Agenda packet — San Clemente City Council, August 19, 2025 (part 1 of 3)

910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor Knoblock
Mayor Pro Tem Enmeier
Councilmember Cabral
Councilmember Loeffler
Councilmember Wu
5:00 p.m. - Closed Session (Special Meeting)
5:30 p.m. - Business Meeting

CITY OF SAN CLEMENTE
Tuesday, August 19, 2025
City Council
Special and Regular Meeting Agenda
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.

RULES FOR ADDRESSING COUNCIL
• Members of the public may address the City Council on matters within the jurisdiction of the City of San Clemente.
• If you wish to address Council, please complete one of the blue speaker cards located at the entrance to the Council Chambers and turn it in to the City Clerk or Deputy City Clerk. • Persons wishing to address Council concerning an agendized item will be invited to address Council during the time that Council is considering that particular agenda item.

Persons wishing to address Council concerning a non-agendized issue will be invited to address Council during the “Oral Communications” portion of the meeting. • When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Please limit your presentation to three minutes.

MISSION STATEMENT
The City of San Clemente, in partnership with the community we serve, will foster a tradition dedicated to:

Maintaining a safe, healthy atmosphere in which to live, work and play; Guiding development to ensure responsible growth while preserving and enhancing our village character, unique environment and natural amenities; Providing for the City’s long-term stability through promotion of economic vitality and diversity…
Resulting in a balanced community committed to protecting what is valued today while meeting tomorrow’s needs.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
The California Environmental Quality Act (“CEQA”) is the state law that requires the City to evaluate and document the potential environmental consequences of discretionary decision. (See, California Public Resources Code Sections 21000-21189.3; and the “CEQA Guidelines” at California Code of Regulations Title 14, Division 6, Chapter 3, Sections 15000-15387). For each item that requires a CEQA determination by the City Council, there is a reference to that determination on this agenda, and more information regarding the CEQA analysis is included in the documents that accompany this agenda. To the extent that City staff determines that particular items are not subject to CEQA, there will be no indication of a CEQA action on this agenda.

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1 City Council Special and Regular Meeting Agenda August 19, 2025

DISCLOSURE OF CAMPAIGN CONTRIBUTIONS
Pursuant to Government Code § 84308, City Council Members are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises, discretionary land use permits and other entitlements if the City Council Member received more than $500 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City’s decision on the agenda item since January 1, 2023. Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $500 to a City Council Member since January 1, 2023, are required to disclose that fact for the official record of the subject proceedings. Disclosures must include the amount of the campaign contribution and identify the recipient City Council Member and may be made either in writing to the City Clerk before the agenda item or by verbal disclosure during consideration.

CLOSED SESSION (Special Meeting 5:00 P.M.)
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 1
Case Name: MDL No. 2804 National Prescription Opiate Litigation Proposed Opioid Settlement information can be found at
<https://nationalopioidsettlement.com/purdue-sacklers-settlements> BUSINESS MEETING (5:30 P.M.)

CALL TO ORDER
INVOCATION – Ordained Elder, Ryan Canty, San Clemente Presbyterian Church

PLEDGE OF ALLEGIANCE

ROLL CALL

1. Special Presentations
A. Presentation of Humanitarian Award - McPhinneaus Holmes-Shelby Presentation of the Humanitarian Award to McPhinneaus Holmes-Shelby in recognition of demonstrating exceptional commitment in the areas of academics, community involvement, volunteering, school involvement and philanthropic activities.

B. Presentation of City Tile to Johanne Thordahl, Retiring Human Resources Manager, Recognizing 28 Years of Dedicated Service to the City Presentation of City Tile to Johanne Thordahl, Human Resources Manager, in recognition of 28 years of distinguished service to the City of San Clemente.

2. Council Member Reports

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2 City Council Special and Regular Meeting Agenda August 19, 2025

3. Oral Communications (Part 1)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. Speakers may address Council once during either Oral Communications Part 1 or Part 2. A total time limitation of 30 minutes is allocated for Oral Communications Part 1, with each speaker being allotted 3 minutes in which to give his or her presentation. Speaker order is determined by the order in which speaker cards are provided to the City Clerk or Deputy City Clerk at the meeting. Speakers that cannot be accommodated during Oral Communications Part 1 will be invited to address Council during Oral Communications Part 2, which appears on this agenda as Item No. 12. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Under the Ralph M. Brown Act, the City Council cannot act on items raised during public comment but may respond briefly to statements made or questions posed, request clarification or refer the item to staff.

4. Motion waiving reading in full of all Resolutions and Ordinances

5. Consideration of agendizing items requiring immediate action Per Government Code section 54954.2(b) and 54956.5. Any items agendized will be considered under New Business, unless otherwise determined by a majority vote of the City Council.

6. Closed Session Report - City Attorney

7. Staff Communications

8. Public Hearings
None.

9. Unfinished Business
None.

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3 City Council Special and Regular Meeting Agenda August 19, 2025

10. New Business
10A. INTRODUCTION AND FIRST READING OF ORDINANCE NO. 1794 AMENDING SAN CLEMENTE MUNICIPAL CODE 13.04.350 RELATING TO

CROSS-CONNECTION AND BACKFLOW PROTECTION (CCCPH) TO

COMPLY WITH THE STATE WATER RESOURCES CONTROL BOARD'S

NEWLY ADOPTED CROSS-CONNECTION CONTROL POLICY HANDBOOK

AND CURRENT INDUSTRY BEST PRACTICES AND FINDING THE

ORDINANCE EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Staff Recommendation
Introduce and conduct a first reading of Ordinance No. 1794 entitled AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION 13.04.350 OF THE CITY OF SAN

CLEMENTE MUNICIPAL CODE RELATING TO CROSS-CONNECTION AND

BACKFLOW PROTECTION TO COMPLY WITH THE STATE WATER

RESOURCES CONTROL BOARD'S CROSS-CONNECTION CONTROL

POLICY HANDBOOK AND FINDING THE ACTIONS EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
10B. UPDATE REGARDING DOG ACCESS ON SAN CLEMENTE MUNICIPAL

BEACHES
(Agendized by Councilmember Loeffler, with the support of Mayor Knoblock and Mayor Pro Tem Enmeier, at the August 5, 2025 City Council meeting.) Staff Recommendation
Review the Beaches, Parks and Recreation Commission’s recommendation for a one-year pilot program allowing limited dog access on designated City beaches, and, if the City Council desires to proceed with that program, direct staff to initiate California Environmental Quality Act (CEQA) review, begin coordination with the California Coastal Commission, and prepare a draft Municipal Code amendment and proper CEQA documentation for City Council consideration.

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4 City Council Special and Regular Meeting Agenda August 19, 2025 10C. CONSIDERATION OF A RESOLUTION IN SUPPORT OF USA SURFING

BEING DESIGNATED AS THE GOVERNING BODY FOR SURFING FOR THE 2028 OLYMPIC GAMES
(Agendized by Mayor Knoblock, with the support of Councilmember Cabral and Councilmember Loeffler, at the August 5, 2025 City Council meeting.) Staff Recommendation
Adopt Resolution No. 25-114 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, SUPPORTING THE

APPLICATION OF USA SURFING TO BE SELECTED AS THE GOVERNING BODY FOR THE U.S. SURF TEAM FOR THE 2028 OLYMPICS AND FUTURE EVENTS.
10D. CONSIDERATION OF A RESOLUTION DECLARING SURPLUS AND

APPROVING DISPOSITION OF RETIRED FLEET EQUIPMENT & VEHICLES,

IMPLEMENTING AN IN-HOUSE VEHICLE AUCTION PROGRAM FOR

SELECT VEHICLES, AND AWARDING A CONTRACT FOR PROFESSIONAL AUCTION SERVICES TO JJ KANE ASSOCIATES, INC.

Staff Recommendation
Adopt Resolution No 25-115, which will:

1. Authorize staff to develop a staff-managed municipal auction program managed to promote resident participation and access to purchase surplus vehicles.

2. Declare the vehicles and equipment listed on Attachment No. 1 - Exhibit A of the Administrative Report dated August 19, 2025, and on file with the City Clerk, as surplus.

3. Award a five-year contract to JJ Kane Associates, Inc. for Auction Services in an amount not to exceed $75,000.

4. Approve, and authorize the City Manager to execute, Contract No. C25-38, by and between the City of San Clemente and JJ Kane Associates, Inc., providing for Auction Services, in an amount not to exceed $75,000, and authorize the City Manager to exercise additional 1-year renewal options based on performance.

5. Authorize the disposition of surplus property using a combination of City staff-managed and third-party auction services pursuant to Policy No. 201-2-

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5 City Council Special and Regular Meeting Agenda August 19, 2025 10E. WILDFIRE PREVENTION PROGRAM - UPDATE ON CURRENT ACTIVITIES, AND PROPOSED EXTENSION OF THE CITY’S PILOT GOAT-GRAZING

PROJECT, AND EXPANSION OF THE WEED ABATEMENT PROGRAM,

INCLUDING A REQUEST TO AWARD A NEW PROFESSIONAL SERVICES CONTRACT TO E. STEWART AND ASSOCIATES, INC. FOR WEED

ABATEMENT SERVICES, RELATED SUPPLEMENTAL APPROPRIATIONS

AND MAKING FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
(Agendized by Councilmember Cabral, with the support of Mayor Knoblock and Councilmember Loeffler, at the April 15, 2025 City Council meeting.) Staff Recommendation

1. Approve Resolution No. 25-116 which will appropriate $100,000 in Account No. 001-452-43890, to extend the Pilot Goat-Grazing Project until March 31, 2026, and direct City staff to initiate a Request for Proposals process to establish a contract for goat grazing services, and determine that the project is statutorily and categorically exempt from the California Environmental Quality Act under various provisions.

2. Approve Resolution No. 25-117 which will confirm the City’s commitment to the 25% match for the Hazard Mitigation Grant Program (HMGP) application of up to $2,137,500 anticipated to be covered by in-kind contributions of labor and services, contributions from private property owners such as Homeowners Associations (HOAs) for the aspects of the project occurring on privately-owned open space, volunteer labor, potentially other state and county grant sources, and the City's General Fund.

3. Approve Resolution No. 25-118 which will approve, and authorize the City Manager to execute, Contract No. C25-42, by and between the City of San Clemente and E. Stewart and Associates, Inc., providing for the Weed Abatement Program, consisting of weed abatement and related defensible-space clearance services, in an amount not to exceed $256,060, for a five-year term, and appropriate an additional $96,060 to Program 452 - Weed Abatement: $45,160 in Account No. 001-452-43470 and $50,900 in Account No. 001-452-43890.
10F. CONSIDERATION OF JOINING SUPERVISOR FOLEY'S SOUTH COUNTY

BEACH COALITION COMMITTEE
(Agendized by Mayor Pro Tem Enmeier with the support of Councilmember Loeffler, at the August 5, 2025 City Council meeting.)
10G. CONSIDERATION OF A POLICY REGARDING CITIZEN'S BALLOT

INITIATIVES AND IMPOSING A FILING FEE
(Agendized by Councilmember Wu with the support of Mayor Knoblock, at the August 5, 2025 City Council meeting.)

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6 City Council Special and Regular Meeting Agenda August 19, 2025

11. Consent Calendar
All items listed on the Consent Calendar are considered to be routine and will be enacted by one motion without discussion unless Council or Staff requests removal of an item for separate discussion and action.

A. City Council Minutes
Staff Recommendation:
(1) APPROVE THE SPECIAL AND REGULAR CITY COUNCIL MEETING MINUTES OF AUGUST 5, 2025.

B. Commission/Committee Minutes
Staff Recommendation:

Receive and file the following:
(1) GOLF COURSE COMMITTEE REGULAR MEETING MINUTES OF MAY 1, 2025.

C. Warrant Register
(1) APPROVE WARRANT NOS.
606202 THROUGH 606340, PAID ON
8-1-25, IN THE AMOUNT OF $2,187,817.34
(2) APPROVE WIRE TRANSFER NOS.
3286 THROUGH 3293 AND WARRANT NOS.
606341 THROUGH 606435, PAID ON
8-8-25, IN THE AMOUNT OF $4,203,502.72
TOTAL WARRANT REGISTER $6,391,320.06
Payroll Register
APPROVE WARRANT NOS. 983
THROUGH 984 AND AUTOMATIC
DEPOSIT ADVISES 105242
THROUGH 105627, FOR THE PERIOD
7-21-25 THROUGH 8-3-25, PAID
ON 8-8-25, IN THE AMOUNT OF $641,238.51
TOTAL PAYROLL REGISTER $641,238.51

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7 City Council Special and Regular Meeting Agenda August 19, 2025 11D. CONTRACT AMENDMENT - LANDSCAPE MAINTENANCE OF CITY PROPERTIES EAST OF I-5
Staff Recommendation
Adopt Resolution No 25-119, which will:

1. Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. C22-28, by and between the City of San Clemente and Colts Landscaping, Inc., providing for landscape maintenance of City properties East of Interstate 5 (I-5), in an amount not to exceed $823,678, for a one-year term.

2. Authorize the City Manager, upon satisfactory performance, to exercise the last and final contract extension according to the terms of the original Agreement, as amended, provided that it is within the City Council approved budget amount for Fiscal Year 2026-27.
11E. CONTRACT AMENDMENT - GRAFFITI REMOVAL
Staff Recommendation
Adopt Resolution No 25-120, which will:

1. Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. C22-29, by and between the City of San Clemente and E.

Stewart and Associates, Inc., providing for graffiti removal, in an amount not to exceed $95,200, for a one-year term.

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8 City Council Special and Regular Meeting Agenda August 19, 2025 11F. CONTRACT AMENDMENT - CITY TRAIL MAINTENANCE
Staff Recommendation
Adopt Resolution No 25-121, which will:

1. Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. C22-30, by and between the City of San Clemente and Real Estate Consulting & Services, Inc., providing for Trail Maintenance, in an amount not to exceed $155,000, for a one-year term.

2. Authorize the City Manager, upon satisfactory performance, to exercise the last and final contract extension according to the terms of the original Agreement, as amended, provided that it is within the City Council approved budget amount for Fiscal Year 2026-27.
11G. CONTRACT AMENDMENT - MAINTENANCE OF CITY STREETSCAPES Staff Recommendation
Adopt Resolution No 25-122, which will:

1. Approve and authorize the City Manager to execute, Amendment No. 1 to Contract No. C22-33, by and between the City of San Clemente and Colts Landscaping, Inc., providing for maintenance of City streetscapes, in an amount not to exceed $351,190, for a one-year term.

2. Authorize the City Manager, upon satisfactory performance, to execute the final contract extension according to the terms of the original Agreement, as amended, provided that it is included in the adopted Fiscal Year 2026-27 budget.
11H. CONTRACT AMENDMENT - JANITORIAL MAINTENANCE OF CITY

BUILDINGS AND EXTERIOR RESTROOMS AT CITY BEACHES AND PARKS Staff Recommendation
Adopt Resolution No 25-123, which will:

1. Approve and authorize the City Manager to execute, Amendment No. 1 to Contract No. C22-31, by and between the City of San Clemente and Omni Enterprise, Inc. dba Omniclean, providing for janitorial maintenance of City buildings and exterior restrooms at City beaches and parks, in an amount not to exceed $479,020, for a one-year term.

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9 City Council Special and Regular Meeting Agenda August 19, 2025 11I. CONTRACT AMENDMENT - MAINTENANCE OF CITY BEACHES,

ACCESSES AND PIER
Staff Recommendation
Adopt Resolution No 25-124, which will:

1. Approve and authorize the City Manager to execute, Amendment No. 1 to Contract No. C22-32, by and between the City of San Clemente and Colts Landscaping, Inc., providing for maintenance services for City beaches, accesses and pier, in an amount not to exceed $278,071, for a one-year term.

2. Authorize the City Manager, upon satisfactory performance, to exercise the final contract extension according to the terms of the original Agreement, as amended, provided it is included in the adopted Fiscal Year 2026-27 budget. 11J. CONTRACT AWARD - SAN CLEMENTE PIER ENTRANCE REDESIGN PROJECT, PN 23102, AND MAKING FINDINGS UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 25-125, which will:

1. Find the project categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15301 (Class 1 - Existing Facilities) and Section 15302 (Class 2 - Replacement or Reconstruction).

2. Award a professional services agreement to Summers, Murphy & Partners for San Clemente Pier Entrance Redesign Project, PN 23102.

3. Approve, and authorize the City Manager to execute, Contract No. C25-39, by and between the City of San Clemente and Summers, Murphy & Partners, Inc., providing for the San Clemente Pier Entrance Redesign Project, in an amount not to exceed $72,570.

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10 City Council Special and Regular Meeting Agenda August 19, 2025 11K. CONTRACT AMENDMENT - FY 2025-26 POLICE SERVICES CONTRACT

FOR THE REPLACEMENT OF TWO ALL-TERRAIN VEHICLES AND ONE

TRAILER AND AUTHORIZING A RELATED SUPPLEMENTAL

APPROPRIATION
Staff Recommendation
Adopt Resolution No. 25-126, which will:

1. Approve and authorize the City Manager to execute, Amendment No. 1 to Contract No. C25-28, by and between the City of San Clemente and the County of Orange, providing for FY 2025-26 police services, increasing the contract amount from $22,690,270 to $22,720,058 (an increase of $37,788).

2. Authorize a supplemental appropriation in the amount of $37,788 from the General Fund unassigned fund balance to Account No. 001-218-43625 (Police Contract Services).
11L. CONSIDERATION OF A RESOLUTION APPROVING TWO LICENSE

AGREEMENTS WITH THE ORANGE COUNTY FIRE AUTHORITY FOR
TEMPORARY USE OF CITY-OWNED LAND (APN 678-163-01) AS A

HELICOPTER LANDING ZONE FOR EMERGENCY OPERATIONS AND

FINDING THE ACTIONS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 25-127, which will:

1. Find the project exempt under California Environmental Quality Act Guidelines Sections 15301 (Existing Facilities), 15304(e) (Minor Alterations to Land) and 15269 (Emergency Projects).

2. Approve the two License Agreements with the Orange County Fire Authority for the use of City-owned land as a HeliPad.

3. Approve, and authorize the City Manager to execute, Contract No. C25-40, License Agreement, by and between the City of San Clemente and the Orange County Fire Authority, for the use of City-owned land as a HeliPad.

4. Approve, and authorize the City Manager to execute, Contract No. C25-41, License Agreement, by and between the City of San Clemente and the Orange County Fire Authority, for the use of City-owned land as a HeliPad.

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11 City Council Special and Regular Meeting Agenda August 19, 2025 11M. SECTION 115 TRUST POLICY REVISION
Investment Advisory Committee and Staff Recommendation
Adopt the revised Section 115 Pension Investment Policy Number 202-3, with the modifications recommended by the Investment Advisory Committee at the Investment Advisory Committee meeting on July 28, 2025, with an effective date of August 19, 2025.
11N. CONSIDERATION OF A RESOLUTION APPROVING AND AUTHORIZING A

MAINTENANCE AGREEMENT WITH THE ORANGE COUNTY FLOOD

CONTROL DISTRICT (OCFCD) AND COUNTY OF ORANGE REGARDING

MAINTENANCE AND OPERATIONAL RESPONSIBILITIES, INCLUDING

COSTS, OF THE SEGUNDA DESHECHA CANADA CHANNEL (OCFCD
FACILITY NO. M02), A REGIONAL FLOOD CONTROL FACILITY/CULVERT

UNDER CALLE DE LOS MOLINOS, AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Staff Recommendation
Adopt Resolution No. 25-128, which will:

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

2. Approve, and authorize the City Manager to execute, Contract No. C25-43, A Maintenance Agreement, by and between the City of San Clemente and the Orange County Flood Control District and County of Orange, providing for maintenance and operational responsibilities, including costs, of the Segunda Deshecha Canada Channel (OCFCD Facility No. M02) Culvert under Calle de Los Molinos.

12. Oral Communications (Part 2)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation, not to exceed three minutes. Under the Ralph M. Brown Act, the City Council cannot act on items raised during public comment but may respond briefly to statements made or questions posed, request clarification or refer the item to staff.

13. Future Agenda Items

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12 City Council Special and Regular Meeting Agenda August 19, 2025

14. Reports
A. Commissions and Committees
B. Council Subcommittee Updates
C. City Attorney
D. City Manager

15. Adjournment
The next Regular City Council Meeting is scheduled to take place on September 2, 2025. Closed Session will begin at 4:30 p.m. and the Regular Business Meeting will begin at 5:30 p.m. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

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13 City Council Special and Regular Meeting Agenda August 19, 2025

CITY COUNCIL MEETING PROCEDURES

PRESENTATION OF WRITTEN MATERIALS TO COUNCIL
In order to ensure that Councilmembers have adequate time to consider written materials concerning agenda items, it is strongly recommended that such materials be submitted to the City Clerk by noon the date preceding the Council meeting.

MEETINGS RECORDED AND TELEVISED
City Council meetings are broadcast live and are replayed periodically on Cox Communications Local Access Channel 854. Meetings are also available for live-stream or post meeting viewing from the City’s website.

Meetings are also recorded via audio CD and/or DVD and retained as a City record in accordance with the City’s records retention schedule.

USE OF ELECTRONIC VISUAL AIDS BY PUBLIC AT MEETINGS
To allow staff adequate time to confirm software compatibility, individuals wishing to utilize electronic visual aids to supplement their oral presentations at the meeting, must submit the electronic files to the City Clerk by no later than 12:00 p.m. on the day of the meeting. Only compatible electronic formats will be permitted to be used on City audio/visual computer equipment. Staff makes no guarantee that such material will be compatible, but will use its best efforts to accommodate the request.

LENGTH OF MEETINGS
At 11:00 p.m., the City Council will determine which of the remaining agenda items can be considered and acted upon at this meeting and will continue all other agenda items to a future meeting.

AMERICANS WITH DISABILITIES ACT
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (949) 361-8200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting.

COMMUNICATION DEVICES
To minimize meeting distractions and sound system interference, please be sure all personal communication devices are turned off or on silent mode.

MEETING SCHEDULE
Regular Council Meetings are held on the first and third Tuesdays of each month in the Council Chambers, located at 910 Calle Negocio, 2nd floor, San Clemente. Closed Session are considered at 5:00 p.m. and the Business Meeting begins at 6:00 p.m. Additional meetings of the City Council may be called as needed.

AGENDAS, ADMINISTRATIVE REPORTS AND SUPPLEMENTAL WRITTEN MATERIALS Agendas and Administrative Reports are available for review and/or copying at the City Clerk’s Department as soon as agendas are posted, by accessing the City’s website at www.san-clemente.org. An “Inspection Copy” of agenda materials is also located at the entrance to the Council Chambers during meetings for public review. All written material distributed to a majority of the Council after the original agenda packet was distributed is available for public inspection in the City Clerk’s Department, located at 910 Calle Negocio, San Clemente, during normal business hours.

The City Clerk’s Department offers an agenda packet subscription service free of charge. If you wish to receive email copies of City Council agendas, which include hyperlinks to staff reports and other back-up material, register at http://san-clemente.org/enotification.

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14 910 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 19, 2025 Agenda Item: 10A.

Submitted By: Public Works
Prepared By: Dustin Burnside, Utilities Manager
Subject:

INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING SAN CLEMENTE MUNICIPAL CODE 13.04.350 RELATING TO CROSS-CONNECTION AND BACKFLOW

PROTECTION (CCCPH) TO COMPLY WITH THE STATE WATER RESOURCES CONTROL

BOARD'S NEWLY ADOPTED CROSS-CONNECTION CONTROL POLICY HANDBOOK AND

CURRENT INDUSTRY BEST PRACTICES AND FINDING THE ORDINANCE EXEMPT UNDER

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Fiscal Impact:

None. All costs and expenses for enforcing provisions of the Cross-Connection Control Policy Handbook (CCCPH) or the City Water Department’s Cross-Connection Control Program and Plan will be the responsibility of the customer.

Summary:

The California State Water Resources Control Board (SWRCB) recently adopted the CrossConnection Control Policy Handbook (CCCPH), which went into effect on July 1, 2024, and was most recently updated on June 17, 2025, to implement new requirements for cross-connection control programs for public water systems. The proposed amendment to the City’s municipal code will update the code to conform with these changes as well as assist in implementing best practices for operating the City’s water utility.

Background:

In 1998, the City of San Clemente adopted Ordinance No. 1210, establishing Section 13.04.350 of the San Clemente Municipal Code (SCMC), titled “Cross-Connection and Backflow Protection”.

The purpose of the ordinance is to protect the City's public water system from contamination and pollution through the regulation of cross-connections. Regulations require the prevention of backflow from customer systems into the potable water supply, supporting public health and water quality objectives.

Since the adoption of Ordinance No. 1210, regulatory standards for cross-connection control have evolved. In December 2023, the State Water Resources Control Board (SWRCB) adopted the Cross-Connection Control Policy Handbook (CCCPH), which established updated statewide requirements for the administration of cross-connection control programs. Additionally, the CCCPH was updated in March 2025 to align specific due dates with the effective date of the CCCPH. Most recently, SWRCB adopted a revised version of the CCCPH on June 17, 2025, which extended some deadlines and changed some language to align with other pre-existing regulations.
15 Meeting Date: August 19, 2025 Agenda Item: 10A.

CITY OF SAN CLEMENTE 2
The CCCPH requires public water systems to update their programs to meet uniform standards for hazard assessment, testing, maintenance, enforcement, and reporting. Compliance with the CCCPH is mandatory for all California public water systems as defined in California Health and Safety Code section 116275(h), which includes the City’s water system.

City staff reviewed the CCCPH and identified several necessary amendments to SCMC section

13.04.350 (cross-connection and backflow protection) to align the City’s Cross-Connection Control Program with the new CCCPH requirements and current industry best practices.

Staff prepared SCMC amendments (as shown in redline in Attachment 2) that update the City's Cross-Connection Control Program to reflect current regulatory requirements and terminology.

Key changes include:
 Clarifying that backflow prevention assembly testers must hold certification from an American National Standards Institute (ANSI) accredited organization recognized by the SWRCB.  Formally designating a Cross-Connection Program Coordinator responsible for program oversight.
 Enforcing regulations that customers comply in a timely manner by (1) denying or discontinuing water service, and (2) installing, inspecting, testing, maintaining, repairing, or replacing a backflow prevention assembly at the cost of the customer.

Council Options:
 Introduce and conduct the first reading of Ordinance No. 1794 to amend San Clemente Municipal Code Section 13.04.350 (Cross-Connection and Backflow Protection) to include the elements of the Cross-Connection Control Handbook requirements.  Modify, and then introduce and conduct the first reading of Ordinance No. 1794 to amend San Clemente Municipal Code Section 13.04.350 (Cross-Connection and Backflow Protection) to include the elements of the Cross-Connection Control Handbook requirements.  Continue the item and direct staff to provide additional information.

Environmental Review/Analysis:

Compliance with the CCCPH is mandatory for all California Public Water Systems as defined in California Health and Safety Code section 116275(h), which includes the City’s water system.

Because compliance is mandatory, there is no discretionary action being taken and therefore no “project” exists within the meaning of the California Environmental Quality Act. In addition, in accordance with Section 15061(b)(3) of the CEQA Guidelines, the Ordinance is not subject to CEQA review because it can be seen with certainty that there is no possibility that the amendments to SCMC section 13.04.350 will have a significant effect on the environment. 16 Meeting Date: August 19, 2025 Agenda Item: 10A.

CITY OF SAN CLEMENTE 3
Recommended Action:

Staff Recommendation
Introduce and conduct a first reading of Ordinance No. 1794 entitled AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION

13.04.350 OF THE CITY OF SAN CLEMENTE MUNICIPAL CODE RELATING TO CROSSCONNECTION AND BACKFLOW PROTECTION TO COMPLY WITH THE STATE WATER

RESOURCES CONTROL BOARD'S CROSS-CONNECTION CONTROL POLICY

HANDBOOK AND FINDING THE ACTIONS EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

Attachments:

1. Proposed Ordinance 1794

2. Proposed SCMC Chapter 13.04.350 (Redline)

3. Cross-Connection Control Handbook
Notification:

None.
17 Attachment 1
ORDINANCE NO. 1794

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING
SECTION 13.04.350 OF THE CITY OF SAN

CLEMENTE MUNICIPAL CODE RELATING TO

CROSS-CONNECTION AND BACKFLOW

PROTECTION TO COMPLY WITH THE STATE

WATER RESOURCES CONTROL BOARD'S

CROSS-CONNECTION CONTROL POLICY

HANDBOOK AND FINDING THE ACTIONS EXEMPT

UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
WHEREAS, the City of San Clemente provides potable water services to the people of San Clemente; and
WHEREAS, the City desires to protect the public water supply against contamination through cross-connections by methods including but not limited to isolating sources of contamination and eliminating cross connections between drinking water systems and contamination sources; and
WHEREAS, in 1998, the City of San Clemente adopted Ordinance No. 1210, establishing section 13.04.350 of the San Clemente Municipal Code (SCMC), titled “Cross-Connection and Backflow Protection”; and
WHEREAS, the purpose of the Ordinance is to protect the City's public water system from contamination and pollution through the regulation of cross-connections; regulations require the prevention of backflow from customer systems into the potable water supply, supporting public health and water quality objectives; and WHEREAS, since the adoption of Ordinance No. 1210, regulatory standards for cross-connection control have evolved; in December 2023, the State Water Resources Control Board (SWRCB) adopted the Cross-Connection Control Policy Handbook (CCCPH), which establishes updated statewide requirements for the administration of cross-connection control programs, and the CCCPH was most recently in June 2025; and WHEREAS, the CCCPH requires public water systems, including the City of San Clemente, to update their programs to meet uniform standards for hazard assessment, testing, maintenance, enforcement, and reporting; and
WHEREAS, the City desires to adopt this Ordinance amending section 13.04.350 of the San Clemente Municipal Code in furtherance of the aforementioned goals. 18 Ordinance No. 1794 Page 2
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NOW, THEREFORE, the City Council of the City of San Clemente does hereby ordain as follows:

SECTION 1. The aforementioned recitals are true and correct.

SECTION 2. Section 13.04.350 of the Municipal Code of the City of San Clemente is hereby amended to read in its entirety as follows:

13.04.350. Cross connection and backflow protection.

A. INTENT

1. The purpose of this Ordinance is (a) to protect the public water supply against actual or potential Contamination through ·cross Connections by isolating sources of Contamination that may occur within a Water User's Premises because of some undiscovered or unauthorized Cross Connection on the Premises; (b) to eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable f9r human consumption; (c) to eliminate Cross· Connections between drinking water systems and sources of Contamination; and (d) to prevent the making of Cross Connections in the future.

2. In cooperation with the State Water Resources Control Board Division of Drinking Water, City’s major goal is to ensure the distribution of a safe and potable water supply to all domestic water users. In order for the City to achieve this goal, a Cross-Connection Control Management Plan (CCCMP) is being developed with an effective date of July 1, 2025. The City’s CCCMP was developed pursuant to the requirements set forth in the Cross-Connection Control Policy Handbook (CCCPH) which replaced State of California Administrative Code Title 17, Sections 7583 through 7605 and applies to all State of California Public Water Systems, as defined in California’s Health and Safety Code (CHSC, section 116275(h)).

3. These regulations are adopted pursuant to CCCPH.

4. It is hereby declared to be unlawful for any Person, firm, or corporation at any time to make or maintain or cause to be made or maintained, temporarily or permanently, for any period of time whatsoever, any Cross Connection between plumbing pipes or water fixtures being served with water by the City water department and any other source of water supply, or to maintain any sanitary fixture or other appurtenances or fixtures which, by reason of their construction, may cause or allow Backflow of water or other substances into the water supply system of the City and/or the service of water pipes or fixtures of any consumer of the City.

C. CROSS CONNECTION PROTECTION REQUIREMENTS

1. General Provisions
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a. Unprotected Cross Connections with the public water supply are prohibited.
b. Whenever Backflow protection has been found necessary, the City will require the Water· User to install an Approved Backflow Prevention Assembly by and at his expense in order to maintain continued services or before a new service will be initiated. c. Wherever Backflow protection has been found necessary on a water supply line entering a Water User's Premises, any and all water supply lines from the City's mains entering such Premises, buildings, or structures shall be protected by an Approved Backflow Prevention Assembly. The type of assembly will be in accordance with the requirements of this section.

2. Where Protection is Required
a. Each Service Connection from the City water system for supplying water to Premises having an Auxiliary Supply shall be protected against Backflow of water from the Premises into the Public Water System unless the Auxiliary Water Supply is accepted and approved as an additional source by the City.
b. Each Service Connection from the City water system for supplying water to any Premises on which any substance is handled in such fashion as may allow its entry into the water system shall be protected against Backflow of the water from the Premises into the public system. This shall include the handling of process waters and waters originating from the City water system which have been subjected to deterioration in sanitary quality.
c. Approved Backflow Prevention Assemblies shall be installed on Service Connections to any Premises having: (a) internal Cross Connections that cannot be permanently corrected and controlled to the satisfaction of the State or local health department and the City; or (b) intricate plumbing and piping arrangements or Premises construction such that entry to all portions of the Premises are not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not Cross Connections exist.

3. Type of Protection Required
a. The type of protection that shall be provided to prevent Backflow into the Approved Water Supply shall be commensurate with the degree of hazard that exists on the consumer's Premises. 20 Ordinance No. 1794 Page 4
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The type of protective assembly that may be required (listed in an increasing level of protection) includes: Double Check Valve Assembly (DC), Reduced Pressure Principle Approved Backflow Prevention Assembly (RP), and an Air-Gap Separation (AG). The Water User may choose a higher level of protection than required by the City. The minimum types of Backflow protection required to protect the Approved Water Supply at the user's water connection to Premises with varying degrees of hazard are given in Table 1.

Situations which are not covered in Table 1 shall be evaluated on a case-by-case basis and the appropriate Backflow protection shall be determined by the City.

TABLE 1

TYPE OF BACKFLOW PROTECTION REQUIRED

Degree of Hazard
Minimum
Type of
Backflow
Prevention
(1) Sewage and Hazardous Substances
(a) Premises where there are wastewater pumping and/or treatment plants and there is no interconnection with the potable water system. This does not include a single-family residence that has a sewage lift pump. An RP may be provided in lieu of an AG if approved the City Utilities Division.
(b) Premises where hazardous substances are handled in any manner in which the substances may enter a potable water system. This does not include a single-family residence that has a sewage lift pump. An RP may be provided in lieu of an AG if approved the City Utilities Division.
(c) Premises where there are irrigation systems into which fertilizers, herbicides, or pesticides are, or can be, injected.

AG
AG
RP
(2) Auxiliary Water Supplies
AG
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(a) Premises where there is an unapproved Auxiliary Supply which is interconnected with the Public Water System. An RP or DC may be provided· in lieu of an AG if approved the City Utilities Division. (b) Premises where there is an unapproved Auxiliary Supply and there are no interconnections with the Public Water System. A DC may be provided in lieu of an RP if approved by City Utilities Division.

RP
(3) Recycled Water
(a) Premises where the public water system is used to supplement the recycled water supply.
(b) Premises where recycled water is used and there is no interconnection with the potable water system.

AG
RP
(4) Fire Protection Systems
(a) Premises where the fire system is directly supplied from the Public Water System and there is an unapproved Auxiliary Supply on or to the Premises (not interconnected).
(b) Premises where the fire system is supplied from the Public Water System and interconnected with an unapproved Auxiliary Supply.

An RP may be provided in lieu of an AG if approved by the City Utilities Division.
(c) Premises where the fire system is supplied from the Public Water System and where either elevated storage tanks or fire pumps which take suction from private reservoirs or tanks are used. (d) Buildings where the fire system is supplied from the Public Water System and where recycled water is used in a separate piping system within the same building.

DC
AG
DC
DC
(5) Dockside Watering Points and Marine Facilities
(a) Pier hydrants for supplying water to vessels for any purpose. (b) Premises where there are marine facilities.

RP
RP
(6) Premises where entry is restricted so that inspections for Cross Connection cannot be made with sufficient frequency or at sufficiently short notice to assure that Cross Connection do not exist either.

RP
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(7) Premises where there is a repeated history of Cross Connections being established or re-established.

RP
b. Two or more services supplying water from different street mains to the same building, structure, or Premises through which an inter-street main flow may occur shall have at least a standard check valve on each water service to be located adjacent to and on the property side of the respective meters. such check valve shall not be considered adequate if Backflow protection is deemed necessary to protect the City's mains from pollution or Contamination; in such cases the installation of Approved Backflow Assemblies at such Service Connections shall be required.

D. BACKFLOW PREVENTION ASSEMBLIES

1. Approved Backflow Prevention Assemblies
a. Only Approved Backflow Prevention Assemblies that have been approved by the City shall be acceptable for installation by a Water User connected to the City's potable water system. b. The City will provide, upon request, to any affected customer a list of Approved Backflow Prevention Assemblies.

2. Approved Backflow Prevention Assembly Installation
a. Approved Backflow Prevention Assemblies shall be installed in the CCCMP. Location of the assemblies should be as close as practical to the user's connection. The City shall have the final authority in determining the required location of an Approved Backflow Prevention Assembly.
(1) Air-Gap Separation (AG). The Air-Gap Separation shall be located on the user's side of and as close to the Service Connection as is practical. All piping from the Service Connection to the receiving tank shall be above grade and be entirely visible. No water use shall be provided from any point between the Service Connection and the Air-Gap Separation.

The water inlet piping shall terminate a distance of at least two (2) pipes diameters of the supply inlet, but in no case less than one inch (1") above the over- flow rim of the receiving tank. (2) Reduced Pressure Principle Backflow Prevention
Assembly (RP). The approved Reduced Pressure Principle
Backflow Prevention Assembly shall be installed on the user's 23 Ordinance No. 1794 Page 7
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side of and as close to the Service Connection as is practical.

The assembly shall be installed a minimum of twelve inches (12") above grade and not more than thirty-six inches (36") above grade measured from the bottom of the assembly and with a minimum of twelve inches (12") side clearance. The assembly shall be installed so that it is readily accessible for maintenance and testing. Water supplied from any point
between the Service Connection and the RP assembly shall be protected in a manner approved by the City.
(3) Double Check Valve Assembly (DC). The approved
Double Check Valve Assembly shall be located as close as practical to the user's Service Connection and shall be installed above grade, if possible, and in a manner where it is readily accessible for testing and maintenance. If a Double Check Valve Assembly is put below grade it must be installed in a vault such that there is a minimum of six inches (6”) between the bottom of the vault and the bottom of the
assembly so that the top of the assembly is no more than a maximum of eight inches (8") below grade, so there is a minimum of twenty four inches (24") of clearance between the side of the assembly with the test cocks and the side of the vault, and so there is a minimum of twelve inches (12") clearance between the other side of the assembly and the side of the vault. Special consideration must be given to Double Check Valve Assembles of the "Y" type. These assemblies must be installed on their "side" with the test cocks in a vertical position so that either check valve may be removed for service without removing the assembly. Vaults which do not have an integrated bottom must be placed on a three-inch (3") layer of gravel.

3. Approved Backflow Prevention Assembly Testing and Maintenance a. The owners of any Premises on which, or on account of which, Approved Backflow Prevention Assemblies are installed shall have the assemblies tested by a Person who has
demonstrated their competency to the City in testing these assemblies. Approved Backflow Prevention Assemblies must be tested at least annually and immediately after installation, relocation, or repair. The City may require a more frequent testing schedule if it is determined to be necessary. No assembly shall be placed back in service unless it is
functioning. as required. A report in a form acceptable to the City· shall be filed with the City each time an assembly is tested, relocated, or repaired. These assemblies shall be 24 Ordinance No. 1794 Page 8
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serviced, overhauled, or replaced whenever they are found to be defective and all costs of testing, repair, and maintenance shall be borne by the Water User.
b. The City will supply affected Water Users with a list of Persons licensed to test and certify Approved Backflow Prevention Assemblies. The City will notify affected customers by mail when annual testing of an assembly is needed and also supply users with the necessary forms which must be filled out each time an assembly is tested or repaired.

4. Approved Backflow Prevention Assembly Removal.
a. Approval must be obtained from the City before an Approved Backflow Prevention Assembly is removed, relocated, or
replaced.
(1) Removal: The use of an assembly may be
discontinued and the assembly removed from service
upon presentation of sufficient evidence to the City to verify that a hazard no longer exists or is not likely to be created in the future;
(2) Relocation: An assembly may be relocated following
confirmation by the City that the relocation will continue to provide the required protection and satisfy
installation requirements. A retest will be required
following the relocation of the assembly;
(3) Repair: An assembly may be removed for repair,
provided the water use is either discontinued until
repair is completed and the assembly is returned to
service, or the Service Connection is equipped with
other Backflow Prevention Assembly approved by the
City. A retest will be required following the repair of the assembly; and
(4) Replacement: An assembly may be removed and
replaced provided the water use is discontinued until
the replacement assembly is installed. All replacement
assemblies must be approved. by the City and must be
commensurate with the degree of hazard involved.

E. USER SUPERVISOR
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At each Premises where it is necessary, in the opinion of the City, a user supervisor shall be designated by and at the expense of the water User.

This user supervisor shall be responsible for the monitoring of the Approved Backflow Prevention Assemblies and for avoidance of cross Connections. In the event of Contamination or pollution of the drinking water system due to a Cross Connection on the Premises, the City shall be promptly notified by the user supervisor so that appropriate measures may be taken to overcome the contamination. The Water User shall inform the City of the user supervisor's identity on, as a minimum, an annual basis and whenever a change occurs.

F. ADMINISTRATIVE PROCEDURES

1. Water system survey
a. The City shall review all requests for new services to determine if Backflow protection is needed. Plans and
specifications must be submitted to the City upon request for review of possible Cross Connection hazards as a condition of service for new Service Connections. If it is determined that an Approved Backflow Prevention Assembly is necessary to protect the Public Water System, the required assembly must be installed before service will be granted.
b. The City may require an on-Premises inspection to evaluate Cross Connection hazards. The City will transmit a written notice requesting an inspection appointment to each affected Water User. Any Water User who cannot or will not allow an on-Premises inspection of his piping system shall be required to install the Approved Backflow Prevention Assembly the City considers necessary.
c. The City may, at its discretion, require a reinspection for Cross Connection hazards of any Premises to which it serves water.

The City will transmit a written notice requesting an inspection appointment to each affected Water User. Any Water User who cannot or will not allow an on-Premises inspection of his piping system shall be required to install the Approved Backflow Prevention Assembly the City considers necessary.

2. Customer Notification - Assembly Installation
a. The City will notify the Water User of the survey findings, listing the corrective actions to be taken if any are required. A period of thirty (30) days will be given to complete all 26 Ordinance No. 1794 Page 10
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corrective actions required, including installation of Approved Backflow Prevention Assemblies.
b. A second notice will be sent to each Water User who does not take the required corrective actions prescribed in the first notice within the thirty (30) day period allowed. The second notice will give the Water User a two (2) week period to take the required corrective action. If no action is taken within the two (2) week period, the City may terminate water service to the affected Water User until the required corrective actions are taken.

3. Customer Notification - Testing and Maintenance
a. The City will notify each affected Water User when it is time for the Approved Backflow Prevention Assembly installed on their Service Connection to be tested. This written notice shall give the Water User thirty (30) days to have the assembly tested. The City will supply the Water User with the necessary form to be completed and resubmitted to the City.
b. A second notice shall be sent to each Water User who does not have his/her Approved Backflow Prevention Assembly
tested within the thirty (30) day period as prescribed in the first notice. The second notice will give the Water User a two (2) week period to have his/her Approved Backflow Prevention Assembly tested. If no action is taken within the two (2) week period, the City may terminate water service to the affected Water User until the subject assembly is tested.

4. Administrative Fees
The City Council shall, by resolution, establish such fees as are necessary to implement the City's Backflow prevention program.

Such fees may be amended from time to time, by resolution, as the City Council deems necessary. Any failure to timely pay such fee as may be adopted or amended from time to time shall result in the City discontinuing water service to the premises until such time as the delinquent fee, plus any assessed penalty, has been received by the City.

G. WATER SERVICE TERMINATION

1. General
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When the City encounters water uses that represent a clear and immediate hazard to the potable water supply that cannot be immediately abated, the City shall. institute the procedure for discontinuing the City water service.

2. Basis For Termination
Conditions or water uses that create a basis for water service termination shall include, but are not limited to, the following items:
a. Refusal to install a required Approved Backflow Prevention Assembly;
b. Refusal to test an Approved Backflow Prevention Assembly; c. Refusal to repair a faulty Approved Backflow Prevention Assembly;
d. Refusal to replace a faulty Approved Backflow Prevention Assembly;
e. Direct or indirect connection between the Public Water System and a sewer line;
f. Unprotected direct or indirect connection between the Public Water System and a system or equipment containing
contaminants;
g. Unprotected direct or indirect connection between the Public Water System and an Auxiliary System; and
h. A situation which presents an immediate health hazard to the Public Water System.

3. Water Service Termination Procedures
a. For conditions in subsections a, b, c, or d above, the City will terminate service to a customer's premise after two (2) written notices have been sent specifying the corrective action needed and the time period in which it must be done. If no action is taken within the allowed time period, water service may be terminated.
b. For conditions in subsections e, f, g, or h above, the City will take the following steps:
28 Ordinance No. 1794 Page 12
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(1) Make a reasonable effort to advise the Water User of the City's intent to terminate water service;
(2) Terminate water supply and lock service valve. The
water service will remain inactive until correction of
violation has been approved by the City.
c. All termination notices and procedures shall comply with applicable state and federal law.

H. TESTER CERTIFICATION AND QUALIFICATIONS
The following are minimum requirements:
a. Testers shall have had at least two (2) years’ experience in plumbing or pipe fitting, or equivalent qualifications. b. Testers shall hold a valid certification from AWWA.
c. Each tester of Approved Backflow Prevention Assemblies shall furnish evidence to show that he or she has available the necessary tools and equipment to properly test such
assemblies. He or she shall be responsible for the
competency and accuracy of all tests and reports prepared by him or her.
d. Testers shall hold a current City of San Clemente business license, Section 8-2, City Municipal Code.

SECTION 3. Based on a review of the record as a whole, the City Council finds and determines that this Ordinance is exempt from the California Environmental Quality Act (CEQA). Compliance with the CCCPH is mandatory for all California Public Water Systems as defined in California Health and Safety Code section 116275(h), which includes the City’s water system. Because compliance is mandatory, there is no discretionary action being taken in this Ordinance and therefore no “project” exists within the meaning of the California Environmental Quality Act. In addition, in accordance with Section 15061(b)(3) of the CEQA Guidelines, the Ordinance is not subject to CEQA review because it can be seen with certainty that there is no possibility that the amendments to SCMC section 13.04.350 will have a significant effect on the environment.

SECTION 4. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or any part thereof, is for any reason held to be invalid, such decision shall not offset the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid.
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SECTION 5. This Ordinance shall take effect thirty (30) days from the date of its passage. Before the expiration of fifteen (15) days after its passage, this Ordinance shall be published in a newspaper of general circulation, printed and published in the City of San Clemente.

APPROVED AND ADOPTED this _____day of _________________, ________.

ATTEST:
_______________________________ ___________________________ City Clerk of the City of Steve Knoblock, Mayor of the City San Clemente, California of San Clemente, California
30 Ordinance No. 1794 Page 14
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1794 having been regularly introduced at the meeting of _______________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______, and said ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________.
__________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
____________________________
Elizabeth A. Mitchell, City Attorney
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13.04.350. Cross connection and backflow protection.

A. INTENT

1. The purpose of this sectionOrdinance is (1a) to protect the public water supply against actual or potential contaminationContamination through ·crossconnections Connections by isolating sources of contaminationContamination that may occur within a water user's premisesWater User's Premises because of some undiscovered or unauthorized cross-connection Cross Connection on the premises; (2Premises; (b) to eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable forfor human consumption; (3c) to eliminate cross-connectionsCross· Connections between drinking water systems and sources of contaminationContamination; and (4d) to prevent the making of cross-connectionsCross Connections in the future.

3. These regulations are adopted pursuant to California Code of Regulations, Title 17, Chapter 5, Subchapter 1, Group CCCPH.
4 "Drinking Water Supplies."
. It is hereby declared to be unlawful for any personPerson, firm, or corporation at any time to make or maintain or cause to be made or maintained, temporarily or permanently, for any period of time whatsoever, any crossconnectionCross Connection between plumbing pipes or water fixtures being served with water by the City water department and any other source of water supply, or to maintain any sanitary fixture or other appurtenances or fixtures which, by reason of their construction, may cause or allow backflowBackflow of water or other substances into the water supply system of the City and/or the service of water pipes or fixtures of any consumer of the City.

Attachment 2
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"Approved backflow prevention assembly" means an assembly which has passed laboratory and field evaluation tests performed by a recognized testing organization which has demonstrated their competency to perform such tests to the California Department of Health Services or successor organization. "Approved water supply" means any water supply whose potability is regulated by a state or local Health Agency.
"Auxiliary supply" means any water supply on or available to the premises other than the approved water supply.
"AWWA Standard" means an official standard developed and approved by the American Water Works Association (AWWA).
"Backflow" means a flow condition, caused by a differential in pressure, that causes the flow of water or other liquids, gases, mixtures, or substances into the distributing pipes of a potable supply of water from any source or sources other than an approved water supply source. Backsiphonage is one cause of backflow. Back pressure is another cause.
"Contamination" means a degradation of the quality of the potable water by any foreign substance which creates a hazard to the public health, or which may impair the usefulness or quality of the water. "Cross-connection" as used in this chapter means any unprotected actual or potential connection between a potable water system used to supply water for drinking purposes and any source or system containing unapproved water or a substance that is not or cannot be approved as safe, wholesome, and potable. Bypass arrangements, jumper connections, removable sections, swivel or changeover assemblies, or other assemblies through which backflow could occur, shall be considered to be cross-connections. "Double check valve assembly" means an assembly of two (2) internally loaded, independently acting check valves, including resilient seated shut-off valves on each end of the assembly and test cocks for testing the watertightness of each check valve.
"Health Agency" means the California Department of Health Services. "Local Health Agency" means the Orange County Health Care Agency, Environmental Health Division. "Person" means an individual, corporation, company, association, partnership, municipality, public utility, or other public body or institution.
"Premises" means any and all areas on a water user's property which are served or have the potential to be served by the public water system.
"Public water system" means a system for the provision of piped water to the public for human consumption that has five or more service connections or regularly serves an average of twenty-five (25) individuals daily at least sixty (60) days out of the year.
"Reclaimed/recycled water" means a wastewater which, as a result of treatment, is suitable for uses other than potable use.
"Reduced pressure principle backflow prevention assembly" means an assembly incorporating two (2) internally loaded, independently operating check valves and an automatically operating differential relief valve located between the two (2) checks, including resilient seated shut-off valves on each end of the assembly, and equipped with necessary toot cocks for testing the assembly. "Service connection" refers to the point of connection of a user's piping to the water supplier's facilities. "Water supplier" means the person who owns or operates the approved water supply system. "Water user" means any person obtaining water from an approved water supply system. 33 Created: 2025-07-14 13:32:29 [EST]
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C. Cross-Connection Protection Requirements.

C. CROSS CONNECTION PROTECTION REQUIREMENTS

1. General Provisions.
a. Unprotected cross-connectionsCross Connections with the public water supply are prohibited.
b. Whenever backflowBackflow protection has been found
necessary, the City will require the water userWater· User to install an approved backflow prevention assemblyApproved Backflow Prevention Assembly by and at his or her expense in order to maintain continued services or before a new service will be initiated.
c. Wherever backflowBackflow protection has been found
necessary on a water supply line entering a water user's premisesWater User's Premises, any and all water supply lines from the City's mains entering such premisesPremises, buildings, or structures shall be protected by an approved backflow prevention assembly.Approved Backflow Prevention Assembly. The type of assembly will be in accordance with the requirements of this section.

2. Where Protection is Required.
a. Each service connection Service Connection from the City water system for supplying water to premisesPremises having an auxiliary supplyAuxiliary Supply shall be protected against backflowBackflow of water from the premisesPremises into the public water systemPublic Water System unless the auxiliary water supplyAuxiliary Water Supply is accepted and approved as an additional source by the City and is approved by the Health Agency. . b. Each service connectionService Connection from the City water system for supplying water to any premisesPremises on which any substance is handled in such fashion as may allow its entry into the water system shall be protected against backflowBackflow of the water from the premisesPremises into the public system. This shall include the handling of process waters and waters originating from the City water system which have been subjected to deterioration in sanitary quality.
c. Approved backflow prevention assembliesBackflow Prevention Assemblies shall be installed on service connectionsService 34 Created: 2025-07-14 13:32:29 [EST]
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Connections to any premisesPremises having: (a) internal crossconnectionsCross Connections that cannot be permanently corrected and controlled to the satisfaction of the stateState or local health department and the City; or (b) intricate plumbing and piping arrangements or premisesPremises construction such that entry to all portions of the premisesPremises are not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not cross-connectionsCross Connections exist.

3. Type of Protection Required.
a. The type of protection that shall be provided to prevent backflowBackflow into the approved water supplyApproved Water Supply shall be commensurate with the degree of hazard that exists on the consumer's premisesPremises. The type of protective assembly that may be required (listed in an increasing level of protection) includes: double check valve assemblyDouble Check Valve Assembly (DC), reduced pressure principle approved backflow prevention assemblyReduced Pressure Principle Approved Backflow Prevention Assembly (RP), and an air-gap separationAir-Gap Separation (AG).

The water userWater User may choose a higher level of protection than required by the City. The minimum types of backflowBackflow protection required to protect the approved water supplyApproved Water Supply at the user's water connection to premisesPremises with varying degrees of hazard are given in Table 13.04.3501.

Situations which are not covered in Table 13.04.3501 shall be evaluated on a case-by-case basis and the appropriate
backflowBackflow protection shall be determined by the City or Health Agency. .

TABLE 1

TYPE OF BACKFLOW PROTECTION REQUIRED
Table 13.04.350
Type of Backflow Protection Required
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Degree of Hazard
Minimum
Type of
Backflow
Prevention

1. Sewage and Hazardous Substances
a. Premises where there are wastewater pumping and/or treatment plants and there is no interconnection with the potable water system.

This does not include a single-family residence that has a sewage lift pump. An RP may be provided in lieu of an AG if approved by the Health Agency and the City Utilities Division.

AG
(1) Sewage and Hazardous Substancesb.
(a) Premises where there are wastewater pumping and/or treatment plants and there is no interconnection with the potable water system. This does not include a single-family residence that has a sewage lift pump. An RP may be provided in lieu of an AG if approved the City Utilities Division.
(b) Premises where hazardous substances are handled in any manner in which the substances may enter a potable water system. This does not include a single-family residence that has a sewage lift pump. An RP may be provided in lieu of an AG if approved by the Health Agency and the City Utilities Division.
(c) Premises where there are irrigation systems into which fertilizers, herbicides, or pesticides are, or can be, injected.

AG
AG
RP
c. Premises where there are irrigation systems into which fertilizers, herbicides, or pesticides are, or can be, injected.

2. Auxiliary Water Supplies
(2) a. Auxiliary Water Supplies
(a) Premises where there is an unapproved auxiliary supplyAuxiliary Supply which is interconnected with the public water system.Public Water System. An RP or DC may be provided· in lieu of an AG if approved by the Health Agency and the City Utilities Division.

AG
RP
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(b) Premises where there is an unapproved Auxiliary Supply and there are no interconnections with the Public Water System. A DC may be provided in lieu of an RP if approved by City Utilities Division. b. Premises where there is an unapproved auxiliary supply and there are no interconnections with the public water system. A DC may be provided in lieu of an RP if approved by the Health Agency and City Utilities Division.

3. Recycled Water
a. Premises where the public water system is used to supplement the recycled water supply.

AG
(3) b. Recycled Water
(a) Premises where the public water system is used to supplement the recycled water supply.
(b) Premises where recycled water is used and there is no interconnection with the potable water system.

AG
RP

4. Fire Protection Systems
a. Premises where the fire system is directly supplied from the public water system and there is an unapproved auxiliary supply on or to the premises (not interconnected).

DC
b. (4) Fire Protection Systems
(a) Premises where the fire system is directly supplied from the public water Public Water System and there is an unapproved Auxiliary Supply on or to the Premises (not interconnected).
(b) Premises where the fire system is supplied from the Public Water System and interconnected with an unapproved auxiliary
supply.Auxiliary Supply. An RP may be provided in lieu of an AG if approved by the Health Agency and City Utilities Division. (c) Premises where the fire system is supplied from the Public Water System and where either elevated storage tanks or fire pumps which take suction from private reservoirs or tanks are used. (d) Buildings where the fire system is supplied from the Public Water System and where recycled water is used in a separate piping system within the same building.

DC
AG
DC
DC
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c. Premises where the fire system is supplied from the public water system and where either elevated storage tanks or fire pumps which take suction from private reservoirs or tanks are used.

DC
d. Buildings where the fire system is supplied from the public water system and where recycled water is used in a separate piping system within the same building.

5. Dockside Watering Points and Marine Facilities
(5) a. Dockside Watering Points and Marine Facilities
(a) Pier hydrants for supplying water to vessels for any purpose. (b) Premises where there are marine facilities.

RP
RP
b. Premises where there are marine facilities. RP
(6) 6. Premises where entry is restricted so that inspections for crossconnectionsCross Connection cannot be made with sufficient frequency or at sufficiently short notice to assure that cross-connectionsCross Connection do not exist. either.

RP
(7) 7. Premises where there is a repeated history of cross-connectionsCross Connections being established or re-established.

RP
b. Two (2) or more services supplying water from different street mains to the same building, structure, or premisesPremises through which an interstreetinter-street main flow may occur shall have at least a standard check valve on each water service to be located adjacent to and on the property side of the respective meters. Suchsuch check valve shall not be considered adequate if back-flowBackflow protection is deemed necessary to protect the City's mains from pollution or contaminationContamination; in such cases the installation of approved backflow assembliesApproved Backflow Assemblies at such service connectionsService Connections shall be required.

D. Backflow Prevention Assemblies. BACKFLOW PREVENTION

ASSEMBLIES

1. Approved Backflow Prevention Assemblies.
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a. Only approved backflow prevention assemblies whichApproved Backflow Prevention Assemblies that have been approved by the City shall be acceptable for installation by a water userWater User connected to the City's potable water system. b. The cityCity will provide, upon request, to any affected customer a list of approved backflow prevention assemblies.

2. Approved Backflow Prevention Assemblies.

2. Approved Backflow Prevention Assembly Installation.
a. Approved backflow prevention assembliesBackflow Prevention Assemblies shall be installed in a manner prescribed in Section 7603, Title 17 of the California Administrative CodeCCCMP.

Location of the assemblies should be as close as practical to the user's connection. The City shall have the final authority in determining the required location of an approved backflow prevention assembly. Approved Backflow Prevention Assembly. i.
(1) Air-Gap Separation (AG). The air-gap separationAir-Gap Separation shall be located on the user's side of and as close to the service connectionService Connection as is practical. All piping from the service connectionService Connection to the receiving tank shall be above grade and be entirely visible. No water use shall be provided from any point between the service connectionService Connection and the air-gap separationAirGap Separation. The water inlet piping shall terminate a distance of at least two (2) pipes diameters of the supply inlet, but in no case less than one (1) inch (1") above the
overflowover- flow rim of the receiving tank.
ii.
(2) Reduced Pressure Principle Backflow Prevention
Assembly (RP). The approved reduced pressure principle
backflow prevention assemblyReduced Pressure Principle
Backflow Prevention Assembly shall be installed on the user's side of and as close to the service connectionService
Connection as is practical. The assembly shall be installed a minimum of twelve (12) inches (12") above grade and not more than thirty-six inches (36) inches") above grade measured from the bottom of the assembly and with a minimum of twelve (12) inches (12") side clearance. The assembly shall be installed so that it is readily accessible for maintenance and testing.

Water supplied from any point between the service
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connectionService Connection and the RP assembly shall be protected in a manner approved by the City.
iii.
(3) Double Check Valve Assembly (DC). The approved
double check valve assemblyDouble Check Valve Assembly
shall be located as close as practical to the user's service connectionService Connection and shall be installed above grade, if possible, and in a manner where it is readily accessible for testing and maintenance. If a double check valve assemblyDouble Check Valve Assembly is put below grade it must be installed in a vault such that there is a minimum of six (6) inches (6”) between the bottom of the vault and the bottom of the assembly so that the top of the assembly is no more than a maximum of eight (8) inches (8") below grade, so there is a minimum of twenty- four (24) inches (24") of clearance between the side of the assem-blyassembly with the test cocks and the side of the vault, and so there is a minimum of twelve (12) inches (12") clearance between the other side of the assembly and the side of the vault. Special consideration must be given to double check valve assembliesDouble Check Valve Assembles of the "Y" type. These assemblies must be
installed on their "side" with the teststest cocks in a vertical position so that either check valve may be removed for service without removing the assembly. Vaults which do not have an integrated bottom must be placed on a three (3) -inch (3") layer of gravel.

3. Approved Backflow Prevention Assembly Testing and Maintenance. a. The owners of any premisesPremises on which, or on account of which, approved backflow prevention assembliesApproved Backflow Prevention Assemblies are installed shall have the assemblies tested by a personPerson who has demonstrated their competency to the City in testing these assemblies.

Approved backflow prevention assembliesBackflow Prevention Assemblies must be tested at least annually and immediately after installation, relocation, or repair. The City may require a more frequent testing schedule if it is determined to be necessary. No assembly shall be placed back in service
unless it is functioning. as required. A report in a form acceptable to the City· shall be filed with the City each time an assembly is tested, relocated, or repaired. These assemblies shall be serviced, overhauled, or replaced whenever they are 40 Created: 2025-07-14 13:32:29 [EST]
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found to be defective and all costs of testing, repair, and maintenance shall be borne by the water user. Water User. b. The City will supply affected water usersWater Users with a list of personsPersons licensed to test and certify approved backflow prevention assemblies.Approved Backflow Prevention
Assemblies. The cityCity will notify affected customers by mail when annual testing of an assembly is needed and also supply users with the necessary forms which must be filled out each time an assembly is tested or repaired.

4. Approved Backflow Prevention Assembly Removal.
a. Approval must be obtained from the City before an approved backflow prevention assemblyApproved Backflow Prevention Assembly is removed, relocated, or replaced.
i.
(1) Removal.: The use of an assembly may be
discontinued and the assembly removed from service
upon presentation of sufficient evidence to the City to verify that a hazard no longer exists or is not likely to be created in the future;
ii.
(2) Relocation.: An assembly may be relocated following confirmation by the City that the relocation will continue to provide the required protection and satisfy
installation requirements. A retest will be required
following the relocation of the assembly;
iii.
(3) Repair.: An assembly may be removed for repair,
provided the water use is either discontinued until
repair is completed and the assembly is returned to
service, or the service connectionService Connection is equipped with other backflow prevention
assemblyBackflow Prevention Assembly approved by
the City. A retest will be required following the repair of the assembly; and
iv.
(4) Replacement.: An assembly may be removed and
replaced provided the water use is discontinued until
the replacement assembly is installed. All replacement
assemblies must be approved. by the City and must be
commensurate with the degree of hazard involved.
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E. User Supervisor. USER SUPERVISOR
At each premisesPremises where it is necessary, in the opinion of the City, a user supervisor shall be designated by and at the expense of the water userUser. This user supervisor shall be responsible for the monitoring of the approved backflow prevention assembliesApproved Backflow Prevention Assemblies and for avoidance of cross-connections Connections. In the event of contaminationContamination or pollution of the drinking water system due to a cross-connectionCross Connection on the premisesPremises, the City shall be promptly notified by the user supervisor so that appropriate measures may be taken to overcome the contamination. The water userWater User shall inform the City of the user supervisor's identity on, as a minimum, an annual basis and whenever a change occurs.

F. Administrative Procedures.

F. ADMINISTRATIVE PROCEDURES

1. Water System Survey. system survey
a. The City shall review all requests for new services to determine if backflowBackflow protection is needed. Plans and specifications must be submitted to the City upon request for review of possible cross-connectionCross Connection hazards as a condition of service for new service
connections.Service Connections. If it is determined that an approved backflow prevention assemblyApproved Backflow
Prevention Assembly is necessary to protect the public water systemPublic Water System, the required assembly must be installed before service will be granted.
b. The City may require an on-premisesPremises inspection to evaluate cross-connectionCross Connection hazards. The City will transmit a written notice requesting an inspection appointment to each affected water userWater User. Any water userWater User who cannot or will not allow an onpremisesPremises inspection of his or her piping system shall be required to install the approved backflow prevention assemblyApproved Backflow Prevention Assembly the City
considers necessary.
c. The City may, at its discretion, require a reinspection for crossconnectionCross Connection hazards of any premisesPremises to which it serves water. The City will transmit a written notice 42 Created: 2025-07-14 13:32:29 [EST]
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requesting an inspection appointment to each affected water userWater User. Any water userWater User who cannot or will not allow an on-premisesPremises inspection of his piping system shall be required to install the approved backflow prevention assemblyApproved Backflow Prevention Assembly the City considers necessary.

2. Customer Notification— - Assembly Installation.
a. The City will notify the water userWater User of the survey findings, listing the corrective actions to be taken if any are required. A period of sixty (60thirty (30) days will be given to complete all corrective actions required, including installation of approved backflow prevention assemblies. Approved Backflow Prevention Assemblies.
b. A second notice will be sent to each water userWater User who does not take the required corrective actions prescribed in the first notice within the sixty (60thirty (30) day period allowed.

The second notice will give the water userWater User a two (2) week period to take the required corrective action. If no action is taken within the two (2) week period, the City may terminate water service to the affected water userWater User until the required corrective actions are taken.

3. Customer Notification— - Testing and Maintenance.
a. The City will notify each affected water userWater User when it is time for the approved backflow prevention assemblyApproved Backflow Prevention Assembly installed on their service connectionService Connection to be tested. This written notice shall give the water userWater User thirty (30) days to have the assembly tested. The City will supply the water userWater User with the necessary form to be completed and resubmitted to the City.
b. A second notice shall be sent to each water userWater User who does not have his/her approved backflow prevention
assemblyApproved Backflow Prevention Assembly tested
within the thirty (30) day period as prescribed in the first notice. The second notice will give the water userWater User a two (2) week period to have his/her approved backflow
prevention assemblyApproved Backflow Prevention Assembly tested. If no action is taken within the two (2) week period, the 43 Created: 2025-07-14 13:32:29 [EST]
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City may terminate water service to the affected water
userWater User until the subject assembly is tested.

4. Administrative Fees.

The City Council shall, by resolution, establish such fees as are necessary to implement the city's backflowCity's Backflow prevention program. Such fees may be amended from time to time, by resolution, as the City Council deems necessary. Any failure to timely pay such fee as may be adopted or amended from time to time shall result in the City discontinuing water service to the premises until such time as the delinquent fee, plus any assessed penalty, has been received by the City.

G. Water Service Termination.

G. WATER SERVICE TERMINATION

1. General.

When the City encounters water uses that represent a clear and immediate hazard to the potable water supply that cannot be immediately abated, the City shall. institute the procedure for discontinuing the City water service.

2. Basis For Termination.

Conditions or water uses that create a basis for water service termination shall include, but are not limited to, the following items:
a. Refusal to install a required approved backflow prevention assembly; Approved Backflow Prevention Assembly;
b. Refusal to test an approved backflow prevention assembly; Approved Backflow Prevention Assembly;
c. Refusal to repair a faulty approved backflow prevention assembly; Approved Backflow Prevention Assembly;
d. Refusal to replace a faulty approved backflow prevention assembly; Approved Backflow Prevention Assembly;
e. Direct or indirect connection between the public water systemPublic Water System and a sewer line;
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f. Unprotected direct or indirect connection between the public water systemPublic Water System and a system or equipment containing contaminants;
g. Unprotected direct or indirect connection between the public water systemPublic Water System and an auxiliary
systemAuxiliary System; and
h. A situation which presents an immediate health hazard to the public water system. Public Water System.

3. Water Service Termination Procedures.
a. For conditions in subsections (G)(2)(a), (, b), (, c), or (d), above, the City will terminate service to a customer's
premisespremise after two (2) written notices have been sent specifying the corrective action needed and the time period in which it must be done. If no action is taken within the allowed time period, water service may be terminated.
b. For conditions in subsections (G)(2)(e), (, f), (, g), or (h), above, the City will take the following steps:
i.
(1) Make a reasonable effort to advise the water userWater User of the City's intent to terminate water service;
ii.
(2) Terminate water supply and lock service valve. The
water service will remain inactive until correction of
violationsviolation has been approved by the City.

H. Tester Certification c. All termination notices and
Qualifications.procedures shall comply with applicable state and federal law.

H. TESTER CERTIFICATION AND QUALIFICATIONS
The following are minimum requirements:
a. Testers shall have had at least two (2) yearsyears’ experience in plumbing or pipe fitting, or equivalent qualifications. b. Testers shall hold a valid certification from the Orange County Health Care Agency, Environmental Health Division.AWWA. 45 Created: 2025-07-14 13:32:29 [EST]
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c. Each tester of approved backflow prevention
assembliesApproved Backflow Prevention Assemblies shall furnish evidence to show that he or she has available the necessary tools and equipment to properly test such
assemblies. He or she shall be responsible for the
competency and accuracy of all tests and reports prepared by him or her.
d. Testers shall hold a current City of San Clemente business license, Section 5.04.0208-2, City Municipal Code.
46 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DW) Brea
2025
This Cross Connection Control Management Plan
has been prepared in compliance with the
California State Water Board CCCPH.
_________________________________
Kevin Kerr
Certified Cross Connection Control Program
Specialist, No. 03545, Expires: 11/30/2025
Cross Connection Control
DĂŶĂŐĞŵĞŶƚWůĂŶ
910 Calle Negocio
San Clemente, CA 92673
(949) 361-8200
san-clemente.org
PWS No. CA 3010036
en prepared in compliance with the
nia State Water Board CCCPH.
_________________________
Kerr
$WWDFKPHQW3
47 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025 i
Table of Contents
1 ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůWŽůŝĐǇKǀĞƌǀŝĞǁ ...................................................................................... 1-1

1.1 KďũĞĐƟǀĞ .................................................................................................................................. 1-1

1.2 Applicability .............................................................................................................................. 1-1

1.3 WŽůŝĐǇ ĞǀĞůŽƉŵĞŶƚ ĂĐŬŐƌŽƵŶĚ ĂŶĚ >ĞŐĂů Authorities........................................................... 1-1

1.4 California Safe ƌŝŶŬŝŶŐ Water Act ........................................................................................... 1-1

1.5 Acronyms ĂŶĚ ďďƌĞǀŝĂƟŽŶƐ ................................................................................................... 1-3

1.6 ĞĮŶŝƟŽŶƐ ĂŶĚ General Requirements .................................................................................... 1-4 2 ,ĂǌĂƌĚƐƐĞƐƐŵĞŶƚƐĂŶĚZĞƋƵŝƌĞĚWƌŽƚĞĐƟŽŶ ................................................................................ 2-1

2.1 ,ĂǌĂƌĚƐƐĞƐƐŵĞŶƚƐ ................................................................................................................. 2-1

2.2 ,ĂǌĂƌĚƐƐĞƐƐŵĞŶƚWƌŽĐĞƐƐ ..................................................................................................... 2-2

2.2.1 WŚĂƐĞϭ– ŽŶŶĞĐƟŽŶƐǁŝƚŚĂĐŬŇŽǁWƌŽƚĞĐƟŽŶ ........................................................... 2-2

2.2.2 WŚĂƐĞϮ- ŽŵŵĞƌĐŝĂůͬ/ŶĚƵƐƚƌŝĂůŽŶŶĞĐƟŽŶƐǁŝƚŚŽƵƚĂĐŬŇŽǁWƌŽƚĞĐƟŽŶ ................. 2-3

2.2.3 WŚĂƐĞϯ– ZĞƐŝĚĞŶƟĂůŽŶŶĞĐƟŽŶƐǁŝƚŚŽƵƚĂĐŬŇŽǁWƌŽƚĞĐƟŽŶ ................................... 2-3 3 KƉĞƌĂƟŶŐZƵůĞƐŽƌKƌĚŝŶĂŶĐĞƐ ........................................................................................................ 3-1 4 ĂĐŬŇŽǁWƌĞǀĞŶƟŽŶ ........................................................................................................................ 4-1

4.1 ĂĐŬŇŽǁWƌĞǀĞŶƟŽŶZĞƋƵŝƌĞŵĞŶƚƐ ......................................................................................... 4-1

4.2 ĂĐŬŇŽǁ WƌĞǀĞŶƟŽŶ Assemblies .............................................................................................. 4-3

4.2.1 ^ƚĂŶĚĂƌĚƐĨŽƌdǇƉĞƐŽĨĂĐŬŇŽǁWƌŽƚĞĐƟŽŶ .................................................................... 4-3

4.2.2 /ŶƐƚĂůůĂƟŽŶ Criteria for ĂĐŬŇŽǁ WƌŽƚĞĐƚŝŽŶ .................................................................... 4-4 5 Non-dĞƐƚĂďůĞĞǀŝĐĞƐ ....................................................................................................................... 5-1

5.1 Non-ƚĞƐƚĂďůĞďĂĐŬŇŽǁƉƌĞǀĞŶƚĞƌƚĞƐƟŶŐƉƌŽĐĞĚƵƌĞƐ ............................................................. 5-1 6 ĞƌƟĮĞĚĂĐŬŇŽǁWƌĞǀĞŶƟŽŶƐƐĞŵďůǇdĞƐƚĞƌƐĂŶĚĞƌƟĮĞĚƌŽƐƐ-ŽŶŶĞĐƟŽŶŽŶƚƌŽů^ƉĞĐŝĂůŝƐƚƐ 6-1

6.1 ĂĐŬŇŽǁdĞƐƚĞƌĞƌƟĮĐĂƟŽŶ ................................................................................................... 6-1

6.1.1 ĂĐŬŇŽǁdĞƐƚĞƌ>ŝƐƚ .......................................................................................................... 6-1

6.2 Cross-ŽŶŶĞĐƟŽŶ Control Specialist Certification .................................................................... 6-2 7 ĂĐŬŇŽǁ /ŶĐŝĚĞŶƚ Response, ZĞƉŽƌƟŶŐ ĂŶĚ EŽƟĮĐĂƟŽŶ ................................................................ 7-1

7.1 ĂĐŬŇŽǁ/ŶĐŝĚĞŶƚZĞƐƉŽŶƐĞWƌŽĐĞĚƵƌĞ ................................................................................... 7-1

7.2 ĂĐŬŇŽǁ/ŶĐŝĚĞŶƚEŽƟĮĐĂƟŽŶ ................................................................................................. 7-1 48 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025 ii
8 Cross-ŽŶŶĞĐƟŽŶŽŶƚƌŽůWƌŽŐƌĂŵŽŽƌĚŝŶĂƚŽƌ ............................................................................. 8-1

8.1 ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽů^ƉĞĐŝĂůŝƐƚĞƐŝŐŶĞĞ ......................................................................... 8-2 9 ZĞĐŽƌĚŬĞĞƉŝŶŐ .................................................................................................................................. 9-1

9.1 ZĞĐŽƌĚƐZĞƚĂŝŶĞĚ ..................................................................................................................... 9-1

9.2 ZĞĐŽƌĚŬĞĞƉŝŶŐWŽůŝĐǇĂŶĚWƌŽĐĞĚƵƌĞƐ ..................................................................................... 9-2

9.2.1 ĂĐŬŇŽǁWƌĞǀĞŶƟŽŶƐƐĞŵďůǇdĞƐƚZĞƐƵůƚƐ .................................................................... 9-2

9.2.2 WŚĂƐĞϭ– ŽŶŶĞĐƟŽŶƐǁŝƚŚĂĐŬŇŽǁWƌŽƚĞĐƟŽŶAssessments ...................................... 9-3

9.2.3 WŚĂƐĞϮ– ŽŵŵĞƌĐŝĂůͬ/ŶĚƵƐƚƌŝĂůŽŶŶĞĐƟŽŶƐǁŝƚŚŽƵƚĂĐŬŇŽǁWƌŽƚĞĐƟŽŶ ................. 9-4

9.2.4 WŚĂƐĞϯ– ZĞƐŝĚĞŶƟĂůŽŶŶĞĐƟŽŶƐǁŝƚŚŽƵƚĂĐŬŇŽǁWƌŽƚĞĐƟŽŶ ................................... 9-5 10 hƐĞƌ^ƵƉĞƌǀŝƐŽƌƐ ............................................................................................................................ 10-1 11 ĂĐŬŇŽǁWƌĞǀĞŶƟŽŶƐƐĞŵďůǇdĞƐƟŶŐĂŶĚZĞƉŽƌƟŶŐ .................................................................. 11-1

11.1 ĂĐŬŇŽǁdĞƐƟŶŐEŽƟĮĐĂƟŽŶWƌŽĐĞƐƐ ................................................................................... 11-1

11.2 ĂŵĂŐĞĚ͕ŵŝƐƐŝŶŐ͕ŽƌŝŵƉƌŽƉĞƌůǇŝŶƐƚĂůůĞĚďĂĐŬŇŽǁƉƌĞǀĞŶƟŽŶĂƐƐĞŵďůŝĞƐ͘...................... 11-2 12 WƵďůŝĐKƵƚƌĞĂĐŚĂŶĚ
ĚƵĐĂƟŽŶ ...................................................................................................... 12-1 13 >ŽĐĂů
ŶƟƚǇŽŽƌĚŝŶĂƟŽŶ ............................................................................................................... 13-1 Tables
Table 5 -1 Location of Non-Testable backflow prevention device ................................................. 5-1 ƉƉĞŶĚŝĐĞƐ
ƉƉĞŶĚŝǆ What is a Cross Connection?
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49 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DW) City of San Clemente DW– June 2025 1-1
1 CƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůWŽůŝĐǇKǀĞƌǀŝĞǁ

1.1 KďũĞĐƟǀĞ
The primary objective of the Cross-Connection Control Management Plan (CCCMP) is to bring the City into compliance with the Cross Connection Control Policy Handbook (CCCPH) developed by the State Water Resources Control Board (State Water Board) for the protection of public health through the establishment of standards intended to ensure a public water system’s (PWS) drinking water distribution system will not be subject to the backflow of liquids, gases, or other substances, see CCCMP Appendix A. In addition, by providing basic educational information on backflow prevention, the City intends to build a foundation of awareness within the City regarding the importance of backflow protection and cross-connection control, leading to the implementation of a robust cross-connection control program.

Per Section 3.1.4 (b)(1) description the City will implement the requirements of the State CCCPH by implementing ordinances and procedures as detailed in this CCCMP.

1.2 Applicability
The State CCCPH and its standards apply to all California PWSs, as defined in California’s Health and Safety Code (CHSC, section 116275 (h)). Compliance with the State CCCPH is mandatory for all California PWSs. The City’s CCCMP has been developed in conformance to the State CCCPH and is applicable to all customers within the City’s service area.

1.3 WŽůŝĐǇ ĞǀĞůŽƉŵĞŶƚ ĂĐŬŐƌŽƵŶĚ ĂŶĚ >ĞŐĂů Authorities Through the adoption of the State CCCPH, the State Water Board exercised its authority, under California’s Safe Drinking Water Act (SDWA), to establish enforceable standards applicable to California’s PWSs. Failure to comply with the CCCMP which is in conformance with the State CCCPH may result in the issuance of compliance, enforcement, or other corrective actions against the City.

1.4 California Safe ƌŝŶŬŝŶŐ Water Act
On October 6, 2017, Assembly Bill 1671 (AB 1671) was approved and filed with the Secretary of State (see CCCMP Appendix B). AB 1671 amended California’s SDWA through the establishment of CHSC sections 116407 and 116555.5. AB 1671 also amended section 116810 of the CHSC, which is briefly discussed in CCCPH.

50 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025 1-2
On October 2, 2019, Assembly Bill 1180 (AB 1180) was approved and filed with the Secretary of State. AB 1180 amended Section 116407 of the CHSC and added section 13521.2 to the Water Code. AB 1180 requires that the CCCPH include provisions for the use of a swivel or changeover device (swivel-ell), see CCCMP Appendix B.

Pursuant to sections 116407 and 116555.5 of the CHSC, the State Water Board chose to adopt standards for backflow protection and cross-connection control through the adoption of this State CCCPH, which became effective July 1, 2024.
x The State Water Board is required to adopt regulations for the control of crossconnections that it determines to be necessary for ensuring PWSs “distribute a reliable and adequate supply of pure, wholesome, potable, and healthy water.” (CHSC section 116375, subd. (c).)
x Any person who owns a PWS is required to ensure that the distribution system will not be subject to backflow under normal operating conditions. (CHSC section 116555, subd. (a)(2).)
Prior to AB 1671 and the adoption of the State CCCPH, California’s regulations pertaining to cross-connection control were set forth in regulations in CCR Title 17, which were adopted in 1987 with minor revisions in 2000. Although still protective to public health, the CCR Title 17 cross-connection regulations required updating as both the drinking water and cross-connection control industries had evolved. This State CCCPH updates those regulations, which as previously noted are no longer operative following the adoption of the State CCCPH.

The State Water Board may update its standards for backflow protection and cross- connection control through revisions of the State CCCPH. Prior to adopting substantive revisions to the State CCCPH, the State Water Board will consult with state and local agencies and persons identified as having expertise on the subject by the State Water Board, and the State Water Board will hold at least one public hearing to consider public comments. 51 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025 1-3

1.5 Acronyms ĂŶĚ ďďƌĞǀŝĂƟŽŶƐ
As used in this policy, acronyms and abbreviations reference the following:

Acronym or Abbreviation Meaning
AB Assembly Bill
AG Air Gap separation
BAT Best Available Technology
BPA Backflow Prevention Assembly
Bus. & Prof. Code Business and Professional Code
CA California
CBSC California Building Standards Commission
CCCMP Cross Connection Control Management Plan
CCCPH Cross-Connection Control Policy Handbook
CCR California Code of Regulations
C.F.R. Code of Federal Regulations
CHSC California Health and Safety Code
City City of San Clemente
Civ. Code Civil Code
DC Double Check valve backflow prevention assembly
DCDA Double Check Detector backflow prevention Assembly DCDA-II Double Check Detector backflow prevention Assembly – type II Division Division of Drinking Water
EPA Environmental Protection Agency
Gov. Code Government Code
MCL Maximum Contaminant Level
Muni Code Municipal Code
Pen. Code Penal Code
PVB Pressure Vacuum Breaker backsiphonage prevention assembly PWS Public Water System
RP Reduced Pressure principle backflow prevention assembly RPDA Reduced Pressure principle Detector backflow prevention Assembly
RPDA-II Reduced Pressure principle Detector backflow prevention Assembly – type II
RW Recycled Water
SB Senate Bill
SDWA Safe Drinking Water Act
State Water Board State Water Resources Control Board
SVB Spill-resistant Pressure Vacuum Breaker backsiphonage prevention assembly
U.S. United States
52 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025 1-4

1.6 ĞĮŶŝƟŽŶƐ ĂŶĚ General Requirements
The following definitions apply to the terms used in the CCCPH:
“Air-gap separation” or “AG” means a physical vertical separation of at least two (2) times the effective pipe diameter between the free-flowing discharge end of a potable water supply pipeline and the flood level of an open or non-pressurized receiving vessel, and in no case less than one (1) inch.
“Approved water supply” means a water source that has been approved by the State Water Board for domestic use in a public water system and designated as such in a domestic water supply permit issued pursuant to section 116525 of the CHSC. “Auxiliary water supply” means a source of water, other than an approved water supply, which is either used or equipped, or can be equipped, to be used as a water supply and is located on the premises of, or available to, a water user. “Backflow” means an undesired or unintended reversal of flow of water and/or other liquids, gases, or other substances into a public water system’s distribution system or approved water supply.
“Backflow prevention assembly” or “BPA” means a mechanical assembly designed and constructed to prevent backflow, such that while in-line it can be maintained and its ability to prevent backflow, as designed, can be field tested, inspected, and evaluated. “Backflow prevention assembly tester” means a person who is certified as a backflow prevention assembly tester.
“Community water system” means a public water system that serves at least 15 service connections used by yearlong residents or regularly serves at least 25 yearlong residents of the area served by the system.
“Contact hour” means not less than 50 minutes of a continuing education course. “Continuing education course” means a presentation or training that transmits information related to cross-connection control programs and backflow prevention and protection.
“Cross-connection” means any actual or potential connection or structural arrangement between a public water system, including a piping system connected to the public water system and located on the premises of a water user or available to the water user, and any source or distribution system containing liquid, gas, or other substances not from an approved water supply.
“Cross-connection control specialist” means a person who is certified as a crossconnection control specialist. 53 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025 1-5
“Distribution system” has the same meaning as defined in section 63750.50 of CCR, Title 22, Division 4, Chapter 2.
“Double check detector backflow prevention assembly” or “DCDA” means a double check valve backflow prevention assembly that includes a bypass with a water meter and double check backflow prevention assembly, with the bypass’s water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow. This type of assembly may only be used to isolate low hazard cross-connections. See Diagram 1, CCCMP Appendix H. “Double check detector backflow prevention assembly – type II” or “DCDA-II” means a double check valve backflow prevention assembly that includes a bypass around the second check, with the bypass having a single check valve and a water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow. This type of assembly may only be used to isolate low hazard cross-connections. See Diagram 2, CCCMP Appendix H. “Double check valve backflow prevention assembly” or “DC” means an assembly consisting of two independently-acting internally-loaded check valves, with tightly closing shut-off valves located at each end of the assembly (upstream and downstream of the two check valves) and fitted with test cocks that enable accurate field testing of the assembly. This type of assembly may only be used to isolate low hazard crossconnections. See Diagram 3, CCCMP Appendix H. “Existing public water system” or “existing PWS” means a public water system initially permitted on or before July 1, 2024 as a public water system by the State Water Board.
“Hazard Assessment” means an evaluation of a user premises designed to evaluate the types and degrees of hazard at a user’s premises.
“High hazard cross-connection” means a cross-connection that poses a threat to the potability or safety of the public water supply. Materials entering the public water supply through a high hazard cross-connection are contaminants or health hazards.

See CCCMP Appendix E for some examples.
“Low hazard cross-connection” means a cross-connection that has been found to not pose a threat to the potability or safety of the public water supply but may adversely affect the aesthetic quality of the potable water supply. Materials entering the public water supply through a low hazard cross-connection are pollutants or non-health hazards.
54 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025 1-6
“New public water system” or “new PWS” means a public water system permitted after July 1, 2024 as a public water system by the State Water Board. A new public water system includes a public water system receiving a new permit because of a change in ownership.
“Premises containment” means protection of a public water system’s distribution system from backflow from a user’s premises through the installation of one or more air gaps or BPAs, installed as close as practical to the user’s service connection, in a manner that isolates the water user’s water supply from the public water system’s distribution system.
“Pressure vacuum breaker backsiphonage prevention assembly” or “PVB” means an assembly with an independently-acting internally-loaded check valve and an independently-acting loaded air inlet valve located on the discharge side of the check valve; with test cocks and tightly closing shutoff valves located at each end of the assembly that enable accurate field testing of the assembly. This type of assembly may only be used for protection from backsiphonage and is not to be used to protect from backpressure. See Diagram 4, CCCMP Appendix H.
“Public water system” or “PWS” has the same meaning as defined in section 116275(h) of the CHSC.
“Recycled Water" is a wastewater which as a result of treatment is suitable for uses other than potable use.
“Reduced pressure principle backflow prevention assembly” or “RP” means an assembly with two independently acting internally-loaded check valves, with a hydraulically operating mechanically independent differential-pressure relief valve located between the check valves and below the upstream check valve. The assembly shall have shut-off valves located upstream and downstream of the two check-valves, and test cocks to enable accurate field testing of the assembly. See Diagram 5, CCCMP Appendix H.
“Reduced pressure principle detector backflow prevention assembly” or “RPDA” means a reduced pressure principle backflow prevention assembly that includes a bypass with a water meter and reduced pressure principle backflow prevention assembly, with the bypass’s water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow. See Diagram 6, CCCMP Appendix H.
“Reduced pressure principle detector backflow prevention assembly – type II” or “RPDA-II” means a reduced pressure principle backflow prevention assembly that includes a bypass around the second check, with the bypass having a single check valve and a water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow. See Diagram 7, CCCMP Appendix H.
55 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025 1-7
“Spill-resistant pressure vacuum breaker backsiphonage prevention assembly” or “SVB” means an assembly with an independently-acting internally-loaded check valve and an independently-acting loaded air inlet valve located on the discharge side of the check valve; with shutoff valves at each end and a test cock and bleed/vent port, to enable accurate field testing of the assembly. This type of assembly may only be used for protection from backsiphonage and is not to be used to protect from backpressure.

See Diagram 8, CCCMP Appendix H.
“State Water Board,” unless otherwise specified, means the State Water Resources Control Board or the local primacy agency having been delegated the authority to enforce the requirements of the CCCPH by the State Water Resources Control Board. “Swivel-Ell” means a reduced pressure principle backflow prevention assembly combined with a changeover piping configuration (swivel-ell connection) designed and constructed pursuant to this Chapter. See design and construction criteria, as well as Diagrams 9a and 9b, CCCMP Appendix H.
“User premises” means the property under the ownership or control of a water user and is served, or is readily capable of being served, with water via a service connection with a public water system.
“User’s service connection” means either the point where a water user’s piping is connected to a water system or the point in a water system where the approved water supply can be protected from backflow using an air gap or backflow prevention assembly.
“User Supervisor” means a person designated by a water user to oversee a water use site and responsible for the avoidance of cross-connections. “Water supplier” means a person who owns or operates a public water system. “Water user” means a person or entity who is authorized by the PWS to receive water. 56 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DW) City of San Clemente DW– June 2025 2-1
2 HĂǌĂƌĚƐƐĞƐƐŵĞŶƚƐĂŶĚZĞƋƵŝƌĞĚWƌŽƚĞĐƟŽŶ
In accordance with the State CCCPH, Section 3.1.3 (a)(3) – Hazard Assessments, Section

3.1.4 (b)(2), and Section 3.2.1 – The City must survey its service area and conduct hazard assessments per Article 2 of the State CCCPH that identifies actual or potential crossconnection hazards, degree of hazard, and any backflow protection needed.

2.1 ,ĂǌĂƌĚƐƐĞƐƐŵĞŶƚƐ
a. To evaluate the potential for backflow into the City’s water distribution system the City must conduct an initial hazard assessment of the user premises within its service area.

The hazard assessment must consider:

1. The existence of cross-connections;

2. the type and use of materials handled and present, or likely to be, on the user premises;

3. the degree of piping system complexity and accessibility;

4. access to auxiliary water supplies, pumping systems, or pressure systems;

5. distribution system conditions that increase the likelihood of a backflow event (e.g., hydraulic gradient differences impacted by main breaks and high waterdemand situations, multiple service connections that may result in flow-through conditions, etc.);

6. user premises accessibility;

7. any previous backflow incidents on the user premises; and

8. the requirements and information provided in the State CCCPH, and the City’s CCCMP.
b. Each hazard assessment must identify the degree of hazard to the City’s distribution system as either a high hazard cross-connection, a low hazard cross- connection, or having no hazard. Examples of some high hazard cross-connection activities may be found in CCCMP Appendix E.
c. The hazard assessment must determine whether an existing BPA, if any, provides adequate protection based on the degree of hazard.
d. Hazard assessments completed prior to the adoption of the State CCCPH may be considered as an initial hazard assessment provided that such hazard assessments and associated backflow protection provide protection consistent with the State CCCPH and the City describes their review of these assessments in the City’s CCCMP. e. Subsequent to the initial hazard assessment described in subsection (a), the City must perform a hazard assessment under the following criteria:

1. if a user premises changes account holder, excluding single-family residences;

2. if a user premises is connected to the City’s water distribution system; 57 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025 2-2

3. if evidence exists of changes in the activities or materials on a user’s premises;

4. if backflow from a user’s premises occurs;

5. periodically, as identified in the City’s CCCMP required pursuant to State CCCPH section 3.1.4.;

6. if the State Water Board requests a hazard assessment of a user’s premises; or

7. if the City concludes an existing hazard assessment may no longer accurately represent the degree of hazard.
f. A cross-connection control specialist must review or conduct each initial and follow-up hazard assessment pursuant to this section and make a written finding that, in the specialist’s judgment based on cross-connection control principles, the City’s hazard assessment properly identified all hazards at the time of the assessment, the appropriate degree of hazards, and the corresponding backflow protection.

2.2 HaǌĂƌĚƐƐĞƐƐŵĞŶƚWƌŽĐĞƐƐ
In order to assess each connection in the City’s water distribution system for potential cross connection the City will undertake assessments in the following phases. As part of the hazard assessment process the City has created a tracking system for the assessments made under the CCCMP. See CCCMP Appendix F. Data will be gathered and logged into the assessment database in three phases. The assessment database will be included in the City’s Records Retention Schedule, See CCCMP Appendix I.
x Phase 1 – All connections with existing backflow prevention assemblies at the meter connection
x Phase 2 – All commercial/industrial connections without backflow prevention assemblies at the meter connection
x Phase 3 – Residential connections without AMI or backflow prevention assemblies at the meter connection

2.2.1 WŚĂƐĞϭ– CŽŶŶĞĐƟŽŶƐǁŝƚŚĂĐŬŇŽǁWƌŽƚĞĐƟŽŶ
The City currently has 1,194 connections with backflow protection installed at the meter as of 5/8/25. For connections with backflow protection the City will enter each address into the assessment tracking system indicating what type of BPA has been installed. The City’s Cross Connection Control Specialist will review the data when entered into the assessment database to verify that an appropriate BPA has been installed on the meter connection. The Cross Connection Control Specialist’s review date will be noted in the assessment database.

It is assumed that a Cross Connection Control Specialist can process (5) existing connections with backflow protection installed at the meter per available hour, and the total number of annual Cross Connection Control Specialist available hours is 93 hrs./yr (5% of total annual 1,867 hrs., based 2,080 hrs./yr less 80 hrs./yr for vacation, 45 hrs./yr for sick leave, and 88 hrs./yr for holidays) for a total of 465 existing connections per year per Cross Connection Control Specialist assigned by the City to cross connection control. 58 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025 2-3
Based on the availability of the Cross Connection Control Project Specialist the City has determined that this phase of the assessments can be completed within 2.6 years from the approval of the City’s CCCMP.

2.2.2 WŚĂƐĞ2 - CommercŝĂůͬ/ŶĚƵƐƚƌŝĂůŽŶŶĞĐƟŽŶƐǁŝƚŚŽƵƚĂĐŬŇŽǁWƌŽƚĞĐƟŽŶ The City currently has 509 commercial/industrial sites without backflow protection installed at the meter as of 5/8/25. For those commercial/industrial connections without an approved BPA the City will provide a self-reporting letter to provide information regarding onsite conditions which would necessitate the installation of an approved BPA at the meter connection. The selfreporting letters will be distributed via direct mail.

The self-reporting letters would be reviewed based on the available Cross Connection Control Specialist hours to review and process commercial/industrial self-reporting letters and the expected percent of self-reporting letters returned per distribution.

It is assumed that a Cross Connection Control Specialist can process (5) self-reporting letter for connections without backflow protection installed at the meter per available hour, and the total number of annual Cross Connection Control Specialist available hours is 93 hrs./yr (5% of total annual 1,867 hrs., based 2,080 hrs./yr less 80 hrs./yr for vacation, 45 hrs./yr for sick leave, and 88 hrs./yr for holidays) for a total of 465 existing connections per year per Cross Connection Control Specialist assigned by the City to cross connection control. x If the Cross Connection Control Specialist determines that based on the self-reporting letter that an approved BPA is not required, they will note that in the assessment database and the reason for not requiring an approved BPA.
x If the Cross Connection Control Specialist determines that based on the self-reporting letter that an approved BPA is required, they will note that in the assessment database and notify the commercial/industrial customer that an approved BPA must be installed at the meter connection and note that determination in the assessment database.

The City has determined that this phase of the assessments can be completed within 1.1 years from the completion of Phase 1.

2.2.3 WŚĂƐĞ 3 – ZĞƐŝĚĞŶƟĂůŽŶŶĞĐƟŽŶƐǁŝƚŚŽƵƚĂĐŬŇŽǁWƌŽƚĞĐƟŽŶ The City currently has as of 15,886 residential sites without backflow protection installed at the meter as of 5/8/25. For those residential connections the City will assess each site by means of office-based tools such as:
x Reviewing sites via Google Maps or other aerial photography software x Reviewing tract maps to review blocks of residential customer in a common building area or zone.
x Using meter route maps or other billing information databases.

The office-based assessment will review sites for:
59 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025 2-4
x Private water wells
x Other auxiliary water supplies
x Sewer lift stations
x Graywater systems
The office-based assessments would be conducted based on the available Cross Connection Control Specialist hours to review the office-based databases and/or files. x If the Cross Connection Control Specialist determines that based on the office-based assessment that an approved BPA is not required, they will note that in the assessment database.
x If the Cross Connection Control Specialist determines that based on the office-based that an approved BPA is required, they will note that in the assessment database and notify the residential customer that an approved BPA must be installed at the meter connection and note that the customer has been contacted in the assessment database.

The total number of annual Cross Connection Control Specialist available hours is 93 hrs./yr (5% of total annual 1,867 hrs., based 2,080 hrs./yr less 80 hrs./yr for vacation, 45 hrs./yr for sick leave, and 88 hrs./yr for holidays). It is assumed that a Cross Connection Control Specialist can perform assessments by means of office-based tools and that the Cross Connection Control Specialist can review twenty (20) sites per hour, for a total of 1,860 existing connections per year per Cross Connection Control Specialist assigned by the City to cross connection control.

The City has determined that this phase of the assessments can be completed within 8.5 years from the completion of Phase 2.
60 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DW) City of San Clemente DW– June 2025 3-1
3 KƉĞƌĂƟŶŐRules or KƌĚŝŶĂŶĐĞƐ
In accordance with the State CCCPH, Section 3.1.3 (a)(1), and Section 3.1.4(b)(1) and Section

3.1.4 (b)(3), the City must have operating rules, ordinances, by-laws, or a resolution to implement the cross-connection program. The City must have legal authority to implement corrective actions in the event a water user fails to comply in a timely manner with the City’s provisions regarding the installation, inspection, field testing, or maintenance of BPAs required pursuant to this Section. Such corrective actions must include the City’s ability to perform at least one of the following:
x Deny or discontinue water service to a water user,
x Install, inspect, field test, and/or maintain a BPA at a water user’s premises, or x Otherwise address in a timely manner a failure to comply with the City’s cross-connection control program.

The City’s backflow and cross-connection prevention requirements are contained in the following:

1. Municipal Code Title 13 - Public Services, Chapter 13.04 – Water Service System, No. 13.04.350 – Cross-connection and backflow protection.

2. Ordinance No. 1210.

Redlined copies are contained in CCCMP Appendices C and D.

It will require two Council meetings to complete the approval process. The first meeting will open the public hearing to consider the Municipal Code amendment. After a required public review period, the second meeting will close the public hearing and allow the Council to approve the changes to the municipal code and ordinance.

The first reading Council projected date: August 5th
The second reading and adoption Council projected date: September 2nd 61 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DW) City of San Clemente DW– June 2025 4-1
4 ĂĐŬŇŽǁWƌĞǀĞŶƟŽŶ
In accordance with the State CCCPH, Section 3.1.3 (a)(4) and Section 3.2.2 – the City must ensure that actual and potential cross-connections are eliminated when possible or controlled by the installation of approved BPAs or AG’s consistent with the requirements of the Article 3 of the State CCCPH and the sections to follow. As of 5/8/25, the City has 1,584 backflow assemblies installed at the water connections, and 130 onsite backflow assembles which are in the City’s tracking database and included in their annual backflow testing reports.

4.1 ĂĐŬŇŽǁWƌĞǀĞŶƟŽŶZĞƋƵŝƌĞŵĞŶƚƐ
(a) The City must ensure its distribution system is protected from backflow from identified hazards through the proper installation, continued operation, and field testing of an approved BPA (see Section 4.2.1 for installation and approved BPA criteria). When a DC is required or referenced in the State CCCPH, a DCDA or DCDA-II type of assembly may be substituted if appropriate. When an RP is required or referenced in the State CCCPH, an RPDA or RPDA-II type of assembly may be substituted if appropriate. (b) The BPA installed must be no less protective than that which is commensurate with the degree of hazard at a user premises, as specified in this section and as determined based on the results of the hazard assessment conducted pursuant to CCCMP Section

3. (c) Unless specified otherwise in this section, a City must, at all times, protect its distribution system from high hazard cross-connections (see CCCMP Appendix E for examples), through premises containment, through the use of AG(s) or RP(s). (1) Following State Water Board review and approval, the City may implement an alternate method of premises containment in lieu of a required AG provided that the proposed alternative would provide at least the same level of protection to public health.
(2) Following State Water Board review and approval, the City may accept internal protection in lieu of containment when premises containment is not feasible. (d) Except as otherwise allowed or prohibited in statute or in CCR Title 22, Division 4, Chapter 3, a swivel-ell may be used instead of an AG for premises containment protection when temporarily substituting tertiary recycled water use areas with potable water from a PWS if all the following criteria are met:
(1) the swivel-ell is approved by the State Water Board; (2) the City has a cross-connection control program, required pursuant to the State CCCPH Section 3.1.3, and the use and operation of the swivel-ell is described in the CCCMP required pursuant to the State CCCPH Section 3.1.4; (3) the design and construction-related requirements of the swivel-ell adheres to the 62 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025 4-2
criteria in CCCMP Appendix H;
(4) at least every 12 months, inspections are performed and documented to confirm ongoing compliance with the design and construction-related requirements in CCCMP Appendix H;
(5) the RP used in conjunction with the swivel-ell is field tested and found to be functioning properly:
(A) immediately upon each switchover to potable water use, a visual inspection of the RP must be completed
(B) within 72 hours of each switchover to potable water use, a field test must be completed, and
(C) at least every 12 weeks the use site is supplied with potable water; and (6) there is a legally binding agreement between the City and the entity supplying the recycled water, signed by those with relevant legal authority, which includes the following requirements:
(A) The State Water Board will be notified within 24 hours of all switchovers to or from potable water, will be given an estimate of the timeframe until the next switchover, and will be provided the results of the field testing required in paragraph (5);
(B) a trained representative of the City be present to supervise each switchover; and
(C) within seven days of each switchover, if requested by the State Water Board, the City will submit a written report describing compliance with this subsection, as well as potable and recycled water usage information. (e) Except as noted below, the City must ensure its distribution system is protected with no less than DC protection for a user premises with a fire protection system within ten years of adoption of the State CCCPH.
(1) A high hazard cross-connection fire protection system, including but not limited to fire protection systems that may utilize chemical addition (e.g., wetting agents, foam, anti-freeze, corrosion inhibitor, etc.) or an auxiliary water supply, must have no less than RP protection.
(2) For existing fire protection systems that do not meet the State CCCPH, Section

3.2.2 (e)(3) or cannot install DC protection within ten years of adoption of the State CCCPH, the City may propose in the CCCMP submitted for compliance with the State CCCPH Section 3.1.4:
(A) an alternative date; or
(B) an alternative method of backflow protection that provides at least the same level of protection to public health.
(3) A BPA is not necessary for a low hazard fire protection system on a residential user premises if the following criteria are satisfied:
63 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025 4-3
(A) the user premises has only one service connection to the City; (B) a single service line onto the user premises exists that subsequently splits on the property for domestic flow and fire protection system flow, such that the fire protection system may be isolated from the rest of the user premises;
(C) a single, water industry standard, water meter is provided to measure combined domestic flow and fire protection system flow; (D) the fire protection system is constructed of piping materials certified as meeting NSF/ANSI Standard 61; and
(E) the fire protection system’s piping is looped within the structure and is connected to one or more routinely used fixtures (such as a water closet) to prevent stagnant water.
(f) The State Water Board and the City may, at their discretion, require a water user to designate a user supervisor when the user premises has a multi-piping system that conveys various types of fluids and where changes in the piping system are frequently made. If a user supervisor is designated the following is required:
(1) The user supervisor is responsible for the avoidance of cross-connections during the installation, operation and maintenance of the water user’s pipelines and equipment. The user supervisor must be trained on the fluids used and backflow protection for the premise, and must inform the City of changes in piping, and maintain current contact information on file with the City; and; (2) The City must include in the CCCMP required in the State CCCPH Section 3.1.4 the training and qualification requirements for user supervisors, identify the entity that will provide the user supervisor training, and frequency of any necessary recurring training. The training must adequately address the types of hazards and concerns typically found.
(g) Facilities producing, treating, storing, or distributing drinking water that are an approved water supply or water recycling plants as defined by CCR Title 22, Section 60301.710 must have proper internal protection from cross-connections to ensure that all drinking water produced and delivered to customers and workers at those facilities is free from unprotected cross-connections.

4.2 ĂĐŬŇŽǁ WƌĞǀĞŶƟŽŶ Assemblies

4.2.1 ^ƚĂŶĚĂƌĚƐĨŽƌdǇƉĞƐŽĨĂĐŬŇŽǁWƌŽƚĞĐƟŽŶ
(a) Each AG used for the CCCMP must meet the requirements in Table 1, Minimum Air Gaps for Generally used Plumbing Fixtures, page 4 of the American Society of Mechanical Engineers (ASME) A112.1.2- 2012(R2017).
(b) Each replaced or newly installed PVB, SVB, DC, and RP for protection of the PWS must be approved through both laboratory and field evaluation tests performed in accordance with at least one of the following:
64 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025 4-4
(1) Standards found in Chapter 10 of the Manual of Cross-Connection Control, Tenth Edition, published by the University of Southern California Foundation for CrossConnection Control and Hydraulic Research; (2) certification requirements for BPAs in the Standards of ASSE International current as of 2022 that include ASSE 1015-2021 for the DC, ASSE 1048-2021 for the DCDA & DCDA-11, ASSE 1013-2021 for the RP, and ASSE 1047-2021 (3) for the RPDA & RPDA-II and must have the 1YT mark.
(c) BPAs must not be modified following approval granted under Section 4.2.1(b). The City requires that BPA testers notify the City if a water user or City-owned BPA has been modified from the CCCMP Section 4.2.1(b) approval.

4.2.2 /ŶƐƚĂůůĂƟŽŶ Criteria for ĂĐŬŇŽǁ WƌŽƚĞĐƚŝŽŶ
(a) For AGs, the following is required:
(1) The receiving water container must be located on the water user’s premises at the water user’s service connection unless an alternate location has been approved by the City;
(2) all piping between the water user’s service connection and the discharge location of the receiving water container must be above finished grade and be accessible for visual inspection unless an alternative piping configuration is approved by the City;
(3) the City must ensure that the AG specified in the State CCCPH Section 3.3.1 (a) has been installed; and
(4) any new air gap installation at a user’s service connection must be reviewed and approved by the State Water Board prior to installation. (b) RPs must be installed such that the lowest point of an assembly is a minimum of twelve inches above grade, and a maximum of thirty-six inches above the finished grade, unless an alternative is approved by the PWS.
(c) DCs installed or replaced after the adoption of the State CCCPH must be installed according to the State CCCPH Section 3.3.2 (b). Below ground installation can be considered if approved by the City where it determines no alternative options are available.
(d) A PVB or SVB must be installed at a minimum of twelve inches above all downstream piping and outlets.
(e) SVBs may not be used for premises containment. PVBs may only be used for roadway right of way irrigation systems as premises containment where there is no potential for backpressure.
(f) A RP or DC installed after the adoption of the State CCCPH must have a minimum side clearance of twelve inches, except that a minimum side clearance of twenty-four inches 65 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025 4-5
must be provided on the side of the assembly that contains the test cocks. The City may approve alternate clearances providing that there is adequate clearance for field testing and maintenance.
(g) Backflow protection must be located as close as practical to the water user’s service connection unless one or more alternative locations have been approved by the City. If internal protection is provided in lieu of premises containment, the City must obtain access to the user premises and must ensure that the on-site protection meets the requirements of this Chapter for installation, field testing, and inspections. (h) Each BPA and air gap separation must be accessible for field testing, inspection, and maintenance.

City Standard Drawings and Specifications for each type of BPA is contained in Appendix K. 66 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DW) City of San Clemente DW– June 2025 5-1
5 Non-dĞƐƚĂďůĞĞǀŝĐĞƐ

5.1 Non-ƚĞƐƚĂďůĞďĂĐŬŇŽǁƉƌĞǀĞŶƚĞƌƚĞƐƟŶŐƉƌŽĐĞĚƵƌĞƐ
There are non-testable backflow preventer devices under City ownership or administration.

Hose-bibb vacuum breakers is an example of the most common types of non-testable backflow prevention devices for the City.

Table 5 -1 Location of Non-Testable backflow prevention device Location of Non-Testable Backflow Preventer
Location Air Gap
Atmospheric
Vacuum
Breaker
Hose-bibb
Vacuum
Breaker
Dual Check
Valve Identification Potential Onsite Hazard
Water
Reclamation
Plant
No No Yes No &ĞƌƌŝĐŚůŽƌŝĚĞ͕^ŽĚŝƵŵ,ǇĚƌŽǆŝĚĞ͕WŽůǇŵĞƌ͕ ůƵŵ^ƵůĨĂƚĞ͕^ŽĚŝƵŵ,ǇƉŽĐŚůŽƌŝƚĞ
Wells No No Yes No None
Reservoirs No No Yes No ^ŽĚŝƵŵ,ǇƉŽĐŚůŽƌŝƚĞ͕ƋƵĞŽƵƐŵŵŽŶŝĂ Pump Stations No No Yes No None
Filter Plant No No Yes No ^ŽĚŝƵŵŝƐƵůĨĂƚĞ͕^ŽĚŝƵŵ,ǇƉŽĐŚůŽƌŝƚĞ The City’s water facilities are inspected by City staff daily, 7 days per week. 67 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025 6-1
6 ĞƌƟĮĞĚĂĐŬŇŽǁWƌĞǀĞŶƟŽŶƐƐĞŵďůǇdĞƐƚĞƌƐĂŶĚ
ĞƌƟĮĞĚƌŽƐƐ-ŽŶŶĞĐƟŽŶŽŶƚƌŽů^ƉĞĐŝĂůŝƐƚƐ
In accordance with the State CCCPH, Section 3.1.3 (a)(5), Section 3.1.4 (b)(6), and Section

3.4.1 – the City must ensure that each BPA required by the CCCMP to protect the City’s domestic water system is field tested by a person with valid certification from a certifying organization recognized by the State Water Board pursuant to the State’s CCCPH.

6.1 ĂĐŬŇŽǁdĞƐƚĞƌĞƌƟĮĐĂƟŽŶ
All backflow testers testing within the service area of the City must provide evidence of current certification from a State Water Board-recognized organization certifying backflow prevention assembly testers. Certifying organizations must be recognized by the State Water Board in accordance with requirements of the State CCCPH and ISO/IEC 17024. Beginning on July 1, 2025, only those testers with a valid certification from a State Water Board recognized certifying organization shall be allowed to test BPA’s in the City’s service area, certifications from any other entity will be considered invalid.

6.1.1 ĂĐŬŇŽǁdĞƐƚĞƌ>ŝƐƚ
Backflow Testers must provide evidence of certification from a State Water Board recognized certifying organization through Swift Comply and hold a current City business license in order to perform backflow testing in the City.

The City has one staff member who are certified by a State Water Board recognized certifying organization as Backflow Testers. The staff is listed in Table 6-1 below.

Kevin Kerr
Regulatory Compliance Analyst
City of San Clemente
380 Ave Pico, San Clemente CA 92672
(949) 886-5589
[email protected]
AWWA Certification No. 19196
Expiration Date: 7/31/2026
68 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025 6-2

6.2 Cross-ŽŶŶĞĐƟŽŶ Control Specialist Certification
All Cross-Connection Control Specialists, used by the City pursuant to the requirements of the State CCCPH, shall have valid certification from a State Water Board recognized certifying organization, which complies with the State CCCPH, will be considered to be a State Water Board recognized certifying organization.

Beginning three years after the effective date of the State CCCPH, only those Cross-Connection Control Specialists with a valid certification from a State Water Board recognized certifying organization shall satisfy the requirements of the State CCCPH. Certifications obtained by organizations that do not meet the requirements of the State CCCPH will be invalid.

The City has one staff member who is certified by a State Water Board recognized certifying organization as Cross Connection Control Specialists. The Specialist information is shown below:

Kevin Kerr
Regulatory Compliance Analyst
City of San Clemente
380 Ave Pico, San Clemente CA 92672
(949) 886-5589
[email protected]
AWWA Certification No. 03545
Expiration Date: 11/30/2025
69 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025 7-1
7 ĂĐŬŇŽǁ /ŶĐŝĚĞŶƚ Response, ZĞƉŽƌƟŶŐ ĂŶĚ EŽƟĮĐĂƟŽŶ
In accordance with the State CCCPH, Section 3.1.3(a)(8), Section 3.1.4 (b)(7), and Section 3.5.2 the City has developed and implemented procedures for investigating and responding to suspected or actual backflow incidents. The procedure for responding to backflow incidents, reporting any incidents, and reporting those incidents, will be:

7.1 ĂĐŬŇŽǁ/ŶĐŝĚĞŶƚZĞƐƉŽŶƐĞWƌŽĐĞĚƵƌĞ
In the event that a suspected backflow incident occurs in the City, the City’s response will include, but not limited to, the following:
(a) Consideration of complaints or reports of changes in water quality as possible incidents of backflow;
(b) Water quality sampling and pressure recording; and
(c) Documentation of the investigation, and any response and follow-up activities.

7.2 ĂĐŬŇŽǁ/ŶĐŝĚĞŶƚEŽƟĮĐĂƟŽŶ
In the event that a backflow incident occurs the Cross-Connection Control Coordinator will provide the following notification:
(a) The Cross-Connection Control Coordinator will notify the State Water Board and Orange County Health Care Agency of any known or suspected incident of backflow within 24 hours of the determination. If required by the State Water Board, the City will issue a Tier 1 public notification pursuant to CCR, Title 22, Section 64463.1. (b) If required by the State Water Board, the City will submit, by a date specified by the State Water Board, a written incident report describing the details and affected area of the backflow incident, the actions taken by the City in response to the backflow incident, and the follow up actions to prevent future backflow incidents.

The written report form is in CCCMP Appendix J.
70 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025 8-1
8 Cross-ŽŶŶĞĐƟŽŶŽŶƚƌŽůWƌŽŐƌĂŵŽŽƌĚŝŶĂƚŽƌ
In accordance with the State CCCPH, Section 3.1.3 (a)(2) and Section 3.1.4 (b)(8), the City must designate at least one individual involved in the development of and be responsible for the reporting, tracking, and other administration duties of its cross-connection control program.

Further for public water systems with more than 3,000 service connections the CrossConnection Control Program Coordinator must be a Cross-Connection Control Specialist.

The City’s water system includes 17,881 domestic water connections. Therefore, the City must have a Cross-Connection Control Program Coordinator. The Coordinator does not have to be a certified Cross-Connection Control Specialist.

The City’s Cross-Connection Control Program Coordinator is:

Kevin Kerr
Regulatory Compliance Analyst
City of San Clemente
380 Ave Pico, San Clemente CA 92672
(949) 886-5589
[email protected]
AWWA Certification No. 03545
Expiration Date: 11/30/2025
The City’s CCCMP was developed in consultation with their Cross-Connection Control Specialist(s) because the City’s domestic water system has more than 3,000 service connections.

The City’s designated Cross-Connection Control Specialist can be contacted within one hour, per the requirement of the State CCCPH for a PWS with 3,000 or more service connections. 71 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025 8-2

8.1 ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽů^ƉĞĐŝĂůŝƐƚĞƐŝŐŶĞĞ
In the event the City’s Cross Connection Control Specialist is not available due to vacation, sickness, or other reason, the duties of the Cross Connection Control Specialist will be carried out by:

1. Mark Iverson
Superintendent
City of San Clemente
380 Ave Pico, San Clemente, CA 92672
(949) 366-1553
[email protected]

2. Dustin Burnside
Utilities Manager
City of San Clemente
380 Ave Pico, San Clemente, CA 92672
(949) 949-1003
[email protected]
72 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025 9-1
9 ZĞĐŽƌĚŬĞĞƉŝŶŐ
In accordance with the State CCCPH, Section 3.1.3(a)(7) and Section 3.1.4 (b)(9) the City has developed and implemented a recordkeeping system for:

1. Backflow prevention assemblies (BPA)

2. Cross-connection information.

3. Commercial/Industrial and Residential site assessments.

This recordkeeping system complies with the State CCCPH section 3.5.1. The City has a written Records Retention Schedule included in CCCMP Appendix I. The procedures are generally described in the sections that follow:

9.1 ZĞĐŽƌĚƐZĞƚĂŝŶĞĚ
The City maintains the following records via a Microsoft Access Database:
(a) The hazard assessments for each user premise, conducted pursuant to CCCPH section

3.2.1 (Hazard Assessment).
(b) For each BPA, the associated hazard or application, location, owner, type, manufacturer and model, size, installation date, and serial number.
(c) For each AG installation, the associated hazard or application and the location, owner, and as-built plans of the AG.
(d) Results of all BPA field testing, AG inspections, swivel-ell inspections, and field tests for the previous three calendar years, including the name, test date, repair date, and certification number of the backflow prevention assembly tester for each BPA field test and AG and swivel-ell.
(e) Repairs made to, or replacement or relocation of, BPAs for the previous three calendar years.
(f) The most current cross-connection tests (e.g., shutdown test, dye test), if recycled water use on the premise.
(g) If a User Supervisor is designated for a user premise, the current contact information for the User Supervisor and Water User, and any applicable training and qualifications as described by State CCCPH section 3.2.2(f).
(h) Descriptions and follow-up actions related to all backflow incidents. (i) If any portion of the cross-connection control program is carried out under contract or agreement, a copy of the current contract or agreement. 73 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025 9-2
(j) The current Cross-Connection Control Management Plan as required in the State CCCPH Section 3.1.4.
(k) Any public outreach or education materials issued as required in the State CCCPH section 3.1.3.(a)(7) for the previous three calendar years. (l) All records retained by the City will be made available to the State Water Board upon request.
(m)Records of Commercial/Industrial site assessments.
(n) Records of Residential site assessments.

9.2 ZĞĐŽƌĚŬĞĞƉŝŶŐWŽůŝĐǇĂŶĚWƌŽĐĞĚƵƌĞƐ
The City has a written Records Retention Schedule which is contained in CCCMP Appendix I.

The procedures are generally described in the sections that follow:

9.2.1 ĂĐŬŇŽǁWƌĞǀĞŶƟŽŶƐƐĞŵďůǇdĞƐƚZĞƐƵůƚƐ
x BPA test notices generated: By City’s Backflow Management System (BMS) x Notice distribution method to customers: Direct mail
x Data submittal method: Testers upload to City’s BMS portal x Data storage method: BMS Internal tracking system database x Storage location: Electronically, (S:\cu\secure\Water OPS Data\Backflow DB\Annual Backflow Test Reports) on Specialist’s office computer
x Responsible person:

Kevin Kerr
Regulatory Compliance Analyst
380 Ave Pico San Clemente, CA 92672
Email: [email protected]
Phone: (949) 886-5589
x How long are the records kept: At least 5 years
74 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025 9-3

9.2.2 WŚĂƐĞϭ– ŽŶŶĞĐƟŽŶƐǁŝƚŚĂĐŬŇŽǁWƌŽƚĞĐƟŽŶ Assessments Electronic assessment document is created as an Excel spreadsheet which is reviewed by the Cross Connection Control Specialist and signed. Assessment database is stored electronically by Kevin Kerr.
x If no action is required

o Where is the assessment database stored: Utilities Administration office at 380 Ave Pico, Bldg. N, San Clemente, CA 92672
o Filing method: Filed electronically on the City’s I Drive o Responsible person:

Kevin Kerr
Regulatory Compliance Analyst
380 Ave Pico, San Clemente, CA 92672
[email protected]
(949) 886-5589
o Retained: Filed for 5 years, route used is same as Lead Service Inventory o Disposal method after the holding period: Deleted from I Drive o Person responsible for disposal:

Kevin Kerr
Regulatory Compliance Analyst
380 Ave Pico, San Clemente, CA 92672
[email protected]
(949) 886-5589
o Assessment data storage method: Data stored in I Drive with Excel Spreadsheet under street addresses
o Assessment data electronic storage location: S:\cu\secure\Water OPS Data\CCCPH\Records\Phase 1
x If action is required
o Notification generated by Cross Connection Control Specialist that a backflow is required.
o Notification mailed to residential customer.
o Specialist follows up in 30 days to verify that backflow has been installed. o Action noted in residential assessment database.
o Action noted by:

Kevin Kerr
Regulatory Compliance Analyst
380 Ave Pico, San Clemente, CA 92672
[email protected]
(949) 886-5589
75 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025 9-4

9.2.3 WŚĂƐĞ2 – ŽŵŵĞƌĐŝĂůͬ/ŶĚƵƐƚƌŝĂůŽŶŶĞĐƟŽŶƐ ǁŝƚŚŽƵƚĂĐŬŇŽǁWƌŽƚĞĐƟŽŶ Hard copy site assessment form, which has been reviewed and signed by the Cross Connection Control Specialist per Section 3, is then scanned. Once scanned, the scanned document is saved to City’s computer server and data transferred to the assessment database as described below.
o Where is the hard copy filed: No hard copy is filed as the hard copy is shredded. o How filed: Filed electronically on the City’s I Drive o Responsible person for the filing?
Kevin Kerr
Regulatory Compliance Analyst
380 Ave Pico, San Clemente, CA 92672
[email protected]
(949) 886-5589
o How long is document retained: Filed for 5 years, route used is same as Lead Service Inventory
o How file is disposed of after the holding period: Documents are deleted electronically from the City’s I Drive
o Responsible person for disposal of the expired document:

Kevin Kerr
Regulatory Compliance Analyst
380 Ave Pico, San Clemente, CA 92672
[email protected]
(949) 886-5589
x If no action is required
o Where is the assessment database stored: Utilities Administration office at 380 Ave Pico, Bldg. N, San Clemente, CA 92672
o Filing method: Filed electronically on the City’s I Drive o Responsible person:

Kevin Kerr
Regulatory Compliance Analyst
380 Ave Pico, San Clemente, CA 92672
[email protected]
(949) 886-5589
o Assessment data storage method: Data stored in I Drive with Excel Spreadsheet under street addresses
76 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025 9-5
o Assessment data electronic storage location: S:\cu\secure\Water OPS Data\CCCPH\Records\Phase 2
x If action is required
o Notification generated by Cross Connection Control Specialist that a backflow is required.
o Notification mailed to residential customer.
o Specialist follows up in 30 days to verify that backflow has been installed. o Action noted in residential assessment database.
o Action noted by:

Kevin Kerr
Regulatory Compliance Analyst
380 Ave Pico, San Clemente, CA 92672
[email protected]
(949) 886-5589

9.2.4 WŚĂƐĞ 3 – ZĞƐŝĚĞŶƟĂůŽŶŶĞĐƟŽŶƐǁŝƚŚŽƵƚĂĐŬŇŽǁWƌŽƚĞĐƟŽŶ Electronic assessment document is created as an Excel spreadsheet which is reviewed by the Cross Connection Control Specialist and signed. Assessment database is stored electronically by Kevin Kerr.
x If no action is required -
o Where is the assessment database stored: Utilities Administration office at 380 Ave Pico, Bldg. N, San Clemente, CA 92672
o Filing method: Filed electronically on the City’s I Drive o Responsible person:

Kevin Kerr
Regulatory Compliance Analyst
380 Ave Pico, San Clemente, CA 92672
[email protected]
(949) 886-5589
o Assessment data storage method: Data stored in I Drive with Excel Spreadsheet under street addresses
o Assessment data electronic storage location: S:\cu\secure\Water OPS Data\CCCPH\Records\Phase 3
77 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025 9-6
x If action is required
o Notification generated by Cross Connection Control Specialist that a backflow is required.
o Notification mailed to residential customer.
o Specialist follows up in 30 days to verify that backflow has been installed. o Action noted in residential assessment database.
o Action noted by:

Kevin Kerr
Regulatory Compliance Analyst
380 Ave Pico, San Clemente, CA 92672
[email protected]
(949) 886-5589
78 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025 10-1
10 hƐĞƌ^ƵƉĞƌǀŝƐŽƌƐ
In accordance with the State CCCPH, Section 3.2.2 (3)(f), The State Water Board and City may, at their discretion, require a water user to designate a user supervisor when the user premises has a multi-piping system that conveys various types of fluids and where changes in the piping system are frequently made. If a user supervisor is designated the following is required:
(1) The user supervisor is responsible for the avoidance of cross-connections during the installation, operation and maintenance of the water user’s pipelines and equipment. The user supervisor must be trained on the fluids used and backflow protection for the premise, and must inform the City of changes in piping, and maintain current contact information on file with the City; and,
(2) The City must include in the CCCMP required in CCCPH Section 3.1.4 the training and qualification requirements for user supervisors if required by the State Water Board or City, identify the entity that will provide the user supervisor training, and frequency of any necessary recurring training. The training must adequately address the types of hazards and concerns typically found.

The City has not required any user supervisors for use sites within the City. 79 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025 11-1
11 ĂĐŬŇŽǁWƌĞǀĞŶƟŽŶƐƐĞŵďůǇdĞƐƟŶŐĂŶĚZĞƉŽƌƟŶŐ
In accordance with the State CCCPH, Section 3.1.3 (a)(6) – the City must ensure that each BPA required by the CCCMP to protect the City’s domestic water system is field tested. The City must develop and implement a procedure for ensuring all BPAs are field tested, inspected, and maintained and AG’s are inspected and maintained in accordance with the State CCCPH, Section 3.3.3.

1. All BPAs installed in the City in compliance with it CCCMP must be field tested following installation, repair, depressurization for winterizing, or permanent relocation.

All required field testing must be performed by certified backflow prevention assembly tester.

2. BPAs must be field tested at least annually. The State CCCPH does not preclude the City, the State Water Board, or a local health agency from requiring more frequent field testing for premises with high hazard cross-connection or BPA at increased risk of testing failure.

3. Air-gap separations must be visually inspected at least annually by a certified as backflow prevention assembly tester or certified as a cross-connection control specialist.

4. The City must receive passing field tests before providing continuous service to a water user with a newly installed BPA.

5. BPAs that fail the field test must be repaired or replaced within 30 days of notification of the failure by the City. Extensions may be allowed by the City at the discretion of the Cross Connection Control Specialist.

Backflow prevention assembly testers must notify the City within one day if a backflow incident or an unprotected cross-connection is observed at the BPA or prior to the user premises during field testing. The City will immediately investigate and discontinue service to the user premises if a backflow incident is confirmed, and water service will not be restored to that user premises until the City receives a confirmation of a passing BPA field test from a backflow prevention assembly tester and the assembly is protecting the City.

11.1 ĂĐŬŇŽǁdĞƐƟŶŐEŽƟĮĐĂƟŽŶWƌŽĐĞƐƐ
For each BPA in the City’s water distribution system, an annual notice that the BPA must be tested in accordance with the CCCMP will be (how distributed?) Upon receipt, the Owner will have (how long?) to have the BPA tested by a certified backflow assembly tester, and the test results submitted to the City (how?) 80 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025 11-2
Each water user with a BPA on the service connection must comply with the following schedule in order to be in compliance with the CCCMP and continue to receive water service from the City.

x First notice – the first annual notice of BPA testing required is sent to the user via US mail. The user must complete and return the BPA test results within 30 days, by email. x Second notice – 30 days after the first notice was sent to the user, a second notice will be sent to the user by US mail. The user will have 15 days to provide the BPA testing results by email.
x Third notice – 15 days after the second notice was sent to the user, a third notice will be sent to the user by US mail, with a notice that the water service will be shut off if the BPA test results are not submitted by email with 10 days of the notice. x Fourth notice – if BPA test results are not provided with 10 days of the third notice by email. A door hangar will be placed at the user site with a 5-day notice to turnoff water service.
x Termination of water service – the user fails to provide the required test results after the final notice, the water service may be terminated at the discretion of the Cross Connection Control Specialist.

11.2ĂŵĂŐĞĚ͕ŵŝƐƐŝŶŐ͕ŽƌŝŵƉƌŽƉĞƌůǇŝŶƐƚĂůůĞĚďĂĐŬŇŽǁƉƌĞǀĞŶƟŽŶ assemblies.

In the event that a backflow prevention assembly is missing (or stolen), installed incorrectly, illegally modified, or tampered with, the City shall implement the following actions:

1. Identification & Initial Response
x Upon identification (through inspection, testing, or reporting) that a BPA is compromised:
o Document the condition with date/time, photos (if possible), and notes. o Immediately notify the Cross-Connection Control Program (CCCP) administrator or designated personnel.
o If there is an immediate threat to public health, initiate emergency shutdown or isolation of the service connection.

2. Notification of Property Owner
x The water service account holder shall be notified within 24 hours in writing and/or by phone.
x The notice will include:
o Description of the violation
o Required corrective actions
81 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025 11-3
o Deadline for compliance (typically within 5–10 business days) o Consequences of non-compliance, including potential service termination.

3. Temporary Mitigation Measures
x If the BPA is missing or stolen:
o The water service may be temporarily suspended until an approved assembly is installed and passes testing.
o If the BPA is tampered with or modified:
o Require immediate correction and retesting.
o Use a locking device or enclosure where tampering is recurrent.

4. Investigation & Documentation
x An investigation shall be conducted to determine:
o Whether the issue was due to theft, vandalism, installation error, or intentional bypass.
o If law enforcement needs to be contacted (e.g., in the case of theft or malicious tampering).
x Maintain detailed records including:
o Inspection findings
o Correspondence with the property owner
o Photos, testing results, and any enforcement action taken

5. Reinstallation & Testing
x The property owner must install an approved backflow prevention assembly per current City standards.
x A certified tester must perform a compliance test within 10 days of installation. x Results must be submitted to the CCCP

6. Enforcement & Penalties
x Failure to comply may result in:
o Termination of water service under local water code authority o Administrative fines or citations (if permitted by municipal code) o Referral to legal or regulatory authorities
82 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025 12-1
12 WƵďůŝĐKƵƚƌĞĂĐŚĂŶĚ
ĚƵĐĂƟŽŶ
In accordance with State CCCPH, Section 3.1.3 (a)(9) and Section 3.1.4 (b)(12) – the City has developed a cross-connection control public outreach and education program that is intended to educate staff, customers, and the community about backflow protection and cross-connection control.

The City has a designated Public Information Officer (PIO) that provides a point of contact for the City regarding the City’s cross-connection control and backflow protection program and other water related issues. The City’s PIO is:

Maile Stivers
Administrative Assistant
(949) 361-6139
[email protected]
Public Outreach to educate the City’s customers on backflow and cross-connection control include information on backflow and cross-connections on the City’s website which is:
https://www.san-clemente.org/about-us/city-information/water-information.

In addition, backflow and cross-connection prevention may be distributed by other means, including but not limited to, periodic water bill inserts, information pamphlet distribution, new customer documentation, emails, and additions to the City’s Consumer Confidence Reports, which is on the City’s website located at:

Water Quality Reports | City of San Clemente, CA
83 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025 13-1
13 >ŽĐĂů
ŶƟƚǇŽŽƌĚŝŶĂƟŽŶ
In accordance with the State CCCPH, Section 3.1.3 (a)(10) and Section 3.1.4 (b)(13) The City must coordinate with applicable local entities that are involved in either cross-connection control or public health protection to ensure hazard assessments can be performed, appropriate backflow protection is provided and provide assistance in the investigation of backflow incidents.

Local entities may include but are not limited to plumbing, permitting, or health officials, law enforcement, fire departments, maintenance, and public and private entities.

For the City, the local entities which are involved in cross-connection control include, but are not limited to:

City of San Clemente – Planning Department
Contact Name: Alexia Gruszczynski
Address: 910 Calle Negocio, San Clemente, CA 92673
Phone: (949) 361-6197
Email: [email protected]
Coordination includes: Reviewing plans for backflow requirements on a project-by-project basis.

Orange County Health Care Agency
Contact Name: Erasmo Jacinto
Address: 1241 E. Dyer Rd., Suite 120, Santa Ana, CA 92705 Phone: (714) 640-9593
Email: [email protected]
Coordination includes: Reviewing health department requirements regarding backflows on a project-by-project basis.

The City intends to include coordination with other local PWS through events which may include, but not be limited to, semi-annual gatherings with other PWS’ Cross Connection Control Coordinators, public outreach events, and vendor workshops. 84 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025
Appendix A
What is a Cross Connection?
85 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025
Appendix A
Background on Backflow Protection and Cross-Connection Control A.1 What is a Cross-Connection?
A cross-connection is an interconnection between a potable water supply and a non- potable source via any actual or potential connection or structural arrangement between a PWS and any source or distribution system containing liquid, gas, or other substances not from an approved water supply. Bypass arrangements, jumper connections, removable sections, swivel or change-over devices and other temporary or permanent devices through which, or because of which backflow can occur are considered to be cross-connections.1 The State CCCPH includes acceptable installation criteria for swivel-ell and other types of backflow prevention assemblies (BPAs) to prevent backflow.

Backflow is the undesired or unintended reversal of flow of water and/or other liquids, gases, or other substances into a PWS’s distribution system or approved water supply.

The presence of a cross-connection represents a location in a distribution system through which backflow of contaminants or pollutants can occur. Backflow occurs when a non-potable source is at a greater pressure than the potable water distribution system. Backflow can occur from either backsiphonage or backpressure. Backsiphonage occurs when a non-potable source enters the drinking water supply due to negative (i.e., sub-atmospheric) distribution system pressure. Backpressure occurs when the pressure from a non-potable source exceeds the pressure in the potable water distribution system.

Backsiphonage may be caused by a variety of circumstances, such as main breaks, flushing, pump failure, or emergency firefighting water demand. Backpressure may occur when heating, cooling, waste disposal, or industrial manufacturing systems are connected to potable supplies and the pressure in the external system exceeds the pressure in the distribution system. Both situations act to change the direction of water, which normally flows from the distribution system to the customer, so that non-potable substances from industrial, commercial, or residential premises flows back into the distribution system through a cross-connection.

Cross-connections are not limited to industrial or commercial facilities. Submerged inlets are found on many common plumbing fixtures and are sometimes necessary features of the fixtures if they are to function properly. Examples of this type of design are siphon-jet urinals or water closets, flushing rim slop sinks, and dental cuspidors.

Older bathtubs and lavatories may have supply inlets below the flood level rims, but modern sanitary design has minimized or eliminated this cross-connection in new fixtures. Chemical and industrial process vats sometimes have submerged inlets where the water pressure is used as an aid in diffusion, dispersion, and agitation of the vat contents. Even though a supply pipe may be installed above a vat, backsiphonage can still occur. Siphon action has been shown to raise a liquid in a pipe such as water almost 34 feet. Some submerged inlets are difficult to control, including those which are not apparent until a significant change in water level occurs or where a supply may be conveniently extended below the liquid surface by means of a hose or auxiliary piping. A submerged inlet may be created in numerous ways, and its detection may be difficult. 86 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025
Chemical and biological contaminants have caused illness and deaths during known incidents of backflow, with contamination affecting several service connections, and the number of incidents reported is believed to be a small percentage of the total number of backflow incidents that actually occur. The public health risk from cross-connections and backflow is a function of a variety of factors including cross-connection and backflow occurrence and type and amount of contaminants.

A.2 Purpose of a Cross-Connection Control Program
The purpose of a cross-connection control program is to prevent the occurrence of backflow into a PWS’s distribution system in order to protect customers from contamination or pollution from any on-site hazards. Properly installed and maintained BPAs, devices or methods provide protection against the threat posed by many conditions typically found on a user’s premise.

The use of approved BPAs ensures that the appropriate performance evaluation of the assembly was conducted. It is important and required by the State CCCPH to select and properly install an approved BPA that is capable of protecting the distribution system from the hazard identified.

The success of a program depends on individuals that are knowledgeable about crossconnection control to identify actual and potential hazards, apply principles of backflow protection and prevention, and implement cross-connection control policies and procedures. A successful program will have ongoing surveillance of a PWS to ensure BPAs, devices or methods are working and identify new hazards or changes in the distribution system. Certified specialists are needed to properly evaluate the degree of hazard that exists in the distribution system. Hazards typically identified in distribution systems along with the required level of protection are specified in Chapter 3 of the State CCCPH.

A.3 Notes on Applicability of the Cross-Connection Control Policy Handbook The State CCCPH provides the basis for regulating the use and management of crossconnection control programs and BPAs in PWSs, and related requirements for supporting programs and policies. Activities or uses outside of the scope of the authority of the State Water Board to regulate PWSs are not regulated by the State CCCPH, including California Plumbing Code requirements and definitions not related to PWSs.

Recycled water cross-connection control installations and programs for the purposes of protecting the recycled water supply are not regulated by the State CCCPH, although a PWS that uses recycled water is regulated by the State CCCPH to ensure that a PWS’s drinking water system has adequate backflow protection from a recycled water system.

Water systems that do not meet the definition of a PWS (e.g., “State Small Water Systems” under CCR Title 22, Article 3) are not regulated by the CCCPH, although they may need to comply with the California Plumbing Code, local health agencies, and other laws or entities. __________________________________________
1 California Department of Health Services (DHS), Public Water Supply Branch. (1988). Guidance Manual for cross connection Control Program (Green Manual). California Department of Health Services 87 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025
Appendix B
Assembly Bill 1671 (2017, Chapter 533)
Assembly Bill 1180 (2019, Chapter 455)
88 City of San Clemente - ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025
Assembly Bill No. 1671
CHAPTER 533
An act to amend Section 116810 of, and to add Sections 116407 and 116555.5 to, the Health and Safety Code, relating to drinking water. [Approved by Governor October 6, 2017. Filed with Secretary of State October 6, 2017.]
legislative counsel’s digest
AB 1671, Caballero. Backflow protection and cross-connection controls:
standards.
(1) Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health, including, but not limited to, conducting research, studies, and demonstration projects relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adopting regulations, and conducting studies and investigations to assess the quality of private domestic water wells. Existing law makes certain violations of the act a misdemeanor.

Existing law requires any person who owns a public water system to ensure that the system does certain things, including, but not limited to, that it will not be subject to backflow under normal operating conditions. Existing law, to ensure that testing and maintenance of backflow prevention devices are performed by persons qualified to do testing and maintenance, authorizes local health officers to maintain programs for certification of backflow prevention device testers and requires the certification program to be consistent with backflow protection regulations adopted by the state board. A violation of these provisions, or an order by a local health officer pursuant to these provisions, is a misdemeanor.

This bill would require a public water system to implement a crossconnection control program that complies with, and would require the certification program to be consistent with, applicable regulations and the standards described in (2).
(2) Existing regulations establish standards for a backflow prevention device and cross-connection control.

This bill, on or before January 1, 2020, would require the state board to adopt standards for backflow protection and cross-connection control and would authorize the state board to do so through the adoption of a policy handbook, as specified. By authorizing the state board to adopt standards, the violation of which would be a crime, the bill would create a new crime and impose a state-mandated local program.
94 89
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Ch. 533 — 2 —
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1. Section 116407 is added to the Health and Safety Code, to read:
116407. (a) On or before January 1, 2020, the state board shall adopt standards for backflow protection and cross-connection control.
(b) The state board may implement subdivision (a) through the adoption of a policy handbook that is not subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The policy handbook shall include standards for backflow protection and cross-connection control. In developing the standards and any amendments to those standards, the state board shall consult with state and local agencies and other persons whom the state board has identified as having expertise in the subject of backflow protection and cross-connection control.

The state board shall hold at least two public hearings before adopting the policy handbook. The policy handbook shall be posted on the board’s Internet Web site. (c) (1) Upon the effective date of a policy handbook adopted by the state board pursuant to subdivision (b), the regulations set forth in Article 1 (commencing with Section 7583) and Article 2 (commencing with Section 7601) of Group 4 of Subchapter 1 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations shall become inoperative, and, 90 days thereafter, are repealed, unless the state board makes a determination not to repeal a specific regulation. (2) If the state board determines not to repeal a specific regulation pursuant to paragraph (1), the state board shall provide to the Office of Administrative Law and the Secretary of State written notice of its determination, including identification of the specific regulation that is not repealed. That regulation, upon the provision of that written notice to the Office of Administrative Law and the Secretary of State, shall become operative.

SEC. 2. Section 116555.5 is added to the Health and Safety Code, to read:
116555.5. A public water system shall implement a cross-connection control program that complies with applicable regulations and with standards adopted by the board pursuant to Section 116407.

SEC. 3. Section 116810 of the Health and Safety Code is amended to read:
116810. To ensure that testing and maintenance of backflow prevention devices are performed by persons qualified to do testing and maintenance, 94 90
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— 3 — Ch. 533
local health officers may maintain programs for certification of backflow prevention device testers. The local health officer may suspend, revoke, or refuse to renew the certificate of a tester, if, after a hearing before the local health officer or his or her designee, the local health officer or his or her designee finds that the tester has practiced fraud or deception or has displayed gross negligence or misconduct in the performance of his or her duties as a certified backflow prevention device tester. The local health officer may collect fees from certified testers to offset the cost of the certification program provided pursuant to this section. The certification standards shall be consistent with standards adopted by the state board pursuant to Section 116407 and any other applicable backflow protection regulations.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
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Assembly Bill No. 1180
CHAPTER 455
An act to amend Section 116407 of the Health and Safety Code, and to add Section 13521.2 to the Water Code, relating to water.
[Approved by Governor October 2, 2019. Filed with Secretary of State October 2, 2019.]
legislative counsel’s digest
AB 1180, Friedman. Water: recycled water.
(1) Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health. Existing law requires, on or before January 1, 2020, the state board to adopt standards for backflow protection and cross-connection control through the adoption of a policy handbook, as specified.

This bill would require that handbook to include provisions for the use of a swivel or changeover device to supply potable water to a dual-plumbed system during an interruption in recycled water service.
(2) Existing law requires the state board to establish uniform statewide recycling criteria for each varying type of use of recycled water where the use involves the protection of public health.

This bill would require the state board, on or before January 1, 2023, as specified, to update the uniform statewide criteria for nonpotable recycled water uses.

The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the following:
(a) On December 11, 2018, the State Water Resources Control Board unanimously adopted an amendment to the policy for water quality control for recycled water, which included a goal to increase the use of recycled water in the state from 714,000 acre-feet per year in 2015 to 1,500,000 acre-feet per year by 2020 and 2,500,000 acre-feet per year by 2030.
(b) Section 13521 of the Water Code requires the state board to establish uniform statewide recycling criteria for each varying type of use of recycled water where the use involves the protection of public health.
(c) The regulations establishing the uniform statewide criteria for recycled water uses are set forth in Chapter 3 (commencing with Section 60301.050) of Division 4 of Title 22 of the California Code of Regulations. The regulations that pertain to nonpotable recycled water uses have not been updated since 2000. 95 92
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Ch. 455 — 2 —
(d) The regulations relating to backflow protection and cross-connection control for recycled water are set forth in Article 1 (commencing with Section 7583) and Article 2 (commencing with Section 7601) of Group 4 of Subchapter 1 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations. These regulations have not been updated since 1987.
(e) Section 1 of Chapter 533 of the Statutes of 2017 (Assembly Bill 1671 of the 2017–18 Regular Session) requires, on or before January 1, 2020, the state board to adopt backflow protection and cross-connection control standards and authorizes their implementation through a policy handbook.
(f) In order to maximize the amount of recycled water California can safely use for beneficial purposes, it is necessary to update the uniform statewide criteria for nonpotable recycled water uses and specify certain associated backflow protection and cross-connection control provisions.

SEC. 2. Section 116407 of the Health and Safety Code is amended to read:
116407. (a) On or before January 1, 2020, the state board shall adopt standards for backflow protection and cross-connection control.
(b) (1) The state board may implement subdivision (a) through the adoption of a policy handbook that is not subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The policy handbook shall include standards for backflow protection and cross-connection control. In developing the standards and any amendments to those standards, the state board shall consult with state and local agencies and other persons whom the state board has identified as having expertise in the subject of backflow protection and cross-connection control. The state board shall hold at least two public hearings before adopting the policy handbook. The policy handbook shall be posted on the board’s internet website. (2) (A) The policy handbook described in this subdivision shall include provisions for the use of a swivel or changeover device to supply potable water to a dual-plumbed system during an interruption in recycled water service. (B) The use of a swivel or changeover device shall be consistent with any notification and backflow protection provisions contained in the policy handbook. (c) (1) Upon the effective date of a policy handbook adopted by the state board pursuant to subdivision (b), the regulations set forth in Article 1 (commencing with Section 7583) and Article 2 (commencing with Section 7601) of Group 4 of Subchapter 1 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations shall become inoperative, and, 90 days thereafter, are repealed, unless the state board makes a determination not to repeal a specific regulation. (2) If the state board determines not to repeal a specific regulation pursuant to paragraph (1), the state board shall provide to the Office of Administrative Law and the Secretary of State written notice of its determination, including identification of the specific regulation that is not repealed. That regulation, upon the provision of that written notice to the
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— 3 — Ch. 455
Office of Administrative Law and the Secretary of State, shall become operative.

SEC. 3. Section 13521.2 is added to the Water Code, to read:
13521.2. (a) On or before January 1, 2023, the state board shall update the uniform statewide criteria for nonpotable recycled water uses established in Chapter 3 (commencing with Section 60301.050) of Division 4 of Title 22 of the California Code of Regulations. The deadline imposed by this section is mandatory only if the Legislature has appropriated sufficient funds, as determined by the executive director of the state board, in the annual Budget Act or otherwise to cover the state board’s costs associated with the performance of the duties imposed by this section. (b) For purposes of the update to the uniform statewide criteria for nonpotable recycled water uses described in subdivision (a), the state board shall adopt a regulation that incorporates by reference the criteria and applicable backflow protection provisions, including the provisions for the use of a swivel or changeover device for dual-plumbed systems, that are contained in the most recently adopted version of the policy handbook adopted pursuant to Section 116407 of the Health and Safety Code and any future versions of the policy handbook. 95 94
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Appendix C
Municipal Code Title 13 - Public Services,
Chapter 13.04 – Water Service System
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13.04.350 Cross-connection and backflow protection.

A. Intent. The purpose of this section is (1) to protect the public water supply against actual or potential contamination through cross-connections by isolating sources of contamination that may occur within a water user's premises because of some undiscovered or unauthorized cross-connection on the premises; (2) to eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable for human consumption; (3) to eliminate cross-connections between drinking water systems and sources of contamination; and (4) to prevent the making of cross-connections in the future.

B. In cooperation with the State Water Resources Control Board Division of Drinking Water, City’s major goal is to ensure the distribution of a safe and potable water supply to all domestic water users. In order for the City to achieve this goal, a Cross-Connection Control Management Plan (CCCMP) is being developed with an effective date of July 1, 2025. The City’s CCCMP was developed pursuant to the requirements set forth in the CrossConnection Control Policy Handbook (CCCPH) which replaced State of California Administrative Code Title 17, Sections §7583 through §7605 and applies to all State of California Public Water Systems, as defined in California’s Health and Safety Code (CHSC, section 116275(h)).

These regulations are adopted pursuant to California Code of Regulations, Title 17, Chapter 5, Subchapter 1, Group 4 "Drinking Water Supplies."CCCPH.

It is hereby declared to be unlawful for any person, firm, or corporation at any time to make or maintain or cause to be made or maintained, temporarily or permanently, for any period of time whatsoever, any crossconnection between plumbing pipes or water fixtures being served with water by the City water department and any other source of water supply, or to maintain any sanitary fixture or other appurtenances or fixtures which, by reason of their construction, may cause or allow backflow of water or other substances into the water supply system of the City and/or the service of water pipes or fixtures of any consumer of the City.

B. Definitions.
"Air-gap separation" means a physical break between a supply pipe and a receiving vessel. The air-gap shall be at least double the diameter of the supply pipe measured vertically above the top rim of the vessel, in no case less than one (1) inch.
"Approved backflow prevention assembly" means an assembly which has passed laboratory and field evaluation tests performed by a recognized testing organization which has demonstrated their competency to perform such tests to the California Department of Health Services or successor organization. "Approved water supply" means any water supply whose potability is regulated by a state or local Health Agency.
"Auxiliary supply" means any water supply on or available to the premises other than the approved water supply.
"AWWA Standard" means an official standard developed and approved by the American Water Works Association (AWWA).
"Backflow" means a flow condition, caused by a differential in pressure, that causes the flow of water or other liquids, gases, mixtures, or substances into the distributing pipes of a potable supply of water from any source or sources other than an approved water supply source. Backsiphonage is one cause of backflow. Back pressure is another cause.
"Contamination" means a degradation of the quality of the potable water by any foreign substance which creates a hazard to the public health, or which may impair the usefulness or quality of the water. "Cross-connection" as used in this chapter means any unprotected actual or potential connection between a 96 Created: 2025-02-19 15:23:12 [EST]
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potable water system used to supply water for drinking purposes and any source or system containing unapproved water or a substance that is not or cannot be approved as safe, wholesome, and potable. Bypass arrangements, jumper connections, removable sections, swivel or changeover assemblies, or other assemblies through which backflow could occur, shall be considered to be cross-connections. "Double check valve assembly" means an assembly of two (2) internally loaded, independently acting check valves, including resilient seated shut-off valves on each end of the assembly and test cocks for testing the watertightness of each check valve.
"Health Agency" means the California Department of Health Services. "Local Health Agency" means the Orange County Health Care Agency, Environmental Health Division. "Person" means an individual, corporation, company, association, partnership, municipality, public utility, or other public body or institution.
"Premises" means any and all areas on a water user's property which are served or have the potential to be served by the public water system.
"Public water system" means a system for the provision of piped water to the public for human consumption that has five or more service connections or regularly serves an average of twenty-five (25) individuals daily at least sixty (60) days out of the year.
"Reclaimed/recycled water" means a wastewater which, as a result of treatment, is suitable for uses other than potable use.
"Reduced pressure principle backflow prevention assembly" means an assembly incorporating two (2) internally loaded, independently operating check valves and an automatically operating differential relief valve located between the two (2) checks, including resilient seated shut-off valves on each end of the assembly, and equipped with necessary toot cocks for testing the assembly. "Service connection" refers to the point of connection of a user's piping to the water supplier's facilities. "Water supplier" means the person who owns or operates the approved water supply system. "Water user" means any person obtaining water from an approved water supply system.

C. Cross-Connection Protection Requirements.

1. General Provisions.
a. Unprotected cross-connections with the public water supply are prohibited. b. Whenever backflow protection has been found necessary, the City will require the water user to install an approved backflow prevention assembly by and at his or her expense in order to maintain continued services or before a new service will be initiated. c. Wherever backflow protection has been found necessary on a water supply line entering a water user's premises, any and all water supply lines from the City's mains entering such premises, buildings, or structures shall be protected by an approved backflow prevention assembly. The type of assembly will be in accordance with the requirements of this section.

2. Where Protection is Required.
a. Each service connection from the City water system for supplying water to premises having an auxiliary supply shall be protected against backflow of water from the premises into the public water system unless the auxiliary water supply is accepted and approved as an additional source by the City. and is approved by the Health Agency.
b. Each service connection from the City water system for supplying water to any premises on which any substance is handled in such fashion as may allow its entry into the water system shall be protected against backflow of the water from the premises into the public system. This shall include the handling of process waters and waters originating from the City water system which 97 Created: 2025-02-19 15:23:12 [EST]
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have been subjected to deterioration in sanitary quality. c. Approved backflow prevention assemblies shall be installed on service connections to any premises having: (a) internal cross-connections that cannot be permanently corrected and controlled to the satisfaction of the state or local health department and the City; or (b) intricate plumbing and piping arrangements or premises construction such that entry to all portions of the premises are not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not cross-connections exist.

3. Type of Protection Required.
a. The type of protection that shall be provided to prevent backflow into the approved water supply shall be commensurate with the degree of hazard that exists on the consumer's premises. The type of protective assembly that may be required (listed in an increasing level of protection) includes: double check valve assembly (DC), reduced pressure principle approved backflow prevention assembly (RP), and an air-gap separation (AG). The water user may choose a higher level of protection than required by the City. The minimum types of backflow protection required to protect the approved water supply at the user's water connection to premises with varying degrees of hazard are given in Table 13.04.350. Situations which are not covered in Table

13.04.350 shall be evaluated on a case-by-case basis and the appropriate backflow protection shall be determined by the City or Health Agency.

Table 13.04.350
Type of Backflow Protection Required
Degree of Hazard Minimum Type of
Backflow Prevention

1. Sewage and Hazardous Substances
a. Premises where there are wastewater pumping and/or treatment plants and there is no interconnection with the potable water system. This does not include a singlefamily residence that has a sewage lift pump. An RP may be provided in lieu of an AG if approved by the Health Agency and the City Utilities Division.

AG
b. Premises where hazardous substances are handled in any manner in which the substances may enter a potable water system. This does not include a single-family residence that has a sewage lift pump. An RP may be provided in lieu of an AG if approved by the Health Agency and the City Utilities Division.

AG
c. Premises where there are irrigation systems into which fertilizers, herbicides, or pesticides are, or can be, injected.

2. Auxiliary Water Supplies
a. Premises where there is an unapproved auxiliary supply which is interconnected with the public water system. An RP or DC may be provided in lieu of an AG if approved by the Health Agency and the City Utilities Division.

AG
b. Premises where there is an unapproved auxiliary supply and there are no interconnections with the public water system. A DC may be provided in lieu of an RP if approved by the Health Agency and City Utilities Division.

3. Recycled Water
a. Premises where the public water system is used to supplement the recycled water supply.

AG
b. Premises where recycled water is used and there is no interconnection with the potable water system.

4. Fire Protection Systems
a. Premises where the fire system is directly supplied from the public water system and there is an unapproved auxiliary supply on or to the premises (not interconnected).

DC
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b. Premises where the fire system is supplied from the public water system and interconnected with an unapproved auxiliary supply. An RP may be provided in lieu of an AG if approved by the Health Agency and City Utilities Division.

AG
c. Premises where the fire system is supplied from the public water system and where either elevated storage tanks or fire pumps which take suction from private reservoirs or tanks are used.

DC
d. Buildings where the fire system is supplied from the public water system and where recycled water is used in a separate piping system within the same building.

5. Dockside Watering Points and Marine Facilities
a. Pier hydrants for supplying water to vessels for any purpose. RP b. Premises where there are marine facilities. RP

6. Premises where entry is restricted so that inspections for cross-connections cannot be made with sufficient frequency or at sufficiently short notice to assure that crossconnections do not exist.

7. Premises where there is a repeated history of cross-connections being established or re-established.

RP
b. Two (2) or more services supplying water from different street mains to the same building, structure, or premises through which an interstreet main flow may occur shall have at least a standard check valve on each water service to be located adjacent to and on the property side of the respective meters. Such check valve shall not be considered adequate if back-flow protection is deemed necessary to protect the City's mains from pollution or contamination; in such cases the installation of approved backflow assemblies at such service connections shall be required.

D. Backflow Prevention Assemblies.

1. Approved Backflow Prevention Assemblies.
a. Only approved backflow prevention assemblies which have been approved by the City shall be acceptable for installation by a water user connected to the City's potable water system. b. The city will provide, upon request, to any affected customer a list of approved backflow prevention assemblies.

2. Approved Backflow Prevention Assembly Installation.
a. Approved backflow prevention assemblies shall be installed in a manner prescribed in Section 7603, Title 17 of the California Administrative Codethe CCCMP. Location of the assemblies should be as close as practical to the user's connection. The City shall have the final authority in determining the required location of an approved backflow prevention assembly. i. Air-Gap Separation (AG). The air-gap separation shall be located on the user's side of and as close to the service connection as is practical. All piping from the service connection to the receiving tank shall be above grade and be entirely visible. No water use shall be provided from any point between the service connection and the air-gap separation. The water inlet piping shall terminate a distance of at least two (2) pipes diameters of the supply inlet, but in no case less than one (1) inch above the overflow rim of the receiving tank. ii. Reduced Pressure Principle Backflow Prevention Assembly (RP). The approved reduced pressure principle backflow prevention assembly shall be installed on the user's side of and as close to the service connection as is practical. The assembly shall be installed a minimum of twelve (12) inches above grade and not more than thirty-six (36) inches above grade measured from the bottom of the assembly and with a minimum of twelve (12) inches side clearance. The assembly shall be installed so that it is readily accessible for maintenance and testing. Water supplied from any point between the service connection and the RP assembly shall be protected in a manner approved by the City. 99 Created: 2025-02-19 15:23:12 [EST]
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ii.
iii. Double Check Valve Assembly (DC). The approved double check valve assembly shall be located as close as practical to the user's service connection and shall be installed above grade, if possible, and in a manner where it is readily accessible for testing and maintenance. If a double check valve assembly is put below grade it must be installed in a vault such that there is a minimum of six (6) inches between the bottom of the vault and the bottom of the assembly so that the top of the assembly is no more than a maximum of eight (8) inches below grade, so there is a minimum of twenty-four (24) inches of clearance between the side of the assembly with the test cocks and the side of the vault, and so there is a minimum of twelve (12) inches clearance between the other side of the assembly and the side of the vault. Special consideration must be given to double check valve assemblies of the "Y" type. These assemblies must be installed on their "side" with the tests cocks in a vertical position so that either check valve may be removed for service without removing the assembly. Vaults which do not have an integrated bottom must be placed on a three (3) inch layer of gravel.

3. Approved Backflow Prevention Assembly Testing and Maintenance. a. The owners of any premises on which, or on account of which, approved backflow prevention assemblies are installed shall have the assemblies tested by a person who has demonstrated their competency to the City in testing these assemblies. Approved backflow prevention assemblies must be tested at least annually and immediately after installation, relocation, or repair. The City may require a more frequent testing schedule if it is determined to be necessary.

No assembly shall be placed back in service unless it is functioning as required. A report in a form acceptable to the City shall be filed with the City each time an assembly is tested, relocated, or repaired. These assemblies shall be serviced, overhauled, or replaced whenever they are found to be defective and all costs of testing, repair, and maintenance shall be borne by the water user. b. The City will supply affected water users with a list of persons licensed to test and certify approved backflow prevention assemblies. The city will notify affected customers by mail when annual testing of an assembly is needed and also supply users with the necessary forms which must be filled out each time an assembly is tested or repaired.

4. Approved Backflow Prevention Assembly Removal.
a. Approval must be obtained from the City before an approved backflow prevention assembly is removed, relocated, or replaced.
i. Removal. The use of an assembly may be discontinued and the assembly removed from service upon presentation of sufficient evidence to the City to verify that a hazard no longer exists or is not likely to be created in the future; ii. Relocation. An assembly may be relocated following confirmation by the City that the relocation will continue to provide the required protection and satisfy installation requirements. A retest will be required following the relocation of the assembly; iii. Repair. An assembly may be removed for repair, provided the water use is either discontinued until repair is completed and the assembly is returned to service, or the service connection is equipped with other backflow prevention assembly approved by the City. A retest will be required following the repair of the assembly; and iv. Replacement. An assembly may be removed and replaced provided the water use is discontinued until the replacement assembly is installed. All replacement assemblies must be approved by the City and must be commensurate with the degree of hazard involved.

E. User Supervisor. At each premises where it is necessary, in the opinion of the City, a user supervisor shall be designated by and at the expense of the water user. This user supervisor shall be responsible for the Formatted: Font: 11 pt
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monitoring of the approved backflow prevention assemblies and for avoidance of cross-connections. In the event of contamination or pollution of the drinking water system due to a cross-connection on the premises, the City shall be promptly notified by the user supervisor so that appropriate measures may be taken to overcome the contamination. The water user shall inform the City of the user supervisor's identity on, as a minimum, an annual basis and whenever a change occurs.

F. Administrative Procedures.

1. Water System Survey.
a. The City shall review all requests for new services to determine if backflow protection is needed.

Plans and specifications must be submitted to the City upon request for review of possible crossconnection hazards as a condition of service for new service connections. If it is determined that an approved backflow prevention assembly is necessary to protect the public water system, the required assembly must be installed before service will be granted. b. The City may require an on-premises inspection to evaluate cross-connection hazards. The City will transmit a written notice requesting an inspection appointment to each affected water user.

Any water user who cannot or will not allow an on-premises inspection of his or her piping system shall be required to install the approved backflow prevention assembly the City considers necessary.
c. The City may, at its discretion, require a reinspection for cross-connection hazards of any premises to which it serves water. The City will transmit a written notice requesting an inspection appointment to each affected water user. Any water user who cannot or will not allow an onpremises inspection of his piping system shall be required to install the approved backflow prevention assembly the City considers necessary.

2. Customer Notification—Assembly Installation.
a. The City will notify the water user of the survey findings, listing the corrective actions to be taken if any are required. A period of thirty (30) sixty (60) days will be given to complete all corrective actions required, including installation of approved backflow prevention assemblies. b. A second notice will be sent to each water user who does not take the required corrective actions prescribed in the first notice within the thirty (30) sixty (60) day period allowed. The second notice will give the water user a two (2) week period to take the required corrective action. If no action is taken within the two (2) week period, the City may terminate water service to the affected water user until the required corrective actions are taken.

3. Customer Notification—Testing and Maintenance.
a. The City will notify each affected water user when it is time for the approved backflow prevention assembly installed on their service connection to be tested. This written notice shall give the water user thirty (30) days to have the assembly tested. The City will supply the water user with the necessary form to be completed and resubmitted to the City. b. A second notice shall be sent to each water user who does not have his/her approved backflow prevention assembly tested within the thirty (30) day period as prescribed in the first notice. The second notice will give the water user a two (2) week period to have his/her approved backflow prevention assembly tested. If no action is taken within the two (2) week period, the City may terminate water service to the affected water user until the subject assembly is tested.

4. Administrative Fees.

The City Council shall, by resolution, establish such fees as are necessary to implement the city's backflow prevention program. Such fees may be amended from time to time, by resolution, as the City Council deems necessary. Any failure to timely pay such fee as may be adopted or amended from time to time shall result in the City discontinuing water service to the premises until such time as the 101
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delinquent fee, plus any assessed penalty, has been received by the City.

G. Water Service Termination.

1. General.

When the City encounters water uses that represent a clear and immediate hazard to the potable water supply that cannot be immediately abated, the City shall institute the procedure for discontinuing the City water service.

2. Basis For Termination.

Conditions or water uses that create a basis for water service termination shall include, but are not limited to, the following items:
a. Refusal to install a required approved backflow prevention assembly; b. Refusal to test an approved backflow prevention assembly; c. Refusal to repair a faulty approved backflow prevention assembly; d. Refusal to replace a faulty approved backflow prevention assembly; e. Direct or indirect connection between the public water system and a sewer line; f. Unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants;
g. Unprotected direct or indirect connection between the public water system and an auxiliary system; and
h. A situation which presents an immediate health hazard to the public water system.

3. Water Service Termination Procedures.
a. For conditions in subsections (G)(2)(a), (b), (c) or (d), the City will terminate service to a customer's premises after two (2) written notices have been sent specifying the corrective action needed and the time period in which it must be done. If no action is taken within the allowed time period, water service may be terminated.
b. For conditions in subsections (G)(2)(e), (f), (g) or (h), the City will take the following steps:
i. Make a reasonable effort to advise the water user of the City's intent to terminate water service;
ii. Terminate water supply and lock service valve. The water service will remain inactive until correction of violations has been approved by the City.

H. Tester Certification and Qualifications. The following are minimum requirements:
a. Testers shall have had at least two (2) years experience in plumbing or pipe fitting, or equivalent qualifications.
b. Testers shall hold a valid certification from the Orange County Health Care Agency, Environmental Health DivisionAWWA.
c. Each tester of approved backflow prevention assemblies shall furnish evidence to show that he or she has available the necessary tools and equipment to properly test such assemblies. He or she shall be responsible for the competency and accuracy of all tests and reports prepared by him or her.
d. Testers shall hold a current City of San Clemente business license, Section 5.04.020 of this code. (Ord. 1210 § 1, 1998: prior code § 32-36)
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Appendix D
Ordinance No. 1210
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ORDINANCE NO. 1210

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OP SAN CLEMENETE,· CALIFORNIA, AMENDING SECTION

13.04.350 RELATING TO CROSS CONNECTION AND

BACKFLOW PROTECTION DEVICESPROGRAM
WHEREAS, the City of San Clemente provides potable water services to the people of San Clemente; and •
WHEREAS, the City desires to protect the public water supply against contamination through cross connections by methods including but not limited to isolating sources of contamination and eliminating cross connections between drinking water systems and contamination sources; and
WHEREAS, the City adopts this Ordinance in furtherance of the aforementioned goals.

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

Section 1. Section 13.04.350 of the Code of the City of San Clemente is hereby amended to read in its entirety as follows:

13.04.350. Cross connection and backflow protection.

A. INTENT
The purpose of this Ordinance is (1) to protect
the public water supply against actual or potential
Contamination through ·cross Connections by isolating
sources of Contamination that may occur within a Water
User's Premises because of some undiscovered or
unauthorized Cross Connection on the Premises; (2) to
eliminate existing connections between drinking water
systems and other sources of water that are not approved as safe and potable f9r human consumption; (3) to
eliminate Cross· Connections between drinking water
systems and sources of Contamination; and (4) to prevent the making of Cross Connections in the future.

In cooperation with the State Water Resources Control
Board Division of Drinking Water, City’s major goal is to ensure the distribution of a safe and potable water supply to all domestic water users. In order for the City to
achieve this goal, a Cross-Connection Control Management Plan (CCCMP) is being developed with an effective date of July 1, 2025. The City’s CCCMP was developed pursuant to the requirements set forth in the Cross-Connection Control Policy Handbook (CCCPH) which replaced State of California Administrative Code Title 17, Sections §7583 through §7605 and applies to all State of California Public Water Systems, as defined in California’s Health and Safety Code (CHSC, section 116275(h)).
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These regulations are adopted pursuant to CCCPH
California Code of Regulations, Title 17, Chapter 5,
Subchapter 1,
Group 4 "Drinking Water Supplies."
It is hereby declared to be unlawful for any Person,
firm, or corporation at any time to make or maintain or cause to be made or maintained, temporarily or
permanently, for any period of time whatsoever, any
Cross Connection between plumbing pipes or water fixtures being served with water by the City water department
and any other source of water supply, or to maintain any sanitary
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Ordinance No. 1210 Page two
fixture or other appurtenances or fixtures which, by
reason of their construction, may cause or allow Backflow of water or other substances into the water supply system of the City and/or the service of water pipes or fixtures of any consumer of the City.

B. DEFINITIONS

1. Air-Gap Separation: The term "Air-Gap
Separation" means a physical break between a
supply pipe and a receiving vessel. The airgap shall be at least double the diameter of the supply pipe measured vertically above the
top rim of the vessel, in no case less than
one inch.

2. Approved Backflow Prevention Assembly: The
term "Approved Backflow Prevention Assembly"
shall mean an assembly which has passed
laboratory and field evaluation tests
performed by a recognized testing
organization which has demonstrated their
competency to perform such tests to the
California Department of Health. Services or
successor organization.

3. Approved Water Supply: The term "Approved
Water Supply" means any water supply whose
potability is regulated by a State or Local
Health Agency.

4. Auxiliary Supply: The term "Auxiliary Supply"
means any water supply on or available to the
Premises other than the Approved Water Supply.

5. AWWA Standard: The term "AWWA Standard" means
an official standard developed and approved by
the American Water Works Association (AWWA).

6. Backflow: The term "Backflow" shall mean a
flow condition, caused by a differential in
pressure, that causes the flow of water or
other liquids, gases, mixtures, or substances
into the distributing pipes of a potable
supply of water· from any source or sources
other than an Approved Water Supply source.

Backsiphonage is one cause of Backflow. Back
pressure is another cause.

7. Contamination: The term "Contamination" means
a degradation of the quality <;>f the potable
water by any foreign substance which creates a
hazard to the public health, or which may
impair the usefulness or quality of the water.
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Ordinance No. 1210 Page,three

8. Cross Connection: The term "Cross Connection"
as used in this Ordinance means any
unprotected actual or potential connection
between a potable water system used to supply
water for drinking purposes and any source or
system containing unapproved water or a
substance that is not or cannot be approved
as safe, wholesome, and potable. By-pass
arrangements, jumper connections, removable
sections, swivel or changeover assemblies, or
other assemblies through which Backflow could
occur, shall be considered to be Cross
Connections.

9. Double Check Valve Assembly: The term "Double
Check Valve Assembly" means an assembly of two
internally loaded, independently acting check
valves, including resilient seated shut-off
valves on each end of the assembly and test
cocks for testing the watertightness of each
check valve.

10. Health Agency: The term "Health Agency" means
the California Department of Health Services.

11. Local Health Agency: The term "Local Health
Agency" means the Orange County Health Care
Agency, Environmental Health Division.

12. Person: The term "Person" means an
individual, corporation, company,
association, partnership, municipality,
public utility, or other public body or
institution.

13. Premises: The term "Premises" means any and
all areas on a Water User's property which are
served or have the potential to be served by
the Public Water System.

14. Public Water System: The term "Public Water
system" means a system for the provision of
piped water to the public for human
consumption that has five or more Service
Connections or regularly serves an average of
25 individuals daily at least 60 days out of
the year.

15. Reclaimed/Recycled Water: The term "Reclaimed/
Recycled Water" means a wastewater which, as a
result of treatment, is suitable for uses
other than potable use.

16.1. Reduced Pressure Principle Backflow
Prevention Assembly: The term "Reduced
Pressure Principle Backflow Prevention
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261/062266--0191nt sons.3 a0412S/97 -3-
Assembly" means an assembly incorporating two
internally loaded,
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261/062266-0191/21S073S.3 a04n5l<n -4-
Ordinance No 1210 Page•four·
independently operating check valves and an
automatically operating differential relief
valve located between the two checks,
including resilient seated shut-off valves on
each end of the assembly, and equipped with
necessary toot cocks for testing the
assembly.

17. Service Connection: The term "Service
Connection" refers to the point of connection
of a user's piping to the Water Supplier's
facilities.

18. Water Supplier: The term "Water .supplier"
means the Person who owns or operates the
Approved Water Supply system.

19. Water User: The term "Water User" means any
Person obtaining water from an Approved Water
Supply system..
c. CROSS CONNECTION PROTECTION REQUIREMENTS

1. General Provisions •
a. Unprotected Cross Connections with the
public water supply are prohibited.
b. Whenever Backflow protection has been
found necessary, the City will require
the Water· User to install an Approved
Backflow Prevention Assembly by and at
his expense in order to maintain
continued services or before a new
service will be initiated.
c. Wherever Backflow protection has been
found necessary on a water supply line
entering a Water User's Premises, any and
all water supply lines from the City's
mains entering such Premises, buildings,
or structures shall be protected by an
Approved Backflow Prevention Assembly.

The type of assembly will be in
accordance with the requirements of this
section.

This shall include the handling of
process waters and waters originating
from the City water system which have
been subjected to deterioration in
sanitary
·quality.
3 ..
c. Approved Backflow Prevention Assemblies
shall be installed on Service Connections
to any Premises having: {a) internal
Cross Connections that cannot be
permanently corrected and controlled to
the satisfaction of the State or local
health department and the City; or {b)
intricate plumbing and piping
arrangements or Premises construction
such that entry to all portions of the
Premises are not readily accessible for
inspection purposes, making it
impracticable or impossible to ascertain
whether or not Cross Connections exist.

Type of Protection Required
a. The type of protection that shall be
provided to prevent Backflow into the
Approved Water Supply shall be
commensurate with the degree of hazard
that exists on the consumer's Premises.

The type of protective assembly that may
be required {listed in an increasing
level of protection) includes: Double
Check Valve Assembly {DC), Reduced
Pressure Principle Approved Backflow
Prevention Assembly {RP), and an Air-Gap
Separation
{AG). The Water User may choose a higher
level of protection than required by the
City. The minimum types of Backflow
protection required to protect the
Approved Water Supply at the user's
water connection to Premises with
varying degrees of hazard are given in
Table 1. Situations which are not covered
in Table 1 shall be evaluated on a case110
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by-case basis and the
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Ordinance No. 1210 Page ,six •
appropriate Backflow protection· shall be
determined by the City or Health Agency.

TABLE 1

TYPE OF BACKFLOW PROTECTION REQUIRED
Degree of Hazard Minimum
Type of
Backflow
Prevention
( 1) Sewage and Hazardous Substances
(a) Premises where there are wastewater
pumping and/or treatment plants and
there is no interconnection with the
potable water system. This does not . AG
include a single family residence that
has a sewage lift pump. An RP may be
provided in lieu of an AG if approved
by the Health Agency and the City
Utilities Division.
(b)
(c)
Premises where hazardous substances
are handled in any manner in which
the substances may enter a potable
water system. This does not include AG
a single family residence that has a
sewage lift pump. An RP may be provided
in lieu of an AG if approved by the
Health Agency and the City Utilities
Division.

Premises where there are irrigation
systems into which fertilizers, RP
herbicides, or pesticides are, or can
be, injected.
(2) Auxiliary Water Supplies
(a) Premises where there is an unapproved
Auxiliary Supply which is interconnected
with the Public Water System. An RP or AG
DC may be provided· in lieu of an AG if
approved by the Health Agency and the City
Utilities Division.
(b) Premises where there is an unapproved
Auxiliary Supply and there are no
interconnections with the Public Water RP
System. A DC may be provided in lieu of
an RP if approved by the Health Agency
and City Utilities Division.
( 3) Recycled Water
(a) Premises where the public water system
is used to supplement the recycled water AG
supply.
(b) Premises where recycled water is used
and there is no interconnection with the RP
potable water system.
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261/062266-019lntS073S.3 a04n.5/97 -8-
Ordinance No. 1210 Page seven
TABLE 1

TYPE OF BACKFLOW PROTECTION REQUIRED
(continued)
Degree of Hazard
(4) Fire Protection Systems
(a) Premises where the fire system is
directly supplied from the Public
Water System and there is an
unapproved Auxiliary Supply on
or to the Premises (not interconnected).

Minimum
Type of
Backflow
Prevention
DC
(b)
(c)
(d)
Premises where the fire system is
supplied from the Public Water System
and interconnected with an unapproved AG
Auxiliary Supply. An RP may be provided
in lieu of an AG if approved by the
Health Agency and City Utilities
Division.

Premises where the fire system is
supplied from the Public Water System
and where either elevated storage DC
tanks or fire pumps which take suction
from private reservoirs or tanks are
used. •
Buildings where the fire system is
supplied from the Public Water System
and where recycled water is used in a DC
separate piping system within the same
building.
(S) Dockside Watering Points and Marine Facilities
( a)
(b)
Pier hydrants for supplying water RP
to vessels for any purpose.

Premises where there are marine RP
facilities.
( 6)
( 7)
Premises where entry is restricted so that
inspections for Cross Connections cannot be
made with sufficient frequency or at RP
sufficiently short notice to assure that
Cross Connections do not exist.

Premises where there is a repeated history
of cross Connections being established or
re-established. RP
b. Two or more services supplying water from
different street mains to the same
building, structure, or Premises through
which an inter-street main flow may occur
shall have at least a standard check
valve on each water service to be located
adjacent to and on the property
·side of the
113
26l /062266-0191/2150735.3 a<M/25/97 -aOrdinance No. 1210 Page eight respective meters. such check valve
shall not be considered adequate if
Backflow protection is deemed necessary
to protect the City's mains from
pollution or Contamination; in such
cases the installation of Approved
Backflow Assemblies at such Service
Connections shall be required.

D. BACKFLOW PREVENTION ASSEMBLIES

1. Approved Backflow Prevention Assemblies
a. Only Approved Backflow Prevention
Assemblies which have been approved by
the city shall be acceptable for
installation by a Water User connected
to the City's potable water system.
b. The City will provide, upon request, to
any affected customer a list of Approved
Backflow Prevention Assemblies.

2. Approved Backflow Prevention Assembly
Installation
a. Approved Backflow Prevention Assemblies
shall be installed in the CCCMP a manner
prescribed in Section 7603, Title 17 of
the California Administrative Code. Location of the assemblies should be as close as practical to the user's
connection. The City shall have the
final authority in deter- mining the
required location of an Approved
Backflow Prevention Assembly.
(1) Air-Gap Separation (AG). The AirGap Separation shall be located on the user's side of and as close to
the Service Connection as is
practical. All piping from the
Service Connection to the receiving
tank shall be above grade and be
entirely visible. No water use
shall be provided from any point
between the Service Connection and
the Air-Gap Separation. The water
inlet piping shall terminate a
distance of at least two (2) pipes
diameters of the supply inlet, but
in_ no case less than one inch (1")
above the over- flow rim of the
receiving tank.
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26I /062266-019 I/2150735.3 a04n.5/97 -9-
Ordinance No. 1210 Page c-nine•
(2) Reduced Pressure Principle Backflow
Prevention Assembly (RP). The
approved Reduced Pressure Principle
Backflow Prevention Assembly shall
be installed on the user's side of
and as close to the Service
Connection as is practical. The
assembly shall be installed a
minimum of twelve inches (12")
above grade and not more than
thirty-six inches (36"} above
grade measured from the bottom of
the assembly and with a minimum of
twelve inches (12"} side
clearance. The assembly shall be
installed so that it is readily
accessible for maintenance and testing. Water supplied from any point between the Service Connection and
the RP assembly shall be protected
in a manner approved by the City.
(3) Double Check Valve Assembly (DC).

The approved Double Check Valve
Assembly shall be located as close
as practical to the user's Service
Connection and shall be installed
above grade, if possible, and in a
manner where it is readily
accessible for testing and
maintenance. If a Double Check
Valve Assembly is put below grade
it must be installed in a vault
such that there is a minimum of
six inches (611} between the bottom
of the vault and the bottom of the
assembly so that the top of the
assembly is no more than a maximum
of eight inches (8") below grade,
so there is a minimum of twenty
four inches (24") of clearance
between the side of the assembly
with the test cocks and the side of
the vault, and so there is a
minimum of twelve inches (12")
clearance between the other side of
the assembly and the side of the
vault. Special consideration must
be given to Double Check Valve
Assembles of the "Y" type. These
assemblies must be installed ·on
their "side" with the tests cocks in
a vertical position so that either
check valve may be removed for
service without removing the
assembly. Vaults which do not
115
26I /062266-019 I/2150735.3 a04n.5/97 -9-
have an
116
261/06n66-0t91/2150735.3 a04125/97 -10-
Ordinance No..1210 Page.ten -
integrateg bottom must be placed on
a three inch (3") layer of gravel.

Approved Backflow Prevention Assemblies
must be tested at least annually and
immediately after installation,
relocation, or repair. The City may
require a more frequent testing schedule
if it is determined to be necessary. No
assembly shall be placed back in service
unless it is functioning. as required. A
report in a form acceptable to the City·
shall be filed with the City each time an
assembly is tested, relocated, or
repaired. These assemblies shall be
serviced, overhauled, or replaced
whenever they are found to be defective
and all costs of testing, repair, and
maintenance shall be borne by the Water
User.
b. The City will supply affected Water Users
with a list of Persons licensed to test
and certify Approved Backflow Prevention
Assemblies. The City will notify
affected customers by mail when annual
testing of an assembly is needed and also
supply users with the necessary forms
which must be filled out each time an
assembly is tested or repaired.

4. Approved Backflow Prevention Assembly Removal
a. Approval must be obtained from the City
before an Approved Backflow Prevention
Assembly is removed, relocated, or
replaced.
(1) Removal: The use of an assembly may
be discontinued and the assembly
removed from service upon
presentation of sufficient evidence
to the City to verify that a hazard
no longer exists or is not likely to
be created in the future;
117
261/062266-0191/215<Y735.3 a04n.5/97 -11-
' ·.-:y:f}t<;:·:_. •.'·
Ordinance No. 1210 Page_eleven
(2)
(3)
Relocation: An assembly may be
relocated following confirmation by
the City that the relocation will
continue to provide the required
protection and satisfy installation
requirements. A retest will be
required following the relocation of
the assembly;
Repair: An assembly may be removed
for repair, provided the water use
is either discontinued until repair
is completed and the assembly is
returned to service, or the Service
Connection is equipped with other
Backflow Prevention Assembly
approved by the City. A retest will
be required following the repair of
the assembly; and
(4) Replacement: An assembly may be
removed and replaced provided the
water use is discontinued until the
replacement assembly is installed.

All replacement assemblies must be
approved. by the City and must be
commensurate with the degree of
hazard involved.

USER SUPERVISOR
At each Premises where it is necessary, in the
opinion of the City, a user supervisor shall be
designated by and at the expense of the water User.

This user supervisor shall be responsible for the
monitoring of the Approved Backflow Prevention
Assemblies and for avoidance of cross Connections.

In the event of Contamination or pollution of the
drinking water system due to a Cross Connection on
the Premises, the City shall be promptly notified
by the user supervisor so that appropriate measures
may be taken to overcome the contamination. The
Water User shall inform the City of the user supervisor's identity on, as a minimum, an annual basis and whenever a change occurs.

ADMINISTRATIVE PROCEDURES

Page0 twel"ve
upon request for review of possible Cross
Connection hazards as a condition of
service for new Service Connections.

If it is determined that an Approved
Backflow Prevention Assembly is necessary
to protect the Public Water System, the
required assembly must be installed
before service will be granted.

The City may require an on-Premises
inspection to evaluate Cross Connection
hazards. The City will transmit a
written notice requesting an inspection
appointment to each affected Water User.

Any Water User who cannot or will not
allow an on-Premises inspection of his
piping system shall be required to
install the Approved Backflow Prevention
Assembly the. City considers· necessary.
c. The City may, at it's discretion, require
a reinspection for Cross Connection
hazards of any Premises to which it
serves water. The City will transmit a
written notice requesting an inspection
appointment to each affected Water User.

Any Water User who cannot or will not
allow an on-Premises inspection of his
piping system shall be required to
install the Approved Backflow Prevention
Assembly the City considers necessary.

2. Customer Notification - Assembly Installation
a. The City will notify the Water User of
the survey findings, listing the
corrective actions to be taken if any
are required. A period of sixty (60)
thirty (30) days will be given to
complete all corrective actions
required, including installation of
Approved Backflow Prevention
Assemblies.
b. A second notice will be sent to each
Water User who does not take the required
corrective actions prescribed in the
first notice within the sixty
(60)thirty (30) day period allowed.

The second notice will give the Water
User a two (2) week period to take the
required corrective action. If no
action is taken within the two (2) week
period, the City may terminate water
service to the affected Water User until
119
261/062266--0191n150735.3 a04n51'n -13-
Ordinance No. 1210 Page"thirteen
the required corrective actions are
taken.

3. customer Notification - Testing and Maintenance
a. The City will notify each affected Water
User when it is time for the Approved
Backflow Prevention Assembly installed on
their Service Connection to be tested.

This written notice shall give the Water
User thirty (30) days to have the
assembly tested. The City will supply
the Water User with the necessary form
to be completed and resubmitted to the
City.
b. A second notice shall be sent to each
Water User who does not have his/her
Approved Backflow Prevention Assembly
tested within the thirty (30) day period
as prescribed in the first notice. The
second notice will give the Water User a
two (2) week period to have his/her
Approved Backflow Prevention Assembly
tested. If no action is taken within the
two (2) week period, the City may
terminate water service to the affected
Water User until the subject assembly
is tested.

4. Administrative Fees
The City Council shall, by resolution, establish
such fees as are necessary to implement the city's
Backflow prevention program. Such fees may be
amended from time to time, by resolution, as the
City Council deems necessary. Any failure to
timely pay such fee as may be adopted or amended
from time to time shall result in the City
discontinuing water service to the premises until
such time as the delinquent fee, plus any assessed
penalty, has been received by the City.

G. WATER SERVICE TERMINATION

1. General
When the City encounters water uses that
represent a clear and immediate hazard to the
potable water supply that cannot be
immediately abated, the City shall.
institute the procedure for discontinuing
the City water service.
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Ordinance No. 1210 Page.fourteen

2. Basis For Termination
Conditions or water uses that create a basis
for water service termination shall include,
but are not limited to, the following items:
a. Refusal to install a required Approved
Backflow Prevention Assembly;
b. Refusal to test an Approved Backflow
Prevention Assembly;
c. Refusal to repair a faulty Approved
Backflow Prevention Assembly;
d. Refusal to replace a faulty Approved
Backflow Prevention Assembly;
e. Direct or indirect connection between the
Public Water System and a sewer line;
f. Unprotected direct or indirect connection
between the Public Water System and a
system or equipment containing
contaminants;
g. Unprotected direct or indirect connection
between the Public Water System and an
Auxiliary System; and
h. A situation which presents an immediate
health hazard to the Public Water System.

3. Water Service Termination Procedures
a. For conditions a, b, c, or d, the City
will terminate service to a customer's
premise after two (2) written. notices
have been sent specifying the corrective
action needed and the time period in
which it must be done. If no action is
taken within the allowed time period,
water service may be terminated.
b. For conditions e, f, g, or h, the City
will take the following steps:
(1) Make a reasonable effort to advise
the Water User of the City's intent
to terminate water service;
(2) Terminate water supply and lock
service valve. The water service
will remain inactive until correc
121
261/062266-019ln150735.3 aot/25/97 -15-
·-. ...

Ordinance No. 1210
' ,... -.-
:
:
:.. . ,
Page.fifteen
tion _of violations ha's been approved
• by ·. the City.

H. TESTER CERTIFICATION",:ANI'.r···ouALIFICATIONS
The following are minimum requirements:
a. Testers shall have had at least two (2) years
experience in plumbing or pipe fitting, or
equivalent qualifications.
b. Testers shall hold a valid certification from
AWWA the Orange County Health Care Agency,
Environ- mental Health Division.
c. Each tester of Approved Backflow Prevention
Assemblies shall furnish evidence to show that
he or she has available the necessary tools
and equipment to. properly test such
assemblies. He or she shall be responsible
for the competency and accuracy of all tests
and reports prepared by him or her.
d. Testers shall _hold a current City of San
Clemente business license, Section 8-2, City
Municipal Code.

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

Section 3. This Ordinance shall take effect thirty (30) days from the date of its passage. Before the expiration of fifteen (15) days after its passage, this Ordinance shall be published in the Sun Post News, a newspaper of general circulation, printed and published in the City of San Clemente.
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261/062266-0191nt sons.3 a04n.5/97 -16-
Ordinance No.• 1210 Page sixteen
APPROVED AND ADOPTED on this 2nd day of September.! 1998_0, by the city council of the City of San Clemente.

ATEST:

CITe
San Clemente, California

STATE OF CALIFORNIA

COUNTY OF ORANGE

CITY OF SAN CLEMENTE
)
) ss.
)
I, MYRNA ERWAY, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1210 having been regularly introduced at the meeting of August 5, 1998 , was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the city council held on the 2nd day of September, 1998 , ;· and said Ordinance and adopted by the following stated vote to wit:

AYES:

NOES:

ABSENT:

AHLE, ANDERSON, APODACA, BERG, MAYOR DAHL
NONE
NONE
APPROVED AS TO FORM:

YOR of the City of
Clemente, California I
123
City of San Clemente ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025
Appendix E
High Hazard Premises

124
City of San Clemente ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025

APPENDIX E

HIGH HAZARD CROSS-CONNECTION CONTROL PREMISES
The list below identifies premises that require backflow protection provided by an air gap or a reduced pressure principle backflow prevention assembly, unless noted otherwise. The list below is not intended to be all-inclusive. A PWS, State Water Board, or local health agency may require an AG, RP, or both to protect a PWS from other hazards not listed below and identified in premises through the hazard assessment completed in CCCPH Chapter 3, section 3.2.1. A PWS may reduce or increase the minimum protection required for a previously hazard-assessed user premise following a hazard reassessment as described in CCCPH Chapter 3, section 3.2.1.

1. Sewage handling facilities

2. Wastewater lift stations and pumping stations

3. Wastewater treatment processes, handling, or pumping equipment that is interconnected to a piping system connected to a PWS (+)

4. Petroleum processing or storage plants

5. Radioactive material storage, processing plants or nuclear reactors

6. Mortuaries

7. Cemeteries

8. Sites with an auxiliary water supply interconnected with PWS (+)

9. Sites with an auxiliary water supply not interconnected with PWS

10. Premises with more than one connection to the PWS (++++)

11. Recycled water (++)(+++)

12. Recycled water interconnected to piping system that contains water received from a PWS (+)

13. Graywater systems, as defined in California Water Code Section 14876, that are interconnected to a piping system that is connected to a PWS

14. Medical facilities

15. Kidney dialysis facilities

16. Dental office with water-connected equipment

17. Veterinarian facilities

18. Chemical plants

19. Laboratories

20. Biotech facilities

21. Electronics manufacture

22. Dry cleaner facilities

23. Industrial or commercial laundry facilities

24. Metal-plating facilities

25. Business park with a single meter serving multiple businesses

26. Marine-port facilities

27. Car wash facilities

28. Mobile home park, RV park, or campgrounds with RV hookups 125
City of San Clemente ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025

29. Hotels/motels

30. Gas stations

31. Fire stations

32. Solid waste disposal facilities

33. Pet groomers

34. Agricultural premises

35. Hazard assessment access denied or restricted

36. Railroad maintenance facilities

37. Incarceration facilities (e.g., prisons)

38. Temporary connections to fire hydrants for miscellaneous uses, including construction

39. Private water distribution mains

40. Drinking water storage tank overflow connected to a sump or storm drain (+)

41. Airports
(+) Premise isolated by air gap only except as allowed through CCCPH Section 3.2.2(c) (++) Dual-plumbed use areas established per CCR Title 22, Section 60313 through 60316 where recycled water is used for individually owned residential unit. (+++) Residences using recycled water for landscape irrigation as part of an approved dual plumbed use area established pursuant to CCR Title 22, sections 60313 through 60316 shall use, at a minimum, a DC. If the water supplier is also the supplier of the recycled water, then the recycled water supplier may obtain approval of the local public water supplier or the State Water Board, to utilize an alternative backflow protection plan that includes an annual inspection of both the recycled water and potable water systems and an annual crossconnection test of the recycled water and potable water systems pursuant to subsection 60316(a) in lieu of any BPA.
(++++) All connections must receive at least the same level of protection excluding fire protection when connected to the PWS distribution system (e.g., if one connection requires an RP then all connections must have RPs installed).
126
City of San Clemente ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ

City ŽĨ^ĂŶůĞŵĞŶƚĞDW– June 2025
Appendix F
Assessment Database
127
Zone No. Account No. Customer Name Service Address Service Type Service Size Meter Size Meter S/N Backflow Type Manufacturer Backflow Size Recommended
BPA
Assessment
Date CCCPS Name, No.
100 1234567 Jonathan Johnson 12365 W. Longstreet Name Commercial 1-inch 1-inch W-123456789 RP Febco 1-inch RP 12/12/2025 K. Kerr, No. 12345 100 1234568 Mary Smith 12366 W. Longstreet Name Industrial 1-inch 1-inch W-123456790 RP Febco 1-inch RP 12/13/2025 K. Kerr, No. 12346100 1234569 Bill Jones 12367 W. Longstreet Name Multi-Family 1-inch 1-inch W-123456791 RP Febco 1-inch RP 12/14/2025 K. Kerr, No. 12347100 1234571 Jose Martinez 12369 W. Longstreet Name Agricultural 1-inch 1-inch W-123456793 RP Watts 1-inch RP 12/16/2025 K. Kerr, No. 12349100 1234572 Adam Lin 12370 W. Longstreet Name Landscaping 1-inch 1-inch W-123456794 RP Watts 1-inch RP 12/17/2025 K. Kerr, No. 12350100 1234570 Fred Brown 12368 W. Longstreet Name Residential 1-inch 1-inch W-123456792 None None 12/15/2025 K. Kerr, No. 12348100 1234572 Fred Brown 12368 W. Longstreet Name Residential 1-inch 1-inch W-123456792 None None 12/15/2025 K. Kerr, No. 12348100 1234573 Fred Brown 12368 W. Longstreet Name Residential 1-inch 1-inch W-123456792 None None 12/15/2025 K. Kerr, No. 12348100 1234571 Fred Brown 12368 W. Longstreet Name Residential 1-inch 1-inch W-123456792 None None 12/15/2025 K. Kerr, No. 12348100 1234573 Fred Brown 12368 W. Longstreet Name Residential 1-inch 1-inch W-123456792 None None 12/15/2025 K. Kerr, No. 12348100 1234574 Fred Brown 12368 W. Longstreet Name Residential 1-inch 1-inch W-123456792 None None 12/15/2025 K. Kerr, No. 12348100 1234572 Fred Brown 12368 W. Longstreet Name Residential 1-inch 1-inch W-123456792 None None 12/15/2025 K. Kerr, No. 12348100 1234574 Fred Brown 12368 W. Longstreet Name Residential 1-inch 1-inch W-123456792 None None 12/15/2025 K. Kerr, No. 12348100 1234575 Fred Brown 12368 W. Longstreet Name Residential 1-inch 1-inch W-123456792 None None 12/15/2025 K. Kerr, No. 12348 Cross-Connection Assessment Tracking Sheet
128
Zone No. Account No. Customer Name Service Address Service Type Service Size Meter Size Meter S/N Backflow Type Manufacturer Backflow Size Recommended
BPA
Assessment
Date CCCPS Name, No.
200 1234567 Jonathan Johnson 12365 W. Longstreet Name Commercial 1-inch 1-inch W-123456789 RP Febco 1-inch RP 12/12/2025 K. Kerr, No. 12345 200 1234568 Mary Smith 12366 W. Longstreet Name Industrial 1-inch 1-inch W-123456790 RP Febco 1-inch RP 12/13/2025 K. Kerr, No. 12346200 1234569 Bill Jones 12367 W. Longstreet Name Multi-Family 1-inch 1-inch W-123456791 RP Febco 1-inch RP 12/14/2025 K. Kerr, No. 12347200 1234571 Jose Martinez 12369 W. Longstreet Name Agricultural 1-inch 1-inch W-123456793 RP Watts 1-inch RP 12/16/2025 K. Kerr, No. 12349200 1234572 Adam Lin 12370 W. Longstreet Name Landscaping 1-inch 1-inch W-123456794 RP Watts 1-inch RP 12/17/2025 K. Kerr, No. 12350200 1234570 Fred Brown 12368 W. Longstreet Name Residential 1-inch 1-inch W-123456792 None None 12/15/2025 K. Kerr, No. 12348 Cross-Connection Assessment Tracking Sheet
129
Zone No. Account No. Customer Name Service Address Service Type Service Size Meter Size Meter S/N Backflow Type Manufacturer Backflow Size Recommended
BPA
Assessment
Date CCCPS Name, No.
300 1234567 Jonathan Johnson 12365 W. Longstreet Name Commercial 1-inch 1-inch W-123456789 RP Febco 1-inch RP 12/12/2025 K. Kerr, No. 12345 300 1234568 Mary Smith 12366 W. Longstreet Name Industrial 1-inch 1-inch W-123456790 RP Febco 1-inch RP 12/13/2025 K. Kerr, No. 12346300 1234569 Bill Jones 12367 W. Longstreet Name Multi-Family 1-inch 1-inch W-123456791 RP Febco 1-inch RP 12/14/2025 K. Kerr, No. 12347300 1234571 Jose Martinez 12369 W. Longstreet Name Agricultural 1-inch 1-inch W-123456793 RP Watts 1-inch RP 12/16/2025 K. Kerr, No. 12349300 1234572 Adam Lin 12370 W. Longstreet Name Landscaping 1-inch 1-inch W-123456794 RP Watts 1-inch RP 12/17/2025 K. Kerr, No. 12350300 1234570 Fred Brown 12368 W. Longstreet Name Residential 1-inch 1-inch W-123456792 None None 12/15/2025 K. Kerr, No. 12348300 1234572 Fred Brown 12368 W. Longstreet Name Residential 1-inch 1-inch W-123456792 None None 12/15/2025 K. Kerr, No. 12348300 1234573 Fred Brown 12368 W. Longstreet Name Residential 1-inch 1-inch W-123456792 None None 12/15/2025 K. Kerr, No. 12348300 1234571 Fred Brown 12368 W. Longstreet Name Residential 1-inch 1-inch W-123456792 None None 12/15/2025 K. Kerr, No. 12348300 1234573 Fred Brown 12368 W. Longstreet Name Residential 1-inch 1-inch W-123456792 None None 12/15/2025 K. Kerr, No. 12348300 1234574 Fred Brown 12368 W. Longstreet Name Residential 1-inch 1-inch W-123456792 None None 12/15/2025 K. Kerr, No. 12348300 1234572 Fred Brown 12368 W. Longstreet Name Residential 1-inch 1-inch W-123456792 None None 12/15/2025 K. Kerr, No. 12348300 1234574 Fred Brown 12368 W. Longstreet Name Residential 1-inch 1-inch W-123456792 None None 12/15/2025 K. Kerr, No. 12348300 1234575 Fred Brown 12368 W. Longstreet Name Residential 1-inch 1-inch W-123456792 None None 12/15/2025 K. Kerr, No. 12348300 1234573 Fred Brown 12368 W. Longstreet Name Residential 1-inch 1-inch W-123456792 None None 12/15/2025 K. Kerr, No. 12348300 1234575 Fred Brown 12368 W. Longstreet Name Residential 1-inch 1-inch W-123456792 None None 12/15/2025 K. Kerr, No. 12348 Cross-Connection Assessment Tracking Sheet
130
Zone No. Account No. Customer Name Service Address Service Type Service Size Meter Size Meter S/N Backflow Type Manufacturer Backflow Size Recommended
BPA
Assessment
Date CCCPS Name, No.
400 1234567 Jonathan Johnson 12365 W. Longstreet Name Commercial 1-inch 1-inch W-123456789 RP Febco 1-inch RP 12/12/2025 K. Kerr, No. 12345 400 1234568 Mary Smith 12366 W. Longstreet Name Industrial 1-inch 1-inch W-123456790 RP Febco 1-inch RP 12/13/2025 K. Kerr, No. 12346400 1234569 Bill Jones 12367 W. Longstreet Name Multi-Family 1-inch 1-inch W-123456791 RP Febco 1-inch RP 12/14/2025 K. Kerr, No. 12347400 1234571 Jose Martinez 12369 W. Longstreet Name Agricultural 1-inch 1-inch W-123456793 RP Watts 1-inch RP 12/16/2025 K. Kerr, No. 12349400 1234572 Adam Lin 12370 W. Longstreet Name Landscaping 1-inch 1-inch W-123456794 RP Watts 1-inch RP 12/17/2025 K. Kerr, No. 12350400 1234570 Fred Brown 12368 W. Longstreet Name Residential 1-inch 1-inch W-123456792 None None 12/15/2025 K. Kerr, No. 12348400 1234572 Fred Brown 12368 W. Longstreet Name Residential 1-inch 1-inch W-123456792 None None 12/15/2025 K. Kerr, No. 12348400 1234573 Fred Brown 12368 W. Longstreet Name Residential 1-inch 1-inch W-123456792 None None 12/15/2025 K. Kerr, No. 12348400 1234571 Fred Brown 12368 W. Longstreet Name Residential 1-inch 1-inch W-123456792 None None 12/15/2025 K. Kerr, No. 12348400 1234573 Fred Brown 12368 W. Longstreet Name Residential 1-inch 1-inch W-123456792 None None 12/15/2025 K. Kerr, No. 12348400 1234574 Fred Brown 12368 W. Longstreet Name Residential 1-inch 1-inch W-123456792 None None 12/15/2025 K. Kerr, No. 12348 Cross-Connection Assessment Tracking Sheet
131
City of San Clemente ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ

City ŽĨ^ĂŶůĞŵĞŶƚĞDW– June 2025
Appendix G
Self-Report Letter
(Commercial/Industrial Assessments)
132
On your property do any of the following exist:

Dental and/or medical equipment using water Laundry facilities Pumps or motors connected to water or sewer piping Multiple tenant suites Chemicals in quantities greater than 5 gallons or 5 lbs. Graywater system(s) Water storage tanks, ponds, water treatment systems,
sewage treatment, sewage storage, and/or wells
Petroleum, chemical or radioactive materials processing or storage Type of Business
Veterinary Manufacturing
Pet grooming Food Processing
Medical/Dental Restaurant
Office/Warehouse Aerospace
Hotel/Motel Retail
Other (explain below):

Site Contact
Contact Name:

Business Name:

Phone No.

Email:

Signature
Print Name:

Title:

Date:

Degree of Hazard Meter protection appropriate for Degree of Hazard Internal Protection and Referral to OC Health High Yes Yes
Low No No
No Hazard
Cross-Connection Control Specialist Reviewer:

Cross-Connection Control Program Specialist Certification No. Expiration Date:

Review Date:

Commercial/Industrial Onsite Use Questionnaire
To help prevent backflow incidents please answer the questions below.

FOR WATER PURVEYOR USE ONLY
If yes, what chemicals are present:

If yes, please describe:

I am uncertain of the hazards on site and request an inspection.

I certify that the above information is true and correct to the best of my knowledge.

On December 19, 2023, the State Water Resources Control Board adopted the Cross-Connection Policy Handbook which became effective on July 1, 2024. This new legislation requires each public water system to conduct initial and ongoing inspections of potentially high hazard facilities to determine the level of hazard within your facility. The City is asking that each customer of a commercial/industrial site complete the survey below and return the completed survey form to: Kevin Kerr, Regulatory Compliance Analyst at 380 Ave Pico, San Clemente, CA 92672; Email: [email protected]; Phone: (949) 886-5589 133
City of San Clemente ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ

City ŽĨ^ĂŶůĞŵĞŶƚĞDW– June 2025
Appendix H
Backflow Prevention Assembly Diagrams

134
City of San Clemente ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City ŽĨ^ĂŶůĞŵĞŶƚĞDW– June 2025
Diagram 1
Double check detector ďĂĐŬŇŽǁ ƉƌĞǀĞŶƟŽŶ assembly
135
City of San Clemente ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City ŽĨ^ĂŶůĞŵĞŶƚĞDW– June 2025
Diagram 2
Double check detector ďĂĐŬŇŽǁ ƉƌĞǀĞŶƟŽŶ assembly – type II 136
City of San Clemente ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City ŽĨ^ĂŶůĞŵĞŶƚĞDW– June 2025
Diagram 3
Double check valve ďĂĐŬŇŽǁ ƉƌĞǀĞŶƟŽŶ assembly
137
City of San Clemente ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City ŽĨ^ĂŶůĞŵĞŶƚĞDW– June 2025
Diagram 4
Pressure vacuum breaker backsiphonage ƉƌĞǀĞŶƟŽŶ assembly 138
City of San Clemente ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City ŽĨ^ĂŶůĞŵĞŶƚĞDW– June 2025
Diagram 5
Reduced pressure principle ďĂĐŬŇŽǁ ƉƌĞǀĞŶƟŽŶ assembly
139
City of San Clemente ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City ŽĨ^ĂŶůĞŵĞŶƚĞDW– June 2025
Diagram 6
Reduced pressure principle detector ďĂĐŬŇŽǁ ƉƌĞǀĞŶƟŽŶ assembly 140
City of San Clemente ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City ŽĨ^ĂŶůĞŵĞŶƚĞDW– June 2025
Diagram 7
Reduced pressure principle detector ďĂĐŬŇŽǁ ƉƌĞǀĞŶƟŽŶ assembly – Type II 141
City of San Clemente ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City ŽĨ^ĂŶůĞŵĞŶƚĞDW– June 2025
Diagram 8
Spill-resistant pressure vacuum breaker backsiphonage ƉƌĞǀĞŶƟŽŶ assembly 142
City of San Clemente ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ

City ŽĨ^ĂŶůĞŵĞŶƚĞDW– June 2025
Swivel-Ell Design and ŽŶƐƚƌƵĐƟŽŶ Criteria
The criteria below, in conjunction with the swivel-ell diagrams that follow (Diagrams A and B), are minimum acceptable design and construction-related requirements for utilizing a swivelell. For restrictions and allowances for utilizing a swivel-ell, see CCCPH section 3.2.2.

A. Prior to operation of a swivel-ell, the PWS will receive approval for the design and construction plans of that swivel-ell from the State Water Board.

B. The drinking water supply must not, under any circumstances, be directly connected to the recycled water supply, nor be designed such that the recycled water use site could be supplied concurrently by a recycled water supply and a drinking water supply.

C. The drinking water supply line and the recycled water supply line must be offset (see Diagram 9b) in a manner that ensures a tee-connection, spool, or other prefabricated mechanical appurtenance(s) could not be readily utilized in lieu of the swivel-ell connection, nor result in the recycled water use site being supplied concurrently by recycled water and drinking water.

D. The recycled water supply line used in conjunction with the swivel-ell must be the only recycled water supply to the recycled water use area.

E. The swivel-ell must be located as close as practical to the public water system service connection, with the swivel-ell connection being located as close as practical to the RP upstream of the swivel-ell.

F. The swivel-ell must:

1. be located above ground;

2. be color-coded pursuant to section 116815 of the CHSC and its implementing regulations;

3. include appropriate signage, as required by regulation and the State Water Board;

4. be provided the security necessary to prevent interconnections, vandalism, unauthorized entry, etc.; and

5. be provided with meters on both the recycled water service and drinking water service connections.

143
City of San Clemente ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ

City ŽĨ^ĂŶůĞŵĞŶƚĞDW– June 2025
Legend for Diagram 9a and 9b (also see next page)
ZW= ZĞĚƵĐĞĚ pressure principle ďĂĐŬŇŽǁ ƉƌĞǀĞŶƟŽŶ assembly ZtсdĞƌƟĂƌǇ-ƚƌĞĂƚĞĚ ƌĞĐǇĐůĞĚ ǁĂƚĞƌ ŽƌŝŐŝŶĂƟŶŐ from ǁĂƐƚĞǁĂƚĞƌ treatment facility tсƌŝŶŬŝŶŐǁĂƚĞƌŽƌŝŐŝŶĂƟŶŐĨƌŽŵĂƉƵďůŝĐǁĂƚĞƌƐǇƐƚĞŵ W = Water ;ƚĞƌƟĂƌǇ ƌĞĐǇĐůĞĚ ǁĂƚĞƌ or ĚƌŝŶŬŝŶŐ ǁĂƚĞƌͿ to use site. As ƉŝĐƚƵƌĞĚ͕ ĐŽŶĮŐƵƌĞĚĨŽƌƐƵƉƉůĞŵĞŶƚĂůĚƌŝŶŬŝŶŐǁĂƚĞƌƚŽƚŚĞƵƐĞƐŝƚĞ͘ Dс DĞƚĞƌ ;next page)
W
= WůĂŝŶ
ŶĚ ;next page)
GRV = 'ƌŽŽǀĞ;next page)
Wt^ = WƵďůŝĐ Water System ;next page)
Diagram A: Example Swivel-Ell Pictorial (also see Plan View Schematics) Note: The RP, a required component of an acceptable swivel-ell, is not shown in the picture. 144
City of San Clemente ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City ŽĨ^ĂŶůĞŵĞŶƚĞDW– June 2025
Diagram B
Swivel-Ell Typical Plan View ^ĐŚĞŵĂƟĐƐ
;ŶŽƚ ŝŶƚĞŶĚĞĚ to be an ĞǆĂĐƚ portrayal of the pictorial) 145
City of San Clemente ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ

City of San Clemente DW– June 2025
Appendix I
City Records Retention Schedule
146
147
City of San Clemente ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025
Appendix J
Cross-Connection Incident Response Form
148
City of San Clemente ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025

149
City of San Clemente ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025
Appendix K
Standard Specifications
and/or Standard Drawings
150
City of San Clemente ƌŽƐƐŽŶŶĞĐƟŽŶŽŶƚƌŽůDĂŶĂŐĞŵĞŶƚWůĂŶ;DWͿ City of San Clemente DW– June 2025
City of San Clemente
Standard Specifications
and/or Standard Drawings can be viewed at:
https://pacificpipeline.com/wp-content/uploads/2015/05/SANCLEMENTE-WATER-DRAWINGS.pdf 151
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 19, 2025 Agenda Item: 10B.

Submitted By: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks & Recreation Director Subject:
..titl e
UPDATE REGARDING DOG ACCESS ON SAN CLEMENTE MUNICIPAL BEACHES ..body Fiscal Impact:

There are no anticipated direct costs for implementation of the recommended pilot program, howver, environmental review and coordination with the California Coastal Commission will require considerable staff resources and potentially consulting services to assist with preparation of the necessary environmental documents.

Summary:

On January 16, 2024, the City Council directed the Beaches, Parks and Recreation Commission to reconsider options for dog access on City beaches and return with a pilot program recommendation.

On April 9, 2024, the Commission voted 4-3 to recommend a one-year pilot program allowing dogs on-leash during designated morning and evening hours at North Beach (Towers 12–14) and T Street (Towers 7–9). The program would require licensing, waste pickup, and prohibit loitering with dogs, with implementation contingent upon CEQA review and CA Coastal Commission coordination.

Background:

On January 16, 2024, the City Council reviewed the recommendation of the Beaches, Parks and Recreation Commission and directed the Commission to reconsider the proposal, taking into account input from regulatory agencies (e.g., California Coastal Commission) and environmental findings; appropriate locations and times for dog access; and whether dogs should be on-leash or off-leash. Staff was further directed to return with a recommendation for a pilot program that included monitoring and evaluation components.

Commission Review
On April 9, 2024, the Commission reviewed an updated staff analysis and considered several program structures, including a limited-duration pilot to assess feasibility and impacts, the creation of designated dog beach areas with posted rules, seasonal restrictions to balance public use and environmental protection, and the development of educational and outreach materials to promote responsible dog ownership.

The Commission also discussed regulatory considerations such as potential review and permitting requirements from the California Coastal Commission, environmental analysis under the California Environmental Quality Act (CEQA), and strategies to protect the endangered 152
Meeting Date: August 19, 2025 Agenda Item: 10B.

CITY OF SAN CLEMENTE 2
Western Snowy Plover, including maintaining leash requirements and posting interpretive signage.

Commission Recommendation
Following discussion, the BPR Commission voted 4-3 to recommend a one-year pilot program beginning upon an appropriate amendment of the Municipal Code, with the following parameters:
1) Locations:
a) North Beach – Tower 12 to Tower 14
b) T Street – Tower 7 to Tower 9
2) Hours:
a) Memorial Day to Labor Day: Before 8:00 a.m. and after 6:00 p.m. b) Labor Day to Memorial Day: Dawn to 10:00 a.m. and after 4:00 p.m. 3) Rules:
a) Dogs must be on a leash no longer than 6 feet at all times. b) Dogs must be licensed.
c) Owners must pick up and properly dispose of dog waste. d) Loitering with dogs is prohibited.

Commission discussion highlighted concerns regarding enforcement, waste management, signage, dog behavior in the water, and potential conflicts with other beach users, particularly in the T Street area.

Council Options:
 Accept the Commission’s recommended one-year pilot program as proposed as the preferred program and direct staff to begin CEQA review and Coastal Commission coordination.  Define a modified pilot program as the preferred program, adjusting locations, hours, leash requirements, or program duration and direct staff to begin CEQA review and Coastal Commission coordination.
 Direct the Commission and staff to conduct further research and return with additional options.  Take no action, resulting in no changes to existing dog access regulations on City beaches.

Environmental Review/Analysis:

Implementation of the proposed pilot program will require review under the California Environmental Quality Act (CEQA). An Initial Study (“IS”) will need to be prepared to evaluate potential environmental impacts associated with allowing dogs on designated sections of City beaches. Areas of analysis will include, but are not limited to, biological resources, water quality, and recreation. Special consideration will be given to the presence of the Western Snowy Plover, a federally listed threatened and state-listed endangered species that nests along portions of the Southern California coastline. Mitigation strategies may include restricting access to sensitive habitat areas, maintaining leash requirements, and installing interpretive signage to educate the public on species protection.
153
Meeting Date: August 19, 2025 Agenda Item: 10B.

CITY OF SAN CLEMENTE 3
If the IS identifies potentially significant impacts, staff will prepare a Negative Declaration or Mitigated Negative Declaration to outline the project, potential effects, and measures to avoid or reduce impacts or return to the City Council with a recommendation to proceed with an Environmental Impact Report or other environmental documentation.

California Coastal Commission Review/Analysis:

In addition to CEQA review, implementation of the pilot program will likely require coordination with the California Coastal Commission (CCC). While the CCC has not issued a formal opinion regarding expanded dog access on City beaches, precedent from surrounding jurisdictions suggests the program may qualify for review under a Coastal Development Permit (CDP) waiver or be processed through a staff-level review.

Staff will engage with CCC representatives early in the process to determine the appropriate permitting pathway and address any site-specific concerns, such as public access, environmental protection, and user conflicts.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends the City Council review the Beaches, Parks and Recreation Commission’s recommendation for a one-year pilot program allowing limited dog access on designated City beaches, and, if the City Council desires to proceed with that program, direct staff to initiate CEQA review, begin coordination with the California Coastal Commission, and prepare a draft Municipal Code amendment and proper CEQA documentation for City Council consideration. ..end
Attachment:

1. Staff Report – April 9, 2024 Beaches, Parks and Recreation Commission Notification:

None.
154
Recreation Agenda Report

AGENDA REPORT

BEACHES, PARKS & RECREATION COMMISSION
Meeting Date: April 9, 2024
Department: Beaches, Parks & Recreation
Prepared By: Samantha Wylie, Beaches, Parks & Recreation Director Subject: DOG ACCESS ON CITY BEACHES – PILOT PROGRAM
Fiscal Impact: None.

Summary: Staff is requesting comment and/or direction from the Beaches, Parks & Recreation Commission (“Commission”) regarding dog access on city beaches.

Background: At its October 10, 2023 meeting, the BPR Commission considered options to increase dog access to city beaches. Upon discussion, the Commission recommended (3-1) that the Council consider amending the municipal code to allow for dogs on the beach under the following circumstances:
 North Beach only, 6 a.m. to 8 a.m., daily
 Dogs may be off-leash
 Signage must be posted stating that dog owners are responsible for the actions of their dogs, including cleaning up fecal waste
 The recommendation includes access being limited to San Clemente residents  All dogs must be licensed through the Coastal Animal Services Agency (CASA) At its January 16, 2024, meeting, the City Council reviewed the Commission recommendation and directed staff and the Commission to reconsider the format and parameters for allowing dog access and then return to the Council with a recommendation for a pilot program that takes into consideration regulatory input (ie.

Coastal Commission and environmental findings), as well as an evaluation of the best time(s) and location(s) for dog access on the beach(es). The Commission should further consider whether it is appropriate for dogs to be on-leash or off-leash while accessing the beach.

Discussion: The Commission should consider the following options when providing a recommendation to the Council:

Pilot Program: Implement a limited-duration pilot program to assess the feasibility and impact of allowing dogs on designated areas of city beaches. The pilot program would involve monitoring and evaluation to gather data on issues such as waste management, public safety, and community satisfaction.

Designated Dog Beach Areas: Identify specific sections of city beaches where dog access would be permitted while maintaining designated areas for non-dog Agenda Item
Approvals:

Dept. Head
Admin. Asst.

Attachment 1
155
beachgoers. These designated dog beach areas would be clearly marked and accompanied by signage outlining rules and regulations for dog owners.

Seasonal Restrictions: Consider implementing seasonal restrictions on dog access to coincide with peak tourist seasons or sensitive ecological periods. This approach would balance the interests of residents and visitors while minimizing potential conflicts and environmental impacts.

Education and Outreach: Develop comprehensive educational materials and outreach campaigns to inform residents and visitors about responsible dog ownership practices, including leash laws, waste disposal, and beach etiquette. Public awareness efforts would be crucial in promoting positive behavior and minimizing negative impacts associated with dog access on city beaches.

An overview of surrounding agency dog access policies is provided in Attachment 1.

Based on these models and further taking into consideration the citizens of San Clemente usage and beach terrain, staff recommends the Commission consider the following:
o Allow dog access on select City-owned beaches (consider North and South Pier (Tower 3 to Tower 4), and North Beach (Tower 12 to Tower 14)
o Permit dogs on city beaches before 8 a.m. and after 6 p.m. between Memorial Day and Labor Day, and from dawn to 10 a.m. and after 5 p.m. from Labor Day to Memorial Day.
o Dogs must be on a 6’ or shorter leash at all times.
o Dogs must be licensed; owners must pick up waste
o Off-leash dogs are not permitted
o Establish a one-year pilot program from the date of adoption/municipal code amendment
Regulatory Considerations
While the California Coastal Commission (“CCC”) has not provided a formal opinion on the subject, based on the actions and policies in allowing dogs on the beach in surrounding agencies, the CCC will consider allowing it through a staff review/waiver but may require additional permitting.

Environmentally, allowing dogs on the beach would require an Initial Study to be completed under the California Environmental Quality Act (“CEQA”) guidelines. If the initial study identifies potentially significant environmental impacts, staff may prepare a Negative Declaration or a Mitigated Negative Declaration. This document would describe the project, its potential impacts, and any measures proposed to mitigate those impacts.

One area of consideration that will need to be further investigated is the Western Snowy Plover, an endangered nesting shorebird species that is present on the coast.

An important strategy for mitigating impacts on such species is to require that dogs 156
remain on leash at all times and proper interpretative signage is posted to inform the public of the species that may be present.

Recommended
Action: STAFF RECOMMENDS THAT the the Beaches, Parks & Recreation Commission discuss and provide a recommendation to the City Council for a pilot program to allow dog access on San Clemente City beaches, and provide additional guidance on location(s) and operations.

Attachments: 1. Comparable Agency Review
Notification: Interested Parties
157
ATTACHMENT 1
DOG ACCESS – COMPARABLE AGENCY REVIEW
 City of Laguna Beach
o No designated dog beach
o Dogs are allowed on city beaches before 9 a.m. and after 6 p.m. between June 15th – September 10th and during regular beach hours from September 11th – June 14th.
o Dogs must be on a 6’ or shorter leash at all times.
o Owners must clean up waste.
 Capistrano Beach/Hole in the Fence (County of Orange) o Dogs are not permitted June 15 to Sept. 10 between 9 a.m. and 6 p.m.
o Dogs must be on leash at all times
o Dogs are allowed in water
 City of Huntington Beach
o Huntington Dog Beach – designated on-leash dog beach, open daily from 6 a.m. to 10 p.m.
o Dogs must be licensed; owners must pick up waste
o Dogs are allowed in the water.
 San Diego
o Dog Beach (“Ocean Beach”): 24 hr. off-leash
o Fiesta Island - Mission Bay: Dogs are allowed in all areas daily from 6:00 AM to 10:00 p.m., except for the campground and nesting sites (seasonal).
o North Beach Dog Run – Coronado: 24 hr. off-leash
o Dogs must be licensed; owners must pick up waste
o Dogs are allowed in the water.
 City of Del Mar
o South Beach: On-leash only (6-foot), year-round
o Main Beach: On-leash (6-foot), Labor Day through June 15th; Offleash, allowed from 25th to 29th street from dawn to 8:00 am; No dogs are allowed June 16th through Labor Day.
o North Beach: Off-leash dogs all day from the day after Labor Day through June 15th, and from dawn until 8:00 am June 16th through Labor Day. Dogs must be leashed from 8:00 a.m. until dawn June 16th through Labor Day.
o Dogs must be licensed; owners must pick up waste
o Dogs are allowed in the water in designated areas.
 City of Newport Beach
o Dogs are not allowed between 10 a.m. and 4:30 p.m.
o Before 10 a.m. and after 4:30 p.m., dogs are allowed, if they are securely restrained by a substantial leash or chain not exceeding 158
six feet in length and controlled by a person who is competent to restrain the dog.
o Off-leash dogs are never allowed
 Cardiff State Beach
o Dogs are permitted on Cardiff State Beach.
o All dogs must be on a 6’ leash and under the owner's control at all times.
 Dogs are NOT allowed on beaches in the following cities:
o Oceanside
o Carlsbad
o Seal Beach
o Encinitas
159
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 19, 2025 Agenda Item: 10C.

Submitted By: City Manager
Prepared By: Andy Hall, City Manager
Subject:
..titl e

CONSIDERATION OF A RESOLUTION IN SUPPORT OF USA SURFING BEING DESIGNATED AS THE GOVERNING BODY FOR SURFING FOR THE 2028 OLYMPIC GAMES ..body Fiscal Impact:

None.

Summary:

The greater Los Angeles area will host the 2028 Olympic Games and it has been determined that the surfing events will be conducted at Lower Trestles. The City of San Clemente is the closest city to the venue and has been identified as the Host City for the 2028 Olympic Surfing competition. As the games approach, it will be critical to work closely with the Governing Body to ensure that the City is aware of the public safety, logistics and other preparations, as well as the unique opportunities arising from hosting an international sporting event. USA Surfing is seeking to be certified as the Governing Body and has learned that the U.S. Ski & Snowboard Association is also interested in the designation as the Governing Body.

If adopted, Resolution No. 25-114 would demonstrate the support of the San Clemente City Council for designation of USA Surfing as the Governing Body for the surfing competition of the 2028 Olympic Games.

Background:

San Clemente is fortunate to be the recognized home of American surfing. Not only did the Olympic Committee chose our community to host the surfing competition for the 2028 Olympic Games and numerous world championships have been held in our backyard, but the City is also home to USA Surfing. USA Surfing is dedicated to the betterment of surfing in the United States and has been an important element in developing talent. It is anticipated that each member of the U.S. Olympic Surf Team will have received assistance from USA Surfing.

In recent weeks, it was learned that the United States Olympic and Para-Olympic Committee (USOPC) is considering the application of the U.S. Ski & Snowboard Association proposal to be certified as the Governing Body for the U.S. Olympic Surf Team. Upon learning of this situation, the City Council directed staff to prepare a resolution in support of USA Surfing as the Governing Body for the U.S. Surf Team.

USA Surfing is headquartered in San Clemente, where athletes train daily at Lower Trestles. The USA Surfing National Championships are held at Lowers and produce Olympians, World Surf 160
Meeting Date: August 19, 2025 Agenda Item: 10C.

CITY OF SAN CLEMENTE 2
League Championship Tour stars, and International Surfing Association medalists across all disciplines.

USA Surfing’s application to be the Governing Body for Olympic surfing has the support of:
 Surfing’s highest-level organizations including:
o International Surfing Association (ISA)
o World Surf League (WSL)
o U.S. Boardriders Clubs
o Surf Industry Members Association (SIMA)
 2021 and 2024 Olympic surfers
 WSL Rookies of the Year Sawyer Lindblad and Crosby Colapinto  ISA World Championship Medalists in longboard, SUP, and para surfing In addition to the obvious benefits of having a local, surf-oriented organization serve as the Governing Body, there is federal legislation that supports the City’s position. The Ted Stevens Olympic and Amateur Sports Act (Act) clearly states that to be recognized as a National Governing Body (NGB), an organization must be a member of the International Federation governing the sport. In surfing’s case, that is the International Surfing Association (ISA), which has unequivocally recognized USA Surfing as the national federation for surfing for approximately four decades.

The Act also indicates that the Governing Body should not serve more than one sport. The U.S.

Ski & Snowboard is already a member of FIS (the International Ski and Snowboard Association), not ISA. If the USOPC ignores or circumvents this requirement, a dangerous precedent could be set and could lead to exploitation of surfers for commercial gain.

USA Surfing reports that the U.S. Ski and Snowboard Association presented a proposal to allow USA Surfing to "retain its brand" as a concession, but the brand would be barred from Olympic commercial use, athlete selection, and representation on the world’s largest stage. It also offered no revenue-sharing, no decision-making power, and no enforceable commitments to athlete development, community engagement, or the San Clemente region.

Conversely, USA Surfing has new leadership and has earned the trust of the surf community with its athlete-centered performance. The ISA, the WSL, the athletes themselves, and the most respected, credible voices in surfing’s competitive structure are aligned behind USA Surfing to be the Governing Body for U.S. Olympic surfing in LA28 and beyond.

Resolution No. 25-114 is intended to express the support of the San Clemente City Council for USA Surfing to be selected as the Governing Body of the U.S. Olympic Surf Team for the 2028 Olympic Games and in the future.

Council Options:
 Adopt Resolution No. 25-114 in support of USA Surfing to be selected as the Governing Body of the U.S. Olympic Surf Team for the 2028 Olympic Games and in the future  Continue the Item and request additional information from staff 161
Meeting Date: August 19, 2025 Agenda Item: 10C.

CITY OF SAN CLEMENTE 3
 Reject Resolution No. 25-114
Environmental Review/Analysis:

This is not a project as defined by the California Environmental Quality Act (CEQA).

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends adoption of Resolution No. 25-114 entitled A RESOLUTION OF THE CITY

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

APPLICATION OF USA SURFING TO BE SELECTED AS THE GOVERNING BODY FOR THE U.S. SURF TEAM FOR THE 2028 OLYMPICS AND FUTURE EVENTS. ..end
Attachment:

1. Resolution No. 25-114
Notification:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, SUPPORTING THE

APPLICATION OF USA SURFING TO BE SELECTED AS THE
GOVERNING BODY FOR THE U.S. SURF TEAM FOR THE
2028 OLYMPICS AND FUTURE EVENTS
WHEREAS, the City of San Clemente, and specifically Lower Trestles Beach in the San Onofre State Park, has been selected to host the surfing competition for the 2028 Summer Olympic Games; and
WHEREAS, each Olympic sport is represented by a Governing Body that can promote, enhance, and support the sport, athletes, competitive fairness, and other elements of each event; and
WHEREAS, USA Surfing has applied to be certified by the United State Olympic and Para-Olympic Governing Body for the United States Surf Team; and WHEREAS, USA Surfing is headquartered in San Clemente where many Olympic surfers live and train, and can provide assistance, develop talent, and in all ways further the goal of developing talent for current and future surfers including the 2028 Summer Olympic Games; and
WHEREAS, Surfing, like all Olympic sports, should be governed by an entity that is singularly focused on the betterment of the sport, understands every aspect of the sport, and provides the best opportunity for success (in all its forms) of the athletes.

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

SECTION 1. The San Clemente City Council finds that the recitals included above are true and fully incorporated into the Resolution.

SECTION 2. USA Surfing is headquartered in San Clemente, California, where world class athletes, including Olympic athletes, train daily at Lower Trestles. The USA Surfing National Championships that produce Olympic athletes, WSL Championship Tour stars, and ISA medalists across all disciplines are examples of the success of USA Surfing in the San Clemente region.

SECTION 3. USA Surfing’s application to be the Governing Body for U.S. Olympic surfing has the support of the organizations recognized in the sport of surfing including:
 Surfing’s highest-level organizations:
o International Surfing Association (ISA)
o World Surf League (WSL)
o US Boardriders Clubs, and Surf Industry Members Association (SIMA) 163
Resolution No. 25-114 Page 2
 2021 and 2024 Olympic surfers
 WSL Rookies of the Year Sawyer Lindblad and Crosby Colapinto  ISA World Championship Medalists in longboard, SUP, and para surfing; SECTION 4. The Ted Stevens Olympic and Amateur Sports Act indicates that to be recognized as a National Governing Body, an organization must be a member of the International Federation governing the sport. In surfing, that is the International Surfing Association (ISA), which has recognized USA Surfing as the governing body for surfing for approximately four decades.

SECTION 5. The U.S. Ski & Snowboard Association has expressed interest in becoming the Governing Body for Olympic surfing. U.S. Ski & Snowboard is already a member of FIS (the International Ski and Snowboard Association), not ISA and has no relationship to surfing. Such a selection could result in exploitation of top surfers for their own commercial gain. The U.S. Ski and Snowboard Association presented a proposal to allow USA Surfing to "retain its brand" as a concession, but the brand would be barred from Olympic commercial use, athlete selection, and representation on the world’s largest stage. It offers no revenue-sharing, no decision-making power, and no enforceable commitments to athlete development, community engagement, or the San Clemente region.

SECTION 6. USA Surfing has developed new leadership and earned the trust of the surfing community through athlete-centered performance and an inclusive approach. The ISA, the WSL, athletes themselves, and the most respected, credible voices in surfing’s competitive structure are aligned behind USA Surfing to be the Governing Body for Olympic surfing in LA28 and beyond.

SECTION 7. The City Council of San Clemente, California respectfully requests consideration of the United States Olympic and Para-Olympic Committee to select USA Surfing as the Governing Body for the U.S. Olympic Surf Team. It is further requested that all provisions of the Ted Stevens Act be followed.

SECTION 8. The City Council hereby directs staff to provide a copy of this Resolution to the following:

Team USA Athletes’ Commission
National Governing Body Certification Review Group
USOPC National Governing Body Oversight Council
USOPC Board of Directors
International Surfing Association (ISA)
LA28 Organizing Committee
California Congressional Delegation (Rep. Levin, Sens. Schiff and Padilla) SECTION 9. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. 164
Resolution No. 25-114 Page 3
PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 165
Resolution No. 25-114 Page 4

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, Laura Campagnolo, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-114 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:

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: August 19, 2025 Agenda Item: 10D.

Submitted By: Finance and Administrative Services
Prepared By: Brian Brower Administrative Officer
Matthew Schmelzel, Senior Management Analyst
Subject:
..titl e

CONSIDERATION OF A RESOLUTION DECLARING SURPLUS AND APPROVING DISPOSITION OF RETIRED FLEET EQUIPMENT & VEHICLES, IMPLEMENTING AN INHOUSE VEHICLE AUCTION PROGRAM FOR SELECT VEHICLES, AND AWARDING A CONTRACT FOR PROFESSIONAL AUCTION SERVICES TO JJ KANE ASSOCIATES, INC. ..body
Fiscal Impact:

The fiscal impact will be dependent upon competitively bid prices for surplus inventory. The net proceeds from the auction of surplus equipment and vehicles will be placed into the Fleet Maintenance Fund in revenue account number 065-000-39110.

Summary:

The City Council is being asked to consider a resolution declaring the City-owned vehicle inventory listed in Exhibit A as surplus and approving disposition of twenty-two retired fleet vehicles, implementing an in-house City vehicle auction program to improve the opportunity for local residents to bid on select surplus vehicles, awarding a contract for auction services to JJ Kane Associates, Inc. and authorizing the services of JJ Kane for the disposal of surplus equipment and vehicles that are not sold through the in-house program.

Background:

At the April 1, 2025 City Council meeting, the City Council directed staff to provide greater opportunity for local residents to purchase surplus vehicles and equipment sold through a competitive auction process in accordance with City Policy 201-2-4. Staff has researched several potential options for vehicle disposal, including live, in-person local auctions, online auction platforms, and full-service auction providers. Each of these options have advantages and disadvantages, which are summarized below:

In-person Local Auction
A live, in-person local auction would increase accessibility for resident participation. However, in consulting with a local professional auctioneer with extensive industry experience to evaluate the feasibility of hosting an onsite auction, staff learned that this option would require greater administrative costs, increased liability and security concerns. In addition, even with online advertisement of the auction, the City would likely reach a smaller audience, resulting in less competition and would therefore expect to earn less revenue through the process. 167
Meeting Date: August 19, 2025 Agenda Item: 10D.

CITY OF SAN CLEMENTE 2
Online Auction Platform (Staff-managed)
Utilization of an established online auction platform, to support in-house auction services managed by City staff would provide greater control and ability to host the auction locally. City staff would have the ability to engage residents by actively advertising on the City’s website and social media platforms, while also reaching a broader market through a nationwide online auction service. Performing the auction online would give the City the ability to allow limited local public access to the inventory, mitigating some of the security and liability issues associated with a large scale in-person auction.

Based on input from the CJPIA and Transdev (City’s Fleet Contractor) the City must consider additional recurring activities that would require a combination of City staff and contracted fleet service providers’ efforts including creating and managing each online vehicle listing, providing supervised public viewing of the vehicles, collecting payment, transferring title, coordinating vehicle pickup, etc.

The option would also require additional services with the City’s contractual fleet maintenance provider to perform the following:
 Pre-Inspection - Check VIN, mileage, condition, take photos for listing  Safety Inspection - Ensure Vehicle Safety (brakes, tires, horn, seatbelts. etc.)  Vehicle Cleaning – Minimal washing
 Minor Repairs - Replace bulbs, top off fluid, replace wipers  Decommissioning - Removal of decals and equipment
 Smog Check – Transport, test, and related fees
The cost associated with the above-mentioned tasks are estimated at $500 per vehicle.

Full-service Auction Provider
Full-service auction providers typically take vehicles as-is and perform all required administrative and mechanical work to complete the sale. While some of these services provide an online bidding platform, which can be accessed by local residents, they are generally designed for large, collective, offsite auctions and their business model limits onsite auction services to land and large equipment. While these services provide professional management, cost efficiency and industry expertise, their business model emphasizes economies of scale by pooling resources and administrative functions for multiple sellers reducing service costs. Industry trends favor the use of third-party auction services, noting that most agencies in California use full-service or municipal auction services supported by an online platform. These services are designed to streamline the sale process and reduce costs.

Proposed Hybrid Solution
Staff has evaluated the various auction service models to facilitate hosting a local auction. After reviewing the City’s current accumulated inventory, marketability, public accessibility, and auction methods available, staff recommends that the City use a hybrid approach, involving an in-house, staff-managed online auction on an established platform for a subset of the vehicles that have a high estimated value, or are deemed desirable due to low mileage or their overall good condition.

For vehicles not being sold through the staff-managed auction, staff recommends that the City 168
Meeting Date: August 19, 2025 Agenda Item: 10D.

CITY OF SAN CLEMENTE 3
engage a full-service auction company. This approach would balance the cost of staff and contractor resources with the desire for greater local participation.

To this end, staff recommends developing an internally managed municipal auction service program, where staff would auction a limited quantity of turn key and safe vehicles intended for private consumers where vehicles can be hosted locally at a City facility, using an online platform, to mitigate risk and administrative resources. Staff has reviewed the current surplus list, with input from the City’s fleet maintenance provider, and has identified six units that are feasible for surplus using the municipal auction method (see Attachment 1, Exhibit A). These vehicles will require minimal service for marketability to local residents and are recommended to be auctioned using an online platform such as at no service cost to the City.

For the sale of the remaining vehicle inventory not being sold through the staff-managed auction, staff recommends that a full-service auction company be engaged.

In compliance with the City’s Procurement Policy, staff verbally solicited auction-service proposals and evaluated those received from JJ Kane Associates Inc, Western Construction Auctions Inc., GovDeals and Municibid, each offering diverse methodologies for auction services.

Staff was unable to locate a local vendor currently providing these services. In consideration of the comprehensive array of auction services provided, and competitive pricing, staff recommends awarding professional auction contract services to JJ Kane Associates, Inc. JJ Kane Associates provides a full-service national platform for government fleets, offering a custom online landing page to host the City’s items for a seller commission rate of 2.5%, which is the lowest of the fullservice proposals received and is fair and reasonable. Public participation is offered to the buyer with options to bid online, or in-person electronically, at an auctioning facility located within a onehour drive from San Clemente.

In both cases, staff will post and publicize auction information to notify interested residents. In the future, staff will proactively leverage the in-house online option as vehicles become available, without allowing a large number of vehicles to accumulate and potentially become non-operable.

Regardless of the option selected, all proceeds from the sale of surplus equipment and vehicles will be placed in the Fleet Replacement Reserve to offset unforeseen or excess fleet replacement costs.

Council Options:
 Adopt Resolution No. 25-115, authorizing staff to develop a staff-managed municipal auction program to promote resident participation and access, declaring the vehicles and equipment listed on Exhibit A surplus, awarding a professional service agreement for auction services to JJ Kane Associates, Inc. in an amount not to exceed $75,000, and authorizing disposition using a combination of staff-managed and third-party auction services.  Modify and adopt Resolution No. 25-115.
 Continue the item and direct staff to provide additional information.  Deny the request to adopt Resolution No. 25-115.
169
Meeting Date: August 19, 2025 Agenda Item: 10D.

CITY OF SAN CLEMENTE 4
Environmental Review/Analysis:

This is not a “project” as defined by the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation ..recommendation
..recommendation
Adopt Resolution No 25-115, which would:

1. Authorize staff to develop a staff-managed municipal auction program to promote resident participation and access to purchase surplus vehicles; and

2. Declare the vehicles and equipment listed on Attachment No. 1- Exhibit A surplus; and

3. Award a five-year contract to JJ Kane Associates, Inc., for Auction Services in an amount not to exceed $75,000 and authorize the City Manager to execute the agreement and exercise additional 1-year renewal options based on performance; and

4. Authorize the disposition of surplus property using combination of City staff-managed and third-party auction services pursuant to Policy No. 201-2-4. ..end
Attachment:

1. Resolution No. 25-115
Exhibit A - List of Surplus Equipment and Vehicles (Attached to Resolution)

2. JJ Kane Associates, Inc. Professional Services Agreement Notification:

None.
170
Attachment 1
RESOLUTION NO. 25-115

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, DECLARING SURPLUS

AND APPROVING DISPOSITION OF RETIRED FLEET
EQUIPMENT & VEHICLES, IMPLEMENTING A STAFFMANAGED MUNICIPAL AUCTION PROGRAM FOR SELECT

VEHICLES, AND AWARDING A CONTRACT FOR AUCTION
SERVICES TO JJ KANE ASSOCIATES, INC.

WHEREAS, in the process of replacing aging fleet inventory, the City has accumulated a number of retired fleet vehicles and equipment that is no longer needed for City purposes; and
WHEREAS, there is a need to remove retired vehicles from City property; and WHEREAS, at the April 1, 2025 City Council meeting, Council directed staff to provide greater opportunity for local residents to purchase surplus vehicles and equipment that are sold through a competitive auction process in accordance with Policy 201-2-4; and WHEREAS, staff researched potential auction service options and solicited verbal proposals in compliance with the City’s Procurement Policy; and WHEREAS, staff reviewed proposals from JJ Kane Associates, Inc., Western Construction Auctions Inc., GovDeals and Municibid; and WHEREAS, staff evaluated the solicitation results, operational cost and feasibility of each potential auction service option and determined a hybrid auction service model utilizing both a staff-managed municipal auction program and full-service auction company is in the best interest of the City; and
WHEREAS, JJ Kane Associates, Inc., are qualified to perform full-service auctions, have fair and reasonable fees, and ranked highest with the most competitive all-inclusive service and pricing that align with project objectives.

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

SECTION 1. That the above recitals are true and correct and incorporated fully herein as findings.

SECTION 2. That the City Council hereby authorizes and directs staff to develop a staff-managed municipal auction program for select surplus vehicles and equipment to promote resident access and participation utilizing an online auction platform.

SECTION 3. That a five-year Professional Services Agreement is hereby awarded to JJ Kane Associates, Inc., for the auctioning of select surplus vehicles and equipment. 171
Resolution No. 25-115 Page 2
SECTION 4. That the City Manager is authorized and directed to execute a Professional Consultant Services Agreement with JJ Kane Associates, Inc., for auction services in an amount not to exceed $75,000 at the commission rates and services fees referenced in Exhibit D of the agreement, for a term of five (5) years with five (5) additional optional one-year extensions exercisable in the City Manager’s discretion in a form substantially similar to that presented to the City Council on August 19, 2025.

SECTION 5. That the City Council hereby declares that the property listed on Exhibit A hereto, which is fully incorporated herein, is surplus property.

SECTION 6. That the City Council hereby authorizes and directs staff to dispose of the surplus property listed in Exhibit A pursuant to Policy No. 201-2-4 utilizing the services of JJ Kane Associates, Inc., and the staff-managed municipal auction program.

SECTION 7. That the City Council hereby authorizes and directs staff to execute such documents and take such other and further actions as are necessary and proper to accomplish the purposes of this resolution.

SECTION 8. 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 ____________________, _______.

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-115 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
173
Exhibit A
Unit Year Make Model Mileage Notes
*1157 2013 Ford Focus 44,397 Good Condition
1175 2015 Ford F350 Utility 118,476
*1174 2015 Ford F350 Utility 38,700 Low Miles
1156 2013 Ford F350 Utility 53,715
1090 2008 Ford F350 Utility 58,956
1088 2008 Ford F450 Flat Bed W/ exciser equipment 66,932 1130 2010 Ford F350 Utility 77,095 LIFT GATE LEAKING
1121 2010 Ford F350 Utility 64,370 CATALYTIC ISSUE
1071 2007 Ford F150 68,417
*1133 2010 Ford F350 Utility 88,919 Good Condition
1103 2008 Chevrolet W4500 Utility 86,327
1102 2008 Ford F250 Utility 77,270
1155 2013 Ford F350 Utility 78,868
1146 2012 Ford F350 Utility 88,787
1173 2015 Ford F350 Utility 102,399
1136 2011 Ford F350 Utility 62,424 AC ISSUES
*1129 2010 Ford F150 46,070 Good Condition
*1172 2014 Ford F450 Truck 28,175 Good Condition
2010 2005 Chevrolet Astro Van 33,806 Low Miles
2072 2003 GMC Safari Van 43,290
1134 2011 Kenworth Vactor 92,000 Transmission Issue
*1075 2007 Ford Focus 35,000 Low Miles
*Recommended for Local Sale through Municipal Auction Program Surplus Vehicles & Equipment
August 2025
174

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 20___, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio, San Clemente, California, 92673 ("City") and JJ KANE ASSOCIATES, INC., an ALABAMA CORPORATION, with its principal place of business at 33 INVERNESS CENTER PARKWAY, BIRMINGHAM, AL, 35242 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

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

2.2 Project.

City desires to engage Consultant to render such professional AUCTION consulting services as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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 the COMMENCEMENT DATE to JUNE 30, 2030 or completed to the City’s satisfaction, unless earlier terminated as provided herein. The City Manager or his or her designee shall have the unilateral option, at his/her sole discretion, to renew this Agreement for no more than FIVE (5) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Attachment 2
175
Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control, the City being only concerned with the finished results of the work being performed. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be solely responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Neither Consultant nor Consultant's employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, retirement benefits, workers’ compensation benefits, injury leave or other leave benefits. Consultant is solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.

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

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

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

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

3.2.6 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence 176
upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows:

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

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

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

Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.11 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all 177
notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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

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

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference without prior written approval of the City Council or City Manager as applicable. Extra Work may be previously authorized in writing, as described below, and if so authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Within 14 days of auction sale, Consultant shall submit to City the net proceeds from auction items sold at auction, less Consultant’s applicable commission and expenses as set forth in Exhibit “D” of this Agreement. Payment shall be made by the Consultant via ACH/electronic transfer or a check made payable to the City. Consultant shall provide seller reports and close-out documents to the City which indicates item description, sale date, sale price, net price due to the City less Consultant’s commission, and final payment including all taxes and fees. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within sixty (60) days of receipt of an invoice of any disputed fees set forth therein.

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

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without prior written authorization from the City. 178

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section

3.1.2, the rate set forth in Exhibit “D” may be adjusted each year at the time of renewal as set forth in Exhibit “D.”

3.3.6 Labor Code Requirements.

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

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

3.4 Accounting Records.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 179

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

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

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

Consultant: JJ KANE ASSOCIATES INC.
33 INVERNESS CENTER PARKWAY
BIRMINGHAM, ALABAMA, 35242
ATTN: GENE GOVOREAU
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Laura Campagnolo, City Clerk and Brian Brower, Chief Administrative Officer
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the 180
performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

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

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

3.5.6 Indemnification.

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

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

3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties 181
with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

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

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

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

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

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

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

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

3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

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

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

3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to 182
rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

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

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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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: _________________________
____________________________
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

JJ KANES ASSOCIATES, INC.
an ALABAMA corporation
(“CONSULTANT”)
By:_____________________________
Rod McDowel, Area Sales Manager, West
Dated: _________________________
By:_____________________________
Gene Govoreau, Senior Sales Manager
Dated: _________________________
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EXHIBIT "A"

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

The City at its sole discretion shall request from the Consultant vehicle and equipment professional auction services. Consultant will offer a full turnkey solution handling all aspects of the auction listing and sale process. Consultant process typically follows the following format:

Consign: The City will inform the consultants Account Manager that surplus items are ready for auction. Consultant coordinates transportation of items to the local Consultant’s Auction Site in Jurupa Valley, CA, or the City can drop items off at the Auction Site. If desired, all auction services can be conducted from the City’s location(s) to save time and money on transportation.

Transport Items: Consultant understands that the City may not have space to store vehicles and other large equipment once they have been deemed ready for sale; therefore, Consultant offers the option to move these items to one of Consultants many holding yards. The closest site to San Clemente is in Jurupa Valley. Consultant has an extensive fleet of trucks and trailers to service all City’s transportation needs:
• 5 semi-trucks
• 4 low-beds
• 2 car-carriers
• 2 24-foot stake bed trucks
Consultant’s locations are available Monday through Friday from 8:00 AM until 4:00 PM. Potential bidders can view items at these locations prior to auction close. This option offers the best features of both in-person and online auctions.

Consultant is committed to providing physical site security, with the goal of keeping City’s equipment safe throughout the auction process and selling in the same condition it was in when received. At the Jurupa Valley Premier Auction Site, Consultant will implement the following security measures:
• Well-lit yard
• 24-hour security cameras
• 8' block wall and chain link fence around usable perimeter • Locked gate access
• Fully staffed during business hours
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Strategize: Consultant will create a comprehensive consignment strategy that best fits the City’s item(s). Consultants full-service, turnkey online auction approach is the preferred method of cataloging City’s items. Consultants nationwide account managers and operations team will handle all aspects of the listing and sale process. Consultant will take photographs and videos, inspect items, and create item descriptions for auction at no additional cost. This service can be done at a consultant’s holding yard or at the City’s location. Every item that is listed online for auction has conditions noted and pictures posted (vehicles and equipment have a minimum of 20 pictures each).

Marketing: Consultant will provide a modern marketing strategy for each specific auction, based on the inventory and location of the assets. Digital advertising is a core component. Consultant shall be certified by Google in Google Analytics to help ensure effectiveness at conducting, monitoring, and evaluating digital advertising campaigns. Consultant will also focus on identifying new and emerging online advertising channels and techniques to remain on the cutting edge of modern marketing. Consultant will make best efforts to provide the City access to a large pool of buyers, from coast to coast, and constantly improve ability to connect City with more new buyers.

Facets of overall advertising include:
• Digital advertising Consultant will leverage listings on own website as well as many other third-party sites. Auction inventory will appear across a wide range of used vehicle and equipment websites such as:
▪ Commercial Truck Trader
▪ Construction Equipment Guide
▪ Equipment Trader Online
▪ Machinio
▪ Feature equipment in monthly Construction Equipment Guide newsletter • Custom Landing Page. Consultant will create a custom landing page to host only the City’s items. This landing page can be shared on Cities website and social media channels (Facebook, Instagram, LinkedIn, Twitter) for extra promotion of City items to potential buyers.
• SEM (Search Engine Marketing) is a pay-per-click format, (ex. Google AdWords) where specific assets (ex. Used Bucket Truck for Sale) and combinations of words work to attract buyers to find consultants sales via web searches. • SEO (Search Engine Optimization) is where a website’s content is presented in a way to organically improve search results. Consultant’s auctions will frequently appear in results when internet shoppers use search engines looking for items similar to those being sold in nearby consultant’s auctions. Many of Consultant’s marketing and information technology team members were formally trained by the nation’s leading SEO education agency.
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• Email / MMS (Multimedia Messaging Service) marketing is strategically employed to connect specific groups of buyers with items relevant to their needs.

Consultant will communicate with database of over 100,000 opted-in contacts through promotional emails. Segmented emails promote inventory-specific assets to past consumers, utility equipment buyers, and to buyers of construction & specialty equipment. Sending tailored content will result in increased attendance and repeat business. Consultant will show buyers the precise kinds of inventory that interests them. Consultant’s emails are mobile-responsive, which means they look great on both desktop computers as well as mobile devices.
• Social Media (Facebook, LinkedIn, Instagram, and YouTube) is a critical marketing and communication tool. Consultant will aggressively leverage these channels to connect with buyers who want what our consignors are selling.

Consultant will run Facebook and Instagram advertisements before every auction using look-a-like audiences based on the top 1% of website traffic and previous ad clicks. Consultant will also feature products and auctions in our daily organic social media posts. Consultant greatly values and emphasizes Social Media presence
▪ 279,000+ likes on Facebook (JJ Kane)
▪ 338,000+ likes on Facebook (Altec)
▪ 1,700+ followers on LinkedIn (JJ Kane)
▪ 37,000+ followers on LinkedIn (Altec)
Auction: Items are viewable up to four weeks before the auction opens, and bidding is open for seven days. This allows maximum exposure of all items. Consultants’ absolute auctions include “bid extensions” which extends bidding when bids are made in the last 90 seconds.

This allows potential bidders to have sufficient time to bid on all desired items and ensures bidding does not end when interested bidders are still placing bids. While auction is open, the City can monitor progress of its items live at https://www.jjkane.com/.

Consultant holds at least one auction every week. Consultant has an auction schedule that follows a basic pattern of regional-based sales. Consultant recommends the City’s items be included in the two Jurupa Valley Auctions occurring on the 1st Tuesday and 2nd Thursday of every month. This auction pattern is beneficial to consignors since it attracts a large amount of auction activity to a specific event, leading to increased bidding and high net returns. Consultant auction schedule is as follows:

Central Region: 1st Tuesday/Wednesday of the month
Jurupa Valley / California Miscellaneous Items: 1st Tuesday of the month Northeast Region: 2nd Tuesday/Wednesday of the month
Jurupa Valley / Southern California Auction: 2nd Thursday of the month Western Region: 3rd Tuesday/Wednesday of the month
Southeast Region: 4th Tuesday/Wednesday of the month
Northern California Auction: 4th Thursday of the month
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Sell: Consultant coordinates payment from winning bidder(s). Payments from Winning Bidder must be made electronically within 3 business days via credit card / p-card & wire transfers, financing via Altec Capital, or by check. All major credit cards are accepted, up to a $10,000 maximum charge per customer per sale. If applicable, Consultant will also remit all taxes to the appropriate taxing authorities including but not limited to sales/use tax.

Title Transfers: Consultant will work with the City to obtain all necessary titles for applicable assets prior to said assets being sold. Consultant has multiple full-time notaries on staff to facilitate and handle all paperwork regarding the transference of titles on behalf of the City in accordance with applicable law.

Buyer Pick-up: Buyers are required to pay for items before pick-up and must bring a “paid in full” receipt with them when picking up purchases. Consultant will coordinate all Buyer pick-ups.

Reporting: After Auction, Consultant will provide all necessary reports and legal documentation. Consultant will provide seller reports and close-out documents to the City via email; these reports are also available 24/7 through our Customer Portal and do not expire. Typical information provided includes:
• Description of item auctioned, including year, make, model number conditions, etc. • Date of Sale
• Sale Price
• Net price due to City less auctioneers commission dollar amount • Final payout including all taxes and fees
Consultants’ exclusive Customer Portal will give City visibility of all assets listed which will provide the City with a dashboard showing an overview of items, as well as details about how many items are upcoming for sale, historical data of sales, and upcoming auctions that the City is participating in. All historical sales data can be accessed and downloaded into PDF or Excel formats with Consultant’s customer portal, detailed data of your items are at your fingertips.

Payment: Within 14 days, consultants will remit to the City the net proceeds from Auction Items sold at auction, less Auctioneer’s applicable commission and any expenses.

Payment shall be made by Auctioneer via ACH/electronic transfer or by a check made payable to Seller. Payments may be made to multiple accounts if needed. 188
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EXHIBIT "B"

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

INSURANCE REQUIREMENTS

3.2.12 Insurance.

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

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. (E) Cyber Liability Insurance with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, 190
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business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

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

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

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

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

3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other 191
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insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

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

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

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

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

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

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
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3.2.12.13 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

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

COMPENSATION
In full compensation for the Services rendered by the Consultant under the Agreement, the City shall pay the Consultant for actual work performed at the following rates:
• Auction Commission Fee to Seller for Vehicle & Heavy Equipment Items: 2.5% • Auction Commission Fee to Seller for Palletize & Miscellaneous Items: 15% • Buyer Premium Fee (Paid by Winning Buyer): 15%
Value-Added Services Total Cost
Pick-up and Loading Equipment Included in Transportation Costs Transportation (Under 1 Ton) $85
Transportation (Over 1 Ton) $155
Storage Fees No Charge to Seller
State of CA Safety Inspections No Charge to Seller
Safety / Service Repairs Cost of Service + 10%
Administrative Fee
Smog Checks No Charge to Seller
Drive Cycle $65 – On Approval Only
Decommissioning Services $65 – On Approval Only
Title Transfer Fees No Charge to Seller
Exempt Plates: Processing “E” Plates No Charge to Seller CARB Administrative Fee No Charge to Seller
Duplicate Title Fee Cost of Service + 10%
Administrative Fee
KSR Report $10
No Sale Items No Charge – Item stored & placed in next
auction
Advertising and Marketing No Charge to Seller
Maximum compensation under this Agreement shall not exceed the rates set forth hereto without the City’s prior written approval. There are no reimbursable expenses under this Agreement.
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WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKED)
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.

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

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

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION COVERAGE IS

UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION

TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.

Dated: _______________________________
________________________________
(“CONSULTANT”)
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
195
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 19, 2025 Agenda Item: 10E.

Submitted By: Community Development
Prepared By: Adam Atamian, Community Development Director Subject:
..titl e

WILDFIRE PREVENTION PROGRAM - UPDATE ON CURRENT ACTIVITIES, AND PROPOSED EXTENSION OF THE CITY’S PILOT GOAT-GRAZING PROJECT, AND EXPANSION OF THE

WEED ABATEMENT PROGRAM, INCLUDING A REQUEST TO AWARD A NEW PROFESSIONAL SERVICES CONTRACT TO E. STEWART AND ASSOCIATES, INC. FOR

WEED ABATEMENT SERVICES, RELATED SUPPLEMENTAL APPROPRIATIONS AND MAKING ..body FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Fiscal Impact:

Staff is requesting City Council consideration of three distinct items, each with fiscal impacts. The first consideration is a request to consider a supplemental appropriation not to exceed $100,000, in account number 001-452-43890, to extend the Pilot Goat-Grazing Project until March 31, 2026.

The second consideration is a request to confirm the City’s commitment of a 25% match for a Hazard Mitigation Grant Program application, which staff is currently developing. The entire grant amount being sought is $8,550,000, of which the local match of 25% would be up to $2,137,500.

Much of the 25% match is anticipated to be covered through in-kind contributions of labor and services, contributions from private property owners such as HOAs for the aspects of the project occurring on privately-owned open space, volunteer labor, potentially other state and county grant sources, and with additional funds being required from the City's General Fund.

The third consideration is a request to appropriate additional funds for the City’s existing Weed Abatement Program. Currently, $160,000 is provided in the General Fund for the FY 2026 Weed Abatement Program (Program 452). $135,900 of that amount is dedicated for weed abatement services, including abatement of private and public properties, and the remaining $24,100 is for additional areas of Orange County Fire Authority (OCFA)-recommended defensible-space clearance services. Due to the rising costs of vegetation management, the community’s heightened focus on fire safety, and the recent expansion of the City’s designated Fire Hazard Severity Zones, staff is requesting to increase the total cost of the program by $96,060, for a total program cost of $256,060. This results in a total cost of $181,060 for weed abatement services for private and public properties, and $75,000 for additional areas of OCFA-recommended defensible-space clearance services. The breakdown of the total supplemental appropriation of $96,060 that is requested is $45,160 in 001-452-43470 and $50,900 in 001-452-43890.

Summary:

The City is working to strengthen its wildfire preparedness through strategic planning and community engagement. Staff has submitted a $250,000 grant application to develop a Community Wildfire Protection Plan (CWPP). A CWPP will help develop and organize the City’s 196
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Wildfire Prevention Program by guiding fuel reduction project priorities, support Firewise USA community designations, and enhance access to state and federal funding. Additionally, the City is preparing its application for City-inclusion on CalFIRE’s Fire Risk Reduction Community List (FRRCL) before the October 1, 2025 deadline. FRRCL designation will provide priority consideration for wildfire prevention grants and formally recognize the City’s adoption of key fire safety measures, such as updated Fire Hazard Severity Zone maps, a compliant General Plan Safety Element, and active defensible-space enforcement.

The City is also advancing multiple wildfire prevention and vegetation management initiatives to protect life, property, and infrastructure in its wildland-urban interface areas while the CWPP is developed. Building on its successful 2025 Pilot Goat-Grazing Project, the City has applied for $518,535 from CalFIRE’s Wildfire Prevention Grant Program to expand fuel reduction treatments on 348.36 acres of publicly-owned open space, benefiting more than 2,600 nearby homes and 113 commercial properties. If successful, this grant would fund such work to occur between March 2026 and March 2028. In the shorter-term, City staff seeks City Council’s direction on an option to extend the Pilot Goat-Grazing Project until March 31, 2026 by appropriating $100,000 to extend the Pilot Goat-Grazing Project, and directing staff to initiate a Request for Proposals to identify a contractor to conduct the work. The areas proposed for this project under CalFIRE’s Wildfire Prevention Grant Program is shown in Figure 1, below:

Figure 1
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Concurrently, the City is pursuing an $8,550,000 Hazard Mitigation Grant Program (HMGP) award from the California Office of Emergency Services (CalOES) to implement a long-term Wildfire and Vegetation Management Program across 5,300 acres of open space, incorporating goat grazing, mechanical and hand-work vegetation removal, native-vegetation restoration, and public education and outreach. In order to facilitate the submission of this application, staff requests City Council approval to confirm the 25% required local match in an amount up to $2,137,500. The areas proposed for this project under HMGP is shown in Figure 2, below.

Figure 2
Both projects (funded through CalFIRE’s Wildfire Prevention Grant Program and HMGP) align with the City’s 2024 Local Hazard Mitigation Plan (LHMP) and regional wildfire protection strategies, and, if awarded, will be implemented in collaboration with OCFA and community partners.

Given rising vegetation management costs, expansion of the City’s Fire Hazard Severity Zones, and heightened community expectations for proactive fire prevention, the City’s Weed Abatement Program (WAP) has grown increasingly vital. Following a vendor review, staff determined that E.

Stewart and Associates, Inc. (Stewart) is uniquely qualified to provide the services necessary to 198
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meet the City’s operational needs due to their local presence, technical expertise, established agency relationships, and proven track record over 29 years. Staff recommends awarding a contract, for $256,060 to Stewart to continue WAP operations, which includes clearing approximately 86 City-owned parcels and enforcing weed abatement on private properties. This contract will ensure timely and effective fire-risk reduction ahead of peak wildfire conditions while maintaining the City’s high standards for environmental stewardship and public safety.

Background:

Wildfire Prevention Program Activities:

1. Extension of Pilot Goat-Grazing Project
In early 2025, the City of San Clemente launched an innovative pilot goat-grazing project aimed at reducing wildfire risk through sustainable vegetation management. The initiative, which began in February, employs a herd of approximately 20 goats to graze on overgrown brush and invasive plants across 10 acres near Vista Hermosa Sports Park.

The program was spearheaded by a local resident, Mike Kay, a former volunteer firefighter who relocated to San Clemente after losing his home in the 2017 Tubbs Fire in Sonoma County. He provided the animals free of charge and constructed a 100-by-150-foot enclosure on City property to manage their grazing and protect them from predators.

The pilot program was scheduled to run for three months, during which time the animals grazed on a designated City-owned parcel, consuming dry brush and non-native vegetation such as mustard and thistle. Community response has been overwhelmingly positive, with residents expressing enthusiasm for the eco-friendly approach.

To facilitate continuation of this program in the short term (until March 31, 2026), staff is presenting an option for City Council’s consideration that is discussed in more detail later in this report in the “Discussion” Section.

To facilitate continuation of this program in the near term (to occur during fiscal years 2026 through 2028), City staff have submitted a grant application to CalFIRE’s Wildfire Prevention Grant Program to expand the successful Pilot Goat-Grazing Project into a larger-scale hazardous fuels reduction initiative. The project seeks $518,535 in funding to treat 348.36 acres of wildland-urban interface (WUI) open space within the City’s Local Responsibility Areas (LRAs), all located in Very High and High Fire Hazard Severity Zones.

The project builds on the City’s three-month pilot project, which demonstrated the effectiveness of prescribed goat grazing in reducing wildfire risk and controlling invasive plant species. Using lessons learned from the pilot, the proposed program would do the following:
 Deploy goat herds strategically to remove dense, fire-prone vegetation (e.g., black mustard, artichoke thistle) and create defensible space adjacent to neighborhoods, commercial areas, and evacuation routes.
 Protect 2,665 nearby residences and 113 commercial properties located within ½ mile of treatment areas.
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 Restore ecological health by improving soil quality, controlling invasive species, and supporting native vegetation.
 Implement a public education campaign to increase wildfire preparedness, promote defensible space, and raise awareness about the benefits of goat grazing.  Collaborate with OCFA and regional partners to ensure alignment with broader wildfire mitigation efforts.

The project aligns with the City’s 2024 LHMP, which prioritizes vegetation management and explicitly recommends exploring alternative fuel modification methods such as goat grazing.

The grant would also help the City sustain project benefits by integrating goat grazing into its long-term wildfire mitigation strategy and leveraging future grant opportunities for maintenance and program expansion.

If awarded, the project will be implemented in two annual grazing cycles with monitoring, community outreach, and interagency coordination, including compliance with CEQA and local conservation easements. By reducing hazardous fuels and increasing community engagement, the project will protect lives, property, and critical infrastructure while serving as a scalable model for wildfire resilience in Southern California.

2. Long-Term Wildfire and Vegetation Management Program In June 2025, the City of San Clemente successfully submitted a Notice of Interest for funding through the California Office of Emergency Services (Cal OES) Hazard Mitigation Grant Program (HMGP) to implement a comprehensive Wildfire and Vegetation Management Program. The City is currently working on the full application for this program, which is due September 15, 2025. The application seeks approximately $8,550,000 in total project funding, with a 25% local match, to reduce hazardous vegetation across its 5,300 acres of public and private open space.

The program builds upon the City’s successful Pilot Goat-Grazing Project and expands it into a multi-year effort incorporating:
 Strategic goat grazing to manage vegetation in steep or inaccessible terrain.  Mechanical and hand-crew vegetation removal to reduce hazardous fuel loads.  Native vegetation restoration to create fire-resilient landscapes.  Collaboration with HOAs and private property owners to address high-risk privately owned parcels.
 Public education and community volunteer programs to strengthen wildfire prevention awareness.

The grant application is supported by the City’s recently adopted Local Hazard Mitigation Plan (LHMP), the Orange County Community Wildfire Protection Plan (CWPP), updated Fire Hazard Severity Zone (FHSZ) maps, and historical fire data documenting significant wildfires such as the Grundy Fire (1976) and Cristianitos Fire (2017).

If awarded, the project will directly mitigate wildfire hazards by lowering fuel loads, creating additional defensible space buffers between development and the wildland-urban interface 200
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(WUI), and reducing ember-driven fire risks in the City’s WUI. This program will protect approximately 17,943 properties identified as at-risk for wildfire damage, while improving ecological conditions and providing a scalable model for regional wildfire mitigation.

The City anticipates using this funding to launch planning, environmental studies, and phased vegetation management work in 2026, with sustained annual treatments to ensure long-term risk reduction.

3. Community Wildfire Protection Plan
A Community Wildfire Protection Plan (CWPP) is a planning and funding prioritization tool created by the Healthy Forests and Restoration Act of 2003 as an incentive for communities to engage in comprehensive forest and fire hazard planning and to help define and prioritize local needs. The plan focuses on protections for existing development, and may address wildfire response, hazard mitigation, community preparedness, and/or structure protection. A local CWPP is one of the most effective ways to influence where and how federal agencies implement fuel reduction projects on federal lands, and how additional federal funds may be distributed for projects on nonfederal lands. CWPP’s are not required by the State or Federal government, but a CWPP development or update process can be leveraged to meet multiple local, tribal, regional, state, and federal priorities and requirements.

The City’s adopted LHMP includes Mitigation Action No. 50, which states that the City will, “Consider developing a Community Wildfire Protection Plan to further reduce wildfire risk and enhance resilience.” In response to the heightened need to address wildfire preparedness and the current availability of grant funding offered through the U.S. Forest Services’ Community Wildfire Defense Fund Grant, City staff developed a grant application to cover the costs of creating a CWPP. The grant application was submitted on March 14, 2025 and provides nomatch funding of up to $250,000 specifically for the creation of a CWPP. If the City is successful in the application process, City staff anticipates initiating this process immediately thereafter with the assistance of consultants contracted though the appropriate Request For Proposals (RFP) process. Should the need arise to acquire other grant funds if the application is not successful, City staff are aware of other opportunities available and would begin the process to apply for those funds.

4. Firewise Communities Program
The Firewise USA program, led by the National Fire Protection Association, offers a structured approach for communities to enhance their wildfire resilience in California. This initiative promotes collaborative efforts among residents, local fire departments, and other key stakeholders to bolster the fire resistance of homes and their surroundings. Integral to California’s wildfire preparedness strategy, the program is supported by CalFIRE’s Community Wildfire Preparedness & Mitigation Division, aiding communities in achieving Firewise designation. Achieving Firewise USA recognition is a collaborative and ongoing process. Each step is designed to empower residents and stakeholders to work together to enhance their local area’s wildfire resilience. The program allows neighborhoods and HOAs, between 8 and 2,500 homes, to apply for this designation.
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The LHMP includes Mitigation Action No. 37, which states: “To assist neighborhoods and HOAs with becoming a Firewise USA community, prepare a City-wide Community Wildfire Risk Assessment utilizing approved Firewise approaches and methodologies. Include action plan templates for neighborhoods to reduce ignition risks, such as community-level actions, educational activities, and suggested homeowner improvements. Promote the Community Wildfire Risk Assessment as a tool for use in applying to become a Firewise USA community.” As part of the CWPP, the City will prepare a City-wide Community Wildfire Risk Assessment, which is an integral step in the City’s effort to assist neighborhoods and HOAs with becoming Firewise USA communities. City staff anticipates implementing Mitigation Action No. 37 subsequent to the completion of the City-wide Community Wildfire Risk Assessment portion of the CWPP. However, individual neighborhoods and HOAs are able to embark on the process to become a recognized Firewise Community beforehand.

5. Fire Risk Reduction Community List (FRRCL)
The City is actively preparing an application to be included on the California FRRCL, a designation administered by CalFIRE that identifies communities demonstrating a strong commitment to wildfire prevention and risk reduction. Communities on the FRRCL receive priority consideration for CalFIRE’s wildfire prevention grants and may benefit from additional support in implementing vegetation management and hazard mitigation projects.

The FRRCL application period for the current application cycle closes on October 1, 2025, with successful applicants formally listed on July 1, 2026 for a two-year designation. To qualify, the City will demonstrate compliance with CalFIRE’s required criteria, which include:
 Adoption of Very High Fire Hazard Severity Zone (VHFHSZ) maps;  An up-to-date Safety Element in its General Plan;
 An LHMP;
 A documented process for reviewing development projects in fire-prone areas;  Implementation of additional wildfire risk reduction measures such as defensible space enforcement, community education programs, and vegetation management initiatives.

The City is currently compiling evidence of compliance with these criteria, including its recently updated LHMP, ongoing weed abatement and vegetation management programs, and cooperative efforts with OCFA. In addition, the City is preparing supporting documentation such as ordinances, inspection protocols, and public outreach materials that demonstrate its commitment to reducing wildfire hazards.

If approved, the FRRCL designation will strengthen the City’s eligibility for state wildfire mitigation funding and reinforce San Clemente’s proactive leadership in reducing fire risk for its residents and businesses in the wildland-urban interface.

Weed Abatement Program:

Each year, the City Council adopts a resolution pursuant to California Government Code Section 39561, which finds and declares weeds and trash on vacant and unoccupied parcels to be a 202
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seasonal and recurrent fire hazard nuisance. The City’s WAP was established with the intent of reducing the possibility of weed- and debris-fueled fires. Since its adoption, the City has contracted with professional service providers for the administration and implementation of the WAP. The WAP includes the clearing of approximately 86 City-owned, non-developed parcels, reservoirs, well and pumping station sites, as well as any vacant, privately-owned parcels not cleared by their owners prior to a deadline established annually by resolution of the City Council.

The work performed under the WAP’s professional services contract consists of the administration, notification, inspection, and removal of noxious and dangerous weeds and trash located upon the streets, sidewalks, private properties, and parkways within the corporate limits of the City. Additionally, every year, OCFA staff, the Program contractor, and the Community Development Director inspect City property for compliance with the City’s fire safety standards.

During those inspections, OCFA recommends areas in need of additional fire-clearance work.

The average annual cost to the City for the last five years of the entire WAP is $160,169 with the single most expensive year (FY2024) costing $176,842. Costs related to the clearing of noncompliant private properties are passed on to the property owners and are not reflected in these amounts. Due to the rising costs of vegetation management, the community’s heightened focus on fire safety, and the recent expansion of the City’s designated Fire Hazard Severity Zones, staff is recommending awarding and executing a new WAP contract and increasing the annually budgeted amount of the WAP. More information on this request is provided in the “Discussion” Section below.

Discussion:

Wildfire Prevention Program Activities:

1. Near-term Extension of Pilot Goat-Grazing Project
On June 3, 2025, staff presented the City Council with a request to continue and expand the pilot goat-grazing project until December 31, 2025. Attachment 2 provides a copy of the agenda report related to that item. Staff indicated that the cost to extend the program would be $100,000. At that meeting, the City Council directed that this item be continued to a future meeting for further City Council consideration.

While the City is actively applying for grants to provide the funding necessary to provide goatgrazing services in an expanded capacity beyond the initial pilot project, including both the CalFIRE Wildfire Prevention Grant Program and the HMGP discussed above, the City will not know whether its grant applications are successful until early next year and the middle of next year, respectively. Staff seeks the City Council’s direction on whether to appropriate funding at this time to provide goat-grazing services in the near-term while staff await responses on the success of the grant programs currently being developed or already submitted.

For the City Council’s consideration, staff has included a draft Resolution 25-116 (Attachment 1) to allocate up to $100,000 for near-term goat-grazing services. The resolution also extends the timeframe for this project to cover the spring of 2026, should these funds allow for goat grazing to continue past December 31, 2025. Due to the cost of this program, City staff will 203
Meeting Date: August 19, 2025 Agenda Item: 10E.

CITY OF SAN CLEMENTE 9
need to initiate a Request For Proposals process to establish a contract for goat-grazing services. The contract would be presented for the City Council’s approval at a future meeting if the contract amount exceeds the City Manager’s authorization limit of $75,000.

2. Long-Term Wildfire and Vegetation Management Program As discussed in the “Background” Section above, the HMGP application seeks approximately $8,550,000 in total project funding, with a 25% local match, to reduce hazardous vegetation across its 5,300 acres of public and private open space. The 25% match results in a nonfederal cost share (City commitment) of $2,137,500.00. The City anticipates its matching funds to come mostly from in-kind contributions of labor and services, contributions from private property owners such as HOAs for the aspects of the project occurring on privatelyowned open space, volunteer labor, and potentially other state and county grant sources, if and when applicable. There will likely be some additional funds required from the City's General Fund, but staff is working to tailor this program in a way that over the proposed 4-year HMGP-funded program, the costs do not create a significant burden on the General Fund.

As part of the City’s application for the HMGP, the City will need to confirm its commitment to the 25% match. Staff is requesting the City Council consider proposed Resolution 25-117 (Attachment 3) which provides direction to City staff to submit the HMGP application that includes a 25% match of up to $2,137,500.

3. Weed Abatement Program:

The City’s WAP has become an increasingly critical component of the City’s wildfire prevention strategy due to the rising costs of vegetation management, the community’s heightened focus on fire safety, and the recent expansion of the City’s designated Fire Hazard Severity Zones. These factors, coupled with higher contractor pricing for specialized fuel-reduction work and the growing need for proactive clearance in both City-owned and private parcels, have made it necessary to secure a new contract for WAP services. To ensure the program’s continued effectiveness and cost-efficiency, staff has evaluated available vendors and determined that Stewart, a local vendor, is uniquely qualified to meet the City’s operational requirements.

Pursuant to City Policy 201-2-1, Procurement Policy and Procedure, staff recommends awarding this contract based on two exemptions contained in Section XI, Exemptions To the Formal and Informal Solicitation Process. The first exemption is A.1.2, which reads in pertinent detail “that compliance with the bidding requirements and procedures is inefficient, impractical, or not in the best interest of the City, based on specifically identified conditions and supported by substantial evidence in the record.” The second exemption is A.1.8, which states: “The proposed professional service provider has unique familiarity with the project, subject area, or possesses other attributes that make the provider uniquely qualified to provide the services….” Following a review of potential vendors, staff determined that Stewart is the only qualified provider that meets the City’s operational requirements and is uniquely qualified and, therefore, recommends awarding the contract, under these exemptions, supported by the following findings:
 Geographic and Logistical Advantages: Stewart is the only provider headquartered within a 30-minute drive of the City. Their local presence enables rapid deployment, flexible 204
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CITY OF SAN CLEMENTE 10
scheduling, and timely response to urgent fire-risk situations, such as red flag weather events or emergency clearance requests.
 Technical Expertise: Stewart has extensive experience with fire fuel reduction techniques, including hand thinning, chipping, and mastication, and is uniquely qualified to perform this work on steep slopes and in environmentally sensitive areas within the City. Their team includes wildland fire specialists, licensed arborists, and professionals with environmental compliance knowledge, ensuring proper habitat protection.  Agency Collaboration and Trust: Stewart has an established working relationship with the OCFA and other fire prevention agencies in the region, and regularly coordinates with these agencies to implement fire-clearance recommendations within City limits.  Proven Track Record: Stewart has successfully administered the City’s weed abatement program for the past 29 years, consistently demonstrating high performance, cost control, and exemplary customer service. Their familiarity with the City’s processes and requirements significantly reduces the risk of service interruptions or performance deficiencies.
 Specialized Equipment: Stewart possesses specialized equipment suited for work in the City’s wildland-urban interface areas, including low-ground impact machinery that minimizes environmental disturbance.
 Market Limitations: A review of prior solicitations, RFP responses, and publicly advertised services indicates that Stewart is the only vendor capable of delivering the full scope of services required, including administration of weed abatement for privately-owned parcels in compliance with Government Code Section 39561.

Based on these factors, staff has determined that Stewart has unique familiarity with the project and is the only feasible provider for the WAP. Furthermore, utilizing the City formal bidding procedures for this contract would be inefficient, impractical, and not in the best interest of the City, as it would not result in identifying a consultant better suited for the work required by this contract.

The proposed contract amount of $256,060 (for weed abatement on public and private properties, and OCFA-recommended defensible-space clearance services) represents an increase of $96,060 over the current contract’s maximum fixed cost, due in large part to the rising costs of vegetation management, the community’s heightened focus on fire safety, the recent expansion of the City’s designated Fire Hazard Severity Zones, higher contractor pricing for specialized fuelreduction work, and the growing need for proactive clearance in both City-owned and private parcels. This amount exceeds the currently budgeted total of $156,000. Attachment 4 provides a draft Resolution 25-118 that appropriates an additional $96,060 for the WAP (Program 452), and awards a new contract to Stewart, provided as Exhibit A to that resolution.

Council Options:
 Adopt Resolution No. 25-116 to allocate $100,000 to extend the Pilot Goat-Grazing Project until March 31, 2026, adopt Resolution 25-117 to confirm the City’s commitment of the 25% match for the HMGP grant application, and adopt Resolution 25-118 to award a new Weed Abatement Contract to E. Stewart and Associates, Inc., and allocate an additional $96,060 to the WAP budget.
 Modify and then adopt Resolutions Nos. 25-116, 25-117, and 25-118. 205
Meeting Date: August 19, 2025 Agenda Item: 10E.

CITY OF SAN CLEMENTE 11
 Continue the item with the direction to staff to provide additional information.  Do not approve Resolutions Nos. 25-116, 25-117, and 25-118. This would result in the City not extending the Pilot Goat-Grazing Project, not confirming the City’s commitment of the 25% match for the HMGP grant application, and not approving a new Weed Abatement Contract.

Environmental Review/Analysis:

The extension of the goat-grazing program is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 § 15301(h) (Existing Facilities), Class 4, § 15304 (Minor Alterations to Land), Class 7, § 15307 (Actions by Regulatory Agencies for Protection of Natural Resources), and Class 8, § 15308 (Actions by Regulatory Agencies for Protection of the Environment) and is statutorily exempt under Public Resources Code §§ 21080(b)(4) (Emergency Projects) and § 21080.42 (SB 131—Fire Prevention Exemption), as the activity consists of fuel-modification work to reduce the risk of wildfires, and invasive and nonnative vegetation, that degrades the natural environment.

The commitment to a 25% local match for the HMGP application is not a “project” pursuant to the California Environmental Quality Act (CEQA), as it has no potential for resulting in either a direct or physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Appropriate CEQA determinations will be made for specific projects to carry out the program contemplated by the HMGP-funded wildfire prevention program, if such application is successful, when considered at a later date.

The execution of a contract for weed abatement and fuel-modification work to reduce wildfire risk is not a “project” pursuant to the California Environmental Quality Act (CEQA), as it has no potential for resulting in either a direct or physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Appropriate CEQA determinations will be made for specific projects to provide wildfire prevention services and abate the nuisance of weeds when considered at a later date.

Recommended Actions:

Staff Recommendation ..recommendation
STAFF RECOMMENDS that the City Council approve Resolutions Nos. 25-116, 25-117, and 25- 118, which will accomplish the following, respectively:

1. Appropriate $100,000, in account number 001-452-43890, to extend the Pilot Goat-Grazing Project until March 31, 2026, direct City staff to initiate a Request for Proposals process to establish a contract for goat grazing services, and determine that the project is statutorily and categorically exempt from the California Environmental Quality Act under various provisions; and

2. Confirm the City’s commitment to the 25% match for the HMGP application of up to $2,137,500 anticipated to be covered by in-kind contributions of labor and services, contributions from private property owners such as HOAs for the aspects of the project occurring on privately-owned open space, volunteer labor, potentially other state and county grant sources, and the City's General Fund; and
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CITY OF SAN CLEMENTE 12

3. Award and authorize the City Manager to execute a Professional Services Agreement by and between the City of San Clemente and E. Stewart and Associates, Inc., in an amount not to exceed Two Hundred Fifty-Six Thousand, Sixty Dollars ($256,060) for the Weed Abatement Program, consisting of weed abatement and related defensible-space clearance services, and appropriate an additional $96,060 to Program 452 – Weed Abatement: $45,160 in 001-452- 43470 and $50,900 in 001-452-43890.
..end
Attachments:

1. Proposed Resolution 25-116 – Appropriating funds to extend the Goat Grazing Pilot Project and finding the project categorically and statutorily exempt from the California Environmental Quality Act

2. City Council Agenda Report on Extension of Goat Grazing Pilot Project, dated June 3, 2025

3. Proposed Resolution 25-117 – Confirming the City’s 25% match for the HMGP Application

4. Proposed Resolution 25-118 – Awarding and Authorizing the City Manager to execute a Weed Abatement Contract to E. Stewart and Associates, Inc., Appropriating an Additional $96,060 to Program 452 – Weed Abatement.

5. Professional Services Agreement with E. Stewart and Associates, Inc.

Notification:

E. Stewart and Associates, Inc.

Orange County Fire Authority
207
Attachment 1
RESOLUTION NO. 25-116

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROPRIATING FUNDS

TO EXTEND THE PILOT GOAT-GRAZING PROGRAM FOR

WILDFIRE PREVENTION PURPOSES, DIRECTING STAFF

TO INITIATE A REQUEST FOR PROPOSALS, AND

FINDING THE PROJECT EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER SECTION 15301, 15304, 15307, 15308 (14 CCR §
CLASS 1: EXISTING FACILITIES, CLASS 4: MINOR
ALTERATIONS TO LAND, CLASS 7: ACTIONS BY

REGULATORY AGENCIES FOR PROTECTION OF
NATURAL RESOURCES, CLASS 8: ACTIONS BY

REGULATORY AGENCIES FOR PROTECTION OF THE

ENVIRONMENT), AND STATUTORILY EXEMPT UNDER
PUBLIC RESOURCES CODE §§ 21080(b)(4) (EMERGENCY
PROJECTS) AND § 21080.42 (SB 131 - FIRE PREVENTION

EXEMPTION)
WHEREAS, the City Council recognizes the heightened risk of wildfire in the City’s Very High and High Fire Hazard Severity Zones and has adopted a Local Hazard Mitigation Plan prioritizing vegetation management to reduce that risk; and WHEREAS, the City’s 2025 Pilot Goat Grazing Program successfully reduced hazardous fuel loads in targeted wildland-urban interface (WUI) areas, and extending the program to maintain and expand these fire-prevention benefits is in the City’s and the public’s best interest; and
WHEREAS, the extension will provide for goat-grazing services through March 31, 2026, pending the outcome of state and federal wildfire-prevention grant applications; and
WHEREAS, the City Council desires to appropriate up to $100,000 from the General Fund to extend the Pilot Goat-Grazing Program and direct staff to initiate a Request For Proposals for continued grazing services; and WHEREAS, the City Council finds the extension of the goat-grazing program is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 § 15301(h) (Existing Facilities), Class 4, § 15304 (Minor Alterations to Land), Class 7, § 15307 (Actions by Regulatory Agencies for Protection of Natural Resources), and Class 8, § 15308 (Actions by Regulatory Agencies for Protection of the Environment)and is statutorily exempt under Public Resources Code §§ 21080(b)(4) (Emergency Projects) and § 21080.42 (SB 131—Fire Prevention Exemption), as the activity consists of fuel208 Resolution No. 25-116 Page 2
modification work to reduce the risk of wildfires, and invasive and non-native vegetation that degrades the natural environment.

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

SECTION 1. The above recitals are true and correct and incorporated herein fully by reference as findings.

SECTION 2. Based upon its review of the entire record, including the Staff Report, any public comments or testimony presented to the City Council, and the facts outlined below, the City Council hereby finds and determines that the proposed project is categorically exempt from CEQA pursuant to State CEQA Guidelines Sections 15301(h) (Class 1: Existing ), 15304 (Class 4: Minor Alterations to Land), 15307 (Class 7: Actions by Regulatory Agencies for Protection of Natural Resources), and 15308 (Class 8:

Actions by Regulatory Agencies for Protection of the Environment), and is statutorily exempt under Public Resources Code §§ 21080(b)(4) (Emergency Projects) and § 21080.42 (SB 131—Fire Prevention Exemption).

The Class 1 exemption specifically exempts from further CEQA review the operation, repair, maintenance, and minor repair of existing public or private facilities and topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. This exemption covers, but is not limited to, maintenance of existing landscaping, native growth, and water supply reservoirs. The project does not change the existing general use of properties. Thus, the project qualifies for the Class 1 exemption.

The Class 4 exemption specifically exempts from further CEQA review the minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. This exemption covers, but is not limited to, fuel management activities within 30 feet of structures to reduce the volume of flammable vegetation, provided that the activities will not result in the taking of endangered, rare, or threatened plant or animal species or significant erosion and sedimentation of surface waters. This exemption shall apply to fuel management activities within 100 feet of a structure if the public agency having fire protection responsibility for the area has determined that 100 feet of fuel clearance is required due to extra hazardous fire conditions. Thus, the project qualifies for the Class 4 exemption.

The Class 7 exemption specifically exempts from further CEQA review the actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource, where the regulatory process involves procedures for protection of the environment. This exemption covers, but is not limited to, agency actions aimed at safeguarding natural resources through regulatory procedures, provided there’s no physical construction involved. Thus, the project qualifies for the Class 7 exemption.
209
Resolution No. 25-116 Page 2
The Class 8 exemption specifically exempts from further CEQA review actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. The purpose of the pilot goat-grazing project is to protect the City’s environmental resources by reducing risk of wildfires, and invasive and non-native vegetation that degrades the natural environment. Thus, the project qualifies for the Class 8 exemption.

Furthermore, none of the exceptions to the use of the Class 1, 4, 7, and 8 categorical exemptions identified in State CEQA Guidelines section 15300.2 apply. The project will not result in a cumulative impact from successive projects of the same type in the same place over time. The pilot goat-grazing project consists of regular maintenance activities to reduce the risk of fires in the City. There are no unusual circumstances surrounding the project that result in a reasonable possibility of a significant effect on the environment because the project is limited to the removal of weeds, and invasive and non-native vegetation that degrades the natural environment within the City’s open space areas. The project will not damage scenic resources, including trees, historic buildings, rock outcroppings, or similar resources. The project does not include any hazardous waste sites, and the project will not cause a substantial adverse change in the significance of a historical resource. The project will be carried out on open space-zoned properties with no historical resources affected. And the project has no possibility of a direct or foreseeable indirect significant impact on the environment. Thus, the Class 1, 4, 7, and 8, and 21 exemptions apply.

Additionally, the pilot goat-grazing project is statutorily exempt under Public Resources Code §§ 21080(b)(4) (Emergency Projects) and § 21080.42 (SB 131—Fire Prevention Exemption) in that it consists of specific actions necessary to prevent or mitigate an emergency—namely, the imminent threat of wildfire in areas designated as Very High and High Fire Hazard Severity Zones. The project’s vegetation management activities are directly intended to reduce flammable fuel loads and create defensible space to protect life, property, and critical infrastructure from catastrophic fire events. Under § 21080.42, the work qualifies for the fire prevention exemption because it involves wildfire risk reduction in compliance with applicable environmental protection measures, is located in a wildland-urban interface area, and does not exceed the acreage limitations set forth in the statute. Thus, the project qualifies for both the emergency project and fire prevention statutory exemptions. Thus, no further environmental review is required.

SECTION 3. The City Council hereby approves a supplemental appropriation of up to $100,000 from the General Fund to extend the Pilot Goat-Grazing Program through March 31, 2026.

SECTION 4. The City Council directs the City Manager, or their designee, to initiate a Request For Proposals for goat-grazing services to extend the Pilot GoatGrazing Program through March 31, 2026, and return to Council for contract award if the amount exceeds the City Manager’s authorization limit.
210
Resolution No. 25-116 Page 2
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 Steve Knoblock, Mayor of the
San Clemente, California City of Clemente, California
211
Resolution No. 25-X1 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-116 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:

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: June 3, 2025 Agenda Item: 10C.

Submitted By: City Manager
Prepared By: Andy Hall, City Manager
Subject:
..titl e

CONSIDERATION OF EXTENDING THE GOAT GRAZING NOXIOUS WEED AND FIRE FUEL REDUCTION PILOT PROGRAM UNTIL DECEMBER 31, 2025 ..body
Fiscal Impact:

All costs associated with the initial phase of the pilot program were donated by the owner of the goats, Mr. Mike Kay. The extension and expansion of the program will cost $100,000 for the period of July 1 through December 31, 2025. Funding has not been identified and would need to be appropriated from the General Fund balance.

Summary:

In response to both a significant increase in noxious weeds and potential fire fuel in the open space areas of San Clemente, the City Council authorized a goat grazing pilot program for a specified parcel of City owned property. The initial phase of the program was completed donated by Mike Kay, the owner of the goats. The program included the goats, the construction of a goat enclosure, and grazing of noxious weeds and grasses that can also become fire fuel (and a donkey named Steve). In addition to the grazing, Mr. Kay provided educational and volunteer opportunities. The City provided the property and water for the animals.

Background:

In October of 2024, a goat grazing program was
established to reduce noxious weeds and fire fuels
on open space owned by the City of San Clemente.

The original pilot program concluded in April of 2025
and an assessment of the program was conducted
between the owner of the Goats, Mr. Mike Kay, and
members of staff. The program was successful in
the assigned location for weed and fire fuel removal,
as expected, and the public response was
overwhelmingly positive.

Following discussion with staff, the owner of the
goats, who is also an experienced fire fighter, has
suggested that there remains a lot of work to do on the City owned property and would like to extend and expand the program. Staff is supportive of the proposed expansion, but suggest that the timeframe be limited to December 31, 2025. The proposed timeframe would allow the pilot project to continue while the community fire preparation program is prepared by staff for future consideration by the City Council. It is anticipated that the fire preparation program will include 1 Attachment 2
213
Meeting Date: June 3, 2025 Agenda Item: 10C.

CITY OF SAN CLEMENTE
goat grazing as one of the strategies in reducing the likelihood of fire in the community. The expansion of the pilot project would increase the number of goats from about 20 to about 100 goats and address more than 30 additional acres of City owned open space located south of Vista Hermosa Park and perhaps other areas of City owned open space. In order to extend and expand the project, Mr. Kay is seeking $100,000 in funding that will be used to:
 Continue the grazing program until December 31, 2025
 Expand the enclosure and add necessary animal care items  Conduct environmental review for additional City owned lands for grazing  Conduct outreach and education for local homeowner’s associations  Provide some funding for general expenses associated with the program (feeding, transportation, etc.)
As the program matures from a pilot program into a more consistent effort, a permanent program could include a comprehensive citywide grazing plan to reduce noxious weeds and reduce fire fuels.

Council Options:
 Terminate the pilot project and restore the current site to its previous condition.  Expand the pilot project and authorize a supplemental appropriation from General Fund balance to provide funding for the additional efforts.
 Provide alternative direction to the City Manager.

Environmental Review/Analysis:

Action to expand the project in and of itself is not defined as a project by the California Environmental Quality Act. However, goat grazing with an expanded foot print will require additional environmental review and may need additional City Council action.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends an extension and expansion of the pilot project. To date, the current pilot project has been successful and supported by residents. An additional six months to study the issue and become more familiar with the limitations of the grazing program can ensure the activity is adequately addressed in the preparation of the community fire preparation program. ..end
Attachment:

None.

Notification:

None.
2142
Attachment 3
RESOLUTION NO. 25-117

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, CONFIRMING THE CITY’S
COMMITMENT TO PROVIDE A 25% LOCAL MATCH FOR

THE HAZARD MITIGATION GRANT PROGRAM

APPLICATION
WHEREAS, the City is preparing a full application to the California Office of Emergency Services (Cal OES) for $8.55 million in Hazard Mitigation Grant Program (HMGP) funding to implement a comprehensive Wildfire and Vegetation Management Program across 5,300 acres; and
WHEREAS, the HMGP requires a 25% non-federal match, estimated at $2,137,500, which the City anticipates meeting through in-kind labor, services, HOA/private contributions, volunteer work, and potentially other grants, with remaining needs from the General Fund; and
WHEREAS, the program includes goat grazing, mechanical vegetation removal, native restoration, and public education to reduce wildfire risk and protect life, property, and infrastructure.

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

SECTION 1. The above recitals are true and correct and incorporated herein fully by reference as findings.

SECTION 2. The City Council confirms its commitment to provide the required 25% non-federal match, up to $2,137,500, for the HMGP application.

SECTION 3. The City Council authorizes staff to include this commitment in the HMGP application and to submit the application.

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 _____________________, ____. 215
Resolution No. 25-117 Page 2
ATTEST:

City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-117 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:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZONG AN

EXEMPTION TO THE FORMAL SOLICITATION PROCESS,

AWARDING A PROFESSIONAL SERVICES CONTRACT TO
E. STEWART AND ASSOCIATES, INC. FOR WEED

ABATEMENT PROGRAM SERVICES, APPROPRIATING
AN ADDITIONAL $96,060 TO PROGRAM 452 – WEED

ABATEMENT, AND AUTHORIZING THE CITY MANAGER

TO EXECUTE THE AGREEMENT
WHEREAS, the City’s Weed Abatement Program (WAP) is a critical component of wildfire prevention, involving the removal of hazardous vegetation on public and private properties in accordance with Government Code § 39561; and WHEREAS, expansion of the City’s Fire Hazard Severity Zones, rising vegetationmanagement costs, and heightened community fire-prevention expectations necessitate a new WAP contract; and
WHEREAS, pursuant to City Policy 201-2-1, Procurement Policy and Procedure, the awarding of this contract, without utilizing the City’s formal bidding procedures, is eligible based on two exemptions contained in Section XI, Exemptions to the Formal and Informal Solicitation Process. The first exemption is A.1.2, which reads in pertinent detail “that compliance with the bidding requirements and procedures is inefficient, impractical, or not in the best interest of the City, based on specifically identified conditions and supported by substantial evidence in the record.” The second exemption is A.1.8, which states: “The proposed professional service provider has unique familiarity with the project, subject area, or possesses other attributes that make the provider uniquely qualified to provide the services….”; and
WHEREAS, staff recommends awarding a Professional Services Agreement to E. Stewart and Associates, Inc. in an amount not to exceed $256,060, requiring an additional appropriation of $96,060 above the current budget; and NOW THEREFORE, the City Council of the City of San Clemente does hereby find, determine, and resolve as follows:

SECTION 1. The above recitals are true and correct and incorporated herein fully by reference as findings.

SECTION 2. E. Stewart and Associates, Inc. (Stewart) has unique familiarity with the project and is the only feasible provider for the Weed Abatement Program.

Furthermore, utilizing the City’s formal bidding procedures for this contract would be inefficient, impractical, and not in the best interest of the City, as it would not result in identifying a consultant better suited for the work required by this contract. The City 217
Resolution No. 25-118 Page 2
Council finds and determines that pursuant to City Policy 201-2-1, Procurement Policy and Procedure, awarding this contract is exempt from the normal solicitation process under Section XI.A.1.2 and 1.8 based on the following findings, which are hereby made:
 Geographic and Logistical Advantages: Stewart is the only provider headquartered within a 30-minute drive of the City. Their local presence enables rapid deployment, flexible scheduling, and timely response to urgent fire-risk situations, such as red flag weather events or emergency clearance requests.  Technical Expertise: Stewart has extensive experience with fire fuel reduction techniques, including hand thinning, chipping, and mastication, and is uniquely qualified to perform this work on steep slopes and in environmentally sensitive areas within the City. Their team includes wildland fire specialists, licensed arborists, and professionals with environmental compliance knowledge, ensuring proper habitat protection.
 Agency Collaboration and Trust: Stewart has an established working relationship with the OCFA and other fire prevention agencies in the region, and regularly coordinates with these agencies to implement fire-clearance recommendations within City limits.
 Proven Track Record: Stewart has successfully administered the City’s weed abatement program for the past 29 years, consistently demonstrating high performance, cost control, and exemplary customer service. Their familiarity with the City’s processes and requirements significantly reduces the risk of service interruptions or performance deficiencies.
 Specialized Equipment: Stewart possesses specialized equipment suited for work in the City’s wildland-urban interface areas, including low-ground impact machinery that minimizes environmental disturbance.
 Market Limitations: A review of prior solicitations, RFP responses, and publicly advertised services indicates that Stewart is the only vendor capable of delivering the full scope of services required, including administration of weed abatement for privately-owned parcels in compliance with Government Code Section 39561.

SECTION 3. Pursuant to Exemptions A.1.2 and A.1.8 contained in City Policy 201- 2-1, Procurement Policy and Procedure, the City Council awards a Professional Services Agreement to E. Stewart and Associates, Inc. in an amount not to exceed $256,060 and authorizes and directs the City Manager to execute such agreement in a form substantially similar to that presented to the City Council on August 19, 2025.

SECTION 4. The City Council approves a supplemental appropriation in the amount of $96,060 to the Weed Abatement Program (Program 452), for a total FY 2026 budget of $256,060.

SECTION 5. The City Council authorizes and directs the City Manager to execute such other documents and take such other and further actions as may be necessary and proper to implement the Weed Abatement Program and accomplish the purposes of this resolution.
218
Resolution No. 25-118 Page 3
SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this ___ day of _____________________, ____.

ATTEST:

City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-118 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:

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICE AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this day of August, 2025, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio, San Clemente, California, 92673 ("City") and E. Stewart and Associates, Inc., a California corporation with its principal place of business at 944 Calle Amanecer, Suite M, San Clemente, CA 92673 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

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

2.2 Project.

City desires to engage Consultant to render such professional weed abatement consulting services for the administration of the City’s Weed Abatement Program ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from July 1, 2025, to June 30, 2030, or until completed to the City’s satisfaction or earlier terminated as provided herein.

The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than three (3) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
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3.2 Responsibilities of Consultant.

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

3.2.2 are continuing obligations that shall survive expiration or termination of this Agreement.

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

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

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

3.2.7 City's Representative. The City hereby designates Adam Atamian, Community Development Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").

City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.8 Consultant's Representative. Consultant hereby designates Edwin W.

Stewart, Chief Executive Officer/Chief Financial Officer or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative").

Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.10 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling 222
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necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

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

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

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement, including all work reasonably related thereto, at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred and Fifty-Six Thousand and Sixty Dollars ($256,060.00) per year without prior written approval of the City Council or City Manager as applicable. Extra Work may be previously 223
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authorized in writing, as described below, and if so authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all nondisputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

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

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

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

3.3.6 Labor Code Requirements.

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

3.3.6.2 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the 224
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foregoing, the Consultant registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to Services performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1.

3.4 Accounting Records.

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

3.5 General Provisions.

3.5.2 Termination of Agreement.

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

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

3.5.2.3 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.

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

Consultant: E. Stewart and Associates, Inc. 944
Calle Amanacer, Suite M San Clemente, CA 92673
ATTN: Denise N. Stewart, Secretary
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Adam Atamian, Community Development Director
and Laura Campagnolo, City Clerk
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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.

3.5.4 Ownership of Materials and Confidentiality.

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

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

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

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

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

3.5.5 Cooperation; Further Acts. The Parties shall fully cooperate with one 226
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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.

3.5.6 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.

3.5.7 Indemnification.

3.5.7.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, sub-consultants, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses.

Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

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

3.5.8 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.

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

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

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

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

3.5.13 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, 227
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hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

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

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

3.5.16 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

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

3.5.18 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.

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

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

3.5.21 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every 228
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employer to be ensured 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.

3.5.22 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.23 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.

3.6.2 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
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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
ATTEST:

CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

By:

Andy Hall, City Manager
Dated:

Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:

Finance Authorization
E. Stewart and Associates, Inc.,
a California corporation
(“CONSULTANT”)
By: ___________________________
Edwin W. Stewart, CEO/CFO
Dated:

By: ___________________________
Denise N. Stewart, Secretary
Dated:
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EXHIBIT “A-1”

SCOPE OF SERVICES
Weed Abatement Program Administration Services
Consultant shall perform the following weed abatement program administration services for the City (collectively, the “Services”) to the City’s satisfaction:

The Services consist of the administration of the destruction and/or removal of noxious and dangerous weeds growing upon the streets, or sidewalks or private property and parkways within the corporate limits of the City of San Clemente, which are the responsibility of the private property owners. The Services include the inspection of all parcels identified as vacant or developed but unoccupied that are privately owned. All work is to be completed in a good workman like manner.

All work shall be completed as outlined in the contract including all exhibits and appendices.

SPECIFIC WEED ABATEMENT ADMINISTRATION MANAGEMENT REQUIREMENTS A. DESCRIPTION OF NOTIFICATION OF PROPERTY OWNERS AND TIMELINES

1. The Consultant shall establish a vacant private-property Master List (Appendix A and B) of properties to be included in the annual Weed Abatement program whose owners will be notified of each years’ deadline to clear their properties of weeds. Using a computer software program such as TRW, GIS, or an approved equal, the Consultant shall generate a list of all vacant property owners in the City and provide this list (both a hard copy and an electronic copy) to the Community Development Director or their designee for submittal to the City Clerk’s office no later than March 1 of each year. City shall transmit the list to the City Council as an attachment to the report requesting a resolution to declare weeds and debris on vacant properties to be a public nuisance.

2. Consultant shall perform inspections of all properties within the City throughout the month of March. Results will be used by the Consultant to update Master List (Appendix A and B), removing any lots with new development, and adding new lots as necessary.

3. Consultant shall prepare and send official notices to properties identified on the Master List (Appendix A and B) by April 1st of each year. The master template letter will be provided by the City, with the City bearing the cost of creating all paper, postage, and envelopes. The notice will include the weed abatement deadline date and a telephone number to call with questions or concerns. These letters will notify the property owner of the need for abatement, explain their options, provide a date of compliance, and notify them of a date for a Weed Abatement public hearing to be held at a regular meeting of the City Council. Generally, property owners will be given approximately six (6) weeks to clear their vacant parcels. The Consultant shall provide a certificate of notification, assuring that the mailings to the generated list have been made. The Consultant will answer all calls or questions generated, and provide resolutions for these calls or questions.

4. The Consultant shall post all parcels in the program and photograph such postings ensuring that the site is clearly visible, the Assessor’s parcel number is included, and a date and time stamp clearly visible. The photographs will include landmarks such as adjacent structures and signage or other easily identifiable objects. These photographs shall be supplied to the City as completed on a weekly basis. A fifty dollar ($50.00) per day deduction will be made for each day this report is late to the City. Copies shall also be supplied to the City at the completion of the program in a book that will include these photos, pre-cut photos, and after cut photos, cut sheets, and the communications log, as well as all other pertinent information regarding the program.

5. The Consultant shall provide a dedicated post office box for any and all correspondence 231
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regarding weed abatement, and which post office box shall be checked at least once weekly.

The dedicated P.O. Box number will be provided in the notification letter sent by the Consultant to the properties on the Master List (Appendix A and B). Information returned will be entered into a notification database, and reports will be provided on a weekly basis to the Community Development Director or designee for the duration of each year’s program. A fifty dollar ($50.00) per day deduction will be made for each day this report is late to the City.

6. The Consultant shall also provide a dedicated telephone line, with a voice mail system, or approved equal. The Consultant shall also provide a dedicated electronic mail address. This phone line number and electronic mail address will also be provided in the notification letter sent to properties on the Master List (Appendix A and B). The Consultant shall receive all phone calls and electronic mails regarding Weed Abatement, promptly reply and supply information, update the notification database, answer questions about weed abatement and make every reasonable attempt to resolve disputes. All phone calls and electronic mails will be logged into an appropriate database, approved by the City, along with a short synopsis of their resolution and an identification number, and this information provided to the City on a weekly basis. A fifty dollar ($50.00) per day deduction will be made for each day this report is late to the City.

7. The Consultant shall research all returned notification letters. The Consultant will document all reasonable attempts to notify these property owners by additional mailings or by telephone of the need for abatement. Failing to contact the owner by these means will necessitate documenting these attempts and notification of these actions to the Community Development Director or designee.

8. If property owners contact the Consultant requesting extensions, this information will be forwarded to the City for action. Any extensions granted must first be approved by the City.

9. Following the deadline set by the City Council, the Consultant shall inspect all parcels on the Master List (Appendix A and B) and determine the need for abatement. The individual(s) doing said inspection shall have appropriate fire protection background and be approved by the Community Development Director or designee. The Consultant shall be supplied with property lists detailing the locations to be cleared. Consultant shall determine whether certain parcels present greater fire hazard danger than others, and schedule the parcels for clearing accordingly, clearing of parcels shall be conducted as described in Exhibit “A-2”.

Consultant shall consider adjacent structures, type of roofing of adjacent structures, etc., in determining the scheduling of parcel clearing. All parcels requiring abatement by the Consultant will be photographed again to document the need for abatement.

10. Following the clearing of parcels by the Consultant, the Consultant shall inspect all lots for clearing to applicable standards, and photograph said parcels in a manner that the site is clearly visible. These photographs shall be supplied to the City at the completion of the program in a book that will include these photos, cut sheets, and the communications log, as well as all other pertinent information regarding the program.

11. The Consultant shall review all billings prior to submittal to the City for payment. Any changes necessary will be directed to the Consultant for the appropriate action.

B. DESCRIPTION OF BILLING PROCEDURE
After all lots have been cleared, and billing from the Consultant has been received, the Consultant shall assist the City in compiling all administrative costs. The Consultant shall then prepare all billing to be mailed. A copy of all parcels to be billed, and the names and mailing addresses of the owners, will be provided (both a hard copy and an electronic copy) to the Community Development Director or designee. Pertinent details including the Consultant’s cost to the City will be included with the billing. The billing will also note the administrative cost per lot. Invoice numbers shall be the same as the parcel number being billed.

1. After a report requesting the ability to bill for the Weed Abatement program and confirmation of charges has been delivered to the City Council, and this request granted by the City 232
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Council, the Consultant shall mail the first billing. All costs associated with this mailing (postage, envelopes, return envelopes, etc.) shall be the Consultant’s costs. All payments received in response to the billing shall be directed to the City of San Clemente Finance Division. The billing must occur as soon as possible, within thirty days following the clearing and billing by the Consultant of the last lot in the program, and within five days following City Council approval of billing. The format for the invoice shall be first approved by the Community Development Director or designee. Return envelopes shall be provided by the Consultant with the billings, which shall be first approved by the Community Development Director or designee.

2. The Consultant shall receive all phone calls regarding Weed Abatement billing, supply information, up-date the notification database, answer questions about Weed Abatement billing and make every reasonable attempt to resolve disputes. All phone calls will be logged into an appropriate database, approved by the City, along with a short synopsis of their resolution and an identification number and this information shall be provided in a report to the City on a weekly basis. A fifty dollar ($50.00) per day deduction will be made for each day this report is late to the City.

C. PREPARATION OF WEED ABATEMENT DOCUMENTS

1. The Consultant shall provide a final report to the City summarizing the process, and noting any suggested improvements or changes.

2. Within fifteen (15) days after the approved billings have been mailed, the Consultant shall provide the Community Development Director or designee with a copy of the book that includes the posting photos, the inspection photos, the Weed Abatement Clearing Consultant’s cut sheets, and the communications log, as well as all other pertinent information regarding the program. A fifty dollar ($50.00) per day deduction will be made for each day this report is late to the City.

3. Sixty (60) days following the mailing of billings, the Consultant will review information provided by the City showing which parcels have paid the appropriate charges. The Consultant shall identify any problems with the information. Sixty (60) days following the mailing of billings, the program shall be considered closed. The Consultant shall update all submissions to the book and be paid to the extent of the work performed. 233
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EXHIBIT "A-2"

SCOPE OF SERVICES
Weed Abatement Program Fire Hazard/Vegetation Management Services Consultant shall perform the following weed abatement program fire hazard and vegetation management services for the City (collectively, the “Services”) to the City’s satisfaction:

1. GENERAL WEED ABATEMENT REQUIREMENTS
A. Consultant shall destroy and/or remove weeds (as defined below) growing upon: (1) all undeveloped City-owned lots, as identified in whole or in part in Appendix A; (2) reservoir, well and pumping station sites, as specified in Appendix B; (3) areas of City-owned property identified on an annual basis for defensible space clearing to protect adjacent privately-owned structures, as identified in Appendix C; and (4) any private lots not cleared by the property owner prior to the City’s formal deadline within the corporate limits of the City, and (5) the performance of all necessary clean up to complete work in a good workmanlike manner for abatement of weeds. Consultant shall conduct said work as required by this contract including all exhibits and appendices.
“Weeds,” as used in this Agreement, includes any of the following:
(a) Weeds which bear seeds of a downy or wingy nature.
(b) Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. (c) Weeds which are otherwise noxious or dangerous.
(d) Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health.
(e) Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard.

B. Prior to the commencing of work on any lot, the Consultant shall remove and dispose of all litter and debris, as required.

C. Items the Consultant shall be responsible for the removal and disposal of, besides Weeds, include trash, tree and vegetation cuttings, dead brush and dead trees under eight (8) feet in height, fronds, lumber and building materials, furniture, mattresses, rugs, inoperable household appliances, disused plumbing fixtures, and motor vehicle parts. Contract shall also clean vee ditches.

D. Consultant’s responsibility shall not include abandoned or inoperable intact motor vehicles.

E. The Consultant will clean sidewalks, gutters, curbs, roadways, and any other areas affected by weed abatement operations.

F. Consultant shall take reasonable measures to avoid unnecessary noise. Such measures shall be appropriate for the normal ambient sound levels in the area during working hours. All construction machinery and vehicles shall be equipped with sound muffling devices, and operated in a manner to cause the least noise consistent with the efficient performance of the work. The use of gas leaf blowers is prohibited pursuant to San Clemente Municipal Code Section 8.50.050. The use of electric leaf blowers shall be in accordance with San Clemente Municipal Code Section 8.50.060.

2. SPECIFIC WEED ABATEMENT REQUIREMENTS
A. DESCRIPTION OF MECHANICAL MOWING
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1. Consultant shall destroy weeds growing upon certain lots and adjacent parkways designated by the Community Development Director or designee using a mechanical mower.

2. All cuttings resulting from mowing shall be raked and disposed of and the grounds left in a clean and presentable condition satisfactory to the Community Development Director or Designee. No weed stubble over one inch in height shall remain on the grounds.

B. DESCRIPTION OF HAND WORK
Consultant shall destroy weeds growing upon certain lots and parkways to be designated by the Community Development Director or designee that require at least 75% hand scything or hoeing (weed whipping) due to trees, sloped landscaping, sidewalks, foundations, stored materials or other obstructions that prevent mechanical mowing. All cuttings resulting from hand cleaning shall be raked and properly disposed of as the work progresses and the grounds left in a neat and presentable condition satisfactory to the Community Development Director or designee. Lots to be cleaned under Hand Work must be approved by the Community Development Director or designee prior to Consultant performing the work.

C. DESCRIPTION OF CLEANUP

1. The Consultant shall clean sidewalks, gutters, curbs, roadways, and any other areas littered or soiled by weed abatement operations. All cleanup work shall be done immediately following any mechanical mowing or hand work. Consultant shall not leave debris on or near the site of any mechanical mowing or hand work.

2. All landscape debris shall be disposed of though a landscape material recycling center or reused in some manner. Landscape debris shall not be disposed of in a landfill without prior written approval from the Community Development Director or designee. The Consultant shall dispose of all cuttings, weeds, leaves, trash and other debris from the operation as work progresses The City shall in no way be responsible for the disposal of these materials.

Consultant shall pay all disposal fees.

3. Consultant shall remove all weed debris from all lots smaller than ten thousand (10,000) square feet. Consultant shall further remove a and dispose of all weed debris from all lots larger than ten thousand (10,000) square feet located adjacent to properties with structures.

Consultant shall remove and dispose of have all weed debris from within fifty (50) feet of the property line of the abated property and/or to meet Orange County Fire Authority Defensible Space Requirements.

4. In areas of lots larger than ten thousand (10,000) square feet where weed debris is allowed to remain, Consultant shall spread weed debris evenly. The overall height of all remaining debris can be no greater than three inches.

3. LEVEL OF MAINTENANCE
A. All work shall be performed in accordance with the highest professional management standards, as described in this contracted included in all exhibits and appendices. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper administration. If, in the judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold and deduct appropriate payment from the Consultant until services are rendered in accordance with specifications set forth within this document and providing no other arrangements have been made between the Consultant and the City. Failure to notify of a change and/or failure to perform an item or work on a scheduled day may result in deduction of payment for that date or week. Payment shall be deducted for work not performed. Payment shall NOT resume until such time as the work is performed to City standard, nor shall reimbursement for prior inadequate work be given.

B. The Consultant shall correct deficiencies within the time specified by the City. If noted deficient work has not been completed, payment for subject deficiency shall be withheld for current billing period, and shall continue to be withheld until deficiency is corrected, without right to retroactive payments.
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4. SUPERVISION OF CONTRACT
A. All Consultant’s work shall be completed to meet the approval of the City‘s Community Development Director. If desired by the City, weekly meetings shall be scheduled between the Consultant and the Community Development Director or designee to determine progress and to establish areas needing attention.

B. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Consultant in writing and if not corrected, payment to the Consultant shall not be made until condition is corrected in a satisfactory manner as set forth in the specifications.

5. SPECIFICATIONS
These specifications are intended to cover all labor, material and standards of the Services to be performed under this Agreement. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of the Services shall be performed by the Consultant as described in the specifications.

1. PROVISIONS FOR EXTRAS
A. No new work of any kind shall be considered extra work unless a separate estimate is given for said work and the estimate is approved by the City in writing before the work is commenced. The Consultant shall be required to provide before and after photographs of safety items or emergency repairs which were made without prior City approval. Documentation of contract compliance may be required on some occasions.

B. Proposals for extra work shall include whether current contractual staffing is proposed to do the extra work, or whether additional forces shall be used.

C. Once extra work has been assigned to the Consultant, with a mutually agreed deadline for completion, a two hundred fifty dollar ($250.00) per day deduction shall be made for each day this work extends past the agreed deadline. The Community Development Director, or their authorized agent, may grant approval for extensions.

2. STREET CLOSURES, DETOURS, BARRICADES
A. Consultant shall install and display warning signs, lights, and devices in conformity with the "Manual of Warning Signs, Lights and Devices" for use in performance of work upon highways issued by the State of California, Department of Transportation and as directed by City staff.

B. If the Consultant fails to provide and install any of the signs or traffic control devices required hereby or ordered by the City staff, staff may cause such signs or traffic control devices to be placed by others, charge the costs therefore against the Consultant, and deduct the same from the next payment.

C. During the progress of the Services, adequate provisions shall be made by the Consultant to accommodate the normal traffic over the public streets and cause minimum inconvenience to the general public. Means of ingress and egress shall be provided for occupants of adjacent property, with convenient access to driveways, housing, or buildings.

D. The Consultant shall provide and maintain barriers, guards and lights when and where it may be necessary to do so in order to effectively guard the public from danger as a result of the work being done. Consultant shall also post proper notices and signals to the public regarding detours and the work under construction in accordance with applicable provisions of the California Vehicle Code.

E. Consultant shall provide official "NO PARKING" signs and post no-parking signs on affected streets. In order for signs to be enforced by the City of San Clemente Police Services, Consultant shall post signs 24 hours in advance of work being commenced and checked by the San Clemente Police Services Watch Commander.

F. Consultant shall provide and maintain safe and adequate pedestrian and vehicular access to fire hydrants, commercial and industrial establishments, churches, schools, parking lots, service stations, motels, fire and police stations, hospitals, and establishments of similar nature. Consultant shall provide continuous and unobstructed Access to these facilities unless 236
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otherwise approved by the Community Development Director or designee.

G. The Consultant shall maintain and provide safe and adequate pedestrian zones, public transportation stops and pedestrian crossings at intervals not exceeding 300 feet unless otherwise approved by the Community Development Director or designee.

H. Consultant shall maintain vehicular access to residential driveways to the property line except when necessary construction precludes such access for reasonable periods of time.

I. The Consultant shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services.

3. DISPOSAL
Consultant shall dispose of any and all material used for the abatement of weeds in a safe and legal manner.

4. RECORDS
A. The Consultant shall keep accurate records concerning all of his employees or agents and provide the City within fifteen (15) days of the effective date of this Agreement with names, addresses, and telephone numbers of employees to be called in emergency. Any changes in the work force that impact this report shall be addressed to the City immediately.

B. The Consultant shall complete a monthly report indicating Services performed and submit this completed report monthly to the Community Development Director or designee. This report will be due the first weekly meeting of the month. A fifty dollar ($50.00) per day deduction will be made for each day this report is late to the City. This report should also contain a description, including per hour labor, equipment, and materials breakdown and costs used to accomplish any additional work, which the Consultant deems to be beyond the scope of the Agreement.

Under ordinary conditions, payment for extra work shall not be authorized unless the additional work, and costs thereof, is first approved in writing by the City. Irrigation programming schedules shall be submitted. This report shall be due no later than five (5) working days preceding the beginning of each month.

C. Consultant shall submit a monthly communications log of all calls, emails or other similar communications from the City to the Consultant, whether or not those communications require a request for service, and a description of the action taken. This report shall be due no later than five (5) working days following the end of each month.

D. The Consultant shall, within fifteen (15) days of the effective date of this Agreement, prepare and submit a written calendar to the Community Development Director or designee. This calendar shall clearly indicate all of the major tasks required by this Agreement and the dates they are scheduled to be performed. If it is necessary to make periodic revisions to this schedule, a modified calendar must be submitted to the Community Development Director or designee for approval prior to the date the changes are to take effect. A fifty dollar ($50.00) per day deduction will be made for each day this report is late to the City.

E. The Consultant shall permit the City to inspect and audit its books and records at any reasonable times.

F. All reports shall be due as listed. A fifty dollar ($50.00) per day deduction shall be made for each day any report submittal is late to the City. Deductions shall be reflected in the next monthly billing. Invoices failing to note incurred deductions shall not be paid.

5. EMERGENCY SERVICES
The Consultant shall provide the City with names and telephone numbers and email addresses of at least two qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when the Consultant’s normal work force is not present. These Consultant representatives shall respond to said emergency within sixty (60) minutes from receiving notifications.

12. SPECIALTY OPERATIONS
Not applicable.
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13. CITY BUSINESS LICENSE
Consultant and all sub-Consultants must obtain and maintain in effect a valid City of San Clemente Business License prior to commencement of Services, and during the entire time that Services are being performed under the Agreement. (Questions should be addressed to the Business License Division at (949) 361-6166.)

14. CONSULTANTS OFFICE
Consultant shall maintain an office within a one-hour response time of the City and provide phone service during normal working hours. During all other times, a telephone answering service shall be utilized and the answering service shall be capable of contacting the Consultant by radio, cell phone, or similar communication device, unless the Consultant can be directly reached during these times by cell phone. This system shall allow forwarding of complaints and requests for service directly from the City. The Consultant shall provide and maintain a viable email address throughout the term of the Agreement.

15. EXAMINATION OF SITE AND WORK
City makes no representation about the order or condition of the work area, nor does the City warrant that the work area shall be free from defects, either apparent or hidden, at the commencement of, or at any time during the term of the Agreement. Consultant shall examine the location, physical conditions and surroundings before performing the work. By entering into the Agreement, Consultant shall be deemed to have agreed to accept the condition of the work area in its current condition.

16. QUALITY OF WORK AND MATERIAL
All material and equipment furnished by the Consultant shall be high grade, and free from defects and imperfections, unless otherwise hereinafter specified. Workmanship shall be in accordance with the Best Management Practices. Both materials and workmanship shall be subject to the approval of the Community Development Director or designee. All materials used shall be approved in advance by the Community Development Director or designee.

A. The actual cost of all material passed on to the City shall be wholesale cost of the material.

1. The wholesale cost shall be the actual cost paid by the Consultant reflecting the best price, including discount available.

2. At no time shall the cost of materials exceed retail cost from the current price list, minus the discount rates.

B. The total cost of materials shall include the following:

1. Wholesale cost (retail cost minus Consultant’s discount) – as stated above.

2. Applicable sales taxes.

3. A markup of 15% maximum for all overhead costs and profits.

C. The City reserves the right to purchase materials directly and make available to the Consultant, or to provide a local vendor from whom the Consultant can make appropriate purchases charged directly to a City purchase order. In the event the City exercises the option to purchase the materials, the following conditions shall apply:

1. Consultant shall conform to all City practices and procedures.

2. All City purchases shall be for the sole expressed use of and for the City.

3. The Consultant shall secure, store, inventory, distribute and control all materials entrusted to the Consultant’s representatives. All materials and inventories shall be made available to the City upon request.

4. The Consultant shall reduce the unit cost for each maintenance task by the City’s actual cost for the materials provided and used.

17. WORKMANSHIP AND SUPERVISION
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A. The Consultant shall provide a work force sufficient to complete the Services.

B. The Services shall be performed by competent and experienced workers.

C. Consultant’s work force shall include a thoroughly skilled, experienced and competent supervisor who shall be responsible for adherence to the specifications in this Agreement.

Supervisors must communicate effectively both in written and oral English, and shall be present in the City at all times during contractual operations. A Supervisor is defined as a fulltime employee assigned to direct work crews, with authority to authorize work orders, make decisions in behalf of the Consultant, authorize additional work, etc. In no case shall a fulltime employee normally assigned to lesser status be provided in lieu of a Supervisor. Any order given to these Supervisors shall be deemed as delivered to the Consultant.

D. All Consultant personnel working at the outlined areas shall be of good character, neat appearance, and in appropriate dress as approved by the Community Development Director or designee. All personnel shall wear identification badges or patches.

E. Persons employed by the Consultant who are found not to be satisfactory by the City shall be discharged or reassigned by the Consultant on fifteen (15) days’ notice from the City.

18. REPAIRING INJURED WORK
The Consultant shall report without delay any damage to City equipment or property and shall be held responsible for the replacement of any such damage caused by the Consultant.

19. EQUIPMENT
All vehicles and equipment used in conjunction with the Services shall be maintained in neat, clean, and orderly manner and shall be in good working order. Equipment should be clearly marked with the Consultant’s company name, and identification number or code. The Community Development Director or designee may reject any vehicle or piece of equipment and order it removed from the job site. Said equipment must be replaced by appropriate, approved equipment within two working days, or deductions to the monthly contract amount shall continue until such time as appropriate, approved equipment is provided.

20. SAFETY REQUIREMENT
A. All work performed under this Agreement shall be performed in such a manner as to provide maximum safety to the public and where applicable, comply with all safety standards required by CAL-OSHA. The Community Development Director or designee reserves the right to issue restraint or cease-and-desist orders to the Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services under this Agreement.

B. The Consultant shall maintain all work sites free of hazards to persons and/or property resulting from his operations. Any hazardous condition noted by the Consultant, which is not a result of Consultant’s operations, shall be immediately reported to the Community Development Director or designee.

C. Consultant shall not permit access into any City of San Clemente or other private structures by any unauthorized persons.

21. CLAIMS BY CONSULTANT’S EMPLOYEES
A. The Consultant shall hold harmless the City and all of its agents, employees and officers from any and all damages or claims, of any kind or nature, that may be made or may arise directly or indirectly from the performance of duties by the Consultant.

22. LIABILITY FOR DAMAGES
A. The Consultant shall be fully responsible for any and all damage done to City or private property, equipment, or other property of the public or private premises that result from the Consultant’s Services under this Agreement.

B. The Consultant may ensure the equipment, materials and work to cover Consultant’s interest in the same. The City shall not, under any circumstance, be answerable or accountable for any loss or damage that may happen to said equipment, materials and work, or any part or parts thereof, used and employed by Consultant in fully completing the Services under the 239
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Agreement.

C. Any keys to City facilities are the sole responsibility of the Consultant. No copies shall be made without City’s written permission, and the loss or theft of these keys shall require rekeying of any such facilities fully at the Consultant’s expense.

23. PERFORMANCE DURING INCLEMENT WEATHER
The Consultant shall immediately notify the Community Development Director or designee before the work force is removed from the jobsite due to inclement weather, or for any other reasons. During the periods when inclement weather hinders normal operations, the Consultant shall adjust the work force in order to accomplish those Services that are not affected by weather.

A. Failure to adjust the work force to show good progress on the Services shall result in deduction of payments to reflect only the Services actually accomplished.

B. The Consultant shall immediately notify the Community Development Director, or their authorized agent, when the work force has been removed from the jobsite due to inclement weather, or other reasons.

24. UNDERGROUND EXCAVATIONS
Consultant shall be responsible for locating all underground utility lines to ensure the safety of Consultant’s work crew and to protect in place existing utility equipment before commencing any excavation. Consultant shall contact the City and Underground Service Alert (800-422-4133) before commencing any excavation to locate underground service lines.

25. SAN REGULATORY STANDARDS
The City is governed by water quality standards set in place by the San Diego Regional Water Quality Control Board.

1. Consultant shall ensure that under no circumstances shall debris be swept, blown, or washed into streets or parking lots during performance of the Services in a manner that could place this debris into storm drains.

2. Consultant’s use of mechanized blowers will be done professionally and to the minimum extent necessary. City shall have the option to ban the use of mechanized blowers by the Consultant under this Agreement if the Consultant fails to use mechanized blowers properly. No financial consideration will be provided should the City ban Consultant from using mechanized blowers.

3. Consultant shall control all dust using best management practices as required by the San Diego Regional Water Quality Control Board and/or the San Diego County Air Pollution Control District.

4. Consultant shall ensure that any drainage from washing of hardscape is drained into adjacent landscaping and in no circumstances be washed onto streets or parking lots.

5. The City may enforce violation of these items, including with appropriate fines and penalties. 240
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EXHIBIT “B”

SCHEDULE OF SERVICES

1. Contactor shall furnish the Community Development Director or designee with weekly status reports, in writing, on the work completed during the week and to date. Services on one hundred percent (100%) of all lots identified on the Master List (Appendix A and B) must be completed by July 1 (of each weed abatement program year) and approved by the Community Development Director or designee. The schedule for completion of lot clearing shall be as follows:

May 15 100% completion City-owned vacant parcels
June 1 25% completion of private parcels
June 15 50% completion of private parcels
June 20 75% completion of private parcels
July 1 100% completion of private parcels

2. Initial areas of clearing of lots on or before May 15 will be directed by the Community Development Director or designee for all City-owned properties on the Master List (Appendix A and B). Priorities of location of clearing may be established by the Community Development Director or designee.

WEEKLY SCHEDULE
 Weekly schedule forms shall be provided by the Consultant indicating the major Services to be performed in accordance with the Agreement and delineating the time frames for accomplishment by day of week and by morning and afternoon.  The Consultant shall complete the schedule for each item of work and each area of work.  The initial schedule shall be submitted one week prior to the effective date of the Agreement. Thereafter, it shall be submitted weekly on Thursday mornings.  Changes to the schedule must be received by the Community Development Director or designee at least 24 hours prior to the scheduled time for the work.  Failure to notify of a change and/or failure to perform an item or work on a scheduled day may result in deduction of payment for that date or week.  The Consultant shall adjust schedules to avoid performing Services on City holidays.

PERFORMANCE ON SCHEDULE
All work shall be completed on the day scheduled as shown on the weekly schedule.

WORKING HOURS
General working hours shall be between the hours of 7:00 AM and 5:00 PM, Monday through Friday.

Weekend or City holiday work is only to be scheduled with prior written permission from the City, or in emergency situations as directed by the City.
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EXHIBIT “C”

INSURANCE REQUIREMENTS

3.2.12 Insurance.

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one ensured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. 242
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(D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. (E) Cyber Liability Insurance with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

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

Additional Ensured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. 243
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3.2.12.4 Professional Liability (Errors & Omissions):
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the ensured and include a provision establishing the insurer’s duty to defend.

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

3.2.12.8 Deductibles and Self-Ensured Retentions. Any deductible or selfensured 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-ensured retention.

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

COMPENSATION
In full compensation for the Services provided under the Agreement, the City shall pay the Consultant for actual work performed. The total compensation under the Agreement shall not exceed $256,060.00. There are no reimbursable expenses under this Agreement.

City of San Clemente
2025 Weed Abatement Contract Services Fee Schedule
Fee Description of Task Total Per Year
$250.00 Per
Lot
MOWING: Abate lots LESS THAN one acre. $2,500.00
$250.00 Per
Acre
MOWING: Abate lots MORE THAN one acre.
$3,000.00
$75.00 Per
Yard
Remove rubbish, including disposal.
$3,500.00
$35.00 Per
Hour, Per Man
Cost to abate 24 City Reservoirs, Pumping
Stations, as described in Appendix B.
$36,400.00
$35.00 Per
Hour,Per Man
Cost to Abate 62 City Properties, as
described in Appendix A.
$96,600.00
$35.00 Per
Hour, Per Man
Cost to Abate non-compliant privately
owned properties.
$18,060.00
$70.00 {2
Person Staff at
$35.00 Per
Person, Per
Hour
All Administrative tasks pursuant to the
contract requirements.
$21,000.00
$35.00 Per
Hour,Per Man
OCFA-recommended defensible space
clearing on City owned properties as
described in Appendix C
$75,000.00
Cost to respond to requests by the City to
provide accelerated services.

0.00 TOTAL LUMP SUM: $256,060.00
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*Consultant crews are required to be fully trained regarding the location of all properties and the weed abatement requirements set forth by the City of San Clemente.

The Consultant shall report their charges as follows:
 M – Mowing
 HW – Handwork
 R – Rubbish Removal
 EM – Extension Mowing
The above designations shall appear on the Consultant’s worksheets and final billing, indicating the type of work and the changes proposed to be assessed on each parcel.

In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Long Beach-Anaheim, CA. In the event that the Consumer Price Index, All Urban Consumers, Los Angeles-Long Beach-Anaheim, CA (CPI-U), as published by the U.S. Bureau of Labor Statistics, is discontinued or no longer available, the City will identify, in its sole discretion, a comparable substitute index to the CPI-U that most closely reflects the changes in the cost of living for the region. 247
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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-ensure 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.

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

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL

SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.

Dated:

By:

Edwin W. Stewart
CEO and CFO
944 Calle Amanacer, Suite M
San Clemente, CA 92673
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APPENDIX A – MASTER CITY VACANT PARCELS LIST

CITY OF SAN CLEMENTE
City Properties
APN Location
057-052-00 Sierra Street
057-052-10 El Oriente Canyon
057-053-40 Caballeros Easement
057-061-00 La Questa Easement
057-070-00 Patero De Oro Alley
057-081-00 Patero De Oro Easement
058-133-00 Puente Drain Easement
060-010-00 Shooting Range Knoll
060-010-40 Calle Bahia
060-065-00 Magdalena
060-083-00 Pendleton Line
060-142-00 Calle Bahia Drain Easement
060-172-00 Del Presidente/Mendocino Easement
060-183-00 Del Presidente/West Magdalena
675-321-00 Andalucia Fire Break
678-161-04 Avenida La Pata (behind Target)
678-162-01 Avenida La Pata
678-163-01 La Pata/Vista Hermosa corner lot,
fire deptslopes and mowing.
678-165-01 La Pata
679-152-03 Camino Vera Cruz
679-161-31 Vista Hermosa/Turqueza
680-581-01 Los Mares Drain Easement
688-101-00 Presidio Canyon
690-012-00,01,02 City Hall Lots
690-031-32 & Avenida Cordoba Easement
690-085-14 Avenida Cordoba Easement
690-111-06 Calle Dorado Slope
690-111-07 Calle Dorado Slope
690-152-00 Pres. Heights easement - Adobe St.
690-241-01 (City Owned) Inland Acapulco Canyon
690-260-02 San Pablo Easement - Upper
690-260-03 San Pablo Easement - Lower
690-260-04 San Pablo Canyon
690-260-05 San Pablo Canyon
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APPENDIX A – MASTER CITY VACANT PARCELS LIST
690-260-06,07 Acapulco Park Site
690-282-36 Empalme Easement
690-411-00 Alcazar
690-412-00 Avenida Verde Drain Easement
690-552-06 Calle Extremo area
690-552-06 Avenida La Pata area
690-552-06 Lot next to skate park
690-661-09 C.A.R.E.S.
690-661-20 C.A.R.E.S.
691-211-00 Calle Vista Torito
691-211-02 Calle Vista Torito
691-253-01 Calle Montecito
691-253-02 Calle Montecito
691-311-00 Camino San Clemente (oleander bushes)
691-322-01 Calle Grande Vista
692-011-00 Linda Lane Easement
692-092-00 La Paloma/Mariposa Easement
692-102-24 De La Estrella Canyon
692-212-20 (City Owned) Antonio Coastal Canyon
692-252-00 Trafalgar Canyon
692-252-22 Trafalgar Lane
692-401-00 Alley de la Estrella (behind Volare hotel)
692-411-00 Cadiz Easement
701-361-02 Avenida La Pata
701-361-17 Avenida La Pata
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APPENDIX B – MASTER CITY FACILITIES/PUMP STATION/RESERVOIR SITES APN_12 SITUS OWNER PUMP_ST RESERVOIR
675-170-27 9 VIA FLORITAS SEA POINTE ESTATES HOMEOWNERS RESERVOIR #10 SEA POINTE 675-102-29 722 CALLE LOS OLIVOS HILLS, OCEAN ASSN AGUA PUMP STATION 679-242-05 4161 COSTERO RISCO CITY OF SAN CLEMENTE RESERVOIR #14 COSTERO RISCO 675-321-03 3895 CALLE ANDALUCIA CITY OF SAN CLEMENTE RESERVOIR #6 ANDALUCIA 680-242-01 2948 VIA BLANCO THE THOMAS W LOREN & TEDDI JO BLANCO PUMP STATION 679-242-06 4159 COSTERO RISCO LAING FORSTER RANCH II LLC RESERVOIR #9 COSTERO RISCO 675-223-18 612 CALLE REAL PRITCHARD, GARY M CALLE REAL PUMP STATION 679-171-06 2166 CAMINO LAUREL CITY OF SAN CLEMENTE HERMOSA PUMP STATION 680-521-04 3017 EMINENCIA DEL NORTE CITY OF SAN CLEMENTE DEL NORTE PUMP STATION RESERVOIR #13 DEL NORTE 680-161-08 618 CALLE REATA COAST, HOMEOWNERS ASSN REATA PUMP STATION RESERVOIR #7 REATA 057-053-41 102 AVENIDA CABALLEROS CITY OF SAN CLEMENTE PALIZADA PUMP STATION 057-053-40 102 AVENIDA CABALLEROS ANTHONY, CHRISTIE PALIZADA PUMP STATION 688-022-01 1000 AVENIDA PICO CITY OF SAN CLEMENTE PICO PUMP STATION 057-072-27 208 EL LEVANTE CITY OF SAN CLEMENTE EL LEVANTE PUMP STATION RESERVOIR #3 EL LEVANTE 690-502-12 769 AVENIDA SALVADOR RANCHO SAN CLEMENTE COMMUNITY RESERVOIR #5A SALVADOR 690-502-16 721 AVENIDA SALVADOR CITY OF SAN CLEMENTE CITYHALL RESERVOIR #5 SALVADOR 688-071-02 200 CALLE CORDILLERA CITY OF SAN CLEMENTE CORDILLERA PUMP STATION RESERVOIR #11 CORDILLERA 057-232-10 419 AVENIDA SALVADOR CITY OF SAN CLEMENTE SALVADOR PUMP STATION RESERVOIR #4 SALVADOR 690-392-08 602 VIA PROMONTORIO CITY OF SAN CLEMENTE ACAPULCO PUMP STATION RESERVOIR #8 ACAPULCO 690-260-02 609 AVENIDA SAN PABLO CITY OF SAN CLEMENTE SCHLEGEL PUMP STATION RESERVOIR SCHLEGEL 690-531-10 62-1/2 VIA SANTA MARIA CITY OF SAN CLEMENTE SANTA MARIA PUMP STATION RESERVOIR #12 SANTA MARIA 690-012-05 170 AVENIDA PRESIDIO SAN CLEMENTE 26 LLC PRESIDIO PUMP STATION 060-010-38 404 CALLE BAHIA CITY OF SAN CLEMENTE BAHIA PUMP STATION 060-083-87 404 CALLE BAHIA CITY OF SAN CLEMENTE RESERVOIR #1 BAHIA 251
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APPENDIX C - DEFENSIBLE SPACE AREA

APPENDIX C - DEFENSIBLE SPACE AREA
252
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APPENDIX C - DEFENSIBLE SPACE AREA
253
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APPENDIX C - DEFENSIBLE SPACE AREA
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-9047-3560 v2
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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 19, 2025 Agenda Item: 10F.
256
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 19, 2025 Agenda Item: 10G.
257

ELECTIONS CODE - ELEC
DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9611] ( Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) CHAPTER 3. Municipal Elections [9200 - 9295]
( Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2. )
ARTICLE 1. Initiative [9200 - 9226]
( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )
9200.

Ordinances may be enacted by and for any incorporated city pursuant to this article.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
9201.

Any proposed ordinance may be submitted to the legislative body of the city by a petition filed with the elections official of the legislative body, in the manner hereinafter prescribed, after being signed by not less than the number of voters specified in this article. The petition may be in separate sections, providing that the petition complies with this article. The first page of each section shall contain the title of the petition and the text of the measure. The petition sections shall be designated in the manner set forth in Section 9020.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)
9202.

(a) Before circulating an initiative petition in any city, the proponents of the matter shall file with the elections official a notice of intention to do so, which shall be accompanied by the written text of the initiative and may be accompanied by a written statement not in excess of 500 words, setting forth the reasons for the proposed petition. The notice shall be signed by at least one, but not more than three, proponents and shall be in substantially the following form:

Notice of Intent to Circulate Petition
Notice is hereby given by the persons whose names appear hereon of their intention to circulate the petition within the City of ____ for the purpose of ____. A statement of the reasons of the proposed action as contemplated in the petition is as follows:
(b) Any person filing a notice of intent with the elections official shall pay a fee to be established by the legislative body not to exceed two hundred dollars ($200) to be refunded to the filer if, within one year of the date of filing the notice of intent, the elections official certifies the sufficiency of the petition. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)
258
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 19, 2025 Agenda Item: (1)
259
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers

CITY OF SAN CLEMENTE
Tuesday, August 5, 2025
City Council
Special and Regular Meeting Minutes
4:00 p.m. - Closed Session
5:30 p.m. - Business Meeting
Mayor Knoblock
Mayor Pro Tem Enmeier
Councilmember Cabral
Councilmember Loeffler
Councilmember Wu
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Special and Regular Meeting of the San Clemente City Council was called to order by Mayor Knoblock on August 5, 2025 at 4:00 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT: Cabral, Enmeier, Loeffler, *Wu and Mayor Knoblock * Councilmember Wu arrived at 4:12 p.m.

STAFF PRESENT: Andy Hall, City Manager; Elizabeth Mitchell, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk

CLOSED SESSION
The City Council announced that Closed Session Item D was struck from the agenda.

Motion by Councilmember Cabral, second by Mayor Knoblock, CARRIED 4-0 (Councilmember Wu absent), to recess to Closed Session to discuss the following:

A. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Whether to initiate litigation pursuant to Government Code section 54956.9(d)(4) Number of Cases: 1
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(a)&(d)(2)
Number of Cases: 1
Facts and Circumstances per Government Code section 54956.9(e)(2):

Alleged violation of the Davis-Stirling Common Interest Development Act (Civil Code sections 4000, et seq.) as set forth in the attached letter from Angelo and Lisa Garruba.

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San Clemente City CouncilAugust 19, 2025

San Clemente City Council
August 19, 2025