Agenda packet, regular meeting, second session — San Clemente City Council, October 17, 2023 (part 2 of 2)

Term Sheet
The City of San Clemente, California (“City”) and Salty Turf, LLC (“Developer”) (collectively the “Parties”) intend to enter into a Development Agreement concerning the development of a certain parcel located in San Clemente, California that the City owns located at 987 Avenida Vista Hermosa for City use as leased public recreational activities, as described herein (“Project Site”).

This Preliminary Term Sheet (this “Term Sheet”) is an expression of interest only and is not meant to be binding on the parties now or in the future.

Project Name: Miniature Golf Facility at Vista Hermosa Sports Park Developer/Lessee: Salty Turf, LLC
Development Objective: Development of a 36-hole miniature golf facility on city-owned parkland that will be open to the public at a nominal fee.

Conditions:

1. Developer shall be duly registered and authorized to do business in the State of California.

2. Developer’s rights pertain to the development of the Project Site. Developer shall spend at least $2.3 million in capital improvements to construct a 36-hole miniature golf facility at the Project Site for City use and public recreation pursuant to a Development Agreement that will be the subject of further negotiations between the Parties. Project design shall be subject to City Council approval. Developer must apply for and obtain a conditional use permit.

3. Monthly Rent. Monthly rent payable to the City by Salty Turf will be equal to seven percent (7.0%) of the total gross revenues, but under no circumstances less than $8,500 per month (“Base Rent”). At Year Five (5) of the Agreement, the Base Rent shall increase based on the Consumer Price Index (“CPI”), not to exceed fivepercent (5%).

4. Lease Term. The Parties contemplate a ten (10) year lease term with two (2) extension options of ten (10) years each.

5. Restrictions on Private Events. The miniature golf facility shall be generally open to the public. The Developer cannot rent out the facility for private events more than 4 times per month.
7 Attachment 2

Page 2 ends

6. Indemnity. The Development Agreement and Lease Agreement will require that Salty Turf defend and indemnify the City from and against all claims, lawsuits, administrative proceedings, damages, fines, penalties and costs, including attorney fees, in a form acceptable to both Parties.

7. As between the City and Developer, Developer will be responsible for managing the construction of and all costs of the development and operations. In addition, as between the City and Developer, Developer will be responsible for any cost overruns in connection with the Project. Development and construction costs will include any required survey work, including an environmental analysis of the project that conforms with the requirements of the California Environmental Quality Act (“CEQA”) and any updates to the environmental or master plan documents.

The City will have no obligation to pay for any portion of the development of the Project or any ancillary development, including any cost associated with the environmental remediation of the Leased Premises.

8. Following the completion of the CEQA process, the San Clemente City Council will consider in open session a Development Agreement and/or Lease Agreement consistent with the terms and conditions in this Term Sheet in form(s) to be negotiated between the Parties.

9. As this Term Sheet is an expression of intent of the Parties and an agreement to negotiate a final agreement(s) in good faith and, accordingly, neither Party shall be legally bound until the execution of a final Development Agreement and/or Lease Agreement, which shall be binding on the Parties.

10.The parties understand and agree that unless and until a definitive agreement(s) has been executed by City and Developer and delivered, no contract or agreement providing for a transaction between the Parties shall be deemed to exist, and neither Party will be under any legal obligation of any kind whatsoever with respect to a transaction, including any obligation to negotiate, by virtue of this non-binding Term Sheet or any written or oral expression thereof.

In witness whereof, the Parties have signed this instrument this ____ day of ______, 2023.

CITY OF SAN CLEMENTE
By: __________________________
Andy Hall, City Manager
Dated: _______________________
8 Attachment 2

Page 3 ends

APPROVED AS TO FORM:

By: ___________________________
Elizabeth Mitchell, City Attorney

SALTY TURF LLC,
a Delaware limited liability company
By: _____________________________
_______________, General Manager
Dated: __________________________
9 910 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 17, 2023 Agenda Item: 8A
Department: City Clerk
Prepared By Laura Campagnolo, City Clerk
Subject:

PUBLIC HEARING #4 TO RECEIVE INPUT ON DRAFT MAPS AND POTENTIAL ELECTION

SEQUENCING FOR BY-DISTRICT ELECTIONS
Fiscal Impact:

None.

Background:

On August 15, 2023, the City Council adopted Resolution No. 23-85 Declaring the City of San Clemente’s Intent to Initiate Procedures to Consider Transition from At-Large Elections to ByDistrict Elections pursuant to California Elections Code Section 10010. Pursuant to Elections Code section 10010, the City Council held public hearing numbers 1 and 2 on August 15, 2023 and September 5, 2023, to receive public input regarding the composition of the districts, the number of districts and potential election sequencing. On October 3, 2023, the City Council held public hearing number 3 to receive input on draft maps and potential election sequencing for bydistrict elections.

Following the timeline set forth in Resolution No. 23-85 and Election Code 10010, the City will hold at least three more public hearings and an ordinance transitioning from at-large to by-district elections should be adopted by Tuesday, November 7, 2023.

As part of the transition, the City retained the services of NDC, whose consultants, Doug Johnson and Dr. Justin Levitt, have assisted with the design and revision of proposed maps as determined through the public hearing process and in compliance with the CVRA.

By adopting Resolution No. 23-85, the City Council has adopted a tentative timeline (Attachment 1), which identifies the preliminary schedule for the required public hearings and public outreach.

Under the Safe Harbor provisions of Election Code 10010, a city must hold a series of public hearings: including at least two public hearings prior to the drafting of proposed district maps; and at least two additional public hearings after the maps are drawn. Drafts of the maps must be published at least seven days before consideration at a hearing, and if revised, the map must be made available to the public for at least seven days before its adoption. If the proposed district elections are to be staggered, the potential sequence of elections must be made public prior to the second set of two public hearings. If a final map is selected at the fourth public hearing, and no changes and made to the map, Council may conduct a fifth public hearing on the same night to introduce an ordinance to transition to by-district elections. 1 Meeting Date: October 17, 2023 Agenda Item: 8A

CITY OF SAN CLEMENTE
Public Review Process & Schedule for Transitioning to Districts Before adopting district-based elections, the City must prepare a draft map or maps for public review and consideration. However, pursuant to state law, before drawing any maps, the City was required to first hold at least two public hearings over a period of no more than 30 days for the purpose of allowing interested members of the public the opportunity to provide input regarding the composition of the districts. The first public hearing was conducted on August 15, 2023. The second of the two "pre-map" public hearings was conducted on September 5, 2023.

Following closure of the second public hearing on September 5, 2023, the City Council directed that draft maps be presented for public review and comment at two subsequent public hearings (i.e., at public hearings three and four) as required by state law. The City Council directed, pursuant to the criteria established by law, map options for four districts plus a directly elected atlarge Mayor. Proposed draft maps are required by state law to be presented for public review and comment during public hearings three and four. Per state law, the third and fourth public hearings must be conducted within 45 days of each other.

Interested members of the public were provided with an opportunity to submit draft maps prior to the September 14, 2023 deadline in order to be considered by the Council during the third public hearing. The City's retained demographic consultant, National Demographics Corporation (NDC), prepared two draft maps for the Council's consideration, and nineteen maps were received from interested members of the public, eleven of which were unique. Each of the draft maps submitted by interested members of the public were analyzed and reviewed by NDC. The proposed draft maps are required to be provided for the public's review at least seven (7) days prior to the third and fourth public hearings. As such, the draft maps for the City Council's consideration during the third public hearing were posted on the City's website on September 21, 2023, in accordance with State law.

The third public hearing was conducted on October 3, 2023. Following closure of the third public hearing, the City Council identified draft map nos. 109, 111 and 112 as preferred "focus maps", and the Council expressed interest in further evaluating options for four districts plus a directly elected at-large Mayor relative to the "focus maps", giving direction to NDC to prepare additional maps combining preferred features from some of the focus maps.

Interested members of the public were provided with an opportunity to submit final draft maps prior to the October 6, 2023 deadline in order to be considered by the Council during tonight’s fourth public hearing. The final draft maps are required to be provided for the public's review at least seven (7) days prior to the fourth public hearing. As such, the final draft maps for the City Council's consideration during the fourth public hearing were posted on the City's website on October 10, 2023, in accordance with state law.

Public Input and Public Participation Toolkit:

City staff has and continues to conduct outreach, in both English and Spanish, to advise its residents of each public hearing by posting on social media channels such as the City’s Facebook page and Instagram. Additionally, the City has made informational flyers, providing sample maps in both English and Spanish, available throughout City’s facilities. The City has also 2 Meeting Date: October 17, 2023 Agenda Item: 8A

CITY OF SAN CLEMENTE
noticed each public hearing in the City’s adjudicated newspaper, The San Clemente Times, in Spanish and English. City staff has created a website page dedicated to this transition, whereby information is available in Spanish. The City Clerk notified all Homeowners Associations and conducted public outreach at the Human Affairs Committee. Staff provided an update to the public at a Planning Commission meeting and Public Safety Committee meeting, and all City Commissions and Committees were notified.

Draft Maps for Consideration on October 17, 2023
For the Council’s consideration at this fourth public hearing, the City's retained demographic consultant, NDC, prepared two additional draft maps, and four additional maps were received from interested members of the public. Each of the draft maps submitted by interested members of the public were analyzed and reviewed by NDC.

A summary of the population deviation for each of the draft maps up for consideration during this fourth public hearing is set forth in the table below:

PROPOSAL
NO.
# of
Districts
Population Deviation
(must be 10.00% or less)
Focus Map 109 4 7.22%
Focus Map 111 4 6.01%
Focus Map 112 4 4.99%
114 4 8.88%
115 5 66.13% (not population
balanced)
116 5 17.05% (not population
balanced)
117 4 3.78%
118 4 4.83%
119 4 6.29%
Copies of the proposed maps along with accompanying demographic analysis and population breakdown, and proposed sequencing are attached hereto (Attachment "2").

In addition to being population balanced and contiguous, the final adopted map must comply with the other federal and state requirements that were discussed at the initial hearings (compliance with the Federal Voting Rights Act and Fair Maps Act; avoiding racial gerrymandering; avoiding divisions of neighborhoods and communities of interest; following major visible features such as roads and rivers; and being compact). These other criteria are more subjective and less 3 Meeting Date: October 17, 2023 Agenda Item: 8A

CITY OF SAN CLEMENTE
conducive to a simple yes/no analysis or simple summary table. Additionally, consideration may be given to respect for voters' current choices and future population growth.

The purpose of the fourth public hearing is for the Council to further review the draft maps, including any final maps that were timely submitted, and select a final map that is appropriate for the City and meets all the legal requirements.

Legal Requirements:

1. Each council district shall contain a nearly equal population as required by law; and

2. Each council district shall be drawn in a manner that complies with the Federal Voting Rights Act. No council district shall be drawn with race as the predominate factor in violation of the principles established by the United States Supreme Court in Shaw v. Reno, 509 U.S. 630 (1993), and its progeny.

The Council shall adopt district boundaries using the following criteria as set forth in the following order of priority:

1. To the extent practicable, council districts shall be geographically contiguous. Areas within districts that meet only at the points of adjoining corners are not contiguous.

2. To the extent practicable, the geographic integrity of any local neighborhood or local community of interest should be respected and included within a single district for purposes of its effective and fair representation in a manner that minimizes its division. A “community of interest” is a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation.

3. Council district boundaries should be easily identifiable and understandable by residents. To the extent practicable, council districts shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the city.

4. To the extent practicable, and where it does not conflict with the preceding criteria, council districts shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant populations and where doing so does not conflict with higher-ranked criteria.

5. Where doing so does not conflict with higher-ranked criteria, the City Council may consider other traditional principles in the development of districts. For example, to the extent practicable, each council district shall respect the previous choices of voters by avoiding the creation of head-to-head contests between councilmembers previously elected by the voters, insofar as this does not conflict with federal or state law.

Following selection of a final map using the above criteria, the City Council will also need to determine the sequencing of the district elections. This means that the Council will need to decide which districts will have elections on which election dates, and, Council will make a final determination to have an elected Mayor. Following the third public hearing, the City Council had directed staff to return with sequencing that included an elected Mayor with a two-year term, a 4 Meeting Date: October 17, 2023 Agenda Item: 8A

CITY OF SAN CLEMENTE
three-term limit (six years), and the understanding that once the Mayor has reached the term limit, he/she would not be qualified to run for Mayor again.

Next Steps
After the City Council makes the final map selection and decides the sequencing of the elections, the Council will then hold a fifth Public Hearing, also scheduled for October 17, 2023, to receive public input on, introduce and conduct a first reading of a proposed Ordinance implementing bydistrict elections. The process of transitioning to by-district elections will conclude with City Council adoption of an Ordinance at a sixth public hearing, which is scheduled for November 7, 2023.

Districting information is featured on the City's website at the following official City web address:
www.san-clemente.org/districtelections. In addition, the City's official website is populated with information about how the public can participate and also provide answers to frequently asked district questions.

Council Options:
 Conduct the fourth Public Hearing to receive public input regarding the content of the draft maps and the proposed sequences of elections, and pick a final map.  Direct Staff to return to Council with additional information.

Environmental Review/Analysis:

This is not a “project” under CEQA.

Recommended Actions:

Staff Recommendation
..recommeon

1. Open and conduct a fourth public hearing.

2. Receive a report from National Demographics Corporation (“NDC”), the demographic consultant, concerning the draft maps proposed, as well as the process for obtaining public input on the draft maps of potential voting districts and potential election sequencing for bydistrict elections pursuant to Elections Code § 10010.

3. Invite members of the public to provide feedback on the draft maps and potential election sequencing presented.

4. Provide direction regarding selection of a final district map.

5. Provide direction regarding sequencing of the elections. ..end
Attachment:

1. Timeline

2. Proposed maps with accompanying demographic analysis and population breakdown 5 Meeting Date: October 17, 2023 Agenda Item: 8A

CITY OF SAN CLEMENTE
Notification:
1/8 Page Ad in Spanish and English in the San Clemente Times 6 Attachment 1
Timeline: Consideration and Implementation of By-District Elections (All meetings in Council Chambers at City Hall)
Date Event Comment
July 10, 2023 Receipt of demand letter
August 15, 2023
Regular City Council
Meeting
City Council adopts
Resolution declaring its
intention to transition from atlarge to by-district elections and holds first public hearing.

Mapping tools will be made
available shortly after adoption
of the Resolution of Intention.

August 24, 2023 45 Days from July 10, 2023 See Elections Code section 10010.

September 5, 2023
Regular City Council
Meeting
Second Public Hearing Before maps are drafted by
demographer. Must occur
within 30 days of first public
hearing.

September 14, 2023 Deadline for the public to
submit any proposed maps.

Draft maps must be posted for
at least 7 days before the third
public hearing.

September 21, 2023 Posting deadline for all maps
(public and consultant).

Draft maps must be posted for
at least 7 days before the third
public hearing.

October 3, 2023
Regular City Council
Meeting
Third Public Hearing Regarding content of draft
maps and sequence of
elections.

October 10, 2023 Post any new or amended
maps and potential sequence
of elections
Draft maps must be posted at
least 7 days before fourth public
hearing
October 17, 2023
Regular City Council
Meeting
Fourth public hearing: Select
Map.

Fifth public hearing: Council
introduces ordinance
establishing district elections,
including district boundaries
and election sequence
Regarding content of draft
maps and sequence of
elections. Fourth public hearing
must be within 45 days of third
public hearing.

If selected map is amended,
there must be time for posting
(at least 7 days) and another
public hearing to introduce the
ordinance before expiration of
the 90-day safe harbor period.

October 25, 2023
(Special Meeting)
Optional meeting Only necessary if posted map is
changed
November 7, 2023,
Regular City Council
Meeting
2 nd reading of Ordinance and
Ordinance adopted
Last regular City Council
meeting before 90 days expire
7 November 13, 2023 90 days after August 15, 2023 See Elections Code section 10010.

November 5, 2024 First election using districtbased seats November 3, 2026 Second election using district
based seats
8 3
4 1
2 5
5 Ave La Pata
Cam Del Rio
W Ave Palizada
Ave Victoria
Ave
Salvador
E Ave Magdalena
W Ave Valencia
Portico Del Norte
Cll Frontera
Via Socorro
Ave Vaquero
Cam De Los Mares
Ave Talega
Ave Presidio
Ave Vista Hermosa
Ave Pico
Cll
Del Cerro
Cam La Pedriza
National Demographics Corporation, September 21, 2023
Districting 2023
City of San Clemente
©2021 CALIPER
Attachment 2
9 Map 109
Map 109
District 1
Total Pop 15,611
Deviation from ideal -485
% Deviation -3.01%
% Hisp 13%
% NH White 75%
% NH Black 1%
% Asian-American 7%
Total 11,758
% Hisp 10%
% NH White 81%
% NH Black 0%
% Asian/Pac.Isl. 8%
Total 11,858
% Latino est. 7%
% Spanish-Surnamed 7%
% Asian-Surnamed 3%
% Filipino-Surnamed 1%
% NH White est. 89%
% NH Black 0%
Total 10,836
% Latino est. 7%
% Spanish-Surnamed 7%
% Asian-Surnamed 3%
% Filipino-Surnamed 1%
% NH White est. 89%
% NH Black 0%
Total 8,444
% Latino est. 6%
% Spanish-Surnamed 6%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 90%
% NH Black est. 0%
ACS Pop. Est. Total 16,008
age0-19 26%
age20-60 46%
age60plus 28%
immigrants 12%
naturalized 77%
english 86%
spanish 5%
asian-lang 1%
other lang 8%
Language Fluency Speaks Eng. "Less than Very Well" 4%
hs-grad 43%
bachelor 30%
graduatedegree 23%
Child in Household child-under18 36%
Pct of Pop. Age 16+ employed 62%
income 0-25k 8%
income 25-50k 8%
income 50-75k 6%
income 75-200k 42%
income 200k-plus 36%
single family 95%
multi-family 5%
rented 15%
owned 84%
Total population data from the California adjustment to the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

4.20%
16%
71%
2%
8%
11,193
13%
74%
5%
7%
10,416
8%
8%
3%
1%
85%
2%
9,370
8%
8%
3%
1%
86%
2%
6,882
7%
6%
3%
1%
88%
2%
16,584
33%
49%
18%
10%
77%
86%
5%
2%
7%
2%
38%
38%
23%
45%
67%
7%
8%
7%
41%
36%
80%
20%
23%
77%
3 16,118
22 0.14%
28%
64%
1%
4%
12,012
16%
76%
2%
6%
9,791
13%
13%
2%
1%
84%
1%
8,527
12%
11%
2%
1%
85%
1%
5,801
10%
10%
1%
0%
87%
1%
15,943
19%
55%
26%
14%
50%
76%
16%
3%
5%
7%
47%
25%
19%
22%
68%
11%
14%
15%
43%
17%
50%
50%
57%
43%
4 15,882
-214
-1.33%
15%
76%
1%
4%
12,723
11%
79%
2%
5%
11,965
8%
8%
2%
1%
89%
0%
10,716
8%
7%
2%
0%
90%
0%
8,032
6%
6%
1%
0%
91%
0%
15,889
20%
49%
31%
9%
78%
88%
8%
2%
2%
4%
47%
29%
19%
24%
62%
11%
10%
8%
43%
29%
70%
30%
37%
63%
Total
64,384
1,161

7.22%
18%
71%
1%
6%
47,686
12%
78%
2%
6%
44,030
9%
9%
2%
1%
87%
1%
39,449
8%
8%
2%
1%
88%
1%
29,159
7%
7%
2%
0%
89%
1%
64,424
24%
50%
26%
11%
69%
84%
9%
2%
5%
4%
44%
30%
21%
31%
65%
9%
10%
9%
43%
29%
71%
29%
35%
65%
09/20/2023 21:18 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
10 I
I
I
I
I
Maptitude For R~tctJn,,:
3 1
4 2
5 5
Ave La Pata
Cam Del Rio
W Ave Palizada
Ave Victoria
Ave
Salvador
E Ave Magdalena
W Ave Valencia
Portico Del Norte
Cll Frontera
Via Socorro
Cam De Los Mares
Ave Talega
Ave Presidio
Ave Vista Hermosa
Ave Pico
Cll
Del Cerro
Cam La Pedriza
National Demographics Corporation, September 21, 2023
Districting 2023
City of San Clemente
©2021 CALIPER 11
] Map 111
\ 'i
- J
\.\\ •
v y
~\ \
I
I
Map 111
District 1
Total Pop 16,038
Deviation from ideal -58
% Deviation -0.36%
% Hisp 17.1%
% NH White 72%
% NH Black 1%
% Asian-American 6%
Total 12,116
% Hisp 12%
% NH White 81%
% NH Black 1%
% Asian/Pac.Isl. 5%
Total 11,632
% Latino est. 8%
% Spanish-Surnamed 8%
% Asian-Surnamed 2%
% Filipino-Surnamed 0%
% NH White est. 88%
% NH Black 1%
Total 10,568
% Latino est. 8%
% Spanish-Surnamed 7%
% Asian-Surnamed 2%
% Filipino-Surnamed 2%
% NH White est. 88%
% NH Black 1%
Total 8,303
% Latino est. 10%
% Spanish-Surnamed 6%
% Asian-Surnamed 2%
% Filipino-Surnamed 0%
% NH White est. 90%
% NH Black est. 1%
ACS Pop. Est. Total 16,088
age0-19 23%
age20-60 47%
age60plus 31%
immigrants 13%
naturalized 72%
english 85%
spanish 9%
asian-lang 2%
other lang 4%
Language Fluency Speaks Eng. "Less than Very Well" 3%
hs-grad 44%
bachelor 28%
graduatedegree 24%
Child in Household child-under18 30%
Pct of Pop. Age 16+ employed 61%
income 0-25k 11%
income 25-50k 9%
income 50-75k 8%
income 75-200k 44%
income 200k-plus 28%
single family 88%
multi-family 12%
rented 23%
owned 77%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2017-2021 American Community Survey and Special Tabulation 5-year data.
2 15,612
-484
-3.01%
14%
73%
1%
8%
10,672
12%
70%
5%
12%
9,835
8%
7%
4%
1%
86%
2%
8,919
7%
7%
3%
3%
86%
2%
6,422
9%
6%
3%
1%
88%
2%
16,917
37%
48%
16%
10%
80%
83%
5%
2%
11%
4%
34%
37%
26%
55%
67%
3%
6%
4%
43%
44%
90%
10%
18%
82%
3 16,155
59 0.36%
26%
66%
1%
4%
12,273
12%
81%
1%
5%
10,479
12%
11%
1%
1%
86%
0%
9,123
11%
10%
2%
2%
87%
0%
6,222
17%
9%
1%
0%
89%
0%
15,905
18%
57%
24%
12%
46%
81%
13%
2%
4%
7%
46%
29%
17%
22%
71%
9%
14%
13%
43%
22%
47%
53%
58%
42%
4 16,579
483

3.00%
16%
74%
1%
5%
12,625
13%
78%
2%
5%
12,084
8%
8%
2%
1%
88%
0%
10,839
8%
7%
2%
2%
89%
0%
8,212
10%
6%
2%
0%
91%
0%
15,514
19%
48%
33%
11%
81%
87%
8%
2%
3%
4%
50%
27%
18%
23%
61%
13%
11%
10%
41%
25%
71%
29%
33%
67%
Total
64,384
967

6.01%
18%
71%
1%
6%
47,686
12%
78%
2%
6%
44,030
9%
9%
2%
1%
87%
1%
39,449
8%
8%
2%
2%
88%
1%
29,159
11%
7%
2%
0%
89%
1%
64,424
24%
50%
26%
11%
69%
84%
9%
2%
5%
4%
44%
30%
21%
31%
65%
9%
10%
9%
43%
29%
71%
29%
35%
65%
09/21/2023 12:27 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
12 I
I
I
I
I
Maptitude For R~tctJn,,:
3 1
2 4
5 5
Ave La Pata
Cam Del Rio
W Ave Palizada
Ave Victoria
Ave
Salvador
E Ave Magdalena
W Ave Valencia
Portico Del Norte
Cll Frontera
Via Socorro
Ave Vaquero
Cam De Los Mares
Ave Talega
Ave Presidio
Ave Vista Hermosa
Ave Pico
Cll
Del Cerro
Cam La Pedriza
National Demographics Corporation, September 21, 2023
Districting 2023
City of San Clemente
©2021 CALIPER 13
] Map 112
-
•
\
/2
\ /2
j
Map 112
District 1
Total Pop 16,145
Deviation from ideal 49
% Deviation 0.30%
% Hisp 16.8%
% NH White 72%
% NH Black 1%
% Asian-American 6%
Total 12,288
% Hisp 12%
% NH White 81%
% NH Black 1%
% Asian/Pac.Isl. 5%
Total 12,071
% Latino est. 8%
% Spanish-Surnamed 8%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 88%
% NH Black 1%
Total 10,971
% Latino est. 8%
% Spanish-Surnamed 7%
% Asian-Surnamed 2%
% Filipino-Surnamed 2%
% NH White est. 89%
% NH Black 1%
Total 8,557
% Latino est. 9%
% Spanish-Surnamed 6%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 90%
% NH Black est. 1%
ACS Pop. Est. Total 16,169
age0-19 22%
age20-60 46%
age60plus 31%
immigrants 13%
naturalized 75%
english 84%
spanish 9%
asian-lang 2%
other lang 6%
Language Fluency Speaks Eng. "Less than Very Well" 4%
hs-grad 45%
bachelor 28%
graduatedegree 23%
Child in Household child-under18 29%
Pct of Pop. Age 16+ employed 60%
income 0-25k 11%
income 25-50k 9%
income 50-75k 8%
income 75-200k 42%
income 200k-plus 30%
single family 91%
multi-family 9%
rented 21%
owned 79%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

2.40%
14%
73%
1%
8%
11,141
12%
72%
5%
11%
10,698
8%
7%
4%
1%
86%
2%
9,712
7%
7%
3%
3%
87%
2%
7,153
10%
6%
3%
1%
88%
2%
17,447
36%
47%
17%
10%
77%
84%
5%
2%
9%
3%
34%
37%
27%
54%
67%
3%
6%
4%
43%
44%
91%
9%
16%
84%
3 16,078
-18
-0.11%
26%
66%
1%
4%
12,048
13%
79%
2%
5%
9,800
13%
12%
2%
1%
85%
1%
8,509
11%
11%
2%
2%
86%
1%
5,688
18%
9%
1%
0%
88%
1%
15,769
19%
56%
25%
13%
47%
80%
13%
2%
4%
7%
48%
28%
16%
22%
69%
11%
14%
14%
44%
17%
46%
54%
60%
40%
4 15,679
-417
-2.59%
16%
75%
1%
5%
12,210
14%
78%
2%
5%
11,461
8%
8%
2%
1%
89%
0%
10,258
8%
7%
2%
2%
89%
0%
7,762
10%
6%
2%
0%
91%
0%
15,040
19%
50%
30%
9%
79%
88%
8%
2%
2%
4%
49%
29%
18%
24%
63%
12%
11%
9%
40%
28%
69%
31%
35%
65%
Total
64,384
803

4.99%
18%
71%
1%
6%
47,686
12%
78%
2%
6%
44,030
9%
9%
2%
1%
87%
1%
39,449
8%
8%
2%
2%
88%
1%
29,159
11%
7%
2%
0%
89%
1%
64,424
24%
50%
26%
11%
69%
84%
9%
2%
5%
4%
44%
30%
21%
31%
65%
9%
10%
9%
43%
29%
71%
29%
35%
65%
09/21/2023 12:28 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
14 I
I
I
I
I
Maptitude For R~tctJn,,:
3 4
1 2
5 5
Ave La Pata
Cam Del Rio
W Ave Palizada
Ave Victoria
Ave
Salvador
E Ave Magdalena
Ave Pico
W Ave Valencia
Portico Del Norte
Cll Frontera
Via Socorro
Ave Vaquero
Cam De Los Mares
Ave Talega
Ave Presidio
Ave Vista Hermosa
Cll Del Cerro
Cam La Pedriza
National Demographics Corporation, October 9, 2023
Districting 2023
City of San Clemente
Map 114
©2021 CALIPER 15
Map 114
District 1
Total Pop 16,338
Deviation from ideal 242
% Deviation 1.51%
% Hisp 12%
% NH White 76%
% NH Black 1%
% Asian-American 7%
Total 12,232
% Hisp 10%
% NH White 82%
% NH Black 0%
% Asian/Pac.Isl. 8%
Total 12,247
% Latino est. 7%
% Spanish-Surnamed 7%
% Asian-Surnamed 3%
% Filipino-Surnamed 1%
% NH White est. 89%
% NH Black 0%
Total 11,207
% Latino est. 7%
% Spanish-Surnamed 7%
% Asian-Surnamed 3%
% Filipino-Surnamed 1%
% NH White est. 89%
% NH Black 0%
Total 8,708
% Latino est. 6%
% Spanish-Surnamed 6%
% Asian-Surnamed 3%
% Filipino-Surnamed 1%
% NH White est. 90%
% NH Black est. 0%
ACS Pop. Est. Total 16,827
age0-19 27%
age20-60 47%
age60plus 26%
immigrants 12%
naturalized 77%
english 86%
spanish 5%
asian-lang 1%
other lang 8%
Language Fluency Speaks Eng. "Less than Very Well" 4%
hs-grad 42%
bachelor 30%
graduatedegree 24%
Child in Household child-under18 39%
Pct of Pop. Age 16+ employed 63%
income 0-25k 8%
income 25-50k 7%
income 50-75k 6%
income 75-200k 43%
income 200k-plus 36%
single family 95%
multi-family 5%
rented 14%
owned 86%
Total population data from the California adjustment to the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2017-2021 American Community Survey and Special Tabulation 5-year data.
2 15,569
-527
-3.27%
17%
71%
2%
8%
10,466
13%
73%
5%
8%
9,767
8%
8%
3%
1%
85%
2%
8,774
8%
8%
3%
1%
86%
2%
6,463
7%
6%
3%
1%
88%
2%
15,292
32%
48%
19%
11%
76%
86%
5%
2%
7%
2%
39%
38%
22%
43%
66%
7%
9%
7%
41%
36%
78%
22%
24%
76%
3 15,524
-572
-3.55%
29%
62%
1%
4%
11,269
15%
76%
2%
6%
9,293
14%
14%
2%
1%
84%
1%
8,087
12%
11%
2%
1%
85%
1%
5,509
10%
10%
1%
0%
87%
1%
15,264
20%
54%
27%
14%
52%
76%
17%
3%
4%
7%
47%
25%
19%
23%
67%
12%
14%
15%
41%
18%
54%
46%
53%
47%
4 16,953
857

5.32%
15%
76%
1%
4%
13,719
11%
79%
2%
5%
12,723
8%
8%
2%
1%
89%
0%
11,380
8%
7%
2%
1%
90%
0%
8,479
6%
6%
1%
0%
91%
0%
17,042
19%
51%
30%
9%
75%
87%
8%
2%
2%
4%
47%
30%
19%
23%
64%
10%
11%
7%
44%
27%
65%
35%
41%
59%
Total
64,384
1,429

8.88%
18%
71%
1%
6%
47,686
12%
78%
2%
6%
44,030
9%
9%
2%
1%
87%
1%
39,449
8%
8%
2%
1%
88%
1%
29,159
7%
7%
2%
0%
89%
1%
64,424
24%
50%
26%
11%
69%
84%
9%
2%
5%
4%
44%
30%
21%
31%
65%
9%
10%
9%
43%
29%
71%
29%
35%
65%
10/06/2023 13:20 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
16 I
I
I
I
I
Maptitude For R~tctJn,,:
4 2
1 3
5 5
5 Ave La Pata
Cam Del Rio
W Ave Palizada
Ave Victoria
Ave
Salvador
E Ave Magdalena
W Ave Valencia
Portico Del Norte
Cll Frontera
Via Socorro
Ave Vaquero
Cam De Los Mares
Ave Talega
Ave Presidio
Ave Vista Hermosa
Ave Pico
Cll Del Cerro
Cam La Pedriza
National Demographics Corporation, October 9, 2023
Districting 2023
City of San Clemente
Map 115
©2021 CALIPER
Not population-balanced
17 Map 115
District 1
Total Pop 14,381
Deviation from ideal 1,504
% Deviation 11.68%
% Hisp 16%
% NH White 75%
% NH Black 1%
% Asian-American 4%
Total 11,444
% Hisp 12%
% NH White 79%
% NH Black 2%
% Asian/Pac.Isl. 4%
Total 10,447
% Latino est. 8%
% Spanish-Surnamed 8%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 89%
% NH Black 0%
Total 9,278
% Latino est. 8%
% Spanish-Surnamed 8%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 89%
% NH Black 0%
Total 6,842
% Latino est. 7%
% Spanish-Surnamed 6%
% Asian-Surnamed 1%
% Filipino-Surnamed 0%
% NH White est. 91%
% NH Black est. 0%
ACS Pop. Est. Total 14,432
age0-19 20%
age20-60 51%
age60plus 28%
immigrants 9%
naturalized 73%
english 88%
spanish 8%
asian-lang 2%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 4%
hs-grad 48%
bachelor 29%
graduatedegree 18%
Child in Household child-under18 24%
Pct of Pop. Age 16+ employed 65%
income 0-25k 11%
income 25-50k 11%
income 50-75k 7%
income 75-200k 44%
income 200k-plus 27%
single family 63%
multi-family 37%
rented 44%
owned 56%
Total population data from the California adjustment to the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

14.26%
26%
66%
1%
5%
11,163
13%
78%
2%
7%
9,289
12%
12%
2%
1%
84%
1%
8,163
11%
10%
2%
1%
85%
1%
5,644
10%
9%
1%
0%
88%
1%
14,755
19%
55%
26%
14%
50%
76%
17%
3%
5%
7%
47%
25%
19%
23%
68%
11%
14%
15%
43%
17%
51%
49%
55%
45%
3 12,687
-191
-1.48%
20%
68%
1%
7%
9,530
13%
80%
1%
4%
9,005
9%
9%
3%
1%
87%
0%
8,094
9%
8%
3%
0%
88%
0%
6,257
7%
7%
2%
0%
90%
0%
11,845
18%
48%
34%
13%
80%
87%
7%
2%
5%
3%
45%
32%
20%
23%
61%
12%
11%
10%
38%
29%
80%
20%
24%
76%
4 7,043
-5,834
-45.30%
12%
78%
1%
6%
4,896
12%
85%
0%
3%
5,525
7%
7%
2%
0%
90%
0%
5,060
7%
7%
2%
0%
90%
0%
4,076
6%
6%
2%
0%
91%
0%
6,584
24%
47%
29%
12%
66%
90%
5%
1%
5%
3%
45%
26%
26%
36%
60%
8%
4%
7%
46%
35%
99%
1%
8%
91%
5 15,559
2,682

20.83%
14%
72%
1%
8%
10,653
12%
70%
5%
12%
9,765
7%
7%
4%
1%
86%
2%
8,854
7%
7%
4%
1%
86%
2%
6,340
7%
6%
3%
1%
87%
2%
16,808
37%
47%
16%
10%
80%
83%
5%
2%
10%
3%
34%
38%
26%
54%
67%
4%
7%
4%
43%
43%
90%
10%
19%
81%
Total
64,384
8,516

66.13%
18%
71%
1%
6%
47,686
12%
78%
2%
6%
44,030
9%
9%
2%
1%
87%
1%
39,449
8%
8%
2%
1%
88%
1%
29,159
7%
7%
2%
0%
89%
1%
64,424
24%
50%
26%
11%
69%
84%
9%
2%
5%
4%
44%
30%
21%
31%
65%
9%
10%
9%
43%
29%
71%
29%
35%
65%
10/06/2023 13:31 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
18 I
I
I
I
I
Maptitude For R~tctJn,,:
5 4
1 3
2 5
5 Ave La Pata
Cam Del Rio
W Ave Palizada
Ave Victoria
Ave
Salvador
E Ave Magdalena
Ave Pico
W Ave Valencia
Portico Del Norte
Cll Frontera
Via Socorro
Ave Vaquero
Cam De Los Mares
Ave Talega
Ave Presidio
Ave Vista Hermosa
Cll Del Cerro
Cam La Pedriza
National Demographics Corporation, October 9, 2023
Districting 2023
City of San Clemente
Map 116
©2021 CALIPER
Not population-balanced
19 Map 116
District 1
Total Pop 12,037
Deviation from ideal -840
% Deviation -6.52%
% Hisp 15%
% NH White 71%
% NH Black 2%
% Asian-American 8%
Total 7,709
% Hisp 12%
% NH White 72%
% NH Black 7%
% Asian/Pac.Isl. 9%
Total 7,323
% Latino est. 8%
% Spanish-Surnamed 8%
% Asian-Surnamed 4%
% Filipino-Surnamed 1%
% NH White est. 85%
% NH Black 3%
Total 6,610
% Latino est. 8%
% Spanish-Surnamed 7%
% Asian-Surnamed 4%
% Filipino-Surnamed 1%
% NH White est. 85%
% NH Black 3%
Total 4,757
% Latino est. 7%
% Spanish-Surnamed 6%
% Asian-Surnamed 3%
% Filipino-Surnamed 1%
% NH White est. 86%
% NH Black est. 3%
ACS Pop. Est. Total 12,497
age0-19 38%
age20-60 48%
age60plus 14%
immigrants 10%
naturalized 76%
english 86%
spanish 5%
asian-lang 2%
other lang 7%
Language Fluency Speaks Eng. "Less than Very Well" 2%
hs-grad 32%
bachelor 40%
graduatedegree 27%
Child in Household child-under18 56%
Pct of Pop. Age 16+ employed 68%
income 0-25k 3%
income 25-50k 8%
income 50-75k 3%
income 75-200k 42%
income 200k-plus 43%
single family 89%
multi-family 11%
rented 19%
owned 81%
Total population data from the California adjustment to the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

10.53%
13%
75%
1%
7%
10,648
11%
79%
0%
9%
10,706
7%
7%
3%
1%
89%
1%
9,782
7%
7%
3%
1%
89%
1%
7,629
6%
6%
2%
1%
90%
0%
14,709
25%
47%
28%
12%
73%
82%
8%
1%
9%
5%
44%
27%
24%
36%
61%
8%
6%
7%
45%
33%
93%
7%
15%
85%
3 12,958
81 0.63%
17%
73%
1%
6%
9,984
15%
76%
2%
4%
9,517
9%
9%
3%
1%
88%
1%
8,515
8%
8%
3%
1%
88%
1%
6,440
7%
7%
2%
0%
90%
0%
12,040
17%
50%
32%
11%
81%
85%
10%
2%
3%
4%
50%
29%
17%
22%
64%
13%
11%
10%
42%
23%
73%
27%
31%
69%
4 12,247
-630
-4.89%
28%
63%
1%
5%
8,954
15%
78%
2%
5%
7,711
13%
13%
2%
1%
84%
1%
6,820
12%
11%
2%
1%
85%
1%
4,883
9%
9%
1%
0%
88%
1%
12,015
23%
50%
27%
13%
61%
82%
13%
3%
2%
6%
46%
28%
20%
29%
65%
12%
13%
12%
40%
24%
71%
29%
41%
59%
5 12,908
31 0.24%
19%
73%
1%
3%
10,392
9%
82%
1%
5%
8,772
9%
9%
1%
1%
89%
0%
7,723
9%
8%
1%
0%
89%
0%
5,449
7%
7%
1%
0%
91%
0%
13,163
18%
55%
27%
10%
53%
86%
8%
2%
4%
5%
46%
29%
18%
20%
67%
8%
13%
12%
43%
24%
42%
58%
59%
41%
Total
64,384
2,196

17.05%
18%
71%
1%
6%
47,686
12%
78%
2%
6%
44,030
9%
9%
2%
1%
87%
1%
39,449
8%
8%
2%
1%
88%
1%
29,159
7%
7%
2%
0%
89%
1%
64,424
24%
50%
26%
11%
69%
84%
9%
2%
5%
4%
44%
30%
21%
31%
65%
9%
10%
9%
43%
29%
71%
29%
35%
65%
10/06/2023 13:43 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
20 I
I
I
I
I
Maptitude For R~tctJn,,:
3 4
2 1
5 5
Ave La Pata
Cam Del Rio
W Ave Palizada
Ave Victoria
Ave
Salvador
E Ave Magdalena
W Ave Valencia
Portico Del Norte
Cll Frontera
Via Socorro
Ave Vaquero
Cam De Los Mares
Ave Talega
Ave Presidio
Ave Vista Hermosa
Ave Pico
Cll Del Cerro
Cam La Pedriza
National Demographics Corporation, October 9, 2023
Districting 2023
City of San Clemente
Map 117
©2021 CALIPER 21
~
\ \
t,"~\.'
r,,~
~ I 1
\ / r'
J
-
•
Map 117
District 1
Total Pop 15,892
Deviation from ideal -204
% Deviation -1.27%
% Hisp 15%
% NH White 73%
% NH Black 1%
% Asian-American 7%
Total 11,838
% Hisp 11%
% NH White 83%
% NH Black 0%
% Asian/Pac.Isl. 5%
Total 11,596
% Latino est. 8%
% Spanish-Surnamed 8%
% Asian-Surnamed 3%
% Filipino-Surnamed 1%
% NH White est. 88%
% NH Black 0%
Total 10,515
% Latino est. 8%
% Spanish-Surnamed 7%
% Asian-Surnamed 3%
% Filipino-Surnamed 1%
% NH White est. 89%
% NH Black 0%
Total 8,146
% Latino est. 6%
% Spanish-Surnamed 6%
% Asian-Surnamed 2%
% Filipino-Surnamed 0%
% NH White est. 90%
% NH Black est. 0%
ACS Pop. Est. Total 15,061
age0-19 21%
age20-60 48%
age60plus 31%
immigrants 13%
naturalized 77%
english 89%
spanish 5%
asian-lang 1%
other lang 6%
Language Fluency Speaks Eng. "Less than Very Well" 3%
hs-grad 47%
bachelor 31%
graduatedegree 20%
Child in Household child-under18 27%
Pct of Pop. Age 16+ employed 62%
income 0-25k 12%
income 25-50k 10%
income 50-75k 9%
income 75-200k 40%
income 200k-plus 29%
single family 83%
multi-family 17%
rented 23%
owned 77%
Total population data from the California adjustment to the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

2.46%
14%
73%
1%
8%
11,113
12%
72%
5%
11%
10,678
8%
8%
3%
1%
86%
2%
9,691
7%
7%
3%
1%
87%
2%
7,179
7%
6%
3%
1%
88%
2%
17,531
36%
48%
16%
10%
77%
84%
5%
2%
9%
3%
34%
36%
27%
56%
67%
3%
6%
4%
44%
44%
91%
9%
15%
85%
3 16,118
22 0.14%
28%
64%
1%
4%
12,012
16%
76%
2%
6%
9,791
13%
13%
2%
1%
84%
1%
8,527
12%
11%
2%
1%
85%
1%
5,801
10%
10%
1%
0%
87%
1%
15,943
19%
55%
26%
14%
50%
76%
16%
3%
5%
7%
47%
25%
19%
22%
68%
11%
14%
15%
43%
17%
50%
50%
57%
43%
4 15,882
-214
-1.33%
15%
76%
1%
4%
12,723
11%
79%
2%
5%
11,965
8%
8%
2%
1%
89%
0%
10,716
8%
7%
2%
0%
90%
0%
8,032
6%
6%
1%
0%
91%
0%
15,889
20%
49%
31%
9%
78%
88%
8%
2%
2%
4%
47%
29%
19%
24%
62%
11%
10%
8%
43%
29%
70%
30%
37%
63%
Total
64,384
609

3.78%
18%
71%
1%
6%
47,686
12%
78%
2%
6%
44,030
9%
9%
2%
1%
87%
1%
39,449
8%
8%
2%
1%
88%
1%
29,159
7%
7%
2%
0%
89%
1%
64,424
24%
50%
26%
11%
69%
84%
9%
2%
5%
4%
44%
30%
21%
31%
65%
9%
10%
9%
43%
29%
71%
29%
35%
65%
10/10/2023 2:43 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
22 I
I
I
I
I
Maptitude For R~tctJn,,:
3 1
2 4
5 5
Ave La Pata
Cam Del Rio
W Ave Palizada
Ave Victoria
Ave
Salvador
E Ave Magdalena
W Ave Valencia
Portico Del Norte
Cll Frontera
Via Socorro
Ave Vaquero
Cam De Los Mares
Ave Talega
Ave Presidio
Ave Vista Hermosa
Ave Pico
Cam La Pedriza
National Demographics Corporation, October 9, 2023
Districting 2023
City of San Clemente
Map 118
©2021 CALIPER 23
Map 118
District 1
Total Pop 15,693
Deviation from ideal -403
% Deviation -2.50%
% Hisp 17%
% NH White 72%
% NH Black 1%
% Asian-American 6%
Total 11,815
% Hisp 12%
% NH White 81%
% NH Black 1%
% Asian/Pac.Isl. 6%
Total 11,716
% Latino est. 8%
% Spanish-Surnamed 8%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 88%
% NH Black 1%
Total 10,646
% Latino est. 8%
% Spanish-Surnamed 7%
% Asian-Surnamed 2%
% Filipino-Surnamed 0%
% NH White est. 89%
% NH Black 1%
Total 8,310
% Latino est. 6%
% Spanish-Surnamed 6%
% Asian-Surnamed 2%
% Filipino-Surnamed 0%
% NH White est. 90%
% NH Black est. 1%
ACS Pop. Est. Total 15,613
age0-19 22%
age20-60 46%
age60plus 31%
immigrants 14%
naturalized 75%
english 84%
spanish 9%
asian-lang 2%
other lang 6%
Language Fluency Speaks Eng. "Less than Very Well" 4%
hs-grad 44%
bachelor 28%
graduatedegree 24%
Child in Household child-under18 29%
Pct of Pop. Age 16+ employed 60%
income 0-25k 10%
income 25-50k 9%
income 50-75k 8%
income 75-200k 42%
income 200k-plus 31%
single family 91%
multi-family 9%
rented 21%
owned 79%
Total population data from the California adjustment to the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2017-2021 American Community Survey and Special Tabulation 5-year data.
2 15,818
-278
-1.72%
14%
73%
1%
8%
10,655
12%
71%
5%
11%
10,179
8%
8%
3%
1%
86%
2%
9,231
8%
7%
3%
1%
87%
2%
6,811
7%
6%
3%
1%
88%
2%
16,785
36%
48%
16%
10%
77%
84%
5%
2%
9%
3%
34%
37%
27%
56%
67%
3%
6%
4%
44%
44%
91%
9%
16%
84%
3 16,470
374

2.32%
26%
66%
1%
4%
12,429
12%
80%
2%
5%
10,192
12%
12%
2%
1%
85%
1%
8,870
11%
11%
2%
1%
86%
1%
5,968
10%
9%
1%
0%
88%
1%
16,196
19%
56%
25%
13%
48%
80%
13%
2%
4%
7%
47%
28%
17%
22%
69%
10%
14%
14%
44%
18%
47%
53%
59%
41%
4 16,403
307

1.91%
16%
75%
1%
5%
12,787
13%
78%
1%
5%
11,943
8%
8%
2%
1%
89%
0%
10,703
8%
7%
2%
0%
89%
0%
8,070
7%
6%
2%
0%
91%
0%
15,830
20%
50%
30%
10%
80%
88%
8%
2%
2%
4%
49%
29%
18%
24%
63%
12%
11%
9%
41%
27%
69%
31%
34%
66%
Total
64,384
777

4.83%
18%
71%
1%
6%
47,686
12%
78%
2%
6%
44,030
9%
9%
2%
1%
87%
1%
39,449
8%
8%
2%
1%
88%
1%
29,159
7%
7%
2%
0%
89%
1%
64,424
24%
50%
26%
11%
69%
84%
9%
2%
5%
4%
44%
30%
21%
31%
65%
9%
10%
9%
43%
29%
71%
29%
35%
65%
10/10/2023 3:00 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
24 I
I
I
I
I
Maptitude For R~tctJn,,:
3 1
2 4
5 5
Ave La Pata
Cam Del Rio
W Ave Palizada
Ave Victoria
Ave
Salvador
E Ave Magdalena
W Ave Valencia
Portico Del Norte
Cll Frontera
Via Socorro
Ave Vaquero
Cam De Los Mares
Ave Talega
Ave Presidio
Ave Vista Hermosa
Ave Pico
Cam La Pedriza
National Demographics Corporation, October 9, 2023
Districting 2023
City of San Clemente
Map 119
©2021 CALIPER 25
Map 119
District 1
Total Pop 15,620
Deviation from ideal -476
% Deviation -2.96%
% Hisp 14%
% NH White 75%
% NH Black 1%
% Asian-American 7%
Total 12,074
% Hisp 9%
% NH White 84%
% NH Black 1%
% Asian/Pac.Isl. 5%
Total 12,118
% Latino est. 7%
% Spanish-Surnamed 7%
% Asian-Surnamed 3%
% Filipino-Surnamed 1%
% NH White est. 89%
% NH Black 1%
Total 11,030
% Latino est. 7%
% Spanish-Surnamed 7%
% Asian-Surnamed 3%
% Filipino-Surnamed 0%
% NH White est. 89%
% NH Black 1%
Total 8,590
% Latino est. 6%
% Spanish-Surnamed 6%
% Asian-Surnamed 2%
% Filipino-Surnamed 0%
% NH White est. 90%
% NH Black est. 1%
ACS Pop. Est. Total 15,436
age0-19 21%
age20-60 46%
age60plus 33%
immigrants 13%
naturalized 78%
english 87%
spanish 6%
asian-lang 2%
other lang 5%
Language Fluency Speaks Eng. "Less than Very Well" 3%
hs-grad 47%
bachelor 28%
graduatedegree 22%
Child in Household child-under18 27%
Pct of Pop. Age 16+ employed 59%
income 0-25k 12%
income 25-50k 10%
income 50-75k 7%
income 75-200k 40%
income 200k-plus 31%
single family 93%
multi-family 7%
rented 18%
owned 82%
Total population data from the California adjustment to the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2017-2021 American Community Survey and Special Tabulation 5-year data.
2 15,818
-278
-1.72%
14%
73%
1%
8%
10,655
12%
71%
5%
11%
10,179
8%
8%
3%
1%
86%
2%
9,231
8%
7%
3%
1%
87%
2%
6,811
7%
6%
3%
1%
88%
2%
16,785
36%
48%
16%
10%
77%
84%
5%
2%
9%
3%
34%
37%
27%
56%
67%
3%
6%
4%
44%
44%
91%
9%
16%
84%
3 16,313
217

1.35%
28%
64%
1%
4%
12,172
16%
76%
2%
6%
9,900
13%
13%
2%
1%
84%
1%
8,622
12%
11%
2%
1%
85%
1%
5,864
10%
10%
1%
0%
87%
1%
16,135
19%
55%
26%
14%
50%
76%
16%
3%
5%
7%
47%
25%
19%
22%
68%
11%
14%
15%
44%
17%
49%
51%
57%
43%
4 16,633
537

3.34%
16%
74%
1%
5%
12,785
12%
79%
1%
5%
11,833
9%
9%
2%
1%
89%
0%
10,566
8%
8%
2%
0%
89%
0%
7,894
6%
6%
2%
0%
91%
0%
16,068
20%
51%
28%
9%
78%
89%
7%
2%
2%
4%
47%
31%
18%
25%
65%
11%
10%
9%
43%
28%
64%
36%
40%
60%
Total
64,384
1,013

6.29%
18%
71%
1%
6%
47,686
12%
78%
2%
6%
44,030
9%
9%
2%
1%
87%
1%
39,449
8%
8%
2%
1%
88%
1%
29,159
7%
7%
2%
0%
89%
1%
64,424
24%
50%
26%
11%
69%
84%
9%
2%
5%
4%
44%
30%
21%
31%
65%
9%
10%
9%
43%
29%
71%
29%
35%
65%
10/10/2023 3:17 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
26 I
I
I
I
I
Maptitude For R~tctJn,,:

NDC San Clemente 10/10/2023
Proposed Election Year Sequencing by Map
Focus Maps and New Maps
Current Terms: 2024: Duncan and Loeffler 2026: Cabral, Enmeier, and Knoblock 4-District Maps, Mayor elected in 2026
Map 2024 Elections 2026 Elections
109 3 (Loeffler) and 4 (vacant) Mayor, 1 (Cabral), and 2 (Duncan, Enmeier, & Knoblock)
111 2 (Duncan) and 3 (Loeffler) Mayor, 1 (Cabral) and 4 (Enmeier & Knoblock) 112 2 (Duncan) and 3 (Loeffler) Mayor, 1 (Cabral) and 4 (Enmeier & Knoblock) 114 3 (Loeffler) and 4 (vacant) Mayor, 1 (Cabral), and 2 (Duncan, Enmeier, & Knoblock)
117 2 (Duncan) and 3 (Loeffler) Mayor, 1 (Cabral, Enmeier, & Knoblock), and 4 (vacant)
118 2 (Duncan) and 3 (Loeffler) Mayor, 1 (Cabral) and 4 (Enmeier & Knoblock) 119 2 (Duncan) and 3 (Loeffler) Mayor, 1 (Cabral) and 4 (Enmeier & Knoblock) 5-District Maps (rotating Mayor; vacant district options can be swapped) Map 2024 Elections 2026 Elections
115 2 (Loeffler) and 5 (Duncan) 1 (vacant), 3 (Cabral, Enmeier, & Knoblock), and 4 (vacant)
116 1 (Duncan) and 4 (Loeffler & Cabral) 2 (vacant), 3 (Enmeier & Knoblock), and 5 (vacant) 27 I I
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 17, 2023 Agenda Item: 8B
Department: City Clerk
Prepared By Laura Campagnolo, City Clerk
Subject:

PUBLIC HEARING #5 TO INTRODUCE FOR FIRST READING AN ORDINANCE ADDING SECTIONS 2.04.010 THROUGH 2.04.012 TO THE SAN CLEMENTE MUNICIPAL CODE TO

TRANSITION TO BY-DISTRICT ELECTIONS AND SETTING MAYORAL TERM LIMITS Fiscal Impact:

None.

Summary:

The purpose of this Fifth Public Hearing is to receive public input and introduce and conduct a first reading of a proposed ordinance transitioning from at large to by-district elections for City Council and setting a life-time term limit of three full terms (six years, plus any partial appointed terms) for the Mayor by adding Sections 2.04.010 through 2.04.012 to the San Clemente Municipal Code.

Background:

On August 15, 2023, the City Council adopted Resolution No. 23-85 Declaring the City of San Clemente’s Intent to Initiate Procedures to Consider Transition from At-Large Elections to ByDistrict Elections. Pursuant to Elections Code section 10010, the City Council held public hearings on August 15, September 5, and October 3 and 17, 2023 and received public input regarding the number of districts, the composition of the districts, the potential election sequencing and draft maps. City staff also conducted public outreach regarding the districting process at various City commission, committee and community meetings.

The final step in the districting process is to introduce and adopt an Ordinance transitioning to bydistrict elections before November 7, 2023. If a final map is selected at the fourth public hearing (right before this item), and no changes to the map are required, City Council may conduct this fifth public hearing on the same night to introduce an ordinance to transition to by-district elections. If Council selects a map, but changes are needed, the revised map must be posted for at least seven (7) days before the Ordinance is introduced.

Ordinance Components
The proposed Ordinance has the following components:

1. Adoption of the chosen map with four districts;
1 Meeting Date: October 17, 2023 Agenda Item: 8B

CITY OF SAN CLEMENTE

2. A directly elected at-large Mayor with a two-year term beginning with the November 2026 election;

3. Maximum three full terms life-time limit (six years) for the Mayor;

4. Sequencing of the district elections with some in November 2024 and some in 2026, depending on the map; and

5. A “poison pill” provision, whereby if the California Voting Rights Act of 2001 is ever found to be unconstitutional or amend in a manner so that it would not apply to the City, the Ordinance will automatically sunset.

After selecting the map, the City Council must decide which districts are up for election in 2024, with the others thus being up for election in 2026. Under Section 10010(b) of the California Elections Code:

In determining the final sequence of the district elections conducted in a political subdivision in which members of the governing body will be elected at different times to provide for staggered terms of office, the governing body shall give special consideration to the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of this code), and it shall take into account the preferences expressed by members of the districts.

The proposed sequencing, which is the timeline for implementing the district-based election system, is as follows, depending on which map the Council selects:

Current Terms: 2024: Duncan and Loeffler 2026: Cabral, Enmeier, and Knoblock 4-District Maps, Mayor elected in 2026
Map 2024
Elections
2026 Elections
109 3 (Loeffler)
and 4
(vacant)
Mayor, 1 (Cabral), and 2 (Duncan,
Enmeier, &
Knoblock)
111 2
(Duncan)
and 3
(Loeffler)
Mayor, 1 (Cabral) and 4 (Enmeier &
Knoblock)
112 2
(Duncan)
and 3
(Loeffler)
Mayor, 1 (Cabral) and 4 (Enmeier &
Knoblock)
114 3 (Loeffler)
and 4
(vacant)
Mayor, 1 (Cabral), and 2 (Duncan,
Enmeier, &
Knoblock)
2 Meeting Date: October 17, 2023 Agenda Item: 8B

CITY OF SAN CLEMENTE
117 2
(Duncan)
and 3
(Loeffler)
Mayor, 1 (Cabral, Enmeier, & Knoblock),
and 4
(vacant)
118 2
(Duncan)
and 3
(Loeffler)
Mayor, 1 (Cabral) and 4 (Enmeier &
Knoblock)
119 2
(Duncan)
and 3
(Loeffler)
Mayor, 1 (Cabral) and 4 (Enmeier &
Knoblock)
Given the statutory timing requirements, it is recommended that by the end of the City Council meeting on October 17, 2023, the Council complete this fifth public hearing, and introduce the attached Ordinance with the blanks being filled in regarding the sequencing based on the map selected. The Ordinance would then be brought forward for adoption at the sixth public hearing, which is scheduled to take place at the City Council meeting on November 7, 2023. The City Council may make changes to the proposed Ordinance before conducting the first reading tonight, and as long as the changes do not involve changes to the selected map, the timeline under Elections Code section 10010 can be met.

At this time, staff recommends the City Council select its preferred map, designate their preferred election years for each district, and introduce the proposed Ordinance, establishing four districts for election and an at-large elected Mayor and setting Mayoral term limits by adding Sections

2.04.010 through 2.024.012 to the San Clemente Municipal Code.

Council Options:
 Conduct the fifth Public Hearing to receive public input and introduce and conduct the first reading of Ordinance No. 1762 to transition to by-district elections and set a life-time three full term limit for the directly elected at-large Mayor.
 Conduct the fifth Public Hearing and modify, introduce and conduct the first reading of Ordinance No. 1762.
 Direct Staff to return to Council with additional information or a revised map.

Environmental Review/Analysis:

This is not a “project” under the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation

1. Open a public hearing and invite members of the public to provide feedback on the proposed Ordinance.
3 Meeting Date: October 17, 2023 Agenda Item: 8B

CITY OF SAN CLEMENTE

2. Introduce and conduct the first reading of Ordinance No. 1762 entitled AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADDING SECTIONS 2.04.010 THROUGH 2.04.012 TO THE SAN CLEMENTE MUNICIPAL CODE,

ESTABLISHING A BY-DISTRICT ELECTION PROCESS IN FOUR COUNCIL DISTRICTS

WITH AN ELECTIVE OFFICE OF MAYOR PURSUANT TO CALIFORNIA ELECTIONS CODE § 10010 AND CALIFORNIA GOVERNMENT CODE §§ 34871(C) AND 34886 AND SETTING MAYORAL TERM LIMITS.
..end
Attachment:

1. Ordinance No. 1762
Notification:

San Clemente Times 1/8 Page Ad in English and Spanish
4 ATTACHMENT 1
ORDINANCE NO. 1762

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, ADDING SECTIONS 2.04.010
THROUGH 2.04.012 TO THE SAN CLEMENTE MUNICIPAL

CODE, ESTABLISHING A BY-DISTRICT ELECTION

PROCESS IN FOUR COUNCIL DISTRICTS WITH AN

ELECTIVE OFFICE OF MAYOR PURSUANT TO CALIFORNIA
ELECTIONS CODE § 10010 AND CALIFORNIA
GOVERNMENT CODE §§ 34871(C) AND 34886 AND SETTING

MAYORAL TERM LIMITS
WHEREAS, the City of San Clemente currently elects its five City Councilmembers using an at-large election system, and the City Council selects a Mayor and Mayor Pro Tem from among its members; and
WHEREAS, in the at-large election system, candidates may reside in any part of the City and each City Councilmember is elected by the voters of the entire City; and WHEREAS, the City's current electoral system observes the guarantees of Section 7 of Article I and Section 2 of Article II of the California Constitution, the Equal Protection Clause of the United States Constitution, and the federal Voting Rights Act; and WHEREAS, in a by-district election system, a candidate for City Council must reside in the district which he or she wishes to represent, and only the voters of that district are entitled to vote to decide who their representative will be; and WHEREAS, on July 10, 2023, the City received a letter from the Law Offices of Michelle R. Jackson, asserting the City's at-large electoral system violated the California Voting Rights Act, and threatening litigation if the City declined to adopt by-district elections; and
WHEREAS, the letter did not contain any evidence of a violation, but the cost of defending against a claim under the California Voting Rights Act is extremely high, even if the City is successful, and at this time such an expensive defense would severely burden the City's budget and curtail the City's ability to provide needed services to its residents; and WHEREAS, under the provisions of California Government Code sections 34870- 34884, a proposal to adopt a by-district method of election in a general law city must ordinarily be submitted to the voters of the city; and
WHEREAS, California Government Code section 34886 permits the City Council, to change the City's method of election by ordinance, with certain formalities, to a "by-district" system; and
WHEREAS, California Government Code section 34886, as amended effective January 1, 2020, provides:

Notwithstanding Section 34871 or any other law, the legislative body of a city may adopt an ordinance that requires the members of the legislative body to be elected by district or by district with an elective mayor, as described in 5 subdivisions (a) and (c) of Section 34871, without being required to submit the ordinance to the voters for approval. An ordinance adopted pursuant to this section shall comply with the requirements and criteria of Section 21601 or 21621 of the Elections Code, as applicable, and include a declaration that the change in the method of electing members of the legislative body is being made in furtherance of the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code); and
WHEREAS, California Government Code section 34871(c) provides for the election of members of the legislative body of a city by districts in four districts, with a separately elected mayor; and
WHEREAS, the City wishes to avoid litigation and take advantage of the provisions of Government Code section 34886, and therefore, pursuant to California Government Code section 34886, it is declared the change in the method of electing members of the City Council of the City of San Clemente made by this Ordinance also implements the guarantees of Section 7 of Article I and of Section 2 of Article II of the California Constitution, as set forth in Section 14031 of the California Voting Rights Act, and WHEREAS, at its regular meeting of August 15, 2023, the City Council adopted a resolution of intent to establish a by-district voting process pursuant to Elections Code section 10010, Resolution No. 23-85; and
WHEREAS, under the provisions of California Elections Code section 10010, a political subdivision that changes from an at-large method of election to a by-district method of election shall hold at least two public hearings over a period of no more than thirty days, at which the public is invited to provide input regarding the composition of the districts before drawing a draft map or maps of the proposed boundaries of the districts; and WHEREAS, before any maps of the proposed boundaries of the districts were drawn, the City Council held public hearings on August 15, 2023 and September 5, 2023, at which time input from the public on the proposed composition of the districts was invited and heard; and
WHEREAS, on September 21, 2023, consistent with the provisions of California Elections Code section 10010, the City published and made available for public review, thirteen (13) draft maps for consideration by the Council, two of which were prepared by the City's demographic consultant, and the rest of which were submitted by members of the public; and
WHEREAS, the potential sequence of elections for each such map was also published at that time; and
WHEREAS, between October 4, 2023 and October 10, 2023, the City published six (6) more draft maps submitted by the public and NDC, in addition to those already published on September 21, 2023, together with potential sequences of elections for each of those maps; and
6 WHEREAS, as required by California Elections Code section 10010, the City held a third public hearing on October 3, 2023, at which the public was invited to provide input regarding the content of the draft maps and the potential sequence of elections; and WHEREAS, after the close of the public hearings on October 3, 2023, the City Council provided instruction to the City's demographic consultant about making revisions to draft maps and identified map numbers 109, 111 and 112, which had been submitted by members of the public and NDC, as “Focus Maps”; and
WHEREAS, revised maps and the "Focus Maps", in addition to more maps submitted by the public, were made available for public review on October 10, 2023, and the potential sequence of elections for those maps was published as well; and WHEREAS, as required by California Elections Code section 10010, the City held a fourth public hearing on October 17, 2023, at which the public was again invited to provide input regarding the content of the draft maps and the potential sequence of elections; and WHEREAS, as required by California Elections Code section 10010, the City held a fifth public hearing on October 17, 2023, at which the public was again invited to provide input regarding Ordinance No. 1762; and
WHEREAS, it is the considered view of the City Council that revised draft map ---, attached hereto as Exhibit A and incorporated into this Ordinance by reference, will serve the best interests of the City of San Clemente; and
WHEREAS, the purpose of this Ordinance is to enact, pursuant to California Government Code section 34886, an ordinance providing for the election of the members of the City Council of the City of San Clemente by-district in four single-member districts, and a separately elected office of Mayor.

NOW, THEREFORE, the City Council of the City of San Clemente, California, does ordain as follows:

Section 10: SAN CLEMENTE MUNICIPAL CODE SECTION 2.04.10, ADDED Section 2.04.10 of the San Clemente Municipal Code is hereby added as follows:

2.04.10 Four City Councilmembers and Elective Mayor.

Pursuant to California Government Code sections 34886 and 34871(c), commencing with the November 2024 general municipal election, the members of the San Clemente City Council shall be elected by-districts in four (4) single-member districts with an elective Mayor. Each Councilmember shall serve a term of four years subject to the term limit set forth in section 2.04.090. The Mayor shall be elected at large by the people of San Clemente and shall serve a term of two years, with a life-time term limit of three full terms, and without the ability to run for Mayor again after completing three full terms.
7 -
Section 2: SAN CLEMENTE MUNICIPAL CODE SECTION 2.04.11, ADDED Section 2.04.11 of the San Clemente Municipal Code is hereby added as follows:

2.04.11. By-District Electoral System for Four City Councilmembers.

A. Beginning with the general municipal election in November 2024, Councilmembers shall be elected in the electoral districts reflected on the map contained in Exhibit A hereto, which is incorporated fully herein by this reference, and as subsequently reapportioned as provided by law. Elections shall take place on a bydistrict basis as that term is defined in California Government Code section 34871, meaning one member of the City Council shall be elected from each district, by the voters of that district alone, except for the Mayor, who shall be elected citywide. In accordance with section 2.04.10, each Councilmember shall serve a four-year term until his or her successor has qualified.

B. Except as provided in subdivision (C) hereof, the Councilmember elected to represent a district must reside in that district and be a registered voter in that district, and any candidate for City Council must live, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued, pursuant to California Government Code section 34882 and Elections Code section 10227.

Termination of residency in a district by a Councilmember shall create an immediate vacancy for that Council district unless a substitute residence within the district is established within 30 days after the termination of residency. (3) Notwithstanding any other provision of this section, each of the Councilmembers in office at the time this article takes effect shall continue in office until the expiration of the full term to which he or she was elected and until his or her successor is qualified. Vacancies in Councilmember offices elected at-large may be filled from the City at-large. At the end of the term of each Councilmember, that member's successor shall be elected on a by-district basis in the districts established in Subsection A and the map contained in Exhibit A hereto, as subsequently reapportioned as provided by law. A vacancy in a Councilmember office elected by-district shall be filled by a person qualified to hold the office, who is a resident of the district.

Section 4: SAN CLEMENTE MUNICIPAL CODE SECTION 2.04.12, ADDED Section 2.04.12 of the San Clemente Municipal Code is hereby added as follows:

2.04.12 Election Schedule for Councilmembers Elected By-District.

A. Consistent with Sections 2.04.10 and 2.04.11, Councilmembers from Council Districts - and - shall be elected beginning at the General Municipal Election in November 2024, and every four years thereafter.
8 -
-
B. Consistent with Section 2.04.11, the Mayor and Councilmembers from Council Districts - and - shall be elected beginning at the General Municipal Election in November 2026, and every four years thereafter.

Section 5: IMPLEMENTATION
If necessary to facilitate the implementation of this Ordinance, the City Manager or his or her designee is authorized to make technical adjustments to the district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district. The City Manager shall consult with the City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts.

Section 6: ENVIRONMENTAL REVIEW
The City Council finds that the proposed amendments to the San Clemente Municipal Code are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) in that it is not a project that has the potential for causing a significant effect on the environment.

Section 7: SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. Such section, subsection, sentence, clause or phrase, instead, shall be superseded and replaced by the corresponding provisions, if any exist, of Title 24 of the California Code of Regulations. The City Council of the City of San Clemente hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

Section 8: INCONSISTENCIES
To the extent the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof.

Section 9: INTERPRETATION
In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be interpreted in a manner that effectively accomplishes its stated purposes. 9 -
Section 10: SUNSET PROVISIONS
This Ordinance shall be of no further force and effect if the California Voting Rights Act, Elections Code sections 14025 through 14032, as it now exists or may hereafter be amended, is repealed, or declared by a court of competent jurisdiction to be facially unconstitutional, in whole or in part, or unconstitutional, in whole or in part, as applied to the City of San Clemente, or is amended such that its provisions no longer apply to the City of San Clemente. In the event that this Ordinance is of no further force and effect pursuant to this section, the City Council shall immediately consider an ordinance repealing Sections 2.04.10 through 2.04.12 of the Municipal Code of the City of San Clemente. In the event that this Ordinance is of no further force and effect pursuant to this section, the incumbent Councilmembers elected pursuant to the provisions of this Ordinance shall complete their terms of office until their successors are qualified, and their successors shall be elected at-large in the order in which the terms of the thenincumbent Councilmembers expire and in accordance with all other provisions of law, until such time as a different method of election City Councilmembers is approved in accordance with applicable law.

EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption.

Within fifteen (15) days after its adoption, the City Clerk of the City of San Clemente shall cause this Ordinance to be published pursuant to the provisions of Government Code § 36933.

Section 11: The City Clerk shall certify to the passage of this ordinance and cause the same to be published as required by law, and the same shall take effect as provided by law.

APPROVED AND ADOPTED this _____day of _________________, 2023.

ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
10 STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

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

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
__________________________
Elizabeth A. Mitchell, CITY ATTORNEY
.
11 910 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 17, 2023 Agenda Item: 10A
Department: City Council
Prepared By Andy Hall, City Manager
Subject:

CITY COUNCIL CORRESPONDENCE WITH ORANGE COUNTY SUPERVISOR FOLEY Fiscal Impact:

None.

Summary:

On September 14, 2023, the City Council directed staff to prepare a letter from the City Council to Orange County Supervisor Foley seeking to collaborate on housing projects, specifically permanent supportive housing, that include funding from Orange County. In previous discussions, there has also been an interest expressed in seeking County assistance in getting opportunistic sand placed on the beach areas in San Clemente whenever possible. Because these items are unrelated and involve different departments of County Government, staff has prepared two separate letters for consideration by the City Council.

Background:

City Council policy allows members of the City Council to place items on a future agenda with a second, and with a third, staff is directed to prepare a staff report for consideration. In this instance, at least three members of the City Council directed staff to prepare a letter from the City Council to Supervisor Foley requesting that collaboration between the City and the County occur whenever County funds are used in housing projects, specifically permanent supportive housing, within San Clemente.

The purpose for collaboration is to ensure that the objectives of the City are aligned with those of the County. It is possible that County funding could be provided to a project that results in the displacement of existing residents. In this type of circumstance, the City Council would like the City to be included in the decision-making process to avoid solving one problem only to create another, potentially larger issue. Conversely, there could be circumstances where City involvement may result in an enhanced project with additional units, project consolidation or other benefits to a housing project. Either way, the City Council has determined that better communication will improve the process of County subsidized housing in San Clemente.

An additional request from Supervisor Foley has also been prepared for consideration.

Supervisor Foley has contacted the City Manager and requested that the City notify her office if the City is interested in assistance with the provision of sand placed on San Clemente beaches when possible. Several weeks ago, Supervisor Foley was instrumental in getting sand placed on 1 Meeting Date: October 17, 2023 Agenda Item: 10A

CITY OF SAN CLEMENTE
Capistrano Beach. The City Council is hopeful that future projects would include some of the beach areas in San Clemente.

Council Options:
 Approve the letters as proposed and direct staff to send the correspondence to Supervisor Foley.
 Modify and approve the letters and direct staff to send the correspondence to Supervisor Foley.
 Reject the letters.

Environmental Review/Analysis:

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

Recommended Actions:

Staff Recommendation
Provide direction in relation to correspondence with Supervisor Foley. ..end
Attachment:

1. Draft letter to Supervisor Foley regarding funding for housing projects

2. Draft letter to Supervisor Foley regarding the potential placement of sand on San Clemente beaches
2 Attachment 1
City Hall ● 910 Calle Negocio, San Clemente CA 92673 ● (949) 361-8200 ● www.san-clemente.org

OFFICE OF THE MAYOR

AND CITY COUNCIL
Chris Duncan
Mayor
Steve Knoblock
Mayor Pro Tem
Victor Cabral
Mark Enmeier
Rick Loeffler

CITY MANAGER
Andy Hall
910 Calle Negocio
San Clemente, CA 92673
Phone: (949) 361-8200
“The Spanish Village
by the Sea”
October 17, 2023
Supervisor Katrina Foley
400 W Civic Center Dr.

Santa Ana, CA 92701
Supervisor Foley,
Thank you for your efforts to improve life in Orange County and your dedicated representation of San Clemente. We hope you will always feel welcome in our community and can count on our support as you navigate the challenges in insuring that the quality of life for all Orange County residents is maintained.

You have been consistent in your request that we, as a city, reach out with any concerns which would fall under your purview as our elected Supervisor. We would request that you review the following narrative as this situation has created such an issue.

In the past few weeks, a resident, and board member of a local nonprofit, has publicly announced that his organization is actively seeking a property to secure as a Permanent Supportive Housing development here in San Clemente. This individual has further stated that the County has committed to funding the purchase, and renovation, of a local motel to convert into such a facility. This assertion, whether accurate or not, has a large number of our residents concerned.

The concern is that the County would actively participate in such a project without consulting with our city officials.

Several years ago, a nonprofit organization purchased an apartment building in San Clemente which they operate as PSH. Pursuant to the process of conversion, several long-time low-income residents were evicted and replaced with new lowincome renters. This practice is inconsistent with our city’s desire to serve San Clemente residents who have been fortunate enough to secure affordable housing in this challenging rental market. We want to ensure that our hard-working Hispanic, Asian, Senior, Disabled and Military Veteran residents are not displaced if future projects are proposed. We certainly do not want to experience a situation where funding from the County attempts to solve one problem while creating other, potentially more damaging, issues later. We trust your commitment that the County will not fund alternative housing options in a city, without that city’s intention to do so, still stands. It is our opinion that if such a project were initiated, the odds of success would be greatly enhanced if the County and the impacted city were able to collaborate BEFORE the planning stages.

CELEBRATING 90 YEARS OF INCORPORATION
3 an
---Clemente

Page 2 ends

_______________________________
Kathleen Ward
Mayor, City of San Clemente
Once again, thank you for everything you have done while representing your constituents in San Clemente. If you have any questions, or need any clarification presented in this correspondence, please do not hesitate to contact our City Manager.

Respectfully,
Chris Duncan, Mayor Victor Cabral, Councilmember
Mark Enmeier, Councilmember Steve Knoblock, Councilmember Rick Loeffler, Councilmember
4 5

OFFICE OF THE MAYOR

AND CITY COUNCIL
Chris Duncan
Mayor
Steve Knoblock
Mayor Pro Tem
Victor Cabral
Mark Enmeier
Rick Loeffler

CITY MANAGER
Andy Hall
910 Calle Negocio
San Clemente, CA 92673
Phone: (949) 361-8200
"The Spanish. Village
by the Sea"
an
Clemente
CELEBRATING 90 YEARS OF INCORPORATION
October 17, 2023
Supervisor Katrina Foley
400 W Civic Center Dr.

Santa Ana, CA 92701
Supervisor Foley,
Attachment 2
Thank for your efforts to protect and enhance coastal resources in your district.

Your success in finding a way to place sand on Capistrano Beach was well received and will benefit both Dana Point and San Clemente. San Clemente is currently working with the County to obtain a Sand Compatibility and Opportunistic Use Program Permit (SCOUP) in order to take advantage of future opportunities to obtain sand from a variety of sources and strategically place the sand on the beaches in the City. If such an opportunity arises in regards to procuring sand for our beaches, please let us know. We are eager to take any action that would afford us the ability to replenish any amount of sand for our diminishing coastline.

The City is aware how complex sand placement can be and your efforts should be applauded. Thank you again and we look forward to additional successful sand placement in San Clemente in the future. If you have any questions, or need any clarification presented in this correspondence, please do not hesitate to contact our City Manager.

Respectfully,
Chris Duncan, Mayor
Mark Enmeier, Councilmember
Councilmember
Rick Loeffler, Councilmember
Victor Cabral, Councilmember
Steve Knoblock,
City Hall • 910 Calle Negocio, San Clemente CA 92673 • (949) 361-8200 • www.san-clemente.org 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 17, 2023 Agenda Item: 10B
Department: Community Development
Prepared By: Adam Atamian, Community Development Director ..ag endizedby
..end
Subject:
..titl e

REGULATING
..body UTILITIES WITHIN OPEN SPACE ZONING DISTRICTS
Fiscal Impact:

None to receive and file this report.

Summary:

This report provides information on the regulation of public utility uses within the City’s Open Space zoning districts. The City’s Zoning Ordinance and Specific Plans contain regulations to specify the types of utilities permitted by-right and those that are conditionally permitted. While not every potential type of utility or utility-related project is expressly called out in these documents, staff believes that existing City regulations are adequate to properly regulate utilities in open space zones.

Background:

On October, 3, 2023, the City Council requested a report on the zoning of “utilities” within open space areas, to include topics such as how utilities are defined and the type of utilities that may be potentially permitted.

Discussion:

The City’s Zoning Ordinance and Specific Plans identify land uses that are permitted by-right and those that are permitted conditionally with approval of a Conditional Use Permit through a public hearing process. For utilities, regulations are contained within these documents to specify the types of utilities permitted by-right and those that are conditionally permitted. For major public utilities, the California Public Utilities Code may also serve to clarify permitted uses, as that state code takes precedence over local regulations.

Below are excerpts from the California Public Utilities Code, the San Clemente Municipal Code (SCMC), as well as two examples of how the City’s Specific Plans (Talega and Rancho San Clemente) define “utilities”.
 California Public Utilities Code Section 216 defines "Public utility" as “every common carrier, toll bridge corporation, pipeline corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, sewer system corporation, and heat corporation, where the service is performed for, or the commodity is delivered to, the public or any portion thereof” (the full State law section is provided as Attachment 1). 1 Meeting Date: October 17, 2023 Agenda Item: 10B

CITY OF SAN CLEMENTE
 SCMC 17.28.240 – Public Utilities. The SCMC identifies utilities as either major or minor, stating, “Major utilities shall include, but shall not be limited to, reservoirs, utility substations, including electrical distribution and transmission substations, and above-ground pump stations, such as sewage and potable water system pump stations, antennas (other than satellite antennas, antennas on City property, and small cell facilities) and similar facilities.” For minor utilities, the SCMC states, “Minor utilities shall include, but shall not be limited to, below-ground pump stations, stand pipes, and transformers.” Attachment 2 provides the entire SCMC Section 17.28.240. The SCMC does not define “private utilities.”  The Talega Specific Plan defines “Public Utility Uses” as “the facilities of a public service corporation, providing some public utility and subject to special governmental regulations, usually a protected monopoly. Typical uses shall include communication, reception, and relay facilities; transmission lines and facilities; and electrical substations.” The Talega Specific Plan does not define “private utilities.”
 The Rancho San Clemente Specific Plan defines “Public Utility” as a “business organization, such as a public-service corporation, performing some public service and subject to special government regulations, usually a protected monopoly. Typical uses shall include public-utility buildings, structures, and facilities.” The Rancho San Clemente Specific Plan does not define “private utilities.”
If a land use is not specified or it is unclear whether a proposed land use fits within the types of land uses identified in the SCMC or the City’s Specific Plans, the SCMC provides a process for interpretations. This process is used to determine if a proposed land use is consistent with the purpose of a zoning district and is similar to a land use that is identified, in terms of the use’s function and potential land use impacts. An interpretation of “utilities-related” land uses in open space zones would most likely require a Planning Commission determination, as that body is responsible for making interpretations that are considered major.

In addition to zoning regulations, the use of open space is restricted by General Plan policy (Policy BPR-4.09. Measure V Initiative) adopted as an outcome of the City’s 2008 ballot initiative, Measure V. The policy requires majority voter approval of any proposal to change open space zoning and permitted uses that existed as of September 2007 with limited exceptions. This majority vote must occur for the City to process an amendment to policies and regulations to allow a proposed change to open space zoning unless exempted from Measure V.

Using the Talega Specific Plan’s Open Space Standards section (provided as Attachment 3) as an example provides a good illustration of how the City’s current zoning requirements are applied.

In the Talega Private Open Space area, the Specific Plan identifies the permitted uses related to utilities as: “Infrastructure facilities and extensions necessary to serve the open space area and adjacent development areas, such as roads, utilities, and flood-control improvements, and fuel modification.” Based on this description and using a battery energy storage system (BESS) use as an example, staff believes that a Specific Plan Amendment would be required to allow this type of use. This is because: 1) this type of infrastructure facility is not “necessary” to serve “adjacent development areas,” and 2) does not “serve the open space area.” There are no conditionally-permitted uses allowed in the Talega Private Open Space Zones that are specific to utilities. While the Specific Plan wording is not an outright prohibition on BESS, staff’s analysis is 2 Meeting Date: October 17, 2023 Agenda Item: 10B

CITY OF SAN CLEMENTE
that this type of proposed use is not consistent with the permitted uses of the Talega Specific Plan. Therefore, to process an application for a BESS use, an applicant has two options: 1) request a Planning Commission interpretation that the use is permitted, contrary to staff’s analysis, or 2) pursue voter approval of a proposal to initiate the Specific Plan Amendment to allow this type of use.

In conclusion, staff believes that existing City regulations are adequate to properly regulate utilities in open space zones.

Council Options:

1. Receive and file this report. Staff will maintain implementation of existing regulations.

2. Direct staff to initiate work on amendments that clarify which public utilities are potentially allowed within open space.

3. Continue this item to request additional information.

Environmental Review/Analysis:

Informational reports are not a “project” under the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation:

STAFF RECOMMENDS THAT THE CITY COUNCIL receive and file this report. ..recommendation
..end
Attachment:

1. State definition of Public Utility

2. Zoning Ordinance Section for Public Utilities (SCMC 17.28.240 – Public Utilities)

3. Talega Specific Plan Section 507 – Open Space Standards Notification:

None.
3 Cal. Pub. Util. Code § 216
Section 216 - Public utility
(a)
(1) "Public utility" includes every common carrier, toll bridge corporation, pipeline corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, sewer system corporation, and heat corporation, where the service is performed for, or the commodity is delivered to, the public or any portion thereof.
(2) A provider of last resort, as defined in Section 387, that is providing service pursuant to Article 8.5 (commencing with Section 387) of Chapter 2.3 is a public utility subject to the jurisdiction, control, and regulation of the commission and the provisions of this part regarding providing that service.
(b) Whenever any common carrier, toll bridge corporation, pipeline corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, sewer system corporation, or heat corporation performs a service for, or delivers a commodity to, the public or any portion thereof for which any compensation or payment whatsoever is received, that common carrier, toll bridge corporation, pipeline corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, sewer system corporation, or heat corporation, is a public utility subject to the jurisdiction, control, and regulation of the commission and the provisions of this part.
(c) When any person or corporation performs any service for, or delivers any commodity to, any person, private corporation, municipality, or other political subdivision of the state, that in turn either directly or indirectly, mediately or immediately, performs that service for, or delivers that commodity to, the public or any portion thereof, that person or corporation is a public utility subject to the jurisdiction, control, and regulation of the commission and the provisions of this part.
(d) Ownership or operation of a facility that employs cogeneration technology or produces power from other than a conventional power source or the ownership or operation of a facility which employs landfill gas technology does not make a corporation or person a public utility within the meaning of this section solely because of the ownership or operation of that facility.
(e) Any corporation or person engaged directly or indirectly in developing, producing, transmitting, distributing, delivering, or selling any form of heat derived from geothermal or solar resources or from cogeneration technology to any privately owned or publicly owned public utility, or to the public or any portion thereof, is not a public utility within the meaning of this section solely by reason of engaging in any of those activities. (f) The ownership or operation of a facility that sells compressed natural gas or hydrogen at retail to the public for use only as a motor vehicle fuel, and the selling of compressed natural gas or hydrogen at retail from that facility to the public for use only as a motor 1 State Definition "Public Utility" ATTACHMENT 1
4 • casetext
vehicle fuel, does not make the corporation or person a public utility within the meaning of this section solely because of that ownership, operation, or sale. (g) Ownership or operation of a facility that is an exempt wholesale generator, as defined in the Public Utility Holding Company Act of 2005 (42 U.S.C. Sec. 16451(6)) , does not make a corporation or person a public utility within the meaning of this section, solely due to the ownership or operation of that facility.
(h) The ownership, control, operation, or management of an electric plant used for direct transactions or participation directly or indirectly in direct transactions, as permitted by subdivision (b) of Section 365, sales into a market established and operated by the Independent System Operator or any other wholesale electricity market, or the use or sale as permitted under subdivisions (b) to (d), inclusive, of Section 218, shall not make a corporation or person a public utility within the meaning of this section solely because of that ownership, participation, or sale.
(i) The ownership, control, operation, or management of a facility that supplies electricity to the public only for use to charge light duty plug-in electric vehicles does not make the corporation or person a public utility within the meaning of this section solely because of that ownership, control, operation, or management. For purposes of this subdivision, "light duty plug-in electric vehicles" includes light duty battery electric and plug-in hybrid electric vehicles. This subdivision does not affect the commission's authority under Section 454 or 740.2 or any other applicable statute.

Ca. Pub. Util. Code § 216
Amended by Stats 2020 ch 370 (SB 1371),s 245, eff. 1/1/2021.

Amended by Stats 2019 ch 408 (SB 520),s 1, eff. 1/1/2020.

Amended by Stats 2015 ch 109 (AB 1008),s 1, eff. 1/1/2016.

Amended by Stats 2011 ch 480 (AB 631),s 1, eff. 1/1/2012.

Amended by Stats 2008 ch 558 (AB 3048),s 8, eff. 1/1/2009.

Amended by Stats 2001ExSess ch 2 (AB X1-6), s 1, eff. 1/18/2001. 2 Section 216 - Public utility Cal. Pub. Util. Code § 216 5 ,0 casetext
Zoning Section Public Utilities ATTACHMENT 2
Created: 2023-09-21 11:12:45 [EST]
(Supp. No. 60, Update 1)

Page 1 of 2 ends

17.28.240 Public Utilities.

A. Purpose and Intent. The purpose of this section is to ensure that public utility facilities, such as substations or reservoirs, and antennas (other than satellite antennas and antennas on City property, which are regulated elsewhere) are located and built in a manner which is compatible with adjacent uses. An additional purpose of this section is to define the review process for public utilities initiated by the City and those initiated by outside agencies. Please refer to Section 17.28.070, Antennas on City Property, and Section

17.28.080, Satellite Antennas, for regulations for other types of antennas.

B. Review Requirements.

1. City Projects. For the required review process for City-initiated public utility projects, please refer to the City's Public Works Department policy on the review of capital improvement projects.

2. Projects Initiated by Outside Agencies/Applicants.
a. Major utilities shall require the approval of a Conditional Use Permit, in accordance with Section

17.16.060, Conditional Use Permits. Major utilities shall include, but shall not be limited to, reservoirs, utility substations, including electrical distribution and transmission substations, and above-ground pump stations, such as sewage and potable water system pump stations, antennas (other than satellite antennas, antennas on City property, and small cell facilities) and similar facilities. If the installation of the antenna is stealth, as determined by the City Planner, then the process is administrative and no Conditional Use Permit is required. The standards in Subsection (C)(1), Minimum Standards for Projects Initiated by Outside Agencies, Major Utilities, shall apply to major utilities initiated by outside agencies. The City Engineer shall be responsible for determining whether a utility is major.
b. Minor utilities shall be permitted outright, subject to the concurrent review requirements found in Section 17.12.090, Consideration of Concurrent Applications. Minor utilities shall include, but shall not be limited to, below-ground pump stations, stand pipes, and transformers. The standards in Subsection (C)(2), Minimum Standards for Projects Initiated by Outside Agencies, Minor Utilities, shall apply to minor utilities initiated by outside agencies. The City Engineer shall be responsible for determining whether a utility is minor. c. Public utility distribution and transmission line towers and poles, and underground facilities for distribution of gas, water, telephone and electricity shall be allowed in all zones without obtaining a Conditional Use Permit. However, all routes and heights of proposed electric transmission systems of 69 KV and over, telephone main trunk cables, from one central office to another and water or gas transmission mains which are above ground, shall be located in conformance with the General Plan of the City.
d. Small cell facilities shall require the approval of a Wireless Permit in accordance with Section

17.16.075.

3. Modifications to Existing Antenna Facilities. The City Planner shall review and decide on requests to modify existing wireless towers or base station structures that support antennas, transceivers, or other related equipment. This includes the addition and removal of wireless transmission equipment such as the co-location of new transmission equipment, the removal of transmission equipment, or the replacement of transmission equipment. Modifications shall not substantially change the physical dimensions of the wireless tower or base station, as defined by the Federal Communications Commission. The City Planner may approve projects that meet minimum standards in Section

17.28.070(D)(5).
6 Created: 2023-09-21 11:12:45 [EST]
(Supp. No. 60, Update 1)

Page 2 of 2 ends

C. Minimum Standards for Projects initiated by Outside Agencies.

1. Major Utilities.
a. Compatibility. All buildings, structures and landscaping shall be visually compatible with surrounding development.
b. Development Standards. The standards for major utilities shall be determined through the Conditional Use Permit process.
c. Location. Please refer to the permitted and conditional use tables in Chapters 17.32, Residential Zones and Standards through 17.48, Public Zones and Standards.

2. Minor Utilities.
a. Compatibility. All minor utilities shall be placed underground or shall be screened in accordance with Section 17.24.050, Building Equipment and Services and Their Screening. b. Development Standards. Minor utilities shall comply with the standards for ground-mounted equipment in Section 17.24.050, Building Equipment and Services and Their Screening. c. Location. Please refer to the permitted and conditional use tables in Chapters 17.32, Residential Zones and Standards through 17.48, Public Zones and Standards. d. Parking. The parking requirements for a public utility use such as an electric distribution and transmission substation, public utility service yard or similar use may be waived or modified, subject to the approval of a Conditional Use Permit in accordance with Section 17.16.060, Conditional Use Permits, upon a finding that the use requires no full-time or permanent employees.

3. Modifications of Existing Wireless Towers or Base Station Structures. Refer to Section 17.28.070(D)(5) for minimum standards that apply to modifications of existing wireless towers or base station structures.

4. Small Cell Facilities.
a. Design and Development Standards. The design and development standards, which contain aesthetic and location criteria for small cell facilities shall be adopted by Resolution of the City Council.
(Ord. 1304 § 21, 2005; Ord. 1172 § 3 (part), 1996)
(Ord. No. 1594, § 3(Exh. A, § 30), 5-5-2015; Ord. No. 1690 , § 3(Exh. A), 2-18-2020) 7 Chapter 5 • Permitted Uses and Development Standards Page 5-20

3. Driving ranges and putting greens.

4. Golf maintenance facilities.

5. Restaurants ancillary to a golf course. (The sale of alcoholic beverages is subject to the approval of a Conditional Use Permit.)

6. Golf equipment, sales and rental.

7. Recreation uses and facilities such as tennis courts, racquetball courts, and health clubs.

C. Development Standards

1. Maximum Building Height - Forty (40) feet (maintenance buildings shall be a maximum of twenty (20) feet).

2. Minimum Building Setbacks:
a. From scenic highway: Thirty (30) feet for one-story buildings.

Fifty (50) feet for two-story buildings.
b. From residential uses: Fifteen (15) feet.

3. Fences, Walls, and Hedges - Pursuant to Section 17.24.090 of the Zoning Code, fences, walls, and hedges shall be no higher than six (6) feet in height in the required setback areas. Walls adjacent to scenic highways shall conform to Design Guidelines in Chapter 6. No planters, walls, or hedges in excess of thirty (30) inches high will be permitted adjacent to golf course tees, greens, and fairways.

4. Parking - Parking requirements shall be determined through the Site Plan Review process.

5. Screening - Maintenance and storage areas shall be screened to minimize visibility.

6. Elevation - Tees, greens, and fairways shall be separated from adjacent (higher) residential areas by either five (5) feet of finished grade or a combination of three (3) feet of finished grade and thirty (30) inch wall or hedge. 507 OPEN SPACE STANDARDS
A. Purpose and Applicability

1. Purpose - The purpose of this Section is to provide for the recreational use of and preservation of open space major ridgelines and prominent natural features.

Talega Specific Plan Open Space Zone Standards ATTACHMENT 3 8 Tl\LEGJ\ OF SAN CLEMENTE
ti4i9iiii4!tiH
Chapter 5 • Permitted Uses and Development Standards Page 5-21

2. Applicability - This section applies to all designated Natural Open Space Planning Areas (see Figure 2-2 and Table 2-2).

3. Standards Not Listed - Whenever a standard or regulation is not set forth in this Specific Plan, the Zoning Code shall regulate.

4. Land Uses Not Listed - In cases where it is not clear whether a proposed land use is permitted under this Section, the Planning Commission shall determine if the use is consistent with the purpose set forth hereinabove and is either permitted as a principal, conditional, accessory, or temporary use, or is not permitted.

B. Principal Uses Permitted

1. Animal grazing (excluding feed-lot operations).

2. Archaeological, paleontological, and nature study areas.

3. Fire stations.

4. Infrastructure facilities and extensions necessary to serve the open space area and adjacent development areas, such as roads, utilities, and flood-control improvements, and fuel modification.

5. Open space, undeveloped.

6. Recreation trails, pedestrian, bicycle, and equestrian.

7. Rest areas and vista points, including minor structures such as gazebos and restroom facilities.

C. Conditional Uses Permitted (if a Use Permit is approved by the City)

1. Equestrian centers provided any such facilities are located at least one hundred (100) feet from any dwelling.

2. Farming, crop and tree.

3. Parks, athletic fields, and recreation centers.

4. Public and semi-public institutional facilities, such as schools, libraries, museums, government offices, and police stations.

5. Parking facilities for community facilities and/or institutional uses.

9 Tl\LEGJ\ OF SAN CLEMENTE
ti4i9iiii4!tiH
Chapter 5 • Permitted Uses and Development Standards Page 5-22 D. Accessory Uses and Structures Permitted

1. Fences, walls, shelters, restrooms, and similar facilities needed to support a permitted use.

2. Other accessory uses and structures determined by the City to be normally incidental to a permitted principal or conditional use.

E. Development Standards
Development standards shall be established through the Site Plan Review process. 508 OPEN SPACE RESERVE LAND USE STANDARDS
The use of the open space reserve shall be consistent with the purpose and intent of the Articles of Incorporation of the Rancho Mission Viejo Land Conservancy (Talega Reserve) or its successor guardian of the reserve for ecological and conservation purposes (see Appendix C). 10 Tl\LEGJ\ OF SAN CLEMENTE
ti4i9iiii4!tiH
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 17, 2023 Agenda Item: 10C
Department: Community Development
Prepared By: Jonathan Lightfoot, City Planner
Subject:

WIRELESS COMMUNICATIONS FACILITY LOCATED AT 616 DEL DIOS Fiscal Impact:

None to receive and file this report.

Summary:

On October 3, 2023, the City Council directed staff to prepare a summary report regarding applications submitted for the modification and construction of wireless communications located at 616 Del Dios, Assessor’s Parcel Number 690-552-05. American Tower Management, the applicant and owner, submitted two Building permits to: 1) decrease the height of the tower, and 2) collocate wireless infrastructure on the tower. The Building permit to reduce the height of the tower has been issued, however, the Building permit to collocate new infrastructure is currently under review by City staff. City staff is coordinating a meeting with community members to discuss the proposed project. The meeting is anticipated to occur on October 18, 2023 during a Study Session with the Planning Commission.

Background:

An existing cell facility at the subject site is operated by American Tower Management (Applicant) and was approved under a Conditional Use Permit (CUP) in 1962 by the County of Orange (Attachment 1). Per the CUP, the wireless communications facility was approved for an approximate 28 ft. by 58 ft. building and a 70 ft. antenna tower. Per Applicant representatives, the tower component of the wireless communications facility is 137.6 ft, but is further extended to 156 ft. when the height is measured from the highest existing appurtenance affixed to the tower.

The County, Applicant, and City have not been able to locate any records authorizing the expansion in height beyond the originally permitted height of 70’ approved by the County of Orange. As a result, the City denied a collocation request in 2020, which initiated discussions between legal counsel for the Applicant and the City. The Applicant ultimately agreed to voluntarily reduce the height of the existing tower to the 70’ maximum permitted by the 1962 County of Orange CUP. A Voluntary Compliance Agreement was executed on July 6, 2023 between the Applicant and the City of San Clemente to reduce the height of the existing antenna tower to the permitted height of 70’ (Attachment 2). During the review of records that preceded the compliance agreement, legal counsel for the Applicant noted that the tower is still used today for the wireless transmission of telephone services. Additionally, the City approved a Building permit (B16-2650), for wireless equipment that was installed and the permit was finaled on August 28, 2017. Existing equipment still present on the tower is proposed to be removed and 1 Meeting Date: October 17, 2023 Agenda Item: 10C

CITY OF SAN CLEMENTE
replaced by the equipment referenced in permit B23-2265, which is currently under review and described further in the following section.

Discussion:

Due to the public interest regarding proposed work efforts at the site and City Council’s request for additional information, City staff has prepared the following summary for the two recent applications submitted for the site.

The requests by the Applicant are to: (1) decrease the height of the tower from 137' to 70' in conformance with the 1962 CUP obtained from the County of Orange, and (2) for the colocation of infrastructure on the existing tower. Proposed collocation infrastructure consists of three (3) panel antennas, three (3) sector mounts, six (6) remote radio units (RRUs), three (3) back-toback mounts, one (1) overvoltage protector (OVP), and one (1) hybrid cable. One (1) new equipment cabinet is also proposed.
 B23-1495: A building permit was issued on 08/30/2023 to reduce the height of the existing tower from 138’ to 70’ measured from the existing adjacent grade to the highest appurtenance affixed to the tower. This permit has not been finaled as work to complete this project is still underway.
 B23-2265: A “Wireless Communications Facilities” application screening form was submitted by Tower Engineering Professionals (applying on behalf of Dish Wireless) for a Dish collocation of three new Dish Wireless panel antennas that would be affixed to the existing tower. The submitted application is a required screening form submitted prior to a Building permit application to evaluate the proposed collocation, pursuant to Section 6409(a) of the Middle-Class Tax Relief and Job Creation Act of 2012 for facilities outside of the public right-of-way. The applicant submitted a third-party produced Radio Frequency (RF) Compliance Analysis that details the occupational and public exposure levels. The analysis for this site indicated that the RF and power levels will not exceed the FCC established Maximum Permissible Exposure Levels (MPE) for the General Public or Occupational environments. The report recommended the installation of notice/informational signage at the gate entrance to the facility. The screening form was evaluated and approved by the Planning Division on 9/5/2023. The applicant subsequently applied for a Building permit on 9/14/23 for the proposed collocation. This Building permit is currently under review.

The application for modification to the above referenced tower facility, based on initial review, qualifies under Section 6409 of the Spectrum Act (47 U.S.C. § 1455(a), 47 C.F.R. § 1.6100 as an eligible facility for streamlined, ministerial review because it meets the following criteria:

1. It is an existing utility tower.

2. The proposed modification:
 Does not propose a height increase of more than 10% or 20’ of the existing height,  Does not propose more than 4 new equipment cabinets,
 Complies with prior conditions of approval, and
 Does not defeat the concealment elements of the existing facility. 2 Meeting Date: October 17, 2023 Agenda Item: 10C

CITY OF SAN CLEMENTE
The timeframe (also called a “shot clock”) for review is 60 days for permits to be issued from the date the application is submitted or the application is “deemed approved” under federal law. Any concerns regarding the completeness of an application must be raised by City staff within 30 days of application submittal.

As part of this process, staff will continue to review plans for the submitted Building permit, B23- 2265, as required under federal law. Staff may require modifications to ensure compliance with the Municipal Code, if enforcing the Municipal Code requirements complies with federal law. City staff is pausing any issuance of building permits regarding the collocation request until staff has convened a meeting with interested members of the community. City Planning staff is coordinating a meeting with community members to discuss the proposed project. The meeting is anticipated to occur on October 18, 2023 during a Study Session with the Planning Commission.

It should be noted that the City lacks discretion with respect to collocation requests if it meets applicable requirements. Federal regulations severely limit a local agencies ability to regulate such facilities. The Telecommunication Act of 1996 expressly prohibits state or local regulations that have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service. This has been interpreted very broadly to extremely limit local authority.

Furthermore, under federal law, the City is expressly prohibited from regulating the placement, construction and modification of wireless service facilities on the basis of the environmental effects of radio frequency (RF) emissions, if the facilities comply with the Federal Communication Commission’s (FCC’s) regulations concerning RF emissions. The FCC guidelines incorporate maximum permitted exposure limits established by the Congressionally-chartered National Council on Radiation Protection. The United States Court of Appeals for the Second Circuit has upheld the FCC guidelines setting health and safety standards on RF emissions and prohibiting local governments from considering health effects of emissions in zoning decisions. Therefore, City decision makers cannot take comments or information concerning potential health effects or other environmental effects into consideration in determining whether to approve permits for cellular facilities.

City decision makers can, however, ensure an individual or collocated wireless communications facility (WCF) will operate within the FCC standards for public exposure. In order to ensure compliance with FCC RF emission standards, the City requires verification from the Applicant that the proposed WCF will either comply with the FCC’s guidelines for human exposure to RF emissions or will be categorially excluded from having to determine compliance with the guidelines per 47 CFR §1.1307(b)(1). Information regarding potential health effects is available from the cellular providers upon request and it is also required from the FCC. During the previous City Council meeting, the topic of health effects from the proposed WCF was a large concern of the public; however, as noted above, the City is precluded from considering such effects under federal law, if the RF emissions comply with FCC standards.

Council Options:
 Receive and file the Administrative Report.
 Continue the item and direct staff to provide additional information. 3 Meeting Date: October 17, 2023 Agenda Item: 10C

CITY OF SAN CLEMENTE
Environmental Review/Analysis:

Informational reports are not a "project" under the California Environmental Quality Act (CEQA).

Furthermore, the federal process for reviewing eligible facilities requests requires applications be subject to ministerial review only. Therefore, eligible facilities are not subject to the CEQA per § Section 21080(b)(1) of the California Public Resources Code.

Recommended Actions:

Staff Recommendation
STAFF RECOMMENDS THAT the City Council receive and file this report. ..end
Attachment:

1. County of Orange Conditional Permit (CP-1021), dated December 12, 1962

2. Voluntary Compliance Agreement, dated July 6, 2023
Notification:

Rancho San Clemente Homeowners Association and Interested Parties. 4 n• 1<J21
•DPll(A':'1" I' >I CON DI 110NAL l·l RMIT
((lfl"tft •• ,,t,.c•, ,, • I I ... ,
ro '', I.P.\: 1 t.he • ata� 11 ,h,..tnt of -1 �hr<"•�v• r•l..lt .:rt.at1on t fl c-cnn,�l S.on w1 th a pv�lie tf1ophqn4 ltM'le4 tn th, 41 r.enor�t A,:rleult�r,t :1,trict.

Sa1d station will con,t.st d »1 .:ipproxtfl"...1t◄ ie n .. by 5P ft. tuildtor. .1n:t .1 70 !t • .1nttnnn tc11er all l(:CQt&d eubstinttally fU 1ndic3t&'1 en U:a ettl('�trt Flot pl U'I.
4�ee3& �o the &1te will be ,ta an extettni ptfYata ro4d �unn1�g nc;rth�e,terly :lp�rodr,..1tol1 l a:.Ucu rrcd: the C1tr et :J:Jn Cl•Nnt1 '.leaa,-.cif' ,tt,. �.<? �tt'\.ll"t\lren will t� �ncto,eit br a � ft. ch.ain Ur.k fence wtth 1ce�•d �:U.•• ':"hcl"t: will �e no u�pl�Y••.s c;n tho& ,Frett.1,es ut•pt ror r•r1c;,1tc t\:11nten."int"'e., .;i-:-1,;1:t '
1artan�t1 fer Anter;na: froa )5 h, to a 113:sie::u� o!' 70 !'t. , . "' ,
. '. . Aiprozittltelr 2 olles r.ortha�ata�l1 f�� the &nJ of A�oni�a S3" Cl��anto water re,ervc1r} �t �n� �r a priv�t� Toi➔• 8��sh: ra�RQ l�od. noe-tt.ea4t Qf 3M Cle,�nte
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ATTACHMENT 1
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... ....

VOLUNTARY COMPLIANCE AGREEME:'lT

PARTIES
This Voluntary Compliance Agreement ("Agreement") is entered into by and between American Tower Management, LLC ("ATC") and the City of San Clemente ("City"), ATC and the City are sometimes referred to in this Agreement individually as "Party" and collectively as the "Parties". This Agreement is entered into as of July�' 2023 ("Effective Date").

RECITALS,
This Agreement is made with reference to the following:

1. A TC operates a wireless communication facility (Site No. 89366) ("Wireless Communications Facility"), located at Rancho San Clemente Trail, Rancho San Clemente, California 92672 (Al'N: 690-552-05) ("Property") that was approved under a Conditional Use Permit in 1962 by the Orange County ("County") Planning Division, which then had jurisdictio:i over the Property (" 1962 CUP"),

2. The 1962 CUP permits a wireless communications facility, consisting of "an approximate 28 ft. by 58 ft, building and a 70 ft. antenna tower", in connection with a public telephone service.
3, According to ATC, the tower component of the Wireless Communications Facility is 137.6 ft. in height, which is further extended to 156 ft. when the height is measured from the highest existing appurtenance affixed to the tower.
4, Neither the City, the County, nor ATC have been able to locate any records authorizing the expansion in height of the tower from 70 ft, to the current height. �Sl52S02911\H 1113 538. 2 6
7 5. Accordingly, because no records of any County or City approvals authorizing the expansion of the tower from 70 ft. to its current height have been located, ATC voluntarily agrees to reduce the height of the existing tower to the 70 ft. maximum identified in the 1962 CLP.

6. To the best of the City's information and knowledge, the only knmvn violation of the 1962 CUP or applicable law with respect to the Wireless Communications Facility is the tower's height.

7. The City and ATC desire to resolve this matter.

AGREEMENT
In consideration of and in return for the promises, covenants, and agreements made herein by the Parties, the sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. The above recitals are incorporated into the terms of this Agreement.

2. The height of the existing tower component of the Wireless Communications Facility will be reduced to a maximum of 70 ft., when the height is measured from the existing adjacent grade to the highest appurtenance affixed to the tower.

3. All work required to reduce the height of the tower to a maximum of70 ft. shall be performed and completed by ATC, at its sole cost and expense, within 12 months from the date that a building permit is issued by the City in accordance with Section 5, below. ATC shall submit a complete application for a building permit within two (2) months of the Effective Date.

4. ATC agrees that once the height of the tower is reduced, ATC will comply with the 1962 CUP and maintain the Wireless Communications Facility in compliance ,vith all applicable laws, including, but not limited to, the San Clemente Municipal Code and the California Building Code. This includes, but is not limited to, obtaining any necessary permits and other approvals for construction, modifications and/or uses prior to any such changes, to ensure continued compliance -2-
~S33i?i02'£JmlU!l3 538.2
with the 1962 CUP and applicable law in effect at that time. ATC shall also maintain the Wireless Communications Facility in compliance with all applicable state and federal laws and regulations, now existing or hereinafter enacted.

5. ATC agrees, prior to commencing any work to reduce the height of the tower stipulated in this Agreement, to obtain a building permit from the City for alterations to the tower.

The City agrees to process and issue the building permit with reasonable diligence and without delay.

6. The City agrees that, following the reduction in the height of the tower, the Wireless Communications Facility will be in compliance with the 1962 CUP, and specifically that (i) the 1962 CUP is vested; (ii) the 1962 CUP does not contain an expiration date; and (iii) the 1962 CCP permits the current use of the Wireless Communications Facility for wireless telecommunication purposes; and (iv) the 1962 CUP permits a 70' tower. As a result, the City shall not require a discretionary approval, including but not limited to a new CUP or renewal of the 1962 CUP, in connection with the reduction in height and ongoing operation of the Wireless Communications Facility consistent with the 1962 CUP.

7. In contemplation of, and based on ATC's agreement to reduce the tower height in compliance with this Agreement and to maintain the Wireless Communications Facility in compliance with the law as set forth in Section 4 above, the City hereby will forego any enforcement proceedings for non-compliance related to ATC's tower prior to expiration of the deadline established in Section 3 above.

8. ATC hereby releases the City, its agents, employees, attorneys, elected officials, appointed officials and representatives, from any and all actions, causes of action, losses, claims, demands, damages, costs, loss of use, loss of revenue, expenses, compensation and other form of -3-
�S35'li02'fJ!MilM13538.2
8 damages arising from or relating to any enforcement proceedings for non-compliance as of ihe expiration of the deadline established in Section 3 above (the "ATC Released Claims"). However, this release provision does not extinguish, release, or discharge any of the obligations and rights set forth and encompassed in ihis Agreement. A TC shall indemnify, defend ( with counsel acceptable to City) and hold the City its agents, employees, attorneys, elected officials, appointed officials and representatives from any and all actions, causes of action, losses, claims, demands, damages, costs, loss of use, loss of revenue, expenses, compensation and other form of damages by any third party arising from or relating to the A TC Released Claims or this Agreement, the 1962 CUP or A TC construction, operation or maintenance of the Wireless Communications Facility, including, but not limited to, any environmental review or approval in connection therewith.

9. Effective upon ATC's completion of the work on ihe tower in compliance with applicable laws and as contemplated by this Agreement, the City releases ATC, its agents, employees, attorneys, elected officials, appointed officials and representatives, from any and all known actions, causes of action, losses, claims, demands, damages, costs, loss of use, loss of revenue, expenses, compensation and other form of damages arising from or relating to any noncompliance of ATC's tower. However, this release provision does not extinguish, release, or discharge any of the obligations and rights set forth and encompassed in this Agreement.

10. ATC also hereby specifically waives the protections of California Civil Code section 1542, which provides:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, -4-
4833,?502900\H Ml3 53 8 .2
9 10
would have materially affected his or her settlement with the debtor or released party.

11. As required by law, the City hereby reserves its right to enforce future violations of law relating to the Wireless Communications Facility or those violations currently unknown, as provided by law, and seek any remedies or rights available to the City. This section is merely intended to clarify that the City is not waiving any future rights or obligations it may have under law pertaining to future occurring or currently unknown, and therefore not contemplated, violations of law that may exist.

12. Advice of Counsel. The Parties represent that they have had the opportunity, whether or not they have chosen to do so, to discuss this Agreement with legal counsel.

13. Entire Agreement. This Agreement is the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This Agreement may be amended only by an agreement in writing signed by all Parties, except that a change in contact information may be made simply by sending notice to the other party.

14. Severability. Each provision of this Agreement is separate, distinct and severable from the others. If any provision is held unenforceable, the rest of the Agreement shall be enforced to the greatest extent possible.

15. Governing Law. 1bis Agreement shall be governed and interpreted in accordance with the laws of the State of California.

16. Choice of Venue. The venue for any disputes arising out of this Agreement shall be in the County of Orange. ATC waives any rights that it may have to removal under Code of Civil Procedure section 395.
-5-
4813i?i0290ill,IJUID 53 82

17. Successors and Assigns. This Agreement and all terms, conditions and obligations contained herein are binding upon and inure to the benefit of any assigns and successors-in-interest of the Parties, and each of them. Each of the Parties represents and warrants that as of the Effective Date none of the claims or causes of action being released herein have been transferred, assigned or otherwise conveyed to any other person or entity, and each of the Parties is the holder of the claims being released.

18. Force Majeure. Neither Party shall be liable for its failure or delay to perform under this Agreement (a) caused by reason of acts of God, wars, revolution, terrorism, civil commotion, or similar unlawful acts of third parties, fire, flood or other casualty, embargo, acts of government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, business shutdowns, govermnent regulations preventing performance, epidemics or pandemics preventing performance, labor or supply shortages preventing performance, picketing or boycotts, or any other similar circumstances beyond the reasonable control and not involving any fault or negligence of such Party, and (b) provided that Party gives prompt notice to the other Party and makes all commercially reasonable efforts to perform.
[ continued on following page]
-6-
4833;?;02900iM i,13 53 8 .2
11 12
I 9. Signatures. By signing below, the Parties acknowledge that they have read, understood, and agree to all of the terms of this Agreement.

Dated: June 29, 2023 By:

Dated: June J.L_, 2023 By:

APPROVED AS TO FORM:

Dated: July 6 , 2023 By:

Dated: June ,S_, 2023 By:
-7-
~8!13~0290ll'i"lb Ml3538 .2

CITY OF SAN CLEMENTE
Andy Hall, City Man ger

AMERICAN TOWER MANAGEMENT,
LLC
4 /
Margaret R binson
--
Vice President, Legal Operations UST
American Tower Management, LLC
Elizabeth A. Mitchell
City Attorney for the City of San
Clemente
Emily L. Murr '
Counsel to A11ne-Fte:arn
LLC
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 17, 2023 Agenda Item: 13A(1)
Department: City Clerk
Prepared By Laura Campagnolo, City Clerk
Subject:

INTERVIEWS AND APPOINTMENT OF BEACHES, PARKS AND RECREATION COMMISSION,

COASTAL ADVISORY COMMITTEE AND ARTS AND CULTURE COMMITTEE MEMBERS Fiscal Impact:

None.

Summary:

The City Clerk’s Office received 11 applications to fill three vacancies on the Beaches, Parks and Recreation Commission, 4 applications to fill one vacancy on the Coastal Advisory Committee and 14 applications to fill seven positions on the Arts and Culture Committee.

Staff recommends that Council schedule two meeting dates to interview and appoint members to fill the vacancies on the Beaches, Parks and Recreation Commission, the Coastal Advisory Committee and the Arts and Culture Committee.

Following are dates for Council Consideration:

Tuesday, October 24, 2023 at 2:00 p.m.

Monday, October 30, 2023 at 4:00 p.m.

Tuesday, November 14, 2023 at 2:00 p.m.

Thursday, November 16, 2023 at 2:00 p.m.

Tuesday, November 28, 2023 at 2:00 p.m.

Thursday, November 30, 2023 at 2:00 p.m.

Council Options:
 Schedule interview dates
 Direct Staff to return with additional options
 Take no action
Environmental Review/Analysis:

This is not a “project” under CEQA.
1 Meeting Date: October 17, 2023 Agenda Item: 13A(1)

CITY OF SAN CLEMENTE
Recommended Actions:

Staff Recommendation
STAFF RECOMMENDS THAT the City Council select two dates to interview applicants for vacancies on the Beaches, Parks and Recreation Commission, Coastal Advisory Committee and Arts and Culture Committee...
recommendation
Attachment:

None.

Notification:

All applicants.
2

San Clemente City CouncilOctober 17, 2023

San Clemente City Council
October 17, 2023