL West side East of AVENIDA DE LA ESTRELLA 80 1627
PHOTOS of Catch Basins CITY of SAN CLEMENTE OCTA 2026 Project X ID# 11921 AVENIDA SAN PABLO East side South of CALLE CUERVO ID# 11942 E AVENIDA MAGDALENA South side East of CALLE GOMEZ ID# 12288 CALLE BAHIA West side North of CALLE BAHIA
81 1628
PHOTOS of Catch Basins CITY of SAN CLEMENTE OCTA 2026 Project X ID# 11910 W AVENIDA RAMONA South side East of S EL CAMINO REAL ID# 11947 W AVENIDA JUNIPERO South side East of S EL CAMINO REAL ID# 11952 W AVENIDA SAN GABRIEL South side East of S EL CAMINO REAL 82 1629
ID# 11964 S EL CAMINO REAL East side North of AVENIDO MENDOCINO ID# 13287 W AVENIDA CORNELIO South side East of S EL CAMINO REAL ID# 12289 CALLE BAHIA East side North of CALLE BAHIA
83 1630
PHOTOS of Catch Basins CITY of SAN CLEMENTE OCTA 2026 Project X ID# 11644 AVENIDA LOBEIRO AT END East of AVENIDA MONTALVO ID# 13275 AVENIDA DEL PRESIDENTE West side North of AVE. VISTA DEL OCEANO ID# 13299 AVE. DEL PRESIDENTE Parking Lot East of SANTA CLEMENTE INN 84 1631
PHOTOS of Catch Basins CITY of SAN CLEMENTE OCTA 2026 Project X ID# 11494 EL CAMINO REAL South side East of AVENIDA PRESIDIO ID# 11495 AVENIDA PRESIDIO South side East of EL CAMINO REAL ID# 11517 S LA ESPERANZA West side North of CALLE PATRICIA 85 1632
ID# 11544 AVENIDA ARLENA South side East of S LA ESPERANZA ID# 11557 E AVENIDA CORDOBA East side North of VIA AVILA ID# 13295 AVENIDA PRESIDIO West side North of N LA ESPERANZA 86 1633
D. Detailed Project Schedule
87 1634
City Council Approval of Resolution May 19, 2026
OCTA Committee & Board Approval October 15, 2026
March 15, 2027
May 4, 2027
July 1, 2027
OCTA Letter Award Signed
City Award of Contract to Contractor
START - Contractor
Construction/Installation
COMPLETION - Contractor
Construction/Installation October 1, 2027

DETAILED PROJECT SCHEDULE
OCTA ECP Project X 2026-27

CITY OF SAN CLEMENTE
88 1635
Lic. #801253 - A, C8, C60
1352 E. Borchard Ave.

Santa Ana, CA 92705
714.748.4242
[email protected]
Installation Schedule
City of San Clemente
2026-27 OCTA ECP, Project X
May 1, 2026
Action Time (from signed
contract & NTP)

1. Evaluate all catch basins and take detailed
measurements.
4 weeks

2. Fabricate custom CPS-Mod™, GITS™ & ARS-CL™

3. Install custom fitted G2 Devices 8 weeks

4. Inspection and sign-off
TOTAL PROJECT (start to finish) 12 WEEKS
89 1636
E. Design Drawings
90 1637
CPS-Mod™
Patented
CPS Modular Series
CA State Water Board Certified - FULL CAPTURE SYSTEM
_____________________________________________________________________________________________________________________________ G2 CPS-Mod™ Full-Capture 5mm perforated screens with
patented modular design for easy installation inside catch basins.

Approved by the California State Water Board, LACDPW, OCPW, OCTA, SF Bay RWQCB & agencies everywhere. The CPSMod™ prevents trash, pollutants, and debris from entering waterways through the catch basin outlet pipe.
• Made from 304 Stainless Steel for extended life.
• Sized to meet or exceed 1-year, 1-hour storm.
• Modular to easily fit all catch basin types.
• Custom designed and fabricated to each catch basin to ensure compliance of no gaps > 5mm in size.
• Professionally installed by G2 or a trained & certified installer. • Quick Release Removable (optional)
• Mosquito & Vector Abatement Deflector (where required) Recommended with G2’s ARS CamLock Series™
91 1638
CPS-Mod™
Patented
CPS Modular Series
FULL CAPTURE SYSTEM Certified by
California State Water Board & Regional Water Quality Control Boards G2 CPS-Mod™ Connector Pipe Screen
Function:
• Captures all pollutants 5mm and larger that enter the catch basin. • Pollutants prevented from exiting the catch basin:
➢ Primary: plastics (food containers, bags, bottles, straws); trash (paper, cigarette butts, cans); vegetative debris (leaves, branches, landscaping); other all other objects. ➢ Secondary: pollutants absorbed by or attached to the Primary pollutants. Including from vehicles (hydrocarbons, fluids, copper, cadmium, zinc, tires, etc.), pathogens / bacteria, pesticides, nutrients, organic compounds, sediment toxicity, etc.

Design, Flexibility, & Approval:
• Custom designed and fabricated for each catch basin and its unique features. • Fits any standard catch basin with discharge pipe on front, back, or side wall. • Approved by State Waterboard, Los Angeles County DPW, City of LA, Orange County DPW, OCTA, San Francisco Bay Area Water Resource Board, and agencies everywhere.

Material & Fabrication:
• Made of 304 stainless steel; 14 gauge with 5mm holes. • “Made in California, USA”
Value:
• Low initial capital investment relative to other storm water quality BMPs. Lower long-term and total lifetime costs vs. any water quality BMP or taking no action. • Requires no replacement filters or parts.
• G2’s CPS-Mod™ in combination with the G2’s ARS-CL™ creates the most effective BMP system and greatest value.

Public Outreach:
• Residents aware of the CPS-Mod™ installed in their local catch basin perceive it to be an environmental benefit and demonstrates an environmentally conscious community.

Recommended with G2’s ARS CamLock Series™ screens, for the most complete full capture system. 92 1639
CPS-Mod™
Patented
CPS Modular Series FULL CAPTURE SYSTEM
93 1640
NOTES: TOP DEFLECTOR, AS NEEDED SUPPORT BRACKET WHEN A 48". BOTTOM TRIM SIZED TO FIT, AS NEEDED, SEE SHEET #3. 2 G2 Construction, Inc. Connector Pipe Screen (CPS) NOT TO SCALE A *Hb *Hs A* B* (typ) *Hs/2 (typ) *Hs/2 (typ) Full Capture Model: G2 CPS - Modular Patented VI A 5 mm Opening Screen 14 Gauge *L = A A 5 mm Opening Screen 14 Gauge *L = A+2B B (typ) A 5 mm Opening Screen 14 Gauge *L = A+B B 3 3 1 2 1 Screen made of 304 Stainless Steel 14 gauge, with 5 mm openings.

Manufactured and Installed Exclusively by:

Office (714) 748- 4242
CA Lic. # 801253 A, C-8, C-60
G2 Construction, Inc. [email protected] Santa Ana, CA 92705 1352 E. Borchard Avenue
94 1641
_
GITS™ Drop-In CPS
Grated Inlet Trash Screen
___________________________________________________________________________________________ State Water Board Certified

FULL CAPTURE SYSTEM
G2 GITS™ grated inlet trash screen is a Full Capture
System with 5mm perforations.
• Made from 304 Stainless Steel for extended life.
• Fits under any size inlet grate.
• Custom designed, fabricated & fitted to each grated
inlet. “Made in California, USA”
• Sized to meet or exceed 1-year, 1-hour storm*.
• Professionally installed by G2 or by the customer.

Recommended for grated inlets.
95 1642
GITS™ Drop-In CPS
Grated Inlet Trash Screen
FULL CAPTURE SYSTEM Certified by the
CA State Water Board & Regional Water Quality Control Boards GITS™ Under Grate Trash Capture Device
Function:
• Captures all pollutants 5mm and larger that enter the inlet through the grate. • Meets CA State Water Board trash regulation Track 1 requirements. • Easy to install, clean and maintain.
• Pollutants prevented from exiting the inlet:
➢ Primary: plastics (food containers, bags, bottles, straws); trash (paper, cigarette butts, cans); vegetative debris (leaves, branches, landscaping); other all other objects. ➢ Secondary: pollutants absorbed by or attached to the Primary pollutants. Including from vehicles (hydrocarbons, fluids, copper, cadmium, zinc, tires, etc.), pathogens / bacteria, pesticides, nutrients, organic compounds, sediment toxicity, etc.

Design, Flexibility, & Approval:
• Custom designed and fabricated for each inlet and its unique features. Fits any grated inlet. • Approved by State Water Board, Orange County DPW, OCTA, and agencies everywhere.

Public Outreach:
• Residents aware of the GITS installed in their local grated inlet perceive it to be an environmental benefit and demonstrates an environmentally conscious community. 96 1643
_____________________________________________________________________________________ [email protected] www.G2construction.com Santa Ana 714.748.4242 DBE, MBE & SBE Certified California GITS™ Drop-In CPS
Grated Inlet Trash Screen
FULL CAPTURE SYSTEM Certified by the
CA State Water Board & Regional Water Quality Control Boards 97 1644

18.00 Side View End View Top View 25.75 8.09 25.75 27.75 23.75 10.00 3.50 3.50 10.09 8.09 17.75 39.00 40.00 5.00 G2 Construction, Inc. TM GITS Full Capture System Patent Pending Grated Inlet Trash Screen Model : 18" x 40" with 10" Basket 1 4 1 1 2 3 3 Full Capture System for Drop Inlets with grate covers 18" x 40" 1 34 304 SS - 16 gauge Rim Assembly 304 SS 14 gauge, 5mm perforated material 304 SS solid round bar 18" dia. used to trim off top of basket. Makes for no sharp edge. 2 304 SS Solid round bar 14" dia. , each baskets has 6 support members.

Manufactured and Installed Exclusively by:

Office (714) 748- 4242
CA Lic. # 801253 A, C-8, C-60
G2 Construction, Inc. [email protected] Santa Ana, CA 92705 1352 E. Borchard Avenue

SAMPLE DRAWING
98 1645
99 1646
ARS-CL™
Patented
ARS CamLock Series
___________________________________________________________________________________________ G2’s ARS-CL™ automatic retractable screen with CamLock
technology prevents trash and debris from entering catch basins through the curb opening. Approved by LACDPW,
OCTA, OCPW, SF Bay ABAG, and most agencies.

Approved for Trash Amendment TRACK 2 compliance.

Reduces catch basin cleaning costs and CPS maintenance.

Prevents up to 95% of trash and debris from entering the catch basin.
• Made from 304 Stainless Steel for extended life.
• Custom designed, fabricated & fitted to each curb
opening. “Made in California, USA”
• Independent ARS-CL™ devices open and lock between
all catch basin support bolts.
• Sized to meet or exceed 1-year, 1-hour storm*.
• Professionally installed by G2.

Recommended with G2’s CPS-Mod Series™
100
1647
ARS-CL™
Patented
ARS CamLock Series
_________________________________________________________________________________________ ARS-CL™ Automatic Retractable Screen
Function:
• Stops all pollutants ¾ inches and larger from entering catch basins and water systems. • Significantly reduces cleaning frequency for catch basins and CPS-Mod™ maintenance. • Pollutants prevented from entering the catch basin:
➢ Primary: plastics (food containers, bags, bottles); trash (paper, cigarette butts, cans); vegetative debris (leaves, branches, landscaping); other objects (balls, toys). ➢ Secondary: pollutants absorbed by or attached to the Primary pollutants. Including from vehicles (hydrocarbons, fluids, copper, cadmium, zinc, tires, etc.), pathogens / bacteria, pesticides, nutrients, organic compounds, sediment toxicity, etc.
• Automatically unlocks and opens during storm events to prevent street flooding. • Automatically re-locks in the closed position to prevent pollutant access. • Low maintenance. Prevents 85-95% of trash and debris from entering the catch basin.

Design, Flexibility, & Approval:
• Custom designed and fabricated for each catch basin’s curb opening. • Fits any standard curb-face catch basin opening.
• Approved by Los Angeles County DPW, City of LA, Orange County DPW, OCTA, San Francisco Bay Area Water Quality Board, Contra Costa County DPW, and Agencies nationally.

Material & Fabrication:
• 100% stainless steel device.
• Fabricated in Orange County. “Made in California, USA” Value:
• Significantly reduces catch basin cleaning requirements and costs. • Low initial capital investment relative to other storm water quality BMPs. Lower long-term and total lifetime costs vs. any water quality BMP or taking no action. • Requires no replacement filters or parts.
• Works in harmony with regular street sweeping programs.

Aesthetics & Environmentalism:
• Beautiful stainless steel devices add aesthetic value to streets and neighborhoods. • Residents perceive the ARS-CL™ to be an environmental benefit and demonstrates an environmentally conscious community.

Recommended with G2’s CPS-Mod Series™ screens, for the most complete full capture system. 101
1648
ARS-CL™
Patented
ARS CamLock Series
__________________________________________________________________________________________ 102
1649

Device Filtered Flow Rate Calculation
What are the filtered flow rates for G2 Construction devices, and how are they determined? G2 Construction (G2) reports filtered flow rates based on hydrology modeling and testing with water flows.

Our design team applies the same formula used by the Los Angeles County Department of Public Works (LACDPW) to calculate filtered CFS (cubic feet per second) in their TECHNICAL REPORT on Connector Pipe Screen Design and Full Capture TMDL Compliance (April 2007). This technical report was submitted and approved by the Los Angeles Regional Water Quality Control Board.

CPS-Mod ™ CFS Formula:

Where:

Qscreen= Max CFS filtered thru screen.
c = Coeficent of the screen orifice for friction & turbulence.

A = Area of the screen.
g = Gravity.
h = Differential head of upstream vs. downstream side of screen.

Using this formula, G2 calculates the filtered CFS for different designs, and with different assumptions. Catch basin discharge pipes are designed and sized to transport the area’s stormwater from the catch basin. G2 designs each CPS-Mod™ based on the size and location of the discharge pipe, and size and configuration of the catch basin.

In addition to modeling filtered CFS with formulas, G2 has tested our devices with flowing water.

Results found that actual flowing water CFS rates were 90-95% of the modeled formulas.

However, G2 realizes there are many factors that can reduce filtration rates not included in the formulas. We take a conservative approach by applying a size factor that calculates filtration rates for a smaller device that estimated, typically 85%. This provides a safety factor.

G2 knows there are real world variables that will reduce flow rates, and screen blockage is the most common issue. For that reason, G2 designs assume that a percentage of the screen will be blocked with trash or debris, and our designs typically assume between 10-30% of the screen cannot pass water. This directly reduces the assumed filtration rates.

Each of G2’s ARS-CL™ screens varies in curb opening width between 3.5’ to 5’, and is designed to unlock and open when 4” of water pools in front of the catch basin. The same formula is used to determine device filtered flow rates. Similarly, our designed filtered flow rates for the closed ARSCL™ screen assumes there is some screen blockage. LACDPW has performed hydrology tests on the ARS-CL™ at the San Gabriel dam test facility and has approved the design.

Device Filtered Flow Rate Testing with Water
G2’s devices have been testing using flowing water to simulate real-world conditions. Attached is a report of filtration testing performed on the patented CPS-Mod™. This test and the results were included in G2’s application to the State Waterboard that resulted in the certification of G2’s CPSMod™ and GITS™ devices as Full Capture Systems. 103
1650
&ŝůƚĞƌĞĚ&ůŽǁZĂƚĞdĞƐƚŝŶŐͲ'ϮW^ͲDŽĚ:ĂŶ͘ϮϬϭϵ ϭ

FILTERED FLOW RATE TESTING
Device Tested: G2 Construction – CPS-Mod™
Filtered Flowrate (CFS) Testing for G2 CPS-Mod™
Summary: Lab testing of G2-1 CPS-Mod™ was performed to determine filtered flow rates (CFS) in a simulated in-house catch basin system. Results showed that an average sized G2 CPS (7.0 sqft screen) will filter more than 10 CFS of water when clean. This filtered flow rate exceeds the peak flowrate of the one-year, one-hour storm event for most catch basins with discharge pipe less than 24”. Results also showed that when 25% of the screen is blocked it will continue to filter at least 8 CFS.

The primary limitation of the testing was due to limited supply of water (900 gallons), which was recycled during testing. For all tests the G2-1 CPS successfully filtered all water flows without overflowing the screen. If higher CFS flow rates were available during testing, then higher maximum filtered flow rates would have resulted.

Methodology: G2 built an in-house water flow system with three chambers:

1. Water Source Chamber holds up to 120 cubic feet of water (900 gallons).

2. Test Chamber is a simulated catch basin where the tested CPS was installed.

3. Recycle Tank collects tested water (120 cubic ft; 900 gal), where it is pumped back up to the source chamber.

Test Chamber Dimensions:

Tested G2-1 CPS-Mod™ device:

This CPS was tested under two scenarios:

1. 0% screen blockage.

2. 25% blockage. The bottom 25% of the screen was tightly covered with impermeable plastic barrier.
104
1651
&ŝůƚĞƌĞĚ&ůŽǁZĂƚĞdĞƐƚŝŶŐͲ'ϮW^ͲDŽĚ:ĂŶ͘ϮϬϭϵ Ϯ
For each test, up to 120 cubic feet flowed from the water source chamber, into the test chamber and through the CPS.

Test Results:

In all test scenarios, the G2 CPS filtered 100% of the water without water rising and overflowing the screen.

Analysis: The CPS could have filtered more water, if it was available, without overflowing. The tested G2 CPS had a filtered flowrate that exceeded 1.5 CFS per square foot of screen.

Conclusion: Testing showed that G2’s CPS of average size (7 sqft screen) filters water in excess of 10 CFS. This rate exceeds the full capture requirements of most catch basins with a discharge pipe diameter less than 24”. The primary limitation of this test was the inability to supply higher water volumes and flow rates. Further testing is recommended.

Photos of CFS Tests

G2 CFS Tester (3 chamber system) Water Source Chamber (120 CF / 900 Gallons)

105
1652
&ŝůƚĞƌĞĚ&ůŽǁZĂƚĞdĞƐƚŝŶŐͲ'ϮW^ͲDŽĚ:ĂŶ͘ϮϬϭϵ ϯ
Scenario 1: 0% Blockage of Screen Scenario 2: 25% Blocked with plastic Before Test
Test Chamber Discharge Pipe
During Test
106
1653
FILTERED FLOW RATES - LAB TEST G2 Grated Inlet Trash Screen Filtered Flowrate (CFS) Testing for G2 GITS 40x24
Summary:

Lab testing of the G2 GITS was performed to determine filtered flow rates (CFS) in a simulated in-house storm water inlet. Three scenarios were tested using the standard G2 GITS 40x24 (10.9 sqft screen): 0% screen blockage, 50% screen blockage, and 71% screen blockage. Results showed that 9 CFS flow rate was successfully filtered across on all 3 tests, and projected maximum CFS of the unblocked GITS is higher than 18 CFS. This is a conservative estimate. The GITS filtered flow rates qualify it as a full capture system.

Methodology:

G2 built an in-house water flow system to simulate a storm event for a grated inlet:

1. Water Source Chamber holds up to 120 cubic feet of water (900 gallons).

2. Test Chamber is a simulated inlet where the tested GITS was installed.

For Test 1, the GITS trash collection basket’s screen was completely open. For Test 2 and 3, thick waterproof tape was applied to both the inside and outside of the screen to make it completely impermeable. Test 2 (50% blockage) was conducted after the GITS bottom was blocked completely, and all 4 sides were wrapped up to a 50% height of the collection basket. Test 3 (71% blockage) was conducted after the GITS bottom was blocked completely, and 3 of 4 sides were wrapped completely. This left one side open (29% of the screen surface).

Results and Analysis:

Test 1: 0% blockage, with 9 CFS water flow, resulted in 100% filtration through the screen without overflow.

Water exited from the bottom and middle of the screen, but the upper portion of the filtration basket was not utilized, indicating there was more capacity. If higher CFS flow rates were available during this test, then higher maximum filtered flow rates would have resulted. This 9 CFS filtered flow rate exceeds the peak flowrate of the one-year, one-hour storm event for most inlets with 40” by 24” grates.

Test 2: 50% blockage, with 9 CFS, resulted in 100% filtration through the screen without overflow. The projected maximum CFS of an unblocked GITS, based on this test, is 18 CFS.

Test 3: 71% blockage, with 9 CFS, resulted in 100% filtration through the screen without overflow. The projected maximum CFS of an unblocked GITS, based on this test, is 31 CFS. The filtered flowrate of this test exceeded 2.5 CFS per square foot of screen.

Conclusion:

Testing showed that G2’s GITS 40x24 (10.9 sqft screen) successfully filters waterflow of 9 CFS. Projected CFS exceeds 18 CFS (Test 2) and may reach 31 CFS (Test 3). The GITS filtered flow rates qualify it as a full capture system. The primary limitation of this test was the inability to supply higher water volumes and flow rates.
1 107
1654
G2 CFS Test Chamber
_____________________________________________________________________________________ TESTS
Scenario 1: 0% Blockage of Screen
Pre-Test Setup During Test (Image at Max CFS = No Overflow) 2 108
1655
Scenario 2: 50% Blockage of Screen
(Top half open; bottom and half of 4 sides blocked)
Pre-Test Setup During Test (Image at Max CFS = No Overflow) _____________________________________________________________________________________ Scenario 3: 79% Blockage of Screen
(Front side open; 3 sides and bottom blocked)
Pre-Test Setup During Test (Image at Max CFS = No Overflow) 3 109
1656
Catch Basin receiving ARS-CL™ and CPS-Mod™ FCS
ARS-CL CPS-Mod
w ARS
CB "W"
(ft)
ARS-CL
CB Count
Linear Feet (LF) of
Curb Opening
CPS-Mod
CB Count
Cubic Ft/
LF
Cubic Ft/
LF
Cubic Ft Trash/
Debris Captured

3.5 16 56 18 9 8 1,008
7 63 441 61 9 6 6,531
10 25 250 26 9 6 3,810
14 11 154 11 9 6 2,310
21 8 168 7 9 6 2,394
28 4 112 3 9 5 1,428
127 1181 126
(LF) of Curb Opening
Catch Basin drop-inlets receiving GITS™ FCS
Grate
Size
GITS
Count
SQFT of Grate
Opening
Cubic Ft Trash/
Debris Captured
40" x 24" 4 33.3 167
TOTAL 137 17,648
CB Count Cubic Ft Trash/ Debris
Captured per Year
Cubic Ft/ SQFT
5 CITY OF SAN CLEMENTE
Northern San Clemente Roadways Runoff
Treatment Project 2026-27

TRASH & DEBRIS CAPTURE
Cubic Foot Estimate

ASSUMPTIONS

ASSUMPTIONS
110
1657
G2 Construction, Inc.

Full Capture System Devices
Device Device
Quantity
Device Filtration
SQFT (avg)

PROJECT
Filtration
Total SQFT
Design Flow
Rate Max per
Device
CPS-Mod 6.0 62 4.75 294.5 6.12
CPS-Mod 9.0 46 7.25 333.5 9.34
CPS-Mod 11.0 18 11.00 198 11.42
GITS 40x24 3 6.9 20.7 8.89
GITS 40x24 (double) 1 13.8 13.8 17.78
TOTALS 130 860.5
Weighted Average CFS per 8.15
per Device (0% screen blockage)
Device Filter Size 6.62 SQFT (avg)
Device Max Filtration 8.15 CFS (avg)
Screen Blockage 35% (Max. anticipated blockage between CB Cleanings) (conservative option)
DESIGN FLOWRATE 5.30 CFS FILTERED (avg)
TOTAL DESIGN 688.4 CFS FILTERED
Curb-Opening Device Screens
Device Quantity Device Linear
Feet (avg) Total SQFT
Design Flow
Rate Max per
Device
ARS-CL Screens 306 3.5 714 1.45
TOTALS 306 714 1.45
DESIGN FLOWRATE 1.45 CFS (avg)
TOTAL DESIGN 443.7 CFS FILTERED

DESIGN FLOW

CITY OF SAN CLEMENTE
Northern San Clemente Roadways Runoff
Treatment Project 2026-27
111
1658
F. City Council Resolution Draft
(San Clem ente City Council to
approve on May 19, 2026)
112
1659
Attachment 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING AN

APPLICATION FOR FUNDS FOR THE ENVIRONMENTAL
CLEANUP, TIER 1 GRANT PROGRAM UNDER ORANGE
COUNTY LOCAL TRANSPORTATION ORDINANCE NO. 3

FOR THE NORTHERN SAN CLEMENTE ROADWAYS

RUNOFF TREATMENT PROJECT
WHEREAS, Orange County Local Transportation Ordinance No.3, dated July 24, 2006, is known and cited as the Renewed Measure M Transportation Ordinance and Investment Plan and makes funds available through the Environmental Cleanup Program to help protect Orange County beaches and waterways from transportation-generated pollution (urban runoff) and improve overall water quality; and WHEREAS, the Environmental Cleanup, Tier 1 Grant Program consists of funding purchases and installation to catch basins with Best Management Practices, such as screens, filters, inserts, and other "street-scale" low flow diversion projects; and WHEREAS, the Orange County Transportation Authority (OCTA) has established the procedures and criteria for reviewing proposals; and WHEREAS, the City of San Clemente possesses authority to nominate water quality improvement projects that have a transportation pollution nexus to finance and construct the proposed project; and
WHEREAS, by formal action the City Council authorizes the nomination of the Northern San Clemente Roadways Runoff Treatment Project, including all understanding and assurances contained therein, and authorizes the person identified as the official representative of the City of San Clemente to act in connection with the nomination and to provide such additional information as may be required; and WHEREAS, the City of San Clemente will maintain and operate the equipment acquired and installed; and
WHEREAS, the City of San Clemente will give OCTA's representatives access to and the right to examine all records, books, papers or documents related to the funded Tier 1 Grant Project; and
WHEREAS, the City of San Clemente will cause work on the project to be commenced within a reasonable time after receipt of notification from OCTA and that the project will be carried to completion with reasonable diligence; and WHEREAS, the City of San Clemente will comply where applicable with provisions of the California Environmental Quality Act, the National Environmental Policy Act, the American with Disabilities Act, and any other federal, state, and/or local laws, rules and/or 113
1660
Resolution No. Page 2
regulations; and
WHEREAS, the City of San Clemente must include all projects funded by Net Revenues in the seven-year Capital Improvement Program as part of the Renewed Measure M Ordinance eligibility requirement; and
WHEREAS, the City of San Clemente authorizes a formal amendment to the seven-year Capital Improvement Program to add projects approved for funding upon approval from the Orange County Transportation Authority Board of Directors; and WHEREAS, the City of San Clemente will provide a minimum of 20% in matching funds for the Northern San Clemente Roadways Runoff Treatment Project as required by the Orange County Comprehensive Transportation Funding Program Guidelines.

NOW, THEREFORE, the City Council of the City of San Clemente hereby finds, determines and resolves as follows:

SECTION 1. The recitals above are true and correct and incorporated fully herein as findings.

SECTION 2. The application submitted on May 1, 2026 to the Orange County Transportation Authority (OCTA) Project X Environmental Cleanup Program, Tier 1 Grant Program, for the Northern San Clemente Roadways Runoff Treatment Project is hereby approved.

SECTION 6. 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 May, 2026.

ATTEST:
114
1661
Resolution No. Page 3
__________________________ _________________________
CITY CLERK of the City of Rick Loeffler, Mayor
San Clemente, California City of San Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. _________ was adopted at a regular meeting of the City Council of the City of San Clemente held on the 19th day of May, 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
115
1662
G. Project Drainage Areas, Priority Land Uses,
BMP Location & KMZ Files
116
1663
CITY OF SAN CLEMENTE 2026
PROJECT DRAINAGE ACRES + IMPERVIOUS SURFACE

PRIORITY LAND USE (PLU) DRAINAGE AREAS
Drainage
Area
Drainage Area Name
on KMZ File
CPS-Mod
Drainage
Acres
GITS
Drainage
Acres
ARS-CL
Drainage
Acres
Total PLU
Acres Land Use
Imperviousness
*
Imperv
Acres
1 C01. PLU - Commercial 32.0 0.0 32.0 32.0 Commercial 88% 28.2 2 C02. PLU - Commercial 27.9 0.0 27.9 27.9 Commercial 88% 24.6 3 C03. PLU - Commercial 14.7 0.0 14.7 14.7 Commercial 88% 12.9 4 C04. PLU - Commercial 0.0 1.8 0.0 1.8 Commercial 88% 1.6 5 C05. PLU - Commercial 14.0 0.0 14.0 14.0 Commercial 88% 12.3 6 C06. PLU - Commercial 4.2 0.0 4.2 4.2 Commercial 88% 3.7 7 C07. PLU - Commercial 10.4 0.0 10.4 10.4 Commercial 88% 9.2 8 C08. PLU - Commercial 7.4 0.0 7.4 7.4 Commercial 88% 6.5 9 C09. PLU - Commercial 23.5 0.0 23.5 23.5 Commercial 88% 20.7 10 C10. PLU - Commercial 0.0 0.0 14.3 14.3 Commercial 88% 12.6 11 C11. PLU - Commercial 3.9 0.0 3.9 3.9 Commercial 88% 3.5 12 I01. PLU - Light Industrial 47.9 0.0 47.9 47.9 Industrial - Light 81% 38.8 13 I02. PLU - Light Industrial 6.0 0.0 6.0 6.0 Industrial - Light 81% 4.9 14 I03. PLU - Light Industrial 0.0 1.6 0.0 1.6 Industrial - Light 81% 1.3 15 I04. PLU - Light Industrial 3.2 0.0 3.2 3.2 Industrial - Light 81% 2.6 16 RHD1. PLU - Res High
Density 0.0 5.9 0.0 5.9 Res. High D. (24du/acre) 74% 4.4 17 RHD1. PLU - Res High
Density 6.7 0.0 6.7 6.7 Res. High D. (24du/acre) 74% 4.9 18 R01. PLU - Res Med Density 28.3 0.0 28.3 28.3 Res. Medium D. (15du/acre) 66% 18.7 19 R02. PLU - Res Med Density 0.0 1.7 0.0 1.7 Res. Medium D. (15du/acre) 66% 1.1 20 R03. PLU - Res Med Density 94.8 0.0 92.4 94.8 Res. Medium D. (15du/acre) 66% 62.6 21 R04. PLU - Res Med Density 1.3 0.0 0.0 1.3 Res. Medium D. (15du/acre) 66% 0.9 22 R05. PLU - Res Med Density 0.6 0.0 0.0 0.6 Res. Medium D. (15du/acre) 66% 0.4 23 R06. PLU - Res Med Density 2.5 0.0 2.5 2.5 Res. Medium D. (15du/acre) 66% 1.6 24 R07. PLU - Res Med Density 0.0 0.0 1.8 1.8 Res. Medium D. (15du/acre) 66% 1.2 25 R08. PLU - Res Med Density 1.8 0.0 1.8 1.8 Res. Medium D. (15du/acre) 66% 1.2 26 R09. PLU - Res Med Density 38.4 0.0 38.4 38.4 Res. Medium D. (15du/acre) 66% 25.3 27 R10. PLU - Res Med Density 6.8 0.0 0.0 6.8 Res. Medium D. (15du/acre) 66% 4.5 28 R11. PLU - Res Med Density 8.1 0.0 8.1 8.1 Res. Medium D. (15du/acre) 66% 5.3 29 R12. PLU - Res Med Density 1.3 0.0 0.0 1.3 Res. Medium D. (15du/acre) 66% 0.8 30 R13. PLU - Res Med Density 2.8 0.0 2.8 2.8 Res. Medium D. (15du/acre) 66% 1.8 31 R14. PLU - Res Med Density 19.8 0.0 19.8 19.8 Res. Medium D. (15du/acre) 66% 13.1 117
1664
CITY OF SAN CLEMENTE 2026
PROJECT DRAINAGE ACRES + IMPERVIOUS SURFACE
32 R15. PLU - Res Med Density 5.0 0.0 5.0 5.0 Res. Medium D. (15du/acre) 66% 3.3 33 R16. PLU - Res Med Density 0.0 0.0 3.0 3.0 Res. Medium D. (15du/acre) 66% 2.0 34 R17. PLU - Res Med Density 2.3 0.0 2.3 2.3 Res. Medium D. (15du/acre) 66% 1.5 35 R18. PLU - Res Med Density 6.6 0.0 6.6 6.6 Res. Medium D. (15du/acre) 66% 4.4 36 R19. PLU - Res Med Density 6.7 0.0 6.7 6.7 Res. Medium D. (15du/acre) 66% 4.4 37 R20. PLU - Res Med Density 26.9 0.0 26.9 26.9 Res. Medium D. (15du/acre) 66% 17.8 38 R21. PLU - Res Med Density 0.0 0.0 4.2 4.2 Res. Medium D. (15du/acre) 66% 2.7 39 22. PLU - Res Med Density 3.8 0.0 3.8 3.8 Res. Medium D. (15du/acre) 66% 2.5 40 R23. PLU - Res Med Density 9.4 0.0 9.4 9.4 Res. Medium D. (15du/acre) 66% 6.2 41 R24. PLU - Res Med Density 1.8 0.0 0.0 1.8 Res. Medium D. (15du/acre) 66% 1.2 42 R25. PLU - Res Med Density 4.1 0.0 4.1 4.1 Res. Medium D. (15du/acre) 66% 2.7 43 R26. PLU - Res Med Density 15.4 0.0 15.4 15.4 Res. Medium D. (15du/acre) 66% 10.2 44 R27. PLU - Res Med Density 0.0 0.0 12.7 12.7 Res. Medium D. (15du/acre) 66% 8.4 45 R28. PLU - Res Med Density 2.6 0.0 0.0 2.6 Res. Medium D. (15du/acre) 66% 1.7 493.0 11.0 512.2 539.9 TOTAL IMPERV ACRES: 400.1
CPS-Mod
Drainage
Acres
GITS
Drainage
Acres
ARS-CL
Drainage
Acres
Total PLU
Acres IMPERVIOUSNESS*: 74.1%
Full Capture Systems= *Source: ISC
TOTAL ACRES: 539.9
PLU TOTAL ACRES:

Total Project Cost:

Cost Per PLU Acre:
504.0
539.9
$734,169
$1,360
118
1665
City of San Clemente
KMZ Files & Drainage
2 1
3 4
119
1666
City of San Clemente
KMZ Files & Drainage
2 1
3 120
1667
H. Vendor and Installer Qualifications
121
1668

CREDENTIALS & QUALIFICATIONS
Background & Experience
G2 Construction started operations in Orange County in 2001 with strong foundations in welding, concrete construction, shop fabrication, and field work. The company began designing, fabricating, and installing catch basin curb opening automatic retractable screens (ARS) and full-capture connector pipe screens (CPS) and other stormwater protection devices for Los Angeles County Department of Public Works (LACDPW) and southern California municipalities in 2002.

Since then, G2 has fabricated and installed tens of thousands of approved catch basin inserts and screen covers on hundreds of stormwater projects in the Orange County and Los Angeles area. G2 offers complete solutions by performing project evaluation and consultation on stormwater devices and then designing, fabricating, and installing highly effective devices to meet and exceed specifications.

G2’s General Credentials
• Orange County Public Works (OCPW) and OCTA M2 Environmental Cleanup Program approved storm water quality devices:
o CPS-Mod™ patented Full Capture System approved by State Waterboard. o GITS™ grated inlet trash screen Full Capture System approved by State Waterboard.
o ARS-CL™ patented automatic retractable screen.
• OCPW ranks G2 Construction as their #1 stormwater device provider (2020 RFP & 2014 RFP). Awarded Master Purchase Agreements covering 2015 - 2025. • Los Angeles County Dept. of Public Works & City of Los Angeles Bureau of Sanitation approved products: ARS-CL™& CPS-Mod™
• Association of Bay Area Governments (ABAG) Approved products (all) • California Contractor Licenses: A (General Contractor), C-8 (Concrete), C60 (Welding) • Orange County Local Small Businss (OCLSB) certified. [see Attached] • Disadvantaged Business Entity (DBE) certified. [see Attached] • Minority Business Entity (MBE) certified. [see Attached] • Small Business Entity (SBE) certified.
122
1669
G2’s Technical Expertise
G2 Construction is at the forefront of the stormwater device industry. G2 has designed and fabricated the most advanced stormwater protection devices to solve the needs of public agencies and private developers. Our advanced methodologies for fabrication and installation have made G2 the industry leader in providing custom-fitted stainless steel catch basin inserts and curb opening screen covers.

G2 has developed a high degree of technical expertise by incorporating all phases (evaluation, consulting, design, fabrication, installation, reporting) of stormwater projects, and learning from hundreds of installed projects over the years. We have become extremely familiar with all the procedures required for success.

Our depth of knowledge and technical experience has been the result of solving many dozens of challenges and constraints of projects over two decades. This includes, among many others, solving for all the various catch basin types and sizes and conditions that we face in the field.

We’ve learned something new from most projects and most clients. Our experiences with cities in Orange County and throughout southern California have been very good for many years.

Because many cities have developed an advanced knowledge of the industry and recognize quality and value, it makes G2’s work more effective, efficient, and valuable.

Fortunately, G2’s strong culture for project management helps us to organize projects effectively and manage diverse teams. This has enabled G2 to have a 100% rate of success for completing projects and within budget.

G2 provides its technical expertise and installation services throughout California and focuses on the Orange County and Los Angeles County regions.

Letters of Reference
G2’s customers provide additional insights into our qualifications. Attached are a few letters of our customer letters of recommendation.
123
1670
zero waste • zero wasted water

BOARD OF PUBLIC WORKS

MEMBERS

VAHID KHORSAND

PRESIDENT

JENNY CHAVEZ

VICE PRESIDENT

JOHN GRANT

PRESIDENT PRO TEMPORE
STEVE S. KANG

COMMISSIONER
FAITH I. MITCHELL

COMMISSIONER

ELYSE MATSON

EXECUTIVE OFFICER

CITY OF LOS ANGELES

CALIFORNIA

KAREN BASS
MAYOR

BUREAU OF SANITATION

BARBARA ROMERO

DIRECTOR AND GENERAL MANAGER
VACANT

CHIEF OPERATING OFFICER

SARAI BHAGA

CHIEF FINANCIAL OFFICER

JULIE ALLEN

NICOLE BERNSON

MAS DOJIRI
ALEXANDER E. HELOU

ROBERT POTTER

ASSISTANT DIRECTORS

HI SANG KIM

ACTING HYPERION EXECUTIVE PLANT MANAGER
–– 1149 SOUTH BROADWAY, 9TH FLOOR
LOS ANGELES, CA 90015
TEL: (213) 485-2210
WWW.LACITYSAN.ORG

AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER
Recyclable and made from recycled waste

February 4, 2025

ELECTRONIC MAIL
To Whom It May Concern:

LETTER OF RECOMMENDATION FOR G2 CONSTRUCTION, INC.

G2 Construction (G2) has designed, fabricated, and installed thousands of their trash capture devices in the City of Los Angeles since the bureau of Sanitation and Environment (LASAN) approved their CPS inserts and ARS curb opening screens in 2013. G2’s devices are very effective at capturing trash, their installations are of high quality, and the company is professional and reliable.

In 2023, LASAN awarded G2 Construction a 10-year $8,000,000 contract to fabricate and install Full Capture Catch Basin Inserts and Curb Opening Screen Covers (G2’s CPS-Mod and ARSCL devices). G2 is one of only two approved vendors that LASAN has found acceptable to provide both the catch basin connector pipe screens (CPS) and automatic retractable screens (ARS) in City of Los Angeles public right-of-way catch basins.

G2’s installation crews are highly skilled and communicate well with inspectors, their work is performed on time and within budget, and their project management has been efficient. Their personnel are very good at providing all required documentation and making the process easy.

The approval of G2 devices by LASAN lead to the installation of their CPS-Mod and ARS-CL devices on important City projects such as:

LA World Airports Roadways (LAWA RUE). 2024
LA Metro Westside Purple Line. 2024
LA Metro Regional Connector Corridor. 2023
LA Metro LAX Corridor Project. 2021
Port of Los Angeles. 2020
Hyperion Treatment Plant Screens. 2016
Branford Dry Well project. 2016
City of LA TMDLS – Machado Lake. 2015-16
LA Metro Exposition Rail Line. 2015
I-405 Widening Project. 2014
124
1671
Letter of Recommendation – G2 Construction
2/6/2025
Page No. 2
I am pleased to offer this letter of recommendation for G2 Construction. Based on our experience with G2 Construction, I can recommend their products and services.

Sincerely,

JONATHAN BALL
Assistant Division Manager
Watershed Protection Division
LA Sanitation and Environment
JJB/jb
c: Marsa Chan, LASAN
125
1672

CITY OF LAGUNA HILLS
24035 El Toro Road •Laguna Hills, California 92653 • (949) 707-2600 • FAX (949) 707-2633 Website: www.LagunaHillsCA.gov
Feb. 3, 2025
Orange County Public Works
Procurement Services
601 North Ross Street
Santa Ana, CA 92701
SUBJECT: City of Laguna Hills – Letter of Recommendation for G2 Construction, Inc.

TRASH AND DEBRIS CAPTURE DEVICES – RFP# 080-2736403-WH
To Whom It May Concern:

The City of Laguna Hills has contracted with G2 Construction (G2) since 2007 to design, fabricate, and install their ARS-CL and CPS-Mod trash and debris screens throughout the City. Between 2012 - 2024, G2 installed 11 annual City projects that won OCTA Environmental Cleanup Program’s Project X grant funds. They have installed over 2,000 ARS screens and 370 CPS devices in our catch basins.

The City continues to select G2 Construction because their devices successfully prevent trash, debris, and vegetation from entering our storm drain system and watershed. The City plans to work with G2 again this year to install our Phase XII OCTA grant.

For each project G2 has provided a simple end-to-end solution that includes field evaluations and measurements of catch basins, custom design and fabrication of their devices, installation, photos, support documentation, and warranty. G2’s work has always been on schedule, on budget, and performed without any problems.

G2 has also assisted the City with an inventory of catch basin devices, and provided information critical to our Project X applications.

I am pleased to offer this letter of recommendation for G2 Construction. The City finds their trash and debris devices to be very effective and of good value, and their installation work to be of high quality. The company has been very professional and dependable in their interactions with the City. We look forward to working with G2 Construction on future projects.

You may contact me with any questions at [email protected] or 949/707-2655.

Sincerely,
Joe Ames, P.E., T.E.

Public Works Director/City Engineer
126
1673
Public Works 910 Calle Negocio San Clemente CA 92673
www.san-clemente.org
City of San Clemente
Engineering Division
Niki Beach, Environmental Programs Analyst
Phone: (949) 361-8354
[email protected]
February 13, 2025
Subject: Trash Capture Device Installations by G2 Construction To Whom It May Concern:

I wholeheartedly recommend G2 Construction, Inc. (G2) following the excellent service they provided in the City of San Clemente’s most recent 2024 contract with them for the installation of trash capture devices on 78 storm water inlets.

The G2 team demonstrated expertise in the products they sell and install, as well as a commitment to delivering projects under budget and on a schedule that minimized both traffic impacts to the public and City staff time. In addition to quality, customized products, G2 provided substantial technical assistance that they have incorporated into their contract pricing. As a project manager new to the world of trash capture devices, I especially appreciated the guidance of G2 in ensuring that the work they so efficiently completed would meet the requirements for the OCTA grant funding that we obtained for the project, and also drive us closer to regulatory compliance with the Statewide Trash Amendments.

To date, G2 has installed trash capture devices on 244 inlets within the City’s jurisdiction. Although I did not oversee the previous phases of trash capture devices, I can attest that the City has had no major maintenance or quality issues with the devices constructed and installed by G2 since they first began working under contract for the City in 2022.

If you have any additional questions about G2’s work for the City, please don’t hesitate to reach out to me.

Sincerely,
Niki Beach
Environmental Programs Analyst
127
1674
City of Mission Viejo
Public Works Department
200 Civic Center • Mission Viejo, California 92691 949/470-3056 http://www.cityofmissionviejo.org
Bob Ruesch
Mayor
Wendy Bucknum
Mayor Pro Tem
Brian Goodell
Councilmember
Trish Kelley
Councilmember
Cynthia Vasquez
Councilmember
January 17, 2025
Subject: G2 Construction
To Whom It May Concern:

G2 Construction has consistently provided quality services for the City of Mission Viejo since 2014 when it first installed Trash and Debris Capture Devices in Mission Viejo’s catch basins.

Since then, the City has contracted with G2 every year to install more G2 devices and will again in 2025.

G2 provides the Full Capture System CPS devices and ARS curb-opening screens the City prefers to prevent pollutants and debris from entering its storm drain systems. G2 is a full-service entity providing everything from field evaluations to custom device design, device fabrication, and installation. G2 is also instrumental in assisting the City with grant funding applications and the preparation of grant reimbursement requests.

G2 Construction is professional, experienced, expedient and reliable. Work is always performed quickly and efficiently and within budget.

They are a pleasure to work with and the City looks forward to many more projects with G2 Construction.

Regards,

MARK CHAGNON
City Of Mission Viejo
Director Of Public Works
128
1675
CITY HALL 211 EIGHTH STREET
SEAL BEACH, CALIFORNIA 90740
(562) 431-2527 • www.sealbeachca.gov
October 23, 2024
Orange County Public Works
Procurement Services
601 N. Ross Street
Santa Ana, CA 92701
SUBJECT: TRASH AND DEBRIS CAPTURE DEVICES – REQUEST FOR PROPOSAL City of Seal Beach – Recommendation Letter
To Whom It May Concern:

This letter of recommendation is in response to Orange County Public Works’ Trash and Debris Capture Devices RFP. In my current capacity as the City of Seal Beach’s Public Works Director, I have had the pleasure of working with G2 Construction, Inc. (G2) for the installation of multiple capture devices.

OCPW’s master agreement in partnership with OCTA’s Environmental Cleanup Program has allowed many local agencies mitigate transportation-related pollutants. Through this, G2 has provided a seamless approach to successful project delivery, which I have no reservations recommending. The following is a recent list of services performed under my purview:
 2023 Seal Beach CPS -Mod (170 systems) + ARS (48 screens)  2020 Seal Beach CPS-Mod (53 systems) + ARS (95 screens)  2019 Seal Beach CPS-Mod (55 systems) + ARS (127 screens) Should you have any questions regarding G2’s performance, please feel free to reach out at (562) 431- 2527, x1322 or [email protected].

Sincerely,
Iris Lee
Director of Public Works
129
1676

CITY OF FULLERTON
_______________________________________________________________________________________________________________________________ Public Works Department – Engineering Division

THE EDUCATION COMMUNITY
303 West Commonwealth Avenue, Fullerton, California 92832-1775 (714) 738-6845 • www.cityoffullerton.com
November 7, 2024
RE: Orange County Transportation Authority Measure M2 Environmental Cleanup Tier 1 Grant Program Fiscal Year 2024-2025
City of Fullerton - Letter of Recommendation
The City of Fullerton (City) has worked with G2 Construction Inc (G2) on every Orange County Transportation Authority Measure M2 Environmental Cleanup Tier 1 Grant the City has applied to since 2014. As the City’s primary contractor for installing the full capture trash and debris devices, G2 has installed approximately 495 full capture trash and debris devices to date within the City.

Over the years, G2 has far exceeded the City’s expectation and proven to be professional and masters of their craft. With each project, G2 continues to provide great service including detailed field reviews, photos and supporting documentation, and continuous communication. Each project is completed on time and within budget.

Furthermore, I am impressed with the service G2 provides and I am pleased to recommend G2 Construction, Inc. The City is looking forward to working with G2 on next year’s Catch Basin Connector Pipe Screen Project.

Feel free reach out to me for any questions by phone 714-738-6886 or by email [email protected].

Sincerely,
Melissa Rendon, P.E.

Civil Engineer
City of Fullerton
Public Works Engineering Department
130
1677
BfilNA@>PARK
DATE:

TO:

FROM:

SUBJECT:

January 30, 2025
Orange County Public Works
Joe Hunt, Senior Management Analyst
Reference for G2 Construction
Department of Public Works
The City of Buena Park has worked with G2 Construction since 2015 to install CPS, ARS, and GITS devices on storm drains throughout the City's public right-of-way. The City has maintained a good working relationship with G2 Construction during that time and our projects have been completed on time and at maximum value to the City. I can recommend G2 Construction for future projects with your or other organizations based on our experiences. We have completed 4 projects with G2 Construction, resulting in over 1,500 screens installed.

Hunt, Senior Management Analyst
[email protected]
6650 Beach Blvd
Buena Park, CA 90622
(714 )562-3685
131
1678
132
1679
133
1680
134
1681
5050 N. Clark Avenue  Lakewood, California 90712  (562) 866-9771 February 6, 2025
Orange County Public Works
Procurement Services
601 North Ross Street
Santa Ana, CA 92701
SUBJECT: G2 Construction, Inc. – Letter of Recommendation To Whom It May Concern:

The City of Lakewood contracted with G2 Construction on three (3) projects to install State Water Board certified CPS-Mod connector pipe screens and GITS grated inlet trash screens.

G2 successfully installed their products in 2016, 2018, and 2023 as part of the City’s FullCapture Catch Basin Insert Program to the satisfaction of the City. G2’s personnel have been very capable, and both projects installed as scheduled.

Our experience with G2 has been very positive, and I can recommend their products and services. Their team has been very professional and responsive to our needs, and they were quick to provide field evaluations of our catch basins and recommendations for our project.

Some of the City’s catch basins were unique and G2 was able to manufacture customized CPSMod devices that allowed us to meet regulations and the City’s water quality objectives.

Please feel free to contact me if you have any additional questions.

Sincerely,
Ms. Konya Vivanti
Environmental Programs Manager
City of Lakewood
5050 Clark Avenue
Lakewood CA, 90712
(562) 866-9771 ext. 2507
[email protected]
135
1682
February 14, 2025
Re: Letter of Recommendation for G2 Construction, Inc.

To Whom It May Concern,
G2 Construction has been awarded 6 contracts by the City of San Marino to install their ARSCL and CPS-Mod Full Capture System devices between 2020 and December 2024. Their projects were all successfully completed on time and within budget. G2’s work has been performed professionally, quickly, and with effective communication of their schedule, project status, and solutions to issues.

The City has been pleased with the quality of their installed devices, and G2’s CPS-Mod connector pipe screen is certified as a trash Full Capture System by the State Water Resources Control Board. Both their CPS and ARS devices are approved by LACDPW and will likely be installed in San Marino’s County-owned catch basins in the future.

G2 Construction’s personnel are easy to work with, and very responsive to the City’s requests.

My experience has been very positive, and the company has delivered on their promises to the City.

Based on our experience with G2 Construction, I can recommend their products and services.

Sincerely,
Amber Shah, P.E.

Parks & Public Works Director/City Engineer
2200 Huntington Drive
San Marino, CA 91108
[email protected]
P: (626) 300-0787
136
1683
March 28, 2024 CUCP# 41740
Metro File #6371
MR. JOHN ALVARADO
G2 Construction, Inc.
1352 East Borchard Ave
Santa Ana, CA 92705-4413
Subject: Disadvantaged Business Enterprise Certification Dear MR. JOHN ALVARADO:

We are pleased to advise you that after careful review of your application and supporting documentation, the Los Angeles County Metropolitan Transportation Authority (Metro) has determined that your firm meets the eligibility standards to be certified as a Disadvantaged Business Enterprise (DBE) as required under the U.S. Department of Transportation (U.S. DOT) Regulation 49 CFR Part 26, as amended. This certification will be recognized by all of the U.S. DOT recipients in California. Your firm will be listed in the California Unified Certification Program (CUCP) database of certified DBEs under the following specific area(s) of expertise that you have identified on the NAICS codes form of the application package:

NAICS 331491: NONFERROUS METAL (EXCEPT COPPER AND ALUMINUM) ROLLING, DRAWING, AND EXTRUDING NAICS 237310: HIGHWAY, STREET, AND BRIDGE CONSTRUCTION
NAICS 332313: PLATE WORK MANUFACTURING
Your DBE certification applies only for the above code(s). You may review your firms information in the CUCP DBE database which can be accessed at the CUCP website at https://californiaucp.dbesystem.com. Any additions and revisions must be submitted to Metro for review and approval.

In order to ensure your continuing DBE status, you are required to submit an annual update along with supporting documentation. If no changes are noted, then your DBE status remains current. If there are changes, Metro will review to determine continued DBE eligibility. Please note, your DBE status remains in effect unless Metro notifies you otherwise.

Also, should any changes occur that could affect your certification status prior to receipt of the annual update, such as changes in your firm's name, business/mailing address, ownership, management or control, or failure to meet the applicable business size standards or personal net worth standard, please notify Metro immediately. Failure to submit forms and/or change of information will be deemed a failure to cooperate under Section 26.109 of the Regulations.

Metro reserves the right to withdraw this certification if at any time it is determined that it was knowingly obtained by false, misleading, or incorrect information. Your DBE certification is subject to review at any time. The firm thereby consents to the examination of its books, records and documents by Metro.

Congratulations, and thank you for your interest in the DBE program. Should you have any questions, please contact us at (213) 922-2600. For information on Metro contracting opportunities, please visit our website at www.metro.net/connect.

Sincerely,
137
1684
March 28, 2024 Metro File #6371
MR. JOHN ALVARADO
G2 Construction, Inc.
1352 East Borchard Ave
Santa Ana, CA 92705-4413
Subject: Small Business Enterprise Certification
Dear MR. JOHN ALVARADO:

NAICS 331491: NONFERROUS METAL (EXCEPT COPPER AND ALUMINUM) ROLLING, DRAWING, AND EXTRUDING NAICS 237310: HIGHWAY, STREET, AND BRIDGE CONSTRUCTION
NAICS 332313: PLATE WORK MANUFACTURING
Your SBE certification is valid for five years from the date of this letter and applies only for the above NAICS code(s). Any additions and revisions must be submitted to Metro for review and approval.

In order to ensure your continuing SBE status, you are required to submit an annual update along with supporting documentation. If no changes are noted, then your SBE status remains current. If there are changes, Metro will review to determine continued SBE eligibility. Please note, your SBE status remains in effect unless Metro notifies you otherwise.

After the five-year certification period, your entire file will be reviewed in order to ascertain continued SBE certification status. You will be notified of the pending SBE status review and any documentation updates necessary prior to the expiration date.

Also, should any changes occur that could affect your certification status prior to receipt of the annual update application, such as changes in your firm's name, business/mailing address, ownership, management or control, or failure to meet the applicable business size standards or personal net worth standard, please notify Metro immediately.

Metro reserves the right to withdraw this certification if at any time it is determined that it was knowingly obtained by false, misleading, or incorrect information. Your SBE certification is subject to review at any time. The firm thereby consents to the examination of its books, records, and documents by Metro.

Congratulations, and thank you for your interest in Metro's SBE Program. Should you have any questions, please contact us at (213) 922-2600. For information on Metro contracting opportunities, please visit our website at www.metro.net/connect.

Sincerely,
Ramon Ortiz
Director, Certification & Economic Development
138
1685
OCLSB CERTIFICATE EXPIRATION DATE: 10/31/2026
CERTIFICATE ID: 2017839
LEGAL COMPANY NAME: G2 Construction Inc
DOING BUSINESS AS (DBA) NAME 1:

DOING BUSINESS AS (DBA) NAME 2: G2 CONSTRUCTION INC
COMPANY HEADQUARTERS ADDRESS: 1352 East Borchard Ave.

Santa Ana, CA 92705
COMPANY PHONE NUMBER: 714/748-4242
COMPANY EMAIL: [email protected]
COMPANY FAX NUMBER:

COMPANY WEB ADDRESS www.g2construction.com
SERVICE AREA Orange
CONGRATULATIONS – Print and Save your OCLSB Certificate! Your business is now certified and ready to compete in a County competitive solicitation process as an Orange County Local Small Business.

THE COMPANY LISTED ON THIS CERTIFICATE MEETS THE

COUNTY OF ORANGE CERTIFICATION REQUIREMENTS AS AN
OCLSB
Click here to get help
714-748-4244
G2 Construction, Inc.
139
1686
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: May 19, 2026 Agenda Item: 11J.

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

CONSIDERATION OF A RESOLUTION APPROVING AND AUTHORIZING THE CITY

MANAGER TO EXECUTE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C-9-1723 AND AMENDMENT NO. 4 TO COOPERATIVE AGREEMENT NO. C-6-1301 TO RECEIVE AMENDED GRANT FUNDING FOR THE SC RIDES PROGRAM UNDER THE 2016 PROJECT V GRANT ..body Summary:

The City receives grant funding through the Orange County Transportation Authority (OCTA) Project V Grant to support SC Rides, a transportation program to address the loss of two local bus routes. There were two gap years (FY 23/24 and FY 24/25) where the City did not originally have grant funding for the program. City staff requested and received agreement from OCTA to reimburse the City for the costs of these two years of gap funding. To formalize that agreement, approval of Resolution No. 26-92 to authorize the City Manager to execute OCTA’s Amendment No. 1 (Attachment No. 2) to Cooperative Agreement No. C-9-1723 and Amendment No. 4 (Attachment No. 3) to Cooperative Agreement No. C-6-1301 between OCTA and the City of San Clemente for the SC Rides Program under the 2016 Project V Grant is necessary.

Background:

In 2016, the City Council approved an agreement with Lyft to implement a pilot on-demand transportation service titled “SC Rides,” designed to mitigate the loss of the former local bus routes 191 and 193, which OCTA cancelled. San Clemente was awarded the Project V grant program from OCTA, which provides riders with daily discounted rides within a 0.25-mile radius of the original 191 and 193 bus routes.

SC Rides Program - On November 16, 2016, OCTA and the City entered into Cooperative Agreement No. C-6-1301 for the City’s SC Rides Program under the 2016 Project V Grant. That agreement provided the City with $1,016,001 in funding from FY 2016/17 through FY 2022/23, with OCTA contributing 90% and the City providing a 10% local match.

SC Rides Companion ADA Program - On December 18, 2018, OCTA and the City entered into Cooperative Agreement No. C-9-17231 for the City’s SC Rides companion ADA Program under the 2016 Project V Grant. That agreement provided the City with $642,855 in funding from FY 2018/19 through FY 2022/23, with OCTA funding 100% of eligible costs.

OCTA’s next grant cycle was initiated in 2024 through the new Project V 2024 Grant. This new grant did not allow programs to begin until July 1, 2025, creating a two-year funding gap for both 1687
Meeting Date: May 19, 2026 Agenda Item: 11J.

CITY OF SAN CLEMENTE 2
programs. To maintain program funding, staff requested and received OCTA’s agreement to provide the two years of gap funding (see attached Amendments 1 & 4).

The SC Rides program costs were $366,110.56 and $278,825.37 for FY 23/24 and FY 24/25, respectively. In accordance with the proposed amendments, OCTA will reimburse the City for 90% of this funding, or $580,442.33. The SC Rides Companion ADA program costs were $13,454 and $20,939 for FY 23/24 and FY 24/25, respectively. In accordance with the proposed amendments, OCTA will reimbursing 100% of those costs. That will bring the total reimbursement from OCTA to $614,835.33 for both programs over the two-year gap period.

Discussion:

The two proposed Amendments include the following changes:
 $580,442.33 in additional grant funding for SC Rides (Lyft) for FY 23/24 through FY 24/25, reimbursed at 90%
 $34,393 in additional grant funding for the SC Rides ADA Program (Butterfli) for FY 23/24 through FY 24/25, reimbursed at 100%
 A two-year contract extension through June 30, 2025, to close out the 2016 Project V program
Beginning June 30, 2025, the SC Rides Program will be funded through the Project V 2024 Grant, which provides grant funding through FY 30/31.

Considerations Identified by Staff:

Implementing the proposed amendments will allow reimbursement of $614,835.33 to the Local Transit Program Fund for the SC Rides Program and the SC Rides ADA Program for FY 23/24 and FY 24/25. All affiliated expenses were paid out of this fund in its respective fiscal year.

If the City chooses not to execute the proposed amendments, it would forfeit $614,835.33 in reimbursement for the SC Rides and SC Rides ADA programs for FY 23/24 and FY 24/25.

Council Options:
 Adopt Resolution No. 26-92 (Attachment 1), authorizing the City Manager to execute Amendment No. 1 to Cooperative Agreement No. C-9-1723 and Amendment No. 4 to Cooperative Agreement No. C-6-1301.
 Modify and adopt Resolution No. 26-92.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 26-92.
1688
Meeting Date: May 19, 2026 Agenda Item: 11J.

CITY OF SAN CLEMENTE 3
Environmental Review/Analysis:

This project was previously 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.

There is no direct or foreseeable indirect substantial impact on the environment.

Fiscal Impact:

The amendments will reimburse the SC Rides Program funding that was appropriated in the FY 23/24 and FY 24/25 budgets. Although final invoices have not yet been generated, the City is anticipating receiving $614,835.33 in reimbursement to the Local Transit Program Fund.

Potential Action(s):
..recommendation
If the City Council concurs with the contents of the staff report and would like the City to be reimbursed for the SC Rides expenses, it would be appropriate to adopt Resolution No. 26-92, which will:..recommendati on

1. Approve and authorize the City Manager to execute Amendment No. 4 to Cooperative Agreement No. C-6-1301;

2. Approve and authorize the City Manager to execute Amendment No. 1 to Cooperative Agreement No. C-9-1723; and

3. Accept two years of gap-year grant revenue funding from OCTA in an estimated amount up to $614,835.33 for the SC Rides Program and SC Rides ADA Program for FY 23/24 through 24/25.
..end
Attachment:

1. Resolution No. 26-92

2. Amendment No. 1 to Cooperative Agreement No. C-9-1723

3. Amendment No. 4 to Cooperative Agreement No. C-6-1301 Notification:

None.
1689
Attachment 1
4860-5047-5367 v1
RESOLUTION NO. 26-92

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING AND

AUTHORIZING THE CITY MANAGER TO EXECUTE OCTA
AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT
NO. C-9-1723 AND AMENDMENT NO. 4 TO
COOPERATIVE AGREEMENT NO. C-6-1301 FOR THE SC
RIDES PROGRAM UNDER THE 2016 PROJECT V GRANT
WHEREAS, the Community-Based Transit/Circulators program (Project V) establishes a competitive process to enable local jurisdictions to develop communitybased local transit services that complement regional transit services and meet needs in areas not adequately serviced by regional transit; and
WHEREAS, the Orange County Transportation Authority (OCTA) intends to allocate Project V funds within the incorporated cities and the County; and WHEREAS, OCTA has established the procedures and criteria for reviewing applications as identified in the Project V Guidelines; and WHEREAS, the original Project V Grant resulted in a two-year gap of funding during Fiscal Year 23/24 and Fiscal Year 24/25; and
WHEREAS, OCTA has prepared and indicated that it will seek approval of Amendment No. 1 to Cooperative Agreement No. C-9-1723 and Amendment No. 4 to Cooperative Agreement No. C-6-1301 between OCTA and the City of San Clemente for reimbursement of Program costs during Fiscal Year 23/24 and Fiscal Year 24/25 of the SC Rides Program under the 2016 Project V Grant; and
WHEREAS, the City of San Clemente will provide matching funds for the project as required by the Project V Guidelines and shall fund its share of the project costs and any additional costs over the identified programmed amount.

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 OCTA’s Amendment No. 4 to Cooperative Agreement No. C-6- 1301 between OCTA and the City of San Clemente for the SC Rides Program under the 2016 Project V Grant is hereby approved. The City Manager is authorized and directed to execute such amendment in a form substantially similar to that presented to the City Council on May 19, 2026. The City Manager is further authorized and directed to negotiate, finalize and execute any revisions to such amendment required by OCTA that 1690
Resolution No. 26-92 Page 2
are advisable after consultation with the City Attorney.

SECTION 3. That OCTA’s Amendment No. 1 to Cooperative Agreement No. C-9- 1723 between OCTA and the City of San Clemente for the SC Rides Program under the 2016 Project V Grant is hereby approved. The City Manager is authorized and directed to execute such amendment in a form substantially similar to that presented to the City Council on May 19, 2026. The City Manager is further authorized and directed to negotiate, finalize and execute any revisions to such amendment required by OCTA that are advisable after consultation with the City Attorney.

SECTION 4. The City hereby accepts two years of grant revenue funding from OCTA for the SC Rides Program and SC Rides ADA Program for FY 23/24 through 24/25.

SECTION 5. That the City Manager is hereby authorized and directed to take such additional actions and execute such other documents as are necessary and proper to accomplish the purposes of this resolution.

SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of May, 2026.
_________________________
Rick Loeffler, Mayor of the
City of San Clemente, California

ATTEST:
__________________________
CITY CLERK of the City of
San Clemente, California
1691
Resolution No. 26-92 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. 26-92 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of May, 2026, by the following vote:

AYES:

NOES:

ABSENT:

BETWEEN

ORANGE COUNTY TRANSPORTATION AUTHORITY
AND

CITY OF SAN CLEMENTE
FOR

PROJECT V AMERICANS WITH DISABILITIES ACT EQUIVALENT SERVICES This Amendment No. 1 is effective this _______ day of ___________ ___, 202__ (“Effective Date”), by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863-1584, a public corporation of the State of California (hereinafter referred to as "AUTHORITY" or “OCTA”), and the City of San Clemente, 910 Calle Negocio, Suite 100, San Clemente, California 92672, a municipal corporation (hereinafter referred to as "CITY"), each individually known as “PARTY,” and/or collectively known as “PARTIES”.

WITNESSETH :

WHEREAS, by Cooperative Agreement No. C-9-1723 (“AGREEMENT”) dated December 10, 2018, AUTHORITY and CITY entered into a contract for the operating subsidy funds for the Project V Community-Based Transit/Circulator service’s Americans with Disabilities Act (ADA) equivalent services component (Project No. 16-SCLM-CBT-4050), hereinafter referred to as “PROJECT”;
WHEREAS, AUTHORITY’s Board of Directors (Board) authorized funding ADA equivalent services for CITY’s Rideshare Services Program on December 10, 2018 consistent with OCTA’s Project V policy at the time to fund ADA services separately from the competitively awarded project; and
WHEREAS, AUTHORITY’s Board authorized on August 10, 2020, as part of the March 2020 Semi-Annual Review changes to Project V Projects to allow Operations and Maintenance savings to

Page 1 of 5 ends

San Clemente City CouncilMay 19, 2026

San Clemente City Council
May 19, 2026