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Agenda packet

San Clemente City Council
October 21, 2025

Document
Agenda packet
Meeting
October 21, 2025
Body
San Clemente City Council
Pages
28
Original file
383.7 MB
Text extracted from the city's file for reading and search. Open the original on san-clemente.legistar.com. That file is the official record.

I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-71 was adopted at a regular meeting of the City Council of the City of San Clemente held on 7th day of May 2024, by the following vote:

AYE$: DUNCAN, ENMEIER, KNOBLOCK, LOEFFLER, MAYOR CABRAL NOES: NONE
ABSENT: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this \9~ day of (Y\uj , '1-o?0 .

Approved as to form:
" ~ eth A Mitchell, City Attorney
CLERK of the City of
San Clemente, California
l
1204
Attachment 8
RESOLUTION NO. 25-67

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

COOPERATIVE PURCHASE CONSTRUCTION CONTRACT
TO G2 CONSTRUCTION, INC. FOR THE EL CAMINO REAL

CORRIDOR RUNOFF TREATMENT PROJECT IN AN
AMOUNT NOT TO EXCEED $410,000, AUTHORIZING THE

CITY MANAGER TO EXECUTE THE CONTRACT,

AUTHORIZING A RELATED APPROPRIATION AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR SECTION
15301) OF THE STATE CEQA GUIDELINES
WHEREAS, the City of San Clemente owns and operates a Municipal Separate Storm Sewer System (MS4) for the purposes of separating stormwater flows from the collection of municipal wastewater and protecting infrastructure and private property; and WHEREAS, under the National Pollutant Discharge Elimination System (NPDES), the City must comply with the conditions of a valid permit for discharges from its MS4, specifically, Order Number R9-2013-0001, as amended by Order Nos. R9-2015-0001 and R9-2015-0100, issued and enforced by the San Diego Regional Water Quality Control Board (“MS4 permit”); and
WHEREAS, the City also must comply with the 2015 Trash Amendments to the MS4 permit, which require full capture of trash greater than 5 mm in diameter in all high-traffic Priority Land Use areas; and
WHEREAS, the City intends to accomplish compliance with the Trash Amendments by “piggybacking” on the County of Orange Master Agreement with G2 Construction, Inc., which was executed for the purpose of assisting cities with such compliance, and which is permissible under California Public Contract Code section 10299 and Section XI(A)(1.4) of City Procurement Policy and Procedure No. 201-2-1; and
WHEREAS, the City finds that G2 Construction, Inc. can provide quality catch basin inserts at fair pricing and in a manner eligible for the $328,000 in previously awarded Orange County Transportation Authority (OCTA) Environmental Cleanup Program grant funding; and
WHEREAS, the City’s Clean Ocean Fund has $87,500 in additional funding available in the FY 2025-26 budget to support the grant-required 20% local match.

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

SECTION 1. That the above recitations are true and correct and incorporated herein. 1205 120
Resolution No. 25-67 Page 2
SECTION 2. That the project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of repair of existing public facilities involving no expansion of an existing use.

SECTION 3. That an appropriation of $328,000 from an OCTA Environmental Cleanup Grant to Account No. 057-543-43690-000-26802 is hereby authorized.

SECTION 4. That an exemption to competitive bidding requirements is hereby authorized and approved for and the construction contract for the El Camino Real Corridor Runoff Treatment Project, Project No. 26802, is awarded to G2 Construction, Inc. as a cooperative purchase agreement.

SECTION 5. That the City Manager is authorized and directed to execute a construction contract for the El Camino Real Corridor Runoff Treatment Project, Project No. 26802 with G2 Construction, Inc. in an amount not to exceed $410,000, in a form substantially similar to that presented to the City Council on May 20, 2025.

SECTION 6. That staff is hereby authorized and directed to take such actions as may be necessary and proper to accomplish the purposes of this resolution.

SECTION 7. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 1206 121
Resolution No. 25-67 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. 25-67 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
1207 122
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: October 21, 2025 Agenda Item: 11G.

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

CONSIDERATION OF A RESOLUTION APPROVING FIRST AMENDMENT TO

PROFESSIONAL CONSULTANT SERVICES AGREEMENT WITH PACIFIC RAILWAY ENTERPRISES, INC. FOR THE PEDESTRIAN AUDIBLE WARNING SYSTEM REHABILITATION PROJECT, PROJECT NO. 25505, TO EXTEND THE CONTRACT TERM

UNTIL THE SUCCESSFUL COMPLETION OF THE PROJECT, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE
..body THE FIRST AMENDMENT
Fiscal Impact:

There is no fiscal impact, as this request is to extend the contract term.

Summary:

Before the City Council is a Resolution (Attachment 1) to approve a First Amendment (Attachment 2) to Professional Consultant Services Agreement with Pacific Railway Enterprises, Inc. (PRE) to extend the contract term until the successful completion of the project.

The City’s current Pedestrian Audible Warning System (PAWS) is no longer supported by its original manufacturer as the company is now out of business. PRE was retained to design and develop plans to replace the aging PAWS infrastructure. Additional time is needed for PRE to complete the project and provide construction support services to OCTA during construction phase. Through a recently signed Agreement, OCTA is funding 88% of the construction costs and Southern California Railroad Authority will manage the construction of the project.

Background:

On June 7, 2024, the City successfully
renewed its waiver with the Federal
Railroad Administration (FRA) for
another five years (ending June 7, 2029)
whereby in exchange of a wayside horn
at each of seven crossings along the
beach trail, the City has deployed a
modified PAWS system.

The current electrical equipment used to
operate this system is no longer in
production as the manufacturer is no
longer in business. This has led to an
ever-increasing shortage of replaceable
1208
Meeting Date: October 21, 2025 Agenda Item: 11G.

CITY OF SAN CLEMENTE 2
parts for the PAWS system. Should the PAWS system for whatever reason cease to function, all railway traffic through the City will be utilizing horns rather than the PAWS system to provide a warning to pedestrians as trains approach the crossings.

On October 15, 2024, the City Council awarded (Attachment 3) a Professional Consultant Services Agreement to PRE to provide the City with a viable replacement and transfer of the City’s current PAWS equipment to the new system. The replaced system is from a manufacturer that has a long history of producing equipment for these purposes and will ensure readily available replacement parts in the future.

During the design phase, OCTA has agreed to pay 88% of construction cost estimated at $1.3 million and construction management for this project. This assistance will not reduce the City’s cost for design of approximately $250,000, but reduces the City’s cost for construction significantly.

Upon completion of the system re-design, OCTA staff will advertise the plans and specifications to identify a qualified contractor for the procurement and installation of the new system. PRE will continue to provide technical support during construction as needed.

Council Options:
 Adopt Resolution No. 25-162, amending the professional services agreement with PRE for the PAWS Rehabilitation project.
 Modify and adopt Resolution No. 25-162.
 Provide alternative direction.

Environmental Review/Analysis:

This project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction, 14 CCR 15302), Section 15302 of the state CEQA Guidelines because it consists of replacement or reconstruction of existing structures and facilities.

Recommended Actions:

Staff recommends that the City Council adopt Resolution No. 25-162, which would:

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

2. Authorize the City Manager to execute a First Amendment to the Professional Consultant Services Agreement with Pacific Railway Enterprises, Inc. for the Pedestrian Audible Warning System Rehabilitation Project in a form substantially similar to attached First Amendment (Attachment 2).
..recommendation
..end
1209
Meeting Date: October 21, 2025 Agenda Item: 11G.

CITY OF SAN CLEMENTE 3
Attachment:

1. Resolution No. 25-162

2. Draft First Amendment

3. City Council Agenda Report 11D dated October 15, 2024 Notification:

None.
1210
Attachment 1
4882-9904-3949 v1
RESOLUTION NO. 25-162

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, TO AUTHORIZE

THE FIRST AMENDMENT TO THE PROFESSIONAL

SERVICES AGREEMENT WITH PACIFIC RAILWAY
ENTERPRISES, INC. FOR THE PEDESTRIAN

AUDIBLE WARNING SYSTEM REHABILITATION
PROJECT, PROJECT NO. 25505 TO EXTEND THE

CONTRACT TERM UNTIL THE COMPLETION OF THE

PROJECT, AND TO AUTHORIZE THE CITY MANAGER

TO EXECUTE THE FIRST AMENDMENT
WHEREAS, on June 7, 2024 the City successfully renewed its waiver with the Federal Railroad Administration for an additional five years ending on June 7, 2029; and
WHEREAS, this waiver allows the City to enjoy the use of custom horns in place of wayside horns and train horns of passerby trains through the City; and WHEREAS, on October 15, 2024, the City Council awarded a Professional Consultant Services Agreement to Pacific Railway Enterprises, Inc. to provide the City with design of a viable replacement; and
WHEREAS, the Orange County Transportation Authority (OCTA) is now providing construction funding and Southern California Railroad Authority is providing construction management; and
WHEREAS, to continue providing design and construction related engineering support services, the City’s agreement with Pacific Railway Enterprises, Inc. needs to be extended.

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

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

SECTION 2. That an amendment to the Professional Consultant Services Agreement with Pacific Railway Enterprises, Inc. for the Pedestrian Audible Warning System Rehabilitation project to extend the contract term until the successful completion of the project is hereby approved.

SECTION 3. That the City Manager is hereby authorized to execute the 1211
Resolution No. 25-162 Page 2
4882-9904-3949 v1
First Amendment to the Professional Consultant Services Agreement with Pacific Railway Enterprises, Inc. for the Pedestrian Audible Warning System Rehabilitation in a form substantially similar to that presented to the City Council on October 21, 2025.

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

PASSED AND ADOPTED this _____ day of ____________________, 2025.

ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 1212
Resolution No. 25-162 Page 3
4882-9904-3949 v1

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. 25-162 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
1213
Attachment 2

FIRST AMENDMENT TO

PROFESSIONAL CONSULTANT SERVICES AGREEMENT FOR

PEDESTRIAN AUDIBLE WARNING SYSTEM REHABILITATION PROJECT

This First Amendment to Professional Consultant Services Agreement for Pedestrian Audible Warning System Project (this “First Amendment”) is made and entered into on this _____ day of ___________, 2025, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and Pacific Railway Enterprises, Inc., 3560 University Avenue, Suite F, Riverside, California 92501 (“Consultant”).

R E C I T A L S:

A. City and Consultant entered into that certain Professional Consultant Services Agreement for professional electrical and systems engineering and design consulting services (the “Agreement”) on or about October 15, 2024.

B. City and Consultant desire to amend the Agreement in the manner provided herein.

C O V E N A N T S:

WHEREFORE, the Parties agree as follows:

1. Section 3.2.1 of the Agreement is hereby amended by extending the Agreement termination date until successful completion of the project, unless otherwise earlier terminated as provided in the Agreement.

2. This First Amendment and the Agreement may be executed electronically with the same force and effect as original ink signatures.

3. Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
1214
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

Pacific Railway Enterprises, Inc.,
a California corporation (Consultant)
By:________________________________
Jenifer A. Seccombe, P. E
President/CEO
Dated: ___________________________
By:________________________________
Donovan Hirsch
Vice President/COO

Dated: ____________________________
1215
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
Meeting Date: October 15, 2024 Agenda Item: 11D
Submitted By: City Manager
Prepared By: Amir Ilkhanipour, Principal Civil Engineer Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A PROFESSIONAL CONSULTANT SERVICES AGREEMENT TO PACIFIC RAILWAY ENTERPRISES, INC. FOR THE PEDESTRIAN AUDIBLE WARNING SYSTEM (PAWS) REHABILITATION, CIP PROJECT NO. 25505, IN AN AMOUNT NOT TO EXCEED $248,481, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, AUTHORIZING A 10% PROJECT CONTINGENCY, AND

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

The design cost of $248,481 for the Pedestrian Audible Warning System Rehabilitation is within the approved budget of $2,000,000 from Account No. 001-617-45300-000-25505. Although, the budget may be reduced to $1,000,000 to reallocate funding to the Army Corp San Replenishment Project, anticipated at the end of the calendar year.

Summary:

The City’s current Pedestrian Audible Warning System (PAWS) is no longer supported by the original manufacturer as the company is now out of business. This has resulted in a decreasing supply of replacement inventory as parts fail. The proposed design contract with Pacific Railway Enterprises will culminate in an inventory and quantity list of necessary equipment for installation, a set of construction plans for implementation and all necessary permitting and approvals from both Southern California Regional Rail Authority (SCRRA) and Federal Railroad Administration (FRA) in preparation of equipment purchase and installation.

Before the City Council is consideration of awarding a Professional Consultant Services Agreement to Pacific Railway Enterprises, Inc. in the amount of $248,481, and authorizing the City Manager to increase the contract amount by 10%, if additional regulatory requirements or railroad permitting services become necessary for the PAWS Rehabilitation. 1 Attachment 3
1216
Meeting Date: October 15, 2024 Agenda Item: 11D

CITY OF SAN CLEMENTE
Background:

On June 7, 2024, the City successfully
renewed its waiver with the FRA for
another five years (ending June 7, 2029)
whereby in exchange for a wayside horn
at each of seven (7) crossings along the
beach trail (shown on the Location Map),
the City has deployed a modified PAWS
system. However, the current electrical
equipment used to operate the PAWS
system is no longer in production as the
manufacturer is no longer in business.

This has led to an ever-increasing
shortage of replaceable parts for the
PAWS system. Should the PAWS system
for whatever reason cease to function, all
railway traffic through the City (see
Location Map) will be utilizing their horns
rather than the PAWS system to provide a
warning to pedestrians as trains approach
the crossings.

There currently exists only one FRA preapproved sole source system manufactured by Rio Grande Pacific
Technology, Inc., which is proposed to
replace the current PAWS system. This
system is deployed across various municipalities and is the only pre-fabricated solution. By going with a pre-approved system, the City can avoid going through a lengthy custom design (approximately 2 years or more) and approval process required by both FRA and SCRRA to design a custom system. This pre-approved system would be functional and supported by this 12172
Meeting Date: October 15, 2024 Agenda Item: 11D

CITY OF SAN CLEMENTE
new manufacturer for years to come, allowing the City to pre-order and stock its inventory with much needed spare parts in the event of emergency and failures.

Design is required to utilize the existing cabinets for the control system, and interconnection with the railroad signal system. To re-design the PAWS system with modern equipment that is readily available for replacement, and to provide regulatory approval and permitting, City staff prepared a Request for Proposals, contacted local consultants and advertised it on the PlanetBids website.

On April 12, 2024, only one proposal was received from Pacific Railway Enterprises, Inc. of Riverside, CA, in the amount of $248,481, which is fair and reasonable.

Pacific Railway Enterprises Inc. was the original designer of the current PAWS system and has the expertise and qualifications to complete this project. Staff reviewed the proposal and recommends approving a contract with Pacific Railway Enterprises, Inc. for this work. Staff also recommends a 10% project contingency, which would allow the City Manager to increase the contract amount, if necessary, for any unforeseen efforts needed in securing the regulatory and railroad permits or for revised design revisions required by the regulatory agencies.

The primary purpose of the contract with Pacific Railway Enterprises, Inc. will be to provide the City with a viable replacement and transfer of the City’s current PAWS equipment to the new system and ensure that all equipment to be installed has readily available replacement parts to provide for a robust and long-living system.

Upon completion of the system re-design, staff will advertise the recommended improvements as a bid package on the PlanetBids website to identify a qualified contractor for the procurement and installation of the new PAWS system. The contract with Pacific Railway Enterprises, Inc. includes construction and installation support services.

Council Options:
 Adopt Resolution No. 24-159, awarding a Professional Consultant Services Agreement to Pacific Railway Enterprises, Inc. for the Pedestrian Audible Warning System Rehabilitation project, authorizing the City Manager to execute the agreement, approving a 10% project contingency and finding the project categorically exempt from the California Environmental Quality Act.
 Modify and adopt Resolution No. 24-159.
 Provide alternative direction.
 Do not award the contract and discontinue use of the PAWS system.

Environmental Review/Analysis:

This project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction, 14 CCR 15302), Section 15302 of the state CEQA Guidelines because it consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. 12183
Meeting Date: October 15, 2024 Agenda Item: 11D

CITY OF SAN CLEMENTE
Recommended Actions:

Staff Recommendation
Staff recommends that the City Council adopt Resolution No. 24-159, which would:

1. Determine that the project is categorically exempt from the California Environmental Quality Act under Class 2 (Replacement or Reconstruction, 14 CCR 15302), Section 15302 of the state CEQA Guidelines;

2. Award a professional consultant services agreement to Pacific Railway Enterprises, Inc. for the Pedestrian Audible Warning System Rehabilitation, CIP Project No. 25505;

3. Authorize the City Manager to execute a professional services contract (Attachment 2) with Pacific Railway Enterprises, Inc. in an amount not to exceed $248,481 for the Pedestrian Audible Warning System Rehabilitation, Project No. 25505; and,

4. Approve a 10% project contingency.
..recommendation
..end
Attachments:

1. Resolution No. 24-159

2. Draft Professional Consultant Services Agreement

3. Location Map of all established PAWS crossings
Notification:

All bidders.
12194
ATTACHMENT 1
4882-9904-3949 v1
RESOLUTION NO. 24-159

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, AWARDING A

PROFESSIONAL SERVICES CONTRACT TO PACIFIC
RAILWAY ENTERPRISES, INC. FOR THE

PEDESTRIAN AUDIBLE WARNING SYSTEM
REHABILITATION PROJECT, PROJECT NO. 25505,

AUTHORIZING THE CITY MANAGER TO EXECUTE

THE AGREEMENT IN AN AMOUNT NOT TO EXCEED
$248,481, APPROVING A 10% PROJECT

CONTINGENCY AND DETERMINING THAT THE

PROJECT IS CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) UNDER CLASS 2 (REPLACEMENT OR
RECONSTRUCTION, 14 CCR 15302), SECTION 15302

OF THE STATE CEQA GUIDELINES
WHEREAS, on June 7, 2024, the City successfully renewed its waiver with the Federal Railroad Administration for an additional five years ending on June 7, 2029; and
WHEREAS, this system is allows for the City to enjoy the use of custom horns in place of wayside horns and train horns of passerby trains through the City; and
WHEREAS, the City’s current equipment deployed for its Pedestrian Audible Warning System (PAWS) is no longer supported by its original manufacturer and the City’s inventory of spare parts is being depleted without the ability to replacement its dwindling supply; and
WHEREAS, in April 2024, the City publicly advertised for a qualified and experienced design engineer to provide an engineered solution to its PAWS system; and
WHEREAS, on April 12, 2024, staff received one responsive proposal from Pacific Railway Enterprises, Inc. in the amount of $248,480.89 for the design, permitting, bid support and construction support services of the rehabilitation of the City’s PAWS system; and
WHEREAS, Pacific Railway Enterprises, Inc. has the expertise and qualifications to perform the work and its price is fair and reasonable.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
12205
Resolution No. 24-159 Page 2
4882-9904-3949 v1
SECTION 1. That the above recitations are true and correct and incorporated fully herein.

SECTION 2. That based on substantial evidence in the record as a whole, the project is hereby determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction, 14 CCR 15302), Section 15302 of the state CEQA Guidelines because it consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced, will have substantially the same purpose and capacity as the structure replaced, and will not have a direct or foreseeably indirect substantial impact on the environment.

SECTION 3. That the City Manager is authorized and directed to execute a professional services contract for the Pedestrian Audible Warning System Rehabilitation, CIP Project No. 25505, with Pacific Railway Enterprises, Inc. in an amount not to exceed $248,480.89, in a form substantially similar to that presented to the City Council on October 15, 2024.

SECTION 4. That a 10% project contingency is hereby approved and the City Manager is authorized to use the same as may be necessary and proper, including executing a contract amendment should it be necessary, for any unforeseen efforts needed in securing the regulatory and railroad permits.

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

PASSED AND ADOPTED this _____ day of ____________________, 2024.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
12216

Page 3 ends

4882-9904-3949 v1
)
) §
Resolution No. 24-159

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. 24-159 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
12227
1 55452.01100\31193624.5

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 Pacific Railway Enterprises, Inc., a California corporation, with its principal place of business at 3560 University Avenue, Suite F, Riverside, CA 92501 ("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 electrical and systems engineering and design 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 electrical and systems engineering and design 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 electrical and systems engineering and design consulting services for the Pedestrian Audible Warning System Rehabilitation project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional electrical and systems engineering and design consulting services 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 October 20, 2024 to October 20, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The 12238
2 55452.01100\31193624.5
Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under 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.
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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: Jason Seccombe, Vice President

3.2.7 City's Representative. The City hereby designates Amir Ilkhanipour, Principal Civil Engineer, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by 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 Jason Seccombe, Vice President, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement.

The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

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

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed 122510
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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.

3.2.12 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 Two Hundred and Forty-Eight Thousand, Four Hundred and Eighty Dollars and Eight-Nine Cents ($248,480.89) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
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3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless 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 written authorization from the City.

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

3.3.6 Labor Code Requirements.

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

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

3.4 Accounting Records.

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

3.5.1 Termination of Agreement.

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

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

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

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

Consultant: Pacific Railway Enterprises, Inc.
3560 University Avenue, Suite F
Riverside, CA 92501
ATTN: Jason Seccombe, Vice President
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Laura Campagnolo, City Clerk/Amir Ilkhanipour,
Principal Civil Engineer
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 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 122813
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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 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, 122914
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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 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. 123015
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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 rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

3.5.20 Labor Certification. By its signature hereunder, 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 123116
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provisions stipulated in this Agreement.

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

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

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization
Pacific Railway Enterprises,
Inc., a California corporation
(“CONSULTANT”)
By:_____________________________
Jennifer Seccombe, CEO
Dated: __________________, 20____
By:_____________________________
Donovan James Hirsch, Secretary
Dated: __________________, 20____
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EXHIBIT "A"

SCOPE OF SERVICES
Consultant shall perform the following services for the City (collectively, the “Services”):
 Participate in preliminary start-up meetings
 60% Design
o Complete a 60% design package which shall include in-progress circuit plans detailing major equipment and their layout, draft specifications and a preliminary cost estimate.
o The specifications will outline requirements for responsive bidders. o Operations and Maintenance Manuals provisions will be drafted. o The design will leverage existing wayside electronic signs and pedestrian horn bollards.
o Modifications to the Southern California Regional Rail Authority (SCRRA) crossing houses will be incorporated in these design plans. Coordination with Positive Train Control Configuration Management changes will be addressed.  100% Design
o The Consultant will complete and provide a 100% design package that will contain a comprehensive circuit plan, detailed specifications, a refined estimate of the work scope for construction. This package will serve as the City’s full documentation for bidding.
 Final Signed Documents
o Any final edits of the 100% design package will be made and a final signed package will be prepared and provided to the City.
 Bidding Phase
o Provide up to 15 hours of Bid Support
 Design Support During Construction
o Provide up to 30 hours of Construction support and 15 hours of record drawing preparations
 Construction Inspection
o Provide up to 32 days of inspection during construction phase.

Specific tasks included in the Services are further detailed in Exhibit D of this Agreement. 123318
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EXHIBIT "B"

SCHEDULE OF SERVICES
Consultant shall diligently perform the services to the City’s satisfaction. Per Section 3.1.2 of this Agreement, the term of this Agreement shall be from October 20, 2024 to October 20, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 123419
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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, 123520
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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 123621
55452.01100\31193624.5
insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

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

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

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

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

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

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

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

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

3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
123823
55452.01100\31193624.5
EXHIBIT “D”

COMPENSATION
In full compensation for the Services rendered by the Consultant under the Agreement, the City shall pay the Consultant for each task as completed in the amount indicated below.

Service Compensation
Initial Project Meeting
 Kick off meeting and initial coordination efforts
$3,024.84
60% Design
 In-Progress circuit plans detailing major equipment and their layout
 Modifications to SCRRA crossing houses will be incorporated as-needed
 Coordination with Positive Train Control Configuration Management changes will be addressed
 Produce draft specifications to outline requirements to responsive bidders
 Warranty requirements to be specified
 Operations and Maintenance Manual provisions to be
detailed
$87,965.03
100% Design
 Comprehensive circuit plans to be completed
 Complete specifications to be further refined
 A refinement of the estimate of scope of work for construction and all other items in 60% Design to be completed
$66,600.68
Final Signed Documents
 Any remaining comments after 100% design to be resolved  Final signed documents to be prepared and provided
$20,532.68
Bidding Phase Support
 Provide up to 15 hours of Bidding support
$5,041.40
Construction Phase Support (Design Services)
 Provide up to 30 hours of Construction support
 Provide up to 15 hours of Record Drawing preparation
$9,984.90
Construction Inspection Services
 Provide up to 32 days of construction inspection
$55,331.35
Total $248,380.89
123924
55452.01100\31193624.5
WORKER’S COMPENSATION INSURANCE CERTIFICATION

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

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

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

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.
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55452.01100\31193624.5
Dated: ________________________, 20____
________________________________
(“CONSULTANT”)
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
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Dije Court
El Portal
Corto Lane
Pier
T-Street
Lost Winds
Calafia
P.N. 25505
I
0 650 1,300 2,600
Feet
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Tel: (949) 361-3600
Fax: (949) 361-8316
City of San Clemente LOCATION MAP

PEDESTRIAN AUDIBLE WARNING

SYSTEM REHABILITATION
ATTACHMENT 3
S:\cu\public\C
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S\GIS\GIS
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Printable Maps\Location Maps\2024\P
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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: October 21, 2025 Agenda Item: 11H.

Submitted By: Public Works
Prepared By: Shawn Ryan, Deputy Public Works Director
Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO VICON ENTERPRISE, INC. FOR THE DIGESTER NO. 2 STRUCTURAL AND MECHANICAL REHABILITATION, CIP PROJECT NO. 12204, IN AN AMOUNT NOT TO EXCEED $715,000,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT, AND FINDING THE

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

The estimated total construction cost of $758,000 is within the approved budget amount of $971,000 from the Sewer Fund Depreciation Reserve, Account Number 054-476-45300-000- 12204.

Summary:

Before the City Council is the award of a construction contract to Vicon Enterprise, Inc. in an amount not to exceed $715,000, for the Digester No. 2 Structural and Mechanical Rehabilitation Project.

Digester No. 2 at the City’s Water Reclamation Plant was recently cleaned, inspected and readied for mechanical rehabilitation. Sludge Holding Tank No. 1 is partially full of material, needs to be drained, cleaned and inspected along with replacement of several mechanical components.

Background:

The City’s Water Reclamation Plant was expanded
and rehabilitated in the early 1990’s. Digester No.
2 is one of two anaerobic digesters designed to
biologically process wastewater sludge, received
from the chemical and mechanical treatment
processes, to reduce the volume of waste requiring
landfill disposal. Digester No. 2 was recently
cleaned and inspected. Based on the evaluation
and age of materials, two gas filters and 20 valves
ranging in size from 6” to 16” in diameter need to
be replaced.

Digester No. 2
1243
Meeting Date: October 21, 2025 Agenda Item: 11H.

CITY OF SAN CLEMENTE 2
Sludge Holding Tank No.1 is one of two storage tanks
that feeds sludge, in a controlled manner, to the
centrifuge equipment for efficient dewatering before
sludge is loaded on trucks for proper composting of
the material. Sludge Holding Tank No. 1 has
accumulated a significant amount of residual waste
since it has been in service for nearly 35 years, which needs to be removed before the tank can be cleaned
for internal inspection and condition assessment. Old
equipment, including 11 valves and a sediment trap, is
at the end of its useful life and needs to be replaced. In addition, a new liquid level monitoring system will be
installed to improve operational efficiency.

Sludge Holding Tank No. 1
Upon preparation of a bid package, City staff published a notice inviting bids in the SC Times, advertised a bid solicitation on the Planet Bids, and notified local contractors. Bids were received on August 28, 2025, and the results are presented in Table 1 below. Bids ranged from $715,000 to $949,148 and there were no bidders based in San Clemente. The lowest responsive and responsible bidder is Vicon Enterprise, Inc. of Anaheim, California with a total bid amount of $715,000.

Table 1. Bidder’s Summary
Company Name Company Location Amount ($)
Vicon Enterprise, Inc. Anaheim, CA 715,000.00
M.P. Environmental Services Bakersfield, CA 716,185.00
mmc Inc. La Palma, CA 894,000.00
SCW Contracting Corp. Fallbrook, CA 949,148.00
Based on the lowest responsive and responsible bidder, a summary of the estimated construction cost is provided in Table 2. Below:

Table 2. Expenditure Summary
Construction Management and Inspection $43,000
Construction $715,000
Total Estimated Construction Cost $758,000
As required by City policy and state law, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 2).

Project plans and specifications are on file in the City Clerk’s Office. 1244
Meeting Date: October 21, 2025 Agenda Item: 11H.

CITY OF SAN CLEMENTE 3
Council Options:
 Adopt Resolution No. 25-163, awarding the construction contract to Vicon Enterprise, Inc, authorizing the City Manager to execute a construction contract in an amount not to exceed $715,000, and finding the project categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.  Modify and adopt Resolution No. 25-163.
 Continue the item with direction to provide additional information.  Do not award the contract or perform the work on Digester No. 2 Structural and Mechanical Rehabilitation.

Environmental Review/Analysis:

This project is exempt from the California Environmental Quality Act under Class 1 (Existing Facilities, 14 CCR 15301) of the state CEQA Guidelines because it consists of the operation, repair, maintenance, or minor alteration of existing public structures, facilities or mechanical equipment involving no expansion of an existing use.

Recommended Actions:

Staff recommends that the City Council adopt Resolution No. 25-163, which will:
..recommendation

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

2. Award the Digester No. 2 Structural and Mechanical Rehabilitation, CIP Project No. 12204, contract to Vicon Enterprise, Inc.; and

3. Authorize the City Manager to execute a contract with Vicon Enterprise, Inc. in an amount not to exceed $715,000 and in a form substantially similar to Contract No. C25-52 (Attachment 2) for the Digester No. 2 Structural and Mechanical Rehabilitation, CIP Project No. 12204. ..recommendation
..end
Attachment:

1. Resolution No. 25-163

2. Contract No. C25-52 (without attachments)
Notification:

All bidders.
1245
Attachment 1
4882-9904-3949 v1
RESOLUTION NO. 25-163

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

CONSTRUCTION CONTRACT TO VICON ENTERPRISE,
INC., TO PERFORM DIGESTER NO. 2 STRUCTURAL AND
MECHANICAL REHABILITATION, CIP PROJECT NO.
12204, IN AN AMOUNT NOT TO EXCEED $715,000,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

CONTRACT AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA

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

THE STATE CEQA GUIDELINES
WHEREAS, the City owns and operates a Water Reclamation Plant to physically and biologically treat wastewater generated from the City’s service area and Santa Margarita Water District’s Talega area through a contractual obligation; and WHEREAS, Digester No. 2 and Sludge Holding Tank No. 1 are utilized for processing of solid waste and are in need of rehabilitation; and
WHEREAS, the City conducted formal competitive bidding for the Digester No. 2 Structural and Mechanical Rehabilitation, Project No. 12204 (Project); and WHEREAS, on August 28, 2025, the City received four bids ranging from $715,000 to $949,148 for the Project; and
WHEREAS, the Vicon Enterprise, Inc. was the lowest responsive and responsible bidder with a bid of $715,000.

NOW, THEREFORE, the City Council of the City of San Clemente hereby finds, determines, and resolves as follows:

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

SECTION 2. Based upon a review of the record as a whole, that the project is hereby determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of repair of existing public facilities involving no expansion of an existing use and there is no possibility of a direct or reasonably foreseeable indirect substantial impact on the environment.

SECTION 3. That the Construction Contract Agreement for the Digester No. 2 Structural and Mechanical Rehabilitation, CIP Project No. 12204 is awarded to Vicon Enterprise, Inc.
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Resolution No. 25-163 Page 2
4882-9904-3949 v1
SECTION 4. That the City Manager is authorized and directed to execute a construction contract for the Digester No. 2 Structural and Mechanical Rehabilitation, CIP Project No. 12204 with Vicon Enterprise, Inc. in an amount not to exceed $715,000, in a form substantially similar to that presented to the City Council on October 21, 2025.

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

PASSED AND ADOPTED this _____ day of October, 2025.
____________________________
Steve Knoblock Mayor of the City
of San Clemente, California
ATTEST:
__________________________
CITY CLERK of the City of
San Clemente, California
1247
Resolution No. 25-163 Page 3
4882-9904-3949 v1

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. 25-163 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of October 2025, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. _______________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
1248
Attachment 2
SECTION 00500

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

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

Digester No.2 Structural and Mechanical Rehabilitation
PN 12204
The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

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

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract and the Work, which includes everything that is reasonably foreseeable related thereto, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Seven Hundred Fifteen Thousand Dollars ($715,000.00). Payment shall be made as set forth in the General Conditions.

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

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

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

Notice Inviting Bids
Instructions to Bidders
Bid Form
1249
SECTION 00500

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

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

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

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

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

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

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures. 1250
SECTION 00500

CONTRACT

CITY OF SAN CLEMENTE
By:_______________________________
Andy Hall, City Manager
ATTEST: Dated: __________________, 2025
_____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization

Vicon Enterprise, Inc.
(Contractor)
_____________________________
By: Telvis Artis, President
It’s: President
Dated: __________________, 2025
_____________________________
BY: Frank Lobos, Vice President
It’s: Vice President
Dated: __________________, 2025

END OF CONTRACT
1251
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: October 21, 2025 Agenda Item: 11I.

Submitted By: Public Works
Prepared By: Ryan Kim, Senior Civil Engineer- Traffic
Zak Ponsen, Assistant City Engineer
Dave Rebensdorf, Public Works Director/City Engineer
Subject:
..titl e

CONSIDERATION OF A RESOLUTION APPROVING THE MODIFIED PEDESTRIAN REFUGE

ISLAND DESIGN IMPROVEMENTS, AWARDING A CONSTRUCTION CONTRACT TO GENTRY GENERAL ENGINEERING, INC. FOR CAMINO MIRA COSTA MEDIAN ISLAND, CIP PROJECT NO. 15323, IN AN AMOUNT NOT TO EXCEED $74,846.00, AUTHORIZING THE CITY

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

The estimated total construction cost of $82,330 is within the approved budget of $150,000 adopted in FY 2024/2025 from the Gas Tax RMRA Fund, Account Number 011-864-45300-000- 15323. The total construction cost includes staff time for project management and inspection.

Summary:

Before the City Council is the award of a construction contract to Gentry General Engineering, Inc., in an amount not to exceed $74,846, for the Camino Mira Costa Median Island project and approval of a modified design.

Background:

The Camino Mira Costa Island project aims to create more opportunities for pedestrians to cross Camino Mira Costa to and from Mira Costa Park. The raised median islands are not considered a formal crosswalk, but create a safer refuge spot when pedestrians are crossing wide streets. The medians are also considered a form of traffic calming, and should result in a decreased speed for vehicles travelling on Camino Mira Costa.

On March 4, 2025, City Council approved Resolution 25-24 which approved the pedestrian refuge island design. That design included advanced warning striping in the bike lanes for ‘pedestrian crossing ahead’. Staff is requesting to modify the design by not including these markings since such markings are not typical in bike lanes and may lead to confusion for drivers of vehicles that may think the bike lanes may appear to be vehicle travel lanes. Staff is also proposing to modify the project design by adding an advanced warning flashing beacon to the utility pole in each direction to notify drivers and bicyclist prior to entering the median area. See Attachment 4 for modified project design.
1252
Meeting Date: October 21, 2025 Agenda Item: 11I.

CITY OF SAN CLEMENTE 2
Location Map Existing Street
On September 11, 2025, staff published a notice inviting bids for this project in the SC Times, published a bid solicitation on PlanetBids, and notified local contractors. Bids were opened on October 6, 2025, and the results are presented in the table below. Bids ranged from $74,846 to $119,197. There were no bidders from businesses based in San Clemente.

The lowest responsive and responsible bidder is Gentry General Engineering, Inc., of Colton, California, with a total bid amount of $74,846.

Table 1. Bid Summary
Company Name Company Location Amount
Gentry General Engineering, Inc. Colton, CA $74,846.00
Asad Holdings LLC dba Orange
Blue General Contractors
Laguna Hills, CA $79,364.00
Oppenheimer National San Juan Capistrano, CA $99,612.76 Van Engineering Wildomar, CA $119,197.00
Based on the lowest bid, the total estimated project construction cost is $82,330, as summarized below in Table 2:

Table 2. Cost Summary
Construction Management and Inspection $7,484
Construction $74,846
Total Estimated Construction Cost $82,330
1253
Meeting Date: October 21, 2025 Agenda Item: 11I.

CITY OF SAN CLEMENTE 3
As required by state law and City policy, Gentry General Engineering, Inc. will be required to provide performance and payment bonds simultaneously with the execution of the construction contract (Attachment 3). Project plans and specifications are on file in the City Clerk’s office.

Council Options:
 Adopt Resolution No. 25-164 (Attachment 2), awarding the Camino Mira Costa Median Island contract to Gentry General Engineering, Inc., authorizing the City Manager to execute a construction contract in an amount not to exceed $74,846, approving a modified design and finding the project categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.  Modify and adopt Resolution No. 25-164.
 Continue the item and direct staff to provide additional information.  Do not award the contract or construct the street maintenance.

Environmental Review/Analysis:

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

Recommended Actions:
..recommendation
Staff recommends that the City Council adopt Resolution No. 25-164, which will:
..recommendation

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

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

3. Award the Camino Mira Costa Median Island, CIP Project No. 15323, construction contract to Gentry General Engineering, Inc. as lowest responsible and responsive bidder; and

4. Authorize the City Manager to execute a contract with Gentry General Engineering, Inc., in an amount not to exceed $74,846, in a form substantially similar to Contract No. 25-53 (Attachment 3) for the Camino Mira Costa Median Island, CIP Project No. 15323 ..end 1254
Meeting Date: October 21, 2025 Agenda Item: 11I.

CITY OF SAN CLEMENTE 4
Attachment:

1. Location Map

2. Resolution No. 25-164

3. Contract No. C25-53

4. Modified Project Design
Notification:

All bidders
Residents within 300 feet were hand delivered notices that included the addition of flashing beacons to the advanced warning signage.
1255
1256
Attachment 2
RESOLUTION NO. 25-164

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING THE

MODIFIED PEDESTRIAN REFUGE ISLAND DESIGN

IMPROVEMENTS, AWARDING A CONSTRUCTION
CONTRACT TO GENTRY GENERAL ENGINEERING, INC.,

TO PERFORM CAMINO MIRA COSTA MEDIAN ISLAND,
CIP PROJECT NO. 15323, IN AN AMOUNT NOT TO
EXCEED $74,846, AUTHORIZING THE CITY MANAGER TO

EXECUTE THE CONTRACT AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA

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

THE STATE CEQA GUIDELINES
WHEREAS, on March 4, 2025, the City Council approved Resolution 25-24 and the project design for the Camino Mira Costa Median Island, CIP Project No. 15323 (Project); and
WHEREAS, the project design is proposed for slight modification by removing the ‘Pedestrian Crossing Ahead’ striping from the bike lanes and including flashing beacons on the advance warning signs ahead of the Project area; and WHEREAS, the City conducted formal competitive bidding for the Project; and WHEREAS, on October 6, 2025, the City received four responsive bids ranging from $74,846 to $119,197 for the Project; and
WHEREAS, Gentry General Engineering, Inc. was the lowest responsive and responsible bidder with a bid of $74,846.

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

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

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

SECTION 3. That the modified design concepts for the pedestrian refuge median island and the associated improvements at the Mira Costa Park location on Camino Mira Costa are approved as presented to the City Council on October 21, 2025. 1257
Resolution No. 25-164 Page 2
SECTION 4. That the lowest responsive and responsible bidder was Gentry General Engineering, Inc., in the amount of $74,846, and the Construction Contract Agreement for the Camino Mira Costa Median Island, CIP Project No. 15323, is hereby awarded to Gentry General Engineering, Inc.

SECTION 5. That the City Manager is authorized and directed to execute a construction contract for the Camino Mira Costa Median Island, CIP Project No. 15323 with Gentry General Engineering, Inc. in an amount not to exceed $74,846, in a form substantially similar to that presented to City Council on October 21, 2025.

SECTION 6. That the City Manager is authorized and directed to take such other and further actions as are necessary and proper to accomplish the purposes of this resolution and complete the project.

SECTION 7. 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 October, 2025.

ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 1258
Resolution No. 25-164 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. 25-164 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of October, 2025, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ___________, _______. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
____________________________
Elizabeth A. Mitchell, City Attorney
1259
Attachment 3
SECTION 00500

CONTRACT

THIS CONSTRUCTION CONTRACT CAMINO MIRA COSTA MEDIAN ISLAND, CIP PROJECT NO. 15323 is made this _____ day of _________, 2025, in the County of Orange, State of California, by and between the City of San Clemente, a municipal corporation (“City”), and Gentry General Engineering, Inc., a California corporation with its principal place of business at 320 W.

Tropica Rancho Road, Colton, California 92324 (“Contractor”). City and the Contractor for the considerations stated herein agree as follows:

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

Camino Mira Costa Median Island, Project No. 15323
The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 20 working days from the commencement date stated in the Notice to Proceed.

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

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract and the Work, which includes everything that is reasonably foreseeable related thereto, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Seventy-Four Thousand Eight Hundred Forty-Six Dollars ($74,846.00). Payment shall be made as set forth in the General Conditions.

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

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

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

Notice Inviting Bids
1260
Instructions to Bidders
Bid Form
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Non-Collusion Declaration Form
Contractor Information and Experience Form
List of Subcontractors Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

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

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

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

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at CITY CLERK, CITY OF SAN CLEMENTE or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.
[SIGNATURES ON FOLLOWING PAGE]
1261
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

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

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization
Gentry General Engineering, Inc.,
a California corporation
(“CONTRACTOR”)
By:_____________________________
Brenton Gentry, Chief Executive
Officer, Chief Financial Officer, &
Secretary
Dated: __________________, 20____

END OF CONTRACT
1262
1263
1264
1265
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: October 21, 2025 Agenda Item: 11J.

Submitted By: Public Works
Prepared By: Dustin Burnside, Utilities Manager
Subject:
..titl e
CONSIDERATION OF A RESOLUTION ADOPTING THE 2025 SEWER SYSTEM

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

REQUIREMENTS, AUTHORIZING THE CITY MANAGER AND THE UTILITIES MANAGER TO

APPROVE ANY FURTHER MINOR UPDATES TO THE PLAN, AND FINDING THE PROJECT CATEGORICALLY ..body EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Fiscal Impact:

None.

Summary:

The Statewide General Waste Discharge Requirements General Order for Sanitary Sewer Systems (WDR-SSS) requires the City’s Sewer System Management Plan (SSMP) be updated periodically to ensure it complies with the most current regulations and staff responsibilities. The objective of the Statewide General Waste Discharge Requirements (WDRs) is to reduce the frequency and volume of Sanitary Sewer Spills by requiring cities to properly fund, operate, maintain, and manage their wastewater collection system. The programs and plans to operate, maintain, and manage the entire wastewater collection system are adequately documented in the SSMP. The resolution before the City Council would approve the 2025 SSMP.

Background:

On May 2, 2006, the California State Water Resources Control Board (SWRCB) adopted Water Quality Order 2006-0003, requiring all public agencies that own sanitary sewer collection systems greater than one mile in length to comply with the WDR-SSS. The WDRs are the regulatory standards for agencies that own or operate sanitary sewer collection systems that collect and/or convey untreated or partially treated wastewater to a publicly owned treatment facility.

On December 6, 2022, the State Water Resources Control Board adopted a new Order 2022- 0103-DWQ, outlining updated requirements for public agencies, which went into effect beginning June 5, 2023. The new order requires each agency to adopt, certify, and upload its SSMP Update or current SSMP to the online California Integrated Water Quality System (CIWQS) Sanitary Sewer System Database to continue regulatory coverage from the previous Order. Under the new Order, the City was required to submit an updated SSMP by August 2, 2025. Staff has submitted a draft version of the SSMP to meet the mandated deadline.

The new WDR also requires the City to designate a Legally Responsible Official that has authority to ensure the enrolled sanitary sewer system(s) complies with this Order and is 1266
Meeting Date: October 21, 2025 Agenda Item: 11J.

CITY OF SAN CLEMENTE 2
authorized to serve as a duly authorized representative. The Legally Responsible Official must have responsibility over management of the Enrollee’s entire sanitary sewer system and must be authorized to make managerial decisions that govern the operation of the sanitary sewer system, including having the explicit or implicit duty of making major capital improvement recommendations to ensure long-term environmental compliance. The Legally Responsible Official must have or have direct authority over individuals that:
 Possess a recognized degree or certificate related to operations and maintenance of sanitary sewer systems, and/or
 Have professional training and experience related to the management of sanitary sewer systems, demonstrated through extensive knowledge, training and experience.

For this purpose, the Director of Public Works, the Deputy Director of Public Works, Utilities Manager, the Utilities Superintendent of Collections/Maintenance, and the Chief Operator of Collections may be designated as Legally Responsible Officials. The recommendation is to designate the Utilities Manager as the Legally Responsible Official.

The City’s last SSMP recertification was approved and adopted by the City Council on October 15, 2019. The City is required to update the SSMP to be compliant with the current mandate of the new Order 2022-0103-DWQ and update the SSMP every 6 years.

The SSMP includes the following elements:
 Sewer System Management Plan Goal and Introduction
 Organization
 Legal Authority
 Operation and Maintenance Program
 Design and Performance Provisions
 Spill Emergency Response Plan
 Sewer Pipe Blockage Control Program
 System Evaluation, Capacity Assurance, and Capital Improvements  Monitoring, Measurement, and Program Modifications
 Internal Audits
 Communication Program
If adopted by the City Council, Utilities Division staff would certify to the State Board that the SSMP is compliant with the WDRs.

Council Options:
 Adopt Resolution No. 25-165, which would adopt the 2025 Sewer System Management Plan as required under the WQ 2022-0103-DWQ Statewide Waste Discharge Requirements General Order for Sanitary Sewer Systems adopted by the State Water Resources Control Board on December 6, 2022, designate the Utilities Manager as the Legal Responsible Official, authorize the City Manager and the Utilities Manager to approve any further minor updates to the Sewer System Management Plan, and find the actions categorically exempt 1267
Meeting Date: October 21, 2025 Agenda Item: 11J.

CITY OF SAN CLEMENTE 3
from the California Environmental Quality Act (CEQA) under Class 8 of the State CEQA Guidelines, Section 15308 - Actions By Regulatory Agencies for the Protection of the Environment.
 Modify and adopt Resolution No. 25-165 and request any modifications be brought before the City Council.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 25-165.

Environmental Review/Analysis:

SSMPs are primarily plans for the operations and maintenance of existing sewer systems, and their purpose is to protect public health and the environment by managing and mitigating sewer spills. While the SSMP’s may articulate the need for replacement or construction of new facilities, the plans do not constitute design approval for such facilities. Therefore, approval of the updated SSMPs is categorically exempt from the California Environmental Quality Act (CEQA) under Class 8 of the State CEQA Guidelines, Section 15308 - Actions By Regulatory Agencies for the Protection of the Environment, because it consists of 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, which allows for the operation and maintenance of existing public facilities with negligible or no expansion of use.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 25-165, which will:

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

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

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

4. Authorize the City Manager and Utilities Manager to approve any future minor updates mandated by the State Water Resources Control Board regarding the Sanitary Sewer Management Plan, Sanitary Sewer Overflow Prevention Plan and Sanitary Sewer Overflow Emergency Response Plan.
..end
1268
Meeting Date: October 21, 2025 Agenda Item: 11J.

CITY OF SAN CLEMENTE 4
Attachments:

1. Sewer System Management Plan Resolution

2. CEQA Notice of Exemption Form

3. Sewer System Management Plan Update
Notification:

None.
1269
RESOLUTION NO. 25-165

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, ADOPTING THE 2025

SEWER SYSTEM MANAGEMENT PLAN, AUTHORIZING

THE CITY MANAGER AND THE UTILITIES MANAGER TO

APPROVE ANY FURTHER MINOR UPDATES TO THE PLAN,

DESIGNATING A LEGALLY RESPONSIBLE OFFICIAL AS

REQUIRED BY THE REGIONAL WATER QUALITY
CONTROLS BOARD’S WASTE DISCHARGE

REQUIREMENTS AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT UNDER CLASS 8
(ACTIONS BY REGULATORY AGENCIES FOR THE
PROTECTION OF THE ENVIRONMENT), SECTION 15308

OF THE STATE CEQA GUIDELINES
WHEREAS, the State Water Resources Control Board (State Board) adopted Order Number 2006-0003-DWQ, Statewide General Waste Discharge Requirements for Sanitary Sewer Systems; and
WHEREAS, the State Board reissued WQ 2022-0103-DWQ Statewide Waste Discharge Requirements General Order for Sanitary Sewer Systems and was adopted by the State Board on December 6, 2022; and
WHEREAS, the Statewide General Waste Discharge Requirements for Sanitary Sewer Systems contain provisions that require sewer collection system agencies to develop programs and plans to operate, maintain, and manage the sewer collection system to ensure adequate documentation in what the Statewide General Waste Discharge Requirements for Sanitary Sewer Systems refer to as a Sewer System Management Plan; and
WHEREAS, the Statewide General Waste Discharge Requirements for Sanitary Sewer Systems requires the City designate a Legally Responsible Official that has authority to ensure the enrolled sanitary sewer system(s) complies with this Order, and is authorized to serve as a duly authorized representative; and
WHEREAS, the WDRs require that the City certify to the State Board every six years that the Sewer System Management Plan is in compliance with the Statewide General Waste Discharge Requirements for Sanitary Sewer Systems; and WHEREAS, the Sewer System Management Plan must be approved and adopted by the City Council to be in compliance with the State Board regulations.

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

SECTION 1. That the foregoing recitals are true and correct and fully incorporated Attachment 1
1270
Resolution No. 25-165 Page 2
herein.

SECTION 2. That 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 actions are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15308 (Class 8: Actions by Regulatory Agencies for Protection of the Environment) because they consist of 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, which allows for the operation and maintenance of existing public facilities with negligible or no expansion of use.

SECTION 3. That the 2025 Sewer System Management Plan is hereby adopted, certified and approved as presented to the City Council on October 21, 2025. The City Manager and Utilities Manager are hereby authorized and directed to submit such Plan to the State Water Resources Control Board and approve any future minor amendments mandated by the State Board regarding the Sanitary Sewer Management Plan, Sanitary Sewer Overflow Prevention Plan or the Spill Emergency Response Plan.

SECTION 4. That the Utilities Manager is hereby appointed to be the duly authorized representative and primary Legal Responsible Official for the City under the Regional Water Quality Controls Board’s Waste Discharge Requirements. As the Legally Responsible Official, the Utilities Manager has authority to certify that the Sewer System Management Plan complies with and shall ensure that the City’s enrolled sanitary sewer system(s) complies with Water Quality Order 2022-0103-DWQ and other applicable orders.

SECTION 5. That City staff is authorized and directed to take such other and further actions and certify and sign such documents as are necessary and proper to accomplish the purposes of this resolution.

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

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 1271
Resolution No. 25-165 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. 25-165 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
1272

Statutory Exemptions. State code number:

_______________________________________________
Notice of Exemption Appendix E
To: Office of Planning and Research From: (Public Agency): ____________________________ P.O. Box 3044, Room 113 _______________________________________________ Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:

Project Location - City: ______________________ Project Location - County:

Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:

Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date:

Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
Attachment 2
1273
Sewer System Management Plan
(SSMP)
2025 Update
Sanitary Sewer CollecƟon System
Waste Discharge ID (WDID): #9SSO10691
REVIEWED AND APPROVED BY:

DusƟn Burnside,
UƟliƟes Manager
Legally Responsible Oĸcial
City of San Clemente
Sanitary Sewer CollecƟon System
(includes Element Development Plans & Schedules)
Date Signed
$WWDFKPHQW
1274

THIS PAGE INTENTIONALLY LEFT BLANK
1275

SSMP CHANGE LOG
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. COPY THIS PAGE AS NEEDED Revision
Date
SSMP
SecƟon
Approval
Date DescripƟon of Change/Revision Made IniƟals
1276

SSMP CHANGE LOG
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. COPY THIS PAGE AS NEEDED Revision
Date
SSMP
SecƟon
Approval
Date DescripƟon of Change/Revision Made IniƟals
1277

LETTER OF COMPLIANCE
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page i City of San Clemente
AƩn: DusƟn Burnside, UƟliƟes Manager
Legally Responsible Oĸcial (LRO)
380 Avenida Pico, Bldg. N
San Clemente, CA 92672
Dear DusƟn,
We are pleased to present the new 2025 Sewer System Management Plan (SSMP) Update developed in partnership with the City of San Clemente UƟlity management and staī. The 2025 Update meets and exceeds compliance with the Reissued WDR (State Water Board, Water Quality Order No. 2022-0103- DWQ, AƩachment D-10 and SpeciĮcaƟons 5.4). The 2025 SSMP has been completely revised to harmonize with industry standard guidelines and incorporates the latest SSMP Audit Įndings.

The 2025 SSMP is a declaraƟon of what the City is doing to demonstrate full compliance with the Reissued WDR. AƩachment A of the Reissued WDR (page A-4), states “A sewer system management plan is a living document an Enrollee develops and implements to eīecƟvely manage its sanitary sewer system(s) in accordance with this General Order”. This requires the City to periodically review and update the SSMP as necessary unƟl its next required 6-year SSMP Update is completed.

To support these ongoing review and update requirements, this document includes a sample change log that may be used as a reference if a system is not already in place. We encourage you to share this example with all relevant team members responsible for implemenƟng or documenƟng SSMP revisions, to help ensure consistency, transparency, and conƟnued compliance.

We look forward to assisƟng the City wherever necessary to fully implement the new 2025 SSMP Update.

Sincerely,
James Fischer, P.E.

Principal, Fischer Compliance LLC
CredenƟaled U.S. EPA NPDES Compliance Inspector
1278

TABLE OF CONTENTS
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page ii

TABLE OF CONTENTS
INTRODUCTION.............................................................................................................................................................1 SSMP OrganizaƟon ....................................................................................................................................................3 AbbreviaƟons and Acronyms.....................................................................................................................................4

1. GOAL AND INTRODUCTION.......................................................................................................................................5

1.1. Regulatory Context .............................................................................................................................................5

1.2. SSMP Update Schedule ......................................................................................................................................6

1.3. Sewer System Asset Overview............................................................................................................................8 SpeciĮcaƟons 5.2 – SSMP Development and ImplementaƟon ...............................................................................12 SpeciĮcaƟons 5.7 – AllocaƟon of Resources ...........................................................................................................13 Provisions 6.1 – Enforcement Provisions.................................................................................................................14 Provisions 6.3 – Sewer System Management Plan Availability ...............................................................................15

2. ORGANIZATION .......................................................................................................................................................16

2.1. OrganizaƟonal Chart.........................................................................................................................................19

2.2. OrganizaƟonal Staĸng ResponsibiliƟes............................................................................................................21

2.3. Chain of CommunicaƟon for ReporƟng Spills...................................................................................................23

3. LEGAL AUTHORITY ..................................................................................................................................................25

4. OPERATION AND MAINTENANCE PROGRAM .........................................................................................................29

4.1. Updated Map of Sewer System ........................................................................................................................29

4.2. PrevenƟve OperaƟon and Maintenance AcƟviƟes...........................................................................................31

4.3. Training .............................................................................................................................................................33

4.4. Equipment Inventory........................................................................................................................................35 SpeciĮcaƟons 5.19 – OperaƟons and Maintenance................................................................................................38

5. DESIGN AND PERFORMANCE PROVISIONS .............................................................................................................41

5.1. Updated Design Criteria/ConstrucƟon Standards/SpeciĮcaƟons ....................................................................41

5.2. Procedures and Standards................................................................................................................................43

6. SPILL EMERGENCY RESPONSE PLAN .......................................................................................................................44

7. SEWER PIPE BLOCKAGE PROGRAM.........................................................................................................................47

8. SYSTEM EVALUATION, CAPACITY ASSURANCE, CAPITAL IMPROVEMENTS .............................................................53

8.1. System EvaluaƟon and CondiƟon Assessment .................................................................................................53

8.2. Capacity Assessment and Design Criteria.........................................................................................................56

8.3. PrioriƟzaƟon of CorrecƟve AcƟon ....................................................................................................................59

8.4. Capital Improvement Plan ................................................................................................................................61

9. MONITORING, MEASUREMENT, AND PROGRAM MODIFICATIONS........................................................................63

10. INTERNAL AUDITS .................................................................................................................................................65

11. COMMUNICATION PROGRAM ..............................................................................................................................67 LIST OF APPENDICES ...................................................................................................................................................69 1279

TABLE OF CONTENTS
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page iii

LIST OF FIGURES
Figure 1 – City CollecƟon System OperaƟonal Report – SWRCB CIWQS, 2010-2025 ...................................................2 Figure 2 – Sewer System Management Plan, Subsequent Update and Audit Due Dates.............................................6 Figure 3 – City Vicinity Map and Sewer Service Area .................................................................................................10 Figure 4 – City of San Clemente – UƟliƟes Department (FY 2025) OrganizaƟonal Chart ...........................................19 Figure 5 – City of San Clemente OrganizaƟon Chart...................................................................................................20 Figure 6 – Chain of CommunicaƟon for ReporƟng Spills ............................................................................................23

LIST OF TABLES
Table 1 – AbbreviaƟons and Acronyms.........................................................................................................................4 Table 2 – City Sewer ConnecƟon Flow ClassiĮcaƟons and ConnecƟons Data ............................................................11 Table 3 – ImplementaƟon ResponsibiliƟes .................................................................................................................17 Table 4 – SSMP Responsible PosiƟon Contact InformaƟon ........................................................................................18 1280

OVERVIEW
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 1 of 69 IntroducƟon
This Sewer System Management Plan (SSMP) or “Plan” has been prepared for the City of San Clemente Error! Reference source not found.(City) with technical assistance from Fischer Compliance LLC for meeƟng and exceeding compliance with the State Water Resources Control Board 2022 General Waste Discharge Requirements, Order WQ 2022-0103-DWQ for Sanitary Sewer Systems (referred to throughout this document as the WDR). The City provided all details, informaƟon and insƟtuƟonal insights for preparaƟon of the SSMP building on the City’s exisƟng 2019 SSMP and expanding required areas to ensure the City meets and exceeds all requirements of the WDR. The document has been developed to ensure the SSMP meets the size, scale, and complexity, serving as a “living document” used as a tool for managing and operaƟng the City's sanitary sewer collecƟon system as required by the WDR. AddiƟonally, the latest 2024 Sewer System Management Plan Guidance Manual published by the Bay Area Clean Water City (BACWA) was uƟlized as a model for development of the document to harmonize formaƫng/content and incorporate recommended suggested guidance wherever possible.

The City’s commitment to meeƟng or exceeding regulatory requirements, along with their proacƟve approach to operaƟon and management of the collecƟon system, has served them well, as evidenced by system performance relaƟve to other agencies in the region and the state.

Figure 1 provides key City spill metrics, including data comparing the City’s spill record with state and regional system data. The City consistently performs beƩer than the statewide and regional spill rate indices and net spill volumes for all categories of spills from its sanitary sewer collecƟon system.

This SSMP reŇects the ongoing day-to-day acƟviƟes of the CITY for the management, operaƟon, maintenance, and funding of the City’s sanitary collecƟon system. As such, this SSMP is a living document subject to constant review and revision as condiƟons and needs of the collecƟon system change. This SSMP relies on numerous supporƟng documents, which are also subject to change, which form the basis for how the City performs operaƟon and maintenance of the collecƟon system. The most current version, although it may be subject to update at any Ɵme, will be found at the UƟliƟes AdministraƟve Oĸce.
1281

OVERVIEW
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 2 of 69 Figure 1 – City CollecƟon System OperaƟonal Report – SWRCB CIWQS, 2010-2025 1282

OVERVIEW
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 3 of 69 SSMP OrganizaƟon
This SSMP is organized into 11 core elements following AƩachment D of the WDR, with inclusion of applicable SpeciĮcaƟons requirements.

Each individual element in the SSMP includes the following technical contents. υ. Requirements – Provides the actual descripƟon of applicable requirements in the WDR. φ. Compliance – Describes the City’s approach to complying with the WDR requirements. χ.EīecƟveness – As measured by Key Performance Indicators (KPIs.) ψ. ImplementaƟon – Demonstrates how the City will ensure the SSMP will be carried out as described. ω. Resilience – Demonstrates the resilience that is addressed in the SSMP and built-in to the City’s collecƟon system and procedures.
ϊ. Appendix Inclusions – List the items included in the Appendix for each SSMP Element, if any. 1283

OVERVIEW
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 4 of 69 AbbreviaƟons and Acronyms1
BMP Best Management PracƟces
CCTV Closed Circuit Television
CIP Capital Improvement Program
CIPP Cured in Place Pipe
CIWQS California Integrated Water Quality System (State Water Board Online Spill Database) CMMS Computerized Maintenance Management System
CO
ENG Engineering, referring to the City’s Engineering Department which includes Engineering, Project Management, and IT
EPA US Environmental ProtecƟon City
FOG Fats, Oils and Grease
FSE Food Service Establishment
GCD Grease Control Device
GIS Geographic InformaƟon System
DIR Public Works Director, referring to the City’s Public Works Director I & I InŇow and InĮltraƟon
LRO Legally Responsible Oĸcial
RWQCB Regional Water Quality Control Board
SCADA Supervisory Control and Data AcquisiƟon
SERP Spill Emergency Response Plan
SOP Standard OperaƟng Procedure
Spill Sanitary Sewer Spill
SSMP Sewer System Management Plan
SOCWA South Orange County Wastewater Authority
SUP Supervisor, referring to the City’s UƟliƟes Manager and/or Lead CollecƟons System Operator SUPT Superintendent
SWRCB State Water Resources Control Board
UM UƟliƟes Manager
WDID Waste Discharge ID Number (CIWQS)
WDR Sanitary Sewer Systems General Wastewater Discharge Requirements Order issued by the State Water Board (Order No. 2022-0103-DWQ)
1 For a list of additional common acronyms for collection systems and related WDR terms, see the WDR, Attachment A (page 32) Table 1 – AbbreviaƟons and Acronyms
1284

GOAL AND INTRODUCTION
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1. Goal and IntroducƟon

WDR REQUIREMENTS
AƩ. D-1 (pg. D-2)
“The goal of the Sewer System Management Plan (Plan) is to provide a plan and schedule to: (1) properly manage, operate, and maintain all parts of the Enrollee’s sanitary sewer system(s), (2) reduce and prevent spills, and (3) contain and miƟgate spills that do occur.

The Plan must include a narraƟve IntroducƟon secƟon that discusses the following items:”

1.1. Regulatory Context

WDR REQUIREMENTS
AƩ. D-1.1 (pg. D-2)
“The Plan IntroducƟon secƟon must provide a general descripƟon of the local sewer system management program and discuss Plan implementaƟon and updates”.

COMPLIANCE
The City is commiƩed to fully implemenƟng the WDR2 which includes addressing all requirements by integraƟng a wide range of programs speciĮcally designed for ensuring the integrity and eĸciency of the City’s sanitary sewer collecƟon system. Moreover, the City is dedicated to maintaining its collecƟon system in a systemaƟc manner by implemenƟng various work programs, with a focus on criƟcal areas, to prevent spills, allowing for a comprehensive approach to maintenance. Work programs include CCTV inspecƟons, pipe cleaning, manhole inspecƟons, liŌ staƟon maintenance, root control, source control and pipe repair, just to name a few. Work programs are described in more detail in SecƟon 4.5 “SpeciĮcaƟons 5.19- OperaƟon and Maintenance” of this SSMP.

By prioriƟzing proacƟve measures and taking a comprehensive approach, the City is well-equipped with a proven track record of eīecƟvely operaƟng its sanitary sewer collecƟon system with the highest levels of service, complying with the WDR, and reducing/eliminaƟng sewage spills.

EFFECTIVENESS
N/A

IMPLEMENTATION PLAN/SCHEDULE
N/A
2 State Water Resources Control Board, Statewide Waster Discharge requirements, General Order for Sanitary Sewer Systems 1285

GOAL AND INTRODUCTION
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 6 of 69

1.2. SSMP Update Schedule

WDR REQUIREMENTS
AƩ. D-1.2 (pg. D-3)
“The Plan IntroducƟon secƟon must include a schedule for the Enrollee to update the Plan, including the schedule for conducƟng internal audits. The schedule must include tones for incorporaƟon of acƟviƟes addressing prevenƟon of sewer spills.”

COMPLIANCE
The City uƟlizes the State Water Board’s online lookup tool for ensuring all required due dates for updaƟng its SSMP and compleƟng its required SSMP Audits (see chart below).

The City’s most recent SSMP audit was completed for the period Aug 2021 through Aug 2024.

Figure 2 – Sewer System Management Plan, Subsequent Update and Audit Due Dates 1286

GOAL AND INTRODUCTION
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 7 of 69

EFFECTIVENESS
The City uƟlizes the following Key Performance Indicators for measuring eīecƟveness of this Element:
x Are SSMP Audits and SSMP Updates being performed as scheduled? x Has the SSMP been approved by the governing board on the required schedule (i.e., every six years)?
x Are speciĮc internally established sewer program milestones being monitored?

IMPLEMENTATION PLAN/SCHEDULE
No. Plan Schedule Responsible Party
Dir UM Supt

1.2.1 Prepare for next SSMP Audit Begin 5/2/2027 X X X

1.2.2 Complete and Upload SSMP audit. By 11/2/2027 X

1.2.3 Incorporate Audit Findings, update Change Log
and Update SSMP 8/2/2025 X X

1.2.4 Council Approval and LRO CerƟĮcaƟon of
SSMP By 9/16/2025 X
1287

GOAL AND INTRODUCTION
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1.3. Sewer System Asset Overview

WDR REQUIREMENTS
AƩ. D-1.3 (pg. D-3)
“The Plan IntroducƟon secƟon must provide a descripƟon of the Enrollee-owned assets and service area, including but not limited to:
x LocaƟon, including county(ies);
x Service area boundary;
x PopulaƟon and community served;
x System size, including total length in miles, length of gravity mainlines, length of pressurized (force) mains, and number of pump staƟons and siphons; x Structures diverƟng stormwater to the sewer system;
x Data management systems;
x Sewer system ownership and operaƟon responsibiliƟes between Enrollee and private enƟƟes for upper and lower sewer laterals;
x EsƟmated number or percentage of residenƟal, commercial, and industrial service connecƟons; and
x Unique service boundary condiƟons and challenge(s).
x AddiƟonally, the Plan IntroducƟon secƟon must provide reference to the Enrollee’s up-todate map of its sanitary sewer system, as required in secƟon 4.1 (Updated Map of Sanitary Sewer System) of this AƩachment.”

COMPLIANCE
The wastewater service area tributary to the San Clemente Water ReclamaƟon Plant (San Clemente Water Recycling Plant or WRP) is approximately 14.3 square miles. This service area represents approximately 84 percent of the total 17.1 square mile incorporated area of the City of San Clemente. Wastewater service within the remaining porƟons of the City of San Clemente is provided by the South Coast Water District and Santa Margarita Water District.

The sewer service area tributary to the City consists of seven topographic drainage areas. Wastewater collected from the seven drainage regions is transported via gravity and force mains to two central pump staƟons where the wastewater is liŌed to the City WRP for treatment. The City has one satellite sewer system from Santa Margarita Water District's Talega Tract, which discharges sewage into the City’s system and is monitored with conƟnuous Ňow metering.

The City has a total of Įve stormwater diversion structures that help the City opƟmize operaƟons both during dry weather (summerƟme diverƟng all stormwater Ňows to the WRP and winter wet weather episodes to divert stormwater Ňows to the PaciĮc Ocean).

A porƟon of the City receives terƟary treatment. TerƟary treated recycled water from the City WRP is transported to irrigaƟon reuse sites within the City via a force main network in accordance with requirements established in Regional Water Quality Control Board (RWQCB) Order No. R9-2003-0123, as modiĮed by Order No. R9-2012-0026. The remaining porƟon of San Clemente wastewater receives 1288

GOAL AND INTRODUCTION
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 9 of 69 secondary treatment and is discharged via a land ouƞall to the SOCWA ocean ouƞall for ocean disposal in accordance with requirements established in RWQCB Order No. R9-2022-005 (NPDES CA0107417).

The City's sanitary sewer system is operated and maintained by the UƟliƟes Division. The Division also operates the City's water and storm drainage systems. The mission of the UƟliƟes Division is to "ensure uninterrupted water, sewer, and drainage service to all our customers that meets all regulatory requirements."
Based on data submiƩed from its last required Annual Report required by SpeciĮcaƟons 5.13.2 and AƩachment E1, secƟon 3.9 of the WDR to the CIWQS, the City sewer system serves a populaƟon of approximately 63,896 in southern Orange County, with approximately 27,859 sewer lateral connecƟons.

The sewer system consists of approximately 162 miles of gravity sewers and 18 miles of force main sewers.

The system includes 4385 manholes and 11 liŌ staƟons. The sewer system does have 1 gravity sewer siphon, 5 gravity above-ground crossings, and 1 above-ground force main crossing. There are 5 individual structures with valves within the City, operators can uƟlize for reducing impacts to both the collecƟon system and wastewater treatment plant to divert stormwater Ňows into sewers (during dry weather Ňows) or keep stormwater Ňows out of sewers (during wet weather Ňows).

The collecƟon system consists of gravity pipelines ranging from 6 inches or less in diameter (20%), 8 inches (50%), 9-18 inches (10%), and 19-36 inches (10%). Force main sewer (pressurized) pipelines range 6 inches or less in diameter (25%) and 9-18 inches (25%). The sewer pipes are mainly constructed of vitriĮed clay (64.5%) or polyvinyl chloride (33.6%). With respect to age of the pipes, 24.1% were constructed between 1920-1939, 1.8% constructed between 1940-1959, 26% constructed between 1960-1979, 38.1% constructed between 1980-1999, 8.2% constructed between 2000-2019, and 0% constructed between 2020 to 2025.

The City operates 11 liŌ staƟons all equipped with cable modems to provide noƟĮcaƟon of abnormaliƟes in real Ɵme. 8 pump staƟons (73%) are equipped with standby generators, 2 pump staƟons (18%) are generator ready to provide power in case of commercial power failures, 1 pump staƟon (9%) can be isolated and closed during an emergency. The City also maintains 3 trailer mounted generators and 2 trailer mounted pumps that can be deployed to bypass the liŌ staƟons if needed.

The City uses Lucity soŌware system for scheduling and documenƟng inspecƟon and maintenance acƟviƟes and for uƟlity infrastructure mapping. This soŌware provides City staī with the ability to access aƩribute data for sewer pipelines using a mobile device or personal computer. The City also uses Lucity and ArcGIS to manage its assets, including asset inventories and mapping.

There are 17,734 sewer service laterals connected to the City’s sewer system. The property owner is responsible for installaƟon, maintenance and repair of the upper and lower private sewer lateral(s) from the structure up to and including the Ɵe-in to the City sewerage system.

The City esƟmates that approximately 33.5% of the sewer system is located in easements including residenƟal backyards totaling 56.5 miles of the total sewer system. The City experiences challenges with accessing sewer assets including non-paved roadways during wet weather months in various locaƟons throughout the collecƟon system and some locaƟons due to private property challenges.

Figure 3 contains a map of the City sanitary sewer system service area along with areas satellite to the City system. The City has no formal outside agreements in place with other sanitary sewer system collecƟon system operators.
1289

GOAL AND INTRODUCTION
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 10 of 69 The City historically and currently does not own or maintain sewer service laterals. The City maintains up to date system maps (see Element 4.1 below for more detail).

Unique service area challenges include accessing some sewer mainline assets located within private property locaƟons requiring permission for uƟlizing easement equipment in these areas. Another unique challenge includes accessing sewer mainline pipelines running adjacent to railroad property and along the State Beach trail locaƟons along the coastline.

The esƟmated customer connecƟon Ňow classiĮcaƟons and connects data are presented in Table 2 below for residenƟal, commercial industrial, and insƟtuƟonal data.

Figure 3 – City Vicinity Map and Sewer Service Area
1290

GOAL AND INTRODUCTION
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 11 of 69 Use Type Number of ConnecƟons
ResidenƟal 15,951
Commercial 919
Industrial/InsƟtuƟonal N/A

EFFECTIVENESS
The City uƟlizes the following Key Performance Indicators for measuring eīecƟveness of this Element:
x Are asset staƟsƟcs periodically reviewed and updated as necessary? x Are omissions or errors addressed in a Ɵmely manner?
x Are system maps up to date?

IMPLEMENTATION PLAN/SCHEDULE
No. Plan Schedule Responsible Party
Dir Eng Supt

1.3.1 Review City-owned asset
staƟsƟcs and element
descripƟon; update as necessary
At the beginning of the audit cycle and
when signiĮcant changes have been made. X X

RESILIENCE
Resilience is addressed in Element 1 by:
x Redundancy: More than one member of staī is trained and able to retrieve and manage the data. x ImplemenƟng a QA/QC process to help ensure informaƟon is accurate. x ConƟnuous improvement with input from the Įeld.
x Using Calendar Reminders to ensure compliance deadlines are met.

APPENDIX 1 INCLUSIONS
x None
Table 2 – City Sewer ConnecƟon Flow ClassiĮcaƟons and ConnecƟons Data 1291

GOAL AND INTRODUCTION
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 12 of 69 SpeciĮcaƟons 5.2 – SSMP Development and ImplementaƟon

WDR REQUIREMENTS
SpeciĮcaƟon. 5.2 (pg. 18)
“To facilitate adequate local funding and management of its sanitary sewer system(s), the Enrollee shall develop and implement an updated Sewer System Management Plan. The scale and complexity of the Sewer System Management Plan, and speciĮc elements of the Plan, must match the size, scale, and complexity of the Enrollee’s sanitary sewer system(s). The Sewer System Management Plan must address, at minimum, the required Plan elements in AƩachment D (Sewer System Management Plan – Required Elements) of this General Order. To be eīecƟve, the Sewer System Management Plan must include procedures for the management, operaƟon, and maintenance of the sanitary sewer system(s).

The procedures must: (1) incorporate the prioriƟzaƟon of system repairs and maintenance to proacƟvely prevent spills, and (2) address the implementaƟon of current standard industry pracƟces through available equipment, technologies, and strategies.”

COMPLIANCE
This SSMP has been completed and updated to meet the requirements of Order WQ 2022-0103-DWQ and addresses all required Elements and SpeciĮcaƟons required by the Reissued WDR (Order No. 2022-0103- DWQ). The SSMP addresses management, operaƟons and maintenance procedures speciĮc to the [City’s] collecƟon system. The City maintains a proacƟve O&M program to operate its system and idenƟfy defects, which are then prioriƟzed for repair, replacement, rehabilitaƟon, or placed on modiĮed maintenance schedules. (See Elements 4 and 8 and SpeciĮcaƟons 5.19 of this SSMP for more detail).

The City keeps up with current industry standards, technology and best pracƟces by reviewing industry periodicals, networking and aƩending industry conferences and workshops. This includes ongoing online and in-person trainings, aƩending vendor fairs, specialty conferences, and compleƟon of customized WDR trainings from Fischer Compliance LLC and other subject maƩer experts. 1292

GOAL AND INTRODUCTION
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 13 of 69 SpeciĮcaƟons 5.7 – AllocaƟon of Resources

WDR REQUIREMENTS
SpeciĮcaƟon. 5.7 (pg. 22)
“The Enrollee shall comply with the following requirements:
x Establish and maintain a means to manage all necessary revenues and expenditures related to the sanitary sewer system; and
x Allocate the necessary resources to its sewer system management program for:
o Compliance with this General Order,
o Full implementaƟon of its updated Sewer System Management Plan, o System operaƟon, maintenance, and repair, and
o Spill responses.”

COMPLIANCE
The City maintains various revenue sources to maintain Įnancial stability, meet its operaƟonal needs and manage all necessary expenditures for its sewer system operaƟon. Sources of revenue include:
x Sewer Service Charges - For FY24 charges include Įxed charges (Base Fee) based on meter size, amounƟng to $4.4M, and volumetric based commodity charge in the amount of $6.6M. This equates to 84% of total Revenue of $12.1M
x O&M as well as Capital Improvement Projects - FY24 $4.1M in CollecƟon O&M, and $1.48M budgeted in CIP projects. $3.1M was allocated to depreciaƟon reserves. x Sewer Fund investment earnings were $390,000 or 3.2% of total revenue. x Allocated by the City Council each budget cycle to fund City O&M as well as Capital Improvement Projects -FY25 total City O&M and CIP is $33.9M
x Miscellaneous Fees for Sewer System-Related Services (includes inspecƟon fees, annexaƟon fees, permit fees, etc.) Santa Margarita Water District allocaƟons for collecƟng and treaƟng 226MG of sewer Ňows for calendar year 2024 was $.75M. Miscellaneous sewer permits $1000. 1293

GOAL AND INTRODUCTION
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 14 of 69 Provisions 6.1 – Enforcement Provisions

WDR REQUIREMENTS
Provisions 6.1 (pg. 27)
“The following enforcement provisions are based on exisƟng federal and state regulaƟons, laws and policies, including the federal Clean Water Act, the state Water Code and the State Water Board Enforcement Policy.”

COMPLIANCE
The City is aware of the consequences for noncompliance including associated penalƟes for violaƟons. The City maintains a proacƟve stance with full implementaƟon of its SSMP.

Noncompliance with requirements of this General Order or discharging sewage without enrolling in this General Order consƟtutes a violaƟon of the Water Code and a potenƟal violaƟon of the Clean Water Act and is grounds for an enforcement acƟon by the State Water Board or the applicable Regional Water Board.

Failure to comply with the noƟĮcaƟon, monitoring, inspecƟon, entry, reporƟng, and recordkeeping requirements may subject the Enrollee to administraƟve civil liabiliƟes of up to $10,000 a day per violaƟon pursuant to Water Code secƟon 13385; up to $1,000 a day per violaƟon pursuant to Water Code secƟon 13268; or referral to the AƩorney General for judicial civil enforcement. Discharging waste not in compliance with the requirements of this General Order or the Clean Water Act may subject the Enrollee to administraƟve civil liabiliƟes up to $10,000 a day per violaƟon and addiƟonal liability up to $10 per gallon of discharge not cleaned up aŌer the Įrst 1,000 gallons of discharge; up to $5,000 a day per violaƟon pursuant to Water Code secƟon 13350 or up to $20 per gallon of waste discharged; or referral to the AƩorney General for judicial civil enforcement.
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GOAL AND INTRODUCTION
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 15 of 69 Provisions 6.3 – Sewer System Management Plan Availability

WDR REQUIREMENTS
Provisions 6.3 (pg. 31)
“The Enrollee’s updated Sewer System Management Plan must be maintained for public inspecƟon at the Enrollee’s oĸces and faciliƟes and must be available to the public through CIWQS and/or on the Enrollee’s website, in accordance with secƟon 3.8 (Sewer System Management Plan ReporƟng Requirements) of AƩachment E1 (NoƟĮcaƟon, Monitoring, ReporƟng and Recordkeeping Requirements) of this General Order.”

COMPLIANCE
The City has uploaded this SSMP to the CIWQS database, publishes it on its website, and makes it available for public review at the City oĸce, by appointment, during regular business hours. 1295

ORGANIZATION
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2. OrganizaƟon

WDR REQUIREMENTS
AƩ. D-2 (pg. D-3)
“The Plan must idenƟfy organizaƟonal staĸng responsible and integral for implemenƟng the local Sewer System Management Plan through an organizaƟon chart or similar narraƟve documentaƟon that includes:
x The name of the Legally Responsible Oĸcial as required in secƟon 5.1 (DesignaƟon of a Legally Responsible Oĸcial) of this General Order;
x The posiƟon Ɵtles, telephone numbers, and email addresses for management, administraƟve, and maintenance posiƟons responsible for implemenƟng speciĮc Sewer System Management Plan Element;
x OrganizaƟonal lines of authority; and
x Chain of communicaƟon for reporƟng spills from receipt of complaint or other informaƟon, including the person responsible for reporƟng spills to the State and Regional Water Boards and other agencies, as applicable. (For example, county health oĸcer, county environmental health City, and State Oĸce of emergency Services.)”

COMPLIANCE
The above items are addressed below:

City’s Legally Responsible Oĸcials (LRO) are listed below:
x LRO 1 – DusƟn Burnside, UƟliƟes Manager
The LRO meets all the requirements set forth in SpeciĮcaƟons 5.1 of the WDR. 1296

ORGANIZATION
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 17 of 69 ImplementaƟon ResponsibiliƟes
Sewer System Management Plan Elements Responsible PosiƟon

1. SSMP Plan, Goal and IntroducƟon Public Works Director

1.1. Regulatory Context Public Works Director

1.2. SSMP Update Schedule UƟliƟes Manager /UƟliƟes Maintenance Superintendent /Chief CS Operator

1.3. Sewer System Asset Overview Deputy Public Works Director

2. OrganizaƟon Public Works Director

3. Legal Authority City Manager

4. OperaƟons and Maintenance Program UƟliƟes Maintenance Superintendent / Chief CS Operator

4.1. Updated maps of Sanitary Sewer System UƟliƟes Maintenance Superintendent / Chief CS Operator

4.2. PrevenƟve OperaƟon & Maintenance UƟliƟes Maintenance Superintendent / Chief CS Operator

4.3. Training UƟliƟes Maintenance Superintendent / Chief CS Operator

4.4. Equipment Inventory UƟliƟes Maintenance Superintendent / Chief CS Operator

5. Design/Performance Deputy Public Works Director

5.1. Updated Design Criteria & ConstrucƟon Standards Deputy Public Works Director

5.2. Procedures and Standards Deputy Public Works Director

6. Spill Emergency Response Plan UƟliƟes Manager /UƟliƟes Maintenance Superintendent /Chief CS Operator

7. Sewer Pipe Blockage Program UƟliƟes Manager /UƟliƟes Maintenance Superintendent /Chief CS Operator

8. System Eval, Capacity Assurance, Capital Imp. UƟliƟes Manager /UƟliƟes Maintenance Superintendent /Chief CS Operator

8.1. System EvaluaƟon and CondiƟon Assessment UƟliƟes Manager /UƟliƟes Maintenance Superintendent /Chief CS Operator

8.2. Capacity Assessment and Design Criteria Deputy Public Works Director

8.3. PrioriƟzaƟon of CorrecƟve AcƟon UƟliƟes Manager /UƟliƟes Maintenance Superintendent /Chief CS Operator

8.4. Capital Improvement Plan Deputy Public Works Director / UƟliƟes Manager / UƟliƟes Maintenance Superintendent / Chief CS
Operator

9. Monitoring, Measurement & Program ModiĮcaƟons UƟliƟes Manager / UƟliƟes Maintenance Superintendent / Chief CS Operator

10. Internal Audits UƟliƟes Manager

11. CommunicaƟon Program City Manager / Public Works Director / Deputy Public Works Director
Table 3 – ImplementaƟon ResponsibiliƟes
1297

ORGANIZATION
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 18 of 69

RESPONSIBLE POSITION CONTACT INFORMATION
Name Title Phone Email
DusƟn Burnside UƟliƟes Manager 949-361-8355
Mobile 949-919-1003 [email protected]
Andy Hall City Manager 949-361-8341 [email protected] Dave Rebensdorf Public Works Director 949-361-6130 [email protected] Shawn Ryan Deputy Public Works
Director 949-361-6122 [email protected]
Table 4 – SSMP Responsible PosiƟon Contact InformaƟon
1298

ORGANIZATION
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2.1. OrganizaƟonal Chart
Figure 4 – City of San Clemente – UƟliƟes Department (FY 2025) OrganizaƟonal Chart 1299

ORGANIZATION
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 20 of 69 Figure 5 – City of San Clemente OrganizaƟon Chart
1300

ORGANIZATION
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 21 of 69

2.2. OrganizaƟonal Staĸng ResponsibiliƟes
Key SSMP PosiƟons. The following posiƟons within the City's organizaƟonal structure have key roles in developing and implemenƟng the SSMP.

Mayor / City Council
The City Council consists of Įve members, elected at-large, for four-year overlapping terms of oĸce. NonparƟsan City elecƟons are held in November of even-numbered years for Council Members. The City Council acts as the legislaƟve body, to set policy, approve the budget, pass local laws which are incorporated into the Municipal Code, and to give direcƟon on maƩers concerning the City. The City Council is responsible for approval of the cerƟĮed SSMP as presented by the City Manager and UƟliƟes Manager.

City Manager
Is appointed by the City Council. As the City Manager, Andy Hall provides crucial support to the Council and represents the staī. His role involves strategic decision-making and leadership, upholding the City’s values, and guiding the organizaƟon towards its mission and goals.

Public Works Director
As Public Works Director, Dave Rebensdorf oversees UƟliƟes, Maintenance, and Engineering. He implements short and long-term goals aligned with the City’s strategic and annual business plans, ensuring these funcƟons drive innovaƟve and sustainable soluƟons for the City, while developing and upgrading the City’s infrastructure and ensuring public improvements are in compliance with municipal ordinances, regulaƟons and standards.

UƟliƟes Manager
In his role, DusƟn Burnside directs strategic planning, organizaƟon, and program management for a spectrum of City-operated faciliƟes. This porƞolio encompasses water distribuƟon wells and reservoirs, water reclamaƟon plant, the recycled water system, and sewer and storm collecƟon system. Through seamless collaboraƟon, he formulates and oversees work plans, budgets, and procedures, adeptly applying process improvement and quality management principles.

CollecƟons and Maintenance Superintendent
Plans, organizes, integrates and directs the work of the CollecƟons and Maintenance programs; manages and directs the implementaƟon of comprehensive strategies and programs for the maintenance of all UƟliƟes faciliƟes including sewer collecƟon system, storm drain system, the mechanical and electrical maintenance and repair of all UƟliƟes water and wastewater pumping systems, and SCADA; ensures program processes are carried out in compliance with current and future regulatory requirements; manages and directs the implementaƟon of comprehensive faciliƟes related planning, predicƟve, prevenƟve and correcƟve maintenance and repair programs. Provides expert professional assistance and guidance to leadership on the operaƟon of the City assets in a safe, reliable and cost-eīecƟve manner that meets all regulatory requirements.

Chief Operator CollecƟons
Supervises and reviews the work of skilled personnel responsible for the construcƟon, installaƟon, servicing, repair and maintenance of the City’s wastewater collecƟon and storm drain system and diversion faciliƟes; supervises the usage of and collecƟon system data collected through the Closed Circuit Television (CCTV) 1301

ORGANIZATION
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 22 of 69 program; acts as a liaison to other departments and consultants regarding linear assets; ensures collecƟon system operaƟons and maintenance funcƟons meet all applicable laws, regulaƟons and City policies; provides staī assistance to management in areas of experƟse.

CollecƟon System Field Operators
Leads and parƟcipates in the work of crews engaged in semi-skilled and skilled tasks in the construcƟon, installaƟon, servicing, repair and maintenance of the City’s wastewater collecƟon and storm drain system and diversion faciliƟes; oversees the City’s Closed Circuit Television (CCTV) program as applied to collecƟon system maintenance; veriĮes accuracy of GIS and GPS data; acts as a liaison to other departments and consultants regarding system improvements.
1302

ORGANIZATION
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2.3. Chain of CommunicaƟon for ReporƟng Spills
Figure 6 – Chain of CommunicaƟon for ReporƟng Spills
During business hours, the public contacts the City by phone. The informaƟon given by the caller is forwarded to response staī.

Contractors who cause or discover a spill are directed to immediately contact the City.

AŌer hours calls are received by an answering service who uƟlize a phone tree unƟl an employee is reached.

Remote alarms (pump staƟons, SmartCovers) are received by designated personnel for response. There is also a phone tree for alarm acknowledgement.

City Receives Call for Service
D
gi
Co
Ci
AŌ
un
Re
pe
C
Response staī immediately respond to all calls, assess the spill event, and take appropriate acƟons to miƟgate the spill.

All spill events are miƟgated in accordance with the City's Spill Emergency Response Plan (SERP) and are documented in the Sanitary Sewer Spill and Backup Response Workbook, all in adherence with the WDR NoƟĮcaƟon, Monitoring, ReporƟng and Recordkeeping requirements.

City’s Response to Spill Event
R
t
A
R
B
M
The responding Įeld staī submit the Įeld report(s) to the Chief Operator who reviews for completeness and accuracy and then confers with the UƟliƟes Manager as a layer of quality control.

Once all informaƟon is veriĮed, the Chief Operator or LRO submits it to CIWQS.

The City's Legally Responsible Oĸcial cerƟĮes all spill reports.

City Reports Spill Event
1303

ORGANIZATION
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EFFECTIVENESS
The City uƟlizes the following Key Performance Indicators for measuring eīecƟveness of this Element:
x Have there been any changes requiring updates to the OrganizaƟonal Chart? x Have there been instances when a service call for a spill was not properly routed to response personnel?
x Were all spill response acƟviƟes documented and forwarded to the LRO? x Have there been any changes in assigned responsibiliƟes for implemenƟng the SSMP? x Is there a process in place to ensure all contact informaƟon remains up to date?

IMPLEMENTATION PLAN/SCHEDULE
No. Plan Schedule Responsible Party
UM Supt CO

2.1 Review names, contact informaƟon and posiƟon
responsibiliƟes. Update as necessary. At least annually X

2.2 Review Chain of CommunicaƟon outcomes for all spill responses Each Spill Event XX

2.3 Review OrganizaƟonal Chart for any changes. Update as necessary. At least annually X

RESILIENCE
Resilience is addressed in Element 2 by:
x Ensuring that more than one person is capable and responsible for speciĮc duƟes for Sewer System Management Plan implementaƟon, e.g., back-up personnel. x DesignaƟon of more than one LRO to help ensure full and conƟnuous coverage of duƟes. x TesƟng the phone noƟĮcaƟon system to ensure calls are received and routed to appropriate personnel.

APPENDIX 2 INCLUSIONS
x None
1304

LEGAL AUTHORITY
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3. Legal Authority

WDR REQUIREMENTS
AƩ. D-3 (pg. D-4)
“The Plan must include copies or an electronic link to the Enrollee’s current sewer system use ordinances, service agreements and/or other legally binding procedures to demonstrate the Enrollee possesses the necessary legal authority to:
x Prevent illicit discharges into its sanitary sewer system from inŇow and inĮltraƟon (I&I); unauthorized stormwater; chemical dumping; unauthorized debris; roots; fats, oils, and grease; and trash, including rags and other debris that may cause blockages; x Collaborate with storm sewer agencies to coordinate emergency spill responses, ensure access to storm sewer systems during spill events, and prevent unintenƟonal cross connecƟons of sanitary sewer infrastructure to storm sewer infrastructure; x Require that sewer system components and connecƟons be properly designed and constructed;
x Ensure access for maintenance, inspecƟon, and/or repairs for porƟons of the service lateral owned and/or operated by the Enrollee;
x Enforce any violaƟon of its sewer ordinances, service agreements, or other legally binding procedures; and
x Obtain easement accessibility agreements for locaƟons requiring sewer system operaƟons and maintenance, as applicable.

COMPLIANCE
Legal Authority Overview
General City Law
The City of San Clemente is a general law city formed in 1928 under the provisions of the California Government Code. As set forth in Title 4 of the California Government Code (SecƟons 38900-38902), general law ciƟes have the power to acquire, construct, operate, and maintain sewer systems, and to establish and enforce regulaƟons associated with the construcƟon, operaƟon, funding, or maintenance of the sewer system faciliƟes.

San Clemente Municipal Code
RegulaƟons regarding the construcƟon, operaƟon, and use of the City's sewer faciliƟes are set forth in the San Clemente Municipal Code (hereinaŌer Municipal Code). Title 13 of the Municipal Code addresses public services. Title 13, Chapter 28 (13.28) of the Municipal Code establishes waste discharge pre-treatment and system source control regulaƟons. Title 13, Chapter 30 (13.30) of the Municipal Code establishes regulaƟons regarding the discharge of fats, oils, and grease (FOG) and the regulaƟon of food service establishments and FOG dischargers. The City's Municipal Code is available for download at the following website:
hƩps://library.municode.com/ca/san_clemente/codes/code_of_ordinances 1305

LEGAL AUTHORITY
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 26 of 69 City RelaƟonship to South Orange County Wastewater Authority (SOCWA) California Government Code SecƟons 55080-55093 allow public agencies to enter into agreements providing for the joint construcƟon and maintenance of public works. The City is a member of the SOCWA, a joint powers agency formed by the City and adjoining agencies to operate joint wastewater collecƟon, treatment, and disposal faciliƟes.

The City of San Clemente Water ReclamaƟon Plant (San Clemente WRP) discharges treated wastewater to the SOCWA San Juan Creek Ocean Ouƞall. The San Clemente WRP discharge to the SOCWA ocean ouƞall is regulated under a NPDES permit issued to SOCWA. While the City maintains and operates sewer collecƟon faciliƟes, the City's Municipal Code provides that SOCWA is the lead agency responsible for ensuring compliance with NPDES requirements and ensuring compliance with federal industrial pre-treatment requirements.

Access and Control of Wastewater FaciliƟes
Wastewater collected by the City of San Clemente is almost exclusively derived from a service area that is within the incorporated area of the City. The City maintains direct authority over and control of these faciliƟes under Title 13, Chapters 24, 28, and 30 of the Municipal Code.

One area outside the incorporated area of the City that contributes wastewater to the City’s system is the San Mateo Campground within San Onofre State Beach, which is operated by the State of California Parks Department. An interagency service agreement sets forth responsibiliƟes and authoriƟes of the two agencies for the discharge of California Parks Department wastewater to the City's sewer system. The agreement also delineates responsibiliƟes among the two agencies for inspecƟng, operaƟng, and maintaining sewer connecƟon faciliƟes between the Parks Department and the City. The City maintains authority to regulate and control discharges from the Parks Department to the City's system, and to respond to and correct/terminate spills that occur within the City's incorporated area.

In addiƟon, an agreement between the City and the Santa Margarita Water City (SMWD) allows for wastewater from a porƟon of the SMWD to be directed to the City collecƟon system for treatment. The agreement also addresses cost sharing, and the transfer of City of San Clemente recycled water to the SMWD. This agreement also establishes responsibiliƟes between the City and SMWD for prevenƟng and responding to spills.

SpeciĮcally, the City complies with each of the individual above requirements as described below:
a. Authority to Prevent Illicit Discharges into City’s Wastewater CollecƟon System is provided by Ordinance/Code.

City Municipal Code, Title 13, Chapter 24 (13.24) of the Municipal Code sets forth regulaƟons regarding prohibited sewer discharges, sewer construcƟon, sewer inspecƟon, sewer connecƟons, and sewer system fees and charges.
b. The City's pre-planned collaboraƟon and coordinaƟon with storm drain agencies.

The City owns and operates the storm drain system within the City Limits. Both the sewer and storm drain faciliƟes are within the Streets and Sewer Division. Should sewage discharge to a storm drain facility, City staī has full authority miƟgate the impact of the spill. 1306

LEGAL AUTHORITY
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 27 of 69 c. Require that sewer system components and connecƟons be properly designed and constructed.

City Municipal Code, Chapter 13.24 (Sewer Service System) designates the City Engineer as being responsible for regulating and enforcing sewer system design, construcƟon, connecƟon, inspecƟon, and repair.
d. Ensure access for maintenance, inspecƟon, and/or repairs for porƟons of the service lateral owned and/or operated by the Enrollee.

City Municipal Code, Article III fulĮlls this legal requirement. e. Enforce any violaƟon of its sewer ordinances, service agreements, or other legally binding procedures.

Powers to enforce compliance with sewer discharge regulaƟons are established in SecƟon 13.28.120 of the City Municipal Code. In accordance with the provisions of the 13.28.120(A) of the City Municipal Code, actions that may be taken by the City in enforcing compliance include: issuing noƟce of noncompliance forms, issuing noƟce of violaƟon forms, issuing administraƟve orders (probaƟon, show cause, or cease and desist orders), peƟƟoning the courts for injuncƟon or civil penalties, signing criminal complaints, suspending or revoking wastewater discharge permits, terminaƟng services, or administraƟve complaints.

ArƟcle IX of the City Municipal Code establishes speciĮc enforcement provisions for the City's industrial discharge pre-treatment program. As provided within the Municipal Code, an escalaƟng range of enforcement acƟons are available to the City in regulaƟng sewer use and sewer system discharges. ArƟcle IX of the City Municipal Code also:
x idenƟĮes required enforcement acƟons in response to speciĮc types of violaƟons, x idenƟĮes speciĮc civil liability penalƟes,
x sets forth criminal penalƟes, and
x establishes an appeal process and appeal requirements.

EFFECTIVENESS
The City uƟlizes the following Key Performance Indicators for measuring eīecƟveness of this Element:
x Are the City ordinances and standards adequate for fulĮlling the Sewer System Management Plan legal requirements?
x Does the City have a process in place for periodic review and evaluaƟon of ordinances? x Have there been instances when the code or ordinance did not address a need or circumstance? 1307

LEGAL AUTHORITY
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IMPLEMENTATION PLAN/SCHEDULE
No. Plan Schedule Responsible Party
Dir UM Supt

3.1 Review Ordinance to conĮrm all documents provide
necessary required legal authority.

Once per 6-year SSMP
Update Cycle XX

3.2 Confer with storm drain owners to ensure current
pracƟces and contact informaƟon are up to date. Annually XX

3.3 Monitor and Document occasions when ordinance(s)
failed to address issues as intended. ConƟnuously X XX

RESILIENCE
Resilience is addressed in Element 3 by:
x Keeping abreast of industry trends and local ordinances that may aīect operaƟons.

APPENDIX 3 INCLUSIONS
x None
1308

OPERATION AND MAINTENANCE PROGRAM
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4. OperaƟon and Maintenance Program

WDR REQUIREMENTS
AƩ. D-4 (pg. D-4)
“The Plan must include the items listed below that are appropriate and applicable to the Enrollee’s system.”

4.1. Updated Map of Sewer System

WDR REQUIREMENTS
AƩ. D-4.1 (pg. D-4)
“An up-to-date map(s) of the sanitary sewer system, and procedures for maintaining and providing State and Regional Water Board staī access to the map(s). The map(s) must show gravity line segments and manholes, pumping faciliƟes, pressure pipes and valves, and applicable stormwater conveyance faciliƟes within the sewer system service area boundaries.”

COMPLIANCE
System maps include gravity mains, force mains, manholes, pump staƟons, property boundaries and addresses, creek locaƟons, and storm drain mapping, and pipe asset informaƟon (ID number, diameter, Ňow direcƟon, segment length, material type, and age).

The City maintains current sewer maps for all City-owned infrastructure. The City’s CMMS (Lucity) is uƟlized for documenƟng and addressing any map errors Ňagged by Įeld operators to be addressed for ensuring all maps are up to date. The City’s goal for correcƟng all noted errors Ňagged by Įeld staī within 30 days (monthly).

The Engineering Department maintains an up-to-date atlas of maps showing current sewer system faciliƟes. As documented in the City's updated spill PrevenƟon Plan, the City's sewer system faciliƟes master maps are revised whenever:
x Sewer service faciliƟes (sewer mains, manholes, and pump staƟons) are connected within newly developed areas of the City's sewer service area,
x ExisƟng sewer collecƟon faciliƟes are modiĮed or upgraded as part of the City's Capital Improvements Plan,
x ExisƟng sewer collecƟon faciliƟes are modiĮed or upgraded as part of repairs, rehabilitaƟon, or maintenance work,
x City staī or contractors idenƟfy discrepancies on exisƟng maps, x City staī or contractors idenƟfy descripƟons or map designaƟons that could be misinterpreted, or
x City staīor contractors idenƟfy addiƟonal informaƟon what would be useful to include on the maps.

The UƟliƟes Manger is responsible for coordinaƟng with the Chief CollecƟons System Operator to ensure that the Public Works Director/City Engineer (or his/her designee) is noƟĮed of any Įeld repairs, maintenance, rehabilitaƟon work, or Įeld-noted discrepancies that require revision of exisƟng City sewer 1309

OPERATION AND MAINTENANCE PROGRAM
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 30 of 69 collecƟon system maps. The Engineering Department under the direcƟon of the Public Works Director/City Engineer (or designee) is responsible for entering informaƟon from cerƟĮed as-built plans on new sewer mains or the replacement, rehabilitaƟon, repair, or relocaƟon of exisƟng mains.

The City's up-to-date sewer maps are prepared in electronic format and printed copies of the sewer system atlas are carried by work crews and spill response crew vehicles. The sewer system maps show:
x Version date,
x Distance scales, street names, and access notes,
x Names and locaƟons of wastewater pump staƟons,
x Diameters, direcƟons of Ňow, lengths (to scale), and construcƟon materials for gravity sewer mains, x LocaƟons, idenƟĮcaƟon numbers, and invert depths of manholes, x Diameters, direcƟons of Ňow, lengths (to scale), construcƟon materials, and pressure raƟngs for force mains, and
x LocaƟons of ancillary sewer collecƟon faciliƟes (e.g., siphons, valves, etc.).

A master electronic version of the City's sewer system map is maintained on the City's computer network, and copies are backed up weekly. The City is in the process of prinƟng its newest revision of sewer maps.

In addiƟon to up-to-date sewer system maps, the City also maintains up-to-date maps showing the locaƟons of underground storm drains. Maps showing the locaƟon of storm drain faciliƟes are available to Įeld personnel that respond to spills. The City updates its maps of storm drain faciliƟes when new storm drain faciliƟes are implemented, when exisƟng faciliƟes are modiĮed, and when Įeld crews indicate discrepancies in the exisƟng storm drain maps.

The City can provide a customized link to its latest sewer maps for Water Board staī upon request.

EFFECTIVENESS
The City uƟlizes the following Key Performance Indicators for measuring eīecƟveness of this Element:
x Were all map updates completed in a Ɵmely manner?
x Are all staī trained in the procedure for providing map update informaƟon? x Are newly installed sewer assets incorporated into the system maps? x Are there terrain features or assets that should be incorporated in future map updates (e.g. exposed pipe, siphons, ARVs, surface water, etc.)

IMPLEMENTATION PLAN/SCHEDULE
No Plan Schedule Responsible Party
Dir UM Supt

4.1.1 Review map update procedures with all aīected staī. During on-boarding XX

4.1.2 Review/ensure all newly installed faciliƟes have been updated and included in the system maps Each Project XX 1310

OPERATION AND MAINTENANCE PROGRAM
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4.2. PrevenƟve OperaƟon and Maintenance AcƟviƟes

WDR REQUIREMENTS
AƩ. D-4.2 (pgs. D-4/D-5)
”A scheduling system and a data collecƟon system for prevenƟve operaƟon and maintenance acƟviƟes conducted by staī and contractors. The scheduling system must include:
x InspecƟon and maintenance acƟviƟes;
x Higher-frequency inspecƟons and maintenance of known problem areas, including areas with tree root problems;
x Regular visual and closed-circuit television (CCTV) inspecƟons of manholes and sewer pipes.

The data collecƟon system must document data from system inspecƟon and maintenance acƟviƟes, including system areas/components prone to root-intrusion potenƟally resulƟng in system backup and/or failure.”

COMPLIANCE
The purpose of a work order system is to program and track all required inspecƟon and maintenance acƟviƟes within the collecƟon system to help proacƟvely prevent blockages/operaƟonal problems or spills.

The City CMMS for its collecƟon system Computerized Maintenance Management System (CMMS, Lucity) allows staī to review, analyze and make informed decisions regarding its assets and infrastructure including review of all data collected from Įeld work orders and inspecƟons.

The City’s CMMS (Lucity) is used for managing and documenƟng work orders implemented for cleaning, maintenance, and inspecƟons. Included are specialized reports that document the maintenance acƟviƟes for enhanced maintenance areas. Enhanced maintenance areas are areas that require more frequent maintenance due to FOG accumulaƟons or root intrusion. The City’s CMMS system maintains historical data for all maintenance acƟviƟes and provides a basis for criƟcal analysis and data-driven planning and decisionmaking today and into the future. This allows for prioriƟzing and planning rouƟne acƟviƟes such as CCTV inspecƟons, pipe cleaning and pump staƟon maintenance acƟviƟes.

In addiƟon, the CMMS is used to plan and schedule higher-frequency inspecƟon and maintenance acƟviƟes such as Hot Spot cleaning and selecƟve root control acƟviƟes. Emergency and other reacƟve acƟviƟes are documented in work orders as well.

The scheduling system allows staī to put certain acƟviƟes on a prevenƟve schedule where the CMMS automaƟcally creates work orders on a prescribed interval. Work orders for other acƟviƟes are generated by supervisory personnel (which includes the UƟliƟes Manager, Maintenance Superintendent, or the Chief CS operator) on an as-needed basis.

The City currently does not have CCTV capabiliƟes within its CMMS (Lucity) but is working towards upgrading addiƟonal soŌware to provide linkage to enhance communicaƟons and capabiliƟes between Įeld inspecƟon data/records and the exisƟng CMMS (Lucity). However, PACP condiƟon assessments from the CCTV surveys are loaded into Lucity and can be sorted and prioriƟzed based upon PACP assessment raƟngs. 1311

OPERATION AND MAINTENANCE PROGRAM
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EFFECTIVENESS
The City uƟlizes the following Key Performance Indicators for measuring eīecƟveness of this Element:
x Are the City’s maintenance, operaƟons, and engineering work orders periodically audited for accuracy and completeness?
x Does the City monitor “open,” “overdue,” or “not yet completed” work orders to ensure compleƟon of tasks?
x Are inspecƟon and maintenance acƟviƟes reducing the number and volume of spills? x Is maintenance work being completed as scheduled?

IMPLEMENTATION PLAN/SCHEDULE
No. Plan Schedule Responsible Party
Dir UM Supt

4.2.1 Monitor “Past Due” work orders to ensure criƟcal work is being completed Quarterly X

4.2.2 Review scheduled PMs to ensure the prescribed
schedule remains appropriate. Annually X
1312

OPERATION AND MAINTENANCE PROGRAM
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4.3. Training

WDR REQUIREMENTS
“In-house and external training provided on a regular basis for sanitary sewer system operaƟons and maintenance staī and contractors. The training must cover:
x The requirements of this General Order;
x The Enrollee’s Spill Emergency Response Plan procedures and pracƟce drills; x Skilled esƟmaƟon of spill volume for Įeld operators; and x Electronic CIWQS reporƟng procedures for staī submiƫng data.”

COMPLIANCE
The City’s training program covers several areas involving or associated with wastewater collecƟon systems and serves to develop and maintain highly qualiĮed, knowledgeable, and capable staī. This training is provided through a variety of modes (self-study, seminars, conferences, on-the-job, etc.) and begins from the Įrst day on the job and conƟnues regularly thereaŌer.

The City has an ongoing job skills training program including parƟcipaƟon in outside training programs and seminars. The City trains its employees in all aspects of the collecƟon system’s operaƟon and maintenance, including line cleaning and CCTV operaƟons and liŌ staƟon maintenance procedures. Training is conducted in spill response and remediaƟon. The City fully endorses CWEA CerƟĮcaƟon for its employees and uƟlizes CWEA cerƟĮcaƟon as a basis for promoƟon within the City (Grade I cerƟĮcaƟon is required within one year of employment). In addiƟon to job skills training, the City has an acƟve safety training program. Safety training is provided in-house and through outside programs and seminars.

Outside Contractor Training
The City has developed spill response procedures for Contract Service personnel who perform work for the City are required to:
x Immediately noƟfy the City of any sewage spill they encounter. x Make aƩempts to contain the spill.
x Cordon oī the area to keep the public safe.
x Remain onsite unƟl City staī arrives and relieves them.

Fischer Compliance LLC is also providing customized operaƟonal trainings for City staī to help supplement its exisƟng training program including spill emergency response operaƟons and CIWQS reporƟng. This training is expected to be completed by early September 2025.

EFFECTIVENESS
The City uƟlizes the following Key Performance Indicators for measuring eīecƟveness of this Element:
x Has all training been completed as scheduled?
x Have records of training and aƩendance been documented and maintained? x Have all staī demonstrated ability and knowledge aŌer each training event? x Have contractors received, at a minimum, direcƟon for reporƟng and responding to spills? 1313

OPERATION AND MAINTENANCE PROGRAM
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IMPLEMENTATION PLAN/SCHEDULE
No. Plan Schedule Responsible Party
Dir UM Supt

4.3.1 Review training documentaƟon to ensure all staī have received required training Annually X X

4.3.2 Review agreements with contractors and/or Pre-Job meeƟng minutes to ensure contract personnel have
received instrucƟon for responding to sewage spills
Each Contract XX
1314

OPERATION AND MAINTENANCE PROGRAM
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4.4. Equipment Inventory

WDR REQUIREMENTS
AƩ. D-4.4 (pg. D-5)
“An inventory of sewer system equipment, including the idenƟĮcaƟon of criƟcal replacement and spare parts.”

COMPLIANCE
The City maintains a host of equipment for both rouƟne maintenance and for conƟngency or emergency operaƟons. Included in this inventory are vehicles, pumps, and generators.

The City’s CMMS (Lucity) contains a complete inventory of the City’s collecƟon system assets. The maintenance program provides an inventory of parts needed to support the City’s maintenance acƟviƟes, which include weekly or monthly rounds that are logged in the CMMS (Lucity).

City uƟlizes asset management soŌware to manage the maintenance and repair of all of the City's wastewater treatment and collecƟon assets. The asset management soŌware idenƟĮes scheduled maintenance and repair acƟviƟes and is used to track repair/maintenance histories of equipment and pipelines. The City is in the process of updaƟng the asset management soŌware to improve system eĸciency and usefulness.

As part of the UƟliƟes Division maintenance management program, management personnel evaluate inventory needs for criƟcal components and spare parts. The City maintains an inventory of criƟcal components which include (1) spare pipes secƟons and Įƫngs, (2) spare parts, components, and Įƫngs for pump staƟons, and (3) spares for repair and response equipment. Table X summarizes criƟcal components and parts maintained in the City's inventory.

In establishing the required inventory of criƟcal components and spare parts, UƟliƟes Division management assesses supplies, components, and equipment necessary to allow for simultaneous repairs in two locaƟons.

CriƟcal components and spare parts are idenƟĮed on the basis of:
x historic parts/components inventory and use paƩerns,
x manufacturer's recommendaƟons,
x design engineer recommendaƟons,
x past failure history, likelihood of failure and risk associated with failure, x number of units in service requiring the parts/components, x operaƟng experience and recommendaƟons from Įeld crews, x preventaƟve maintenance schedules,
x parts/components availability from suppliers and Ɵme required to receive delivery, x cost (including delivery cost),
x parts/components availability from adjoining agencies, and x conƟngency/portable equipment needs.

Through mutual assistance programs, the City also maintains the ability to exchange or borrow pipe secƟons, Įƫngs, or other resources from adjoining agencies. The UƟliƟes Division also maintains an inventory of emergency repair components and equipment, including Ňexible connectors, sleeves, and 1315

OPERATION AND MAINTENANCE PROGRAM
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 36 of 69 other Įƫngs. Further, UƟliƟes Division staī maintain a list of suppliers for criƟcal components, along with anƟcipated emergency delivery Ɵmes.

List of CriƟcal Components and Parts
Sewer Mains & Appurtenances:
x spare pipe secƟons for all common sewer pipe diameters x seals and Įƫngs for common pipe diameters
x manhole Įƫngs, covers, and manhole repair supplies emergency Pump StaƟons:
x spare pump seals, gaskets, Įƫngs, and hardware
x spare pump impellers and bearings
x spare motors
x spare controls, connecƟons, circuit-breakers, switches, and electrical components Tools and Emergency Equipment:
x spare repair equipment and tools
x spare communicaƟon devices
x back-up uƟlity and repair/response vehicles
x back-up generaƟng power
x faciliƟes and portable equipment to eīect emergency by-pass pumping at pump staƟons x other equipment and supplies required for responding to spills

EFFECTIVENESS
The City uƟlizes the following Key Performance Indicators for measuring eīecƟveness of this Element:
x Have inventory lists been audited as scheduled?
x Have any inventory deĮciencies or omissions been discovered and recƟĮed? x Has the City experienced any equipment failure that inhibited a spill response?

IMPLEMENTATION PLAN/SCHEDULE
No. Plan Schedule Responsible Party
Dir UM Supt

4.4.1 Audit inventory lists to ensure stock is adequate Annually X

4.4.2 Check with vendors to ensure lead Ɵmes for
criƟcal parts are as expected.

Annually or as
needed XX

4.4.3 Ensure contracts with emergency support
services are current Annually X
1316

OPERATION AND MAINTENANCE PROGRAM
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RESILIENCE
Resilience is addressed in Element 4 by:
x Monitoring equipment and criƟcal spare parts usage.
x Performing periodic audits of the vehicle and equipment inventory List.

APPENDIX 4 INCLUSIONS
x 4.1 Sewer OperaƟons and Maintenance Report (2015)
1317

OPERATION AND MAINTENANCE PROGRAM
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WDR REQUIREMENTS
SpeciĮcaƟon. 5.19 (pg. 27)
“To prevent discharges to the environment, the Enrollee shall maintain in good working order, and operate as designed, any facility or treatment and control system designed to contain sewage and convey it to a treatment plant.”

COMPLIANCE
The City complies with the above requirements with implementaƟon of the following work programs summarized below:

Pump StaƟons
The City maintains comprehensive O/M eīorts for pump staƟons as follows:
x Pump staƟons are inspected a minimum of three Ɵmes per week. AddiƟonally, UƟliƟes Division personnel can remotely monitor pump staƟon performance at the City's wastewater pump staƟons using the City's SCADA (supervisory control and data acquisiƟon) system. The SCADA system also provides 24-hour alert to UƟliƟes Division personnel when anomalous condiƟons are detected in any of the City's wastewater pump staƟons.
x PreventaƟve maintenance procedures and schedules for pump staƟons are established, in part, on the basis of manufacturer's maintenance recommendaƟons, the type and age of pump staƟon equipment, the type of pump and motor controls employed, pump staƟon Ňows, and past maintenance and operaƟon history.

PreventaƟve Maintenance (Mainlines)
The City designates sewer mainline reaches that may have an elevated risk of grease-related or root-related sewer main blockages. Areas with such elevated risk are idenƟĮed on the basis of (1) known grease dischargers, (2) results of prior inspecƟons, (3) locaƟon of trees, (4) past spill history, and (5) sewer main sizes, slopes, and velociƟes.

The City has implemented quarterly inspecƟon and cleaning of sewer mains in segments designated as potenƟally being at risk due to grease dischargers or roots. The City maintains a schedule of annual cleaning of the City's sewer main segments not designated in the grease-risk or root-risk categories. Video inspecƟon (CCTV) of the City mainline sewers along segments not within the grease or root risk categories are completed at approximately four-to-Įve-year cycles.

Manhole InspecƟons
The City currently has an informal manhole inspecƟon program limited to spot checking asset condiƟons in certain locaƟons. Also, when staī observe non-standard or deteriorated condiƟons in the Įeld, these observaƟons are logged in Lucity automaƟcally sent to engineering staī for review. AddiƟonally, the City is currently formalizing the manhole inspecƟon program to create a more comprehensive inspecƟon program covering all manhole locaƟons including use of a new manhole Įeld inspecƟon record form created in Lucity. 1318

OPERATION AND MAINTENANCE PROGRAM
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 39 of 69 Easement Maintenance
Easements are inspected at least annually. Standard maintenance includes cleaning and inspecƟng infrastructure, trimming brush and trees, and verifying no new encroachments have been constructed or built within easements. Like other rouƟne O&M operaƟons, any abnormal observaƟons are logged in the CMMS (Lucity).

Pipe Repair/RehabilitaƟon
The City develops and annually updates a six-year Capital Improvements Plan (CIP) to plan and budget for six years of future capital improvement projects. UƟliƟes Division leaders idenƟfy and prioriƟze long-term faciliƟes improvements to lessen the potenƟal for spills. As part of this prioriƟzaƟon process, UƟliƟes Division management review exisƟng faciliƟes capaciƟes and performance, exisƟng wastewater Ňows and Ňow projecƟons, master planning documents, and input from Įeld personnel. In assessing replacement and rehabilitaƟon needs and prioriƟes, the UƟliƟes Division management considers:
x Prior master planning analyses and recommendaƟons;
x Age of exisƟng structures and faciliƟes;
x Rated capacity of exisƟng faciliƟes;
x Age, condiƟon, and anƟcipated life-span of equipment and controls; x Observed peak Ňows and projected peak Ňows;
x AnƟcipated future capacity needs;
x ConstrucƟon materials used in the exisƟng faciliƟes and the anƟcipated longevity of the materials; x Observed internal and external condiƟon of sewer collecƟon faciliƟes; x Soil condiƟons (including corrosion potenƟal or soil movement potenƟal); and x PotenƟal for erosion.

As part of assessment assessing faciliƟes rehabilitaƟon and replacement needs, UƟliƟes Division management also assess overall system capacity needs (see Element 8 of this SSMP). CIP recommendaƟons developed by UƟliƟes Division management are submiƩed to City management and elected oĸcials for review and approval. The approved CIP is used by the City in establishing budget and funding needs for the City's wastewater operaƟons.

The UƟliƟes Division operaƟons and faciliƟes improvements are funded through an enterprise fund.

Revenues for the enterprise fund are provided through sewer rates, connecƟon chargers, and fees. As part of City's CIP process, the City establishes a CIP fund within its budget to reserve suĸcient resources to fund planned CIP faciliƟes for each year of the six-year planning window. The reserve fund also includes a conƟngency for unplanned replacement and rehabilitaƟon expenditures. Long-term sewer rates are established by the City to support both operaƟng expenses and the long-term CIP funding needs.

Hot Spot Maintenance LocaƟons
The City implements a quarterly maintenance program for approximately 180 hot spots that are rouƟnely checked uƟlizing CCTV to ensure adequacy of problem areas on this list. The City contracts with ECIS (an outside contractor) and also works with South Orange County Wastewater Authority (SOCWA) to implement inspecƟons speciĮc to grease-producing faciliƟes (see Element 7 for more details). This includes installaƟon of grease interceptors for new and modiĮed businesses as required by City Municipal Code. 1319

OPERATION AND MAINTENANCE PROGRAM
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To be proacƟve, the City uƟlizes SmartCover Systems sensors installed in strategic locaƟons throughout the collecƟon system including lower elevaƟons to help improve spill readiness and response operaƟons, including providing early warning to operaƟons staī should sewage Ňow condiƟons change. 1320

DESIGN AND PERFORMANCE PROVISIONS
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5. Design and Performance Provisions

5.1. Updated Design Criteria/ConstrucƟon Standards/SpeciĮcaƟons

WDR REQUIREMENTS
AƩachment D-5.1 (pg. D-5)
“Updated design criteria, and construcƟon standards and speciĮcaƟons, for the construcƟon, installaƟon, repair, and rehabilitaƟon of exisƟng and proposed system infrastructure components, including but not limited to pipelines, pump staƟons, and other system appurtenances. If exisƟng design criteria and construcƟon standards are deĮcient to address the necessary component-speciĮc hydraulic capacity as speciĮed in secƟon 8 (System EvaluaƟon, Capacity Assurance and Capital Improvements) of this AƩachment, the procedures must include component-speciĮc evaluaƟon of the design criteria.”

COMPLIANCE
To ensure consistency in the design and construcƟon of collecƟon system faciliƟes, the City has current Design Standards which are scheduled to be updated Winter 2025.

Overview of Design and InspecƟon Standards
The City Municipal Code empowers the City Engineer to develop, update, and enforce design standards. In accordance with this authority, the City Engineer establishes sewer design and performance standards within "Standard Provisions and Standard Drawings for the ConstrucƟon of Sewerage FaciliƟes" (hereinaŌer Standard Provisions).

AddiƟonal technical standards and general construcƟon notes are presented in "Engineering Division Technical Standards" (hereinaŌer Technical Standards). A current version of the City's Standard Provisions and Technical Standards are available for download on the City's website online.

The City requires that new sewer collecƟon faciliƟes be designed and constructed in accordance with the Standard Provisions. The City also requires that repairs or rehabilitaƟon work on exisƟng sewer collecƟon faciliƟes be designed and constructed in accordance with the Standard Provisions. The Standard Provisions and Technical Standards address:
x PreparaƟon of construcƟon drawings and speciĮcaƟons for sewer facilities, x Design criteria and materials specifications,
x Procedures for the review of construcƟon drawings and speciĮcaƟons by the City Engineer, x ConstrucƟon of new or rehabilitated sewer faciliƟes, and x City inspecƟon, review, and approval of constructed sewer facilities.

The Standard Provisions apply to all design and construcƟon work performed on City sewers, including work performed by the City, by other government agencies, or by private contractors. 1321

DESIGN AND PERFORMANCE PROVISIONS
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Per SecƟon V of the Standard Provisions, plans and speciĮcaƟons for all sewer system work must be submiƩed to the City Engineer both in hard copy format and digital graphic GIS (geographic informaƟon system) format.

The City Engineer reviews the plans and speciĮcaƟons for conformance with the Standard Provisions and Technical Standards. Per authority established in the City's Municipal Code, the City Engineer maintains the Įnal decision regarding interpretaƟon of the Standard Provisions and may require modiĮcaƟon or redesign of sewer facility plans or speciĮcaƟons to ensure conformance with the Standard Provisions and Technical Standards.

The City requires that new sewer collecƟon faciliƟes be designed and constructed in accordance with the Standard Provisions. The City also requires that repairs or rehabilitaƟon work on exisƟng sewer collecƟon faciliƟes be designed and constructed in accordance with the Standard Provisions. The Standard Provisions and Technical Standards address:
x PreparaƟon of construcƟon drawings and speciĮcaƟons for sewer facilities, x Design criteria and materials specifications,
x Procedures for the review of construcƟon drawings and speciĮcaƟons by the City Engineer, x ConstrucƟon of new or rehabilitated sewer faciliƟes, and x City inspecƟon, tesƟng, review, and approval of constructed sewer facilities.

The Standard Provisions apply to all design and construcƟon work performed on City sewers, including work performed by the City, by other government agencies, or by private contractors.

EFFECTIVENESS
The City uƟlizes the following Key Performance Indicators for measuring eīecƟveness of this Element:
x Are plan checking QA/QC processes helping to ensure adherence to the standards?

IMPLEMENTATION PLAN/SCHEDULE
No. Plan Schedule Responsible Party
Dir Eng UM

5.1.1 Ensure all project plans are approved in accordance with the City’s Standard SpeciĮcaƟons and Details. Each Project X

5.1.2 Verify design standards are adequate and consistent with current standards of pracƟce. Each Project X
1322

DESIGN AND PERFORMANCE PROVISIONS
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5.2. Procedures and Standards

WDR REQUIREMENTS
AƩachment D-5.2 (pg. D-5)
“Procedures, and standards for the inspecƟon and tesƟng of newly constructed, newly installed, repaired, and rehabilitated system pipelines, pumps, and other equipment and appurtenances.”

COMPLIANCE
The City Municipal Code requires appropriate tesƟng of new sewers including sewer line air tesƟng and manhole tesƟng.

EFFECTIVENESS
The City uƟlizes the following Key Performance Indicators for measuring eīecƟveness of this Element:
x Were any design or installaƟon deĮciencies found during warranty inspecƟons? x Are deviaƟons from standard procedures and/or specs, tesƟng, etc., jusƟĮed and documented? x Does the City stay abreast of industry design standards and technical advances in the industry? x In addiƟon to the City’s Sanitary Sewer OverŇow and Backup Response Plan, the City has developed a Disaster OperaƟons Plan (DOP). The DOP provides City employees with informaƟon and instrucƟon in the event of a local disaster that impacts the treatment plant, liŌ staƟons, metering sites, and other City faciliƟes.

IMPLEMENTATION PLAN/SCHEDULE
No. Plan Schedule Responsible Party
Dir Eng UM

5.2.1 Verify inspecƟon procedures are adequate and
consistent with current standards of pracƟce Each Project X

RESILIENCE
Resilience is addressed in Element 5 by:
x Staying abreast of industry trends and standards.
x Performing warranty inspecƟons of newly installed or repaired assets to evaluate design and installaƟon pracƟces.
x EvaluaƟng as-built changes for trends and areas for design and performance improvements.

APPENDIX 5 INCLUSIONS
x None
1323

SPILL EMERGENCY RESPONSE PLAN
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6. Spill Emergency Response Plan

WDR REQUIREMENTS
AƩachment D-6 (pg. D-6)
“The Plan must include an up-to-date Spill Emergency Response Plan to ensure prompt detecƟon and response to spills to reduce spill volumes and collect informaƟon for prevenƟon of future spills. The Spill Emergency Response Plan must include procedures to:
x NoƟfy primary responders, appropriate local oĸcials, and appropriate regulatory agencies of a spill in a Ɵmely manner;
x NoƟfy other potenƟally aīected enƟƟes (for example, health agencies, water suppliers, etc.) of spills that potenƟally aīect public health or reach waters of the State; x Comply with the noƟĮcaƟon, monitoring and reporƟng requirements of this General Order, State law and regulaƟons, and applicable Regional Water Board Orders; x Ensure that appropriate staī and contractors implement the Spill Emergency Response Plan and are appropriately trained;
x Address emergency system operaƟons, traĸc control and other necessary response acƟviƟes;
x Contain a spill and prevent/minimize discharge to waters of the State or any drainage conveyance system;
x Minimize and remediate public health impacts and adverse impacts on beneĮcial uses of waters of the State;
x Remove sewage from the drainage conveyance system;
x Clean the spill area and drainage conveyance system in a manner that does not inadvertently impact beneĮcial uses in the receiving waters; x Implement technologies, pracƟces, equipment, and interCity coordinaƟon to expedite spill containment and recovery;
x Implement pre-planned coordinaƟon and collaboraƟon with storm drain agencies and other uƟlity agencies/departments prior, during, and aŌer a spill event; x Conduct post-spill assessments of spill response acƟviƟes; x Document and report spill events as required in this General Order; and x Annually, review and assess eīecƟveness of the Spill Emergency Response Plan, and update the Plan as needed.”
1324

SPILL EMERGENCY RESPONSE PLAN
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COMPLIANCE
The City’s Spill Emergency Response Plan (SERP) is a stand-alone document updated by the City in May of 2023 containing the following core areas:
x Ch. 1– IntroducƟon (WDR requirements, purpose, and preparaƟon of the SERP x Ch. 2 – Spill DetecƟon (overview of the collecƟon system, potenƟal spill sources and methods of detecƟon, present target spill response Ɵmes)
x Ch. 3 – Equipment and Personnel (staĸng/organizaƟon, training, available response equipment) x Ch. 4 – Spill Response AcƟons (Įeld response overview, assessment, OES, site perimeter and traĸc control, containment/diversion, posƟng, terminaƟon, assessment/cleanup/restoraƟon, reporƟng/follow-up acƟons, and record keeping
The City is currently contracted with Fischer Compliance LLC to complete a Compliance EvaluaƟon InspecƟon (CEI) and Audit as part of the 2025 SSMP Update process to further evaluate its compliance, implementaƟon and eīecƟveness of the SSMP. The completed SSMP Audit will include a review of the City’s exisƟng SERP and is expected to be Įnalized in October 2025.

EFFECTIVENESS
The City uƟlizes the following Key Performance Indicators for measuring eīecƟveness of this Element:
x Have staī’s spill response eīorts helped to prevent the discharge of sewage to surface waters? x Do post-spill assessments indicate staī are following the procedures outlined in the SERP? x Is SERP training eīecƟve and are trainees demonstraƟng adequate knowledge and abiliƟes?

IMPLEMENTATION PLAN/SCHEDULE
No. Plan Schedule Responsible Party
Dir UM Supt

6.1 Perform SERP training including pracƟce drills. Annually X

6.2 Review Post Spill Assessments to ensure adherence and to indemnify any trends that should be addressed Annually X X X

RESILIENCE
Resilience is addressed in Element 6 by:
x MulƟple staī are trained to respond to spill events.
x Post-spill assessments are conducted to evaluate staī’s adherence to the SERP and to idenƟfy areas for improvement.
x Data collecƟon forms are used to direct staī to collect all the required data to be submiƩed to CIWQS and are designed as a guide to a proper spill event response. x The City employs several diīerent spill volume esƟmaƟon methods to account for diīerent circumstances.
1325

SPILL EMERGENCY RESPONSE PLAN
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x None
1326

SEWER PIPE BLOCKAGE PROGRAM
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7. Sewer Pipe Blockage Program

WDR REQUIREMENTS
AƩachment D-7 (pg. D-7)
“The Sewer System Management Plan must include procedures for the evaluaƟon of the Enrollee’s service area to determine whether a sewer pipe blockage control program is needed to control fats, oils, grease, rags and debris. If the Enrollee determines that a program is not needed, the Enrollee shall provide jusƟĮcaƟon in its Plan for why a program is not needed.

The procedures must include, at minimum:
x An implementaƟon plan and schedule for a public educaƟon and outreach program that promotes proper disposal of pipe-blocking substances;
x A plan and schedule for the disposal of pipe-blocking substances generated within the sanitary sewer system service area. This may include a list of acceptable disposal faciliƟes and/or addiƟonal faciliƟes needed to adequately dispose of substances generated within a sanitary sewer system service area;
x The legal authority to prohibit discharges to the system and idenƟfy measures to prevent spills and blockages.
x Requirements to install grease removal devices (such as traps or interceptors), design standards for the removal devices, maintenance requirements, best management pracƟces requirements, recordkeeping and reporƟng requirements; x Authority to inspect grease producing faciliƟes, enforcement authoriƟes, and whether the Enrollee has suĸcient staī to inspect and enforce the fats, oils, and grease ordinance; x An idenƟĮcaƟon of sanitary sewer system secƟons subject to fats, oils, and grease blockages and establishment of a cleaning schedule for each secƟon; and x ImplementaƟon of source control measures for all sources of fats, oils, and grease reaching the sanitary sewer system for each secƟon idenƟĮed above.”

COMPLIANCE
In many sanitary sewer collecƟon systems Fats, Oils, and Grease (FOG) is known to be a signiĮcant cause, and or contributor, of sewer blockages in pipe and the cause of operaƟonal disrupƟons and damage to sewage pump staƟons. Although service areas that include commercial and insƟtuƟonal food service establishments (FSEs) are obvious sources of FOG, residenƟal communiƟes, especially those of medium and high-density mulƟ-family residences, can also be a signiĮcant source of FOG. It is the purpose of the Regional FOG Control Program to ensure all customers in our service area are following the City Ordinance, and state and federal requirements, to prevent sewage overŇows caused by FOG related blockages in our sewer collecƟon system.

Overview of FOG Control
The sanitary sewer system tributary to the San Clemente WRP is operated and maintained by the UƟliƟes Division. As discussed in Element 3 of this SSMP, the City coordinates with SOCWA for implemenƟng the City's industrial waste pre-treatment program. Pre-treatment responsibiliƟes within the UƟliƟes Division are currently split among personnel in the wastewater and water quality units. The Environmental 1327

SEWER PIPE BLOCKAGE PROGRAM
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 48 of 69 OperaƟons Superintendent is responsible for coordinaƟng pre-treatment acƟviƟes between the UƟliƟes Division units and SOCWA.

The City's Municipal Code establishes prohibiƟons against FOG-related sewer line blockages, and establishes a local limit for the discharge of FOG. The City Municipal Code also provides SOCWA and the City with authority to:
x Evaluate and regulate the discharge of substances (including FOG) which may lead to sewer line blockage,
x Develop and implement required pre-treatment faciliƟes and design standards, and enforce discharger compliance with the standards,
x Inspect FOG generaƟng faciliƟes and enforce compliance with FOG limits established within or pursuant to the Municipal Code, and
x Take other acƟons necessary to prevent the potenƟal for sewer main blockage.

As part of the City's FOG program, the UƟliƟes Division conducts video inspecƟons of all sewer mains and maintains a database of FOG-related blockages, grease buildups, and required sewer cleanings. On the basis of this informaƟon, the City designates sewer main reaches that are considered to have an increased risk of FOG-related blockage. For such at-risk secƟons, the City conducts quarterly cleaning and more frequent video monitoring.

Public Outreach
Pamphlets and other handouts from the Water Environment FederaƟon and other sources are made available at the City oĸce and are available at the several community events the City parƟcipates in.

Outreach to Commercial and ResidenƟal Users
The City's outreach to commercial and residenƟal users includes web-based and printed educaƟon literature on FOG issues, proper FOG disposal, and FOG BMPs. The literature is posted on the City's website and highlights the fact that grease is the most common cause of pipe blockages. The FOG educaƟon literature stresses such household BMPs such as:
x Not discharging oil or grease down garbage disposals, drains, or toilets, x Solidifying household cooking oils and grease with cat liƩer or coīee grounds, and placing the solidiĮed grease into sealed containers for disposal with solid waste, x Scraping leŌover food and grease into the trash,
x Wiping grease from cooking pans with paper towels prior to washing, and disposing of the paper towels with solid waste,
x Placing paper towels over the sink drain basket when washing greasy pans to catch grease and food parƟcles,
x The need for periodic inspecƟon/maintenance of sewer laterals, and x The need to call the City before cleaning private laterals so the City can remove any debris that is pushed into the public sewer line from cleaning the lateral.

Waste Oil EducaƟon
The City also maintains a public outreach program directed toward educaƟng the public on proper disposal and recycling of automoƟve oil. This outreach program includes the development and distribuƟon of literature on proper procedures for waste oil recycling and publishing lists of faciliƟes where automoƟve oil 1328

SEWER PIPE BLOCKAGE PROGRAM
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 49 of 69 can be returned for recycling. This informaƟon is posted on the City's website. AddiƟonally, waste oil recycling signs and informaƟon are posted at parƟcipaƟng oil recycling faciliƟes.

As a further outreach tool, the City makes plasƟc waste oil recycling containers available to the public for use in recycling waste oil. The containers contained instrucƟons on oil recycling and contact informaƟon for a list of recycling faciliƟes.

The City's website presents recommended BMPs for proper handling and disposal of household waste grease and oil. As noted above, the public outreach informaƟon on the City's website recommends that household oils and grease be poured into containers for disposal with solid waste. The City's website also provides contact informaƟon for the public to use for addressing quesƟons concerning proper disposal of household waste grease and oil.

Pipe Blocking Substances
The City disposes of waste materials collected from the collecƟon system during rouƟne O&M at its wastewater treatment plant either daily or on an as-needed basis.

Codes/Ordinance Legal Authority to Prohibit Certain Discharges to Prevent spills.

The City maintains and exercises the authority to prohibit or regulate FOG discharges to the sewer. The City also maintains the authority to idenƟfy and implement measures to prevent spills and blockages.

As discussed within Element 3, the City's Municipal Code prohibits the discharge of FOG or other substances which may cause stoppage or blockage of sewer lines. SecƟon 13.28.300 of the Municipal Code establishes a speciĮc local limit of 300 milligrams per liter for oil and grease. The City Municipal Code empowers the City Manager (or his/her designee) responsibility for determining the acceptability of wastewater for discharge to the City's sewer system. In determining the acceptability of wastes, the Municipal Code speciĮes that the City Manager (or his/her designee) consider eīects on the public, sewer collecƟon faciliƟes and maintenance, public and private property, the environment, and nuisance condiƟons.

The City Municipal Code requires users to provide wastewater pre-treatment faciliƟes that incorporate best pracƟcable technology to comply with established discharge provisions, standards, and local limits. The Municipal Code authorizes the City to review and approve such pre-treatment devices, and requires the City Engineer to develop, update, and enforce design standards for sewer collecƟon and sewer discharge faciliƟes.

SecƟon 13.30.050 of the City Municipal Code requires food service establishments and FOG generators to obtain a discharge permit that requires installaƟon and proper operaƟon of grease removal faciliƟes, implementaƟon of waste oil collecƟon or recycling, implementaƟon of FOG BMPs and BMP training.

Code/Ordinance Authority To Require Grease Control Devices Pursuant to authority established in the Municipal Code the City requires pre-treatment for the removal of FOG. Grease control devices are required for all food establishments or faciliƟes with kitchen equipment that have the potenƟal to produce grease. Grease interceptors may include gravity grease interceptors (GGIs) or hydro-mechanical grease interceptors (HMGIs). Grease interceptors for food establishments are required except in circumstances where the City determines that site restricƟons make it impracƟcal to install interceptors. In such circumstances, the City may require alternaƟve grease control devices and/or implementaƟon of grease prevenƟon BMPs. The City may also require GGIs or HMGIs for automoƟve or other maintenance faciliƟes designated by the City as represenƟng a threat for the discharge of FOG. 1329

SEWER PIPE BLOCKAGE PROGRAM
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 50 of 69 Grease Interceptor Requirements.

In accordance with design standards established by the City, grease interceptors are required to have:
x a minimum capacity of 750 gallons, and be sized in accordance with the most recent Uniform Plumbing Code adopted by the City,
x a sample box, with a sanitary tee inside the sample box on the outlet side, x a vent,
x a running trap,
x two-way cleanout-s prior to the connecƟon to the sewer lateral, x a manhole at each internal baŋe, with no more than 10 feet between manholes, x no hidden internal baffles,
x grade rings that are grouted and sealed, and
x lids that are traĸc sealed.

The City requires that the interceptors and all associated connecƟons be inspected and approved by the City prior to backĮll. AddiƟonally, the City requires that all interceptors be Įlled with water for leak detecƟon prior to backĮll.

Grease and Oil BMPs
SecƟon 13.30.050 of the City Municipal Code requires food service establishments and FOG generators to:
x Implement a series of speciĮed kitchen management BMPs, x Maintain an employee BMP training program, and
x Post BMP signs at the establishment.

In addiƟon to specifying required BMPs within the City Municipal Code and within discharge permits issued to food service establishments and FOG generators, the City also lists the required grease removal BMPs at the City's website.

Code/Ordinance Authority To Inspect Grease Producing FaciliƟes The City's Municipal Code establishes the City's authority to inspect FOG dischargers and enforce FOG limits.

SecƟons 13.28.570 and 13.30.050 of the Municipal Code provide the City with authority to inspect and monitor sewer users to ensure compliance with applicable discharge standards, discharge permit standards, local limits, and sewer discharge regulaƟons. SecƟon 13.28.660 provides City staī with right to entry for sewer user inspecƟons and monitoring. SecƟon 13.28.120 and ArƟcle IX of the Municipal Code provides the City with authority to enforce compliance with:
x Discharge prohibiƟons, standards, and requirements established within the Municipal Code, or x Discharge policies, design standards, and other requirements established by the City pursuant to authoriƟes established within the Municipal Code.

InspecƟon and Enforcement Staĸng.

The City coordinates with SOCWA for ensuring compliance with federal industrial discharge pre-treatment requirements governing Categorical Industrial Users (CIUs) and SigniĮcant Industrial Users (SIUs). Food service and automoƟve dischargers which not subject to federal regulaƟon as CIUs or SIUs are regulated by the City in accordance with provisions established in the City's Municipal Code. 1330

SEWER PIPE BLOCKAGE PROGRAM
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 51 of 69 The City contracts out duƟes for inspecƟng and regulaƟng potenƟal FOG dischargers to a private FOG inspecƟon company, which provides FOG inspecƟon and regulaƟon duƟes under the supervision of the Assistant UƟliƟes Manager, who has overall responsibility for the Wastewater CollecƟon System Division.

The Assistant UƟliƟes Manager (supported as required by the private contractor and by staī within the UƟliƟes Division wastewater and water quality units) is responsible for coordinaƟng and implemenƟng FOGrelated enforcement acƟons.

PorƟons Of The System Subject To Fog And O&M For Areas Known To Be Subject To Fog The City maintains an ongoing list of grease prone areas for increased cleaning frequency and performs CCTV inspecƟons of upstream laterals to determine the source of FOG contribuƟons. sewer main cleaning in areas designated as having an increased risk of FOG-related or root-related blockage. The City schedules at least quarterly cleaning of sewer mains in areas designated as having an elevated risk for FOG-related or root-related blockages. Based on results from ongoing television video inspecƟons, the City may also target cleaning problem sewer reaches more frequently than quarterly.

City Source Control Program
The City’s Pre-treatment Program Procedures includes an Oil and Grease Control Program which is the City’s FOG Control Program. Food service establishments (FSEs) who discharge or have the potenƟal to discharge FOG into the City’s sanitary collecƟon system are required to obtain an Oil and Grease Control Program Permit from the City. The City coordinates with SOCWA and also relies on its outside contracted services for supporƟng this eīort as described in SpeciĮcaƟon 5.19 above. To be proacƟve, the City quarterly reviews all data provided by contracted services for FSE inspecƟons to track compliance and address noncompliance.

EFFECTIVENESS
The City uƟlizes the following Key Performance Indicators for measuring eīecƟveness of this Element:
x Have there been any blockages/spills from any idenƟĮed problem areas? x Are the debris and other sewage solids collected during cleaning acƟviƟes being disposed of appropriately?
x Have there been spills due to excessive fats, oil, grease, roots, or non-disposable wipes discovered in the sewer system during the audit period?
x Are there repeat oīenders among FSEs?
x Are enforcement trends decreasing?
x Are Source Control and CollecƟon staī included in the plan check process?

IMPLEMENTATION PLAN/SCHEDULE
No Plan Schedule Responsible Party
Dir UM Supt

7.1 Review/evaluate enforcement and inspecƟon Įndings
and implement changes as necessary. ConƟnuously X X X

7.2 Review spill rates and causes and make changes to
maintenance programs, as necessary.

Every spill
requiring Spill
Report
XXX
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SEWER PIPE BLOCKAGE PROGRAM
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RESILIENCE
Resilience is addressed in Element 7 by:
x InspecƟon of select assets directly downstream of grease producing businesses to ensure source control is eīecƟve.
x ResidenƟal FOG outreach and educaƟon program.
x Performance of regular assessments of system assets to monitor performance. x QA/QA process for evaluaƟng pipe cleaning eīecƟveness. x Daily disposal of pipe blocking materials retrieved during maintenance acƟviƟes.

APPENDIX 7 INCLUSIONS
x None
1332

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8. System EvaluaƟon, Capacity Assurance, Capital Improvements

WDR REQUIREMENTS
AƩachment D-8 (pg. D-)
“The Plan must include procedures and acƟviƟes for:
x RouƟne evaluaƟon and assessment of system condiƟons;
x Capacity assessment and design criteria;.
x PrioriƟzaƟon of correcƟve acƟons; and
x A capital improvement plan.”

8.1. System EvaluaƟon and CondiƟon Assessment

WDR REQUIREMENTS
AƩachment D-8.1 (pgs. D-7/D-8)
“The Plan must include procedures to:
x Evaluate the sanitary sewer system assets uƟlizing the best pracƟces and technologies available;
x IdenƟfy and jusƟfy the amount (percentage) of its system for its condiƟon to be assessed each year;
x PrioriƟze the condiƟon assessment of system areas that:
x Hold a high level of environmental consequences if vulnerable to collapse, failure, blockage, capacity issues, or other system deĮciencies; x Are located in or within the vicinity of surface waters, steep terrain, high groundwater elevaƟons, and environmentally sensiƟve areas;
x Are within the vicinity of a receiving water with a bacterial-related impairment on the most current Clean Water Act secƟon 303(d) List.
x Assess the system condiƟons using visual observaƟons, video surveillance and/or other comparable system inspecƟon method;
x UƟlize observaƟons/evidence of system condiƟons that may contribute to exiƟng of sewage from the system which can reasonably be expected to discharge into a water of the State;
x Maintain documents and recordkeeping of system evaluaƟon and condiƟon assessment inspecƟons and acƟviƟes; and
x IdenƟfy system assets vulnerable to direct and indirect impacts of climate change, including but not limited to: sea level rise; Ňooding and/or erosion due to increased storm volumes, frequency, and/or intensity; wildĮres; and increased power disrupƟons.” 1333

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COMPLIANCE
The above requirements are addressed in order below:

CollecƟon System Assessments
The assessment of a collecƟon system involves every component of the City collecƟon system, including pipelines, manholes, and pump staƟons. The assessment of pipeline condiƟon is the most signiĮcant condiƟon assessment responsibility the City has. It is of key importance to regularly perform pipeline condiƟon assessments to iniƟally establish a condiƟon baseline and to monitor condiƟon changes over Ɵme.

CCTV InspecƟons
The City owns its own CCTV equipment and performs CCTV inspecƟons of its pipelines using digital video capture and storage. This video provides baseline informaƟon which is being updated as they conƟnue their annual CCTV program. CCTV inspecƟon records and a modiĮed version of the NASSCO’s Pipeline Assessment and CerƟĮcaƟon Program (PACP) and Manhole Assessment CerƟĮcaƟon Program (MACP) to evaluate, categorize and prioriƟze pipeline deĮciencies.

Between January 2022 and July 2025, the City has had only a total of 8 spills (7,012 gallons) with only 50 gallons reach surface waters from the sewer system. The City is diligent about adding and maintaining hotspot and root control locaƟons. The City is organized in the execuƟon of its O&M program due to the implementaƟon of its CMMS system (Lucity) beginning in early 2018. The City jusƟĮes its conƟnued establishment of its CCTV inspecƟon frequency (every 4 to 5 years) due to its low spill metrics over the past 5 years.

Priority Repairs
The City has implemented a priority repair and replacement system based on pipe raƟngs. The City incorporates pipelines needing repair or rehabilitaƟon into its capital improvement program (CIP).

The City uƟlizes the NASSCO PACP observaƟon and raƟng system to evaluate pipelines. Visual observaƟons are recorded during CCTV operaƟons. The City has implemented a color-coded system to the GIS based on pipe raƟngs.

Any observaƟon within the City’s sewerage system that indicates imminent failure warrants an immediate response on an emergency basis.

All documents related to system evaluaƟon and condiƟon assessment are stored within the City’s CMMS.

Climate Impacts
The City is conƟnuously evaluaƟng and monitoring infrastructure for potenƟal impacts and miƟgaƟon due to climate change. Sea level poses a threat to City infrastructure along with Ňooding and/or erosion. The City performs wet weather inspecƟons in easement areas annually. WildĮres may impact City infrastructure. The City has limited above-ground infrastructure within the CollecƟon System. The City has ample fuel storage should all or porƟons of the City have to run on generator power due to infrastructure damage. As a backup to the generators, the City also has portable pumps that can run any of the four liŌ staƟons. Increased power disrupƟons may impact City infrastructure. The City has backup generator power for all four pump staƟons, the treatment plant, and the City oĸce. The generators are tested at least monthly.
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EFFECTIVENESS
The City uƟlizes the following Key Performance Indicators for measuring eīecƟveness of this Element:
x Has the City maintained its schedule for rouƟne O&M and is data being reviewed in a Ɵmely manner?
R CCTV Gravity Mains
R Laterals
R Manholes
R Pump StaƟons
x Are inspecƟon eīorts discovering deĮciencies in a Ɵmely manner? x Are maintenance and inspecƟon acƟviƟes being properly documented?

IMPLEMENTATION PLAN/SCHEDULE
No. Plan Schedule Responsible Party
Dir UM Supt

8.1.1 Review/evaluate enforcement and inspecƟon Įndings and implement changes as necessary. Annually X X X

8.1.2 Review spill rates and causes and make changes to maintenance programs, as necessary. Annually X X X

8.1.3 Review issues that may result from climate change.

At least every 3
years during
SSMP audits
XXX
1335

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8.2. Capacity Assessment and Design Criteria

WDR REQUIREMENTS
AƩachment D-8.2 (pgs. D-8/D-9)
“The Plan must include procedures to idenƟfy system components that are experiencing or contribuƟng to spills caused by hydraulic deĮciency and/or limited capacity, including procedures to idenƟfy the appropriate hydraulic capacity of key system elements for:
x Dry-weather peak Ňow condiƟons that cause or contributes to spill events; x The appropriate design storm(s) or wet weather events that causes or contributes to spill events.
x The capacity of key system components; and
x IdenƟfy the major sources that contribute to the peak Ňows associated with sewer spills.

The capacity assessment must consider:
x Data from exisƟng system condiƟon assessments, system inspecƟons, system audits, spill history, and other available informaƟon;
x Capacity of Ňood-prone systems subject to increased inĮltraƟon and inŇow, under normal local and regional storm condiƟons;
x Capacity of systems subject to increased inĮltraƟon and inŇow due to larger and/or higher-intensity storm events as a result of climate change; x Increases of erosive forces in canyons and streams near underground and above-ground system components due to larger and/or higher-intensity storm events; x Capacity of major system elements to accommodate dry weather peak Ňow condiƟons, and updated design storm and wet weather events; and
x Necessary redundancy in pumping and storage capaciƟes.”

COMPLIANCE
Master Plan EvaluaƟon of Flows
The sewer service area tributary to the San Clemente WRP consists of seven topographic drainage areas.

ProjecƟons for peak ulƟmate wastewater Ňows within each of the seven drainage areas has been developed within the City's Wastewater Master Plan. Peak ulƟmate wastewater Ňows are projected in the Wastewater Master Plan on the basis of buildout of zoned lands, observed wastewater Ňow generaƟon rates, and observed peak Ňow factors.

Wastewater faciliƟes needs and wastewater Ňow projecƟons presented in the City's 1995 Wastewater Master Plan remain valid and conservaƟve, as:
x SigniĮcant majority of the sewer service area of the San Clemente WRP was already build out in 1995;
x Zoning and designated land use densiƟes have remained largely as they were in 1995; x One signiĮcant planned development within the City remains undeveloped, and x Unit Ňow generaƟon values within the City's service area are lower than projected in 1995 due to increased water conservaƟon.
1336

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Master Plan Capacity EvaluaƟons
The Wastewater Master Plan evaluates faciliƟes needs required for handling projected ulƟmate peak wastewater Ňows within each of the tributary drainage areas. On the basis of these faciliƟes evaluaƟons, the Wastewater Master Plan idenƟĮed a prioriƟzed list of recommended pump staƟon, trunk sewer, and sewer main upgrades and improvements.

The City has implemented the capacity upgrade recommendaƟons set forth in the Wastewater Master Plan.

Within the past decade, the City has rehabilitated or implemented upgrades to each of its ten wastewater pump staƟons. With these upgrades, each pump staƟon is capable (see Table 2-2 within AƩachment C) of handling projected ulƟmate peak wastewater Ňows with one pump out of operaƟon.

The City has also implemented upgrades to major trunk sewers and sewer mains. With these completed capital improvements, sewer main and pump staƟon faciliƟes within each of the seven tributary areas are capable of handling projected peak ulƟmate wastewater Ňows.

Because exisƟng wastewater collecƟon faciliƟes are sized to handle peak ulƟmate wastewater Ňows, no long-term or short-term capacity-related capital improvements within the City's sewer collecƟon system are required. The City, however, conƟnues to assess capacity needs and upgrades (along with replacement/rehabilitaƟon needs) as part of its annual CIP process.

The City of San Clemente maintains appropriate design criteria for esƟmaƟng wastewater Ňows and designing and construcƟng wastewater collecƟon faciliƟes.

Flow EsƟmaƟon Criteria.

As discussed in SSMP Element 5, the City's Standard Provisions establish standard wastewater unit Ňow factors that are, in part, based on observed wastewater Ňows generated within the City.

The Standard Provisions also establish peak Ňow factors for determining peak wastewater Ňows. The required peaking factors are based on a comparison of average and peak wet weather sewer Ňows observed within the City. The City's Wastewater Master Plan documents that these with peaking factors are consistent with peaking factors observed in other locaƟons within Orange County.

As a result of the City's ongoing water conservaƟon eīorts, per capita unit wastewater generaƟon rates within the City are currently below the approximately 90 gallons per capita per day rate documented within the City's Wastewater Master Plan. Because of these water conservaƟon eīorts, an extra factor of capacity assurance safety is incorporated into the unit Ňow generaƟon rates established in the Standard Provisions.

The current Ňow esƟmaƟon criteria established within the Standard Provisions are thus conservaƟve and are adequate for ensuring adequate sewer system capacity. Consequently, no changes in the City's Ňow generaƟon standards are required.

Sewer Sizing Criteria.

The City's Standard Provisions establish sewer design criteria that address required sewer sizes, Ňow velociƟes, maximum depth of Ňow, slopes, and lateral connecƟon sizes. 1337

SYSTEM EVALUATION, CAPACITY ASSURANCE, CAPITAL IMPROVEMENTS © 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 58 of 69 The City's sewer design criteria are in accordance with standard sewer slope, depth of Ňow, velocity and size criteria set forth in standard sewer design manuals and handbooks developed by professional organizaƟons.

The City's sewer design criteria are also in accordance with the normal standard of pracƟce in use within Southern California. AddiƟonally, the criteria have been veƩed as part of sewer Ňow projecƟons and modeling work conducted within the City's Wastewater Master Plan. Further, operaƟons experience of the City's wastewater collecƟon faciliƟes (which have been constructed in accordance with sizing, slope, and other design criteria set forth in the Standard Provisions) does not indicate any deĮciencies within the City's sewer sizing or design criteria.

Capacity Enhancement Measures and Schedule
All capacity-related enhancement recommendaƟons presented in the City's Wastewater Master Plan have been implemented. Trunk sewers and sewer mains within the San Clemente WRP service area have adequate capacity to handle projected ulƟmate peak Ňows, and all pump staƟons are capable of handling projected peak Ňows with one pump out of service. No addiƟonal capacity enhancement measures are required in order to meet projected ulƟmate peak Ňow demands.

To be proacƟve, the City annually assesses its overall system Ňow capacity and evaluates the need to address any issues and/or complete any addiƟonal Ňow monitoring or modeling.

EFFECTIVENESS
The City uƟlizes the following Key Performance Indicators for measuring eīecƟveness of this Element:
x Number of capacity-related spills or surcharge condiƟon during the audit period. x Has there been any changes to zoning designaƟons (residenƟal, commercial, industrial)?

IMPLEMENTATION PLAN/SCHEDULE
No Plan Schedule Responsible Party
Eng UM Supt

8.2.1 Monitor/evaluate signiĮcant rain
events. Each signiĮcant rain event X X

8.2.2 IdenƟfy and monitor Ňood-prone
areas suscepƟble to erosion from rain
events
Before and aŌer each signiĮcant
rain event X

8.2.3 Monitor Ňows in each basin and
update the hydraulic model
Per Engineering Department CIP
schedule XX
1338

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8.3. PrioriƟzaƟon of CorrecƟve AcƟon

WDR REQUIREMENTS
AƩachment D-8.3 (pg. D-9)
“The Įndings of the condiƟon assessments and capacity assessments must be used to prioriƟze correcƟve acƟons. PrioriƟzaƟon must consider the severity of the consequences of potenƟal spills.”

COMPLIANCE
Approach
The City uƟlizes rouƟne CCTV inspecƟon data and results from its ongoing capacity to add projects to its CIP.

District Staī is trained and adheres to the NAASCO PACP standards to prioriƟze the pipelines which are tagged to be included in the CIP.

InŇow/InĮltraƟon
Historically, the City has had few areas where capacity has become an issue during extremely heavy rainfall events (InŇow). The City has had some issues with groundwater inĮltraƟon during Ɵmes when the water table was high. Due to the geography that the City serves, there have been issues with pipelines being washed out during heavy rainfall events. To ensure the integrity of the collecƟon system, the City has invoked several aggressive maintenance pracƟces that includes an InŇow and InĮltraƟon (I&I) reducƟon program. The I&I program is designed to idenƟfy and eliminate sources of I&I within the City’s sanitary collecƟon system through the selecƟve use of smoke tesƟng, Ňow monitoring, and CCTV. Those areas suspected of providing potenƟal I&I will be subject to addiƟonal evaluaƟon, such as smoke tesƟng, to determine the extent of their I&I potenƟal. Areas of the City’s collecƟon system requiring an engineering soluƟon to I&I will be added to the City’s modiĮed CIP program list. The City also performs annual visual inspecƟons of pipelines located along riverbanks and creek banks.

Capacity
The City annually assesses capacity and rehabilitaƟon/replacement needs as part of its CIP evaluaƟons.

UƟliƟes Division managers also conƟnually assess the potenƟal for changed condiƟons (e.g., changes in wastewater Ňows, new development or sewer users, peak Ňow Ɵming, inĮltraƟon and inŇow trends) that may require re-evaluaƟon of system Ňows and faciliƟes capacity needs.

If these ongoing evaluaƟons indicate the potenƟal for peak wastewater Ňows in excess of those addressed in the exisƟng master plan, UƟliƟes Division management will take acƟons to update the sewer system master plan and faciliƟes needs to reŇect the changes in wastewater Ňow trends.

EFFECTIVENESS
The City uƟlizes the following Key Performance Indicators for measuring eīecƟveness of this Element:
x Has the City adhered to its system evaluaƟon/condiƟon assessment schedule? x Has the City adhered to its prioriƟzaƟon/correcƟve procedures for sewer repair and capacity improvement projects?
x Have projects been completed before deĮciencies caused failures? 1339

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IMPLEMENTATION PLAN/SCHEDULE
No. Plan Schedule Responsible Party
Dir UM Supt

8.3.1 UƟlize all available data for prioriƟzing correcƟve acƟons considering severity and consequences of
potenƟal spills.

Each CIP Update X X

8.3.2 Maintain documents and recordkeeping of system
evaluaƟon and condiƟon assessment inspecƟons
and acƟviƟes.

ConƟnuously X X
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8.4. Capital Improvement Plan

WDR REQUIREMENTS
AƩachment D-8.4 (pg. D-9)
“The capital improvement plan must include the following items:
x Project schedules include compleƟon dates for all porƟons of the capital improvement program;
x Internal and external project funding sources for each project; and x Joint coordinaƟon between operaƟon and maintenance staī, and engineering staī/consultants during planning, design, and construcƟon of capital improvement projects; and InterCity coordinaƟon with other impacted uƟlity agencies.”

COMPLIANCE
The City develops and annually updates a six-year Capital Improvements Plan (CIP) to plan and budget for capital improvement projects in the upcoming year and Įve future years. As part of the annual CIP review, UƟliƟes Division managers idenƟfy and prioriƟze long-term faciliƟes improvements to lessen the potenƟal for spills.

Within this prioriƟzaƟon process, UƟliƟes Division management review exisƟng faciliƟes capaciƟes and performance, exisƟng wastewater Ňows and Ňow projecƟons, master planning documents, past spill experience, faciliƟes inspecƟon reports, and recommendaƟons from Įeld personnel. In assessing capacity upgrades and replacement/rehabilitaƟon needs and prioriƟes, UƟliƟes Division management considers:
x Prior master planning analyses and recommendations,
x Age, condiƟon, and projected lifespan of exisƟng faciliƟes, equipment, or instrumentation, x Rated capacity of exisƟng faciliƟes and anƟcipated future capacity needs, x Observed peak Ňows and projected peak flows,
x Soil condiƟons and the potenƟal for erosion,
x Access considerations,
x Materials availability and the potenƟal diĸculty of repair in the event of failure of the facility, x Previous maintenance problems, past operaƟng history, or past failures or breaks, x LocaƟon of faciliƟes, and
x Watercourses or beneĮcial uses that could be aīected by spill-related impacts.

On the basis of the above evaluaƟons, UƟliƟes Division management each year:
x IdenƟĮes and evaluates new facility’s needs, rehabilitaƟon needs, and facility replacement needs, x Re-evaluates CIP needs idenƟĮed or planned during prior years, and x Develops an updated prioriƟzaƟon list and recommended schedule of CIP projects for the upcoming year and the subsequent Įve years (six-year planning window).

CIP recommendaƟons developed by UƟliƟes Division management are submiƩed to City management and the City Council for review and approval. The approved CIP is used by the City in establishing budget and 1341

SYSTEM EVALUATION, CAPACITY ASSURANCE, CAPITAL IMPROVEMENTS © 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 62 of 69 funding needs for the City's wastewater operaƟons. CIP costs include costs for planning, design, construcƟon, and construcƟon inspecƟon (see Appendix 8.1 for CIP project lists).

EFFECTIVENESS
The City uƟlizes the following Key Performance Indicators for measuring eīecƟveness of this Element:
x Has the City’s capital improvement plan schedule been adhered to?

IMPLEMENTATION PLAN/SCHEDULE
No. Plan Schedule Responsible Party
UM Eng Supt

8.4.1 Hold regular coordinaƟon meeƟngs, with all
parƟes, to help keep the projects on track and
resolve issues that may arise in a Ɵmely manner.

Annually X X

8.4.2 For schedules that are not followed, jusƟfy and
document the reason.

Each Delayed
Project XXX

RESILIENCE
Resilience is addressed in Element 8 by:
x Annual review of the Capital Improvement Plan by all appropriate individuals including Management, Engineering, and OperaƟons during budget preparaƟon.

APPENDIX 8 INCLUSIONS
x 8.1 Capital Improvement Plan (CIP) List of Projects
1342

MONITORING, MEASUREMENT, AND PROGRAM MODIFICATIONS
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 63 of 69

9. Monitoring, Measurement, and Program ModiĮcaƟons

WDR REQUIREMENTS
AƩachment D-9 (pg. D-9)
“The Plan must include an AdapƟve Management secƟon that addresses Plan-implementaƟon eīecƟveness and the steps for necessary Plan improvement, including:
x Maintaining relevant informaƟon, including audit Įndings, to establish and prioriƟze appropriate Plan acƟviƟes;
x Monitoring the implementaƟon and measuring the eīecƟveness of each Plan element; x Assessing the success of the prevenƟve operaƟon and maintenance acƟviƟes:
x UpdaƟng Plan procedures and acƟviƟes, as appropriate, based on results of monitoring and performance evaluaƟons; and
x IdenƟfying and illustraƟng spill trends, including spill frequency, locaƟons, and esƟmated volumes.”

COMPLIANCE
The above requirements are addressed below:
x The City maintains accurate and relevant inspecƟon and maintenance records for the collecƟon system. Much of the documentaƟon today is maintained electronically, which allows for ease of access and analysis. This helps City staī to make sound decisions and prioriƟze acƟviƟes when dealing with the rouƟne and the unexpected.
x Monitoring of the City’s SSMP focuses on each element in terms of its implementaƟon and eīecƟveness. The SSMP has been designed to include key performance indicators for each element, which are used to measure eīecƟveness. In addiƟon, implementaƟon responsibiliƟes are included for each element to help ensure the SSMP is being implemented as intended. x The City assesses the success of maintenance and operaƟon acƟviƟes by ensuing acƟviƟes are being performed as expected, by monitoring actual outcomes compared to intended outcomes, as well as monitoring spill trends.
x The City is commiƩed to conƟnuous improvement and monitors and evaluates performance of work programs and SSMP elements to ensure intended outcomes are achieved while looking for areas for improvement. Although the SWRCB requires that the SSMP be updated every six years, the SSMP should be considered as a dynamic document and may require updaƟng on a more frequent basis. RouƟne changes to administraƟve informaƟon, notwithstanding, minor changes will likely be required to address improvements idenƟĮed through the SSMP Audit or through modiĮcaƟons required as condiƟons change.
x The City monitors spill trends, at a minimum every three years during required audits, uƟlizing the CMMS database, inspecƟon records and CIWQS data. These resources are helpful in planning and programing work, and adjusƟng as needed, enabling the City to be adapƟve and capitalize on lessons learned (see Appendix 9.1, Performance Measures Report). 1343

MONITORING, MEASUREMENT, AND PROGRAM MODIFICATIONS
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 64 of 69

EFFECTIVENESS
The City uƟlizes the following Key Performance Indicators for measuring eīecƟveness of this Element:
x Are SSMP Elements being periodically evaluated for eīecƟveness? x Are work acƟviƟes and spill events being documented?
x Has a plan and schedule been established to address audit Įndings/deĮciencies from the last audit?
x Is Trend Analysis being performed on spill causes?
x Have work programs been assessed and updated as necessary?

IMPLEMENTATION PLAN/SCHEDULE
No. Plan Schedule Responsible Party
Dir UM Supt

9.1 Assess work programs to ensure
outcomes are as intended. Annually X X

9.2 Prepare updates to work programs
and the SSMP based on assessments. As Needed X X

9.3 Monitor and evaluate spill trends.

Document eīorts. Annually X X X

RESILIENCE
Resilience is addressed in Element 9 by:
x Development of key performance indicators to measure eīecƟveness of the SSMP. x Performing periodic reviews of the SSMP to help ensure it is being properly implemented. x Developing and adhering to a Ɵmeline to correct deĮciencies found during the audit process. x Periodically evaluaƟng work programs to help ensure eīecƟveness.

APPENDIX 9 INCLUSIONS
x None
1344

INTERNAL AUDITS
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 65 of 69

10. Internal Audits

WDR REQUIREMENTS
AƩachment D-10 (pg. D-10)
“The Plan shall include internal audit procedures, appropriate to the size and performance of the system, for the Enrollee to comply with secƟon 5.4 (Sewer System Management Plan Audits) of this General Order.”

COMPLIANCE
The City is contracted with Fischer Compliance LLC for compleƟon of a Compliance EvaluaƟon InspecƟon (CEI) and Audit which is integrated into the 2025 SSMP Update. A Įnal completed SSMP Audit report is expected to be Įnalized in early September 2025 and will be aƩached to the SSMP report.

AddiƟonally, this SSMP includes a descripƟon of how the City will comply with the requirements of each Element. The audit review includes an evaluaƟon to determine if compliance has been met. x ImplementaƟon is evaluated by determining if the City is execuƟng the SSMP as stated. x EīecƟveness is evaluated by using key performance indicators, which have been developed speciĮcally for each element. An addiƟonal evaluaƟon is performed to comply with SpeciĮcaƟons

5.6 addressing resilience.
x Resilience indicators have been developed for each element. These indicators serve to demonstrate how resilience is built into the SSMP and inspecƟon, maintenance and spill response acƟviƟes (see Appendix 12.1).

Any deĮciencies discovered through the audit process are noted and a plan and schedule are included to facilitate implemenƟng correcƟve measures.

EFFECTIVENESS
The City uƟlizes the following Key Performance Indicators for measuring eīecƟveness of this Element:
x Have audits been performed as required?
x Have the audits assessed compliance, implementaƟon, and eīecƟveness? x Have deĮciencies been idenƟĮed?
x Has a plan and schedule to recƟfy the deĮciencies been established? 1345

INTERNAL AUDITS
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 66 of 69

IMPLEMENTATION PLAN/SCHEDULE
No. Plan Schedule Responsible Party
Dir UM Supt

10.1 Schedule audits in advance of due dates to
ensure adequate Ɵme to complete. City has 6
months to complete the audit from the end of
the audit period.

Beginning at end of
audit period X X X

10.2 Ensure a plan and schedule is developed to
address deĮciencies.

Once the Audit is
completed XXX

RESILIENCE
Resilience is addressed in Element 10 by:
x Periodically evaluaƟng key performance indicators during the audit period to assess eīecƟveness and make correcƟons, if necessary, prior to the audit.
x EvaluaƟng previous audits to ensure deĮciencies have been recƟĮed. x Scheduling the audit due dates and compleƟng the audit on Ɵme.

APPENDIX 10 INCLUSIONS
x 10.1 San Clemente 21-24 SSMP Internal Audit
1346

COMMUNICATION PROGRAM
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 67 of 69

11. CommunicaƟon Program

WDR REQUIREMENTS
AƩachment D-11 (pg. D-10)
“The Plan must include procedures for the Enrollee to communicate with:
x The public for:
x Spills and discharges resulƟng in closures of public areas, or that enter a source of drinking water; and
x The development, implementaƟon, and update of its Plan, including opportuniƟes for public input to Plan implementaƟon and updates.
x Owners/operators of systems that connect into the Enrollee’s system, including satellite systems, for:
x System operaƟon, maintenance, and capital improvement-related acƟviƟes.”

COMPLIANCE
In the event of a spill, the City follows standard procedures to secure the aīected area and restrict public access. This is generally done using barricades, cones and cauƟon tape. Should the City experience a spill that may require closure of public areas or enter a source drinking of water, signs will be immediately placed indicaƟng the issue and providing contact informaƟon. Staī will remain on site to provide an addiƟonal safety factor unƟl appropriate authoriƟes respond and direct otherwise. In all cases, the City will follow the advice of higher authoriƟes, such as the local environmental health department and other regulatory authoriƟes.

There are several opportuniƟes for stakeholders and the public to parƟcipate and provide input into the development and update of the City SSMP. During its iniƟal development stage, as with each SSMP Audit and update of the SSMP, the SSMP and related documents are presented to the City Council for review and acceptance. As previously noted, SSMP Audits are now performed every three years and re-cerƟĮcaƟon and acceptance of updated SSMPs is now required every six years. In addiƟon to the extensive iniƟal development process, to date there have been Įve updates and re-cerƟĮcaƟons of the SSMP that have been presented to the City Council.

Prior to each City Council MeeƟng, these documents are included in Council Agenda packet which are readily available for review on the City’s website. The SSMP is posted on the City’s website, which provides the public several ways to contact the City, via the “Contact Us” feature.

The SSMP is also available for public viewing on the City’s website or by appointment at the City oĸce.

To improve external communicaƟons and improve eīecƟveness during emergencies, the City periodically coordinates with its satellite collecƟon system operator Santa Margarita Water District (Talega) to monitor and evaluate the operaƟons and also maintains mutual aid assistance with surrounding collecƟon system agencies (Santa Margarita Water District, South Coast Water District, Irvine Ranch Water District, and Moulton Niguel Water District). The City is also a member of the Metropolitan Water District of Orange County (MWDOC) and their emergency response network, the Water Emergency Response OrganizaƟon of Orange County (WEROC), and rouƟnely parƟcipates in emergency preparedness training, monthly radio 1347

COMMUNICATION PROGRAM
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 68 of 69 checks, and resource sharing exercises in order to support water and wastewater agencies in the region in the event of an emergency.

EFFECTIVENESS
The City uƟlizes the following Key Performance Indicators for measuring eīecƟveness of this Element:
x Does the City place all SSMP acƟon items on the agenda for regular counsel/board meeƟngs? x Does the City have signage, or other means, readily available to noƟfy the public of environmental or public risk factors related to a sewage spill?
x Does the City perform outreach to residenƟal customers?

IMPLEMENTATION PLAN/SCHEDULE
No. Plan Schedule Responsible Party
Dir UM Supt

11.1 Ensure the City Council approves the SSMP per
schedule. Every 6 years X

11.2 Ensure the SSMP is posted on the City website and the link funcƟons properly. Annually X

11.3 Ensure Sewage Spill Warning signs are readily available to communicate with the public when necessary Annually X

RESILIENCE
Resilience is addressed in Element 11 by:
x Use the SSMP as a tool to communicate to the public how the City is managing the system. x Maintain a consistent presence in the service area by aƩending community events or issuing periodic newsleƩers or other communicaƟons to the public. x Make it clear and easy for the public to contact the City.

APPENDIX 11 INCLUSIONS
x None
1348

APPENDICIES
© 2025 Fischer Compliance, LLC. All rights reserved. SSMP licensed for City of San Clemente use only. Page 69 of 69 List of Appendices
APPENDIX 1 x None
APPENDIX 2 x None
APPENDIX 3 x None
APPENDIX 4 x 4.1 Sewer OperaƟons and Maintenance Report (2015) APPENDIX 5 x None
APPENDIX 6 x None
APPENDIX 7 x None
APPENDIX 8 x 8.1 Capital Improvement Plan (CIP) List of Projects APPENDIX 9 x None
APPENDIX 10 x 10.1 San Clemente 21-24 SSMP Internal Audit APPENDIX 11 x None
APPENDIX 12 x None
1349
1350
1351
1352
1353
1354
1355
1356
1357
1358
1359
1360
1361
1362
1363
1364
1365
1366
1367
1368
1369
1370
1371
1372
1373
1374
1375
1376
1377
1378
1379
1380
1381
1382
1383
1384
1385
1386
1387
1388
1389
1390
1391
1392
1393
1394
1395
1396
1397
1398
1399
1400
1401
1402
1403
1404
1405
1406
1407
1408

CAPITAL IMPROVEMENT PROGRAM

PROJECT SCHEDULE
FY 2025 - FY 2026
1 of 1
Fall
Project No. Project Description Prior Fund Project Lead Dept Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May June 12004 /
12210.1 Cyprus Shore Storm Drain_Sewer Lift Station (*) H 054 Belgin/Amir Util C C C C C C C C C C C C 28206 Sewer System Lining M 054 Bel/Cesar Util C C C C C C C C C C C C 32201 Frontera Lift Station Slope Evaluation H 054 Amir Util D D D D D D D B B 23802.1 Montalvo and Riviera Trail Coating Replacement (*) H 001 Belgin Maint. C C C C C C 24204 Calafia State Park Sewer Rehab M 054 Bel/Cesar/PM Util Belgin's (Updated on 3/26/2025)
CIP Maintenance
Fall
Project No. Project Description Prior Fund Project Lead Dept Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May June 24200 Columbo Inclinometer / Geo Invest Study (*) M 054 Jacob/Amir Engr D D D D D D D D D Monitr Monitr Jake Ohana (Updated on 4/23/2025)
Fall
Project No. Project Description Prior Fund Project Lead Dept Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May June 21208.0 Marquita Slope Interim Reconstruct (*) H 054 Shawn Engr C C C C C C C C C C C C Shawn Ryan (Updated on 4/23/2025)
Fall
Project No. Project Description Prior Fund Project Lead Dept Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May June 24200.2 Sewer System Rehab M 052 Dustin Util C C C C C C C C C C C C 12605 Sewer System Scada Implementation M 054 Dustin Util Dustin Burnside
FY 2025
Summer Winter Spring
FY 2025
Spring
FY 2025
Summer Winter
Winter Spring
FY 2025
Summer Winter SpringSummer
10/8/2025
1409

CAPITAL IMPROVEMENT PROGRAM

PROJECT SCHEDULE
FY 2025 - FY 2026
1 of 1
Project No. Project Description Prior Fund Project Lead Dept Jul Aug Sept Oct Nov Dec Jan Feb Mar April May June 12004 /
12210.1 Cyprus Shore Storm Drain_Sewer Lift Station (*) H 054 Belgin/Amir Util C C C 28206 Sewer System Lining M 054 Bel/Cesar Util C C C C C C C C C C C C 32201 Frontera Lift Station Slope Evaluation H 054 Amir Util B C C C C C C C 23802.1 Montalvo and Riviera Trail Coating Replacement (*) H 001 Belgin Maint. C C C 24204 Calafia State Park Sewer Rehab M 054 Bel/Cesar/PM Util onitor till October DDDDDBBB CC Belgin's (Updated on 3/26/2025)
CIP Maintenance
Project No. Project Description Prior Fund Project Lead Dept Jul Aug Sept Oct Nov Dec Jan Feb Mar April May June 24200 Columbo Inclinometer / Geo Invest Study (*) M 054 Jacob/Amir Engr Monitr Jake Ohana (Updated on 4/23/2025)
Project No. Project Description Prior Fund Project Lead Dept Jul Aug Sept Oct Nov Dec Jan Feb Mar April May June 21208.0 Marquita Slope Interim Reconstruct (*) H 054 Shawn Engr CC Shawn Ryan (Updated on 4/23/2025)
Project No. Project Description Prior Fund Project Lead Dept Jul Aug Sept Oct Nov Dec Jan Feb Mar April May June 24200.2 Sewer System Rehab M 052 Dustin Util C C C C C C C C C C C C 12605 Sewer System Scada Implementation M 054 Dustin Util CCCCCCCCC Dustin Burnside
Fall
FY 2026
Summer Fall Winter Spring
FY 2026
Spring
Construction Gap
Summer Fall Winter
Winter Spring
FY 2026
Summer Fall Spring
FY 2026
Winter
Summer
10/8/2025
1410
  





  
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1452
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: October 21, 2025 Agenda Item: 11K.

Submitted By: Public Works
Prepared By: Zak Ponsen, Assistant City Engineer
Dave Rebensdorf, Public Works Director/City Engineer
Subject:
..titl e
CONSIDERATION OF A RESOLUTION APPROVING FINAL PARCEL MAP 2025-109, 214

WEST MARIPOSA DUPLEX
..body CONDOMINIUM SUBDIVISION
Fiscal Impact:

None.

Summary:
214 Mariposa LLC, a California limited liability company and its managing member, Harold L.

Alzate, the property owner and Subdivider of Final Parcel Map 2025-109, has submitted the Final Parcel Map for City Council approval. Staff has confirmed that the proposed Final Parcel Map is in conformance with the approved Tentative Parcel Map. Pursuant to the Subdivision Map Act, a legislative body shall not deny approval of a Final Parcel Map if it has previously approved a Tentative Parcel Map for the proposed subdivision and if it finds that the Final Parcel Map is in substantial compliance with the previously approved Tentative Parcel Map. Thus, while the Subdivision Map Act and San Clemente Municipal Code Chapter 16 require City Council action to approve the Final Parcel Map, that action is ministerial.

Background:

Parcel Map 2025-109 contains two residential condominium dwelling units on one 4,024 squarefoot lot. The California Coastal Commission approved a Coastal Development Permit (5-25-0015- W) on March 19, 2025.
1453
Meeting Date: October 21, 2025 Agenda Item: 11K.

CITY OF SAN CLEMENTE 2
The Conditions, Covenants and Restrictions (CC&Rs) for the project have been reviewed and approved by the City Attorney. The City Engineer has reviewed and is satisfied with the quitclaims in favor of the City that the Subdivider obtained from all persons having any interest in existing rights-of-way for pipelines for the conveyance of water, and for all rights to all underground water. The Subdivider has satisfied all other Conditions of Approval that are required prior to Final Parcel Map approval. The only remaining action for satisfying the Conditions of Approval is for the Subdivider to record the CC&Rs in a form acceptable to the City Attorney, which will be recorded immediately after the Final Parcel Map. Copies of the proposed Final Parcel Map and approved Tentative Parcel Map are available for review at City Hall in the Public Works, Engineering Division
Council Options:
 Adopt Resolution No. 25-155 (Attachment 1), approving Final Parcel Map 2025-109, accepting the water rights as dedicated.
 Modify and adopt Resolution 25-155.
 Continue the item and direct staff to provide additional information.  Deny Resolution No. 25-155 until the CC&Rs have been finalized or pursuant to the provisions of the Subdivision Map Act and the City Municipal Code Chapter 16, Final Parcel Maps require City Council action for approval, denial, or modifications. Per Subdivision Map Act (Government Code section 66474.1), a legislative body shall not deny approval of a Final Parcel Map if it has previously approved a Tentative Parcel Map for the proposed subdivision and if it finds that the Final Parcel Map is in substantial compliance with the previously approved Tentative Parcel Map. The Tentative Parcel Map 2025-109 was approved by the Zoning Administrator on October 17, 2024 through Resolution ZA 24-019. See Attachment 2.

Unless the City Council finds that the Final Parcel Map is not in substantial compliance with the previously approved Tentative Parcel Map, approving the Final Parcel Map is a ministerial action.

Environmental Review/Analysis:

This project was previously found Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15315 (Class 15: Minor Land Divisions) and 15301.k (Class 1: Existing Facilities) in connection with the approval of the Tentative Parcel Map. The approval of a Final Parcel Map is a ministerial action and not a “project” under CEQA.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council approve Resolution No. 25-155, which would:

1. Approve the Final Parcel Map 2025-109 as it conforms to the requirements set forth in the Subdivision Map Act and the previously approved Tentative Parcel Map; 1454
Meeting Date: October 21, 2025 Agenda Item: 11K.

CITY OF SAN CLEMENTE 3

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

3. Authorize and direct the Public Works Director/City Engineer to execute the Final Parcel Map; and

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

1. Final Parcel Map Resolution No. 25-155

2. Zoning Administrator Staff Report, dated October 17, 2024 Notification:

Bryce Bragger, beneficiary/representative
Harold L. Alzate, property owner
1455
Attachment 1
4860-5047-5367 v1
RESOLUTION NO. 25-155

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING FINAL
PARCEL MAP 2025-109, LOCATED AT 214 WEST

MARIPOSA
WHEREAS, the property owner and subdivider, 214 Mariposa LLC, a California limited liability company and its managing member, Harold L. Alzate, owns a two-unit apartment building located at 215 West Mariposa; and
WHEREAS, the subdivider applied for a Tentative Parcel Map in order to subdivide the two-unit apartment building into two condominiums; and WHEREAS, the Tentative Parcel Map 2025-109 was approved by the Zoning Administrator on October 17, 2024 through Resolution ZA 24-019; and WHEREAS, Resolution ZA 24-019 included Conditions of Approval for the subdivider to obtain California Coastal Commission approval for the proposed Final Parcel Map, City Attorney approval of Conditions, Covenants and Restrictions (CC&Rs), and obtain from all persons having any interest in existing rights of way for pipelines for the conveyance of water and the rights to all underground water; and WHEREAS, the CC&Rs have been reviewed by the City Attorney and have been approved; and
WHEREAS, the subdivider has satisfied all Conditions of Approval and offered to the City all water rights as dedicated; and
WHEREAS, this project was previously found Categorically Exempt from the requirements of the California Environmental Quality Act pursuant to CEQA Guidelines Section 15315 (Class 15: Minor Land Divisions) and 15301.k (Class 1: Existing Facilities) in connection with the approval of the Tentative Parcel Map; and WHEREAS, pursuant to the provisions of the Subdivision Map Act and the City Municipal Code Chapter 16, Final Parcel Maps require City Council action for approval, denial, or modifications; and
WHEREAS, on October 21, 2025, at a regular meeting of the City Council, the City Council considered approval for Final Parcel Map 2025-109.

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

SECTION 1. That the above recitations are true and correct and incorporated fully herein.
1456
Resolution No. 25-155 Page 2
SECTION 2. That the City Council finds that the Final Parcel Map 2025-109 conforms to the requirements set forth in the Subdivision Map Act and the previously approved Tentative Parcel Map.

SECTION 3. The San Clemente City Council approves Final Parcel Map 2025- 109.

SECTION 4. The San Clemente City Council accepts on behalf of the City of San Clemente the water rights as dedicated on Final Parcel Map 2025-109.

SECTION 5. That the Public Works Director/City Engineer is authorized to execute the Final Parcel Map.

SECTION 6. That the City Clerk is authorized to sign and submit the Final Parcel Map for recordation with the County of Orange Recorder’s Office.

SECTION 7. 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 October, 2025.
____________________________
Steve Knoblock, Mayor of the City
of San Clemente, California
ATTEST:
__________________________
CITY CLERK of the City of
San Clemente, California
1457
Resolution No. 25-155 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. 25-155 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of October, 2025, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ________________, ________. _______________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
1458

STAFF REPORT

SAN CLEMENTE ZONING ADMINISTRATOR
Meeting Date: October 17, 2024
PLANNER: David Carrillo, Associate Planner
SUBJECT: Public Hearing Project (PHP) 24-304, Mariposa Duplex Condominium Subdivision, a request to approve
Tentative Parcel Map (TPM) 24-314 allowing a duplex
condominium subdivision for individual ownership of two dwelling units, and finding that the project is Categorically Exempt from the California Environmental Quality Act
under Sections 15301 (14 CCR § 15301, Class 1: Existing Facilities) and 15315 (14 CCR § 15315, Class 15: Minor
Land Divisions) of the CEQA Guidelines.

LOCATION: 214 W. Mariposa (APN 692-073-06)

ZONING/GENERAL
PLAN:

Residential Medium Zoning District and Coastal Zone Overlay District (RM-CZ)
PROJECT SUMMARY:
• Background:
o The site is a 4,051 square-foot interior lot, currently undergoing construction of a two-story duplex building, under Building Permit B21-2554. The site abuts a historic resource at 212 W. Mariposa to the east. Surrounding land uses include single- and multi-family residences to the north, east, south, and west. o The RM Zone permits one dwelling unit per 1,800 square feet of lot area, so two dwelling units are the maximum that may be authorized on the subject site. • Proposed Project: The applicant requests to subdivide the airspace of the lot to allow for two condominium units. The proposal would allow for separate ownership of each condominium unit and a portion of common areas.
• Approval Authority: Municipal Code Section 16.04.015(G)(1) requires Zoning Administrator approval of Tentative Parcel Map applications for condominium subdivisions.
• Project Findings: The project meets required findings and staff supports the proposed request based on the following:
`t
Attachment 2
1459
Mariposa Duplex Condominium Subdivision Page 2
o The project is limited to subdividing the lot’s airspace to allow for separate ownership of two condominium units and does not have any potential environmental impacts.
o The City limits the number of annual condominium conversions that can occur; however, per SCMC 16.14.010, that restriction “shall not apply to condominium projects involving buildings which have not been previously occupied or buildings for which the City has not issued a final inspection or certificate of occupancy for a use other than condominiums”. As the duplex at this property is still under construction, these units are not subject to (and do not count towards) the annual limit on conversions.
o Conditions of approval are included requiring Covenants, Conditions, and Restrictions (CC&Rs) to establish maintenance responsibilities over all common areas, including driveways, parking, landscaped areas, walls, private accesses, and drainage. The CC&R’s may include the creation of an Association. o The proposal complies with the Municipal Code, building, health, and safety codes, and other applicable regulations and policies. This includes, but is not limited to, parking and density requirements for condominium subdivisions in the Municipal Code (Title 16).
• Public Comment: Public comments have not been received on this item. o Coastal Act: The site is within the Coastal Zone, within the Categorical Exclusion Order Area, but subdivisions/parcel maps are not an excluded category of development; therefore, the project requires review and approval by the California Coastal Commission. The project is not subject to the Mello Act in that there are no occupied residences at the subject site. The approved duplex under construction improves a vacant lot, and the condominium subdivision does not remove or convert any occupied housing units, including affordable units, within the Coastal Zone. o CEQA: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Class 1: Existing Facilities) and 15315 (Class 15: Minor Land Divisions):
o The project involves the subdivision of airspace for two condominium units in an urbanized area zoned for multi-family residential use.
o The project conforms to the San Clemente General Plan and Zoning Ordinance, and no variances or exceptions are required.
o All public services and access to the project site are available. o The site was not involved in a division of a larger parcel within the last two years. o The parcel does not have an average slope greater than 20 percent.

RECOMMENDATION:

Based on the information in the staff report and subject to the required findings and conditions of approval, staff recommends that the Zoning Administrator:

1460
Mariposa Duplex Condominium Subdivision Page 3

1. Determine the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section 15301 (Class 1: Existing Facilities) and 15315 (Class 15: Minor Land Divisions); and

2. Adopt Resolution ZA 24-019, approving Public Hearing Project (PHP) 24-304 for Tentative Parcel Map 24-314, Mariposa Duplex Condominium Subdivision, subject to conditions of approval.

Attachments:

1. Resolution ZA 24-019
Exhibit A - Conditions of Approval

2. Location Map

3. Tentative Parcel Map
1461
RESOLUTION NO. ZA 24-019

A RESOLUTION OF THE ZONING ADMINISTRATOR OF

THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP (TPM) 24-314, MARIPOSA

DUPLEX CONDOMINIUM SUBDIVISION, A REQUEST TO

ALLOW A DUPLEX CONDOMINIUM SUBDIVISION FOR

INDIVIDUAL OWNERSHIP OF TWO DWELLING UNITS ON A
PROPERTY LOCATED AT 214 WEST MARIPOSA, AND

FINDING THAT THE PROJECT IS CATEGORICALLY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT SECTIONS 15301 (14 CCR § 15301, CLASS
1: EXISTING FACILITIES) AND 15315 (14 CCR § 15315,
CLASS 15: MINOR LAND DIVISIONS) OF THE CEQA
GUIDELINES.

WHEREAS, on June 27, 2024 an application was submitted by Harold Alzate, for Tentative Parcel Map (TPM) 24-030, and deemed complete on September 16, 2024; a request to allow a duplex condominium subdivision for individual ownership of two dwelling units. The subject site is under construction for a duplex permitted by Building Permit B21-2554, located in the Residential Medium Zoning District and Coastal Zone Overlay District (RM-CZ). The site’s legal description is N TR 793 BLK 20 LOT 6 and the Assessor’s Parcel Number is 692-073-06; and
WHEREAS, the Planning Division has completed an initial environmental assessment of the above matter in accordance with the California Environmental Quality Act (CEQA) and recommends the Zoning Administrator determine the project is Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Class 1: Existing Facilities) and 15315 (Class 15: Minor Land Divisions). This is recommended because the project involves a two-unit condominium subdivision of a duplex in an urbanized area and no exceptions identified in CEQA Guidelines Section 15300.2 are applicable; and
WHEREAS, on August 22, 2024 the City's Development Management Team (DMT) reviewed the proposed project to ensure compliance with the General Plan, Zoning Ordinance, and other applicable City ordinances and codes; and WHEREAS, in accordance with City and State requirements, notice of the public hearing was published in the San Clemente Times newspaper on October 3, 2024, posted at the project site, and mailed to all property owners within 300 feet of the subject parcel; and
WHEREAS, on October 17, 2024, the Zoning Administrator of the City of San Clemente held a duly noticed public hearing on the subject application, considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties.

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

ATTACHMENT 1
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Resolution No. ZA 24-019 Page 2
Section 1. Incorporation of Recitals.

The Zoning Administrator hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the Zoning Administrator as fully set forth in this resolution.

Section 2. CEQA Findings.

Based upon its review of the entire record, including the Staff Report, any public comments or testimony presented to the Zoning Administrator, and the facts outlined below, the Zoning Administrator hereby finds and determines that the proposed project is Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Class 1: Existing Facilities) and 15315 (Class 15: Minor Land Divisions).

The project is Categorically Exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15315 (Class 15, Minor Land Divisions) because the project involves the subdivision of two dwelling units, for individual ownership, in an urbanized area zoned for residential use. The airspace subdivision is in conformance with the General Plan, Subdivision Map Act, and zoning; no variances or exceptions are required, all public services and access to the proposed condominium units to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent.

Section 3. Tentative Parcel Map Findings
With respect to Tentative Parcel Map (TPM) 24-314, the Zoning Administrator finds as follows:

A. The site is physically suitable for the type of development, in that:

1. The project is limited to subdividing the airspace of a duplex into two condominium units for individual ownership purposes; and

2. There is an active building permit at the site to construct a new duplex. The building permit has been reviewed to ensure that the development complies with the Zoning Ordinance, building, health, and safety codes, and other applicable regulations and policies. This includes but is not limited to policies and regulations on land use, setbacks, utility connections, easement access, traffic design standards, et al.

B. The site is physically suitable for the proposed density of the development, in that:

1. The proposed density on the site complies with the maximum allowed for properties in the RM zoning district. The zoning district allows a maximum residential density of one unit per 1,800 square feet of lot area. The subject site is 4,051 square feet, with an allowed density of two units. 1463
Resolution No. ZA 24-019 Page 3
C. The design of the condominium conversion or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, in that:

1. The project is limited to subdividing airspace into two condominiums to allow for separate ownership of each dwelling unit; and

2. The site is in a developed residential area served by existing utilities and public services.

D. The design of the condominium subdivision or the type of improvements is not likely to cause serious public health problems, in that:

1. The project is limited to subdividing the airspace of a duplex into two condominiums to allow for separate ownership of each dwelling unit; and

2. The site is in a developed residential area served by existing utilities and public services.

E. The condominium subdivision, with its provisions for any design and improvements, is consistent with the General Plan, in that:

1. The project is limited to subdividing the airspace of a duplex into two condominium units for individual ownership purposes. The project is consistent with the Residential Medium General Plan Land Use Classification of the site; and

2. There is an active building permit at the site to construct a new duplex. The building permit has been reviewed to ensure that the development complies with the Zoning Ordinance, building, health, and safety codes, and other applicable regulations and policies. This includes but is not limited to policies and regulations on land use, setbacks, utility connections, easement access, traffic design standards, et al; and

3. The City limits the number of annual condominium conversions that can occur; however, per SCMC 16.14.010, that restriction “shall not apply to condominium projects involving buildings which have not been previously occupied or buildings for which the City has not issued a final inspection or certificate of occupancy for a use other than condominiums”. As the duplex at this property is still under construction, these units are not subject to (and do not count towards) the annual limit on conversions.

F. The design of the condominium subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision in that:

1. The proposed project is limited to subdividing a duplex into two condominium units for individual ownership purposes; and 1464
Resolution No. ZA 24-019 Page 4

2. There is an active building permit at the site to construct a new duplex. The building permit has been reviewed to ensure that the development complies with the Zoning Ordinance, building, health, and safety codes, and other applicable regulations and policies. This includes but is not limited to policies and regulations on land use, setbacks, utility connections, easement access, traffic design standards, et al.

Section 4. Zoning Administrator Approval.

Based on the foregoing recitals and findings above, and the written and oral comments, facts, and evidence presented, the City of San Clemente Zoning Administrator approves Tentative Parcel Map 24-314, Mariposa Duplex Condominium Subdivision, subject to the Conditions of Approval set forth in Exhibit A.

PASSED AND ADOPTED at a regular meeting of the City of San Clemente Zoning Administrator on October 17, 2024.
______________________________________
Adam Atamian, Zoning Administrator
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Resolution No. ZA 24-019 EXHIBIT A

CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP (TPM) 24-314

MARIPOSA DUPLEX CONDOMINIUM SUBDIVISION

1.0 GENERAL CONDITIONS OF APPROVAL

1.1 Within 30 days of receipt of the signed conditions of approval, the applicant shall submit to the City Planner a signed
acknowledgement concurring with all conditions of approval on a form to be provided by the City. Failure to submit this acknowledgement may be grounds to revoke this approval.

Planning

1.2 The applicant shall defend (with council acceptable to the City), indemnify, and hold harmless the City of San Clemente and its officers, employees, and agents from and against any claim, action, proceeding, fines, damages, expenses, and attorneys’ fees, against the City, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, Zoning Administrator, or City employees or
environmental finding. Applicant shall pay all costs, The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter at the applicant’s cost. If the applicant fails to so defend the matter, the City shall have the right, at its own option, to do so and, if it does, the applicant shall promptly pay the City's full cost of the defense.

Planning

1.3 Use and development of this property shall be in substantial conformance with the approved plans, material boards and other applicable information submitted with this application, and with these conditions of approval. Any modifications to the project shall be reviewed by the City Planner in accordance with Zoning Ordinance Section 17.12.180.

Planning

1.4 The applicant shall comply with all applicable current and future provisions of the San Clemente Municipal Code, adopted
ordinances, and state laws.

All

1.5 Use of the subject property shall conform to all occupancy requirements, including posting of signs related to the maximum occupancy limitations.

Code
Comp

1.6 TPM 24-314 shall be deemed to have expired if within three years of approval the project is not commenced, or the project permitted Planning
1466
Resolution No. ZA 24-019, Exhibit A Page 2
by the approved application has lapsed, as defined by Zoning Ordinance Section 17.12.150.

1.8 The Applicant (including any property owners and managers, and their designees) shall use her/his best judgment and best management practices to ensure residential activities on the premises will be conducted in a manner that will not be disruptive to neighbors. The property owner(s) shall be responsible for ensuring compliance with the San Clemente Municipal Code (SCMC), and all conditions of approval contained herein. The Applicant (including any property owners and managers, and their designees) hereby understands that noncompliance with
regulations and conditions of approval, shall be immediate grounds for citation pursuant to SCMC Section 8.52.030(Y), which states, “It is declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in this City to maintain such premises in such manner that … A structure, improvement, property, and/or land use is not in compliance with terms and/or conditions of any City of San Clemente issued permit or approval,” and any subsequent revision of this section of the code. [Citation - Section 8.52.030(Y) of the SCMC]
Code
Comp**

2.0 PRIOR TO APPROVAL OF A FINAL MAP

2.1 2.2
Prior to final Parcel Map approval, the owner shall obtain final approval of all building permits, including, but not limited to, B21- 2554, required for the development of the duplex.

Prior to recordation of the final map, the applicant shall submit to the City Engineer evidence that the County Surveyor has approved a digitized tract/parcel map pursuant to Orange County Ordinance No. 3809 dated January 28, 1991. The owner or designee shall pay for all costs of said digital submittals, including supplying digital copies to the City of the final, County Surveyor-approved digital map in DXF format.

Planning
**
Public
Works

2.3 The applicant shall ensure the final map and construction drawings have consistent information between both documents, in areas such as, but not limited to, length and location of property lines, easements, building footprint and setbacks, and location and height of all walls.

Planning
**
Buyer Notification

2.4 A buyer's notification disclosure form shall be given to all potential buyers of the lots/units, which indicates the existence, operations, characteristics, and potential exposure to nuisance/objectionable odors/risk of upset/hazards of the following:

Planning
1467
Resolution No. ZA 24-019, Exhibit A Page 3
United States Marine Corps, Camp Pendleton
San Onofre Nuclear Generating Station
City of San Clemente Wastewater Treatment Plant
Orange County Flood Control Channel
Covenants, Conditions & Restrictions (CC&Rs)

2.6 The applicant shall submit to the City Planner, and must obtain approval from the City Attorney’s Office, Covenants, Conditions and Restrictions (CC&R's) which shall include the following provisions:

A. Creation of a Master Association and/or a Sub-association for the purpose of providing for control over the uniformity of boundary fencing, and the perpetual maintenance
responsibility of areas including, but not limited to, (delete or add as appropriate) all common areas, open space,
slopes, fuel modification zones, private medians and
greenbelts, arterial highway parkway landscaping, irrigation systems, landscaped areas, walls, driveways, parking
areas, trash areas, structures, private streets, street lights, and drainage. All streets, drainage, street lights, street signage and striping improvements within the interior of the subdivision designated as private shall remain private and shall be maintained by the Master Association and/or Subassociation, or such other provision for maintenance which may be subsequently approved by the City Council. In
addition, the CC&R's shall indicate all other areas to be owned and maintained by the Master Association and/or
Sub-association and that maintenance of all private
drainage facilities shall be in conformance with NPDES
requirements.

B. Within 15 days of the establishment of the homeowners association and/or the commercial property owners
association, the owner or designee is required to furnish the Board or Officers of each association a copy of each
approved tract map, a copy of the approved site and fencing plan, copies of all approved landscaping plans, a complete set of construction plans for the various residential model types, and approved plans indicating the locations and
characteristics of all major project components, utilities, and related data.

C. Following recordation of each final tract map, each Master Association of this tract shall submit to the City Planner, for distribution to the Fire and Beaches, Parks and Recreation Departments, and shall re-submit annually, a list of all current Property Owner Association officers of the
Association.

Planning
1468
Resolution No. ZA 24-019, Exhibit A Page 4
D. A statement indicating that any dedicated open space shall be retained by deed restriction as designated open space in perpetuity and maintained by a Master Association and/or the Sub-association, and that no development or encroachment shall be permitted within the designated open space.

E. A statement indicating that proposed amendments to any of the CC&R's shall be submitted for review to the City
Planner, and shall be approved by the City Attorney’s Office, prior to the amendments being valid.

F. A statement indicating that the City has the right, but not the obligation, to enforce any of the provisions of the CC&R's.

G. A statement indicating that storm drain facilities shall be inspected regularly as follows:
1) Open channels, catch basins and pipelines inspected
annually before storm season and removal of debris as
necessary.
2) All facilities shall have debris and sediment removed either manually or by mechanical methods. Flushing
shall be used in emergency situations only.

H. A statement obligating the Association(s) to provide to the Utilities Director annual reports in the month of June in compliance with the reporting requirements of codes and ordinances adopted by the City with respect to the NPDES program.

I. Identification of all fire prevention and defense provisions including: a) a fire lane map; b) provisions which prohibit parking in fire lanes and a method of enforcement; and c) provisions for maintenance of fuel modification zones
including the removal of all dead and dying vegetation and the inspection and correction of any deficiencies in the irrigation system three times a year; and a method for
keeping fire protection access easements unobstructed. A statement shall acknowledge that approval of the Chief of Fire Protection Services shall be required for any
modifications such as speed bumps, control gates, or
parking changes.

2.7 The applicant shall reimburse the City all costs associated with review of the project CC&Rs, Disclosure Statements, and any other applicable documents by the City Attorney’s Office.

Planning
Easements

2.8 The final map shall depict the location of all easements for open space, trails, water and sewer easements, storm drains and storm drain maintenance access, public street lights, utilities, reciprocal access, emergency access, slopes and slope maintenance, and landscaping. All drainage easements shall be a minimum of 15 Public
Works
1469
Resolution No. ZA 24-019, Exhibit A Page 5
feet. No drainage facilities accepted for dedication or maintenance by the City shall be located within slopes. (SCMC Section

16.28.030)

2.9 The applicant shall demonstrate to the satisfaction of the City Engineer that quitclaims in favor of the City have been obtained from all persons having any interest in existing rights of way for pipelines for the conveyance of water, and for all rights to all underground water. The right to all underground water, but without right of entry to the surface thereof, shall be conveyed to the City.

No easements shall be granted nor recorded over any portion of the property shown on the submitted record map between the date the tentative map is approved by the Planning Commission and the date the final or record map is recorded by the County Recorder. (SCMC Section 13.04.500)
Public
Works

2.24 2.36

7.0 7.17
Unless otherwise approved by the City Engineer, the owner shall provide independent water meters and separate services for each unit in the common area. All water meters shall be located in the public right of way or as otherwise approved by the City Engineer. (SCMC Section 16.32.010)
Prior to final parcel map approval, the owner shall pay or reimburse the City all costs associated with City Attorney review of the project CC&Rs, Disclosure Statements, and any other applicable
documents. In addition, the owner shall pay all applicable development and final map fees for each unit, which may include, but are not limited to, park acquisition and development impact fees. [Citation - S.C.M.C. Title 15, Building and Construction, Sections 15.52, 15.56, 15.60, 15.64, 15.68, 15.72].

OPERATIONAL CONDITIONS OF APPROVAL
The Applicant (including any property owners and managers, and their designees) shall ensure that discharge of washwater and other pollutants is prohibited from entering the storm drain system.

Applicant must prevent pollutants (e.g. sediment, trash, food waste etc.) and any washwater used during cleanup from entering the storm drain system.

Public
Works
Public
Works
**
Code
Comp
WQ
**
* Denotes a modified Standard Condition of Approval
** Denotes a project-specific Condition of Approval
1470
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: October 21, 2025 Agenda Item: 11L.

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

CONSIDERATION OF A RESOLUTION APPROVING AN EASEMENT FOR RIGHT OF WAY, CONSTRUCTION, AND MAINTENANCE FOR THE RESERVOIR NO. 5 SITE FROM RANCHO

SAN CLEMENTE COMMUNITY ASSOCIATION, AUTHORIZING THE CITY MANAGER TO

NEGOTIATE, FINALIZE AND EXECUTE THE EASEMENT, ACCEPTING THE EASEMENT

RIGHTS AS DEDICATED AND FINDING THE ACTIONS CATEGORICALLY EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body
Fiscal Impact:

There is no fiscal impact for acceptance of the easement.

Summary:

City staff have been working with Rancho San Clemente Community Association (RSCCA) to resolve access to the Reservoir No. 5 site. On October 7, 2025, the City Council approved a Temporary Agreement for right of entry, construction and maintenance which will be replaced by the proposed Easement Deed as shown in Attachment 2 with Exhibit A (legal description) and Exhibit B (Plat Map) forthcoming similar to Attachment 3 and the area shown below. The resolution before the City Council would approve and accept the easement, authorize the City Manager to execute the easement and find the actions categorically exempt under the California Environmental Quality Act.
1471
Meeting Date: October 21, 2025 Agenda Item: 11L.

CITY OF SAN CLEMENTE 2
Background:

Reservoirs 5 and 5A provide potable water storage for City customers at the highest elevations of the City. The site also hosts telecommunication facilities for numerous companies and public safety agencies to improve connectivity in a City where coverage can be challenging due to the hilly topography. When Rancho San Clemente was developed in the 1980-90’s, Reservoir 5A and a waterline along the Ridgeline Trail were constructed to provide service to the community.

Unfortunately, no documents have been found to reflect recorded easements for the purpose of providing the City and City lessee access to the reservoir site or for the waterline that serves the community.

City staff have been working with RSCCA to resolve this issue and recently finalized a temporary agreement for access and maintenance purposes, which the City Council approved on October 7, 2025. The proposed easement will replace the temporary agreement with respect to providing permanent access, construction and maintenance for the City and its lease holders.

A permanent easement for waterline purposes is still needed along the Ridgeline trail connecting Reservoirs 5/5A with Reservoir 12. This easement will take additional time to prepare due to the need to precisely locate the waterline and appurtenances and conduct surveying to ensure that the future easement contains the water system.

Council Options:
 Adopt Resolution No. 25-166, which will approve and accept an access easement for the Reservoir 5 site, authorize the City Manager to execute the easement, and find the actions categorically exempt under the California Environmental Quality Act.  Modify and adopt Resolution No. 25-166.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 25-166.

Environmental Review/Analysis:

These actions are categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 of the state CEQA Guidelines Section 15301 (14 CCR Section 15301, Existing Facilities) because they consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 25-166, which will:

1. Find the actions categorically exempt from CEQA under Class 1 of the state CEQA Guidelines Section 15301 (14 CCR Section 15301, Existing Facilities); 1472
Meeting Date: October 21, 2025 Agenda Item: 11L.

CITY OF SAN CLEMENTE 3

2. Approve and authorize the City Manager to negotiate, finalize and execute an easement for the Reservoir 5 site with RSCCA similar to the Easement Deed shown in Attachment 2 with any revisions necessary and advisable in consultation with the City Attorney;

3. Authorize the City Manager to negotiate and finalize the exhibits to such Easement Deed, including Exhibit A (legal description) and Exhibit B (Plat Map) to cover the area needed for City purposes as generally shown in Attachment Number 3; and

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

1. Resolution No. 25-166

2. Proposed Easement Deed for Reservoir 5

3. Proposed Easement Area
Notification:

RSCCA.
1473
Attachment 1
RESOLUTION NO. 25-166

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING AN

EASEMENT FOR RIGHT OF WAY, CONSTRUCTION, AND
MAINTENANCE FOR RESERVOIR NO. 5 SITE ACCESS

FROM RANCHO SAN CLEMENTE COMMUNITY

ASSOCIATION, AUTHORIZING THE CITY MANAGER TO

NEGOTIATE, FINALIZE AND EXECUTE THE EASEMENT,

ACCEPTING THE EASEMENT RIGHTS AS DEDICATED

AND FINDING THE ACTIONS CATEGORICALLY EXEMPT

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) UNDER CLASS 1 OF THE STATE CEQA
GUIDELINES SECTION 15301 (14 CCR SECTION 15301,

EXISTING FACILITIES)
WHEREAS, in the 1980’s and 1990’s Rancho San Clemente was developed; and WHEREAS, Reservoir No. 5A was constructed with a waterline along the Ridgeline Trail to Reservoir No. 12 to serve that community; and
WHEREAS, no official recorded easement rights have been located as part of that development for the City to access the Reservoir No. 5 site and the waterline serving that community; and
WHEREAS, on October 7, 2025, the City Council approved a Temporary Right of Entry, Construction and Maintenance Agreement with Rancho San Clemente Community Association (RSCCA) for access to the Reservoir No. 5 site; and WHEREAS, the City and RSCCA wish to enter into a permanent easement agreement for access to the Reservoir No. 5 site, which will replace the Temporary Right of Entry, Construction and Maintenance Agreement, which is in the best interests of the public and the City.

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

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

SECTION 2. That based on a review of the entire record as a whole, these actions are hereby determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 of the state CEQA Guidelines Section 15301 (14 CCR Section 15301, Existing Facilities) because they consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use and there is no direct or foreseeable indirect significant impact on the environment.
1474
Resolution No. 25-166 Page 2
SECTION 3. That the City Manager is hereby authorized and directed to negotiate, finalize and execute an easement for the Reservoir 5 site with RSCCA similar to the Easement Deed presented to the City Council on October 21, 2025 with any revisions necessary and advisable in consultation with the City Attorney. The City Manager is further authorized and directed to negotiate and finalize the exhibits to such Easement Deed, including Exhibit A (legal description) and Exhibit B (Plat Map), to cover the area needed for City purposes as generally presented to the City Council on October 21, 2025 and reflected in the Temporary Right of Entry, Construction and Maintenance Agreement with Rancho San Clemente Community Association.

SECTION 4. That the Easement Agreement described in Section 3 is hereby approved and the City Council hereby accepts the easement rights dedicated and granted therein and authorizes and directs the City Manager to execute a certificate of acceptance for such Easement Deed.

SECTION 5. That the City Manager is authorized and directed to take such actions and execute such other and further documents as may be necessary and proper to accomplish the purposes of this resolution.

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

PASSED AND ADOPTED this _____ day of October, 2025.

ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 1475
Resolution No. 25-166 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. 25-166 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of October, 2025, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _____________, _______. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
1476
Attachment 2
4928-1877-1059 v1
After recording mail to:

CITY CLERK

CITY OF SAN CLEMENTE
910 Calle Negocio
San Clemente, California 92673
ABOVE SPACE FOR RECORDER’S USE
DOCUMENTARY TRANSFER TAX $______-0-___________
(Exempt recording requested—Gov. Code Section 6103
APN: 690-531-07
__________________________________________________________________________________________

EASEMENT DEED
FOR GOOD AND VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, RANCHO SAN CLEMENTE COMMUNITY ASSOCIATION, a California nonprofit corporation and property owner (“Grantor”) hereby gives, grants and conveys to THE CITY OF SAN CLEMENTE, a California municipal corporation, and its successors and assigns (“Grantee” or “City”), a perpetual nonexclusive easement and a free uninterrupted and unobstructed right-of-way for the City and its officers, agents, employees, contractors, subcontractors, permittees, lease holders, licensees and representatives (collectively, “Grantee Parties”) in, on, under, over, upon and across the Easement Area described below with rights of ingress and egress, for the purposes of accessing, installing, constructing, reconstructing, laying, operating, relaying, relocating, altering, adding to, inspecting, maintaining, repairing and replacing to the Grantee’s sole satisfaction underground and surface improvements, appurtenances and facilities located in, on, under, over, upon and across the Easement Area for waterline, communications, utilities, monitoring and public purposes (“Easement”).

Said Easement is located in, on, under, over, upon and across that certain real property in the State of California, County of Orange, City of San Clemente, described as follows (the “Easement Area”):

Approximately ___ square feet of APN ________ more particularly described in Exhibit A (Legal Description) and delineated in Exhibit B (Plat Map), which are attached hereto and fully incorporated herein by this reference.

1. Grantee is further granted the right (a) to enter in and upon the Easement Area described above with persons and machinery, vehicles and material at any and all times for the purposes stated herein; (b) to remove, at Grantee’s cost, trees, shrubs, bushes, undergrowth, roots, vegetative material and other improvements and obstructions (collectively, “Obstructions”) interfering with the activities authorized herein as determined in Grantee’s sole discretion, provided that the foregoing is a right and not a duty, and said right shall not relieve Grantor of the duty as owner to trim or remove Obstructions and to prevent danger or hazard to property or persons; and (c) for doing anything necessary, useful, or convenient for the enjoyment of the Easement herein granted.

2. Grantor shall not interfere with the rights granted herein nor plant, install or maintain any Obstruction.

3. Grantor expressly reserves the right to grant easements in, on, under, over, upon and across the Easement Area for any purpose whatsoever not inconsistent or incompatible with the rights and privileges granted by this Easement.

4. Improvements by the Grantee Parties shall be owned by them and shall not interfere with the Ridgeline Trail use.
1477
Attachment 2
4928-1877-1059 v1

5. In the event that Grantee disturbs the surface of the Easement Area during any allowed use, Grantee shall do so in such a manner as will cause the least injury to the surface of the ground and any improvements thereon. Grantee shall restore the ground and any improvements thereon to substantially the same conditions as existed immediately prior to any such disturbance or to a condition approved by Grantor.

6. Grantee shall have the right to assign, transfer and convey this Easement. This Easement and any covenants, conditions, and restrictions contained herein shall run with the land and be binding upon and inure to the benefit of the successors, heirs, executors, administrators, permittees, licensees, lease holders, agents and assigns of Grantor and Grantee.

7. This Easement may be terminated by express written agreement by Grantee and Grantor following at least one hundred eighty (180) days' notice in writing and recording of a good and sufficient Quitclaim Deed.

8. Grantor does further covenant with the Grantee that (a) Grantor is the owner in fee simple of Premises hereby subjected to said Easement and has good title to convey the same; and (b) the Grantee Parties shall quietly enjoy said Easement.

GRANTOR
Rancho San Clemente Community Association
Dated: __________________ By: _______________________________________ Vonne Barnes, President

GRANTEE
City of San Clemente
Dated: __________________ By: _______________________________________ Andy Hall, City Manager
ATTEST:

By: _______________________________________
Laura Campagnolo, City Clerk
APPROVED AS TO FORM:

By: _______________________________________
Elizabeth A. Mitchell, City Attorney
Attachments:

Parcel Map
Legal Description
1478
Attachment 2
4928-1877-1059 v1

STATE OF CALIFORNIA )
) ss

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

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

WITNESS my hand and official seal.
_____________________________________
Signature of Notary Public (Notary Seal)
_________________________________________________________________________________

PLACE INTERNAL REVENUE STAMPS HERE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
1479
Attachment 2
4928-1877-1059 v1

CERTIFICATE OF ACCEPTANCE

STATE OF CALIFORNIA

COUNTY OF ORANGE

CITY OF SAN CLEMENTE
)
) ss.
)
THIS IS TO CERTIFY that the interest in real property conveyed by the deed or easement deed dated ___________________________, 2025 from Rancho San Clemente Community Association, to the CITY OF SAN CLEMENTE, a California municipal corporation, (“Grantee”) is hereby accepted by the undersigned officer on behalf of the Grantee pursuant to authority conferred by Resolution No. _________ of the City Council of the Grantee adopted on ________, 2025 order on ____________________ and Grantee consents to recordation thereof by its duly authorized officer.

Dated:________________________ By:_______________________________________ Andy Hall, City Manager of the City of San
Clemente
1480
Attachment No. 3
1481
October 17, 2025
BKF Job No: 20220310
Sheet 1 of 1
4675 MacArthur Ct
Suite 400
Newport Beach
California 92660
phone 949.526.8460
fax 949.526.8499
www.bkf.com
EXHIBIT “A”
Easement for Public Utility Purposes
Legal Description
THAT PORTION OF LOT B OF TRACT NO. 12127, IN THE CITY OF SAN CLEMENTE, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED IN BOOK 550, PAGES 43 THROUGH 48, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE THE WESTERLY LINE OF SAID LOT B, SAID POINT

BEING THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS HAVING A BEARING OF NORTH 46°20’58” EAST AND A DISTANCE OF 215.00 FEET; THENCE ALONG SAID WESTERLY LINE SOUTH 46° 20’ 58" EAST A DISTANCE OF

65.00 FEET;

THENCE LEAVING SAID WESTERLY LINE, PERPENDICULAR TO LAST SAID COURSE, NORTH 43° 39’ 02" EAST A DISTANCE OF 84.32 FEET; THENCE, PERPENDICULAR TO LAST SAID COURSE, NORTH 46° 20’ 58" WEST A DISTANCE OF 47.78 FEET TO A POINT ON A CURVE, CONCAVE NORTHERLY, WITH A RADIUS OF 90.00 FEET, A RADIAL LINE TO SAID POINT HAVING A BEARING OF SOUTH 43° 16’ 26" EAST;
THENCE ALONG SAID CURVE A DISTANCE OF 75.00 FEET, THROUGH A CENTRAL ANGLE OF 47° 44’ 50" TO THE WESTERLY LINE OF SAID LOT B; THENCE ALONG SAID WESTERLY LINE SOUTH 04° 28’ 24" WEST A DISTANCE OF

25.00 FEET TO THE POINT OF BEGINNING.

CONTAINING AN AREA, MORE OR LESS, OF 5,210 SQUARE FEET (0.120ACRES).

AS SHOWN ON THE ATTACHED EXHIBIT “B” AND BY THIS REFERENCE MADE A PART HEREOF.

SUBJECT TO EASEMENTS, COVENANTS, CONDITIONS, RESTRICTIONS,

RESERVATIONS, RIGHTS, RIGHTS-OF-WAY, AND OTHER MATTERS OF RECORD, IF ANY.

THIS DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE LAND SURVEYOR'S ACT. _________________________________ _________________
Joseph D. Nelson, P.L.S. No. 9432 Dated

10/17/2025
1482
LEGEND
1483
LEGEND
1484

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