San Clemente City Council
August 4, 2026

LEGEND:
- Crossing Guard Location
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Prepared in the office of

C I T Y O F S A N C L E M E N T E
Engineering Division
910 CL Negocio, Suite 100
San CLEMENTE, CA 92673
Tel (949) 361-6100
Fax (949) 361-8316

LOCATION MAP
FY 2026/2027
LEGEND:
- Crossing Guard Location
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Over 40 years of experience in providing communities with

PROFESSIONAL SCHOOL CROSSING GUARD SERVICES
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All City Management Services
The Crossing Guard Company
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OPERATIONAL MODEL
Industry-leading scheduling platform
• Centralized Scheduling System Monitoring Coverage at Every Intersection • Real-time Attendance Tracking and Shift Verification • Automated Alerts for Late Arrivals, Absences, and Coverage Gaps • Supervisor Visibility Across all City of San Clemente sites via Real Time Push Notifications
Value to the City of San Clemente • Transparent Accountability • Faster Response Times • Real-Time Operational Visibility • Accurate Billing Technology-Driven Accountability
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Technology-Driven Accountability:

Crossing Guard Scheduling Management
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Technology-Driven Accountability:

Crossing Guard Mobile Application
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Technology-Driven Accountability:

Crossing Guard Mobile Application
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Technology-Driven Accountability:

Real-Time Reporting
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Technology-Driven Accountability:

What does our client see?
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Technology-Driven Accountability:

Interactive Map for Clients
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Technology-Driven Accountability:

Interactive Map for Clients
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Technology-Driven Accountability:

Performance Reporting
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SAFETY, COMPLIANCE & RISK MANAGEMENT
Total Safety Focus • Incident Investigation / Comprehensive Reporting • Injury and Illness Prevention Program • Ongoing Heat Illness Training and Prevention Program
• Regular Supervisor Training with ACMS Safety Manager
Value to the City of San Clemente • Increased value for all stake holders, students and school community. • Reduced Liability • Enhanced Safety for Students. • Full Regulatory Compliance • Peace of Mind for Parents 291

GUARD EVALUATIONS & CONTINUOUS IMPROVEMENT
Professional standards with real accountability
• Ongoing Formal Field Evaluations for Safety Compliance • Performance Scorecards
• Coaching and Corrective Action when needed
• Remedial Training and Refresher Programs
Value to the City of San Clemente • Student Safety • Parent Confidence • Community Trust • Highly Trained, Professional School Crossing Guards 292

RECOGNITION & RETENTION STRATEGY
Stability through engagement and appreciation • Guard Recognition Programs for Exemplary Service • Attendance and Safety Excellence Awards • Peer and Supervisor Nominations • Service Milestones and Tenure Recognition Value to the San Clemente • The City of San Clemente benefits from • Professionally Trained Guards • Strong Morale and Accountability Culture • Long-Term Program Stability 293

RECOGNITION & RETENTION STRATEGY
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Commitment to Excellence
All City Management Services does not only meet contract requirements, we take pride in exceeding expectations through the use of technology, as well as a dedicated approach to accountability, training, and a culture of safety.

Serving the City of San Clemente would allow us to partner in an effort to enhance safety for your students and school community. 295
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: August 4, 2026 Agenda Item: 11E.

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

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO

ASAD HOLDINGS, LLC DBA ORANGEBLUE GENERAL CONTRACTORS FOR THE VICTORIA SIDEWALK STABILIZATION AND SAFETY MAINTENANCE PROJECT NO. 17355,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT IN AN AMOUNT NOT TO EXCEED $169,644, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ..body ENVIRONMENTAL QUALITY ACT
Summary:

The City Council is being asked to consider adoption of a Resolution (Attachment 1) awarding a construction contract to Asad Holdings, LLC dba OrangeBlue General Contractors (OrangeBlue General Contractors), in an amount not to exceed $169,644 (Attachment 2) for the Victoria Sidewalk Stabilization and Safety Maintenance Project No. 17355, located on Avenida Victoria in front of the Pier (Attachment 3). The maintenance project will expand the existing sidewalk by an additional six to eight feet at the San Clemente Pier Trolley Stop on Avenida Victoria enhancing pedestrian safety and sidewalk use for Trolley patrons, while stabilizing the existing sidewalk.

Existing Sidewalk Proposed Improvements
296
Meeting Date: August 4, 2026 Agenda Item: 11E.

CITY OF SAN CLEMENTE 2
Background:

City staff presented the Victoria Sidewalk Stabilization and Safety Maintenance Project to the Beaches, Parks and Recreation Commission (Commission) on June 23, 2026, seeking comments and recommendations on the conceptual design. The Commission made a motion after discussing the project to refer the item back to the Design Review Subcommittee (DRSC) for further review, with a focus on landscaping and shade improvements. Previous renditions of the project were reviewed by DRSC and the minutes indicate they requested an additional review of the final project design. However, the Beaches, Parks and Recreation Commission lacks the authority to refer matters to DRSC. Therefore, City staff seeks direction on whether to refer the scaled back maintenance project to the DRSC prior to the award of a construction contract by the City Council.

The objective of the Victoria Sidewalk Stabilization and Safety Maintenance Project is to alleviate congestion at the heavily visited San Clemente Pier Trolley Stop along Avenida Victoria. During peak visitor periods, the existing sidewalk becomes congested, forcing pedestrians to navigate around Trolley patrons or walk in the road. In order to alleviate the congestion, and to stabilize the existing sidewalk and the slope, staff has created a maintenance project to widen the sidewalk by six to eight feet over an approximately 50-foot-long sloped planter area immediately west of the trolley stop and to install a retaining wall.

The project consists of widening the sidewalk with matching tiles, site grading, installation of a railing, a new tile mural, irrigation, and landscaping. The existing large Coral Tree at the site may remain if that is the City Council's desire. The existing walkways, stairs, curbs, paving, a decorative light pole, and handrails will be protected in place during construction. It is also the project's intent to minimize the impact on the community by maintaining public access to the tunnel via one of the side staircases and temporarily closing only one lane of Avenida Victoria for use by construction equipment.

Depending on the extent of excavation required, some existing improvements or utilities may need to be adjusted or relocated, and these are included in the design work. Those improvements include a restaurant advertising sign supported by multiple timber poles, an underground electrical utility line with a pull box located near the base of the light pole, along with mature plants and an irrigation system.

Along with the sidewalk widening, structural repairs to the underpass will be completed in two phases. The first phase (which is the current proposed project award) involves the sidewalk project and repairs to the tunnel wing walls. The second phase will focus on repairs to the tunnel near the railroad grade. The second phase will require permits from and coordination with the railroad due to the proximity to the tracks.

Upon completion of a bid package for the improvements, staff notified local contractors and advertised the project for competitive bidding on the PlanetBids website and in the SC Times.

Eight bids were received on April 9, 2026, ranging from $169,644 to $617,000. Bids are tabulated in Table 1, Bid Summary below:
297
Meeting Date: August 4, 2026 Agenda Item: 11E.

CITY OF SAN CLEMENTE 3
Table 1. Bid Summary
Company Name Company Location
Base Bid
Amount
OrangeBlue General Contractors Laguna Hills, CA $169,644 Premo Construction Inc Irvine, CA $198,600
GQ Builders, Inc. Rancho Santa Fe, CA $203,880
Prestige Prime Engineering El Cajon, CA $208,725
Oppenheimer National San Juan Capistrano, CA $212,000
Wright Construction Engineering
Corp San Marcos, CA $259,000
GCI Construction, inc. San Clemente, CA $528,000
HZS Engineering Inc. Orange, CA $617,000
Based on the lowest bid from OrangeBlue General Contractors and other construction costs, the total estimated construction cost is summarized in Table 2 below.

Table 2. Cost Summary
Project Management $ 10,000
Construction Management and Inspection $ 40,000
Construction $169,644
Estimated Total Construction Cost $219,644

As required by state law and City policy, the selected contractor must provide performance and payment bonds simultaneously with the execution of the construction contract. Project plans and specifications are on file in the City Clerk’s office.

Considerations Identified by Staff:

The area is quite limited and is heavily utilized by beach visitors, trolley users, and vehicular traffic. The existing sidewalk near the trolley stop becomes congested during peak visitor periods often forcing pedestrians into the adjacent traffic lane and creating safety hazards. The proposed maintenance improvements will address these deficiencies and enhance safety conditions in the area.

Council Options:
 Direct staff to present the maintenance project to the DRSC for review and recommendations or proceed with the project as proposed.
 Adopt Resolution No. 26-128 (Attachment 1), awarding the contract for the project to OrangeBlue General Contractors as the lowest responsible bidder submitting a responsive bid, and finding the project categorically exempt from the California Environmental Quality Act (CEQA) under Sections 15301 and 15303 of the state CEQA Guidelines, Class 1 and Class 3, respectively, and authorizing the City Manager to execute a construction contract in an amount not to exceed $169,644.
298
Meeting Date: August 4, 2026 Agenda Item: 11E.

CITY OF SAN CLEMENTE 4
 Modify and adopt Resolution No. 26-128 for the Victoria Sidewalk Stabilization and Safety Maintenance Project.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 26-128 and put the project on hold.

Environmental Review/Analysis:

This project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 and Class 3 of the State CEQA Guidelines, Sections 15301 and 15303, respectively – Existing Facilities and New Construction or Conversion.

Fiscal Impact:

The estimated total construction cost of $219,644 is within the approved project budget of $450,000, which includes $410,000 from Account No. 011-864-45300-000-17355, Victoria Sidewalk Stabilization and Safety Maintenance Project, Gas Tax RMRA Fund. In addition, the Pier Pride Foundation will contribute up to 25 percent of the actual construction cost, with a minimum contribution of $40,000.

Potential Action(s):
..recommendation
If the City Council concurs with the contents of the staff report, appropriate actions include:

1. Provision of direction to present the project to the DRSC for review and recommendations or proceed with the project as designed.

2. Adoption of Resolution 26-128 and find the Victoria Sidewalk Stabilization and Safety Maintenance Project No. 17355, categorically exempt from the California Environmental Quality Act (CEQA) under Sections 15301 and 15303 of the state CEQA Guidelines, Class 1 and Class 3, respectively (existing facilities and new construction or conversion);

3. Award the Victoria Sidewalk Stabilization and Safety Maintenance Project No. 17355 construction contract to OrangeBlue General Contractors, as the lowest responsible and responsive bidder; and

4. Authorize the City Manager to execute a construction contract with OrangeBlue General Contractors in an amount not to exceed $169,644, in a form substantially similar to Contract No. 26-48.
..end
Attachment:

1. Resolution No. 26-128

2. Construction Contract with OrangeBlue General Contractors (without attachments; attachments on file with the City Engineer)

3. Location Map
Notification:

All Bidders.
299
Attachment 1
RESOLUTION NO. 26-128

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, AWARDING A

CONSTRUCTION CONTRACT TO ASAD HOLDINGS,

LLC DBA ORANGEBLUE GENERAL CONTRACTORS

FOR THE VICTORIA SIDEWALK STABILIZATION AND
SAFETY MAINTENANCE PROJECT NO. 17355,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

CONTRACT IN THE AMOUNT OF NOT TO EXCEED
$169,644, AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT UNDER SECTIONS
15301 AND 15303 OF THE STATE CEQA GUIDELINES,
CLASS 1 AND CLASS 3, RESPECTIVELY (EXISTING

FACILITIES AND NEW CONSTRUCTION OR

CONVERSION)
WHEREAS, the City of San Clemente seeks to address circulation issues at the heavily visited San Clemente Pier Trolley Stop along Avenida Victoria; and WHEREAS, the existing sidewalk is unstable in some areas and becomes congested during peak visitor periods forcing pedestrians into the adjacent traffic lane or to negotiate through the crowded sidewalk; and
WHEREAS, the City has identified the need to widen the sidewalk between six and eight feet over an approximate 50-foot-long sloped planter area located immediately west of the trolley stop to improve accessibility; and
WHEREAS, the project consists of widening the sidewalk with tiles (matching the existing), grading, installation of new railings, a stabilizing wall, construction of a new tile mural, and irrigation, landscape improvements, and improvements to the tunnel; and WHEREAS, City staff presented the Victoria Sidewalk Stabilization and Safety Maintenance Project to the Beaches, Parks and Recreation Commission (Commission) on June 23rd, seeking approval to move forward with construction; and WHEREAS, staff prepared a bid package for the Victoria Sidewalk Stabilization and Safety Maintenance Project, notified local contractors, and advertised the project for competitive bidding on the PlanetBids website and in the SC Times. Eight bids were received on April 9, 2026, ranging from $169,644 to $617,000; and WHEREAS, the lowest responsive and responsible bidder was ASAD Holdings, LLC dba OrangeBlue General Contractors of Laguna Hills, California, with a total bid amount of $169,644.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
300
Resolution No. 26-128 Page 2
SECTION 1. The above recitals are considered findings by the City Council and fully incorporated into the body of this resolution.

SECTION 2. Based on a review of the record as a whole, the Victoria Sidewalk Stabilization and Safety Maintenance Project No. 17355, is hereby determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Sections 15301 and 15303 of the state CEQA Guidelines, Class 1 and Class 3, respectively (existing facilities and new construction or conversion).

SECTION 3. The Victoria Sidewalk Stabilization and Safety Maintenance Project No. 17355 construction contract is hereby awarded to ASAD Holdings, LLC dba OrangeBlue General Contractors, as the lowest responsible and responsive bidder.

SECTION 4. The City Manager is hereby authorized and directed to execute a construction contract with ASAD Holdings, LLC, dba OrangeBlue General Contractors in an amount not to exceed $169,644 in a form substantially similar to the contract presented to the City Council on August 4, 2026.

SECTION 5. The City Manager or his designee is hereby authorized and directed to take such additional and further actions as are necessary and proper to accomplish the purposes of this resolution and implement the project.

SECTION 6. That the City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, Mayor of the City of San Clemente, California San Clemente, California
301
Resolution No. 26-128 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. 26-128 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
302
Attachment 2
1 SECTION 00500
Contract
THIS CONTRACT is made this _____ day of _________, 2026, in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, and ASAD Holdings LLC dba OrangeBlue General Contractors, located at 27071 Cabot Road, Suite 108, Laguna Hills, CA 92653, hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:

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

Victoria Sidewalk Stabilization and Safety Maintenance PN-17355 The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the dates stated in City’s Notice to Proceeds. The Contractor shall complete all Work required by the Contract Documents within 40 working days from the commencement date stated in the Notice to Proceed.

By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract and the Work, which includes everything that is reasonably foreseeable related thereto, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Hundred Sixty-Nine Thousand Six Hundred Fourth Four Dollars ($169,644). Payment shall be made as set forth in the General Conditions.

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

ARTICLE 4. LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of $500 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event that Liquidated Damages are not paid, the Contractor agrees City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

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

Contract
Notice Inviting Bids
Instructions to Bidders
303
2 Bid Form
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Non-Collusion Declaration Form
Contractor Information and Experience Form
List of Subcontractors Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

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

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

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

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

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
304
3 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
ASAD Holdings LLC dba OrangeBlue
General Contractors
(“CONTRACTOR”)
By:_____________________________
Arman Tehrani, Manager/Member
Dated: __________________, ______

END OF CONTRACT
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VICTORIA SIDEWALK WIDENING
P.N. 14194
306
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: August 4, 2026 Agenda Item: 11F.

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

CONSIDERATION OF A RESOLUTION AWARDING A MAINTENANCE SERVICES CONTRACT TO BPR, INC. FOR THE SIDEWALK REPAIR AND MAINTENANCE SERVICES, CIP PROJECT NO. 27311, IN AN AMOUNT NOT TO EXCEED $220,000, AUTHORIZING THE

CITY MANAGER TO EXECUTE THE CONTRACT, AND FINDING THE PROJECT CATEGORICALLY ..body EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Summary:

The City Council is being asked to consider adoption of a Resolution (Attachment 1) to award and authorize the execution of a one-year Maintenance Services Contract with BPR Inc., in an amount not to exceed $220,000, for Sidewalk Repair and Maintenance Services (Attachment 2).

Background:

The City of San Clemente maintains over 150 miles of concrete sidewalks. Sidewalk repair and assessment services are essential for complying with ADA requirements and protecting pedestrians. In the previous fiscal year Sidewalk Maintenance Services project, 60.68 miles of inspection and 2,161 locations of trip hazard repairs were completed with $200,000 in funding.

Sidewalk Repair and Maintenance Services include removing up to 2 inches of vertical displacement in sidewalks to maintain 1:12 slopes and meet ADA guidelines, and providing GIS data that integrates with the City’s GIS system to record repairs for future sidewalk maintenance needs.

Before Sidewalk Repair After Sidewalk Repair
307
Meeting Date: August 4, 2026 Agenda Item: 11F.

CITY OF SAN CLEMENTE 2
Discussion:

City staff prepared a Request for Proposals (RFP) for a Sidewalk Repair and Maintenance project, researched potential local contractors, and solicited proposals on PlanetBids. On May 7th, 2026, the City received four proposals from qualified professionals: BPR, Inc., Universal Concrete Grinding, LLC, Southern California Precision Concrete Inc. dba Precision Concrete Cutting, and Greek Concrete, Inc. Greek Concrete, Inc. failed to submit their proposal in accordance with the RFP; therefore, Greek Concrete, Inc. was deemed non-responsive.

The three remaining proposals were evaluated by City staff with knowledge of sidewalk triphazard removal procedures and a data collection system compatible with the City’s GIS, in accordance with the City’s Procurement Policy and Procedure, Section IX, SELECTION OF GENERAL SERVICE CONSULTANTS AND CONTRACTORS. Universal Concrete Grinding proposed the lowest unit cost; however, their approach and methodology, environmental considerations such as dust containment, work plan, project lead organization, and staffing led them to a low ranking under the RFP ranking criteria. BPR, Inc. and Precision Concrete Cutting proposals both demonstrated experience and qualifications satisfactory to the City’s needs based on overall responsiveness to the criteria provided in the RFP. Staff recommends BPR, Inc. as the qualified and competent professional sidewalk maintenance services contractor, consistent with the qualities and services the City of San Clemente is seeking, at a fair and reasonable price.

Table 1. RFP Proposal Fee Schedule
Service Provider Trip Hazard Removal (inchfoot)Survey (Per Mile) Universal Concrete Grinding $27.35 $250.00
BPR, Inc $38.75 $525.00
Precision Concrete Cutting $47.33 $720.00
Table 2. Expenditure Summary
Project Management and Inspection $15,000
Staff GIS Coordination $10,000
Trip Hazard Removal & Assessment Services (Not to exceed) $220,000 Total Maintenance Project Cost $245,000
As required by state law and City policy, BPR Inc. must provide performance and payment bonds upon execution of the construction contract (Attachment 2).

Considerations Identified by Staff:

By awarding a Sidewalk Maintenance Services Contract to BPR Inc., the contractor will provide professional trip-hazard remediation, inspection, and documentation to detect potential trip hazards and protect pedestrians.

If the City chooses not to award sidewalk maintenance services, vertical displacement on the sidewalk will progress, and trip hazards will increase, leading to the full replacement of the sidewalk at higher costs and an increased risk to pedestrians. 308
Meeting Date: August 4, 2026 Agenda Item: 11F.

CITY OF SAN CLEMENTE 3
Council Options:
 Adopt Resolution No. 26-129 (Attachment 1), awarding the Sidewalk Repair and Maintenance Services contract to BPR, Inc., authorizing the City Manager to execute a construction contract in an amount not to exceed $220,000, and finding the project categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.
 Modify and adopt Resolution No. 26-129.
 Continue the item and direct staff to provide additional information.  Do not award the Sidewalk Maintenance Services Contract to BPR, Inc. for the Sidewalk Repair and Maintenance Services project and provide staff with specific direction regarding alternative sidewalk maintenance.

Environmental Review/Analysis:

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

Fiscal Impact:

The total Sidewalk Maintenance Services Contract cost is $220,000, which is within the approved Sidewalk Maintenance Services budget from the General Fund, $150,000 from Account No. 001- 416-45710-000-27311 and $95,000 from Account No. 001-416-45710-000-26305.

Potential Action(s):
..recommendation
If the City Council concurs with the contents of the staff report, appropriate action includes adoption of Resolution No. 26-129, which would:
..recommendation

1. Find the Sidewalk Repair and Maintenance Services, CIP Project No. 27311, categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines;

2. Award the Sidewalk Repair and Maintenance Services, CIP Project No. 27311, contract to BPR, Inc.; and

3. Authorize the City Manager to execute a contract with BPR, Inc. in an amount not to exceed $220,000, Contract No. C26-49 (Attachment 2).
..end
Attachment:

1. Resolution No. 26-129

2. Contract No. C26-49
309
Meeting Date: August 4, 2026 Agenda Item: 11F.

CITY OF SAN CLEMENTE 4
Notification:

All bidders.
310
Attachment 1
RESOLUTION NO. 26-129

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A
MAINTENANCE SERVICES CONTRACT TO BPR, INC. FOR

PROFESSIONAL SIDEWALK TRIP HAZARD REMOVAL
AND ASSESSMENT SERVICES, CIP PROJECT NO. 27311
IN AN AMOUNT NOT TO EXCEED $220,000,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

CONTRACT AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA

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

THE STATE CEQA GUIDELINES
WHEREAS, sidewalk repair and maintenance services are needed to address sidewalk trip hazards throughout the City of San Clemente; and WHEREAS, staff prepared a request for proposals for the Sidewalk Repair and Maintenance Services, Project No. 27311 (Maintenance Services) in compliance with Section IX of the City’s Procurement Policy and Procedure on the Selection of General Service Consultants and Contractors; and
WHEREAS, on May 7, 2026, the City received four proposals from BPR, Inc., Universal Concrete Grinding, LLC, and Southern California Precision Concrete, Inc. dba Precision Concrete Cutting, and Greek Concrete, Inc.; and WHEREAS, the proposal submitted by Greek Concrete, Inc. was non-responsive; and
WHEREAS, staff carefully evaluated and reviewed four submissions and determined that BPR, Inc. is the most qualified and competent sidewalk maintenance services contractor and their fee is fair and reasonable.

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

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

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

SECTION 3. That the Maintenance Services Contract Agreement for the Sidewalk 311
Resolution No. 26-129 Page 2
Repair and Maintenance Services, Project No. 27311, is hereby awarded to BPR, Inc.

SECTION 4. That the City Manager is authorized and directed to execute a maintenance services contract for the Sidewalk Repair and Maintenance Services, Project No. 27311, with BPR, Inc. in an amount not to exceed $220,000 in a form substantially similar to that presented to City Council on August 4, 2026.

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

PASSED AND ADOPTED this _____ day of August, 2026.

ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, Mayor of the City of San Clemente, California San Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 26-129 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of August, 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
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Attachment 2

CITY OF SAN CLEMENTE

AGREEMENT FOR MAINTENANCE SERVICES

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, located at 910 Calle Negocio, San Clemente 92673 (“City”) and BPR INC., a California corporation, with its principal place of business at 461 Las Palomas Dr, Port Hueneme, CA 93041 (“Contractor”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties” in this contract.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain sidewalk trip hazard removal, assessment and maintenance services required by the City on the terms and conditions set forth in this Agreement and the Contract Documents, Plans, and Specifications for City of San Clemente - Request for Proposal, Sidewalk Repair and Maintenance Program dated April 16
th, 2026, which are hereby incorporated as though fully set forth herein. The contract Documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Bid, together with this Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying or extending the work contemplated as may be required to ensure its completion in an acceptable manner. Contractor represents that it is experienced in providing sidewalk trip hazard removal, sidewalk assessment services, and maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that it is familiar with the plans of City.

2.2 Project.

City desires to engage Contractor to render such services for the Sidewalk Repair and Maintenance Program (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the maintenance 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 June 16, 2026 to June 15, 2027, or until the Services are completed to the City’s satisfaction, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 313
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3.2 Responsibilities of Contractor.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees or agents, except as set forth in this Agreement. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

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

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

3.2.4 City’s Representative. The City hereby designates Masako Hennequin, Senior Civil 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 Contractor but not the authority to enlarge the Scope of Work or change the total compensation due to Contractor under this Agreement. The City’s City Manager shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Scope of Work or change the Contractor’s total compensation, subject to the provisions contained in Section 3.3 of this Agreement. Contractor shall not accept direction or orders from any person other than the City Manager, City’s Representative or his/her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates Pat Rifley, Principal/Project Manager, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
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3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, Contractors and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors and/or professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the discipline necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them.

Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

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

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

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

3.2.10 Labor

3.2.10.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of 315
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Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.2.10.2 Registration. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code sections 1725.5 and 1771.1, effective March 1, 2015, Contractor and all subcontractors must be registered with the Department of Industrial Relations (“DIR”). Contractor shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to work performed on a maintenance project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1.

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

3.2.12 Bonds.

3.2.12.1 Performance Bond. If specifically requested by City in Exhibit “D” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-toexceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “D” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.12.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written 316
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notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.2.13 Water Quality Management and Compliance.

3.2.13.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.2.13.2 Compliance with Water Quality Laws, Ordinances and Regulations. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. These include, but are not limited to, San Diego Regional Water Quality Control Board Order No. R9-2013-0001 as amended by Order Nos. R9-2015-0001 and R9-2015-0100. Contractor shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs.

3.2.13.3 Compliance with Local Water Quality Requirements. In addition to compliance with the laws, ordinances and regulations listed in paragraph 3.2.13.2, Contractor shall comply with all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”), the City of San Clemente Water Quality Improvement Plan (“WQIP”), the City of San Clemente Jurisdictional Urban Runoff Management Plan (“JURMP”), and the applicable Water Quality Management Plan (“WQMP”). These documents contain Model Maintenance Procedures with Best Management Practices (“BMPs”). These Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, stormwater runoff, and receiving water quality. 317
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Contractor shall be familiar with these documents and shall comply with the requirements as specified therein.

A copy of the DAMP is available on the internet at:
www.ocwatersheds.com
A copy of the San Clemente WQIP and JURMP is available on the internet at:
www.sccleanocean.org.

The City will provide a copy of any applicable project WQMP.

3.2.13.4 Standard of Care. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding the requirements of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement as they may relate to the Services.

3.2.13.5 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.2.13.2 and 3.2.13.3 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed in Sections 3.2.13.2 and

3.2.13.3 of this Agreement arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Contractor for
delay in completing the Services caused by Contractor’s failure to comply with the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement, or any other relevant water quality law, regulation, or policy.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “E” attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred Twenty Thousand Dollars ($220,000) without prior written approval of the City’s City Council or the City Manager, as applicable. Extra Work may be previously 318
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authorized in writing, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized invoice which indicates work completed and hours of Services rendered by Contractor.

The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Contractor’s fees, the City shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless previously authorized in writing by City.

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

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

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

3.4 Accounting Records.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor 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 Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance 319
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of Services under this Agreement. Contractor shall be required to provide such documents 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:

Contractor: BPR INC.
461 Las Palomas Dr.

Port Hueneme, CA 93041
ATTN: Pat Rifley, Principal / Project Manager
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Laura Campagnolo, City Clerk and
Masako Hennequin, Senior Civil 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 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.

3.5.4 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.

3.5.5 State License Board Notice. Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

3.5.6 Indemnification. To the fullest extent allowable by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including 320
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without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers.

Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

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

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

3.5.14 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, 321
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privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

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

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

3.5.18 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this 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. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.20 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance 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. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.22 Counterparts/Electronic Signatures. This Agreement may be signed in counterparts, each of which shall constitute an original. This Agreement may be signed with the same force and effect as original ink signatures.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST: Dated: __________________, 20____
____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization

BPR INC.,
a California corporation
(“CONTRACTOR”)
By:_____________________________
Bryan Rifley Jr., CEO, Secretary, CFO
Dated: __________________, 20____

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EXHIBIT “A”

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

Pre-Project:
 Initial kick-off meeting: Contractor shall meet with City staff to go over project objectives, expectations, and review project locations.  GIS Integration preparation: Contractor shall verify data requirements for ESRI Shapefile / Geodatabase formats for eventual incorporation into City GIS.  Project Scheduling: Contractor shall develop a detailed schedule of inspection and maintenance activities with priority given to high-traffic or high-risk areas.

Location and Identification:
 Contractor shall systematically survey predetermined areas and adjacent sidewalks to identify all vertical displacements ranging from 1/2” to 2”.  Contractor shall identify and flag any offsets exceeding 2” for alternative solutions, documenting their locations for future efforts.
 Contractor shall update the City’s GIS system with initial findings for ongoing tracking.

Measure, Document and Photograph:
 Contractor shall utilize measurement tools to record displacement heights to oneeighth of an inch and capture linear footage for each potential hazard.  Contractor shall take pre-maintenance photographs to provide clear evidence of identified trip hazards.
 Contractor shall record GPS coordinates and property details for each location.

Review Data with City Staff:
 Contractor shall deliver a comprehensive inspection report, including GIS data and a priority list of identified hazards.
 Contractor shall collaborate with City staff to determine remediation priorities based on hazard severity, location, and budgetary constraints.

Remediate Hazards:
 Contractor shall apply horizontal slicing method to remove trip hazards while preserving existing sidewalk structure.
 Contractor shall ensure all repairs meet ADA compliance standards, achieving a smooth, uniform surface with a 1:12 slope.
 Contractor shall capture post-maintenance measurements and photographs to document completed work.
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Document Repairs:
 Contractor shall update GIS data with details of completed repairs, including remediation dates, measurements, and photographs.
 Contractor shall provide a complete record of repaired locations for integration into the City’s GIS and asset management systems.

Review and Report:
 Contractor shall attend weekly progress meetings with City staff.  Contractor shall submit bi-Monthly progress reports summarizing work, project progress, and any challenges encountered.
 Contractor shall convene regular meetings and provide and collaborate on presentations with City staff to review progress, discuss findings, and address feedback.

Project Completion and Final Reporting:
 Contractor shall deliver a final executive summary report for all completed work, including a comparison of planned vs achieved outcomes.  Contractor shall provide GIS data detailing all remediated hazards and areas identified for future attention.
 Contractor shall conduct a project review meeting for final deliverables and lessons learned for future maintenance programs.
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EXHIBIT “B”

SCHEDULE OF MAINTENANCE SERVICES
Contractor shall diligently perform the Services to the City’s satisfaction and according to the timeframes for each task as requested by the City.
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EXHIBIT “C”

INSURANCE REQUIREMENTS

1.1 Insurance.

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

1.1.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Contractor, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and not less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (1) a Personal Automobile Liability policy for the Contractor’s own vehicle stipulating “Automobile Liability Insurance with a limit of not less than $1,000,000 each accident”; and (2) a non-owned auto endorsement to the Commercial General Liability policy if Contractor uses vehicles of others (e.g., vehicles of employees).
(C) Workers’ Compensation: Workers’ Compensation
Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.

1.1.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. For all policies of Commercial 327
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General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.

Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers’ Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

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

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

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

1.1.7 Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled 328
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or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

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

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

1.1.10 Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposed no additional obligation on the City nor does it waive any rights hereunder.

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

1.1.12 Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor’s policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents and volunteers as Additional Insureds to the subcontractor’s policies. All policies of Commercial General Liability insurance provided by Contractor’s subcontractors performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Contractor shall not allow any subcontractor to commence work until it has received satisfactory evidence of subcontractor’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City. 329
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EXHIBIT “D”

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of San Clemente (hereinafter referred to as “City”) has awarded to ____________________________________________________, (hereinafter referred to as the “Contractor”) an agreement for ___________________________________________________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, _______________________________________________________, the undersigned Contractor and __________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________________________________________________ DOLLARS and _____________________________ CENTS ($_________________________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including, if provided as part of the Contract Documents, the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the guarantee obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship the above obligation in penal sum thereof shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract Documents, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. 330
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Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract Documents and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents; or (3) Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract Documents and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project and the provisions of Section 2819 and 2845 of the California Civil Code. Without limiting the foregoing, such changes, extensions of time and alterations or additions shall include, but are not limited to, changes or alterations to the Contract Documents (including, without limitation, an increase in the total dollar amount of the Contract Documents), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor. 331
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IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of __________________________, 20___.

CONTRACTOR/PRINCIPAL
(Corporate Seal of Contractor/ _________________________________________ Principal, if a Corporation) Name of Contractor/Principal (Type or Print) By: ___________________________________
Name (Signature)
___________________________________
Name (Type or Print)
___________________________________
Title (Type or Print)
SURETY
(Seal of Surety) _________________________________________ Name of Surety (Type or Print)
By:____________________________________
Attorney-In-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety and ___________________________________________ Agent or Representative for service ___________________________________________ of process in California) ___________________________________________ 332
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.

END OF PERFORMANCE BOND FORM
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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of San Clemente (hereinafter designated as the “City”), by action taken or a resolution passed ___________, 20____ has awarded to ______________________________ ______________________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
____________________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said Contract Documents; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor, the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________________________ as Surety, are held and firmly bound unto the City in the penal sum of _ DOLLARS and
CENTS ($_________________________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract Documents, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract (including the Contract Documents), plans, 334
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specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the Contract Documents, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.

Notwithstanding any other provision of this bond, it is expressly understood, acknowledged and agreed that it shall provide all of the protections required by California Civil Code Sections 9550 through 9566, including the specific coverage protections required by Section 9554.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the _____ day of ______________________ 20______ the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

CONTRACTOR/PRINCIPAL
(Corporate Seal of Contractor/ _________________________________________ Principal, if a Corporation) Name of Contractor/Principal (Type or Print) By: ___________________________________
Name (Signature)
___________________________________
Name (Type or Print)
___________________________________
Title (Type or Print)
SURETY
(Seal of Surety) _________________________________________ Name of Surety (Type or Print)
By:____________________________________
Attorney-In-Fact
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.

END OF PAYMENT BOND FORM
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EXHIBIT “E”

COMPENSATION
In full and complete compensation for the Services provided under this Agreement, City shall pay Contractor according to the schedule set forth below:

Compensation Schedule
Item No. Description Unit Unit Price
1 Trip Hazard Removal (1/4” to 2”) Inch-Foot $38.75
2 Sidewalk Assessment Services Sidewalk Mile $525.00
Total compensation under this Agreement shall not exceed Two Hundred Twenty Thousand Dollars ($220,000) without prior written approval of the City Council or the City Manager, as appliable. There are no reimbursable expenses under this Agreement. 337
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EXHIBIT “F”
WORKER’S COMPENSATION INSURANCE CERTIFICATION

WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKED)
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.

I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract. My workers' compensation insurance carrier and policy number are:

Carrier____________________________________________________ Policy Number______________________________________________ I certify that, in the performance of the work under this Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agree to indemnify, defend, and hold harmless the City of San Clemente and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arising out of my failure to provide such worker’s compensation insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.
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Dated: ________________________, 20____
________________________________
Consultant
By: ________________________________
________________________________
Title
________________________________
Address
339
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: August 4, 2026 Agenda Item: 11G.

Submitted By: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks & Recreation Director; Carrie Swartz, Recreation Supervisor
Subject:
..titl e

CONSIDERATION OF A RESOLUTION ADOPTING A REVISED COMPETITIVE YOUTH AQUATIC SPORTS PARTNERSHIP POLICY NO. 702-9
..body
Summary:

The proposed Youth Aquatic Partnership Policy updates the City's framework for administering partnerships with nonprofit aquatic organizations that provide youth programming at the San Clemente Aquatics Center. The revisions modernize administrative procedures, improve accountability and facility utilization tracking, and provide a more consistent process for partnership eligibility, facility allocation, and billing.

The Beaches, Parks and Recreation Commission reviewed the proposed policy at its June 23, 2026, Special Meeting and unanimously recommended approval to the City Council with two modifications. Both modifications have been incorporated into the policy presented for Council consideration.

Background:

The Recreation Division maintains a Youth Aquatic Partnership Policy to establish eligibility requirements, facility allocation priorities, and discounted facility use opportunities for qualified nonprofit aquatic organizations serving San Clemente youth at the San Clemente Aquatics Center. During the 2025 partnership allocation process, both existing aquatic partner organizations requested exceptions to the policy after neither organization met the established criteria to qualify for Tier I Partnership status. Following public review, the Commission determined that the existing policy no longer adequately reflected the operational realities of the City's aquatic partnership program and unanimously recommended granting Tier I Partnership status to both organizations through policy exceptions for the 2025 allocation period. The City Council approved this exception.

Recognizing the need to evaluate the policy itself rather than continue relying on annual exceptions, the Commission directed that a comprehensive review of the Youth Aquatic Partnership Policy be undertaken. To facilitate this effort, the Commission established a Youth Aquatic Partnership Policy Subcommittee. Over the course of several meetings, the Subcommittee reviewed the existing policy framework. A variety of topics were evaluated including partnership eligibility, residency requirements, facility allocation methodologies, billing practices, participation tracking, and the long-term sustainability of the City's aquatic partnership program.
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Meeting Date: August 4, 2026 Agenda Item: 11G.

CITY OF SAN CLEMENTE 2
Following Subcommittee discussion, staff conducted a comprehensive review of the existing policy and initiated an extensive stakeholder outreach process with both aquatic partner organizations. Through multiple meetings, feedback was received regarding operational challenges, partnership administration, residency thresholds, and participation tracking. This collaborative process resulted in several refinements to the proposed policy and identified opportunities to modernize program administration, improve facility utilization tracking, simplify billing procedures, and enhance accountability while continuing to support organizations that provide valuable recreational and competitive aquatic opportunities for San Clemente youth.

On June 23, 2026, the Beaches, Parks and Recreation Commission conducted a public hearing to consider the proposed policy. Following discussion and public comment, the Commission unanimously recommended approval of the revised policy to the City Council with two modifications, both of which have been incorporated into the policy presented for Council consideration.

Discussion:

The proposed policy reorganizes and clarifies existing partnership requirements while introducing several operational improvements designed to enhance consistency, accountability, and administrative efficiency.

Table 1. Partnership Eligibility Comparison (Tier I Partner) Policy Element Current Policy Proposed Policy
Tier I Resident
Requirement 88% San Clemente residents 78% San Clemente residents Minimum Participation 300 annual participants None
Partnership Discount 60% discount 55% discount
Residency Verification Annual roster submission
All members must obtain a
City-issued swim card and
maintain the appropriate
account status
Billing Methodology Hourly lane rental based on
scheduled lane use
Monthly billing based on
actual participant attendance
Participation Tracking No participant check-in
required
Participant check-in required
through City's recreation
software
Financial Documentation IRS Form 990, annual
budget, tax returns
IRS Form 990, annual
operating budget, year-end
P&L or audited financial
statement
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Meeting Date: August 4, 2026 Agenda Item: 11G.

CITY OF SAN CLEMENTE 3
Table 2. Partnership Fee Comparison, reflected with discounts Current Hourly Model Proposed Per Swimmer
Model
Resident Standard Lane
Rate
$11.20/hour $1.80/swimmer
Resident Expanded Lane
Rate
$24.00/hour $3.86/swimmer
Nonresident Standard Lane
Rate
N/A $4.05/swimmer
Nonresident Expanded
Lane Rate
N/A $8.66/swimmer
Tier I Discount 60% 55%
Billing Basis Hourly lane rental Individual participant attendance
Table 3. Billing Methodology Comparison
Current Policy Proposed Policy
Billing Unit Hourly lane rental Per swimmer, per day
Basis for Charges Number of lanes reserved Actual participant attendance Tracking Method Lane schedule Participant check-in
Billing Frequency Monthly Monthly
Administrative Effort Track lane hours Automated participation reporting
Utilization Data Limited, based on
submissions of each
organization
Individual participant
utilization
Accountability Lane occupancy only Participant-level attendance records
In summary, these key updates include:

A. Transitioning from a primarily lane-based billing methodology to a participation-based billing model utilizing participant check-in through the City's recreation management software.

B. Establishing clearer partnership classifications, eligibility requirements, and annual review procedures.

C. Clarifying facility allocation priorities and participation tracking requirements.

D. Separating operational procedures from policy by incorporating administrative requirements into individual Partnership Agreements.

E. Reorganizing the policy into a more user-friendly format with supporting appendices. 342
Meeting Date: August 4, 2026 Agenda Item: 11G.

CITY OF SAN CLEMENTE 4
Throughout the review process, staff received feedback from both aquatic partner organizations and the Commission Subcommittee. Several revisions were made to the proposed policy in response to the feedback, including refinements to residency requirements, partnership classifications, participation tracking language, enforcement provisions, and administrative procedures.

Commission Recommendation
At the Special Meeting on June 23, 2026, the Beaches, Parks and Recreation Commission recommended approval of the proposed policy with two modifications. The Commission recommended removal of the proposed fourteen (14) day cancellation requirement. In response, the policy was revised to reference the City's existing Aquatic Cancellation Policy rather than establishing a separate cancellation requirement within the Youth Aquatic Partnership Policy.

The Commission also requested clarification of the Standard and Expanded Lane Rental rates contained within the policy appendix. Staff reviewed the City's adopted fee schedule and revised the appendix to ensure consistency with the approved resident and non-resident lane rental rates.

Expanded lane rental rates were recalculated using the City's adopted long-course to shortcourse lane ratio.

Both modifications have been incorporated into the policy presented for City Council consideration.

Considerations Identified by Staff:

The proposed Youth Aquatic Partnership Policy is intended to modernize the City's approach to administering aquatic partnerships while preserving the long-standing relationship between the City and its nonprofit aquatic organizations. The revisions improve administrative efficiency, strengthen accountability, and provide a more transparent framework for allocating public aquatic facilities.

A primary consideration throughout development of the policy was balancing the City's responsibility to prioritize access for San Clemente residents while recognizing the operational realities of youth aquatic organizations. The proposed partnership classifications and residency requirements reflect input received from aquatic partners and the Beaches, Parks and Recreation Commission and represent a balanced approach that supports organizational sustainability while maintaining resident-focused use of public facilities.

The transition to participation-based billing and attendance tracking also provides meaningful operational benefits. Utilizing participant check-in through the City's recreation management software aligns billing with actual facility use, improves utilization reporting, reduces manual administrative processes, and enhances emergency accountability by identifying who is using the facility at any given time.

Because these revisions represent a significant change in how the partnership program is administered, staff suggests implementing the policy as a one-year pilot program. The pilot will allow the City to evaluate participation trends, administrative processes, billing procedures, and overall program effectiveness before determining whether refinements are appropriate. Following 343
Meeting Date: August 4, 2026 Agenda Item: 11G.

CITY OF SAN CLEMENTE 5
the pilot period, staff will return to the Beaches, Parks and Recreation Commission and City Council with findings and any recommended policy modifications.

Council Options:
 Approve the proposed revised aquatic partnership policy and direct staff to implement the policy as a one-year pilot program beginning October 1, 2026.  Approve the policy with modifications.
 Provide alternative direction to staff.
 Take no action.

Environmental Review/Analysis:

The proposed action is not a project under the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines because it involves administrative activities that will not result in a direct or reasonably foreseeable physical change to the environment.

Fiscal Impact:

The proposed policy revisions are not anticipated to create a significant fiscal impact because there are no modifications to the City’s adopted aquatic fee schedule; only changes to the methodology used to administer partnership billing. Staff anticipates that the revised participation tracking and billing methodology will improve the accuracy of facility utilization reporting and cost recovery administration.

Potential Action(s):
..recommendation
If the City Council concurs with the contents of the staff report, the appropriate action would be to adopt Resolution No. 26-130, which will:

1. Approve the revised Competitive Youth Aquatic Sports Partnership Policy No. 702-9

2. Direct staff to implement the policy as a one-year pilot program beginning October 1, 2026, with an evaluation of the program presented to the Beaches, Parks and Recreation Commission and City Council prior to the conclusion of the pilot period. ..end
Attachment:

1. Resolution No. 26-130

2. Proposed Policy No. 702-9, “Competitive Youth Aquatic Sports Partnerships”

3. Beaches, Parks and Recreation Commission Meeting Draft Minutes – June 23, 2026

4. Current Policy No. 702-9
Notification:

Youth Aquatics Partners
344
Attachment 1
RESOLUTION NO. 26-130

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ADOPTING A REVISED

COMPETITIVE YOUTH AQUATIC SPORTS PARTNERSHIP
POLICY NO. 702-9
WHEREAS, the City of San Clemente maintains a Youth Aquatic Partnership Policy to establish eligibility requirements, facility allocation priorities, and partnership benefits for qualified nonprofit aquatic organizations serving San Clemente youth; and WHEREAS, during the 2025 partnership allocation process, the Beaches, Parks and Recreation Commission determined that the existing policy no longer adequately reflected the operational realities of the City's aquatic partnership program and directed that the policy be comprehensively reviewed; and
WHEREAS, the Beaches, Parks and Recreation Commission established a Youth Aquatic Partnership Policy Subcommittee to evaluate the existing policy and identify opportunities to improve partnership administration, facility allocation, participation tracking, and long-term program sustainability; and
WHEREAS, City staff conducted a comprehensive review of the existing policy and engaged the City's aquatic partner organizations through a collaborative stakeholder outreach process to solicit input on the proposed revisions; and WHEREAS, the proposed revisions modernize the administration of the City's aquatic partnership program by improving accountability, enhancing facility utilization tracking, simplifying billing procedures, and clarifying partnership eligibility while continuing to support organizations that provide recreational and competitive aquatic opportunities for San Clemente youth; and
WHEREAS, on June 23, 2026, the Beaches, Parks and Recreation Commission conducted a public review of the proposed Youth Aquatic Partnership Policy and unanimously recommended approval to the City Council with modifications, all of which have been incorporated into the policy presented for City Council consideration; and WHEREAS, the City Council has reviewed the proposed Youth Aquatic Partnership Policy and finds that adoption of the revised policy is in the best interest of the City and will provide a modern, transparent, and equitable framework for administering aquatic partnerships.

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

SECTION 1. The foregoing recitals are true and correct and are incorporated fully herein by this reference.

SECTION 2. The City Council hereby adopts the revised Youth Aquatic 345
Resolution No. 26-130 Page 2
Partnership Policy, attached hereto as Exhibit A and incorporated herein fully by this reference.

SECTION 3. The City Council directs staff to implement the revised Youth Aquatic Partnership Policy as a one-year pilot program beginning October 1, 2026, and to return to the Beaches, Parks and Recreation Commission and City Council with an evaluation of the pilot program and any recommended policy refinements prior to the conclusion of the pilot period.

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

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, Mayor of the City San Clemente, California of San Clemente, California
346
Resolution No. 26-130 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. 26-130 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

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

POLICY AND PROCEDURE
Subject: Competitive Youth Aquatic
Sports Partnerships
Index: Recreational Facilities &
Programs
Number: 702-9
Effective Date: Prepared By: Beaches, Parks &
Recreation Department
Supersedes: 702-9, Effective
10/7/2025
Approved By:

1.0 PURPOSE:

The purpose of this Policy is to establish a framework for Youth Aquatic Partnerships between the City of San Clemente and qualified non-profit aquatic sports organizations. This Policy establishes eligibility requirements, partnership classifications, facility allocation priorities, and fee reduction opportunities for organizations that provide competitive aquatic sports programming to San Clemente youth. The Policy is intended to promote equitable access to municipal aquatic facilities while supporting efficient facility operations and responsible stewardship of public resources.

2.0 ORGANIZATION AFFECTED:

Beaches, Parks & Recreation Department

3.0 REFERENCES:

3.1 San Clemente Municipal Code: Section 12.28.010 Use of Designated City-Owned Facilities

4.0 POLICY:

4.1 The City recognizes the value of competitive youth aquatic sports and may enter into partnerships with qualified non-profit organizations that provide programming benefiting San Clemente residents. Through these partnerships, the City may provide reduced facility use fees, allocation priorities, and other benefits as authorized by this Policy.

4.2 Municipal aquatic facilities are public resources with limited availability.

The City shall allocate facility use in a manner that:
a. Promotes equitable access to aquatic facilities;
b. Prioritizes programs that provide the greatest benefit to San Clemente residents;
Exhibit A
348
c. Supports efficient and responsible use of public facilities; d. Maintains adequate facility availability for City programs, public use, and facility maintenance; and
e. Ensures fair and consistent application of facility use policies.

4.3 Youth Aquatic Partnerships shall be classified as Tier I, Tier II, or Tier III based on the eligibility criteria established in this Policy. Partnership status, facility allocations, and fee reductions are subject to ongoing compliance with all City requirements.

4.4 Due to limited facility availability, only a select number of Youth Aquatic Partnerships will be approved to provide competitive aquatic sports, as determined by the Beaches, Parks and Recreation Commission and the City Council.

4.5 The City reserves the right to establish facility allocation procedures, operational requirements, billing methods, and administrative guidelines necessary to implement and administer this Policy.

5.0 PROCEDURE:

5.1 Youth Aquatic Partnership Agreement

5.1.1 All approved Youth Aquatic Partnership Organizations shall enter into a Youth Aquatic Partnership Agreement with the City.

5.1.2 The Agreement shall incorporate the requirements of this Policy and may establish additional administrative, operational, facility use, billing, reporting, insurance, indemnification, and compliance requirements necessary for implementation of the partnership.

5.1.3 Failure to execute or comply with the Partnership Agreement shall constitute a violation of this Policy and may result in suspension, termination, or non-renewal of partnership status.

5.1.4 The City reserves the right to revise Partnership Agreement requirements as necessary to administer the Youth Aquatic Partnership Program, provided such revisions remain consistent with this Policy.

5.2 Minimum Requirements and Partnership Eligibility
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5.2.1 Organizations seeking Youth Aquatic Partnership status shall meet the minimum eligibility requirements established by the City.

5.2.2 Eligible activities shall be limited to nationally recognized competitive aquatic sports governed by established leagues, associations, or sanctioning bodies, including swimming, water polo, diving, artistic swimming, or other aquatic sports approved by the City.

5.2.3 Organizations shall:
a. Maintain current 501(c)(3) or 501(c)(4) status;
b. Maintain insurance coverage meeting City requirements; c. Maintain organizational policies prohibiting discrimination, alcohol use, and illegal substances;
d. Operate an open enrollment program, subject to age,
safety, and skill requirements;
e. Maintain a scholarship or financial assistance program providing financial relief towards registration fees, at a minimum, for 2% of the total number of annual
participants; and
f. Demonstrate compliance with City policies and facility use requirements.

5.3 Partnership Classification

5.3.1 Organizations shall be classified as Tier I, Tier II, or Tier III based upon residency percentages, participation levels, organizational history, and other criteria established by this Policy. Meeting only one criterion does not guarantee placement in a tier.
a. Percentage of San Clemente residents,
b. Number of consecutive years the organization has rented and operated programming within the City of San
Clemente.

Tier Rental History Resident Participation
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Tier I 5 Years 78%
Tier II 3 Years 70%
Tier III 2 Years 60%

5.3.2 Residency percentages for partnership eligibility, tier classification, and discount qualification shall be determined using actual participant attendance recorded through the City's designated participation tracking system during the evaluation period established by the City.

5.3.3 Annual participant rosters shall be used to verify participant eligibility, organizational composition, and compliance with program requirements.

5.3.4 Organizations shall submit participant rosters in a format approved by the City and shall provide all information reasonably necessary to verify eligibility and residency.

5.3.5 The City reserves the right to audit residency information, participation records, and roster data at any time.

5.3.6 Organizations may not selectively assign participants to City facilities, alter participation patterns, or otherwise structure facility use for the purpose of increasing residency percentages, obtaining a higher partnership tier, or maximizing partnership benefits.

5.3.7 The City reserves the right to evaluate overall organizational participation and may adjust tier classification, billing status, or partnership eligibility when facility participation is determined to be unrepresentative of the organization's overall program composition.

5.4 Application and Annual Review Process

5.4.1 Applications for Youth Aquatic Partnership status shall be submitted annually in accordance with the schedule established by the Beaches, Parks and Recreation Department or in
accordance with Appendix B.

5.4.2 Applications shall include all documentation required by the City, including organizational records, financial information, participant rosters, insurance documentation, and other materials necessary to evaluate eligibility.
351

5.4.3 Participant rosters shall be submitted electronically in a format approved by the City.

5.4.4 Participants included on partnership rosters must:
a. Meet the definition of Youth Status;
b. Be actively enrolled in the organization's competitive aquatic program; and
c. Have participated in the program for a minimum of three consecutive months or one full quarter during the
evaluation period.
d. The City reserves the right to compare roster information with participation tracking records to verify eligibility and compliance.

5.4.5 The Beaches, Parks & Recreation Department shall determine eligibility and approve all applications for Youth Aquatic Partnership that meet all minimum requirements established by this Policy. The Beaches, Parks and Recreation Director shall execute the Agreement(s) upon verification of eligibility.

5.4.6 Appeals or requests for exceptions to tier requirements may be considered by the Beaches, Parks & Recreation Director and forwarded to the Beaches, Parks & Recreation Commission and City Council for consideration.

5.4.7 Final approval of any appeal or exception to the requirements of Youth Aquatic Partnership status shall be made by the City Council.

5.4.8 Organization Scholarship Program.
a. Partner Organizations shall offer a scholarship program that provides relief for San Clemente households that
demonstrate financial hardship.
b. Requirements for financial hardship are to be determined at the discretion of the organization.

5.5 Aquatic Facility Use Fee Structure, Billing and Participation Tracking

5.5.1 Approved Youth Aquatic Partnership Organizations shall be billed in accordance with the City's adopted fee schedule and 352
applicable partnership discount structure contained in Appendix B.

5.5.2 Routine practice use shall be billed using the City's designated swipe-based participation tracking system.

5.5.3 All participants utilizing partnership practice allocations shall check in using the City's designated participation tracking system prior to facility use.

5.5.4 Monthly billing shall be based upon actual participant attendance recorded through the City's participation tracking system.

5.5.5 Participation records maintained by the City shall serve as the official record for facility utilization, billing, residency participation calculations, and program compliance.

5.5.6 Partnership discounts shall apply only to approved Primary Programs and routine practice use occurring during approved facility allocations.

5.5.7 Secondary Programs, camps, clinics, lessons, instructional programs, specialty rentals, and other non-approved activities shall be billed at applicable rental rates.

5.5.8 Swipe-based billing applies only to routine practice use and does not apply to tournaments, competitions, special events, exclusive facility use, deck reservations, meeting spaces, or other non-routine uses.

5.5.9 Organizations participating in swipe-based billing shall maintain a valid payment method on file with the City.

5.5.10 Billing disputes must be submitted in writing within fifteen (15) days of invoice issuance.

5.5.11 Standard and Expanded Allocation categories shall be assigned by the City during the allocation process in accordance with Appendix B.

5.6 Aquatic Facility Allocation

5.6.1 All aquatic facility allocations are assigned as shared use unless otherwise approved by the City.

5.6.2 Aquatic facility allocation priorities shall be as follows:
353
a. City-sponsored programs;
b. Approved Youth Aquatic Partnership Primary Programs, prioritized by Tier;
c. Frequent renters, Secondary Programs, and qualified nonprofit organizations; d. Commercial organizations located within San Clemente; and
e. Commercial organizations located outside San Clemente.

5.6.3 Each organization shall submit facility allocation requests in accordance with schedules established by the City.

5.6.4 When competing requests exist within the same allocation priority, the City may consider (in no particular order):
a. Residency participation percentage;
b. Historical facility utilization;
c. Compliance history;
d. Number of hours requested;
e. Primary Season considerations; and
f. Whether the request supports a Primary Program or
Secondary Program.

5.6.5 Each Youth Aquatic Partnership Organization shall be assigned a maximum allocation of facility space based on participation, utilization, facility capacity, and operational needs.

5.6.6 Increased enrollment or participation does not automatically entitle an organization to additional facility space. The City reserves the right to adjust allocations based upon demonstrated utilization, participation levels, operational needs, and overall community benefit.

5.6.7 Minimum in-water participation standard shall be maintained in accordance with Appendix C.

5.7 Facility Use Requirements
354

5.7.1 Organizations shall use facilities only during approved dates, times, and locations.

5.7.2 Unauthorized sharing, transfer, assignment, or subleasing of allocated facility space is prohibited under the Partnership Policy, but these uses can be requested through the regular Pool Rental process.

5.7.3 All participants must properly check in using the City's designated participation tracking system.

5.7.4 Participation Tracking Compliance. Organizations shall support participant compliance with the City's designated participation tracking system.

Participants utilizing partnership practice allocations are required to check in prior to facility use.

If participation is identified through observation, roster verification, coaching records, or other reasonable means but is not recorded through the participation tracking system, the City may adjust attendance records and apply the appropriate charges to the organization's monthly invoice.

Organizations will not be held responsible for participation tracking failures resulting from City equipment malfunctions, system outages, or other circumstances outside of the
organization's reasonable control.

5.7.5 Cancellation of reserved rental lanes must be made at least 12 hours prior to the start of the rental times listed on the permit.

Lanes cancelled more than 12 hours in advance will be
refunded. Cancellations made less than 12 hours prior “late cancellation” will automatically forfeit the lane rental fees. Lanes left unoccupied without notification to release them back to the public will incur the full rental fee without partnership discount.

Underutilization of allocated space, as demonstrated through participation tracking records, may result in reduction or reassignment of facility allocations.

5.8 Violations of Youth Aquatic Partnership

5.8.1 Violations of this Policy or the Partnership Agreement shall be subject to progressive enforcement.

5.8.2 The City may issue warnings, impose corrective actions, reduce allocations, suspend partnership benefits, or revoke partnership status.
355

5.8.3 The City may suspend or revoke partnership status when necessary to protect City facilities, ensure equitable access, or enforce compliance with this Policy.

5.8.4 The City utilizes a “three-strike” policy for violations of the Partnership Policy. The process is described within the Youth Aquatics Partnership Agreement.

5.8.5 Violation examples include, but are not limited to:
a. Submitting false documents to the City.
b. Use of pool space that has been closed due to inclement weather, water quality, safety, or maintenance without City authorization.
c. Conducting activities outside of permitted hours or beyond the boundaries of the reserved pool space, including
adjacent areas or other City property, without prior written authorization stated in the rental permit.
d. Subletting, loaning, or trading allocated pool time with other groups or organizations without prior written City approval.
e. Failure to return unused or unscheduled pool hours to the City for re-allocation

5.8.6 Failure to comply with the requirements and responsibilities listed will result in a Partnership reevaluation by the Beaches, Parks and Commission, to include Partnership status revocation.

5.9 Partnership Expectations and Renewal

5.9.1 All Partners shall adhere to all the policies and procedures of the City and cooperate fully with City staff to ensure. Partners shall provide City representatives with access at all times to review or monitor the sports program.

5.9.2 Applicant and all participants, parents, spectators, coaches, and volunteers agree to abide by the City Participant Code of Conduct. The Youth Aquatic Partner maintains responsibility for 356
all of its coaches, volunteers, agents, parents, spectators, and players affiliated with the organization.

5.9.3 All organizations must strictly adhere to their approved permit times. If a permitted lane remains unoccupied for more than 10 minutes after the scheduled start time listed on the permit, the lane may be released for public lap swim or reallocated for the remainder of that individual lane rental period. The organization will still be charged for the full rental time, and no refunds or credits will be issued.

5.9.4 Partnership Agreements will be issued for an initial one-year term, with the possibility of four additional one-year extensions, not to exceed a total of five consecutive years. Extensions will be granted based on the organization’s continued compliance with residency requirements, participant eligibility, and overall program performance as outlined in this policy.

6.0 DEFINITIONS:

6.1 “Applicable Rental Rate”: The fee established by the City's adopted fee schedule for facility use, staffing, events, or related services.

6.2 “Aquatic Tournament”: A City-approved competitive aquatic event requiring reserved facility space beyond routine practice use, including swim meets, water polo tournaments, diving competitions, artistic swimming competitions, or similar events.

6.3 “Competitive Aquatic Sports”: Organized aquatic programs focused on athletic competition, advanced skill development, and preparation for sanctioned meets, tournaments, or competitive events. Examples include swimming, water polo, diving, and artistic swimming.

6.4 “Expanded Allocation”: An approved partnership allocation utilizing fifty percent (50%) or more of a designated pool, long-course configuration, full field-of-play configuration, or other expanded aquatic allocation.

6.5 “Frequent Renter”: An organization or individual that rents aquatic facility space more than four times per calendar quarter.

6.6 “Non-Profit”: An organization recognized by the Internal Revenue Service as a tax-exempt entity under Section 501(c)(3) or 501(c)(4) of the Internal Revenue Code and in good standing throughout the term of its permit or agreement.
357

6.7 “Organization”: A youth aquatic organization approved by the City and awarded Youth Aquatic Partnership status.

6.8 “Organized Play”: A structured athletic activity, practice, training session, competition, or coaching activity involving two or more participants.

6.9 “Participant”: An individual registered with an approved organization and actively participating in its program. Coaches, officials, volunteers, and staff are not considered participants.

6.10 “Primary Season”: For the purposes of this policy, “Primary Season” refers to the period during which an aquatic sport is most active in terms of training intensity, sanctioned competitions, and facility demand. The sport in season will have priority for allocations. The following are recognized Primary Seasons for competitive aquatic programming: Competitive Swimming: Short Course Season (September-March) and Long Course Season (April-August); Water Polo: Boys Season (August-October) and Girls Season (November-January); Diving (February-July); Artistic Swimming (January-May).

6.11 “Primary Program”: An organization's core competitive aquatic sports program that serves as the basis for Youth Aquatic Partnership eligibility, facility allocation priorities, and partnership fee discounts. The City shall determine whether a program qualifies as a Primary Program based on its purpose, participation, and relationship to the organization's competitive aquatic mission.

6.12 “Resident”: A person whose primary residence is located within the City of San Clemente. The City reserves the right to verify residency and conduct audits as necessary.

6.13 “Recreational Aquatic Programming”: Aquatic instruction, lessons, clinics, camps, feeder programs, fitness activities, or other non-competitive programming intended for skill development, recreation, or general participation rather than competition.

6.14 “Routine Practice”: A regularly scheduled aquatic training session conducted by an approved Youth Aquatic Partnership Organization during its assigned allocation period for the primary purpose of team training and skill development.

6.15 “Secondary Program”: Any activity that is not part of an organization's Primary Program, including but not limited to camps, clinics, lessons, 358
instructional programs, feeder programs, evaluations, specialty rentals, or other non-competitive activities. Secondary Programs are not eligible for partnership discounts unless otherwise approved by the City.

6.16 “Subleasing / Unauthorized Transfer”: The assignment, sharing, transfer, or use of allocated facility space by any person, organization, or program not authorized by the City.

6.17 “Standard Allocation”: An approved partnership allocation utilizing less than fifty percent (50%) of a designated pool, field of play, or aquatic area.

6.18 “Youth Status”: An individual who is 18 years of age or younger and actively enrolled in high school or an equivalent educational program. 359

APPENDIX A

PARTNERSHIP BILLING AND DISCOUNT STRUCTURE
Swipe-based billing applies only to approved routine practice use.

Definitions:
“Standard Rental Allocation”: An approved partnership allocation utilizing less than fifty percent (50%) of a designated pool, field of play, or aquatic area. “Expanded Rental Allocation”: An approved partnership allocation utilizing fifty percent (50%) or more of a designated pool, long-course configuration, full field-of-play configuration, or other expanded aquatic allocation.

Standard Rental Rate Expanded Rental Rate
Resident Non-Resident Resident Non-Resident
Tier I
(55% Discount) $1.80 $4.05 $3.86 $8.66
Tier II
(50% Discount) $2.00 $4.50 $4.28 $9.63
Tier III
(35% Discount) $2.60 $5.85 $5.56 $12.51
Swipe-based billing applies only to recurring routine practice use and does not apply to exclusive facility use or special events. The City Council shall establish and periodically update all billing rates through the adopted fee schedule. 360

APPENDIX B

APPLICATION AND ALLOCATION SCHEDULES
B1.0 Youth Aquatic Partnership Application Schedule
Annual Review Process
Application Period August 1-31
Applications Due August 31
Administrative Review to Determine Eligibility September 1-30 BPR Commission Review of Qualifying Applicants October (2nd Tuesday) City Council Review November (1st Tuesday)
Youth Aquatic Partnership Status Starts January 1
B2.0 Required Application Materials
Applicants shall submit all documentation required by the City to evaluate eligibility and partnership classification. Required materials include, but are not limited to:
a) Youth Aquatic Partnership Application Form;
b) Proof of current 501(c)(3) or 501(c)(4) status;
c) Insurance documentation meeting City requirements;
d) Organizational governing documents, including articles of incorporation, bylaws, or similar charter documents;
e) Documentation demonstrating compliance with scholarship and financial assistance requirements;
f) Financial information reasonably requested by the City to evaluate eligibility; g) Participant roster information required under Section C.3; and h) Any additional information determined necessary by the City to evaluate eligibility, partnership classification, residency participation, facility utilization, or program compliance.

Incomplete applications may be rejected, returned for correction, or delayed until all required materials are received.

B3.0 Participant Rosters
Participant rosters shall be submitted electronically in a format approved by the City.

To be eligible for inclusion on a partnership roster, a participant must:
a) Meet the definition of Youth Status;
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b) Be actively enrolled in the organization's Primary Program; and c) Have participated in the organization's competitive aquatic program for a minimum of three (3) consecutive months or one (1) full quarter during the evaluation period.

Rosters shall include sufficient information to verify participant eligibility and residency.

Participants with incomplete residency information may be classified as non-residents until sufficient documentation is provided.

The City reserves the right to audit roster information and compare roster data with participation tracking records to verify compliance with this Policy.

B4.0 Residency Verification
Residency participation percentages used to determine partnership tier classification shall be based upon actual participant attendance recorded through the City's designated participation tracking system.

Annual rosters shall be used to verify participant eligibility, organizational composition, and residency information.

The City reserves the right to audit residency information and adjust partnership classification, billing status, or eligibility if participation is determined to be inaccurate, misleading, or unrepresentative of the organization's overall program composition.

B5.0 Aquatic Facility Allocation Schedule
Season Allocation Due Date
Fall April 15
Winter August 15
Spring November 15
Summer January 15
Organizations missing established deadlines may be allocated remaining facility space on an as-available basis.

B6.0 Administrative Authority
The City reserves the right to revise application forms, documentation requirements, roster formats, participation tracking procedures, allocation request forms, and other administrative processes necessary to effectively administer the Youth Aquatic Partnership Program.

Such administrative revisions shall not require amendment of this Policy provided they remain consistent with its intent and requirements.
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APPENDIX C

MINIMUM IN-WATER PARTICIPATION STANDARDS
To ensure pool space is allocated responsibly during peak hours and in accordance with public programming needs, all organized aquatic uses must meet minimum in-water participation requirements. These are determined by program type.

Competitive Swimming
• Short Course: Minimum 3 swimmers per lane
• Long Course: Minimum 6 swimmers per lane
Water Polo
• Half-Course Use: Minimum 8 participants
• Full-Course Use: Minimum 14 participants
Artistic Swimming
• Minimum 6 participants per training block
Diving
• Minimum 2 divers per board
• Diving allocations shall include a dedicated dive well and shall not be shared with lane-based programming during use.

Failure to consistently meet minimum participation standards may result in reassignment or reduction of allocated facility space.
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Scheduled for consideration by the Beaches, Parks and Recreation Commission at its regular meeting on August 11, 2026

CITY OF SAN CLEMENTE

MINUTES OF THE

BEACHES, PARKS AND RECREATION COMMISSION

SPECIAL MEETING
TUESDAY, JUNE 23, 2026, 6:00 P.M.

Vice Chair Garcia called the Special Meeting of the Beaches, Parks, and Recreation Commission of the City of San Clemente to order on Tuesday, June 23, 2026, at 6:03 p.m. at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente, CA. Vice Chair Garcia led the Pledge of Allegiance.

PRESENT Dolegowski, Garcia, Grace, Haskins, Johnson, McCanne, Schmitt ABSENT Kahn, Van Nort
STAFF PRESENT Samantha Wylie, Beaches, Parks & Recreation Director Debbie Fields, Administrative Assistant
Carrie Swartz, Aquatics Supervisor

1. APPROVAL OF MINUTES
A. May 13, 2026, Beaches, Parks and Recreation Commission Adjourned Regular Meeting Minutes
Motion by Vice Chair Garcia, second by Commissioner McCanne, CARRIED 7-0, Commissioners Kahn and Van Nort absent, to approve the May 13, 2026, adjourned regular meeting minutes.

AYE: Dolegowski, Garcia, Grace, Haskins, Johnson, McCanne, Schmitt NOE: None

2. OLD BUSINESS
A. AQUATICS PARTNERSHIP POLICY
Carrie Swartz, Aquatics Supervisor, provided an overview of the proposed revisions to the Youth Aquatic Partnership Policy.

Anissa Bromley, San Clemente, supported revisiting the policy but expressed concerns about administrative burden and reduced access for youth aquatic programs. Requested a 75% residency threshold for Tier 1 and asked that community impacts on long-standing programs be considered.

Amanda Piwonka, President of the San Clemente Aquatics Team, noted the team has approximately 81% San Clemente residency while serving nearby communities.

Supported a one-year trial period but requested clearer rules, more flexible enforcement, and fewer policy changes to ensure stable access to the pool.

Amanda Quintanilla expressed support lowering the Tier 1 residency requirement to 75%, referencing research from other municipalities. Encouraged maintaining program Attachment 3
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PAGE 2
discounts and emphasized the value of youth athletics and long-term athlete development, urging continued investment in opportunities for local children.

Commissioners either individually or as a group discussed the following:
 Request to consider setting a minimum participation threshold for program qualification to prevent very small groups from disproportionately affecting tier status.
 Concern that very small programs could qualify for higher tiers, impacting equitable pool access and creating unintended outcomes.  Discussion of running the first year of the policy as a pilot by documenting violations without immediate punitive measures.
 Suggestion to hold quarterly check-ins with partner groups.  Recommendation to remove the 14-day cancellation provision from the policy.  Support for implementing a swipe/accountability system as a useful data tool.  Concern about lane allocation during peak usage times.  Request to adjust thresholds to allow more flexible lane utilization when space is available.
 Confirmation of the priority lane allocation order: City programs first, partner groups second, then frequent renters.

Motion by Vice Chair Garcia, second by Commissioner McCanne, CARRIED 7-0, Commissioners Kahn and Van Nort absent, to accept the proposed Aquatics Partnership Policy and take it to council to be approved with the removal of the 14-day cancellation, section 5.7.5, and the clarification of the 25-yard and 50-yard rental rates.

3. NEW BUSINESS
A. THE VICTORIA SIDEWALK WIDENING – CONCEPTUAL DESIGN
Shawn Ryan, Deputy Public Works Director, presented plans to improve the Victoria trolley stop area by widening and upgrading the sidewalk due to safety concerns.

Laura Smith, San Clemente, opposed removing the coral tree and nearby bushes, stating they appear healthy and support birds and the area’s natural character. Urged preserving existing vegetation and suggested alternatives such as adjusting railings rather than replacing plants with more sterile landscaping.

Larry Culbertson, San Clemente, requested broader review of the project due to its impacts on design, traffic, and pedestrian experience. Raised concerns about transparency and loss of shade if the coral tree is removed, recommended adding replacement shade trees, and asked for clarification on the tree’s condition and further review before approval.

Amanda Quintanilla narrated a PowerPoint presentation titled “Please Save the Trees and Bushes,” with a hard copy on file with Beaches, Parks & Recreation Department.

She opposed removal of the trees and bushes, cited their environmental value, questioned the project’s cost and scope, and requested further review by the Design Review Subcommittee.

Commissioners either individually or as a group discussed the following:
 Adding a crosswalk with a stop sign in front of the trolley stop  Stronger landscaping and design refinement, more greenery and shade 365
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 Removal of or keeping the coral tree
 Should the project return to the Design Review Committee or Planning Commission
 The tile mural/artwork
 Timeline of the project, completion before the 2028 Olympics and San Clemente Centennial celebration
 Getting clearer visuals for decision-making, including side-by-side renderings showing existing vs. proposed conditions and possibly versions with and without the coral tree
Motion by Vice Chair Garcia, second by Commissioner Schmitt, CARRIED 5-1-1, Commissioners Kahn and Van Nort absent, to send the item back to the Design Review Subcommittee with a focus on landscaping, looking at expanded shade and provide side by side renderings with the coral tree and without the coral tree with the preference for retaining the tree.

AYE: Dolegowski, Garcia, Haskins, McCanne, Schmitt
NOE: Grace
ABSTAIN: Johnson
B. NORTH BEACH SURVEY
Samantha Wylie, Beaches, Parks & Recreation Director, presented the results of the community survey regarding potential future uses of the City-owned vacant lot at 1832 N El Camino Real.

Amanda Quintanilla raised concerns about site limitations due to drainage constraints and referenced historical flooding and mentioned that the project would go back to the Planning Commission and design review subcommittee. She opposed removing trees and bushes, questioned project cost and scope, and urged preserving vegetation or considering alternatives like relocating infrastructure.

Commissioners either individually or as a group discussed the following:
 Safety concerns related to proximity to El Camino Real, including the possible need for a protective wall or barrier
 Existing parking and congestion challenges near Ole Hanson Beach Club, The Casino, and the newly opened Food Hall
 Need for improved bike and e‑bike infrastructure
 Support for a flexible, multi‑use public space
 Discussion of design concepts for layout and character:
o Spanish-style or welcoming entry wall/signage (e.g., “North Beach” gateway)
o Open plaza with tables and seating
o Small raised stage for performances
o Possible splash pad with safety controls
o Preference for an open-air design rather than a large enclosed structure
 Consideration of using the site as a parking lot
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 Concerns regarding maintenance requirements and flood risk  Interest in economic and revenue‑generating opportunities  Uncertainty about zoning and allowable uses
 Need for further study of parking capacity potential
Motion by Chair Johnson, second by Commissioner Grace CARRIED 7-0, Commissioners Kahn and Van Nort absent, to forward Commissioners' comments and suggestions to City Council.

AYE: Dolegowski, Garcia, Grace, Haskins, Johnson, McCanne, Schmitt NOE: None

4. ADJOURNMENT
Motion by Chair Johnson, CARRIED 7-0, Commissioners Kahn and Van Nort absent, to adjourn at 7:52 p.m. to a regular meeting on Tuesday, August 11, 2026, at 6:00 p.m. at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente, CA.

Beaches, Parks & Recreation Director Beaches, Parks & Recreation Commission Chairperson
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910 Calle Negocio
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www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: August 4, 2026 Agenda Item: 11H.

Submitted By: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks and Recreation Director; Brian Fields, Acting Maintenance Manager
Subject:
..titl e

CONSIDERATION OF A RESOLUTION TO APPROVE A SUPPLEMENTAL APPROPRIATION

FOR EL ORIENTE CANYON TREE REMOVAL AND VEGETATION MANAGEMENT AND

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

The purpose of this report is to request a supplemental appropriation of $42,000 to fund the El Oriente Canyon Vegetation Management Project. The project will remove overgrown volunteer trees and dense vegetation that have naturally established within the canyon over many years and now present ongoing maintenance challenges and have the potential to impact adjacent private properties.

The project is proposed in two phases. Phase I will remove five large volunteer trees, which will then provide access for staff to fully evaluate the remaining vegetation within the canyon. Phase II will consist of the removal of additional volunteer trees and overgrown vegetation based upon site conditions identified following completion of the initial clearing.

Background:

El Oriente Canyon is a City-owned open space area containing numerous volunteer trees and dense understory vegetation that have naturally established over several decades without planned landscape design or active vegetation management. Unlike intentionally planted landscape trees, these volunteer trees have become overcrowded and overgrown, creating unhealthy growing conditions while limiting maintenance access throughout the canyon.

As the vegetation has matured, portions of the tree canopy have expanded toward adjacent residential properties, increasing the potential for tree-related damage during severe weather events. In addition, the dense vegetation has made routine inspection and maintenance increasingly difficult.

The proposed project is intended to proactively restore the canyon to a more manageable condition while preserving the healthier, structurally sound trees that contribute to the natural character of the area. By removing overcrowded volunteer trees and dense vegetation, the City will improve long-term forest health, restore maintenance access, and reduce potential hazards to neighboring properties.
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CITY OF SAN CLEMENTE 2
Figure 1. El Oriente Canyon Vegetation Management Project Area Staff solicited three competitive quotations from qualified tree maintenance contractors for Phase I of the project. Great Scott Tree Service, the City's on-call tree maintenance contractor, submitted the lowest responsive proposal for $25,585.

Because this work was not anticipated during preparation of the Fiscal Year 2026–27 Operating Budget, a supplemental appropriation is required.

Discussion:

This project is intended to restore the canyon through the phased removal of volunteer trees and overgrown vegetation that have naturally established over many years. The project will improve long-term maintenance access, enhance the health and structure of the remaining tree canopy, and minimize the potential for future impacts to adjacent residential properties.

Due to the density of vegetation and limited visibility within the canyon, staff recommends completing the project in two phases. Phase I consists of removing five large volunteer trees that have been identified as the highest priority for removal. Removal of these trees will provide the access necessary for staff to safely evaluate the remaining vegetation and determine the appropriate extent of additional work.

Upon completion of Phase I, staff will conduct a detailed site assessment and proceed with Phase II, which will include removal of additional volunteer trees and overgrown vegetation identified as appropriate for removal. This phased approach allows decisions regarding the remaining vegetation to be based on actual field conditions once the site has been opened, ensuring that only vegetation necessary for long-term management objectives is removed.

Because existing vegetation currently obscures much of the site, the exact extent of this work cannot be determined until the initial clearing has been completed. 382
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CITY OF SAN CLEMENTE 3
Figure 2. Two of five trees identified for removal in Phase I Considerations Identified by Staff:

Staff recommends approval of the proposed supplemental appropriation to allow the project to be completed through a phased approach that provides both flexibility and fiscal efficiency.

Completing the initial work will improve access throughout the canyon, allowing staff to accurately assess site conditions before determining the final extent of vegetation removal.

Appropriating the full project budget at this time will enable the project to proceed without interruption and eliminate the need to return to the City Council for additional funding as subsequent work is identified. This approach allows the City to complete the project in a timely and cost-effective manner while ensuring that future decisions are based on actual field conditions following the initial clearing.

Council Options:
 Approve the staff recommendation to adopt Resolution No. 26-131, which will authorize the supplemental appropriation of $42,000 and allow the El Oriente Canyon Vegetation Management Project to proceed as proposed.
 Approve the project with modifications by providing alternative direction regarding the project scope, budget, or implementation.
 Take no action.
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Environmental Review/Analysis:

Phase I of the proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15304 (Class 4 – Minor Alterations to Land) because it consists of removal of five non-native volunteer eucalyptus trees, which are prone to disease and have become overcrowded and overgrown, creating unhealthy growing conditions while limiting maintenance access throughout the canyon. Additionally, portions of the tree canopy have expanded toward adjacent residential properties, increasing the potential for tree-related damage. Therefore, Phase 1 qualifies as minor alterations to land and vegetation that do not involve the removal of healthy, mature, scenic trees. After the completion of Phase I, staff will have access to the canyon to finalize the scope of and evaluate Phase II under CEQA.

Fiscal Impact:

The requested appropriation will provide sufficient funding to complete the phased vegetation management project, including additional work identified following the initial clearing of the site.

Funding the project in its entirety at this time will avoid delays in completing the work and eliminate the need for a subsequent request for additional appropriations.

Approval of the recommendation will authorize a supplemental appropriation of $42,000 to Tree Maintenance Account No. 001-633-43470-000-00000. The project budget is summarized below:
 Phase I: Removal of Five Large Volunteer Trees $25,585  Phase II: Additional Vegetation and Volunteer Tree Removal $16,415 Potential Action(s):
..recommendation
If the City Council concurs with the contents of the staff report, the appropriate action would to adopt Resolution No. 26-131, which will:

1. Find the project categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15304 (Class 4 – Minor Alterations to Land);

2. Approve a supplemental appropriation in the amount of $42,000 to Tree Maintenance Account No. 001-633-43470-000-00000; and

3. Authorize the City Manager to execute all documents and take such actions as are necessary to complete the El Oriente Canyon Vegetation Management Project. ..end
Attachment:

1. Resolution No. 26-131
Notification:

None.
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Attachment 1
RESOLUTION NO. 26-131

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING A

SUPPLEMENTAL APPROPRIATION FOR THE EL ORIENTE

CANYON VEGETATION MANAGEMENT PROJECT, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) UNDER CLASS 4 (14 CCR 15304, MINOR

ALTERATIONS TO LAND) OF THE STATE CEQA
GUIDELINES SECTION 15304
WHEREAS, the City of San Clemente owns and maintains the El Oriente Canyon open space area; and
WHEREAS, City staff has identified overgrown volunteer trees and dense vegetation within the canyon that have naturally established over many years, resulting in restricted maintenance access, increased wildfire fuel loading, and the potential for impacts to adjacent private properties; and
WHEREAS, the proposed El Oriente Canyon Vegetation Management Project will improve long-term maintenance access, enhance the health and structure of the remaining tree canopy, and reduce potential hazards through a phased vegetation management approach, which is in the best interests of the City and the public; and WHEREAS, staff has determined that a supplemental appropriation in the amount of $42,000 is necessary to complete both phases of the project, including additional vegetation management identified following the initial site clearing.

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

SECTION 1. The foregoing recitals are true and correct and incorporated herein fully as findings.

SECTION 2. Based on a review of the record as a whole, the City Council hereby finds and determines that Phase I of the proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15304 (Class 4 - Minor Alterations to Land) because it consists of removal of five non-native volunteer eucalyptus trees, which are prone to disease and have become overcrowded and overgrown, creating unhealthy growing conditions while limiting maintenance access throughout the canyon. Additionally, portions of the tree canopy have expanded toward adjacent residential properties, increasing the potential for tree-related damage. Therefore, Phase 1 qualifies as minor alterations to land and vegetation that do not involve the removal of healthy, mature, scenic trees. After the completion of Phase I, staff is to finalize the scope of and evaluate Phase II under CEQA. 385
Resolution No. 26-131 Page 2
SECTION 3. The City Council hereby approves a supplemental appropriation in the amount of Forty-Two Thousand Dollars ($42,000) to Tree Maintenance Account No. 001- 633-43470-000-00000 for the El Oriente Canyon Vegetation Management Project.

SECTION 4. The City Council hereby authorizes and directs the City Manager, or his designee, to execute all documents and take all actions necessary and proper to implement the project through completion.

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

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, Mayor of the City San Clemente, California of San Clemente, California
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Resolution No. 26-131 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. 26-131 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
____________________________
Elizabeth A. Mitchell, City Attorney
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AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: August 4, 2026 Agenda Item: 11I.

Submitted By: Community Development
Prepared By: Adam Atamian, Community Development Director Subject:
..titl e
RESPONSE TO 2025-2026 ORANGE COUNTY GRAND JURY REPORT “WILDFIRES HIT HOME” ..body
Summary:

On May 13, 2026, the City received the Orange County Grand Jury report entitled "Wildfires Hit Home." The report examines wildfire risk reduction through home hardening, defensible space, community outreach, and related preparedness efforts. It also discusses the relationship between those efforts and insurance availability and affordability challenges affecting Orange County residents. Responses to the report are required to be submitted to the Presiding Judge of the Superior Court by August 18, 2026.

Background:

The 2025-2026 Orange County Grand Jury report, "Wildfires Hit Home," is provided as Attachment 1. The report was transmitted to the City on May 13, 2026 and was marked "Confidential" pending its public release on May 19, 2026. It is now public.

The Grand Jury report identified six Findings (p. 31 of Attachment 1) and four Recommendations (p. 32 of Attachment 1). The City is required to respond to Findings 1 through 6 and Recommendations 2 through 4. California Penal Code Sections 933 and 933.05 require the City to respond to applicable Findings and Recommendations and establish the requirements for those responses. The applicable California Penal Code sections are included as Attachment 2.

Responses must be submitted to the Presiding Judge of the Superior Court by August 18, 2026.

Discussion:

Staff has prepared proposed responses to the applicable Findings and Recommendations for the City Council's consideration. The proposed responses are presented below, and included in the draft response letter provided as Exhibit A of Attachment 3.

Findings
Based on its investigation entitled "Wildfires Hit Home," the 2025-2026 Orange County Grand Jury identified six findings requiring a response from the City. Below are the findings and proposed responses.

F1 More frequent and severe wildfires driven by increasingly hotter, drier, and windier conditions in the Orange County wildland-urban interface are escalating impacts on financial and non-financial resources. Among the financial costs are dramatic increases in homeowners’ insurance premiums, nonrenewals, and inabilities to obtain insurance. 388
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Staff Recommended Response: Agree in part. The City agrees that more frequent and severe wildfires are occurring in the Orange County wildland-urban interface. However, the City lacks the insurance-market expertise to independently confirm that this finding establishes the cause of increased insurance premiums, nonrenewals, and inability to obtain coverage, as the City is not an expert in insurance markets.

F2 Actions that address conditions in the home ignition zone to significantly reduce ignition potential can prevent a community wildland-urban interface fire disaster or suburban conflagration.

Staff Recommended Response: Agree.

F3 Expanded engagement with the community to raise awareness and provide support regarding home hardening and defensible space will increase effectiveness of wildfire risk mitigation and insurance risk reduction efforts.

Staff Recommended Response: Agree.

F4 Achievement of community-level and property-level wildfire risk mitigation designations (such as Firewise USA Site, Fire Risk Reduction Community or Insurance Institute for Business and Home Safety certification) lessens wildfire risk and helps reduce insurance premium costs.

Staff Recommended Response: Agree in part. The City agrees that achievement of community-level and property-level wildfire risk mitigation designations (such as Firewise USA Site, Fire Risk Reduction Community or Insurance Institute for Business and Home Safety certification) lessens wildfire risk, however, the City lacks the insurance-market expertise to independently confirm that achievement of community-level and property-level wildfire risk mitigation designations helps reduce insurance premium costs.

F5 All county residents should be made aware that Safer from Wildfire regulation requires insurers to provide discounts to homeowners and communities that implement home hardening and defensible space measures regardless of whether a property is located within a Fire Hazard Severity Zone.

Staff Recommended Response: Agree.

F6 AB 888, California Safe Homes Grant Program, provides financial assistance to eligible homeowners, cities, counties, and special districts for home hardening and defensible space measures. Applying for and using these grant funds will reduce wildfire losses and improve insurability and resilience of vulnerable communities.

Staff Recommended Response: Agree in part. The City agrees that AB 888 provides financial assistance to eligible homeowners, cities, counties, and special districts for home hardening and defensible space measures and that applying for and using these grant funds will reduce wildfire losses and improve resilience of vulnerable communities.

However, the City lacks the insurance-market expertise to independently confirm that 389
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CITY OF SAN CLEMENTE 3
applying for and using these grant funds will improve insurability of vulnerable communities.

Recommendations
The following recommendations applicable to the City of San Clemente require a response. Each recommendation lists the associated finding(s) in brackets “[ ]”.

Based on its investigation titled "Wildfires Hit Home," the 2025-2026 Orange County Grand Jury makes the following recommendations applicable to the City of San Clemente:

R2 By December 31, 2026, cities and fire service agencies, including Orange County Fire Authority should commit to participation in a county-wide annual wildfire prevention fair planned by the Orange County Board of Supervisors to showcase wildfire prevention outreach programs. [F1, F2, F3, F4, F5, F6]
Staff Recommended Response: The Recommendation has been implemented. The City commits to participating in a county-wide annual wildfire prevention fair if such an event is established by the Orange County Board of Supervisors.

R3 By December 31, 2026, cities, unincorporated areas, special districts, and fire service agencies in High and Very-High Fire Hazard Severity Zones should initiate planning activities to achieve community-level wildfire risk mitigation designations and/or establish a local Fire Safe Council within one year. [F4, F5, F6]
Staff Recommended Response: The Recommendation has been implemented. The City's adopted Emergency Management Strategic Plan includes planning activities for community-level wildfire risk reduction, including participation in the Fire Risk Reduction Community program and other wildfire preparedness initiatives.

R4 By December 31, 2026, to ensure city residents are engaged and aware of wildfire risk reduction resources, OCFA member and non-member cities should provide information, develop their own outreach program, and establish a direct contact person(s) for their residents. This is in addition to whatever referrals or references made to OCFA outreach programs. [F1, F2, F3, F4, F5, F6]
Staff Recommended Response: The Recommendation has been implemented. The City provides wildfire preparedness information and resources to residents through its website and public outreach efforts. The City also maintains a designated staff contact to assist residents with wildfire preparedness information and resources.

Council Options:
 Adopt Resolution No. 26-132, approving the staff-recommended responses to the 2025-2026 Orange County Grand Jury report, “Wildfires Hit Home.”
 Modify and adopt Resolution No. 26-132 by making modifications to the staff-recommended responses to the 2025-2026 Orange County Grand Jury report, “Wildfires Hit Home,” and approve such responses as modified.
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 Continue the item and provide staff with alternative direction. Should the City Council desire to continue this item, a request for an extension of time to provide responses may be necessary as the City’s response is due prior to the next City Council meeting.

Environmental Review/Analysis:

The proposed action is not a “project” pursuant to California Environmental Quality Act Guidelines Sections 15378. (14 CCR § 15378.)
Fiscal Impact:

None.

Potential Action(s):
..recommendation
STAFF RECOMMENDS THAT the City Council Adopt Resolution No. 26-132, entitled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

APPROVING RESPONSE TO FINDINGS AND RECOMMENDATIONS IN THE REPORT OF THE ORANGE COUNTY GRAND JURY - ‘WILDFIRES HIT HOME’”, authorizing the Mayor to respond to the findings and recommendations noted in the report by submitting a letter to the Presiding Judge of the Superior Court by August 18, 2026. ..end
Attachment:

1. 2025-2026 Orange County Grand Jury report, “Wildfires Hit Home”

2. Copy of California Penal Code Sections 933 and 933.05

3. Proposed Resolution No. 26-132.

Exhibit A - City of San Clemente’s Response to Findings and Recommendations of the 2025- 2026 Orange County Grand Jury report, “Wildfires Hit Home”.

Notification:

None.
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Attachment 1
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Wildfires Hit Home
Orange County Grand Jury 2025-2026
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Orange County Grand Jury 2025-2026 Page 3 of 74

TABLE OF CONTENTS
SUMMARY ...................................................................................................................... 5 BACKGROUND .............................................................................................................. 6 REASON FOR STUDY ................................................................................................... 9 METHOD OF STUDY ...................................................................................................... 9 INVESTIGATION AND ANALYSIS ................................................................................ 10 FINDINGS ..................................................................................................................... 31 RECOMMENDATIONS ................................................................................................. 32 COMMENDATIONS ...................................................................................................... 33 REQUIRED RESPONSES ............................................................................................ 34 Acronyms ...................................................................................................................... 41 Glossary ........................................................................................................................ 43 Bibliography .................................................................................................................. 45 Appendix A .................................................................................................................... 50 Appendix B .................................................................................................................... 53 Appendix C .................................................................................................................... 55 Appendix D .................................................................................................................... 56 Appendix E .................................................................................................................... 58 Appendix F .................................................................................................................... 61 Appendix G ................................................................................................................... 63

FIGURES
Figure 1 Map of Eaton and Palisades Fires in January 2025 ......................................... 7 Figure 2 Shared responsibility for risk reduction in wildland-urban interface areas ...... 11 Figure 3 WUI and suburban conflagration fire disaster chain of events. ...................... 13 Figure 4 Example of an Orange County City LRA Fire Hazard Severity Zone Map ..... 16 Figure 5 Board of Forestry and Fire Protection Defensible Zones 0, 1, and 2 .............. 18 Figure 6 Total FAIR Plan Dwelling and Commercial Policies Have Increased, September 2023 to September 2025 ............................................................. 20 Figure 7 City Area Reported in Fire Hazard Severity Zones ......................................... 26 Figure 8 Cities Reporting Achieved, Applied for, or Plan to Apply for a CommunityLevel Wildfire Risk Mitigation Designation ..................................................... 27 395
Wildfires Hit Home

Figure 9 Cities Reporting Outreach Program to Provide Information and Guidance to Property Owners on Wildfire Risk Mitigation Measures and/or Grants .......... 28 Figure 10 Cities Reporting Their Outreach Program Refers to Orange County Fire Authority Outreach Programs and Resources ............................................. 29 Figure 11 Top 20 Deadliest California Wildfires ............................................................ 50 Figure 12 Top 20 Most Destructive California Wildfires ................................................ 51 Figure 13 Large Fires 300 Acres and Greater - State and Contract Counties Direct Protection Area ............................................................................................ 52 Figure 14 Orange County Wildfires by Size ................................................................. 52 Figure 15 Safer from Wildfires Flyer, Page 1 ................................................................ 53 Figure 16 Safer from Wildfires Flyer, Page 2 ................................................................ 54 Figure 17 Fire Hazard Severity Zone Map of Orange County ...................................... 55 Figure 18 Fire Hardening and Defensible Space Disclosure, Page 1 .......................... 56 Figure 19 Fire Hardening and Defensible Space Disclosure, Page 2 .......................... 57 Figure 20 California Property and Casualty Insurance Company Homeowners Premium and Loss ....................................................................................... 58 Figure 21 FAIR Plan Data for Orange County Zip Codes 90620 - 92679 ..................... 59 Figure 22 FAIR Plan Data for Orange County Zip Codes 92680 – 92899 .................... 60 Figure 23 Orange County Fire Authority Covered Cities .............................................. 61 Figure 24 Orange County Fire Jurisdictions ................................................................. 62 Figure 25 Ready, Set Go! Flyer for Immediate Zone .................................................... 63 Figure 26 Ready, Set, Go! Flyer on Defensible Space ................................................. 64 Figure 27 Ready, Set, Go! Flyer for Home Hardening, Page 1 .................................... 65 Figure 28 Ready, Set, Go! Flyer for Home Hardening, Page 2 .................................... 66 Figure 29 Ready, Set, Go! Flyer on Vegetation Management ...................................... 67 Figure 30 Ready, Set, Go! On Be Ember Aware .......................................................... 68 Figure 31 Ready, Set, Go! Flyer on Home Assessment ............................................... 69 Figure 32 Ready, Set, Go! Flyer on Wildfire Home Risk Assessment, Page 1 ............. 70 Figure 33 Ready, Set, Go! Flyer on Wildfire Home Risk Assessment, Page 2 ............. 71 Figure 34 Zone 0 At-A-Glance, Page 1 ........................................................................ 72 Figure 35 Zone 0 At-A-Glance, Page 2 ........................................................................ 73

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SUMMARY
Wildfires have become a fact of life in California. Persistent drought conditions and accelerated warming have led to an increase in wildfires throughout the state. Of the twenty most destructive wildfires in California history, fifteen have occurred in the last ten years (see Appendix A). From the Camp Fire, also referred to as the Paradise Fire, in Northern California to the Palisades and Eaton Fires in Los Angeles and the Airport Fire in Orange County, the tragic loss of life and the destruction of thousands of homes and structures have upended homeowners’ lives and rocked the insurance industry with billions of dollars in claims just in the last few years. These conditions have made home insurance unaffordable or unavailable for many Orange County residents. The State of California has attempted over recent years to mitigate the impact on ratepayers and insurers and has provided tougher regulations for hardening homes and property. Both the California legislature and the California Department of Insurance have issued recent laws and regulations to address these issues. Significant for this report are Safer from Wildfires (2022), California Fair Access to Insurance Requirements (FAIR) Plan (1968, revised 2025), Assembly Bill 888 (2025) and California Wildland-Urban Interface Code (2025).

The California FAIR Plan was established in 1968 to provide basic insurance for property owners who could not obtain fire coverage through the traditional insurance market due to being in high-risk fire areas. The FAIR Plan is not a state agency, and it receives no taxpayer funding. It is a syndicated fire insurance pool made up of all insurers licensed to write property/casualty insurance in the state. The FAIR Plan is intended to be the insurer of last resort and is meant to be a temporary safety net helping property owners until they can transition back to the traditional insurance market. The numerous fires over the last few years coupled with private insurers leaving the California market or no longer insuring homes in high-risk areas, have resulted in the FAIR Plan being financially strained with the number of policies more than doubling since September 2023.1 The State Legislature and Department of Insurance both responded with strategies to rebalance this problem requiring insurers to increase the number of policies issued in high-risk areas and to change the way rates are established, however, insurance companies, using loopholes in the legislation, have so far largely avoided meeting the goals set for them.2
The Safer from Wildfires regulation was issued by the Insurance Commissioner after development in partnership with California Department of Forestry and Fire Protection (CAL FIRE) and the Governor’s Office of Emergency Services. The regulation mandates 1 Key Statistics & Data. The California FAIR Plan. https://www.cfpnet.com/key-statistics-data/ 2 The New York Times, California Promised Insurance Relief, But Delivered Loopholes, Nov. 2, 2025. 397
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that insurance companies provide rate discounts for various actions that property owners take to create defensible space and harden their homes against wildfires (see Appendix B).

AB888, the California Safe Homes Grant Program, aims to reduce wildfire losses, improve insurability and resilience of vulnerable communities, and support home hardening efforts to help residents qualify for insurance premium incentives. It provides grants to aid qualifying residents and communities to complete wildfire risk mitigation measures.

The California Wildland-Urban Interface Code (CWUIC) refers to the California Building Standards Code, Title 24, Part 7. Effective in January 2026, the CWUIC requires fireresistant and ignition-resistant construction in Fire Hazard Severity Zones or the wildland-urban interface. Requirements were also established for vegetation and hazard mitigation in the same areas. Studies have definitively shown that implementing these home hardening and defensible space requirements, including retrofitting existing homes, will greatly reduce ignition and fire spread, thereby reducing damage and resulting claims. Compliance with the 2015 International Wildland-Urban Interface Code (IWUIC) could save $4 for every $1 invested and retrofitting structures to the IWUIC could provide from $2 to as much as $8 in benefits for each $1 invested.3 Home hardening and defensible space measures that align with wildland-urban interface codes and Safer from Wildfires regulations will help save homeowners and insurance companies from catastrophic loss.

The 2025-2026 Orange County Grand Jury found evidence that clearly shows Safer from Wildfires home hardening and defensible space measures protect homes and communities, saving homeowners, local governments, and fire authorities as well as insurance companies from catastrophic loss while also providing discounts for homeowners’ insurance premiums.

BACKGROUND
California’s Wildfire Crisis and Insurance Impact
California faces an escalating wildfire crisis fueled by accelerated warming, prolonged droughts, increasingly windy conditions, and expanded development into fire-prone areas. Between 2015 and 2025, 15 of the 20 most destructive wildfires in state history 3 National Institute of Building Science, Natural Hazard Mitigation Saves. 2019. https://nibs.org/wpcontent/uploads/2025/04/NIBS_MMC_MitigationSaves_2019-1.pdf. Accessed March 3, 2026. 398
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occurred, including the Palisades and Eaton Fires in 2025. These events have caused loss of life, devastated communities, destroyed thousands of homes, and resulted in billions in insured losses (see Appendix A).

The Eaton Fire in January 2025, spread through the suburbs of Pasadena destroying 9,413 structures and burning 14,021 acres. It became Los Angeles County’s most destructive and second deadliest fire with 19 fatalities (see Appendix A).

On the same day in January 2025, the Palisades Fires swept through Pacific Palisades, Topanga, and Malibu, consuming 6,833 homes and 23,707 acres. It became Los Angeles County’s third-most destructive fire and third deadliest with 12 fatalities (see Appendix A). Both fires were fueled by strong Santa Ana winds of between 80-100 mph, extremely dry conditions, and dense vegetation, creating what officials called a "perfect storm" for wildfire spread.4,5
Figure 1 Map of Eaton and Palisades Fires in January 2025 The most destructive California wildfire listed by CAL FIRE is the November 2018 Camp Fire in Butte County which burned 153,336 acres, destroyed 18,804 structures, and resulted in 85 deaths. The CAL FIRE list of the Top 20 Most Destructive California Wildfires can be viewed in detail in Appendix A. Data for Orange County wildfires for the period 2008 through 2024 can be viewed in Appendix A.

Orange County’s 2024 Airport Fire that started in Trabuco Canyon burned 23,500 acres and destroyed 160 structures. The fire raged for nearly a month, prompting a state of 4 Andrea Thompson, How the Ferocious Santa Ana Winds are Fueling the Palisades Fire, Scientific American, Accessed January,8, 2026, http://www.scientificamerican.com 5 Julia Jacobo and Ginger Zee, A perfect storm of weather and climate conditions led to the severity of the California fires, ABC News, Accessed January 8, 2026, http://www.abcnews.com/US/perfect-stormweather-climate-conditions-severity-california-fires/story?id=117468072 399
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emergency and millions of dollars in claims. This fire and others not only caused property loss, but also damaged ecosystems, water resources, and impacted air quality.

Post-fire soil degradation and the expansion of invasive, non-native plants has further hindered recovery.6
In California, wildfires have strained the private insurance market. Many insurers, facing frequent and unsustainable financial exposure and constraints on rate hikes caused by Proposition 103 have withdrawn from high-risk areas, or stopped issuing new policies altogether. Some insurers have even withdrawn from the state completely.

California homeowners in high-risk wildfire areas report premiums ranging from $5,000 to $12,000 annually.7 Orange County, California’s fifth most expensive housing market as of the 4th quarter 2025,8 faces challenges that are different than the statewide market. With an average home price of $1.2 million,9 rising insurance costs further threaten housing affordability. A recent survey found that 43% of Orange County seniors worry most about housing costs and financial security.10 Among the hardest hit by insurance premium increases and policy nonrenewal are retirees, renters, and owners of condominiums, townhomes, and mobile homes.

The Safer from Wildfires regulation requires insurers to offer discounts to homeowners who take proactive steps to reduce wildfire risk. Discounts are based on both achieving community-level designations, which assess the collective mitigation efforts of neighborhoods, and property-level improvements such as installing fire-resistant roofing, ember-resistant vents, and clearing defensible space.11 Reducing wildfire risk in the wildland-urban interface helps ensure that insurance coverage remains accessible. California’s wildfire and insurance crisis demands coordinated action from local governments and fire authorities, communities, and homeowners to reduce risk of wildfire.
6 Mashall A. Hayrikian, Engineering and Environmental Implications of the LA wildfires: Eaton and Palisades Fire, Marshall Geoscience – Geotechnical Engineering, Laboratory Services, http://www.marshallgeo.com/geotechnical-engineering/engineering-and-environmental-implications-of-lawildfires-eaton-palisades-fires/ 7 Merlin Law Group. Fire Insurance in California: A Complete Guide. https://www.merlinlawgroup.com/fireinsurance-california-guide/. Accessed March 6, 2026. 8 California Association of Realtors®, Median Prices of Existing Single Family Homes. Accessed March 8, 2026. https://www.car.org/marketdata/data/housingdata
9 O.C. CA Real Estate and Property Data, ATTOM, October 2025 10 Gabriel San Roman, New report on aging in Orange County outlines key concerns among seniors, Los Angeles Times, June 21, 2024, https://www.latimes.com/socal/daily-pilot/entertainment/story/2024-06- 21/aging-in-orange-county-report
11 California Code of Regulations, Title 10, Section 2644.9, Consideration of Mitigation Factors; Wildfire Risk Models. https://regulations.justia.com/states/california/title-10/chapter-5/subchapter-4-8/article4/section-2644-9/ 400
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REASON FOR STUDY
Wildfires have become an increasingly severe threat to residential communities in Orange County, particularly those in high-risk fire zones. The frequency and intensity of wildfires has escalated due to prolonged droughts, rising temperatures, and development encroachment into wildland-urban interface areas. Catastrophic losses from these wildfires have resulted in a continuing insurance crisis.

This study aims to (1) identify the shared responsibilities of local governments and fire service agencies, communities and homeowners to reduce the risk of wildfire in the wildland-urban interface, (2) investigate the status of actions taken by the California legislature and Department of Insurance to provide relief to policyholders, and (3) inform communities and homeowners on home hardening, defensible space, insurance risk reduction, and wildfire safety awareness.

METHOD OF STUDY
The investigation reviewed the efforts of Orange County local governments, local fire departments, and homeowner associations to better understand and provide an independent look at the above concerns and possible solutions. To achieve a clear picture of the wildfire problem in the Orange County wildland-urban interface and its impact on insurance rates, the 2025-2026 Grand Jury has done the following:
 Reviewed studies and academic papers
 Issued a Fire Hazard Severity Zone survey to all Orange County cities  Examined the 2025 California Wildland-Urban Interface Code  Observed a demonstration at a Yorba Linda Water District Heli-Hydrant™  Visited Firewise USA Site designated communities
 Conducted literature review of previous statewide Grand Jury reports  Interviewed California Department of Insurance staff, reviewed Department website and pertinent regulations
 Visited Orange County Fire Authority facilities to better understand their training, procedures, and preparedness
 Conducted multiple interviews with city, county, and fire officials, as well as homeowners association staff and residents regarding wildland-urban interface wildfire risk reduction
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Orange County Fire Authority helicopter approaching Yorba Linda Water District Heli-HydrantTM Source: Orange County Grand Jury 2025-2026

INVESTIGATION AND ANALYSIS
The 2025-2026 Grand Jury investigated the risk of wildfire in Orange County wildlandurban interface areas, the insurance industry’s response to this risk, actions taken by fire prevention authorities to reduce the risk of damage and destruction of homes by wildfire, and the state legislature and California Department of Insurance (CDI) response to the insurance crisis. The Grand Jury also investigated actions homeowners should take to share the responsibility to reduce community wildfire risk, and by doing so, potentially reduce their insurance costs.

The Grand Jury investigation included evaluation of CDI initiatives, the Safer from Wildfires insurance regulation,12 and other regulations related to wildfire and insurance risk reduction. The investigation also included examination of recent changes to Fire Hazard Severity Zone mapping, the 2025 CWUIC, and pending amendments to the ember-resistant Zone 0 regulations that comprise defensible space requirements.

Shared Responsibility for Reduction of Wildfire and
Insurance Risk
There is a broad scope of shared responsibility for risk reduction in wildland-urban interface areas. State legislators, CDI, state and local fire prevention authorities, counties and cities, community-level organizations, and homeowners all share responsibility for taking actions necessary to prevent wildfires in wildland-urban interface areas and thereby reduce insurance risk and policy rates. Figure 2 below illustrates the shared responsibility.
12 California Code of Regulations, Title 10, Section 2644.9 402
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Figure 2 Shared responsibility for risk reduction in wildland-urban interface areas The conclusion of this report focuses on the responsibilities of local governments and fire prevention authorities to provide homeowners the information and guidance needed to reduce property-level wildfire and insurance risk and thereby reduce these risks across entire communities.

Wildland-Urban Interface
Wildland-urban interface (WUI) is where urban development meets or intermixes with undeveloped natural areas. The term
“wildland-urban interface” refers most often
to areas where houses are located within or
adjacent to relatively larger areas of natural
vegetation. The U.S. Forest Service refers to
WUI simply as “areas where human
development meets natural landscapes.13
WUI is at greatest risk of wildfire in
13 Forest Service, U.S. Department of Agriculture. Wildland-Urban Interface. https://research.fs.usda.gov/nrs/fire/wui. Accessed January 12, 2026.

Source: RanchoMissionViejo.com
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California, where we have led the nation in both WUI growth and wildfires for 30 years.14 The Wildland-Urban Interface Fire Problem
The current National Fire Protection Association (NFPA) Firewise USA program was developed out of the 1986 Wildfire Strikes Home conference principally organized by the U.S. Forest Service and the NFPA. This initiative was the initial fire management response to the home destruction problem related to wildfires nationally recognized in 1985 which has since become known as the WUI fire problem.15 By the middle of this century, many Orange County residents may have a dramatic experience with wildfire due to increasingly drier, hotter conditions. Research that examined wildfires during the period from 1959 through 2009 predicts that in the next 25 years Southern California will see increased wildfires during months when fall winds occur and also during the warmer, summer months. It is estimated that by the mid-21st century there will be a 64% increase in acreage burned during higher intensity fall winds, and a 77% increase during summer winds due to warmer and drier climate. A greater concern is the estimated 20% increase in structures destroyed due to fires during fall winds and estimated 74% increase in structures destroyed due to fires during summer winds in warmer, drier conditions.16
Orange County development that continues into the WUI should expect to face these predictions. This Orange County Grand Jury report focuses on the implications for increased wildfire and insurance risk and our concern that most homes in WUI areas are not prepared to resist ignition and destruction by wildfire.

Wildland-Urban Interface Fire Disaster and Suburban Conflagration WUI fire disasters and suburban conflagrations occur during extreme fire conditions when numerous houses ignite and burn simultaneously, overwhelming the capabilities of firefighting resources.17 If enough homes are ignition-resistant, many homes do not ignite during extreme fire conditions and fire protection is not overwhelmed by the 14 Center for Critical Urban and Environmental Studies. University of California, Santa Cruz. Wildland Urban Interface (WUI) Research for Resilience: Addressing California’s Climate, Conservation & Housing Crises. https://criticalurbanenvironments.ucsc.edu/projects/wildland-urban-interface-wui-research-forresilience/ 15 Jack Cohen. The Wildland-Urban Interface Fire Problem: A Consequence of the Fire Exclusion Paradigm. Forest History Today. Fall 2008: 20-26.
https://www.fs.usda.gov/rm/pubs_other/rmrs_2008_cohen_j002.pdf. Accessed March 25, 2026. 16 Yufang Jin, et al. Identification of two distinct fire regimes in Southern California; implications for economic impact and future change. Environmental Research Letters, Volume 1, Number 9. IOP Science, September 8, 2015. https://iopscience.iop.org/article/10.1088/1748-9326/10/9/094005.

Accessed January 9, 2026.
17 Cohen, The Wildland-Urban Interface Fire Problem, 22. 404
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homes that do ignite; the ignition-resistant homes can survive without firefighter protection, and an extreme wildfire can occur without becoming a WUI fire disaster18 or suburban conflagration.

Suburban conflagrations occur when fire spreads from the wildlands into the WUI and suburban environment. Suburban conflagration follows the conceptual WUI fire chain of events in Figure 3.19 Once a structure in a community ignites, the probability of its complete destruction is high and the risk to the rest of the community increases as the burning structure produces significant heat and embers.20 Effective prevention of structure ignitions through home hardening and defensible space measures can break the WUI fire chain of events.

Figure 3 WUI and suburban conflagration fire disaster chain of events.21 Home Ignition Zone and Home Ignition Potential
The home ignition zone refers to a home and its immediate surroundings within 100 to 200 feet. The home ignition zone principally determines the potential for WUI fire disasters. Research shows that a home’s ignition potential during extreme wildfires is determined by the characteristics of its exterior materials and design, their response to 18 Cohen, The Wildland-Urban Interface Fire Problem, 23. 19 Ian M. Gammanco, et al. The Return of Conflagration in Our Built Environment. Insurance Institute for Business and Home Safety. September 2023. https://ibhs.org/wpcontent/uploads/Suburban_Wildfire_Conflagration_WhitePaper.pdf. Accessed March 20, 2026. 20 Gammanco, The Return of Conflagration, 22.
21 Gammanco, The Return of Conflagration, 14.
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burning objects within 100 feet, and their response to embers. Most destroyed homes in residential areas ignite from smaller flames and firebrands (lofted embers), not surrounding vegetation.22 Reducing home ignition potential is the key to preventing WUI fire disaster.

Reducing Home Ignition Potential Can Prevent Wildland-Urban Interface Fire Disaster and Suburban Conflagration
During extreme WUI fires, homes ignite and burn and sustain the requirements for combustion both indirectly and directly: Indirectly from radiation and convection heating from flames, and directly from ember spot ignitions on a house. Computational modeling and laboratory and field experiments show that large flames of burning shrubs and tree canopies must be within 100 feet to ignite a home’s wood exterior, while most destroyed homes ignite from smaller flames and directly from burning embers.23 These research results suggest that addressing the conditions in the home ignition zone to significantly reduce home ignition potential can prevent WUI fire disaster. Reducing home ignition potential means addressing the ignitability of the structure rather than the immediate surroundings.

Source: Patrick T. Fallon / Agence France-Presse / Getty Images An analysis of CAL FIRE data and Butte County property records shows that about 51% of the 350 single-family homes built after 2008 in the path of the Camp Fire were undamaged. By contrast, only 18% of the 12,100 homes built prior to 2008 escaped damage.24 The homes built after 2008 were required to conform to 2008 Title 24, Chapter 7A of the California Building Standards Code which focused on construction of new buildings located within WUI and Fire Hazard Severity Zones. These 2008 wildfire risk mitigation requirements for new homes included materials such as fire-resistant 22 Cohen, The Wildland-Urban Interface Fire Problem, 23. 23 Cohen, The Wildland-Urban Interface Fire Problem, 24. 24 Dale Kasler and Phillip Reese. In Camp Fire, Newer Houses Were Much Less Damaged. The Sacramento Bee. April 11, 2019, updated January 9, 2024. https://www.kqed.org/science/1940012/newer- %D8%8Cuses-much-less-damaged-in-camp-fire. Accessed March 4, 2026. 406
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roofs and siding, and construction methods for exterior wildfire protection. These wildfire risk mitigation requirements for new construction directly reduce home ignition potential and help homes constructed to the new standards survive undamaged.

Benefits of Reducing Home Ignition Potential Can Exceed Costs The benefits of reducing home ignition potential through compliance with new construction requirements can exceed costs, with 90% of the benefits estimated from reduced property losses and insurance costs. The benefit-cost ratio (BCR) for complying with the 2015 International Wildland-Urban Interface Code (IWUIC) has been calculated by the National Institute of Building Science for a number of representative counties with moderate to extreme fire risk. Total benefits were calculated at $3 billion and total costs at $800 million, suggesting a BCR of approximately 4:1 or $4 saved for every $1 of additional construction and maintenance cost.25 A national average BCR for retrofitting typical 2,000 square-foot existing homes plus nearby non-residential buildings (stores, schools, etc.) to 2018 IWUIC ignition-resistant construction and defensible space was also calculated. Benefits of retrofit exceed costs, with 93% of the benefits estimated from reduced property losses. Total benefits were calculated at $430 billion and total costs at $240 billion, equivalent to a national average BCR of 2:1 or $2 saved for every $1 of retrofit and maintenance costs.26 The per-house retrofit cost is highly uncertain. The lowest average per-house retrofit cost would imply a much higher benefit-cost ratio, perhaps as high as 8:1, equivalent to an average of $8 saved for every $1 of retrofit cost.27
Office of the State Fire Marshal Fire Hazard Severity
Zone Mapping
California laws now require Fire Hazard Severity Zone (FHSZ) mapping.28,29,30 The need for FHSZ mapping arose from repeated occurrence of major destructive fires. The FHSZ maps are developed using a science-based and field-tested model that assigns a hazard score based on the factors that influence fire likelihood and fire behavior. There are three levels of hazard score: Moderate, High, and Very High. Many factors are 25 National Institute of Building Science, Natural Hazard Mitigation Saves. 63 26 National Institute of Building Science, Natural Hazard Mitigation Saves, 114. 27 National Institute of Building Science, Natural Hazard Mitigation Saves, 115. 28 California Public Resources Code 4201-4204. https://law.justia.com/codes/california/code-prc/division4/part-2/chapter-1/article-9/ 29 California Government Code 51175-89. https://law.justia.com/codes/california/code-gov/title-5/division1/part-1/chapter-6-8/section-51175/ 30 California Code of Regulations Title 14, Section 1280. https://regulations.justia.com/states/california/title-14/division-1-5/chapter-7/subchapter-3/article-1/section1280/ 407
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considered such as fire history, existing and potential fuel (natural vegetation), predicted flame length, blowing embers, terrain, and typical fire weather for the area. FHSZ maps evaluate hazard, not risk. “Hazard” is based on the physical conditions that create a likelihood and expected fire behavior over a 30- to 50-year period without considering mitigation measures such as home hardening, recent wildfire, or fuel reduction efforts. “Risk” is the potential damage that a fire can do to the area under existing conditions, accounting for any modifications such as fuel reduction projects, defensible space, and ignition resistant building construction.31
FHSZ mapping began with the State
Responsibility Area (SRA), defined as a
designated area in California where the
state has primary responsibility for fire
prevention and suppression. The SRA
FHSZ mapping went into effect in April
2024. Since then, the Office has also been
mapping Local Responsibility Areas (LRA),
defined as a portion of land where local
agencies, such as city or county fire
departments, are responsible for wildfire
protection. All Orange County FHSZ maps
are accessible at the CAL FIRE website.32
Figure 4 shows an example of an Orange
County city FHSZ map. Appendix C shows
a screenshot of Orange County FHSZs
using the CAL FIRE Find Your Fire Hazard
Severity Zone viewer accessible at this
CAL FIRE web address:33
31 CAL FIRE. Office of the State Fire Marshal. Fire Hazard Severity Zones. Explore Fire Hazard Severity Zones. . https://osfm.fire.ca.gov/what-we-do/community-wildfire-preparedness-and-mitigation/fire-hazardseverity-zones. Accessed March 20, 2026. 32 CAL FIRE. Office of the State Fire Marshal. Fire Hazard Severity Zones in Local Responsibility Area.

Phase 4. Orange County.
https://calfire.app.box.com/s/wahuw9ny7cgn89xpxh7092ur50r1pwvj/folder/312669458215. Accessed March 12, 2026.
33 CAL FIRE. Office of the State Fire Marshal. Fire Hazard Severity Zones. https://osfm.fire.ca.gov/whatwe-do/community-wildfire-preparedness-and-mitigation/fire-hazard-severity-zones. Accessed March 12, 2026.

Figure 4 Example of an Orange County City LRA
Fire Hazard Severity Zone Map
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https://experience.arcgis.com/experience/5065c998b4b0462f9ec3c6c226c610a9.

Homeowners can enter their address in this viewer to find whether their property is located within a specific FHSZ.

How Fire Hazard Severity Zone Maps Impact Homeowners
FHSZ maps have no direct impact on insurance coverage. The CDI states that the FHSZ maps are intended to drive local planning decisions, not insurance decisions, and that FHSZ maps have nothing to do with insurance rating.34 Though not used directly for insurance rating, FHSZ mapping does have significant indirect impacts. Properties located in High or Very High FHSZs are subject to certain legal requirements. New state building code requirements effective January 2026 for homes within a FHSZ or a WUI area include fire-resistant materials and construction methods. Buildings in these areas are subject to defensible space requirements. If you sell a home located in these areas, you are required to disclose fire risk and compliance to potential buyers using a specific form.

These regulations are in place to increase fire-resistance of communities and ensure property owners are aware of the risks involved in living in a wildfire-prone area.

California Wildland-Urban Interface Code Effective January 1, 2026 Title 24, Part 7 of the California Building Standards Code, also referred to as the 2025 California Wildland-Urban Interface Code (CWUIC),35 became effective January 1, 2026.

Title 24, Part 7, Chapter 5, Special Building Construction Regulations establishes minimum standards to locate, design and construct buildings and structures or portions thereof for the protection of life and property, to resist damage from wildfires, and to mitigate building and structure fires from spreading to wildland fuels.36 Chapter 5 requirements for construction within a FHSZ or a WUI area include:
 Specifications for fire-resistance-rated construction and non-combustible materials
 Ignition-resistant construction and material
 Replacement or repair of roof coverings
34 California Department of Insurance. CAL FIRE Hazard Maps Do Not Affect Insurance Rates or Availability. https://www.insurance.ca.gov/0400-news/0102-alerts/2025/CAL-FIRE-hazard-maps-do-notaffect-insu.cfm. Accessed March 6, 2026. 35 2025 California Wildland-Urban Interface Code, Title 24, Part 7, 2024 IWUIC Amended, Effective Date:

Jan 01, 2026. https://codes.iccsafe.org/content/CAWUIC2025P2. Accessed January 22, 2026. 36 2025 California Wildland-Urban Interface Code, Title 24, Part 7, 2024 IWUIC Amended, Effective Date:

Jan 01, 2026. https://codes.iccsafe.org/content/CAWUIC2025P2. Accessed January 22, 2026. 409
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Defensible Space Requirements and the New Ember-Resistant Zone 0 The State Board of Forestry and Fire Protection is responsible for the existing defensible space regulations37 for buildings or structures located in the SRA or in Very High FHSZ in the LRA. If you have a home or building in the SRA or in the Very High FHSZ in the LRA, you are responsible for ensuring that your property complies with defensible space requirements to protect structures from wildfire. The Board of Forestry and Fire Protection webpages include an illustration of existing Defensible Space Zones 0, 1, and 2 (Figure 5), and links to Zones 0, 1, and 2 resources.38 Figure 5 Board of Forestry and Fire Protection Defensible Zones 0, 1, and 2 It is important to note that “ember-resistant Zone 0” does not mean all vegetation, including trees, within 0-5 feet must be removed. New ember-resistant Zone 0 37 California Public Resources Code Division 4 - Forests, Forestry and Range and Forage Lands Part 2 - Protection of Forest, Range and Forage Lands Chapter 3 - Mountainous, Forest-, Brush- and GrassCovered Lands Section 4291. https://law.justia.com/codes/california/code-prc/division-4/part-2/chapter3/section-4291/. Accessed January 14, 2026. 38 State of California Board of Forestry and Fire Protection. https://bof.fire.ca.gov/projects-andprograms/defensible-space-zones-0-1-and-2. Accessed January 14, 2026. 410
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vegetation options will be finalized later in 2026. The next public workshop meeting is scheduled for April 23, 2026. New ember-resistant Zone 0 requirements enhance existing defensible space requirements in High and Very High FHSZs in the LRA to create an ember-resistant zone within 0 to 5 feet of a building. 39 Compliance with existing or enhanced defensible space requirements addresses home ignition potential and reduces home ignitability. Reducing the ignitability of enough homes can break the WUI fire chain of events and help more homes escape destruction or survive undamaged.

AB38 Defensible Space Compliance Documentation and Disclosure AB38 became effective in 2021, requiring sellers of property located in a High or Very High FHSZ to provide buyers with documentation stating the property complies with state defensible space requirements or local vegetation management ordinances, as applicable. The law provides that if documentation demonstrating compliance cannot be obtained by the close of escrow, a written agreement may be executed showing that the buyer agrees to obtain documentation of compliance within one year of the close of escrow. 40
The law also requires a Defensible Space Disclosure be provided by sellers of property located in a High or Very High FHSZ to buyers of homes constructed before January 1, 2010. The Disclosure must include specified information and a copy of a final inspection report, or information on where the report may be obtained. A sample Defensible Space Disclosure notice is reproduced at Appendix D.

California Homeowners Insurance Crisis
Devastating property losses and casualties resulting from numerous wildfires in California WUI areas and other natural disasters beginning in 2018 have precipitated a continuing homeowners insurance crisis. Beginning in 2022 and 2023, insurers began dramatically raising California homeowners fire insurance premiums in what were considered wildfire risk areas, and some insurers began to stop issuing policies in highrisk areas or withdraw from the California homeowners’ insurance market altogether.

Like many homeowners throughout the state that are severely impacted by the insurance crisis, many Orange County homeowners are also impacted. 39 Board of Forestry and Fire Protection. Summary of October 2025 Draft Zone 0 Regulation Language. https://34c031f8-c9fd-4018-8c5a-4159cdff6b0d-cdn-endpoint.azureedge.net/-/media/bof-website/projectsand-programs/defensible-space-zones-0-1-2/october-zone-0-summary-and-ruleplead.pdf?rev=927f9551dc7b4f15b8263671cca15ef2&hash=F80F2C5451370BB3C855E38CCCC516D4.

Accessed February 17, 2025.
40 Assembly Bill 38, Wood. Fire safety: low-cost retrofits: regional capacity review: wildfire mitigation.

Approved October 2, 2019. California-2019-AB38-Chaptered 411
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Actions have been taken by the state legislature and the CDI during the last three years to strengthen the property insurance market, increase insurer commitments to write more policies in wildfire-distressed areas, and provide a framework to support homeowners in securing premium reductions from insurers when they take specific actions to reduce their community- and property-level wildfire risk.41 Despite these actions, many homeowners remain vulnerable to dramatic policy premium increases, nonrenewal, or the inability to secure traditional insurance coverage.

A recent New York Times article42 cites a 2023 California Association of Realtors survey wherein “nearly 7 percent of realtors surveyed…said that they had deals fall out of escrow that year because buyers couldn’t find adequate, affordable coverage.” As further cited in the article: “The percentage of realtors reporting that they had deals fall through for lack of insurance has more than doubled since 2023, to 16.6 percent.” Unabated Growth of the California FAIR Plan
The continuing statewide insurance crisis is further demonstrated by the unabated growth in California FAIR Plan residential insurance policies. The FAIR Plan provides basic fire insurance coverage for
eligible high-risk properties when
such coverage is demonstrated by
the applicant to be unavailable in
the traditional insurance market.43
FAIR Plan coverage is limited,
relatively expensive, and is the
insurer of last resort for these
properties. During the period from
September 2023 to September
2025, the number of FAIR Plan
residential dwelling policies in
force (PIF) increased from
320,581 to 625,033 as shown at
41 California Department of Insurance. Sustainable Insurance Strategy. https://ains.assembly.ca.gov/system/files/2023-12/insurance-commissioner-ricardo-lara-californiasustainable-insurance-strategy-presentation-to-assembly-insurance-committee-12-13-2023.pdf. Accessed January 29, 2026.
42 New York Times.California Promised Insurance Relief, But Delivered Loopholes. November 1, 2025. https://www.nytimes.com/2025/11/01/us/los-angeles-california-fire-insurance-regulations.html. Accessed March 25, 2026.
43 The California FAIR Plan. https://www.cfpnet.com/. Accessed March 25, 2026.

Figure 6 Total FAIR Plan Dwelling and Commercial Policies Have Increased, September 2023 to September 2025
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Figure 6.44 FAIR Plan data for Orange County residential policies in 2022 is shown in Appendix E.

The FAIR Plan is a syndicated fire insurance pool comprised of all insurers licensed to conduct property and casualty business in California. The FAIR Plan was established by statute45 in August 1968 as an insurance placement facility and all licensed property/casualty insurers that write basic property insurance are required to be members of the FAIR Plan. The FAIR Plan issues policies on behalf of its member companies, and each member company participates in the profits, losses, and expenses of the FAIR Plan in direct proportion to its market share of business written in the state. The FAIR Plan is not a state agency or public entity; it does not receive public or taxpayer funding. As the total number of FAIR Plan policies continues to grow unabated, so does the financial strain on the overall FAIR Plan fire insurance pool.

Insurance Relief for Homeowners: Safer from Wildfires
Insurance Regulation
The first of the wildfire safety regulatory incentives was the Safer from Wildfires regulation enacted in fall 2022.46 Safer from Wildfires requires insurers to offer premium discounts based, in part, on mandatory factors including community-level wildfire risk mitigation designations and property-level wildfire risk mitigation efforts. Every action taken under Safer from Wildfires qualifies applicants and policyholders for insurance discounts.

Safer from Wildfires: Community-Level Wildfire Risk Mitigation There are two examples of community-level wildfire risk mitigation designations listed in the Safer from Wildfire regulation: 1) Fire Risk Reduction Community Listing47 approved by the Board of Forestry and Fire Protection, and 2) Firewise USA Site Designation48 approved by the National Fire Protection Association. Other examples of communitylevel wildfire risk mitigation designations include local Fire Safe Council supported by the California Fire Safe Council, Community Wildfire Protection Plan supported by the 44 Key Statistics & Data. The California FAIR Plan. https://www.cfpnet.com/key-statistics-data/. Accessed March 25, 2026.
45 California Insurance Code sections 10090 et seq. https://law.justia.com/codes/california/codeins/division-2/part-1/chapter-9/section-10090/. Accessed April 21, 2026. 46 California Code of Regulations, Title 10, Section 2644.9 47 Fire Risk Reduction Community listed by the Board of Forestry and Fire Protection pursuant to Public Resources Code Section 4290.1. https://bof.fire.ca.gov/projects-and-programs/fire-risk-reductioncommunity-list. Accessed February 10, 2026. 48 Firewise USA program managed by National Fire Protection Association (NFPA). https://www.nfpa.org/Education-and-Research/Wildfire/Firewise-USA. Accessed April 21, 2026. 413
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U.S. Fire Administration, and the Wildfire Prepared Neighborhood™ Pilot Program49 being launched by the Insurance Institute for Business & Home Safety (IBHS).

Safer from Wildfires: Property-Level Wildfire Risk Mitigation Safer from Wildfires also requires insurers to offer premium discounts based, in part, on the reduced wildfire risk resulting from each and every property-level wildfire risk mitigation action. These individual property-level wildfire risk mitigation efforts include measures addressing the immediate surroundings of a building and building hardening.

The IBHS offers homeowner guidance based on its research,50 and a property-level Wildfire Prepared Home™ designation51 that recognizes mitigation measures addressing both immediate surroundings and home hardening.

Safer from Wildfires: Property-Level Measures Addressing Immediate Surroundings - Defensible Space
The following measures are specified in Safer from Wildfires to address the immediate surroundings of a building. Each of these actions qualifies for insurance discount:
a. Clearing of vegetation and debris from under decks
b. Clearing of vegetation, debris, mulch, stored combustible materials, and any and all movable combustible objects from the area within five (5) feet of the building c. Use of only noncombustible materials in any improvements to the property, including fences and gates situated within five (5) feet of the building d. Removal or absence of combustible structures, including sheds and other outbuildings, from the area within thirty (30) feet of the building or as much of such area as is under the control of the applicant or policyholder e. Whether the property upon which the building is situated complies with state or local defensible space requirements, as applicable
Safer from Wildfires: Property-Level Building Hardening Measures The following building hardening measures are specified in Safer from Wildfires. Each of these actions qualifies for insurance discount:
a. Class-A fire rated roof
b. Enclosed eaves
49 Institute for Business & Home Safety. Wildfire Prepared Neighborhood Pilot Program. https://wildfireprepared.org/wildfire-prepared-neighborhood-pilot-program/. Accessed March 19, 2026. 50 IBHS Research. Wildland Fire Embers and Flames: Home Mitigations That Matter. April 2023. https://ibhs1.wpenginepowered.com/wp-content/uploads/Home-Mitigations-that-Matter-FINAL.pdf.

Accessed February 10, 2026.
51 Institute for Business & Home Safety. Wildfire Prepared Home: Take Proven Steps to Reduce Your Risk. https://wildfireprepared.org/. Accessed March 19, 2026. 414
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c. Fire-resistant vents
d. Multipane windows, including dual pane windows, or functional shutters, which when closed, cover the entire window and do not have openings e. At least six (6) inches of noncombustible vertical clearance at the bottom of the exterior surface of the building, measured from the ground up Safer from Wildfires: Optional Factors
The Safer from Wildfires regulation also incorporates other optional factors that are substantially related to risk of wildfire loss. These optional factors may include, but are not limited to: fuel, slope, access, aspect, structural characteristics, wind, and other community-level or property-level mitigation efforts, or designations as recommended by a state or local fire safety agency or organization as reducing wildfire risk.

Reducing Wildfire and Insurance Risk: AB888 The
California Safe Homes Grant Program
AB888 established the California Safe Homes Grant Program in October 2025 to be developed and administered by the Department of Insurance for the purpose of achieving the following goals:
(1) Reducing local and statewide wildfire losses
(2) Improving insurability and resilience of vulnerable communities (3) Home hardening of insurable properties to mitigate wildfire risk and enable consumers to get access to insurance premium incentives offered by insurance companies and in alignment with the department’s rules.

Eligible California Safe Home Grant Program applicants include qualifying individuals and qualifying cities, counties, and special districts. For individuals, grant funds may be awarded if the following criteria are met:
(1) The property of the applicant is covered by an admitted insurer or the California FAIR Plan
(2) The property of the applicant is in a ZIP Code that overlaps with a High or Very High FHSZ.
(3) The income of the applicant is no higher than the low-income limit for the county in which they reside
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As of January 1, 2026, the Department of Insurance was developing the grant application portal and planned to begin accepting California Safe Homes Grant applications in spring 2026.52
Our Shared Responsibilities
Orange County Fire Authority (OCFA)
OCFA serves all unincorporated areas of Orange County and its 23 Orange County member cities. The OCFA Board of Directors is made up of elected officials from the County and its member cities. The 11 Orange County cities that are not served by OCFA have their own city fire departments, i.e., their own fire service agencies having jurisdiction. The list of OCFA member cities and other Orange County fire service agencies is included at Appendix F.

OCFA education and outreach programs are comprehensive. Online materials and event scheduling is accessible at their website. and a staff of seven community education specialists and a community education supervisor are available to coordinate and attend events. The Wildfire Preparedness53 webpages cover multiple topic areas including:
 Ready, Set, Go!
 Home Assessment
 Defensible Space Disclosure
Inspection
 Pest Control (tree pests
management)
 Immediate Zone
 FHSZ Maps
 Insurance
 Contractors (specializing in
wildfire preparedness)
OCFA takes a systematic approach to mitigating risk through its Community Risk Reduction Department (formerly Fire Prevention). OCFA Community Risk Reduction (CRR) staff identifies community risks, collaborates with developers, agencies, and residents to build and maintain safe communities.54 In addition to the extensive Wildland Preparedness webpages, the CRR department webpages include a section on Wildland & Vegetation with specific information for homeowners in wildland interface areas. The CRR department supports homeowners’ risk reduction efforts by providing an online 52 CalMatters. California homeowners could qualify for grants for new roofs and fire safety. January 1, 2026. https://calmatters.org/economy/2026/01/california-safe-homes-grants/. Accessed February 17, 2026.
53 Orange County Fire Authority. Wildfire Preparedness. https://ocfa.org/ready-set-go/. Accessed February 24, 2026.
54 Orange County Fire Authority. About Us. Departments. https://ocfa.org/aboutus/departments/community-risk-reduction/. Accessed February 24, 2026. 416
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home assessment tool55 that covers the basics of both home hardening and defensible space principles. The online assessment tool guides the homeowner through a series of questions and ends with the opportunity to receive an emailed report providing recommendations for fire mitigation strategies. Before beginning the online questionnaire, homeowners are given the option to request an in-person home assessment with an OCFA Fire Prevention Specialist.

Fire Hazard Severity Zone Survey Results - Local Governments and Fire Service Agencies
This investigation included a survey of Orange County cities to gather information about their efforts to reduce risk of wildfire in WUI areas and their outreach programs for homeowners. The Grand Jury invited 34 Orange County cities to respond to the survey and received 28 responses. Of these 28 responses, 20 were from various city departments, and eight were from city fire departments.

The Orange County cities that responded to the survey reported having from zero to 100% of their city land area within Moderate, High, or Very-High FHSZs. Reported land areas may not match each individual city’s FHSZ map. A summary of the survey results for city area reported in FHSZs are shown at Figure 7:

55 Orange County Fire Authority. Home Assessment Tool. https://ocfa.org/ready-set-go/homeassessment/. Accessed February 24, 2026. 417
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City Area Reported in
Fire Hazard Severity Zones
% of
Responding
Cities
# of
Responding
Cities
No area in FHSZ 21% 6
Some area in FHSZ (not quantified) 14% 4
2% to 25% in FHSZ 25% 7
26% to 50% in FHSZ 18% 5
51% to 75% in FHSZ 11% 3
76% to 100% in FHSZ 11% 3
Figure 7 City Area Reported in Fire Hazard Severity Zones 11 of 28 responding cities reported having achieved or have applications pending approval for community-level wildfire risk mitigation designations. Achievement of community-level wildfire risk mitigation designations is a significant way local governments, local fire departments, unincorporated areas, and special districts can reduce wildfire and insurance risk for their residents. A summary of the survey results for cities that have achieved or applied for community-level wildfire risk mitigation designation are shown at Figure 8.
21%
14%
25%
18%
11%
11%
City Area Reported in Fire Hazard Severity Zones
No area in FHSZ Some area in FHSZ (not quantified)
2% to 25% in FHSZ 26% to 50% in FHSZ
51% to 75% in FHSZ 76% to 100% in FHSZ
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Achieved, Applied for, or Plan to Apply
for a Community-Level Wildfire Risk
Mitigation Designations
% of
Responding
Cities
# of
Responding
Cities
Yes 39% 11
No 61% 17
In progress 0% 0
Figure 8 Cities Reporting Achieved, Applied for, or Plan to Apply for a Community-Level Wildfire Risk Mitigation Designation
16 of 28 responding cities reported having an outreach program that provides information and guidance to property owners on wildfire risk mitigation measures and grant programs. A summary of the survey results on cities reporting whether they have these outreach programs in place are shown at Figure 9. These outreach programs are needed to help homeowners achieve awareness and ability to plan and take actions required to reduce individual and community wildfire and insurance risk. 39%
61%
0%
Cities That Have Achieved, Applied for, or Plan to
Apply for a Community-level Wildfire Risk
Mitigation Designation
Yes No In progress
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Outreach Program to Provide Information
and Guidance to Property Owners on
Wildfire Risk Mitigation Measures and
Grants
% of
Responding
Cities
# of
Responding
Cities
Yes 57% 16
No 29% 8
In progress 14% 4
Figure 9 Cities Reporting Outreach Program to Provide Information and Guidance to Property Owners on Wildfire Risk Mitigation Measures and/or Grants
11 of the 16 cities reported having their own outreach programs, are Orange County Fire Authority (OCFA) member cities, and referred to one or more of OCFA’s comprehensive programs and resources (see Figure 10). While OCFA member cities’ use of OCFA outreach programs and resources is efficient and beneficial to their residents, the availability of a direct local contact at the city who is knowledgeable and can provide even a minimum of information and guidance on wildfire mitigation resources would help remove barriers to homeowners’ actions to reduce wildfire risk. 29% 57%
14%
Cities That Have an Outreach Program to Provide
Information and Guidance to Property Owners on
Wildfire Risk Mitigation Measures and/or Grants
Yes No In progress
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Orange County Grand Jury 2025-2026 Page 29 of 74
Outreach Program Refers to Orange
County Fire Authority Programs and
Resources
% of
Responding
Cities
# of
Responding
Cities
Yes 55% 11
No 45% 9
Figure 10 Cities Reporting Their Outreach Program Refers to Orange County Fire Authority Outreach Programs and Resources
Orange County Homeowners Associations Play an Important Role According to the California Community Managers Association, there are 4,927 homeowners associations (HOA) in Orange County, and 82% of Orange County residents live in HOAs.56 These HOAs communicate directly with their residents, and thus have the ability to mobilize people and resources to effectively achieve and maintain community-level wildfire risk mitigation designations and reduce their residents’ homeowner insurance premiums.

HOAs are the local contact for their residents, and through their architectural and landscape standards can effectively communicate information on home hardening and defensible space requirements. HOAs often host community leaders and local fire service agencies for fire prevention workshops and other outreach events for HOA residents. Their local contact function can also provide information and organize opportunities to volunteer and support local fire prevention overall through activities such as Citizens Brigade57 and Bike Brigade.58 These HOA-hosted workshops, outreach 56 California Association of Community Managers. Estimated number of residents living in HOAs based on average of 2010-2014 Census reports of 3.04 persons per household. www.cacm.org. 57 Weathered: After the LA Firestorm. PBS, KCET, 2026.
58Ellis, Rebecca. Los Angeles Times. January 10, 2026. Topanga Canyon felt abandoned. So residents are banding together to fight fire. https://www.latimes.com/california/story/2025-01-10/topanga-canyonfelt-abandoned-so-residents-are-banding-together-to-fight-fire. Accessed March 6, 2026. 55%
45%
Cities With an Outreach Program That Refers
To OCFA Programs and Resources
Yes No
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events, and local contact functions are effective means to help homeowners achieve awareness and ability to plan and take actions necessary to reduce wildfire and insurance risk.

HOAs often have significant responsibility for large open space areas of Orange County that can total hundreds of acres of fuel modification zones. The HOAs’ collaborative role with local fire service agencies in managing these fuel modification zones is as important as their role with HOA residents in the shared responsibilities for wildfire and insurance risk reduction.

Homeowners are Responsible for Reducing Home Ignition Potential Fire science research has demonstrated that ignition-resistant homes can survive wildfire without firefighter protection.59 Where there are enough ignition-resistant homes, the WUI fire chain of events can be broken to prevent fire disasters, and these homes can escape destruction or survive undamaged. Taking the actions necessary to make homes ignition resistant to windborne embers is the responsibility of homeowners. The role of the homeowner is critical in the shared responsibilities for reducing wildfire and insurance risk in WUI areas.

Homeowners need support from local governments and fire service agencies to achieve the awareness and ability to plan and take actions necessary to make homes ignition resistant. This support is most effectively delivered through local outreach programs; effective communications in outreach programs have been found to be the more local, personalized efforts such as one-on-one consultation with fire experts, townhall events, small workshops, tours, and demonstrations.60 For example, provision of in-person or online home assessments that result in written recommendations to homeowners for specific wildfire risk mitigation actions. Documentation of the recommended actions taken can then be presented to homeowners’ insurers for the insurance discounts required by Safer from Wildfires.

Safer from Wildfires home hardening and defensible space measures protect homes and communities, save homeowners, local governments, and fire authorities as well as insurance companies from catastrophic loss while also providing discounts for homeowners’ insurance premiums.

Reducing wildfire risk in the wildland-urban interface helps ensure that insurance coverage remains accessible. California’s wildfire and insurance crisis demands coordinated action from local governments and fire authorities, communities, and homeowners to reduce risk of wildfire.
59 Cohen, The Wildland-Urban Interface Fire Problem, 23. 60 Gammanco, The Return of Conflagration, 34.
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FINDINGS
In accordance with California Penal Code Sections 933 and 933.05, the 2025-2026 Orange County Grand Jury requires (or, as noted, requests) responses from each agency affected by the findings presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court.

Based on its investigation “Wildfires Hit Home” the 2025-2026 Orange County Grand Jury has arrived at the following six findings:

F1 More frequent and severe wildfires driven by increasingly hotter, drier, and windier conditions in the Orange County wildland-urban interface are escalating impacts on financial and non-financial resources. Among the financial costs are dramatic increases in homeowners’ insurance premiums, nonrenewals, and inabilities to obtain insurance.

F2 Actions that address conditions in the home ignition zone to significantly reduce ignition potential can prevent a community wildland-urban interface fire disaster or suburban conflagration.

F3 Expanded engagement with the community to raise awareness and provide support regarding home hardening and defensible space will increase effectiveness of wildfire risk mitigation and insurance risk reduction efforts.

F4 Achievement of community-level and property-level wildfire risk mitigation designations (such as Firewise USA Site, Fire Risk Reduction Community or Insurance Institute for Business and Home Safety certification) lessens wildfire risk and helps reduce insurance premium costs.

F5 All county residents should be made aware that Safer from Wildfire regulation requires insurers to provide discounts to homeowners and communities that implement home hardening and defensible space measures regardless of whether a property is located within a Fire Hazard Severity Zone.

F6 AB888, California Safe Homes Grant Program, provides financial assistance to eligible homeowners, cities, counties, and special districts for home hardening and defensible space measures. Applying for and using these grant funds will reduce wildfire losses and improve insurability and resilience of vulnerable communities.
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RECOMMENDATIONS
In accordance with California Penal Code Sections 933 and 933.05, the 2025-2026 Orange County Grand Jury requires (or, as noted, requests) responses from each agency affected by the recommendations presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court.

Based on its investigation described herein, the 2025-2026 Orange County Grand Jury makes the following recommendations:

R1 By December 31, 2026, the Orange County Board of Supervisors should plan to host a county-wide annual wildfire prevention fair for the County and all cities and fire service agencies, including Orange County Fire Authority, to showcase respective wildfire outreach programs, and for the first annual wildfire prevention fair to be scheduled no later than December 31, 2027. [F1, F2, F3, F4, F5, F6]
R2 By December 31, 2026, cities and fire service agencies, including Orange County Fire Authority should commit to participation in a county-wide annual wildfire prevention fair planned by the Orange County Board of Supervisors to showcase wildfire prevention outreach programs. [F1, F2, F3, F4, F5, F6]
R3 By December 31, 2026, cities, unincorporated areas, special districts, and fire service agencies in High and Very-High Fire Hazard Severity Zones should initiate planning activities to achieve community-level wildfire risk mitigation designations and/or establish a local Fire Safe Council within one year. [F4, F5, F6]
R4 By December 31, 2026, to ensure city residents are engaged and aware of wildfire risk reduction resources, OCFA member and non-member cities should provide information, develop their own outreach program, and establish a direct contact person(s) for their residents. This is in addition to whatever referrals or references made to OCFA outreach programs. [F1, F2, F3, F4, F5, F6]

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COMMENDATIONS
Yorba Linda Water District
The 2025-26 Orange County Grand Jury extends its special thanks to the Yorba Linda Water District (YLWD) for providing two tours of its facilities, including their non-portable Heli-Hydrants™. The YLWD with foresight and planning installed three Heli-Hydrant™ facilities. One of the tanks was the first
to be installed in Southern California.

These innovative tanks enable fire
department helicopters to access water
more quickly and efficiently, improving
helicopter firefighting capabilities in
areas where wildland vegetation and
human development intersect, such as
in the Yorba Linda service area.

Newport Beach Fire Department
The 2025-2026 Orange County Grand Jury acknowledges and recognizes the Newport Beach Fire Department for their outstanding and continuing efforts to lead the Southern California region in dedication and adherence to the highest level of fire protection and safety. They are a role model for other cities in Orange County and elsewhere. In 2024, the Insurance Services Office honored Newport Beach Fire Department as a Top Tier Class 1 fire agency through its Public Protection Classification Program Newport Beach Fire Department shares the Top Tier Class 1 designation with only about 1% of the top fire departments nationwide.

The Grand Jury particularly commends Newport Beach Fire Prevention leadership, who generously dedicated time and expertise to share insights from their extensive knowledge of fire science.

Source: 2025-2026 Grand Jury
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REQUIRED RESPONSES
California Penal Code Section 933 requires the governing body of any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court). Additionally, in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official (e.g., District Attorney, Sheriff, etc.), such elected County official shall comment on the findings and recommendations pertaining to the matters under that elected official’s control within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors.

The following excerpts from the California Penal Code provide the requirements for public agencies to respond to the Findings and Recommendations of this Grand Jury report:
§933
(c) No later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body, and every elected county officer or agency head for which the grand jury has responsibility pursuant to Section 914.1 shall comment within 60 days to the presiding judge of the superior court, with an information copy sent to the board of supervisors, on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervises or controls. In any city and county, the mayor shall also comment on the findings and recommendations. All of these comments and reports shall forthwith be submitted to the presiding judge of the superior court who impaneled the grand jury. A copy of all responses to grand jury reports shall be placed on file with the clerk of the public agency and the office of the county clerk, or the mayor when applicable, and shall remain on file in those offices. One copy shall be placed on file with the applicable grand jury final report by, and in the control of the currently impaneled grand jury, where it shall be maintained for a minimum of five years.
§933.05.
(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following:
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(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons, therefore.
(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.
(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation, therefore.
(c) However, if a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decision-making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department.

The Orange County Grand Jury requires the following responses:

Orange County Board of Supervisors 90 Day Response Required Findings: F1, F2, F3, F4, F5, F6
Recommendations: R1, R2, R3
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Orange County Fire Authority Board of Directors 90 Day Response Required Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3
City of Aliso Viejo 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4
City of Anaheim 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4
City of Brea 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4
City of Buena Park 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4
City of Costa Mesa 90 Day Response Requested
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R4
City of Cypress 90 Day Response Requested
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R4

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City of Dana Point 90 Day Response Requested
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R4
City of Fountain Valley 90 Day Response Requested
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R4
City of Fullerton 90 Day Response Requested
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R4
City of Garden Grove 90 Day Response Requested
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R4
City of Huntington Beach 90 Day Response Requested
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R4
City of Irvine 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4
City of La Habra 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4

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City of La Palma 90 Day Response Requested
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R4
City of Laguna Beach 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4
City of Laguna Hills 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4
City of Laguna Niguel 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4
City of Laguna Woods 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4
City of Lake Forest 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4
City of Los Alamitos 90 Day Response Requested
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R4

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City of Mission Viejo 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4
City of Newport Beach 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4
City of Orange 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4
City of Placentia 90 Day Response Requested
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R4
City of Rancho Santa Margarita 90 Day Response Required Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4
City of San Clemente 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4
City of San Juan Capistrano 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4

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City of Santa Ana 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4
City of Seal Beach 90 Day Response Requested
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R4
City of Stanton 90 Day Response Requested
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R4
City of Tustin 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4
City of Villa Park 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4
City of Westminster 90 Day Response Requested
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R4
City of Yorba Linda 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4

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Acronyms
AB Assembly Bill
B Brush
BCR Benefit Cost Ratio
CAL FIRE California Department of Forestry and Fire Protection CAL OES California Governor’s Office of Emergency Services CC Contract Counties
CDI California Department of Insurance
CRR Community Risk Reduction
CWUIC California Wildland-Urban Interface Code
FAIR Fair Access to Insurance Requirement
FEMA Federal Emergency Management Agency
FHDS Fire Hardening and Defensible Space
FHSZ Fire Hazard Severity Zone
G Grass
HOA Homeowners Association
IBHS Insurance Institute for Business & Home Safety®
IWUIC International Wildland-Urban Interface Code
LRA Local Responsibility Area
NFPA National Fire Protection Association
OCFA Orange County Fire Authority
P&C Property and Casualty
PIF Policies in Force
SB Senate Bill
SRA State Responsibility Area
USDA United States Department of Agriculture
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USFS United States Forest Service
WRAP Wildfire Risk Reduction and Asset Protection
WUI Wildland-Urban Interface
YLWD Yorba Linda Water District

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Glossary
Aspect Compass direction that a slope or terrain surface faces, influencing sunlight exposure, temperature, and vegetation.

Catastrophic loss A sudden, severe, and often, widespread event resulting in extreme financial, loss of life, or permanent injury.

Class-A roof Highest fire resistance classification for a roof assembly, signifying its effectiveness against severe fire exposure.

Conflagration A particularly large and destructive fire; in the built environment, this may describe a fire that spreads via structure to structure.

Defensible space Buffer zone created and managed between buildings and surrounding wildland area to protect buildings from embers, flames, or heat, slow or stop wildfire spread, and help ensure safety of firefighters.

Ember Small piece of burning or glowing fragment from a fire.

Ember-resistant Refers to features that reduce the risk of ignition from embers.

Ember spot ignition Refers to one of the principal ways homes can ignite during extreme WUI fires, by embers directly on a house.

Firebrands Refers to airborne embers; pieces of burning wood.

Firewise USA Program administered by NFPA® and co-sponsored by the USDA Forest Service and the National Association of State Foresters.

Fuel modification zone Designated area where vegetation is managed to reduce wildfire risk for protection of homes and communities.

Fuel reduction Management of vegetation to reduce risk of wildfires.

Heli-Hydrant™ Patented rapid-fill water tank system for helicopter firefighting operations.

Home hardening Utilizing building materials, construction methods and maintenance practices to increase resistance to ignition from fire exposure.

Home ignition potential Susceptibility of a home and its immediate surroundings within 100 feet (thirty meters) to ignite during a wildfire.

Home ignition zone A home and its immediate surroundings within 100 feet (thirty meters).
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Ignition Process leading to the onset of a sustained combustion reaction; “start of a fire.”
Ignition-resistant Refers to materials and construction methods designed to resist ignition or sustained flaming combustion; difficult to catch fire when exposed to direct flame or heat.

Wildland fuels Burnable plant materials that can act as fuel during wildfires, including grasses, shrubs, trees, dead leaves, and fallen pine needles.

Zone 0 Ember-resistant defensible space within the first five feet around a structure, required for properties in State Responsibility Area or Very High Fire Hazard Severity Zone in the Local Responsibility Area.

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Bibliography
2025 California Wildland-Urban Interface Code, Title 24, Part 7, 2024 IWUIC Amended, Effective Date: Jan 01, 2026. Accessed January 22, 2026. https://codes.iccsafe.org/content/CAWUIC2025P2.
2025 California Wildland-Urban Interface Code, Title 24, Part 7, 2024 IWUIC Amended, Effective Date: Jan 01, 2026. Accessed January 22, 2026. https://codes.iccsafe.org/content/CAWUIC2025P2/chapter-6-fire-protectionrequirements.

Artemis. “Golden Bear Re Ltd. (Series 2026-1).” Artemis Deal Directory. Accessed February 1, 2026. https://www.artemis.bm/deal-directory/golden-bear-re-ltd-series-2026- 1/.

Austin, Troy, et al. “A Spatial Analysis of Structure Loss and Survival Resulting from the 2018 Camp Fire in Paradise, California.” Frames Resource Catalog. February 19, 2020.

Accessed November 25, 2025. https://www.frames.gov/catalog/60818 Becker, Jo. “California Promised Insurance Relief, But Delivered Loopholes.” New York Times. November 1, 2025. Accessed November 25, 2025.
https://www.nytimes.com/2025/11/01/us/los-angeles-california-fire-insuranceregulations.html CAL FIRE. Office of the State Fire Marshal. Fire Hazard Severity Zones. Fire Hazard Severity Zones in Local Responsibility Area>Phase 4>Orange> https://calfire.app.box.com/s/wahuw9ny7cgn89xpxh7092ur50r1pwvj/folder/3126694582 15 CAL FIRE. Top 20 Deadliest California Wildfires. Accessed October 9, 2025. https://34c031f8-c9fd-4018-8c5a-4159cdff6b0d-cdn-endpoint.azureedge.net/- /media/calfire-website/our-impact/fire-statistics/top-20-deadliest-cawildfires.pdf?rev=0d4612ff0cb447fb827fa0ac6c309d3d&hash=34718653A215C315C5E 3CB5BB6A4E550
CAL FIRE. Top 20 Most Destructive California Wildfires. Accessed October 9, 2025. https://34c031f8-c9fd-4018-8c5a-4159cdff6b0d-cdn-endpoint.azureedge.net/- /media/calfire-website/our-impact/fire-statistics/top-20-destructive-cawildfires.pdf?rev=737a1073f76947b4a3bfb960b19f44c7&hash=7CA02D30D9BF46A32 D5D98BD108BA26A
California Board of Forestry and Fire Protection. Fire Risk Reduction Community List.

Accessed February 16, 2026. https://bof.fire.ca.gov/projects-and-programs/fire-riskreduction-community-list. 437
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California Code of Regulations Title 14, Section 1280.
https://regulations.justia.com/states/california/title-14/division-1-5/chapter-7/subchapter3/article-1/section-1280/ California Department of Insurance – Wildfire Risk Reduction Regulations California Department of Insurance. CAL FIRE hazard maps do not affect insurance rates or availability. Accessed February 1, 2026. https://www.insurance.ca.gov/0400- news/0102-alerts/2025/CAL-FIRE-hazard-maps-do-not-affect-insu.cfm The California FAIR Plan. https://www.cfpnet.com/
California Government Code 51175-89. https://law.justia.com/codes/california/codegov/title-5/division-1/part-1/chapter-6-8/section-51175/ California Insurance Code § 2644.9
California Insurance Code sections 10090 et seq.
https://law.justia.com/codes/california/code-ins/division-2/part-1/chapter-9/section10090/ California Public Resources Code 4201-4204.
https://law.justia.com/codes/california/code-prc/division-4/part-2/chapter-1/article-9/ California Public Resources Code Division 4 - Forests, Forestry and Range and Forage Lands Part 2 - Protection of Forest, Range and Forage Lands Chapter 3 - Mountainous, Forest-, Brush- and Grass-Covered Lands Section 4291. Accessed January 14, 2026. https://law.justia.com/codes/california/code-prc/division-4/part-2/chapter-3/section4291/.

California’s Sustainable Insurance Strategy. Accessed January 22, 2026. https://boe.ca.gov/meetings/pdf/2024/202402-CA-Insurance-Martinez.pdf.

Center for Critical Urban and Environmental Studies. University of California, Santa Cruz. Wildland Urban Interface (WUI) Research for Resilience: Addressing California’s Climate, Conservation & Housing Crises. Accessed November 25, 2025. https://criticalurbanenvironments.ucsc.edu/projects/wildland-urban-interface-wuiresearch-for-resilience/.

Cohen, Jack. The Wildland-Urban Interface Fire Problem: A Consequence of the Fire Exclusion Paradigm. Forest History Today. Fall 2008: 20-26.

Copley, Michael. “California Fire Victims Say Fighting with Insurance Companies Has Delayed Rebuilding.” NPR News, January 13, 2026. https://www.kanw.org/nprnews/2026-01-13/california-fire-victims-say-fighting-with-insurance-companies-hasdelayed-rebuilding. 438
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Edelson, Josh. [Cover page lower left image of a home survives Palisades Fire].

Photograph. Agence France-Presse / Getty Images. Accessed March 25, 2026.

Edelson, Josh. [Cover page lower right image of a home burns in Paradise, California during the Camp Fire]. Photograph. “In Camp Fire, Newer Houses Were Much Less Damaged Accessed.” The Sacramento Bee. April 11, 2019. Accessed March 25, 2026. https://www.kqed.org/science/1940012/newer-houses-much-less-damaged-in-camp-fire Executive Order N-13-23. https://www.gov.ca.gov/wp-content/uploads/2023/09/9.21.23- Homeowners-Insurance-EO.pdf
Executive Order N-18-25. Accessed January 13, 2026. https://www.gov.ca.gov/wpcontent/uploads/2025/02/2025-2-6.Urban-Conflagration-EO-ATTESTED.pdf.

Fallon, Patrick T. [A House a hill with fire and smoke]. Photograph. Agence FrancePresse / Getty Images. Accessed March 25, 2026.

Firewise USA program managed by National Fire Protection Association (NFPA). https://www.nfpa.org/Education-and-Research/Wildfire/Firewise-USA Hall, Alex – Journal of Environmental Research, September 8, 2015.

Gammanco, Ian M., et al. The Return of Conflagration in Our Built Environment.

Insurance Institute for Business and Home Safety. September 2023. Accessed March 20, 2026. https://ibhs.org/wpcontent/uploads/Suburban_Wildfire_Conflagration_WhitePaper.pdf.

Hayrikian, Mashall A.. Engineering and Environmental Implications of the LA wildfires:

Eaton and Palisades Fire. Marshall Geoscience – Geotechnical Engineering Laboratory Services. http://www.marshallgeo.com/geotechnical-engineering/engineering-andenvironmental-implications-of-la-wildfires-eaton-palisades-fires/.

Instagram. [Cover page upper left image of Wildland-Urban Interface at Rancho Mission Viejo]. Photograph. Accessed March 25, 2026.
https://www.instagram.com/popular/rancho-mission-viejo-ca/.

Instagram. [Rancho Mission Viejo.com]. Photograph. Accessed March 25, 2026. https://www.instagram.com/p/CsmLvqlMqm2/?utm_source=ig_web_copy_link&igshid=M zRlODBiNWFlZA%3D%3D.

IBHS Research. Wildland Fire Embers and Flames: Home Mitigations That Matter. April 2023. Accessed February 10, 2026. https://ibhs1.wpenginepowered.com/wpcontent/uploads/Home-Mitigations-that-Matter-FINAL.pdf. 439
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Institute for Business & Home Safety. Wildfire Prepared Neighborhood Pilot Program.

Accessed March 19, 2026. https://wildfireprepared.org/wildfire-prepared-neighborhoodpilot-program/.

Jacobo, Julia and Ginger Zee, Ginger. A perfect storm of weather and climate conditions led to the severity of the California fires, ABC News, Accessed January 8, 2026, http://www.abcnews.com/US/perfect-storm-weather-climate-conditions-severitycalifornia-fires/story?id=117468072 Kasler, Dale and Reese, Phillip. “In Camp Fire, Newer Houses Were Much Less Damaged.” The Sacramento Bee. April 11, 2019, updated January 9, 2024. Accessed March 4, 2026. https://www.kqed.org/science/1940012/newer-%D8%8Cuses-muchless-damaged-in-camp-fire.

McChrystal Group. After-Action Review of Alert Notification Systems and Evacuation Policies for the Eaton and Palisades Fires. Los Angeles County Board of Supervisors, September 25, 2025. https://lacounty.gov/2025/09/25/la-county-releases-after-actionreview-of-alert-notification-systems-and-evacuation-policies-for-the-eaton-andpalisades-fires/.

Miller, Rebecca. “Residents Reducing Wildfire Risks: Findings from the NFPA® Firewise® Sites of Excellence Pilot, 2019-2020,” May 2022. NFPA® Firewise USA®:

Residents Reducing Wildfire Risks. https://www.nfpa.org/education-andresearch/wildfire/firewise-usa/firewise-sites-of-excellence National Institute of Building Science. “Natural Hazard Mitigation Saves.” 2019. https://nibs.org/wp-content/uploads/2025/04/NIBS_MMC_MitigationSaves_2019-1.pdf Orange County Fire Authority. Resource Library. Accessed March 8, 2026. https://ocfa.org/documents/.

Orange County Grand Jury (2025 – 2026). [OCFA helicopter approaching Yorba Linda Water District Heli-Hydrant™]. Photograph, January 27, 2026. Unpublished internal documentation.

Orange County Grand Jury (2025 – 2026). [Cover page upper right image of Orange County Fire Authority helicopter water drop]. Photograph, January 27, 2026.

Unpublished internal documentation.

Polacek, Andy. 2018. “Catastrophe Bonds: A Primer and Retrospective.” Chicago Fed Letter, no. 405. Federal Reserve Bank of Chicago.
https://www.chicagofed.org/publications/chicago-fed-letter/2018/405.

Rojanasakul, Jira, & Brown, Claire. “America’s Home Insurance Affordability Crunch:

See What’s Happening Near You.” New York Times. November 19, 2025. Accessed 440
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November 25, 2025. https://www.nytimes.com/interactive/2025/11/19/climate/homeinsurance-premiums-costs-usa.html?smid=nytcore-android-share San Diego County Grand Jury. “Fire Country: Forging a United Defense in the Backcountry,” SanDiegoCounty.gov. May 15, 2025.
https://www.sandiegocounty.gov/content/dam/sdc/grandjury/reports/2024-2025/firecountry/Fire-%20Final%20Filed%20Version.pdf Senate Bill 504. Accessed January 14, 2026.
https://legiscan.com/CA/text/SB504/id/3018449.

State of California Board of Forestry and Fire Protection. Accessed January 14, 2026. https://bof.fire.ca.gov/projects-and-programs/defensible-space-zones-0-1-and-2.

The California FAIR Plan. Key Statistics & Data. Accessed March 8, 2026. https://www.cfpnet.com/key-statistics-data/
Thompson, Andrea. How the Ferocious Santa Ana Winds are Fueling the Palisades Fire. Scientific American. Accessed January 7, 2026. http://www.scientificamerican.com United Policyholders – WRAP Resource Center and Safer from Wildfires Initiative U.S. Fire Administration. What is the WUI? Accessed November 25, 2025. https://www.usfa.fema.gov/wui/what-is-the-wui/
Weathered: After the LA Firestorm. Directed by Trip Jennings. Presented by Maiya May.

PBS, 2026. 56 min.

Wildland-Urban Interface. Forest Service, U.S. Department of Agriculture. Accessed January 12, 2026. https://research.fs.usda.gov/nrs/fire/wui.

Yufang, Jin, et al. Identification of two distinct fire regimes in Southern California:
implications for economic impact and future change. Environmental Research Letters, Volume 1, Number 9. IOP Science, September 8, 2015. Accessed January 9, 2026. https://iopscience.iop.org/article/10.1088/1748-9326/10/9/094005. “ZIP Codes in Orange County, California.” Felt.com. Accessed November 11,2025. https://felt.com/map/ZIP-Codes-in-Orange-County-CaliforniaGX3e19BKrS5uwCICY3r5gFD?loc=33.6408,-117.7804,9z. 441
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Appendix A
CAL FIRE Wildfire Data

Source: CalFire Redbook Data
Figure 11 Top 20 Deadliest California Wildfires
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Source: CalFire Redbook Data
Figure 12 Top 20 Most Destructive California Wildfires

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Figure 13 Large Fires 300 Acres and Greater - State and Contract Counties Direct Protection Area Figure 14 Orange County Wildfires by Size

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Appendix B
Safer from Wildfires Flyer
Figure 15 Safer from Wildfires Flyer, Page 1
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Figure 16 Safer from Wildfires Flyer, Page 2

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Appendix C
Fire Hazard Severity Zone Map of Orange County
Figure 17 Fire Hazard Severity Zone Map of Orange County

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Appendix D
Figure 18 Fire Hardening and Defensible Space Disclosure, Page 1 448
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Figure 19 Fire Hardening and Defensible Space Disclosure, Page 2 449
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Appendix E
California Department of Insurance Data
Figure 20 California Property and Casualty Insurance Company Homeowners Premium and Loss 450
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Note: P. O. Boxes are excluded from this list. Data is for calendar year 2022 and includes homeowners (excluding condominium), mobile home, dwelling fire owner- and tenant-occupied insuring structures with four or less units.

Source: California Department of Insurance
Figure 21 FAIR Plan Data for Orange County Zip Codes 90620 - 92679 451
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Note: P. O. Boxes are excluded from this list. Data is for calendar year 2022 and includes homeowners (excluding condominium), mobile home, dwelling fire owner- and tenant-occupied insuring structures with four or less units.

Source: California Department of Insurance
Figure 22 FAIR Plan Data for Orange County Zip Codes 92680 – 92899 452
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Appendix F
OCFA and Covered Cities
Figure 23 Orange County Fire Authority Covered Cities
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Figure 24 Orange County Fire Jurisdictions
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Appendix G
Ready, Set, Go!, Zone 0 At-A-Glance and Links
Figure 25 Ready, Set Go! Flyer for Immediate Zone
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Figure 26 Ready, Set, Go! Flyer on Defensible Space
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Figure 27 Ready, Set, Go! Flyer for Home Hardening, Page 1 457
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Figure 28 Ready, Set, Go! Flyer for Home Hardening, Page 2 458
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Figure 29 Ready, Set, Go! Flyer on Vegetation Management 459
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Figure 30 Ready, Set, Go! On Be Ember Aware
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Figure 31 Ready, Set, Go! Flyer on Home Assessment
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Figure 32 Ready, Set, Go! Flyer on Wildfire Home Risk Assessment, Page 1 462
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Figure 33 Ready, Set, Go! Flyer on Wildfire Home Risk Assessment, Page 2 463
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Figure 34 Zone 0 At-A-Glance, Page 1
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Figure 35 Zone 0 At-A-Glance, Page 2
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Links
Immediate Zone
https://storageocfaprod001.blob.core.windows.net/blobocfaprod01/2025/12/ImmediateZone-2025.pdf Defensible Space
https://storageocfaprod001.blob.core.windows.net/blobocfaprod01/2025/03/OCFA-RSGDefensible-Space-1-1.pdf Home Hardening
https://storageocfaprod001.blob.core.windows.net/blobocfaprod01/2025/12/HomeHardening-2025.pdf Vegetation Management
https://storageocfaprod001.blob.core.windows.net/blobocfaprod01/2026/01/OCFA-RSGVegetation-Management.pdf Be Amber Aware
https://storageocfaprod001.blob.core.windows.net/blobocfaprod01/2025/07/OCFA-RSGBe-Ember-Aware-688b04d7e4fb9.pdf Home Assessment
https://storageocfaprod001.blob.core.windows.net/blobocfaprod01/2025/12/HomeAssessment-2025.pdf Wildfire Home Risk Assessment
https://storageocfaprod001.blob.core.windows.net/blobocfaprod01/2025/07/OCFA-RSGHome-Assessment-Form-688b05b09d57e.pdf Zone 0 At-A-Glance
https://34c031f8-c9fd-4018-8c5a-4159cdff6b0d-cdn-endpoint.azureedge.net/- /media/calfire-website/prepare/zone-0-at-a-glance.pdf
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Attachment 3
RESOLUTION NO. 26-132

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, APPROVING THE CITY’S

RESPONSE TO FINDINGS AND RECOMMENDATIONS IN

THE ORANGE COUNTY GRAND JURY REPORT,
“WILDFIRES HIT HOME”
WHEREAS, on May 13, 2026, the City of San Clemente received a copy of the 2025- 2026 Orange County Grand Jury report, “Wildfires Hit Home”; and WHEREAS, the report focuses on wildfire risk reduction through home hardening, defensible space, community preparedness, and related insurance impacts; and WHEREAS, California Penal Code Section 933 requires the City to provide a response to each of the findings and recommendations in the report; and WHEREAS, California Penal Code Section 933.05 specifies the manner in which the responses and comments on the findings and recommendations are to be made; and WHEREAS, the City values the opportunity to respond to the report, share its perspective, and provide firsthand knowledge to each of the issues requested by the Grand Jury; and
WHEREAS, the responses must be submitted to the Presiding Judge of the Superior Court by August 18, 2026; and
WHEREAS, the City Council has reviewed the report.

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

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

SECTION 2. That the Mayor is authorized and directed to respond to the findings and recommendations noted in the report by submitting a letter to the Presiding Judge of the Superior Court by August 18, 2026 in substantially the same form as attached to this Resolution as Exhibit A, which is incorporated fully herein by this reference.

SECTION 3. 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 ____________________, _______. 468
Resolution No. 26-132
ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, Mayor of the City of San Clemente, California San Clemente, California

469
Resolution No. 26-132

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. 26-132 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
____________________________
Elizabeth A. Mitchell, City Attorney

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Resolution No. 26-132

EXHIBIT A

OFFICE OF THE MAYOR

AND CITY COUNCIL

Rick Loeffler
Mayor
Steve Knoblock
Mayor Pro Tem
Victor Cabral
Mark Enmeier
Zhen Wu

CITY MANAGER

Andy Hall
910 Calle Negocio
San Clemente, CA 92673
Phone: (949) 361-8200
“The Spanish Village
by the Sea”
CELEBRATING 90YEARS OF INCORPORATION
August 11, 2026
The Honorable Sheila F. Hanson,
Presiding Judge of the Superior Court
Orange County Grand Jury
700 Civic Center Drive West
Santa Ana, CA 92701
Subject: Report of the Orange County Grand Jury - “Wildfires Hit Home” Dear Presiding Judge Hanson,
The City of San Clemente (City) appreciates the time and effort the Grand Jury spent on the development of their report, “Wildfires Hit Home”.

The City Council has reviewed the report and authorized the attached response to the findings and recommendations noted in the report. The City values the opportunity to respond to the report, share our perspective, and provide firsthand knowledge to each of the issues requested by the Grand Jury.

If the City of San Clemente can provide additional information or clarification of our response, please do not hesitate to contact City Manager Andy Hall at [email protected].

Sincerely,
Rick Loeffler, Mayor City of San Clemente
Enclosure: City of San Clemente’s Response to Findings and Recommendations
cc: Orange County Grand Jury
City of San Clemente Council Members
Andy Hall, City Manager

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Resolution No. 26-132
City of San Clemente Responses to Finding & Recommendations: 2025-2026 Orange County Grand Jury report, “Wildfires Hit Home”:

Findings and Responses
F1 More frequent and severe wildfires driven by increasingly hotter, drier, and windier conditions in the Orange County wildland-urban interface are escalating impacts on financial and non-financial resources. Among the financial costs are dramatic increases in homeowners’ insurance premiums, nonrenewals, and inabilities to obtain insurance.

City’s Response: Agree in part. The City agrees that more frequent and severe wildfires are occurring in the Orange County wildland-urban interface. However, the City lacks the insurance-market expertise to independently confirm that this finding establishes the cause of increased insurance premiums, nonrenewals, and inability to obtain coverage, as the City is not an expert in insurance markets.

F2 Actions that address conditions in the home ignition zone to significantly reduce ignition potential can prevent a community wildland-urban interface fire disaster or suburban conflagration.

City’s Response: Agree
F3 Expanded engagement with the community to raise awareness and provide support regarding home hardening and defensible space will increase effectiveness of wildfire risk mitigation and insurance risk reduction efforts.

City’s Response: Agree
F4 Achievement of community-level and property-level wildfire risk mitigation designations (such as Firewise USA Site, Fire Risk Reduction Community or Insurance Institute for Business and Home Safety certification) lessens wildfire risk and helps reduce insurance premium costs.

City’s Response: Agree in part. The City agrees that achievement of community-level and property-level wildfire risk mitigation designations (such as Firewise USA Site, Fire Risk Reduction Community or Insurance Institute for Business and Home Safety certification) lessens wildfire risk, however, the City lacks the insurance-market expertise to independently confirm that achievement of community-level and property-level wildfire risk mitigation designations helps reduce insurance premium costs.

F5 All county residents should be made aware that Safer from Wildfire regulation requires insurers to provide discounts to homeowners and communities that

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Resolution No. 26-132
implement home hardening and defensible space measures regardless of whether a property is located within a Fire Hazard Severity Zone.

City’s Response: Agree
F6 AB888, California Safe Homes Grant Program, provides financial assistance to eligible homeowners, cities, counties, and special districts for home hardening and defensible space measures. Applying for and using these grant funds will reduce wildfire losses and improve insurability and resilience of vulnerable communities.

City’s Response: Agree in part. The City agrees that AB 888 provides financial assistance to eligible homeowners, cities, counties, and special districts for home hardening and defensible space measures and that applying for and using these grant funds will reduce wildfire losses and improve resilience of vulnerable communities. However, the City lacks the insurance-market expertise to independently confirm that applying for and using these grant funds will improve insurability of vulnerable communities.

Recommendations and Response
R2 By December 31, 2026, cities and fire service agencies, including Orange County Fire Authority should commit to participation in a county-wide annual wildfire prevention fair planned by the Orange County Board of Supervisors to showcase wildfire prevention outreach programs. [F1, F2, F3, F4, F5, F6] City’s Response: The Recommendation has been implemented. The City commits to participating in a county-wide annual wildfire prevention fair if such an event is established by the Orange County Board of Supervisors.

R3 By December 31, 2026, cities, unincorporated areas, special districts, and fire service agencies in High and Very-High Fire Hazard Severity Zones should initiate planning activities to achieve community-level wildfire risk mitigation designations and/or establish a local Fire Safe Council within one year. [F4, F5, F6] City’s Response: The Recommendation has been implemented. The City's adopted Emergency Management Strategic Plan includes planning activities for community-level wildfire risk reduction, including participation in the Fire Risk Reduction Community program and other wildfire preparedness initiatives.

R4 By December 31, 2026, to ensure city residents are engaged and aware of wildfire risk reduction resources, OCFA member and non-member cities should provide information, develop their own outreach program, and establish a direct contact person(s) for their residents. This is in addition to whatever referrals or references made to OCFA outreach programs. [F1, F2, F3, F4, F5, F6]

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Resolution No. 26-132
City’s Response: The Recommendation has been implemented. The City provides wildfire preparedness information and resources to residents through its website and public outreach efforts. The City also maintains a designated staff contact to assist residents with wildfire preparedness information and resources.

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910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: August 4, 2026 Agenda Item: 11J.

Submitted By: Community Development
Prepared By: Adam Atamian, Community Development Director Araceli Mejia, Assistant Planner
Subject:
..titl e
RESPONSE TO 2025-2026 ORANGE COUNTY GRAND JURY REPORT “CALIFORNIA HOUSING MANDATES: THE UNINTENDED RESHAPING OF ORANGE COUNTY NEIGHBORHOODS” ..body
Summary:

On May 21, 2026, the City received a copy of the 2025-2026 Orange County Grand Jury Report, “California Housing Mandates: The Unintended Reshaping of Orange County Neighborhoods”.

That report examines the practical implementation of state housing mandates in Orange County and their effects on local land use planning, infrastructure, public participation, and municipal governance. It evaluates the feasibility, effectiveness, and equity of current state policies, including the extent to which mandated housing targets align with local infrastructure capacity, available funding, and community conditions. The report also identifies opportunities to improve coordination between state housing objectives and local planning priorities while supporting responsible housing production and meaningful community engagement. One of the primary issues raised in the report is that the State’s housing mandates on local governments are unattainable, and cities and counties, on an individual scale, cannot reasonably meet State demands for housing, which have burdened local governments with costly development.

Responses to the report are required to be submitted to the Presiding Judge of the Superior Court by August 27, 2026.

Background:

The 2025-2026 Orange County Grand Jury report, “California Housing Mandates: The Unintended Reshaping of Orange County Neighborhoods,” is provided as Attachment 1.

In efforts to match housing production with population and employment growth, the California Legislature has enacted multiple housing policies, such as Senate Bill (SB) 9, SB 10, SB 79, Assembly Bill (AB) 2097, and Accessory Dwelling Unit (ADU) Law, which shifted significant authority from local jurisdictions to the State. The Grand Jury report identifies several key issues created by these mandates. The first is that demands set by the State are too generalized for local agencies to adopt for their land availability, available funds, and infrastructure capacity, and do not accurately account for population projections. According to the report, these mandates are impractical because they don’t account for transit, utilities, schools, parks, public safety, and affordable housing subsidies. Building low-income housing without subsidies is financially infeasible and forces cities to approve developments with higher density in order to meet affordable housing requirements such as the Regional Housing Needs Allocation (RHNA) number.
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The Community Development Department has amended three sections of the San Clemente Municipal Code in 2026 due to State mandates: Section 16.50.010 Urban Lot Splits, 17.86.010 Two-Unit Projects, and 17.28.270 Accessory Dwelling Units. During the Planning Commission’s April 22, 2026 meeting on the ADU ordinance update, the majority of the Commissioners noted that State legislation has significantly reduced the authority of cities to regulate Accessory Dwelling Unit projects. They expressed concerns about overdevelopment of residential neighborhoods and utility capacity.

The Grand Jury requires a response from the City on eleven Findings and eight Recommendations in the report. California Penal Code Sections 933 and 933.05 require the City to respond to applicable Findings and Recommendations and establish the requirements for those responses. The applicable California Penal Code sections are included as Attachment 2.

Responses must be submitted to the Presiding Judge of the Superior Court by August 27, 2026.

Discussion:

Staff has prepared proposed responses to the applicable Findings and Recommendations for the City Council's consideration. The proposed responses are presented below, and included in the draft response letter provided as Exhibit A of Attachment 3.

Findings
Based on its investigation entitled "California Housing Mandates," the 2025-2026 Orange County Grand Jury identified six findings requiring a response from the City. Below are the findings and proposed responses.

F.1 In recent years, the California Legislature has enacted an unusually large and burdensome volume of housing-related laws intended to strengthen compliance with State Housing Mandates.

Staff Recommended Response: Agree.

F.2 Housing Mandates are implemented through a RHNA process that often lacks transparency and relies on complex methodologies that are difficult for local officials and the public to understand or meaningfully challenge.

Staff Recommended Response: Agree.

F.4 Meaningful participation by Orange County cities in both OCCOG and SCAG meetings is critical to ensuring that local perspectives are represented during the development and implementation of Housing Mandates policies.

Staff Recommended Response: Agree.

F.5 SCAG’s 6th Cycle RHNA assigned Orange County a questionable total of 183,861 housing units for the 2021-2029 planning period, with higher allocations concentrated in cities with major population and employment centers.

Staff Recommended Response: Agree.
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CITY OF SAN CLEMENTE 3
F.6 RHNA allocations are unrealistic and not attainable within the current planning cycle due to limited available land, built-out urban conditions, infrastructure constraints, environmental factors, and public health and safety requirements.

Staff Recommended Response: Agree.

F.7 Residents in Orange County consistently express a desire for local planning decisions to reflect community priorities, including but not limited to neighborhood character, safety considerations, the environment, and open-space preservation.

Staff Recommended Response: Agree.

F.8 California’s regulatory construction costs (i.e. permitting fees) present substantial challenges for private housing developers—particularly those delivering affordable units.

Staff Recommended Response: Agree, however, the City of San Clemente has not conducted an independent survey to confirm this finding.

F.9 The cost of constructing a single affordable housing unit in California typically ranges from approximately $500,000 to $800,000 per units when fully complying with current State regulations. New low-income housing is generally not feasible without public subsidy.

Staff Recommended Response: Agree, however, the City of San Clemente has not conducted an independent survey to confirm this finding.

F.10 Prior to their dissolution in 2012, redevelopment agencies served as a primary mechanism for cities and counties to finance affordable housing and related infrastructure. The loss of redevelopment has reduced cities’ ability to support construction of affordable units.

Staff Recommended Response: Agree.

F.11 Because public subsidy is limited and highly competitive, cities seeking to produce meaningful quantities of low-income housing must rely in part on private development incentives, often resulting in higher overall development densities and unit counts than the RHNA allocation.

Staff Recommended Response: Agree, however, the City of San Clemente has not conducted an independent survey to confirm this finding.

F.12 The 6th Cycle RHNA methodology included numerous technical inputs published by SCAG and HCD; however, these inputs were highly complex and difficult for cities to interpret or independently verify.

Staff Recommended Response: Agree.
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CITY OF SAN CLEMENTE 4
Recommendations
In accordance with California Penal Code §933 and §933.05, the 2025-2026 Orange County Grand Jury requires (or, as noted, requests) responses from each agency and city affected by the “Recommendations” presented in this section. Each Recommendation lists the associated Finding in brackets “[]”.

Based on its investigation described herein, the 2025-2026 Orange County Grand Jury makes the following recommendations:

R.7 OCCOG, all Orange County cities and the County of Orange should reassess the current dues structure, by September 30, 2026, to ensure that OCCOG has the resources necessary to effectively represent Orange County jurisdictions in SCAG processes, including RHNA methodology development and appeals. [F3, F15]
Staff Recommended Response: The Recommendation will not be implemented because it is not warranted at this time. This Recommendation should not be implemented until OCCOG provides analysis of resource requirements for effective representation.

R.8 By December 31, 2026, the Orange County Board of Supervisors should partner with cities to evaluate countywide infrastructure capacity—including water, wastewater, flood control, transportation, and public-safety systems—and develop a coordinated regional plan capable of supporting the level of housing growth required under state law. [F6] Staff Recommended Response: The Recommendation will not be implemented because it is not warranted. Such partnership will also require participation from private and public utilities which may have different incentives and mandates than local agencies.

San Clemente Public Works staff advised that even including additional housing development, the demand for water, wastewater, and electricity is generally decreasing year over year due to State and local appliance efficiency requirements.

R.9 By September 30, 2026, the Orange County Board of Supervisors should strengthen its engagement with OCCOG and increase staff support to develop a shared, countywide database of potential housing sites and key development-feasibility factors. [F15] Staff Recommended Response: The Recommendation will not be implemented because it is not warranted. Individual cities are not in a position to implement this Recommendation, and it is not clear what the City’s role in this process would be.

R.11 The County of Orange and each city should ensure consistent participation in SCAG and OCCOG committees by September 30, 2026, including the Technical Advisory Committee (TAC), to strengthen regional representation during RHNA-methodology development. [F3, F4, F15] Staff Recommended Response: The Recommendation has been implemented. City staff regularly and consistently engage with SCAG and OCCOG committees, including the Technical Advisory Committee (TAC).
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CITY OF SAN CLEMENTE 5
R.12 The County of Orange and each city should designate a single technical representative, by September 30, 2026, along with an alternate, for all RHNA-related SCAG and OCCOG committees to ensure continuity of participation and eliminate gaps in representation across multiple decision-making bodies. [F4]
Staff Recommended Response: The Recommendation has been implemented. The City has a designated single technical representative for all RHNA-related SCAG and OCCOG committees to ensure continuity of participation.

R.14 By April 30, 2027, the County of Orange and each city should publish annual monitoring dashboards showing (a) entitlement pipeline conditions, (b) realistic site yield, (c) assembled funding sources for affordable units, and (d) conversion rates from planned capacity to issued permits and completed units, ensuring that County and city-determined capacity assumptions remain aligned with actual production. [F13]
Staff Recommended Response: The Recommendation will not be implemented because it is not reasonable. This is an unfunded recommendation that the City of San Clemente and smaller cities may not be able to comply with unless additional funding sources are identified.

R.15 By September 30, 2026, and ongoing, the County Board of Supervisors and all city councils should make a coordinated and sustained effort to educate their constituents about the RHNA process—its requirements, its impact on local planning and community character, and the role residents can play in shaping outcomes. Public education efforts should also include guidance on how community members can effectively engage with the California Legislature and advocate for more realistic, data-driven housing policies. [F1, F7]
Staff Recommended Response: The Recommendation has been implemented. The City commits to make a coordinated and sustained effort to educate its constituents about the RHNA process including guidance on how community members can effectively engage with the California Legislature and advocate for more realistic, data-driven housing policies.

R.16 By December 31, 2026, all cities should look to enhance their relationships with not-for-profit affordable housing developers to increase the opportunity to develop more affordable housing. [F8, F10, F12]
Staff Recommended Response: The Recommendation has been implemented. The City’s current Housing Element includes Program 7: Affordable Housing Development, part of the Housing Action Plan, which requires City staff to periodically meet with non-profit developers and housing organizations to evaluate projects for acquisition and rehabilitation/new construction of affordable housing.

Council Options:
 Adopt Resolution 26-133, approving the staff recommended responses to the 2025-2026 Orange County Grand Jury Report “California Housing Mandates: The Unintended Reshaping of Orange County Neighborhoods”.
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CITY OF SAN CLEMENTE 6
 Modify and adopt Resolution No. 26-133 by making modifications to the staff-recommended responses to the 2025-2026 Orange County Grand Jury report, “California Housing Mandates:

The Unintended Reshaping of Orange County Neighborhoods,” and approve such responses as modified.
 Continue the item and provide staff with alternative direction.

Environmental Review/Analysis:

The proposed action is not a “project” pursuant to the California Environmental Quality Act Guidelines Section 15378.

Fiscal Impact:

Implementation of the Grand Jury recommendations would result in additional costs to the City, in the form of direct payments to the Orange County Council of Governments and additional staff time and travel to OCCOG and SCAG meetings. However, the action to send the draft response letter does not legally commit the City to any payments, travel, or staff time.

Potential Action(s):
..recommendation
STAFF RECOMMENDS THAT the City Council adopt Resolution 26-133 entitled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

APPROVING RESPONSE TO FINDINGS AND RECOMMENDATIONS IN THE REPORT OF THE ORANGE COUNTY GRAND JURY “CALIFORNIA HOUSING MANDATES: THE UNINTENDED RESHAPING OF ORANGE COUNTY NEIGHBORHOODS,” authorizing the Mayor to respond to the findings and recommendations noted in the report by submitting a letter to the Presiding Judge of the Superior Court by August 27, 2026. ..end
Attachments:

1. 2025-2026 Orange County Grand Jury Report, “California Housing Mandates: The Unintended Reshaping of Orange County Neighborhoods”

2. Copy of California Penal Code Sections 933 and 933.05

3. Proposed Resolution No. 26-133
Exhibit A - City of San Clemente’s Response to Findings and Recommendations of the 2025- 2026 Orange County Grand Jury report, “California Housing Mandates: The Unintended Reshaping of Orange County Neighborhoods”
Notification:

None.
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California State Housing Mandates