RESOLUTION NO. 25-205
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING AN EXEMPTION TO THE CITY’S FORMAL BIDDING PROCESS IN ACCOURDANCE WITH SECTION XI.A.1.1.1 OF THE CITY PURCHASING POLICIES & PROCEDURES NO. 201-1-1, AUTHORIZING THE CITY MANAGER TO NEGOTIATE, FINALIZE AND EXECUTE AN EMERGENCY AGREEMENT TO REIMBURSE ORANGE COUNTY TRANSPORATION AUTHORITY (OCTA) TO REPAIR AND REPLACE A PORTION OF THE CITY’S BEACH TRUNK SEWER LINE, AUTHORIZING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $1.6 MILLION FROM THE SEWER FUND DEPRECIATION AND OTHER AGENCY DEPRECIATION RESERVES AND FINDING THE PROJECT CATEGORICALLY EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER ARTICLE 18 OF THE STATE CEQA SECTION 15269 (SECTION 15269 (B) EMERGENCY REPAIRS) WHEREAS, the City owns and operates a wastewater collection system consisting of 180 miles of sewer lines and 12 pump stations; and WHEREAS, a portion of the City’s Beach Trunk Line south of Mariposa Beach Access is damaged and in need of replacement as shown in a video taken by the OCTA’s prime contractor Condon Johnson, currently constructing improvements to Area three (catchment wall and beach trail) within OCTA’s right-of-way; and WHEREAS, approximately 70 feet of 21-inch wastewater collection Beach Trunk Line requires immediate replacement to prevent a sewer spill; and WHEREAS, OCTA and Condon Johnson possess the necessary railroad permits to complete the repair and minimize delays, which is in the best interest of the public and the City; and WHEREAS, Section XI.A.1.1.1 of Procurement Policy and Procedure No. 201-2-1 (Purchasing Policies and Procedures) allows the City Council to authorize an exemption to the formal and informal solicitation process for a “Bona fide Emergency” as defined in the San Clemente Municipal Code Section 3.40.070 and Article (XII) within such policy; WHEREAS, the delay associated with formal bidding and hiring another contractor to perform the work is not in the best interest of public health and safety because there is an immediate and emergency need to replace the damaged sewer line to prevent a sewer spill.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
SECTION 1. That the above recitations are true and correct and fully incorporated herein as findings.
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 Article 18 of the state CEQA Guidelines Section 15269 (Section 15269 (b) Emergency Repairs) because they consist of an unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of health and essential public services.
SECTION 3. That a supplemental appropriation in the total amount of $1.6 million to include funds from the Sewer Fund Depreciation Reserve in the amount of $1 million and Sewer Fund Other Agency Depreciation Reserve in the amount of $0.6 million to account number 054-476-43420-000-26213 is hereby approved.
SECTION 4. That the City Council authorizes an exemption to the formal and informal solicitation process pursuant to Section XI.A.1.1.1 of Procurement Policy and Procedure No. 201-2-1 for a bona fide emergency to replace a damaged sewer line to prevent a spill of untreated wastewater.
SECTION 5. That an emergency agreement for reimbursement of the costs to replace 70 feet of 21-inch sewer line is hereby awarded to OCTA in an amount not to exceed $1.6 million.
SECTION 6. That the City Manager is hereby authorized and directed to negotiate, finalize and execute said agreement in form to be presented to and ratified by the City Council at a future meeting after the agreement is finalized.
SECTION 7. That the City Manager is authorized and directed to take such actions and execute such other and further documents as may be necessary to accomplish the purposes of this resolution.
SECTION 8. 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 December, 2025.
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of
San Clemente, California San Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-205 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of December, 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
Resolution No. 25-205 Page 2
Attachment 1