San Clemente City Council
January 16, 2024

7 Participating Addendum 7-19-70-46-07

3. TERMS AND CONDITIONS/INCORPORATION OF DOCUMENTS
A. Terms and conditions listed below are hereby incorporated by reference and made a part of this Participating Addendum as if attached herein and shall apply to the purchase of goods or services made under this Participating Addendum. 1) General Provisions - Information Technology (GSPD-401 IT) effective 9/5/2014. This document can be viewed on the DGS Procurement Division website (https://www.dgs.ca.gov/PD/Resources/Page-Content/ProcurementDivision-Resources-List-Folder/Model-Contract-Language ). 2) Cloud Computing Software as a Service (SaaS) General Provisions effective 6/7/2019. This document can be viewed on the DGS Procurement Division website (https://www.dgs.ca.gov/PD/Resources/Page-Content/ProcurementDivisio n-Resou rces-L ist-Fold er/Model-Contract-Language). 3) Cloud Computing Special Provisions for Software as a Service (SaaS) effective 03/15/18. This document can be viewed on the DGS Procurement Division website (https://www.dgs.ca.gov/PD/Resources/PageContent/Procurement-Division-Resources-List-Folder/Model-ContractLanguage ).

4. ORDER OF PRECEDENCE
A. In the event of any inconsistency between the articles, attachments, or provisions which constitute this agreement, the following descending order of precedence shall apply:
1) California Participating Addendum Number 7-19-70-46-07 2) Colorado NASPO ValuePoint Master Agreement Number 140603 3) Colorado Solicitation RFP-NP-18-001 including all Addendums 4) Contractor's response to the Colorado Solicitation

5. AVAILABLE PRODUCTS AND SERVICES
A. The following product and service offerings from the Colorado NASPO ValuePoint Master Agreement Number 140603 are allowed under this Participating Addendum:
1) Group A - A3 Multifunction Devices
2) Group B - A4 Multifunction Devices
3) Group C - Production Equipment
4) Group D - Single-function Printers
5) Group F - Scanners
6) Managed Print Services may be provided on Groups A, B, C, D and F. If the ordering agency owns the equipment, Managed Print Services may be provided on Group E.

8 Participating Addendum 7-19-70-46-07

6. RESTRICTIONS/DISALLOWED PRODUCTS AND SERVICES
A. The following products or services are prohibited for purchase by state agencies under this Participating Addendum. These restrictions do not apply to local governmental entities.
1) Leasing and Rental Options
2) Products:
a) Remanufactured Equipment
b) Imaging equipment that does not meet or exceed Electronic Product Environmental Assessment Tool (EPEAT) Silver
c) Imaging equipment that is not Energy Star certified
d) Software containing "Clickwrap" Agreements
e) Not Specifically Priced (NSP) items not listed or priced in NVP Price Lists 3) Services:
a) Mail Room Services
b) Network and Data Security
c) Records Management
B. Product and service categories available on mandatory California statewide contracts cannot be purchased from this Participating Addendum by State agencies without an exemption. State agencies are responsible for obtaining an exemption from DGS prior to issuing a purchase order. This restriction is not applicable to local governments.

7. PRICING
Contractor is responsible for maintaining a current Price List of available products and services on the NASPO ValuePoint Copiers and Managed Print Services website.

8. CONTRACTOR SUPPLEMENTAL DOCUMENTS
Pursuant to the terms and conditions incorporated into this Participating Addendum, Contractor Supplemental Documents attached to the Colorado NASPO ValuePoint Master Agreement as Attachment A through Attachment D, shall be negotiated to the mutual agreement of the Contractor and ordering agency and attached to the purchase/contract document.

9. AUTHORIZED RESELLERS
A. Contractor may use State-approved Authorized Resellers under this Participating Addendum for sales and service functions as defined herein. 1) Authorized Resellers must accept purchase orders and accept payment from ordering agencies for products offered under this Participating Addendum.

9 Participating Addendum 7-19-70-46-07
2) Authorized Resellers are responsible for sending a copy of all purchase orders and invoices to the Contractor for compliance with quarterly usage reporting and administrative fee requirements.
3) All purchase documents to Authorized Resellers shall reference the Participating Addendum Number and Contractor Name.

B. Contractor shall be responsible for successful performance and compliance with all requirements in accordance with the terms and conditions under this Participating Addendum, even if work is performed by Authorized Resellers. All State policies, guidelines, and requirements shall apply to Authorized Resellers.

C. Contractor will be the sole point of contact with regard to Participating Addendum contractual matters, reporting, and administrative fee requirements.

D. Subject to the approval of the State, Authorized Resellers may be added on a quarterly basis during the term of the contract. Contractors shall notify the State of any deleted Authorized Resellers or changes to current Authorized Resellers' contact information in writing at any time during the contract term.

E. Contracto·r will be required to submit Authorized Reseller requests, in a format specified by the State, to the State Contract Administrator for approval.

F. State-:-approved Authorized Resellers will be posted on the State's Cal eProcure website.

10. SUBCONTRACTORS
A. Nothing contained in this Agreement or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve Contractor of its responsibilities and obligations hereunder. Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. Contractor's obligation to pay its subcontractors is an independent obligation from the State's obligation to make payments to the Contractor.

B. The Contractor shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted except for subcontractors listed on the Bidder Declaration, GSPD-05-105, provided to ordering agencies at the time an order is quoted.

C. As the prime contractor, Contractor is responsible for reports and fees required by the terms and conditions of the NASPO ValuePoint Master Agreement and State Participating Addendum.

10 Participating Addendum 7-19-70-46-07
D. Any subcontract in excess of $25,000, entered into as a result of this Agreement, shall contain all the provisions stipulated in this Agreement to be applicable to subcontractors.

11. ORDERING AGENCY RESPONSIBILITIES
A. State agency and local government use of this Participating Addendum is optional.

B. State agencies and local governments must follow the ordering procedures outlined within the User Instructions guide, administered by the State Contract Administrator, to execute orders against this Participating Addendum.

12. STATE AGENCY BUY RECYCLED CAMPAIGN (SABRC)
A. State agencies are required to report purchases made within eleven product categories in the California Department of Resources Recycling and Recovery's SABRC per Public Contract Code Sections 12200-12217.

B. Contractor will be required to complete and return a Recycled-Content Certification form (https://www.calrecycle.ca.gov/contracts/forms) upon request by the state agency.

13. DELIVERY
A. Delivery shall occur within 30 days after receipt of order, or as negotiated between ordering agency and contractor and included in the purchase order, or as otherwise stipulated in the NASPO ValuePoint Master Agreement.

B. F.O.B. (Free On Board) Destination

14. INVOICING AND PAYMENT
A. Payment terms for this Participating Addendum are net forty-five (45) days.

Payment will be made in accordance with IT Commodities General Provisions Paragraph 30 (Required Payment Date).

B. Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government code Section 927 et.seq. Unless expressly exempted by statute, the Act requires state agencies to pay properly submitted, undisputed invoices not more than 45 days after (i) the date of acceptance of Deliverables or performance of services; or (ii) receipt of an undisputed invoice, whichever is later.

C. Invoices shall be sent to the address identified in the ordering agency's purchase order. The State Participating Addendum Number and ordering agency Purchase Order Number shall appear on each invoice for all purchases placed under this Participating Addendum.

11 Participating Addendum 7~19-70-46-07
D. Contractor will accept the State of California credit card (CAL-Card} for payment of invoices.

15. USAGE REPORTING
A. Contractor shall submit usage reports on a quarterly basis to the State Contract Administrator for all California entity purchases using the report template attached hereto as Attachment A. The report is due even when there is no • activity.

B. The DGS Contract Administrator reserves the right to modify Attachment A and require Contractor to provide additional order information during the course-of this Agreement.

C. The report shall be an Excel spreadsheet transmitted electronically to the DG~ Cooperatives mailbox ([email protected]).

D. Any report that does not follow the required format or that excludes information will be deemed incomplete. Contractor will be responsible for submitting, corrected reports within five business days of the date of written notification from the State.

E. Tax must not be included.in the report, even if it is on the.purchase order ..

F. Reports are due for each quarter as follows:
·: --:·. . . _.·· _.· .·· •. . .-
. .- Due Date ---···.

Reporting Period .. • . ' . ' ' ' - .

January 1 to March 31 April 30
April 1 to June 30 July 31
July 1·to September 30 October 31
October 1 to December 31 January 31
G. Failure to meet reporting requirements and submit the reports on a timely basis shall constitute grounds for suspension of this contract.

H. Time extensions may be approved only if all due reports have been submitted to_- the State.

16. ADMINISTRATIVE FEE
·A. Contractor shall submit a check; payable to the State of California, remitted to the Cooperative Agreement Unit for the calculated amount equal to 1.25% of the sales for the quarterly period.

B. Contractor must include the Participating Addendum Number on the check.

Those checks submitted to the State without the Participating Addendum Number will be returned to Contractor for additional identifying information.

12 Participating Addend um 7-19-70-46-07
C. Administrative fee checks shall be submitted to:

State of California
Department of General Services, Procurement Division
Attention: Cooperative Agreement Program
707 3rd Street, 2nd Floor, MS 2-202
West Sacramento, CA 95605
D. The administrative fee shall not be included as an adjustment to Contractor's NASPO ValuePoint Master Agreement pricing.

E. The administrative fee shall not be invoiced or charged to the ordering agency.

F. Payment of the administrative fee is due irrespective of payment status on orders or service contracts from a purchasing entity.

G. Administrative fee checks are due for each quarter as follows:
·_:_=.• "_- :._ '' '. ·, -_ :··_:··-i
Reporting Period.· • . · . Due Date • . ' -- ,·· •. ''.'.. . .· '.· ·, --.

January 1 to March 31 April 30
April 1 to June 30 July 31
July 1 to September 30 October 31
October 1 to December 31 January 31
H. Failure to meet administrative fee requirements and submit fees on a timely basis shall constitute grounds for suspension of this contract.

17. CONTRACT MANAGEMENT
A. The primary Contractor Contract Manager for this Participating Addendum shall be as follows:

Contractor •• Contrac.t~ariager. .. ··; ....
•.
•i > ....... ··
Name: Laurie Williams
Phone: (714) 371-8214
Fax: (800} 445-5805
Email [email protected]
Address: Sharp Electronics Corporation
1 00 Paragon Drive
Montvale, NJ 07645

13 Participating Addendum 7-19-70-46-07
B. The State Contract Administrator for this Participating Addendum shall be as follows:
. . . '_ ,_ ' .
-C6r1tracfAdrh i'n istrator -· .• -·-
Stat~ .. _, ·-", ,· ·.: ... ,.,.,-. ~:-';•- ~c •, • . ' ' i Name: Yolanda Tutt
Phone: (916) 375-4408
Email [email protected]
Address: State of California
Department of General Services
Procurement Division
707 Third Street, 2nd Floor, MS 2-202
West Sacramento, CA 95605
C. Should the contact information for either party change, the party will provide written notice with updated information no later than ten business days after the change.

18. TERMINATION OF AGREEMENT
The State may terminate this Participating Addendum at any time upon 30 days prior written notice to the Contractor. Upon termination or other expiration of this Participating Addendum, each party will assist the other party in orderly termination of the Participating Addendum and the transfer of all assets, tangible and intangible, as may facilitate the orderly, non-disrupted business continuation of each party.

This provision shall not relieve the Contractor of the obligation to perform under any purchase order or other similar ordering document executed prior to the termination becoming effective.

19. AMENDMENT
No amendment or variation of the terms of this Participating Addendum shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in the Participating Addendum is binding on any of the parties.

20. AGREEMENT
A This Participating Addendum and the Master Agreement together with its exhibits and/or amendments, set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations or agreements, whether oral or written, with respect to the subject matter hereof.

Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Participating Addendum and the Master Agreement, together with its exhibits and/or amendments, shall not be added to or incorporated into this Participating Addendum or the Master Agreement and its exhibits and/or

14 Participating Addend um 7-19-70-46-07
amendments, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected.

The terms and conditions of this Participating Addendum and the Master Agreement and its exhibits and/or amendments shall prevail and govern in the case of any such inconsistent or additional terms.

B. By signing below Contractor agrees to offer the same products/and orservices as on the Colorado NASPO ValuePoint Master Agreement Number 140603, at prices equal to or lower than the prices on that contract.

IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of the date of execution by both parties below.

STATE OF CALIFORNIA
Department of General Services
Agency Name
l~c0,i ld-11,0 \ 1 q
Authorized Signature Date Signed
~terhat\n.e Ll\hl Mf\'\A?-- <;~rerv(~vV
Printed Name/Title of Person Signing
707 Third Street
West Sacramento, CA 95605
Address

CONTRACTOR
Sharp ElectronicsCorporation
Contractor
~
Name
i::i.[1itj1q
Authorized Signature Date Signed
Mike Marusic / President and CEO
Printed Name/Title of Person Signing
100 Paragon Drive
Montvale, NJ 07645
Address

15 Par!icipatingAddendum7-19-7Q-46-07
Attachment A
Sheet 1 of 2
Usage Report:

Contract Number:

Contractor:

Reporting Period:

Report Value:

Administrative Fee:
•• ••..•• • ..>.···· .... ' •.· • .••.. •. •,:•··.•. ·>> ;.··.. . . ·· ...... > ·· .. ·•.·.· ... ~-Manufacture\ ···•·•.·•ii .'. <s .·<·· :Qu~~tii'in i ••· ......... List .. ,•. :-- ~: .... ·.··.·.•· :ExtE!nded ••.. 1ndex_._ Ordering AgencyName .• 1 5tat/Lotl ·. P.u~~a~tif ;;rI !!~ice -· Order.Date •• ?~!g()l)'f ,Part um tier ' ··.·_ .• item Description ·• •• . • , Unit :1 .. •. .. • : Qu!i'ntit~ . Price/MS • i~:~~ct .. Cbr'l~ract • ... , ~a=I .•. I • ·. pen .· • •· _on • c •. um er.. r,oup •(O.EM#. >.· '., Measure'· •• RP m • nee. •Price.Paid <. a .09 •· <. •• ... • • Version -------------------------------------------------
16 ParticipatingAddendum7-19-7046-07
Attachment A
Sheet2 of2
Usage Report (Template Key)
Contract Number:

Contractor:

Column
Number
Column I i 7~~:;~ni1~::!r-::, :I-fiiffr:: Name
Descri'ption I State Agency or Local Identify
Government name as ordering
described on the agency asa
purchase document 11State11 or
"Local
Govemmenr
entity, as
applicable.

Format I Text Text
Example !Department of General Servlc;e$ State
Example I Department of General Services State
Example I Department of General Servic,es State
' .Service Contrar;ti,-
•• 'N~.mb~ri)::.•_::

Ordering agency's
unique purchase order
or service contract
number associated
with item(s)
purchased.

Variable Characters
2832820
2832820
2832820
ordar'oate. • ·•, 911te~o~/Groiii:,:; CPart-Number
:, > \(0!;:~i:tl{:>.

Date the category/Group for Manufacturer's
ordering each line item unique
agency placed (commodity/ service) identifier forthe
!he order. that includes Contractor line item.
respective percent
discount off MSRP.

This identifier should
match the identifier
provided in !he
Contractofs specific
Control Set
Date Variable Characters Varillble Character
4/3012013 5.2.1 ISINK34
4/3012013 5.3.1 Annual Maintenance
4/:30/2013 5.3.1 IS330AI + SP10
:,C··)~m•pe~,;riptl~ri,.,·•'· ··,-""1u1.v1·· '>q~antityC,,: -,ListPricel_MSRP VUIIUG ... 1, .... 1111,· .contract> - : Nleasurif .-·.:;:price_: ·!inc:ePa1,:1.I . , • .. : •• ,:·, ~- : ··•_. :

Information about Packaging Quantity An indeperidenlly This islhe Total Price( Price or commodity/servlce unit purchased for verifiable public price paid for QuantityX catalog purchased.Narrative descriptor each lineltem. price(MSRP) given line item Contract Unit effective date. should be des¢riptlve (i.e. each, All retumed available to the Price); HelpsDGS enough to validate bo><, dozen, items are general public. (ColumnJ>< track indeic consistency with !he case, lbs, reported as a ColumnL) pnce Changes Category/ Group ID pallet etc.). negative When providing (historical stated in Column E number. For usage reports, this frame of servlce information should reference)
contracts, reflect list prices at
identify term in time oforder.
monthS.

Variabl= Charactsr Varlable Number Currency Currency Currency Date I Variable Character Character Application Services EA 1 $55.00 $48.95 $48.95 7/19/2012 3-year Maintenance EA 1 $300 $270.00 $810.00 7/1912012
1-year Maintenance I EA I 1 I $48.00 I $24.96 $898.56 I 7/19/2012

STATE OF CALIFORNIA
PARTICIPATING ADDENDUM NUMBER 7-19-70-46-07
AMENDMENT 1
Copiers and Managed Print Services
Colorado NASPO ValuePoint Master Agreement Number 140603 Sharp Electronics Corporation (Contractor)

The parties mutually agree to amend Participating Addendum 7-19-70-46-07 as follows:

Section 2. TERM, subparagraph A is revised to read as follows:

A. The term of this Participating Addendum shall begin upon signature approval by the State and will end December 31, 2022, or upon termination by the State, whichever occurs first.

All other terms and conditions of the Participating Addendum shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Amendment as of the date of execution by both parties below.

STATE OF CALIFORNIA
Department of General Services

CONTRACTOR
Sharp Electronics Corporation
Agency Name Contractor Name
Authorized Signature Date Signed Authorized Signature Date Signed Printed Name/Title of Person Signing Printed Name/Title of Person Signing 707 Third Street
West Sacramento, CA 95605
100 Paragon Drive
Montvale, NJ 07645
Address Address
12/1/21
Mike Marusic
12/14/2021
Stephanne Lim/MAU2 Supervisor
17 ~~----=------- ~7)1/~

STATE OF CALIFORNIA
PARTICIPATING ADDENDUM NUMBER 7-19-70-46-07
AMENDMENT 2
Copiers and Managed Print Services
Colorado NASPO ValuePoint Master Agreement Number 140603 Sharp Electronics Corporation (Contractor)

The parties mutually agree to amend Participating Addendum 7-19-70-46-07 as follows:
1) Agreement is extended from December 31, 2022 to July 31, 2024. Section 2.

TERM, subparagraph A is revised to read as follows:

A. The term of this Participating Addendum shall begin upon signature approval by the State and will end July 31, 2024, or upon termination by the State, whichever occurs first.
2) Section 21. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS is hereby added to read as follows:

21. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6- 22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Participating Addendum. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least thirty (30) calendar days to provide a written response. Termination shall be at the sole discretion of the State.

All other terms and conditions of the Participating Addendum shall remain in full force and effect.
18 Participating Addendum 7-19-70-46-07
Amendment 2

IN WITNESS WHEREOF, the parties have executed this Amendment as of the date of execution by both parties below.

STATE OF CALIFORNIA
Department of General Services

CONTRACTOR
Sharp Electronics Corporation
Agency Name Contractor Name
Authorized Signature Date Signed Authorized Signature Date Signed Julie Matthews, MAU2 Supervisor
Printed Name/Title of Person Signing Printed Name/Title of Person Signing 707 Third Street
West Sacramento, CA 95605
100 Paragon Drive
Montvale, NJ 07645
Address Address
rvo
11/29/2022
19 '-IJIIC.I U'-C.IJI IVUIIIC
~7J11~ 11/2/2022
!Authorized Signai
Mike Marusic/ President & CEO
Digital Multitasking Proposal
For
By: Chris Farry
CBE OFFICE SOLUTIONS November 21, 2023
Attachment 
20 OFFICE SOLUTIONS

CBE OFFICE SOLUTIONS
4-A Mason, IRVINE, CA. 92618 • (800) 266-4223 XT.216 • Fax (949) 597-2479 Configurations:

Sharp BP-70C65 Digital Color Copy/Print/Scan System
x 65 Page Per Minute Color Digital Copier
x 55 Page Per Minute Black and White
x Duplexing Single Pass Feeder (300 Sheet), Up to 280 OPM x 10.1” Customizable Color Touch Screen - Programmable, w/ Easy Modes x 2 X 550 Sheet Paper Drawers (up to 11 x 17)
x 2,000 Sheet Letter Tray – Certain Models
x Automatic Duplex
x 100 Sheet Bypass Tray (up to 11 x 17)
x Up to 110 Lb. Cover Stock
x Network Print Controller w/ PCL6, PostScript 3, Standard Wireless Networking, Serverless Print Release, Apple AirPrint, Android Print, Google Cloud Print, MicroSoft Universal Print Native Support
x Multi-layered Security w/ Whitelisting, Integrity Check at Startup, Firmware Attack Prevention and Self Recovery, Single Sign-on, Remote Front Panel x Cloud Connect with Microsoft OneDrive for Business, SharePoint Online, Google Drive, Box and Dropbox
x Network Color Scanning w/ Built in OCR, Convert to PPTX, DOCX, XLSX, Searchable PDF
x Built-in Retractable Keyboard
x 5 GHz WiFi and WPA3 for Fast, Secure Data
x 3,000 Sheet Stapler/Finisher
x 3,000 Sheet Saddle Stitch Finisher – Certain Models
x Post Script 3 for MAC, Adobe Files
x MFP Voice, Powered by Alexa (Optional)
x High Voltage Surge Protector
Sharp BP-70C55 Digital Color Copy/Print/Scan System
x 55 Page Per Minute Color Digital Copier
x 55 Page Per Minute Black and White
x Duplexing Single Pass Feeder (300 Sheet), Up to 280 OPM x 10.1” Customizable Color Touch Screen - Programmable, w/ Easy Modes x 2 X 550 Sheet Paper Drawers (up to 11 x 17)
x 2,000 Sheet Letter Tray – Certain Models
x Automatic Duplex
x 100 Sheet Bypass Tray (up to 11 x 17)
x Up to 110 Lb. Cover Stock
21

CBE OFFICE SOLUTIONS
4-A Mason, IRVINE, CA. 92618 • (800) 266-4223 XT.216 • Fax (949) 597-2479 x Network Print Controller w/ PCL6, PostScript 3, Standard Wireless Networking, Serverless Print Release, Apple AirPrint, Android Print, Google Cloud Print, MicroSoft Universal Print Native Support
x Multi-layered Security w/ Whitelisting, Itegrity Check at Startup, Firmware Attack Prevention and Self Recovery, Single Sign-on, Remote Front Panel x Cloud Connect with Microsoft OneDrive for Business, SharePoint Online, Google Drive, Box and Dropbox
x Network Color Scanning w/ Built in OCR, Convert to PPTX, DOCX, XLSX, Searchable PDF
x Built-in Retractable Keyboard
x 5 GHz WiFi and WPA3 for Fast, Secure Data
x Fax System
x Center Exit Tray/Offset Sorting
x Internal Finisher/Stapler w/ 50 Sheet Staple, Offline Staple, Staple-less stapling – Certain Models
x 1,000 Sheet Saddle Stitch Finisher – One Model
x Post Script 3 for MAC, Adobe Files
x MFP Voice, Powered by Alexa (Optional)
x High Voltage Surge Protector
Sharp BP-70C45 Digital Color Copy/Print/Scan System (Alternative model) x 45 Page Per Minute Color Digital Copier
x 45 Page Per Minute Black and White
x Duplexing Single Pass Feeder (300 Sheet), Up to 280 OPM x 10.1” Customizable Color Touch Screen - Programmable, w/ Easy Modes x 2 X 550 Sheet Paper Drawers (up to 11 x 17)
x 2,000 Sheet Letter Tray – Certain Models
x Automatic Duplex
x 100 Sheet Bypass Tray (up to 11 x 17)
x Up to 110 Lb. Cover Stock
x Network Print Controller w/ PCL6, PostScript 3, Standard Wireless Networking, Serverless Print Release, Apple AirPrint, Android Print, Google Cloud Print, MicroSoft Universal Print Native Support
x Multi-layered Security w/ Whitelisting, Itegrity Check at Startup, Firmware Attack Prevention and Self Recovery, Single Sign-on, Remote Front Panel x Cloud Connect with Microsoft OneDrive for Business, SharePoint Online, Google Drive, Box and Dropbox
x Network Color Scanning w/ Built in OCR, Convert to PPTX, DOCX, XLSX, Searchable PDF
x Built-in Retractable Keyboard
x 5 GHz WiFi and WPA3 for Fast, Secure Data
x Fax System
22

CBE OFFICE SOLUTIONS
4-A Mason, IRVINE, CA. 92618 • (800) 266-4223 XT.216 • Fax (949) 597-2479 x 3,000 Sheet Stapler/Finisher – Certain Models
x 3,000 Sheet Saddle Stitch Finisher – Certain Models
x Internal Finisher/Stapler w/ 50 Sheet Staple, Offline Staple, Staple-less stapling – Certain Models
x Post Script 3 for MAC, Adobe Files
x MFP Voice, Powered by Alexa (Optional)
x High Voltage Surge Protector
Sharp BP-70C35 Digital Color Copy/Print/Scan System (Alternative model) x 35 Page Per Minute Color Digital Copier
x 35 Page Per Minute Black and White
x Duplexing Single Pass Feeder (300 Sheet), Up to 280 OPM x 10.1” Customizable Color Touch Screen - Programmable, w/ Easy Modes x 2 X 550 Sheet Paper Drawers (up to 11 x 17)
x 2,000 Sheet Letter Tray – Certain Models
x Automatic Duplex
x 100 Sheet Bypass Tray (up to 11 x 17)
x Up to 110 Lb. Cover Stock
x Network Print Controller w/ PCL6, PostScript 3, Standard Wireless Networking, Serverless Print Release, Apple AirPrint, Android Print, Google Cloud Print, MicroSoft Universal Print Native Support
x Multi-layered Security w/ Whitelisting, Itegrity Check at Startup, Firmware Attack Prevention and Self Recovery, Single Sign-on, Remote Front Panel x Cloud Connect with Microsoft OneDrive for Business, SharePoint Online, Google Drive, Box and Dropbox
x Network Color Scanning w/ Built in OCR, Convert to PPTX, DOCX, XLSX, Searchable PDF
x Built-in Retractable Keyboard
x 5 GHz WiFi and WPA3 for Fast, Secure Data
x Fax System
x 3,000 Sheet Stapler/Finisher – Certain Models
x 3,000 Sheet Saddle Stitch Finisher – Certain Models
x Internal Finisher/Stapler w/ 50 Sheet Staple, Offline Staple, Staple-less stapling – Certain Models
x Post Script 3 for MAC, Adobe Files
x MFP Voice, Powered by Alexa (Optional)
x High Voltage Surge Protector
Sharp BP 70M55 Digital Imager (Alternative model)
x 55 Page Per Minute Black and White
x Duplexing Single Pass Feeder (300 Sheet), Up to 280 OPM 23

CBE OFFICE SOLUTIONS
4-A Mason, IRVINE, CA. 92618 • (800) 266-4223 XT.216 • Fax (949) 597-2479 x 10.1” Customizable Color Touch Screen
x 2 X 550 Sheet Paper Drawers (up to 11 x 17)
x 2,000 Sheet Letter Tray
x Automatic Duplex
x 100 Sheet Bypass Tray (up to 11 x 17)
x Up to 110 Lb. Cover Stock
x Network Print Controller w/ PCL6
x Network Color Scanning w/ Built in OCR, Convert to PPTX, DOCX, XLSX, Searchable PDF, Multi-feed Scan Detection, Auto Skew Correction x Network Print Controller w/ PCL6, PostScript 3, Standard Wireless Networking, Serverless Print Release, Apple AirPrint, Android Print, Google Cloud Print x Multi-layered Security w/ Whitelisting, Firmware Attack Prevention and Self Recovery, Single Sign-on, Remote Front Panel, BIOS Check at Startup, and more x Cloud Connect with Microsoft OneDrive for Business, SharePoint Online, Google Drive, Box, Microsoft Teams and Dropbox
x Built-in Retractable Keyboard
x 3,000 Sheet Stacking Finisher (65 Sheet Staple), Offline Stapling, Staple-less binding, Multi-position Staple, Offset Sorting
x Paper Pass Unit
x PostScript 3 for MAC, Adobe Files
x Optional MFP Voice, Powered by Amazon Alexa
x High Voltage Surge Protector
Sharp BP 70M45 Digital Imager
x 45 Page Per Minute Black and White
x Duplexing Single Pass Feeder (300 Sheet), Up to 280 OPM x 10.1” Customizable Color Touch Screen
x 2 X 550 Sheet Paper Drawers (up to 11 x 17)
x Cabinet Stand
x Automatic Duplex
x 100 Sheet Bypass Tray (up to 11 x 17)
x Up to 110 Lb. Cover Stock
x Network Print Controller w/ PCL6
x Network Color Scanning w/ Built in OCR, Convert to PPTX, DOCX, XLSX, Searchable PDF, Multi-feed Scan Detection, Auto Skew Correction x Network Print Controller w/ PCL6, PostScript 3, Standard Wireless Networking, Serverless Print Release, Apple AirPrint, Android Print, Google Cloud Print x Multi-layered Security w/ Whitelisting, Firmware Attack Prevention and Self Recovery, Single Sign-on, Remote Front Panel, BIOS Check at Startup, and more x Cloud Connect with Microsoft OneDrive for Business, SharePoint Online, Google Drive, Box, Microsoft Teams and Dropbox
24

CBE OFFICE SOLUTIONS
4-A Mason, IRVINE, CA. 92618 • (800) 266-4223 XT.216 • Fax (949) 597-2479 x Built-in Retractable Keyboard
x Fax System
x PostScript 3 for MAC, Adobe Files
x Optional MFP Voice, Powered by Amazon Alexa
x High Voltage Surge Protector
Sharp BP 70M35 Digital Imager (Alternative model)
x 35 Page Per Minute Black and White
x Duplexing Single Pass Feeder (300 Sheet), Up to 280 OPM x 10.1” Customizable Color Touch Screen
x 2 X 550 Sheet Paper Drawers (up to 11 x 17)
x Cabinet Stand
x Automatic Duplex
x 100 Sheet Bypass Tray (up to 11 x 17)
x Up to 110 Lb. Cover Stock
x Network Print Controller w/ PCL6
x Network Color Scanning w/ Built in OCR, Convert to PPTX, DOCX, XLSX, Searchable PDF, Multi-feed Scan Detection, Auto Skew Correction x Network Print Controller w/ PCL6, PostScript 3, Standard Wireless Networking, Serverless Print Release, Apple AirPrint, Android Print, Google Cloud Print x Multi-layered Security w/ Whitelisting, Firmware Attack Prevention and Self Recovery, Single Sign-on, Remote Front Panel, BIOS Check at Startup, and more x Cloud Connect with Microsoft OneDrive for Business, SharePoint Online, Google Drive, Box, Microsoft Teams and Dropbox
x Built-in Retractable Keyboard
x Fax System
x PostScript 3 for MAC, Adobe Files
x Optional MFP Voice, Powered by Amazon Alexa
x High Voltage Surge Protector
25

CBE OFFICE SOLUTIONS
4-A Mason, IRVINE, CA. 92618 • (800) 266-4223 XT.216 • Fax (949) 597-2479 Proposed Solutions:

Equivalent New Versions:

New Sharp BP-70C65 color copy/print/scan systems (5), New Sharp BP70C55 color copy/print/scan systems (10), Sharp BP-70M45 copy/print/scan systems (2):
-Specs and Configuration listed above.

Lease Plan: $3,011.61 per month, 60 payments. Sales Tax Included in payment.

Includes ALL Service and ALL Supplies (excluding paper & staples). Prints billed at $.0049 for black and white and $.049 for color.

Rates guaranteed for entire term.

Free unlimited scanning.

Free delivery, set-up, networking and training.

Current Sharp machines will be removed and disposed of, as part of the new plan.

Above equipment will be set up with the same accessories as the current Sharp models.

NASPO Contract Pricing. Public Finance Lease.

Pricing Guaranteed thru December 27th, 2023.

Alternative Recommended New Versions:

New Sharp BP-70C65 color copy/print/scan systems (1), New Sharp BP70C55 color copy/print/scan systems (3), New Sharp BP-70C45 color copy/print/scan systems (6), New Sharp BP-70C35 color copy/print/scan systems (5), Sharp BP-70M35 copy/print/scan systems (2), Sharp BP70M55 copy/print/scan system (1):
-Specs and Configuration listed above.

Lease Plan: $2,789.39 per month, 60 payments. Sales Tax Included in payment.

Includes ALL Service and ALL Supplies (excluding paper & staples). Prints billed at $.0049 for black and white and $.049 for color.

Rates guaranteed for entire term.

Free unlimited scanning.
26

CBE OFFICE SOLUTIONS
4-A Mason, IRVINE, CA. 92618 • (800) 266-4223 XT.216 • Fax (949) 597-2479 Free delivery, set-up, networking and training.

Current Sharp machines will be removed and disposed of, as part of the new plan.

Above equipment will be set up with the same accessories as the current Sharp models.

NASPO Contract Pricing. Public Finance Lease.

Pricing Guaranteed thru December 27th, 2023.

New Animal Shelter Equivalent New Model:

Sharp BP-70M45 copy/print/scan system
Lease Plan: $89.23 per month, 60 payments. Sales Tax Included in payment.

Includes ALL Service and ALL Supplies (excluding paper & staples). Prints billed at $.0049 for black and white.

Rates guaranteed for entire term.

Free unlimited scanning.

Free delivery, set-up, networking and training.

Current Sharp machines will be removed and disposed of, as part of the new plan.

Above equipment will be set up with the same accessories as the current Sharp models.

New Animal Shelter Equivalent Model:

Sharp BP-70M36 copy/print/scan system
Lease Plan: $86.63 per month, 60 payments. Sales Tax Included in payment.

Includes ALL Service and ALL Supplies (excluding paper & staples). Prints billed at $.0049 for black and white and $.049 for color.

Rates guaranteed for entire term.

Free unlimited scanning.

Free delivery, set-up, networking and training.

Current Sharp machines will be removed and disposed of, as part of the new plan. 27

CBE OFFICE SOLUTIONS
4-A Mason, IRVINE, CA. 92618 • (800) 266-4223 XT.216 • Fax (949) 597-2479 Above equipment will be set up with the same accessories as the current Sharp models.

See Spreadsheet below for print volumes per machine and department with recommendations.

Excludes extra cabling, if necessary.

Zero Down on new sixty month plan Public Finance Lease.

Customer will own the equipment after making all 60 payments.

28 City of San Clemente - Current Sharp Copier/MFP Fleet, New Fleet Recommendations Model Serial Number Department BW Prints/Month Color Prints/Month Equivalent New Version Recommended VersionMX-5070N 65099258 Finance 12544 1097 BP-70C55 BP-70C55MX-5070N 65099268 HR 1307 3103 BP-70C55 BP-70C45MX-M654N 65003318 City Hall 10398 BP-70C65 BP-70C55MX-6070N 65000878 City Clerk 4166 13843 BP-70C65 BP-70C65MX-6070N 65104838 Code Enforcement 858 2581 BP-70C65 BP-70C35MX-6070N 65105638 Mailroom 1934 2974 BP-70C65 BP-70C45MX-6070N 65108548 1st Floor 3328 7390 BP-70C65 BP-70C55MX-5070N 65099298 Engineering 3748 4539 BP-70C55 BP-70C45MX-M465N 65013368 910 Calle Negocio 2144 BP-70M45 BP-70M35MX-5070N 65099448 Engineering 134 267 BP-70C55 BP-70C35MX-5070N 65099458 Sports Park 2937 2400 BP-70C55 BP-70C45MX-5070N 65100368 Marine Safety 731 655 BP-70C55 BP-70C35MX-5070N 65100908 Utilities-Water 2142 3310 BP-70C55 BP-70C45MX-M465N 65013378 Sewage Treatment 1586 BP-70M45 BP-70M35MX-5070N 65101478 PW Maintenance 1267 1559 BP-70C55 BP-70C35MX-5070N 65099958 HR 275 916 BP-70C55 BP-70C35MX-5070N 65100938 Community Center 4237 3283 BP-70C55 BP-70C45New Lease Pay ment: $3,011.61 2,789.39MX-M465N 65012148 Animal Shelter 3395 BP-70M45 BP-70M36New Lease Pay ment $89.23 $86.63Sales Tax Included in Payments. 29 910 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: January 16, 2024 Agenda Item: 7I
Department: Public Works
Prepared By: Amir K. Ilkhanipour, P.E., Principal Civil Engineer Subject:
..titl e

CONSIDERATION OF A RESOLUTION FOR THE CONSTRUCTION AND REHABILITATION

OF BEACH TRAIL FENCING, AN APPROPRIATION OF FUNDING IN THE AMOUNT OF $250,000 TO CONTINUE PEDESTRIAN AUDIBLE WARNING SYSTEM, AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER CLASS 1 ..body
Fiscal Impact:

An appropriation of funds in the amount of $250,000 to Account Number 001-631-45700 would be required for the procurement of materials ($120,000), labor ($50,000) and permitting and railroad flagmen costs ($80,000) for the proposed project to rehabilitate the Beach Trail Fencing (Attachment 1).

Summary:

Currently, the City has a waiver from the Federal Railroad Administration (FRA) to use a Pedestrian Audible Warning System (PAWS) instead of a locomotive horn at seven (7) locations in the City, which is going to expire on April 2, 2024. In order to get a renewed waiver, potential public safety concerns at the Beach Trail need to be addressed in compliance with federal regulations.

Before the Council is a resolution (Attachment 3) for an appropriation of funds for the construction and rehabilitation of the Beach Trail Fencing in the amount of $250,000 for material procurement, permitting and associated labor costs.

Background:

In 2021, the City was awarded a waiver by the FRA to allow the use of the currently employed “PAWS” (Pedestrian Audible Warning System) instead of a locomotive horn at seven pedestrian and private grade crossings. The requirements of this waiver (Attachment 2-Docket Number FRA2020-0038) are as follows:

1. All warning system pedestrian treatments including signage, striping, and emergency exit swing gates must be maintained in compliance with all applicable parts of 49 CFR, California Public Utilities Commission General Orders, and California Manual on Uniform Traffic Control Devices.

2. All fencing must be maintained and effective.
1 Meeting Date: January 16, 2024 Agenda Item: 7I

CITY OF SAN CLEMENTE

3. Not less than annually, the City and Metrolink must conduct a joint periodic test to verify that all the requirements of 49 CFR Part 222, Appendix E, paragraph 2 are being met. (“Horn system must be equipped with an indicator or other system to notify the locomotive engineer as to whether the wayside horn is operating as intended in sufficient time to enable the locomotive engineer to sound the locomotive horn for at least 15 seconds prior to arrival at the crossing in the event the wayside horn is not operating as intended.”) This waiver is set to expire on April 2, 2024. The City is currently in the process of renewing this waiver with the FRA. However, upon routine inspection conducted by the local FRA representative, it was determined that the City’s fencing is no longer in compliance with federal regulations due to fence height issues and resulting potential public safety concerns. The primary cause of this change is due to excess sediment movement from the nearby bluffs along the trail and general weathering over the lifetime of the beach trail and fencing. If improvements are not made to bring the area back into compliance, the City runs the risk of not having the waiver reissued or losing it before or after reissuance. Without a current waiver from the FRA, the locomotives traveling through the aforementioned pedestrian and private grade crossings would begin to sound their horns to warn pedestrians rather than relying on the currently employed PAWS.

After discussion with the FRA, staff believes that it is in the City’s best interest to fix this issue immediately and prior to the expiration of the current waiver instead of pushing this task to the coming fiscal year because non-compliance with the fencing regulations runs the risk of denial of the City’s pending waiver renewal application. In order to comply with federal requirement #2, the fencing must be returned to a minimum of 55” height. The proposed project would provide for the purchase of new caps, cabling and other necessary items to raise the non-compliant fence posts to the appropriate height and associated labor costs. There are also significant permitting costs associated with the project.

The City has approximately 7,600 linear feet of fencing that needs its elevation to be addressed across the span of the Beach Trail as shown on the attached location map (Attachment 1). The fencing elevation varies and oscillates between being in and out of compliance with the existing waiver. Staff has researched options to rectify the problem and has identified a solution where the City would procure materials and enter a construction contract with an appropriate contractor for the labor (following the appropriate procurement process) required for the expeditious installation of all necessary fencing extensions. Due to the time sensitive nature of this project, direct purchase of materials will allow for the City to complete the required work prior to the expiration of the existing waiver.

Council Options:
 Adopt Resolution No. 24-05 (Attachment 3), which would approve the appropriation of $250,000 in funds to conduct the Beach fencing rehabilitation, authorize the purchase of materials and solicitation of bids for labor, and find the project categorically exempt from California Environmental Quality Act (CEQA).
 Adopt Resolution No. 24-05 with modifications.
 Continue the item with direction to provide additional information. 2 Meeting Date: January 16, 2024 Agenda Item: 7I

CITY OF SAN CLEMENTE
 Do not adopt Resolution No. 24-05, allow the FRA waiver to expire and return to the use of locomotive horns.

Environmental Review/Analysis
This project is categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines section 15301 because it consists of the repair and maintenance of the existing Beach Trail fencing.

Recommended Actions:

Staff recommends that the City Council adopt Resolution No. 24-05, which would:

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

2. Appropriate funds in the amount of $250,000 to Account Number 001-631-45700 for the procurement of materials and labor for the rehabilitation of the Beach Trail fencing together with associated permitting costs;

3. Authorize the City Manager, or his designee, to purchase all required materials for the project up to $120,000 following applicable procurement policy and procedure; and

4. Direct staff to procure a contract for the associated labor for the project following applicable procurement policy and procedure.
..recommendation
..end
Attachment:

1. Location Map

2. FRA Waiver Letter for San Clemente PAWS April 2021

3. Resolution No. 24-05
Notification:

None.
3 Min: 46"
Max: 52"
Min: 33"
Max:
49"
Min: 38"
Max: 51"
Min: 42"
Max: 48"
Min: 73"
Max: 78"
Min: 48"
Max: 57"
Min: 32"
Max: 56"
Min: 44"
Max: 52"
Min: 73"
Max: 78"
FRA Fencing
Compliance Condition
High
Mild
No Violation
Attachment 1
4 VIA E-MAIL ONLY
April 2, 2021
Mr. Tom Bonigut
Public Works Director/City Engineer
City of San Clemente, California
[email protected]
Re: Docket Number FRA-2020-0038
Dear Mr. Bonigut:

This letter is in response to the December 11, 2020, request from the City of San Clemente, California (the City) and the Southern California Regional Rail Authority (Metrolink) to the Federal Railroad Administration (FRA) for a waiver of compliance from certain provisions of the Federal railroad safety regulations contained in Title 49 Code of Federal Regulations (CFR) Part 222, Use of Locomotive Horns at Public Highway-Rail Grade Crossings, relating to use of a Pedestrian Audible Warning System (PAWS). FRA assigned the request Docket Number FRA-2020-0038.

Specifically, the City requested a waiver from 49 CFR § 222.59(a)(1) (When may a wayside horn be used?), to allow the use of a PAWS (similar to a wayside horn) instead of a locomotive horn at seven pedestrian and private grade crossings. The City also sought relief from certain provisions found in Appendix E to 49 CFR Part 222, Paragraphs 4 and 6, to allow a minimum sound level of 80 dB(A).

The seven crossings that are the subject of the City’s waiver request are:
• Dije Court – US DOT Number 922847D – MP 203.95 – pedestrian – 3 PAWS • El Portal – US DOT Number 922848K – MP 204.04 – pedestrian – 2 PAWS • Corto Lane – US DOT Number 026977D – MP 204.56 – pedestrian – 3 PAWS • Pier Service Road – US DOT Number 026997P – MP 204.73 – private – 4 PAWS • T Street – US DOT Number 922849S – MP 205.16 – pedestrian – 3 PAWS • Lost Winds – US DOT Number 922850L – MP 205.56 – pedestrian – 2 PAWS • Calafia – US DOT Number 026637S – MP 206.00 – pedestrian – 2 PAWS As the City noted in its December 11, 2020, letter, by a letter dated April 14, 2015, in Docket FRA-2014-0081, FRA had previously granted the City this same relief for a period of five years (See Document Number FRA-2014-0081-0009), which expired on April 14, 2020. By a letter dated April 27, 2020, the City again requested this relief, but FRA denied the request by letter Attachment 2
5 U.S. Department
of Transportation
Federal Railroad
Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
2 dated November 24, 2020, citing the petition’s lack of joint filing with Metrolink as required by 49 CFR § 222.15(a), various instances of noncompliance revealed during inspections of the grade crossings, and evidence of well-worn footpaths along and across the right-of-way, indicating that trespassing on and along the tracks was prevalent.

As the 2015 relief was no longer in effect, the operating railroads were required to again sound their horns at the above-identified crossings. FRA requested that if the City planned to submit another waiver petition, it must be filed jointly with Metrolink, that it include a communication plan with the operating railroads, and that it include a maintenance plan that shows how the City will maintain all of the required portions of the system. In response to Petitioners’ subsequent December 11, 2020, waiver request, FRA’s grade crossing inspectors conducted a formal field investigation and verified that the City and Metrolink had taken action to address the issues previously identified by FRA and found that generally, the City and Metrolink were complying with the conditions specified by FRA in its April 14, 2015, letter. Each unit of the PAWS was independently tested and the dB(A) levels were verified to meet the 80-110 dB(A) requirement.

More than 50 citizens of the City have submitted comments to the docket in support of the PAWS system being reinstated and locomotive horn sounding to cease. All but one commenter1 complained of excessive train noise from locomotive horns and encouraged FRA to approve the waiver. FRA understands and appreciates the commenters’ point that train horn noise can adversely impact the surrounding community. FRA notes, however, that providing audible warnings of approaching trains is often necessary to ensure the safety of the traveling public, and in locations such as that at issue in the City, the safety of pedestrians in the surrounding community.

FRA notes that grade crossing and trespassing issues account for 95% of total railroad-related deaths in the United States each year. FRA’s April 2020 investigation of the City’s previous waiver request identified evidence of trespassing on Metrolink’s tracks in the vicinity of the crossings at issue and along the San Clemente Pedestrian Trail. Accordingly, FRA reminds the City and Metrolink of the need to continue to take actions to prevent trespassing on railroad property. FRA also notes that its System Safety Program (SSP) regulation (49 CFR Part 270) requires passenger rail operations to establish an SSP that systematically evaluates railroad safety hazards and the resulting risks on their systems. Although individual passenger rail operations have the flexibility to tailor an SSP to its specific operations, given the existence of pedestrian traffic in close proximity to Metrolink’s right-of-way through the City, FRA expects Metrolink to address the issue of trespassing through its SSP.

FRA’s Railroad Safety Board (Board) reviewed the petition, public comments received, the results of FRA’s field investigation, and the technical staff findings. The Board determined that granting the City and Metrolink’s joint request is in the public interest and consistent with railroad safety. Accordingly, the Board is granting the requested relief to allow use of the PAWS system at the seven pedestrian and private crossings identified in Petitioners’ December 11, 2020, letter, subject to the following conditions:

1 One citizen stated that the train horns were a better option because the PAWS “does not work,” but did not expand on that statement. See https://www.regulations.gov/comment/FRA-2020-0038-0012. 6 3

1. All warning system pedestrian treatments including signage, striping, and emergency exit swing gates must be maintained in compliance with all applicable parts of 49 CFR, California Public Utilities Commission General Orders, and California Manual on Uniform Traffic Control Devices.

2. All fencing must be maintained and effective.

3. Not less than annually, the City and Metrolink must conduct a joint periodic test to verify that the requirements of 49 CFR Part 222, Appendix E, paragraph 2 are being met. (“Horn system must be equipped with an indicator or other system to notify the locomotive engineer as to whether the wayside horn is operating as intended in sufficient time to enable the locomotive engineer to sound the locomotive horn for at least 15 seconds prior to arrival at the crossing in the event the wayside horn is not operating as intended.”)
This waiver expires 3 years from the date of this letter. At the conclusion of this period, FRA reserves the right to extend the waiver if conditions warrant, and if the City and Metrolink have submitted a joint request for an extension at least 6 months prior to the expiration date. Any request for extension must comply with the requirements of 49 CFR § 211.7, Filing requirements, § 211.9, Content of rulemaking and waiver petitions, and must also be submitted via email to [email protected].

FRA reserves the right to modify or rescind this waiver upon receipt of information pertaining to the safety of railroad operations or in the event of noncompliance with any condition of this waiver. Further, FRA reserves the right to take enforcement action under 49 U.S.C. § 20111 for noncompliance with any condition of this letter or applicable Federal regulations.

In any future correspondence regarding this letter, please refer to Docket Number FRA-2020- 0038. If you have any questions, please contact James Payne, Staff Director, Grade Crossing and Trespasser Outreach, at 202-493-6005 or [email protected].

Sincerely,
Karl Alexy
Associate Administrator for Railroad Safety
Chief Safety Officer
7 ATTACHMENT 3
4882-9904-3949 v1
RESOLUTION NO. 24-05

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROPRIATING
FUNDING IN THE AMOUNT OF $250,000 FOR THE

CONSTRUCTION AND REHABILITATION OF THE BEACH

TRAIL FENCING AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) UNDER
SECTION 15302 OF THE STATE CEQA GUIDELINES
(CLASS 1: EXISTING FACILITIES)
WHEREAS, on April 2, 2021, the City of San Clemente was awarded a waiver (Waiver) by the Federal Railroad Administration (FRA) to allow the use of the currently employed Pedestrian Audible Warning System (PAWS) instead of a locomotive horn at seven (7) pedestrian and private grade crossings in the City; and WHEREAS, the Waiver requires compliance with federal regulations, including maintenance of the fencing alongside of the railroad to be at a certain height; and WHEREAS, the Waiver is set to expire on April 2, 2024, and City is currently in the process of renewing the Waiver with the FRA; and
WHEREAS, as part of the renewal, a routine inspection by a local FRA representative determined that the City’s fencing is no longer in compliance with federal regulations due to fence height issues primarily caused by excess sediment movement and the City has approximately 7,600 linear feet of fencing that needs its height to be addressed across the span of the Beach Trail to remain eligible for a Waiver; and WHEREAS, due to the time sensitive nature of the project, direct purchase of materials will allow for the City to complete the required work prior to the expiration of the existing wavier.

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

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

SECTION 2. That based on the record as a whole, the project is categorically exempt from California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines section 15301 because it consists of the repair and maintenance of the existing Beach Trail fencing and will not cause any direct or foreseeable indirect substantial effect on the environment.

SECTION 3. That $250,000 is hereby appropriated to Account No. 001-631- 45700 for the procurement of materials and labor for the rehabilitation of the Beach Trail fencing.
8 Resolution No. 24-05 Page 2
4882-9904-3949 v1
SECTION 4. That the City Manager or his designee is authorized and directed to purchase all required materials for the project up to $120,000 following applicable procurement policy and procedure.

SECTION 5. That staff is authorized and directed to procure a contract for the associated labor for the project following applicable procurement policy and procedure.

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

PASSED AND ADOPTED this _____ day of ____________________, 2024.

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

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-05 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, 2024, 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
9 Meeting Date: January 16, 2024
Department: Public Works

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
Prepared By: Fatana Ternary, Management Analyst
Zak Ponsen, Assistant City Engineer
Subject:
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Agenda Item: 7J

CONSIDERATION OF A RESOLUTION APPROVING A PROJECT V GRANT SUBMITTAL TO

THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR THE CONTINUATION OF

TROLLEY SERVICES AND SC RIDES
Fiscal Impact:

This grant program requires a minimum local funding match for all components of the grant consisting of capital costs and ongoing operations and maintenance (O&M) costs. Per Orange County Transportation Authority (OCTA) guidelines, a 10% local funding match for trolley operations and 50% local funding match for on-demand ride services is required.

The actual cost to the City will not be known until the grant amount is awarded by OCTA. The City's costs are expected to vary each year (please refer to Attachment 1 for the maximum annual funding allocation). The City's 10% maximum amount of matching cost for the new trolley operations would range from $59,200-$70,500 per year. The City's 50% maximum amount of matching cost for the new on-demand ride service (SC Rides) would range from $148,000- $176,250 per year, assuming the full grant fund amounts are utilized. It should be noted that past on-demand operation cost has varied greatly from year to year due to the program's success and the limited operations during the Covid period. Depending on the amount of new Project V funds that the City receives, the City may need to carry more than the 10% and 50% matching amounts. Staff is proposing to return to City Council after the grants are awarded in the Spring 2024 so that the future trolley and on-demand programs can be fully analyzed at a time when the costs are more foreseeable.

Summary:

OCTA has opened another round of applications for grant funding under its 2024 Project V Community-Based TransiUCirculators Program. This program establishes a competitive process for local jurisdictions to develop community-based local transit services that complement regional transit services and meet needs in areas not adequately serviced by regional transit.

For the trolley, the City is currently receiving funds from the 2020 Project V grant to support the original downtown trolley route (which started in 2017) and the northern route (which started in Summer 2019), in addition to the City's SC Rides program (which provides on-demand rides through Lyft and Butterfli). Before the City Council is a resolution approving the submission of another Project V grant application as discussed below.

CITY OF SAN CLEMENTE
1 Meeting Date: January 16, 2024 Agenda Item: 7J
Background:

The City Council received an update on the San Clemente Trolley Program at its May 16, 2023 meeting (report provided in Attachment 2). During that update, staff noted that the upcoming 2024 Project V grant application solicitation and that this solicitation includes an objective to continue funding previously awarded successful projects that are expiring. Since the City's current Project V grant for trolley services will expire, staff recommends City Council approval of a resolution (Attachment 3) to submit a 2024 Project V application that would continue the City's successful trolley services and SC Rides Program. Subject to OCTA approval, staff is also proposing to include additional trolley vehicle purchases and new trolley routes (such as the Green and Yellow Line) as discussed at the May 16, 2023 meeting. Once OCTA determines the amount of grant funding available to the City in Spring 2024, staff will return to the City Council for a detailed analysis of program options.

Staff is prepared to submit a grant application for the continuation of trolley services, SC Rides and additional trolley route services ( subject to OCTA approval). Per the grant requirements, the City Council must adopt a resolution in order to proceed, which is provided in Attachment 3 for City Council consideration.

Council Options:
• Authorize the submittal of Project V grant application to OCTA and adopt Resolution No. 24- 06 (Attachment 3).
• Modify and adopt Resolution No. 24-06.
• Continue the item and direct staff to provide additional information. Note that continuing the item could result in missing the grant application submission deadline, which is January 25, 2024.
• Do not adopt Resolution No. 24-06 and forgo grant opportunities.

Environmental Review/Analysis
The proposed action to submit the grant application is not a "project" pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15378. (14 CCR§ 15378.) Appropriate CEQA determinations will be made if the application is approved.

Recommended Actions:

Staff recommends that the City Council adopt Resolution No. 24-06 entitled "A RESOLUTION OF

THE CITY OF SAN CLEMENTE CITY COUNCIL APPROVING THE SUBMITTAL OF THE SAN

CLEMENTE TROLLEY SERVICES AND SC RIDES APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE PROJECT V COMMUNITYBASED TRANSIT/CIRCULATORS PROGRAM".

Attachments:

1. OCTA Project V Fact Sheet

2. May 16, 2023 Staff Report

3. Resolution No. 24-06
CITY OF SAN CLEMENTE 2
Meeting Date: January 16, 2024 Agenda Item: 7J
Notification:

None.

CITY OF SAN CLEMENTE
3 Attachment 1
Fact Sheet: Project V Community-Based Transit/Circulators Program 2024 Call for Projects
Call for Projects (Call) Scope
The Measure M2 Project V Community-Based TransiUCirculators Program is a competitive program that provides funding to local agencies to establish local transit services, which complement regional bus and rail services in areas not adequately served by regional transit and that do not duplicate or compete with existing transit services.

General Program Objectives
• To provide community transit service that is safe, clean, and convenient. • To encourage new, well-coordinated, flexible transportation systems customized to each community's needs.
• To develop financially sustainable local transit services that complement regional bus and rail service.
• To meet transportation needs in areas not served by regional transit with reliable and viable transit services.
2024 Call Objectives (in priority order)

1. To continue funding existing projects that are expiring.

2. To support expansion of existing projects* services.

3. To support new Traditional Project V services.

4. To allow for on-demand services that provide shared ride options. *Existing Projects are defined as previously funded ongoing Project V services, which may expire and at minimum, meet the cost per boarding requirement.

Eligible Service Categories
The service types currently eligible generally fall into two service categories.

Traditional Project V Services:
• Fixed route
• Deviated fixed route
• Circulators and rubber-tire trolleys
• Point-to-point shuttle services (event parking shuttles) On-Demand (mobility) Services:
• Shared Ride-hailing or transportation network companies • Microtransit
Funding Information
Orange County Transportation Authority (OCTA) will program projects up to a seven-year period, from fiscal year (FY) 2024-2025 through FY 2030-2031, contingent on funding availability, not to exceed the annualized Project V limits in the table below. 4 Grant Year Fiscal Year Traditional Services On-Demand Services Year1 FY 25 $592,000 $296,000
Year2 FY 26 $610,000 $305,000
Year3 FY 27 $628,000 $314,000
Year 4 FY 28 $647,000 $323,500
Year5 FY 29 $665,000 $332,500
Year6 FY 30 $685,000 $342,500
Year7 FY 31 $705,000 $352,500
Agencies can consolidate continuing existing projects/grants in the 2024 call to simplify project administration and can exceed the maximum annual allocations listed for continuing services, when merging multiple grants.

Call Schedule ,~ . .. • ... •• KEY ·o~ TES A·N_D})J.f.-Dt/~ (s .. ~ ... -~. ·~-~:-. -:~.:.:. :'. _'~f ~, DATE ' !: , .. ' . Call Released/Board Approval November 13, 2023 Virtual Application Workshop and Q&A Session December 5, 2023, at 1:30 p.m.

One-on-One Application Discussions Upon local agency request Applications Due to OCTA January 25, 2024, at 5:00 p.m.

Final Adopted Resolution (or minute action) Due to OCTA February 15, 2024 OCTA Board Approval of Recommended Projects Spring 2024 2024 Project V Funds Allocated July 1, 2024
Important Resources
The Board-approved Comprehensive Transportation Funding Programs (CTFP) guidelines are available at the following link: www.octa.net/pdf/CTFPGuidelines2024.pdf OCTA will hold a virtual application workshop on Tuesday, December 5th at 10:00 a.m. via Zoom. Registration is open to all interested applicants and can be completed at:
https:/ /us02web .zoom. us/we bi nar/req ister/WN ed h lwkq n RP-Y 4vdQS Rqxkq#/reqistration Additional CTFP program information and resources are available through the following link:
www.octa.net/proqrams-projects/proqrams/fundinq-proqrams/call-for-projects/ctfp If you have any questions regarding the call, would like to RSVP for the call application workshop and application Q&A session, or schedule a one-on-one application discussion, please contact Adrian Salazar at (714) 560-5363 or [email protected]. ,.,;,....,
5 Meeting Date: 5/16/2023
Department: Public Works

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
Prepared By Jonathan Lightfoot, Economic Development Officer Zak Ponsen, Assistant City Engineer
Attachment 2
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Agenda Item: 1 OB
Subject:
2023 TROLLEY UPDATE, LETTER TO ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA), AND CONSIDERATION OF CONTINUATION OF THE GREEN LINE TROLLEY Summary:

The City will conclude its Green Line pilot on May 21, 2023. The following weekend, daily service on the Red and Blue Lines will begin. Daily service continues through the final weekend of September.

Staff included annual Saturday and Sunday service for the Red Line in the draft Fiscal Year (FY) 2024 budget, which will be reimbursable under the Project V grant with the Orange County Transportation Authority (OCTA). The draft budget also includes funding for another three months on a pilot route, which is not reimbursable. OCTA has requested letters of interest for a 2023 Call for Projects under Project V. City staff has drafted a letter (Attachment 1) requesting expanded funding and operations for our local transit programs. The next Project V grant cycle is expected to support operations beginning in FY 2025.

Background:

The City Trolley Program is funded through a Measure V grant ("OC Go") from OCT A. OCTA reimburses the City for 90% of operational costs within the allotted annual grant amounts. The standard schedule of services in the grant agreement includes daily Trolley operations between Memorial Day weekend and the final weekend in September on both the red line (downtown) and blue line (Dana Point). The Trolley did not operate in 2020 due to the Covid-19 pandemic. Services were phased in during 2021 as pandemic guidelines allowed. Because of the periods of nonoperation, OCTA revised the grant Cooperative Agreement to allow for carryover use of grant funds to provide cities with additional flexibility.

In 2021 , the City Council authorized an extension of the Trolley season beyond September. The City's successful outdoor dining program removed some of the available public parking stock in the downtown, so the Council approved extended service to improve access and mobility to the downtown. The extension was limited to Saturdays and Sundays from Labor Day weekend until New Year's Day on the downtown red line only. OCTA approved City staff's request through their semiannual review process to allow for reimbursement of the extended service. The extended weekend service was also provided in 2022, with the addition of the month of April. In December of 2022, the City Council authorized a supplemental appropriation from the general fund (not reimbursable under the Project V grant) to fund continued Saturday and Sunday service from January through March and to test a pilot route for up to three months in south San Clemente.

CITY OF SAN CLEMENTE Page 1 of 3 Printed on 5/11/2023
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Meeting Date: 5/16/2023 Agenda Item: 108
The City's grant revenues for FY 2024 will decrease by about $150,000 versus revenues in FY 2023 due to a new grant with OCTA (20-SCLM-CBT-3963) replacing the prior grants (16-SCLM-CBT-3840 and 18-SCLM-CBT-3914 ), as seen in Attachment 2. The new revenue level, which carries through FY 2027, will not sustain the current level of service of the Trolley program. The City can fully operate during FY 2024 at the 90% reimbursement level, however, due to the carry over grant funds from underutilization during 2020-2021. The City has about $700,000 in carry over funds available. These carry over funds will not sustain operations through FY 2027; however, OCTA has requested Letters of Interest regarding their 2023 Call for Projects under Project V, and this new grant opportunity could increase the baseline funding for both the Trolley and SC Rides programs that are supported by Project V. Staff has prepared a letter (Attachment 1) outlining a vision for future local transit services.

OCTA expects to post the new grant opportunity in November of 2023 and announce awards in Spring of 2024, which would apply to services beginning FY 2025. Staff seeks City Council authorization to send this letter of interest and to apply for the upcoming grant opportunity.

At the City Council meeting on May 2, 2023, the City Council agendized an update on the Trolley, with consideration to continue the Green Line Trolley. Trolley staffing is provided by LAZ Parking, but that contract expires on December 31, 2023. The City Council will need to either enter into a new agreement with LAZ or direct staff to complete an RFP process for operations beyond December 31.

LAZ is willing to augment their current services with the City to include an extension of the Green Line beyond the current termination date of May 21 . The City would need to rent two standard white shuttles in order to continue this service since the Trolleys are obligated to return to the Blue Line route between the Outlets and Dana Point. This additional service would be funded by the General Fund, not reimbursable under the Project V grant, and would cost $100 per service hour, including the loaner shuttles. To cover summer operations, two shuttles would be needed, operating for 72 hours each per week. The cost to operate the Green Line continuation would be $14,400 per week, or about $245,000 for the full summer season. These costs would not be reimbursable under the Project V Grant, so a supplemental general fund appropriation would be required.

Council Options:
• Receive and file the Administrative Report and authorize the City Manager to sign and send the Letter of Interest provided in Attachment 1 to OCTA.
• Receive and file the Administrative Report and authorize the City Manager to sign and send the Letter of Interest provided in Attachment 1 to OCTA, with modifications as directed by the City Council.
• Receive and file the Administrative Report dated May 16, 2023, authorize the City Manager to sign and send the Letter of Interest to OCTA, and continue the item with specific direction to staff to return with proposed amendments to the Professional Services Agreement with LAZ and any corresponding supplemental appropriations to support additional Trolley services, such as a continuation of the Green Line Trolley.

CITY OF SAN CLEMENTE Page 2 of 3 Printed on 5/1 1/2023
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7 Meeting Date: 5/16/2023 Agenda Item: 1 OB
Fiscal Impact:

Extension of the Green Line Trolley will cost $14,400 per week and is not reimbursable. The Red and Blue line Trolley services are accounted for within the FY 2024 budget and are reimbursable at 90% from OCTA under existing Project V grant agreements. Depending on the funding level of the next round of Project V grants, the City may need to carry more than 10% of the operating costs beginning in FY 2025.

Environmental Review/Analysis:

Administrative reports and letters of interest regarding ongoing programs do not constitute a "project" under CEQA, Section § 15378. If there are future actions to increase service levels of local transit programs, those actions will be evaluated under CEQA at that time.

Recommended Actions:

Staff Recommendation

1. Receive and file the Administrative Report dated May 16, 2023, and on file with the City Clerk and authorize the City Manager to sign and send the Letter of Interest provided in Attachment 1 to OCTA.

2. Discuss and provide direction to Staff regarding whether any further action should be taken with respect to continuation of the Green Line Trolley.

Attachment:

1. Draft Letter to OCT A regarding the 2023 Call For Projects under Project V

2. Project V Grant schedule for San Clemente Trolley operations Notification:

None
CITY OF SAN CLEMENTE Page 3 of 3 Printed on 5/11/2023
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City of San Clemente
City Manager
Andy Hall, City Manager
Phone: {949) 361-8200
[email protected]
Wednesday, May 17, 2023
Kia Mortazavi, Executive Director of Planning
Orange County Transportation Authority
Sent via email to [email protected]
With a copy to Adriann Cardoso at [email protected]
Subject: Project V Letter of Interest for 2023 Call for Projects Dear Executive Director Mortazavi,
ATTACHMENT 1
The City of San Clemente has successfully operated a transit programs under Project V, and the City enthusiastically submits this letter to support continued, and expanded, funding for these crucial mobility services in our community. Currently, there are only three (3) bus stops in San Clemente.1, a city of nearly 20 square miles. Project V has helped the City tremendously after the reduction of OCTA bus routes the past few years.

Project V has significantly expanded shared transit opportunities, and data reflects a strong and improving ridership. Because of that data, the City would like to expand our programming. However, at current funding levels, we have to consider making cuts to service. We are hopeful that the 2023 Call for Projects will assess the current economic climate and financial realities of the increasing costs of employing drivers and maintaining vehicles. As we look to the future, we recommend a few modifications to the Project V standards, and we seek support for funding of three service types.

Project V Modifications:

1. Need for expanded funding
The current grant limitation of $550,000 is no longer sufficient t o cover operating expenses of existing services. In FY24, continued operations of the daily summer service plus annual Saturday/Sunday service on one route {Red line / downtown) will cost $650,000. That amount is just to maintain the status quo. To meet the real demand for service, the City would like to add Friday service annually and add new lines to serve south San Clemente (San Clemente State Beach and 1 Route 1 & Route 9 1
City Manager 910 Calle Negocio, Suite 300 San Clemente, CA 92673 http://san-clemente.org
9 City of San Clemente Page 2
campground) and east (Ave. Pico corridor). Accomplishing this goal would require five (5) additional trolleys and would double the operational costs to $1.3 Million.

The City would also be amenable to transitioning to an electric fleet, but would need assistance in establishing a charging station at our City Yard to support all vehicles. The $1.3 Million figure also does not take into account the continuation of the SC Rides (or similar) pickup service. This program cost $380,000 in the final operational year before the pandemic. The City would also be interested in a last mile/NEV solution. Considering the "full menu" of Project V programs, the City would like to see the annual budget cap increased to $2 Million per year. The City also recommends that the grant funds be tied to performance in some fashion.

San Clemente has consistently demonstrated robust ridership, and we hope that OCTA recognizes strong ridership as one factor in awarding higher grant awards.

2. Need to supersede/replace prior grant
The Project V grant requires a 10% City match of funds. That is no longer the reality. Unfortunately, OCTA approved our 2020 grant at a lower level of funding than was requested. San Clemente expects FY24 expenses to be $650,000 to maintain service levels for the Trolleys. Our FY24 grant revenues for the Trolley will be $232,000. That puts the City in a position of paying for 64% of operations.

Since the last call for projects, costs have risen, putting regular service at risk.

Given the accounting challenges of overlapping grants, the City would prefer that the 2023 Call for Grants allow Cities to apply for increased levels of funding to supersede and replace any active grants.

3. Support for overlapping routes
OCTA has been hesitant to approve local routes that "compete" with regional bus lines (the 1 and 99 in San Clemente). We respectfully ask for reconsideration of this policy. It is impossible to support local transit without utilizing El Camino Real - which both bus routes use. The City successfully tested a new southern line from the Pier to the San Clemente State Beach (not grant supported), hitting 20 riders per hour during a cold and rainy March-April. This route provides new access to the campground and beach as well as access from small hotels/motels to our downtown. It helps reduce VMT and downtown parking demand. We believe that this expanded service could also provide easier access to OCTA's regional line, bringing increased interest and ridership. 10 City of San Clemente Page 3
Project V: Three service requests in San Clemente

1. Trolley
The City would be interested in expanding service, which could include:
• Daily Summer service from May 1-September 30
• Friday- Sunday service annually
• Up to 10 holidays/ special events (Car Show, Sk's, New Year's Eve, etc) • Four trolley lines
o Red (existing): Outlets to Pier
o Blue (existing): Outlets to Dana Point connection
o Green (new): Pier to San Clemente State Beach
o Yellow (new): Outlets to Talega (Pico corridor)

2. SC Rides, provided by Lyft and Butterfli
Due to the removal of bus routes by OCT A, SC Rides has been a fundamental necessity to the City, with over 2,500 riders per month. No operational changes are expected under this service; however, the City would like to increase funding levels to $400,000 per year beginning in FY25. The City is working with OCTA to address FY24 independently since funding for this service lapses July 1, 2023 under the cmTent grant agreement.

3. NEV Circulators
The City would be interested in providing last mile service via NEV circulators.

This service could be on demand or fixed route, providing ext ended service from Trolley stops to more neighborhood or local beach locations. The City would be interested in reviewing both turnkey solutions (e.g. Circuit) as well as blended solutions (city-owned vehicles, contracted drivers).

Sincerely,
11 City of San Clemente
Andy Hall
City Manager

12 ....
e,.)
Sa n Clemente Dowtown Route Continuation Project [20-SCLM-CBT-3963] Comparison of FY Annual Budget Allocations
C-11-111111#
Appro1t cost per RH
ri Iii
O&M
OCTA Match 90%
local Match 10%
Total O&M
Approx Ann Rev Hr

CAPITAL
FY 17 FY 18 FY 19
FY 17_ FY 18 FY 19
FY 20 FY 21
FY 20 FY 21
~an Clemente Summer TrollefProjegt,,Eµndlng Table Project no. 16-SCLM-CBf. ·(Fri - Sun) for 10 wooka I Sarv,co Op/Ion 1. Otlflots 10 _Sl~0.00 $120.00 $120.00 S120.oo s120.00
P,or
O&M
OCTA Match 89%
local Match 11%
Total O&M
Approx Ann Rev Hr

CAPITAL
OCTA Match 89%
l ocal Match 11%
Total Capital
C-8-1989
Year1
11%
S17,800
$2,200
$20,000
167
11%
$525,100
$64,900
$590,000
FY 17
Year 2
11%
$106,415
$13,152
S119,567
996
FY 18
Year 3 Year4 Year 5
11% 11% 11%
$106,415 S106,415 $106,416
$13,152 S13,152 $13,153
$119,567 $119,567 S119,569
996 996 996
FY 19 FY 20 FY 21 Appro1t COJt per RH $49,00 S50,96 $53.00 I
i
I
I
I
I
San Clemente Trolley Expansion Project Funding Table Project no. 18-SCLM-CBT-3914 or1Jar1dod from wookonds (Fri - Sun) to lr1cl11do Mon - T/111 sorvtco Momorinl day 10 Labor day (yr I port/DI) - 3 trolloys Year1 Year 2 Year3 O&M 10% 10% 10%
OCTA Match 90% $108,000 $255,600 $260,100
Local Match 100/4 $12,000 $28,400 $28,900
Total O&M $120,000 $284,000 $289,000
Approx Ann Rev Hr 2,449 5,573 5,453

CAPITAL
OCTA Match 900/4 s 369,000
Local Match 10% s 41,000
Total Capital
FY 22
FY22
$120.00
Years•
11%
$106,416
$13,153
$119,569
996
FY 22
S55.ll
Yoar 4
10"/4
$268,200
$29,800
$298,000
5,407
FY 23
$54.32
FY 23 5120.00
Year 7•
11%
$106,416
$13,153
$119,569
996
FY23
$57.32
Year 5
10%
$276,300
$30,700
$307,000
5,356
FY 24
$54.32
Year 4•
10".4
231,74S
25,749
257,495
4,740
FY 25
,1°<1 1nll;it1on
$56,49
Year 5
10%
238,698 S
26,522 S
265,220 $
4,695
FY 26
SSB.75
Year 6
10%
245,859
27,318
273,176
4,650
• $ • $ $
FY24 FY 25 FY 26
I
I Year a• I Year 9•
I
I
I TSO-Potential TSO-Potential
I Transfer of Transfer of
I Savings
I TBD
Savings s 656,293
TBD s 81,11 5
s 737,408
--
6,145
525,100
64,900
590,000
FY 24 FY 25 FY 26
S59.62 $62.00 ,1' infl,111un
I Years· I Year 1• TOTALS I
I
I TSO-Potential
I Transferor
I Savings
TBO-Potential
Transfer of
Savings $ 1,168,200
I TBD
f TBO $ 129,800
1,298,000
24,237 I
369,000
41,000
410,000
$
$
FY 27
$61.10
Year7
10%
I
I
I 253,234J
I
28,137 1
281,372 1
4,605
ATTACHMENT 2
FY 28
$63.55
Year8
TBO Potential
Transfer of
Savin_1s
FY29
S66.09
Year9
TSO Potential
Transfe r of
Savin_G_s
10/4/2022
TOTALS
10%
969,536
107,726
1,077,262
18,690
. ! s • $ • $
All holidci ys
rxcvrdunng
schedulrd
in:illeysenAce
{do not 2x
count)
.....
.i:,.

San Clemente Dowtown Route Continuation Project [20-SCLM-CBT-3963) Revnue Hour Estimation
I Mon - Fri: 12p • lOp {10hr per ~eh x S day)
I sat: 10a • !Op (12hr per veh x 1 day)
I sun: 10a - Sp (10hr per veh x 1 day)
Mem Day Remembrance (late May) • 2hr per veh"' 6
Classic Car Show (6/20/20) • 5hr per veh = 15
4th of July (7 /4/20) - 8hr per veh = 24
Oceanfest (7/18/20)- 22hr perveh = 66
Fiest a (B/9/20) - 10hr per veh =c 30
Average weekly
~ - 1<-.-. -.,~10~2---, cenirioi
3veh Tbd
- ~ I-----; 36
30 195
Memorial Day Labor Day
5/27/2022 9/5/2022
wkend only April
(7wk X 2) until Memorlol Day Labor Day
Mem Day
14 S/27/2022 9/5/2022
wkend only April
(7wk X 2) until Memorlal Day Labor Oay
Mem Day
14 S/27/2022 9/5/2022
5/23/2022
service period 3veh
I 101 calendor Oovs I $169,641.36

14.4 weeks
3123 Rev Hrs 114 wks@ 216hrs + 3 sat/sun @avg of 33 hrs 1---~-
1 Wkend only
through end of 3 veh
Sept (3wkx 2)
6 121 Calendar Dilys $205,492.56

24.4 weeks
3783 Rev Hrs 14 wks@ 216hrs + (7+3+1.5) wkends@ 76 hrs
I service period
, wkend only
(16wk X 2) until 3veh
New Years Day
24 139 Calendar Ca s $252,099.12

33.4 weeks
4641 Rev~ 14 wks @ 216hrs + (7+16+1.S) wkends@ 76 hrs
RESOLUTION NO. 24-06

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING THE

SUBMITTAL OF THE SAN CLEMENTE TROLLEY

SERVICES AND SC RIDES APPLICATION TO THE

ORANGE COUNTY TRANSPORTATION AUTHORITY FOR

FUNDING UNDER THE PROJECT V COMMUNITY-BASED
TRANSIT/CIRCULATOR$ PROGRAM
Attachment 3
WHEREAS, the Orange County Transportation Authority Community-Based Transit/Circulators program (Project V under Measure M2) establishes a competitive funding program to enable local jurisdictions to develop, test and provide communitybased local transit services that complement regional transit services and meets needs in areas not adequately serviced by regional transit; and, WHEREAS, the Orange County Transportation Authority intends to allocate Project V funds to the incorporated cities and the County of Orange, as applicable; and WHEREAS, the Orange County Transportation Authority has established the procedures and criteria for selecting projects for funding through a competitive process as identified in the Comprehensive Transportation Funding Program (CTFP) Project V Guidelines; and
WHEREAS, the City of San Clemente desires to provide local community-based transit services;
WHEREAS, the City of San Clemente has been declared by the Orange County Transportation Authority to meet the eligibility requirements to receive Measure M2 funds, including Project V grant funds; and,
WHEREAS, the City of San Clemente must include all projects funded by Net Revenues in the seven-year Capital Improvement Program as part of the Measure M2 Ordinance eligibility requirement; and
WHEREAS, the City of San Clemente Circulation Element is consistent with the County of Orange Master Plan of Arterial Highways; and
WHEREAS, the City of San Clemente will comply where applicable with provisions of the Americans with Disabilities Act, and any other federal, state, and/or local laws, rules and/or regulations; and
WHEREAS, the City of San Clemente will consult with Orange County Transportation Authority regarding the need for ADA/paratransit services and/or plan prior to starting operations; and
WHEREAS, the City of San Clemente will provide a minimum 10% in matching funds for traditional Project V services and 50% in matching funds for on-demand services, excluding non-Project V subsidies or net fares collected, as required by the Project V CTFP Guidelines and shall fund its share of the project costs and any additional 15 Resolution No. 24-06 Page 2
costs over the identified programmed amount; and
WHEREAS, the City of San Clemente will not use Measure M funds to supplant Developer Fees or other commitments; and
WHEREAS, the City of San Clemente will give the Orange County Transportation Authority's representatives access to and the right to examine all data, records, books, papers or documents related to the Project(s).

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

Section 1. The above recitals are true and correct and incorporated fully herein.

Section 2. The City of San Clemente authorizes the nomination of the San Clemente Trolley services and SC Rides programs to the Project V Community-Based Transit/Circulators program, including all understandings and assurances contained therein, and authorized and directs City staff to make such submittals, execute such documents and take such actions as are necessary and proper to apply for such grant.

Section 3. The City of San Clemente hereby requests that the Orange County Transportation Authority allocate Project V funds in the amounts specified in the City or County's application to said City or County from the Project V Community-Based Transit/Circulators program through the Comprehensive Transportation Funding Program (CTFP). Said funds shall be matched by funds from the City of San Clemente as required by the Project V CTFP Guidelines and shall be used as supplemental funding to aid the City of San Clemente in the implementation of the proposed transit services.

Section 4. The City of San Clemente hereby authorizes and approves a formal amendment to the seven-year Capital Improvement Program to add projects approved for Project V grant funding upon approval from the Orange County Transportation Authority Board of Directors.

Section 5. City staff is authorized and directed to execute such documents and take such actions as are necessary and proper to accomplish the purposes of this resolution.

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

PASSED, APPROVED AND ADOPTED this __ day of January, 2024.

ATTEST:

City Clerk of the City of
San Clemente, California
Mayor of the City of San
Clemente, California
16 Resolution No. 24-06 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-06 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _ __ day of _____ , 2024, 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 January, 2024.

Approved as to form:

Elizabeth A. Mitchell, City Attorney
CITY CLERK of the City of
San Clemente, California
17 910 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: January 16, 2024 Agenda Item: 7K
Department: City Clerk
Prepared By Laura Campagnolo, City Clerk
-
Subject:
..titl e
CONSIDERATION OF A RESOLUTION AMENDING POLICY 1201-11 (CITY COUNCIL

MEETING AND OPERATING PROCEDURES) CHANGING THE MAYOR AND MAYOR PRO

TEMPORE TERM TO BE EFFECTIVE IMMEDIATELY AFTER THE ADJOURNMENT OF THE CITY COUNCIL ..body MEETING AT WHICH THEY WERE SELECTED Fiscal Impact:

None.

Summary:

At its meeting of December 5, 2023, the City Council modified the term of the Mayor and Mayor Pro Tempore to become effective immediately following the adjournment of the meeting at which they were elected. This requires an update to Section 4.2.1 of Policy 1201-11 (City Council Meeting and Operating Procedures) to reflect the change. See Attachment 1 for a redline of the proposed memorialization of the amendment.

Background:

Mayor and Mayor Pro Tempore Term:

Section 4.2.1 of City Council Meeting and Operating Procedures Policy 1201-11 – addresses the election of Mayor and Mayor Pro Tempore and when the term becomes effective. The current policy states that at the first Regular City Council meeting in December of each year, the Council shall elect from its members a Mayor and Mayor Pro Tempore. The policy further states that the new Mayor and Mayor Pro Tempore shall assume office immediately upon election. Two updates are needed to this policy.

First, on November 7, 2023, the City Council adopted Ordinance No. 1762, which completed the process in transitioning from at-large to by-district elections for City Council and Mayor to be elected beginning in November 2026 by the voters in the General Municipal Election. Therefore, Section 4.2.1 of Policy 1201-11 needs to be updated to reflect the sunsetting of the selection of the Mayor by the City Council. It should be noted that after the November 2026 election, the Mayor Pro Tempore will continue to be elected by the City Council per Policy 1201-11.

Second, the Policy also needs to be updated to reflect the correct effective time of the terms of the Mayor and Mayor Pro Tempore. At its meeting of December 5, 2023, the City Council modified the term of the Mayor and Mayor Pro Tempore to become effective immediately following the adjournment of the meeting at which they were selected. Policy 1201-11 of the City 1 Meeting Date: January 16, 2024 Agenda Item: 7K

CITY OF SAN CLEMENTE
Council Meeting and Operating Procedures as provided in Attachment 1 modifies Section 4.2.1 to memorialize both these changes.

Council Options:
 Adopt Resolution No. 24-07, which would modify Section 4.2.1.  Modify and adopt Resolution No. 24-07.
 Direct Staff to return with additional information.
 Take no action.

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

Recommended Actions:

Staff Recommendation ..recommendation
Adopt Resolution No. 24-07, which would modify Section 4.2.1 of City Council Meeting and Operating Procedures Policy 1201-11 to reflect the recent changes related to the Mayor and Mayor Pro Tempore terms.
..end
Attachments:

1. Policy 1201-11 City Council Meeting and Operating Procedures, with proposed modifications in redline

2. Resolution No. 24-07
Notification:

None.
2

ATTACHMENT 1

POLICY AND PROCEDURE
Subject: City Council Meeting
and Operating
Procedures
(Parliamentary Procedures,
Due Process, Mayor/Mayor
Pro Tempore, Council
Correspondence, Meetings,
Agendas, and Minutes)
Index: City Council
Number: 1201-11
Effective
Date:

February 7, 2023
January 16, 2024
Prepared City Clerk
By:

Supersedes: Policy and Procedures 1201-
1 (Mayor and Mayor Pro
Tempore); 1201-2 (Meetings
of the City Council); 1201-3
(Order of Business and
Preparation of Minutes);
1201-4 (Council
Approved
By:

City Council
Correspondence and
Agenda); 1201-5 (Rules of
Debate, Decorum, Voting
Requirements & Procedures);
1202-2 Management/
Streamlining of City Council
Meetings); and 1201-11 (City
Council Meeting and
Operating Procedures)

1.0 PURPOSE:

To establish policies for City Council meetings and operations, including parliamentary procedures, due process, election/roles of Mayor and Mayor Pro Tern, agendas, and the preparation of minutes.

2.0 ORGANIZAT/ONS AFFECTED:

City Council
City Commissions and Committees*
*Note: Except as otherwise noted throughout this Policy, this Policy shall a/so apply to the City's Commissions and Committees. In applying this Policy to City Commissions and Committees, the term "Council" shall be interpreted to mean the name of the City Commission or Committee, the term "Mayor" shall be interpreted to mean "Chairperson", the term "Mayor Pro Tempore shall be interpreted to mean "Vice Chair': the term "Manager" shall be interpreted to mean "Director", and the 3

term "City Clerk" shall be interpreted to mean the staff member responsible for providing support to the Commission/Committee.

3.0 REFERENCES:

The Ralph M. Brown Act, GC Section 54950, et seq.

4.0 POLICY:

4.1 Parliamentary Procedures and Due Process

4.1.1 The proceedings of the City Council shall be guided under the latest revised edition of "Rosenberg's Rules of Order," on all matters pertaining to parliamentary procedure, but no ordinance, resolution, proceeding or other action of the City Council shall be invalidated or the legality thereof otherwise affected by the failure or omission to observe or follow such rules. In the event of a discrepancy between Rosenberg's Rules of Order and this Policy and Procedure, this Policy and Procedure shall prevail.

4.1.2 The Mayor, with assistance from the City Attorney, is designated as the parliamentarian for City Council meetings. The City Clerk shall assist in the City Attorney's absence. Any member of the City Council or the public (pursuant to process below) may raise a point of order and/or seek the City Attorney's input on parliamentary issues, which shall then be considered by the Mayor. The City Council may override any parliamentary decision of the Mayor with a majority vote. The Mayor may interpret and apply but not amend these policies.

Points of order may be raised at any time by City Councilmembers.

Points of order may be raised by members of the public in connection with their opportunity to speak on agenda items pursuant to Section

4.4.6. The Mayor (or chair) shall rule on the point of order and/or request clarification of the law from the City Attorney and then decide and rule. If the point of order is denied by the Mayor or chair, the person making the point of order may seek a vote of the entire Council or body, which decision shall be final.

Members of the public wishing to raise points of order after their opportunity to speak may submit those points of order in writing prior to the adjournment of the meeting. Items so submitted shall be presented for consideration by the City Council in connection with its approval of the minutes of that meeting pursuant to Section

4.6 hereof. At that time the Mayor and City Council will review and decide the point of order raised and determine whether it warrants scheduling and noticing of that item for reconsideration. 4

4.1.3 It shall be understood that a member of the City Council or prospective member of the City Council may, in the course of seeking elective office, be asked to state positions on general issues that may eventually come before the Council at a later date. This policy shall in no way impair that Councilmember's right to consider the issue and vote as he/she determines is appropriate.

4.1.4 Ex parte communications are communications received outside of Council meetings or hearings. When the Council acts in a legislative role (for example, to adopt general plan or zoning amendments or to adopt ordinances), Councilmembers are permitted to draw upon nearly all observations and considerations they receive inside and outside the Council meeting. On the other hand, when acting in a quasi-adjudicatory role (hearing permits, revocations, and similar non-legislative decisions), the Council, as fact-finder, should limit its consideration of facts to those presented at the hearing, where all sides have the opportunity to hear and rebut testimony given by all participants. To this end, Councilmembers should avoid receiving or gathering information that might otherwise influence its consideration of the written record and any other testimony it hears through the formal hearing process, or at least disclose their receipt of that information.

4.2 Election of Mayor and Mayor Pro Tempore and Roles of Those Offices

4.2.1 At the first Regular City Council meeting in December of each year, the Council shall elect from its members a Mayor and Mayor Pro Tempore. The new Mayor and Mayor Pro Tempore shall assume office immediately upon after the adjournment of the meeting at which they were elected. Effective at the November 2026 General Municipal Election, the Mayor shall be elected by the voters and this policy with respect to the Mayor will automatically sunset. The Mayor Pro Tempore shall continue to be elected by the City Council. (Note: Commissions and Committees shall elect from its members a Chairperson and Vice Chair at its first regular meeting occurring after Council completes its annual appointment process for Commission and Committee members and those members
assume office.) The process for electing Mayor and Mayor Pro Tempore and for electing Commission and Committee Chairs and Vice-Chairs shall be as follows:

4.2.1.1 The nomination/election of the Mayor or Chair is conducted by the City Clerk or staff. Once the new Mayor or Chair is elected, that member of the Council or body immediately presides and conducts the vote on Mayor Pro Tempore or Vice-Chair.
5

4.2.1.2 The method of nomination in this respect is an "open nomination" solely by and from within the membership of the presently-seated City Council or City body. Nomination cannot be accepted from members of the public.

4.2.1.3 No "second" is required for nomination, although sometimes one or more members will "second" a nomination to indicate endorsement.

4.2.1.4 In no event may any one member nominate more persons than there are offices to fill in the respective selection.

4.2.1.5 When it appears that no one else wishes to make a nomination, the chair of the meeting asks one (1) final time if there are additional nominations. If there is a no response, the chair then declares..."the nomination for Mayor or Mayor Pro Tempore, Chair or Vice-Chair as applicable is closed."

4.2.1.6 It is unnecessary to have a motion to officially close the nomination; yet, if such a motion is made, that motion then requires an affirmative 213rd vote of the members present [4 or 5]. After nominations are closed, a majority vote is required to re-open it.

4.2.1.7 Nominees are voted on in the order in which they are nominated.

As soon as one of the nominees receives a majority vote of those members present in the voting, the Mayor or Chair then declares that person elected to that respective office, and no vote is taken on the remaining nominee(s).

4.2.1.8 Rounds of voting shall continue in succession until one nominee is elected.

4.2.2 The Mayor and Mayor Pro Tempore shall serve a one-year term at the pleasure of the Council majority.

4.2.3 The Mayor shall act as the primary spokesperson and official representative of the City Council, unless such responsibility is delegated by the Mayor, or otherwise assigned by a majority of the City Council.

4.2.4 The Mayor shall preside at all regular, adjourned regular, special and emergency meetings of the City Council, including joint meetings with commissions and committees and closed sessions.

4.2.5 The Mayor shall execute all official City documents, warrants and correspondence approved by the City Council.

4.2.6 The Mayor is authorized to issue proclamations, commendations and certificates of recognition, which may be presented at Council meetings under Special Presentations. The total time allotted to Special Presentations should, if possible, be limited to 15 minutes per meeting. (This section does not apply to Commissions or Committees.)
6

4.2.7 Nothing in this section is intended to suggest that the office of Mayor possesses formal powers or authority in excess of other members of the City Council; rather, the person serving as Mayor is to be recognized as the chairperson of the Council.

4.2.8 The Mayor Pro Tempore shall serve and perform the functions of the Mayor in the absence of the Mayor. If both the Mayor and Mayor Pro Tempore are absent from a City Council meeting, the Council members present shall select a Councilmember from those members present to perform the functions of Mayor at that particular meeting.

4.3 City Council Correspondence

4.3.1 The City Manager, or his/her designee, is authorized to open and examine all mail or other written communications addressed to the City Council as a body, but shall not open correspondence addressed to an individual Councilmember without their express authorization.

4.3.2 The City Manager may take action, or direct that action be taken, on issues or requests that do not require Council action. The City Manager shall inform Council when actions are taken on matters of significance or that are likely to be of interest to the City Council.

4.4 City Council Meetings

4.4.1 The date, time and location of Regular Meetings of the City Council shall be established by resolution. At 11:00 p.m. at each meeting, the City Council, by majority vote, will determine whether to continue the meeting or adjourn.

4.4.2 At all meetings of the City Council, a majority of the Council members shall constitute a quorum for the transaction of business. In the event less than a quorum of the City Council is present, the City Clerk shall adjourn the meeting (which may include adjourning to an Adjourned Regular Meeting), post a Notice of Adjournment, and prepare minutes that reflect that the meeting was adjourned due to lack of a quorum.

4.4.3 The City Clerk, or Mayor, shall announce an agenda item before discussion on that item commences.

4.4.4 Each person desiring to address the Council is requested to submit to the City Clerk a speaker form. After being called upon by the Mayor, the speaker may proceed to the podium. The speaker may 7

state for the record his/her name and city of residence, but shall not be required to do so.

Members of the public may speak for three (3) minutes and project applicants and appellants (including members of an applicant's or appellant's project presentation team, when applicable) may speak for a combined total of ten (10) minutes on agenda items. At Council's request where Council is acting in a fact-finding or hearing capacity, the Mayor may grant additional time (unless overruled by a majority of Councilmembers present) to speakers on agenda items.

Speakers will be called to the podium once Staff concludes its presentation of an item and before Council begins its deliberations.

Speaker cards will not be accepted once deliberations have commenced.

Speakers on non-agenda items may speak for three (3) minutes during the oral communications - public forum portion of the meeting.

The time that a speaker devotes to responding to Council inquiries shall not be deducted from their allotted speaker time.

4.4.5 Members of the public may not assign their speaker time to another person.

4.4.6 The purpose of addressing the City Council is to communicate formally with the City Council regarding matters that relate to City Council business or citizen concerns within the subject matter jurisdiction of the City Council. Persons addressing the City Council on an agenda item shall confine their remarks to the matter under consideration by the City Council. Speakers may be asked to clarify how their comments relate to the matter at hand. Speakers may address the entire Council or individual Councilmembers, and, if allowed by the Mayor or chair, City staff.

4.4.7 Once recognized, members of the public shall not be interrupted when speaking unless to be called to order by the Mayor to: (i) curtail extraordinary repetition, (ii) curtail speech that is irrelevant to the City Council's subject matter jurisdiction, (iii) explain how his or her speech relates to the City's subject matter jurisdiction, or (iv) address some other point of order. If a speaker is interrupted to be called to order, the speaker shall cease speaking until the question of order is determined, and if in order, he or she shall be permitted to proceed, with additional time allotted for the time taken to determine the question of order.
8

4.4.8 In order to avoid repetitious presentations, whenever any group of persons wishes to address the Council with the same message, it shall be proper for the Mayor to request that a spokesperson be chosen by the group to represent the group's position. Speakers shall not, however, be required to abide by such a request.

4.4.9 To expedite Council meetings, Councilmembers are encouraged to contact Staff prior to Council meetings to obtain answers to questions and to obtain clarifications as needed.

4.4.10Staff shall compose Administrative Reports in a clear and concise manner. Staff shall strive to write reports in a manner that can be easily understood by persons that do not have training in the report's subject matter.

4.4.11Staff presentations at Council meetings are to be condensed to the briefest extent possible, while still providing a basic overview of the issue under consideration. Staff is encouraged to refrain from reiterating issues previously addressed in the Administrative Report.

However, Staff engaged in such communications shall not use these opportunities to communicate with the members of the City Council the comments or position of any other member of the City Council on City Council business.

4.4.12 Members of the public shall not engage in conduct that disrupts, disturbs, or otherwise impedes the orderly conduct of the City Council meeting. Any person who so disrupts the meeting is subject to removal from the meeting.

Prior to removing anyone from a City meeting, the Mayor (or other designated chair) shall: (i) notify the person that he/she is in violation of this Section 4.4.12, (ii) specify the specific behavior giving rise to that conclusion; (iii) explain all grounds for the belief that the person's conduct is in violation of law/policy and why such conduct subjects the person to expulsion; and (iv) notify the person that if the conduct continues he/she will be removed. The person receiving such notification shall be asked if he/she understands the conclusion but shall not be required to accept it.

Members of the public receiving notice of disruption pursuant to this section shall have the right, prior to being removed from the meeting, to ask the Mayor to consult with the City Attorney on the grounds for expulsion, and to submit a point of order on the grounds for expulsion. The City Council may override this decision pursuant to Section 4.1.2. The City Attorney shall have a duty to inform the Mayor (or other designated chair) and the public if the City Attorney believes that the Mayor's action is in violation of applicable law. 9

4.4.13 Motions must be seconded in order to proceed to a vote.

4.5 City Council Agendas

4.5.1 With the exception of items added to a City Council agenda pursuant to Section 4.5.4 of this Policy, the City Manager and Mayor in conference shall be responsible for determining items to appear on City Council meeting agendas.

4.5.2 The standard template for City Council agendas shall be established by Council by majority vote. The City Manager shall have the authority to reorganize the template on a case-by-case basis if he/she believes that a variation in the normal order of business is appropriate.

4.5.3 Councilmembers may agendize items to enable them to "report out" on matters relating to their own activities, including activities pertinent to their Council-appointed positions on regional commissions, committees and boards, provided the report is informational only. If Council action is being sought, the process defined in Section 4.5.4 of this Policy shall be followed.

4.5.4 Two members of the City Council may propose at a Council meeting that an item be agendized for future Council discussion, consideration, and/or action. Subject to notice and hearing requirements, the item shall be agendized for a future meeting and noticed as required by law. Items agendized pursuant to this section shall appear on an agenda under the New Business portion of the agenda and the names of the Councilmembers who agendized the item shall be included with the item description. Staff Reports will only be prepared if a minimum of three members of the City Council vote affirmatively at a Council meeting to direct Staff to prepare a report.

4.5.5 Notwithstanding Sections 4.5.1 and 4.5.4 of this Policy, the process to review, appeal, or otherwise "call up" decisions by the Planning Commission or other subordinate City bodies shall be subject to the requirements of the San Clemente Municipal Code.

4.5.6 Notwithstanding Section 4.5.4, a proposal to reconsider any action taken by the City Council may be raised only at the same meeting or the next regularly scheduled meeting of the City Council after the action is taken and may be raised only by one of the
Councilmembers who voted with the prevailing side. Additionally, the motion to reconsider may only be made by one of the
Councilmembers who voted with the prevailing side.
10

4.5.7 The City Clerk shall be responsible for the preparation of Council meeting agendas and shall cause copies to be posted on the City Hall bulletin board(s) and City website. Regular and Adjourned Regular Meeting agendas shall be posted within the posting time requirements as set forth in State law. In the case of special meetings, agendas shall be posted as soon as practical, but in no event less than the posting time requirements as set forth in State law.

4.5.8 Consent Calendar items shall be comprised of items that are expected to be noncontroversial. Unless an item is removed from the Consent Calendar by a member of the Council staff for separate discussion and action, the Consent Calendar may be acted upon by one motion.

4.5.9 The City Council may waive the reading in full of all Resolutions and Ordinances. The reading of Resolution titles shall be optional. The reading of Ordinance titles shall not be waived.

4.5.10 Members of the public may address Council concerning matters within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, during the Oral Communications portion of the agenda. Speakers may address Council once during either Oral Communications Part 1 or Part 2. Speakers shall be allotted 3 minutes in which to give his or her presentation.

4.6 City Council Minutes

4.6.1 The City Clerk shall have exclusive responsibility for the preparation of the minutes.

4.6.2 The minutes of City Council meetings shall be submitted to Council for approval/modification at a City Council meeting. Any direction for modifications to the City Council minutes shall only be made upon a majority vote of the City Council.

4.6.3 Minutes shall be prepared in brief concise form, in what are commonly referred to as "action minutes". Action minutes memorialize what was done at a meeting, as opposed to what was said at a meeting. An exception to this guideline is that a brief summarization of comments provided to Council by the public are to be included in the minutes. Additionally, the identity of Councilmembers who make motions, second motions, and cast votes on motions are to be included in the minutes.

4.6.4 Unless the reading of the minutes of a City Council meeting is ordered by a majority of the Council, such minutes may be 11

approved without reading if the City Clerk has previously furnished each Councilmember with a copy thereof.

4.6.5 The approved minutes shall be executed by the Mayor and City Clerk upon approval by the City Council and shall constitute the official record of the City Council meeting.

4.6.6 The City Clerk shall enter the original executed minutes into the official records of the City as a permanent document.

4.7 Closed Sessions

4.7.1 The City Council may hold closed sessions during duly-noticed Council meetings on issues authorized by State law.

4.7.2 A City Commission or Committee may hold closed sessions during duly-noticed meetings of its body on issues authorized by State law, the City Council, and the City Attorney.

4.7.3 No member of the City Council, employee of the City, or any person present during a closed session shall disclose to any other person the content or substance of discussion or action which took place during the session, unless a majority vote of the Council authorizes such disclosure.

4.7.4 Closed sessions shall be limited to members of the City Council, City Manager, City Attorney and/or City legal counsel, as well as staff members and experts designated by the City Manager or City Attorney to attend portions of Closed Sessions relating to specific issues, as permitted by law.

4.7.5 To the extent possible, the public will be notified prior to the time that the City Council recesses to closed session as to whether or not a public announcement of action is anticipated following the Closed Session.

4.7.6 Where potential plaintiffs and defendants have manifested or communicated their awareness of facts and circumstances and a legal theory connecting those facts and circumstances to potential litigation involving the City, those facts and circumstances, together with (i) the identity of potential parties or (ii) related documentation, shall be disclosed prior to a closed session to discuss anticipated litigation, in accordance with GC 54956.9.

4.8 Nomination and Vote on City Council Appointments to City Commissions and Committees
12

4.8.1 Council votes on appointments to City Commission and Committees shall be according to the procedure for election of Mayor and Mayor Pro Tempore set forth in Section 4.2 above.
13 ATTACHMENT 2
RESOLUTION NO. 24-07

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE, CALIFORNIA, AMENDING POLICY AND PROCEDURE
1201-11 (CITY COUNCIL MEETING AND OPERATING PROCEDURES)

RELATED TO THE MAYOR AND MAYOR PRO TEMPORE TERMS AND

PUBLIC COMMENT ON CONSENT CALENDAR
WHEREAS, the City Council follows Policy and Procedure 1201-11 of the City Council Meeting and Operating Procedures (Parliamentary Procedures, Due Process, Mayor/Mayor Pro Tempore, Council Correspondence, Meetings, Agendas, and Minutes); and
WHEREAS, on November 7, 2023, the City Council adopted Ordinance No. 1762, which completed the process in transitioning from at-large to by-district elections for City Council and requires a change in Policy and Procedure 1201-11; and WHEREAS, at its meeting of December 5, 2023, the City Council made a minor modification to the term of the Mayor and Mayor Pro Tempore, which also requires a change in Policy and Procedure 1201-11; and
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

Section 1. That the above recitals and true and correct and incorporated herein as findings.

Section 2. That Policy and Procedure 1201-11 of the City Council Meeting and Operating Procedures (Parliamentary Procedures, Due Process, Mayor/Mayor Pro Tempore, Council Correspondence, Meetings, Agendas, and Minutes) is hereby amended as indicated in Exhibit 1 to this resolution, which is hereby incorporated fully by this reference (underlines indicate additions and strikeouts indicate deletions).

Section 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this ____ day of January 16, 2024.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
14 Resolution No. 24-07 Page 2

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-07 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of January 2024, 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
15 910 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: January 16, 2024 Agenda Item: 7L
Department: Finance and Administrative Services
Prepared By Hanne Thordahl, Human Resources Manager
Subject:
..titl e

CONSIDERATION OF A RESOLUTION APPROVING A REVISED HOURLY PART-TIME

SALARY SCHEDULE TO INCLUDE OCEAN LIFEGUARD I/II AND PARK RANGER I/II CLASSIFICATIONS ..body
Fiscal Impact:

There is no fiscal impact associated with the adoption of the Resolution; hourly part-time wages are included in the current budget.

Summary:

Before the City Council is a resolution adopting a revised hourly part-time salary schedule to include the revised hourly part-time classifications Ocean Lifeguard I and Ocean Lifeguard II and Park Ranger I and Park Ranger II that were updated by the contract amendment with the Board of Administration California Public Employee’s Retirement System (CalPERS) finalized on October 15, 2023.

Background:

The process to amend the CalPERS retirement contract was initiated on August 15, 2023 with the introduction of a resolution of intention approved by the City Council. The contract amendment updates the existing excluded positions of Ocean Lifeguard and Park Ranger with the revised classifications of Ocean Lifeguard I and Ocean Lifeguard II and Park Ranger I and Park Ranger II. The steps in the process dictated by CalPERS and the Government Code have been completed and the final executed amendment to the contract was received from CalPERS in November 2023. A resolution to approve the revised hourly part-time salary schedule to include the revised classifications needs to be formally adopted by the City Council. The updated job descriptions are provided as Attachment 2.

Council Options:
 Adopt Resolution No. 24-08, approving the revised hourly part-time salary schedule.  Continue the item with direction given to staff.
 Deny the Resolution.

Environmental Review/Analysis
Not a “project” under the California Environmental Quality Act. 1 Meeting Date: January 16, 2024 Agenda Item: 7L

CITY OF SAN CLEMENTE
Recommended Actions:

Staff recommends that the City Council adopt Resolution No. 24-08 to approve the revised hourly part-time salary schedule and approved the job descriptions for the classification series of Ocean Lifeguard I/II and Park Ranger I/II.
..recommendation
..end
Attachments:

1. Resolution No. 24-08

2. Job Descriptions: Ocean Lifeguard I/II and Park Ranger I/II ..end
Notification:

None.
2 Attachment 1
RESOLUTION NO. 24-08

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ADOPTING A REVISED

HOURLY PART-TIME SALARY SCHEDULE TO INCLUDE

OCEAN LIFEGUARD I/II AND PARK RANGER I/II AND
AMENDING RESOLUTION NO. 23-157 AND ANY OTHER

RESOLUTIONS IN CONFLICT THEREWITH
WHEREAS, Section 37206 of the Government Code requires the City Council to prescribe the time and method of paying salaries and wages of officers and employees of the City; and
WHEREAS, the process to amend the CalPERS retirement contract updating excluded classifications was initiated on August 15, 2023;
WHEREAS, the change to replace existing exclusions of “Ocean Lifeguards and Park Ranger” to provide for the exclusions of Ocean Lifeguard I, Ocean Lifeguard II, Park Ranger I, and Park Ranger II became effective on October 15, 2023; WHEREAS, the hourly part-time salary schedule needs to be revised and formally approved to include the changes.

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

Section 1. The foregoing recitals are true and correct and incorporated herein.

Section 2. Resolution No. 23-157 is hereby amended to make the following changes related to hourly part-time position classification pay ranges:
 Ocean Lifeguard I at Range 32
 Ocean Lifeguard II at Range 38
 Park Ranger I at Range 29
 Park Ranger II at Range 35
Section 3. The amended and restated Hourly Part-time Employees salary schedule attached hereto as Exhibit A and incorporated fully by this reference is hereby approved and shall be effective January 22, 2024.

Section 4. The revised job descriptions for Ocean Lifeguard I/II and Park Ranger I/II attached hereto as Exhibit B and incorporated fully by this reference are hereby approved.

Section 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
3 Resolution No. 24-08 Page 2
PASSED AND ADOPTED this _____ day of ____________________, _______.

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

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-08 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, 2024, 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
4 Resolution No. 24-08 Page 3

EXHIBIT A
City of San Clemente
Salary Schedule - Hourly Part-Time Positions

2.5% Between Ranges, 5.0% Between Steps
Adopted 1/16/2024; Effective 1/22/2024
Range
Number Title Step A Step B Step C Step D Step E
20 Golf Course Marshals $15.75 $16.54 $17.37 $18.24
Intern
Ocean Lifeguard Trainee
21 Recreation Leader I $16.14 $16.95 $17.79 $18.68
22 $15.75 $16.54 $17.37 $18.24 $19.15
23 $16.14 $16.95 $17.79 $18.68 $19.62
24 $16.54 $17.37 $18.24 $19.15 $20.11
25 Pool Lifeguard $16.95 $17.79 $18.68 $19.62 $20.60
Recreation Leader II
26 $17.37 $18.24 $19.15 $20.11 $21.11
27 Water Safety Instructor $17.79 $18.68 $19.62 $20.60 $21.63 28 Head Lifeguard $18.24 $19.15 $20.11 $21.11 $22.17
Recreation Leader III
29 Office Assistant I $18.68 $19.62 $20.60 $21.63 $22.71 Park Ranger I
30 $19.15 $20.11 $21.11 $22.17 $23.28
31 $19.62 $20.60 $21.63 $22.71 $23.84
32 Ocean Lifeguard I $20.11 $21.11 $22.17 $23.28 $24.44 33 $20.60 $21.63 $22.71 $23.84 $25.04
34 $21.11 $22.17 $23.28 $24.44 $25.66
35 Office Assistant II $21.63 $22.71 $23.84 $25.04 $26.29 Park Ranger II
36 $22.17 $23.28 $24.44 $25.66 $26.94
5 Resolution No. 24-08 Page 4
City of San Clemente
Salary Schedule - Hourly Part-Time Positions

2.5% Between Ranges, 5.0% Between Steps
Adopted 1/16/2024; Effective 1/22/2024
Range
Number Title Step A Step B Step C Step D Step E
37 Senior Office Assistant $22.71 $23.84 $25.04 $26.29 $27.60 38 Ocean Lifeguard II $23.28 $24.44 $25.66 $26.94 $28.29 39 $23.84 $25.04 $26.29 $27.60 $28.98
40 $24.44 $25.66 $26.94 $28.29 $29.71
41 $25.04 $26.29 $27.60 $28.98 $30.43
42 Ocean Lifeguard Supervisor $25.66 $26.94 $28.29 $29.71 $31.19 43 $26.29 $27.60 $28.98 $30.43 $31.95
44 $26.94 $28.29 $29.71 $31.19 $32.75
45 Cable Television Technician $27.60 $28.98 $30.43 $31.95 $33.55 46 $28.29 $29.71 $31.19 $32.75 $34.39
47 $28.98 $30.43 $31.95 $33.55 $35.23
48 $29.71 $31.19 $32.75 $34.39 $36.11
49 $30.43 $31.95 $33.55 $35.23 $36.99
6 Ocean Lifeguard I & II Series Page 1 of 4
Updated: April 2023 MGT Consulting
Previous update: 2015

CITY OF SAN CLEMENTE

OCEAN LIFEGUARD I/II
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.

DEFINITION
To observe swimmers in designated areas of the ocean and beach; to perform beach and ocean rescues, emergency medical treatment, and enforce laws, codes, and ordinances; to perform a variety of technical tasks relative to assigned area of responsibility.

SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from assigned supervisory or management staff.

ESSENTIAL FUNCTION STATEMENTS
Essential and other important responsibilities and duties may include, but are not limited to, the following:

Ocean Lifeguard I
• Observe swimmers or beach patrons from a beach tower to ensure maximum safety; provide emergency response to assigned water and beach areas; ; establishes command and control of, rescue, first aid, and aquatic and beach emergencies.
• Perform emergency rescues; perform first-aid measures, including Cardio Pulmonary Resuscitation (CPR) and Automatic External Defibrillation (AED), as necessary. • Locate lost or missing persons and assist coordination with reunification efforts. • Enforce laws, codes, and ordinances governing beaches and oceans. • Monitor, inventory, and inspect rescue equipment, lifeguard towers, and vehicles. • Maintain records on rescues, preventable actions, public education contacts, first aid rendered, ordinance enforcements, and document information in logbooks. • Interact professionally with the public; explain rules and regulations; provide information about beach condition.
• Collect lost and found property; maintain records on found property. • Remove hazardous objects or debris from beaches and ocean; maintain safe environment. • Locate and report injured/dead animals or marine life to lifeguard dispatch.

ATTACHMENT 2
7 Ocean Lifeguard I & II Series Page 2 of 4
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Previous update: 2015
• Assist with special events, as necessary.
• Work with Police, Fire, and other agencies as required. • Perform related duties and responsibilities as required.

Ocean Lifeguard II
• Includes all duties listed for Ocean Lifeguard I.
• Lifeguard an assigned area from a beach tower, pier tower and emergency response vehicle. • Operate specialized lifesaving equipment and perform various first aid practices of a highlyskilled nature. • Communicate and coordinate activities with full-time staff and supervisors; work closely with paramedics, firefighters, and law enforcement officers on routine and emergency calls. • Assist in oversight of lifeguard activities of subordinates on a limited basis in assigned area as directed.
• Operate communications equipment when assigned pier tower, including 800 MHz radios, phones, public address systems, VHF radio, and similar electronic equipment. • Perform minor repairs and preventative maintenance to vehicles and equipment.

QUALIFICATIONS
Knowledge of:

Principles and practices of ocean lifeguarding.

Pertinent Federal, State, and local laws, codes, and regulations.

California Harbor and Navigation regulations and California Fish and Game codes.

Occupational hazards and standard safety precautions.

Principles and practices of Public Safety First Aid including CPR/AED protocols.

Equipment and apparatus used in ocean lifesaving operations.

Public relations skills.

Procedures for record keeping.

Ability to:

Interpret and explain City policies and procedures.

Swim with endurance and proficiency at a level necessary to perform assigned duties.

Perform Public Safety First Aid procedures effectively, and efficiently in a professional manner.

Prepare clear and concise reports.

Communicate clearly and concisely, both orally and in writing.

Establish and maintain effective working relationships with those contacted in the course of work.

Maintain effective audio/visual discrimination and perception to the degree necessary for the successful performance of assigned duties.
8 Ocean Lifeguard I & II Series Page 3 of 4
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Previous update: 2015
Maintain mental capacity which allows the capability of making sound decisions and demonstrating intellectual capabilities.

Experience and Training Guidelines
Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Experience: Strong physical fitness, strength, and stamina, especially endurance swimming.

Training: Must successfully complete the following: City of San Clemente Ocean Lifeguard Academy, including CPR/AED, First Aid training for First Responders California Code of Regulations Title 22, and annual ocean lifeguard re-certification class.

Licenses or Certificates:

Possession of Title 22 Public Safety First Aid certificate.

Possession of an American Heart Association CPR/AED certificate for Health Care Provider.

USLA certified City of San Clemente 100-hour Ocean Lifeguard Academy Possession of, or ability to obtain, an appropriate, valid Class C California Driver’s License.

For Ocean Lifeguard II (in addition to above):

Training:

High School graduate or equivalent GED
Minimum of 1000 hours experience as a San Clemente City Ocean Lifeguard I or equivalent (evaluated on a case by case basis)
Licenses or Certificates:

Possession of or ability to obtain within one year of appointment – Valid Emergency Medical Technician Certification card issued by the State of California or County EMS.

WORKING CONDITIONS
Environmental Conditions:

Beach and ocean environment.

Physical Conditions:
(Must be performed with or without reasonable accommodations) • Work is performed in an outdoor beach and ocean environment requiring walking, standing, and/or sitting for extended periods of time
• Maintain physical condition necessary for swimming, running, walking, crouching, or crawling during emergency operations
9 Ocean Lifeguard I & II Series Page 4 of 4
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Previous update: 2015
• Maintain physical condition necessary to physically exert oneself during the course of water rescue, or other required activities
• Lifting and moving/carrying heavy equipment, materials, or individuals during the course of assigned duties
• Hearing and speaking to exchange information and to identify unsafe conditions • Visual acuity to scan beach and ocean environment and to identify unsafe conditions 10 Park Ranger I/II Page 1 of 3
Updated: April 2023 MGT Consulting
Previous update: 2018

CITY OF SAN CLEMENTE

PARK RANGER I/II
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.

DEFINITION
To maintain the City’s resources by preserving and protecting City parks, beaches, public spaces, and recreation facilities according to pertinent laws, ordinances, and regulations and to assist and provide information to the public in the use of these public spaces. Positions in the classification work early mornings, nights, evenings, weekends, and holidays as required. Some positions in this classification may require the ability to speak Spanish.

SUPERVISION RECEIVED
Receives immediate supervision from higher-level staff. Receives lead direction from the Park Ranger Supervisor or Senior Park Rangers as appropriate.

ESSENTIAL FUNCTION STATEMENTS
Essential and other important responsibilities and duties may include, but are not limited to the following:

Park Ranger I:
• Provide basic park maintenance.
• Monitor activities occurring at City parks, beaches, and public facilities to ensure adherence to proper land usage.
• Meet and greet park visitors and engage in a professional manner as needed to explain park policies, rules/regulations, procedures, and hours of operation.
• Assist with special events and programs as needed by providing beach escorts, ensuring permit conditions of approval are adhered to, etc.
• Adhere to a regular patrolling schedule to monitor and ensure parks and related facilities are properly maintained and used, including locking, and unlocking facilities and clearing all guests from beaches, parks, and public facilities prior to closing.
• Respond to and resolve concerns that arise from park visitors and address neighborhood concerns related to park usage with tact and diplomacy.
• Operate a City of San Clemente vehicle safely and legally. • Keep records, logs, and reports of assigned activities. • Perform related duties as assigned.
11 Park Ranger I/II Page 2 of 3
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Park Ranger II:
• Includes all duties listed for Park Ranger I.
• Enforce the City's municipal code and laws by writing citations to those in violation. Issue parking or Administrative citations or cite offenders for misdemeanors. • Evaluate any potential incidents or criminal activities and decipher when to report to the appropriate handling department/agency, i.e., Orange County Sheriff’s Department (OCSD), Coastal Animal Services Authority (CASA), Orange County Health Agency (OC Health), etc. Assist local enforcement personnel to address policy enforcement issues, as required. • Interact with the public who have personal property stored/located within the City’s designated Critical Facilities or Critical Use Areas to encourage/facilitate moving from these spaces. If necessary, assist with relocating property to restore access.
• Pursuant to the San Clemente Municipal Code, post abandoned/unattended property and if necessary, remove and store the property for 90 days to allow retrieval the by owner.

QUALIFICATIONS
Knowledge of:

Regulations, policies, and procedures governing activities on beaches, parks, and public facilities.

Basic park maintenance functions.

Recreation activities and rules, policies, and procedures governing the same.

Customer service techniques.

Conflict resolution techniques.

Problem-solving skills.

Defensive driving practices and techniques.

English usage, spelling, grammar, and punctuation.

The Spanish language (based on assignment).

Ability to:

Respond to requests and inquiries from the general public.

Provide basic park maintenance.

Understand and follow oral and written instructions.

Establish and maintain effective working relationships with those contacted in the course of work.

Work with a wide range of individuals and build relationships with other City departments/agencies who will be called upon to assist with resolving problems (e.g., Maintenance Services, OCSD, CASA) Exercise sound judgment and discretion in a variable and unpredictable environment.

Maintain accurate records and create accurate and detailed reports.

Work independently in the absence of constant, direct supervision.

Wear the approved City Park Rangers uniform while on duty and maintain the uniform, as needed.

Determine when it is appropriate to wear Personal Protective Equipment (PPE) in the course of their work.

Effectively apply rules and regulations governing recreation activities.

Safely operate a City vehicle, including adhering to safety guidelines when driving on the beach.

Communicate clearly and concisely, both orally and in writing.

Communicate in Spanish, based on assignment.
12 Park Ranger I/II Page 3 of 3
Updated: April 2023 MGT Consulting
Previous update: 2018
Experience and Training
Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Experience: Experience explaining and applying rules, regulations, and policies is preferred, but not required.

Training: Equivalent to the completion of the twelfth grade.

Licenses or Certificates: Possession of a current, valid California Class C driver's license.

For Park Ranger II (in addition to above: Ability to obtain a PC 832 Certificate within six months of employment.

Special Language Requirement
Based on the position, an individual may need to demonstrate an ability to effectively communicate in Spanish.

WORKING CONDITIONS
Environmental Conditions:

Outdoor City parks, public facilities, and beaches.

Subject to noise, heat, cold, and inclement weather conditions.

May be exposed to conditions associated with camping in public places.

Physical Conditions:
(Must be performed with or without reasonable accommodations) • Work is performed in an outdoor environment, requiring extensive walking, and standing • Moderate lifting, carrying, pushing, and/or pulling
• Stooping, kneeling, crouching, and/or crawling
• Hearing and speaking to exchange information and to identify unsafe conditions • Visual acuity to scan environment and to identify unsafe conditions 13 910 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: January 16, 2024 Agenda Item: 7M
Department: City Manager
Prepared By Andy Hall, City Manager
Subject:
..titl e
CONSIDERATION OF COUNCILMEMBER TRAVEL AND TRAINING EXPENSES ..body Fiscal Impact:

Up to $4,400 related to two Councilmembers’ attendance at the League of California Cities Mayors and Councilmembers Academy.

Summary:

In accordance with City Council Policy 1201-8, Attachments 1-2 detail anticipated expenses related to travel and training for City Councilmembers.

Background:

City Council Policy 1201-8 was adopted by the City Council to ensure that the full body of the City Council is aware of travel or training expenses. The policy indicates that any travel or training expense in excess of $250 will be placed on the consent calendar for consideration by the City Council. The full cost breakdown for the travel request is provided as Attachments 1-2 of this Administrative Report.

The requested travel and training expenses will be related to Mayor Cabral and Councilmember Knoblock attending the League of California Cities Mayors and Councilmembers Academy in Monterey, CA.

Council Options:
 Authorize travel and training expenses as detailed in Attachments 1-2.  Request additional information.
 Deny the request for travel and training.

Environmental Review/Analysis
Not a “project” under the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation
..recommendation
Authorize an expenditure of up to $4,400 related to City Councilmembers’ attendance at the League of California Cities Mayors and Councilmembers Academy. ..end
1 Meeting Date: January 16, 2024 Agenda Item: 7M

CITY OF SAN CLEMENTE
Attachment:

1. Itemized travel for Mayor Cabral

2. Itemized travel for Councilmember Knoblock
Notification:

None.
2 ATTACHMENT 1
Itemized Travel and Training Expenses
Councilmember Victor Cabral
Training/Conference League of California Cities Mayors & Councilmembers Academy Date(s) January 2024
Location Monterey, CA
Registration Fees $675
Flight/Travel Expense Estimated $600
Hotel Expense Estimated $800
Ground Transportation Estimated $200
Incidentals Estimated $225
Total Not to Exceed $2,500
3 ATTACHMENT 2
Itemized Travel and Training Expenses
Councilmember Steve Knoblock
Training/Conference League of California Cities Mayors & Council Members Academy Date(s) January 2024
Location Monterey, CA
Registration Fees $675
Flight/Travel Expense *
Hotel Expense Estimated $800
Ground Transportation Estimated $200
Incidentals Estimated $225
Total Not to Exceed $1,900
*flight expense covered by Orange County Mosquito and Vector Control due to conference in Monterey, CA 1/21/24-1/24/24.
4 910 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: January 16, 2024 Agenda Item: 8A
Department: City Clerk
Prepared By Laura Campagnolo, City Clerk
-
Subject:
..titl e
CONSIDERATION OF ADOPTION (SECOND READING) OF ORDINANCE NO. 1770 AMENDING SECTION 2.04.011 OF THE SAN CLEMENTE MUNICIPAL CODE TO MAKE

MODIFICATIONS TO THE DISTRICT MAP AND INTRODUCTION (FIRST READING) OF ORDINANCE NO.
..body
1771 REGARDING ELECTION SEQUENCING
Fiscal Impact:

None.

Summary:

The City has almost completed the districting process under Election Code section 10010.

Following a series of public hearings required by the California Voting Rights Act, on November 7, 2023, the City Council adopted Ordinance No. 1762, which established by-district elections for City Council and added Sections 2.04.010 through 2.04.012 to the San Clemente Municipal Code (SCMC). City Council also directed staff to return with an ordinance amending the map to include neighborhoods north of Trafalgar Canyon as part of the Pier Bowl in District 3, instead of District 4, and to include another consideration of Map 111.

At its meeting of December 5, 2023, the City Council introduced Ordinance No. 1770, which, if adopted, would make Map 111 the final district map. At that time, no changes were made or proposed to the election sequence, which was adopted by Ordinance No. 1762 on November 7, 2023. On December 5, 2023, the City Council also directed that staff return with the second reading of Ordinance No. 1770 and include a review of the election sequence for discussion.

If the City Council is satisfied with the Ordinance No. 1770 (Map 111), it should conduct a second reading and adopt the Ordinance. If the City Council would like to make changes to the final election sequence to match Map 111 consistent with Election Code section 10010(b), the City Council will want to consider introducing Ordinance No. 1771.

Current Election Sequence:

The current election sequence set forth in SCMC section 2.04.12 states that:

1. Councilmembers from Council Districts 3 and 4 shall be elected beginning at the General Municipal Election in November 2024, and every four years thereafter;

2. Councilmembers from Districts 1 and 2 shall be elected beginning at the General Municipal Election in November 2026, and every four years thereafter; and 1 Meeting Date: January 16, 2024 Agenda Item: 8A

CITY OF SAN CLEMENTE

3. The Mayor shall be elected beginning in November 2026 and every two years thereafter, with a life-time limit of three terms, and without the ability to run for Mayor again after completing three terms.

Elections Code section 10010(b) states that “[i]n determining the final sequence of the district elections…, the governing body shall give special consideration to the purposes of the California Voting Rights Act of 2001, and it shall take into account the preferences expressed by members of the districts.”
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. 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 by-district elections.

Following the timeline set forth in Resolution No. 23-85 and Election Code 10010, the City Council held two more public hearings and introduced an ordinance transitioning from at-large to by-district elections on October 17, 2023. On November 7, 2023, Council held its sixth public hearing and adopted Ordinance No. 1762 to transition to by-district elections.

During public testimony at the November 7, 2023 public hearing, a concern was raised that Map 109 (which includes Trafalgar Canyon in District 4, while the rest of the Pier Bowl is in District 3) does not accurately reflect the Pier Bowl specific plan. Following discussion, City Council directed Staff to return with a proposed amendment to Map 109 (Map 120) to certain neighborhoods in the Pier Bowl with Trafalgar Canyon as the boundary cut off. Map 120 was posted on the City website on November 16, 2023. Additionally, City Council directed that Staff return with Map 111 for additional consideration.

At its meeting of December 5, 2023, City Council introduced Ordinance No. 1770, amending SCMC section 2.04.011 to select Map 111 as the final District Map. Ordinance No. 1770 is now before the City Council for a second reading.

If the City Council would like to have districts come up for election according to the numbering of Map 111, the City Council will want to consider introducing Ordinance No. 1771, which would change the election sequence set forth in SCMC section 2.04.12 to the following:

1. Councilmembers from Council Districts 2 and 3 shall be elected beginning at the General Municipal Election in November 2024, and every four years thereafter; and

2. Councilmembers from Districts 1 and 4 shall be elected beginning at the General Municipal Election in November 2026, and every four years thereafter.

Such a final election sequence would take into account the preferences expressed by the members of those districts through previous elections and would be consistent with Elections Code section 10010(b).
2 Meeting Date: January 16, 2024 Agenda Item: 8A

CITY OF SAN CLEMENTE
Legal Requirements:

In considering any proposed district map, the City Council should evaluate whether it meets legal requirements, specifically:

1. Following or concurrent with the decision to establish district-based elections for a legislative body, or following each federal decennial census for a legislative body that is already elected using district-based elections, the districting body shall, by ordinance or resolution, adopt boundaries for all of the election districts of the legislative body so that the election districts shall be substantially equal in population as required by the United States Constitution. (a) Population equality shall be based on the total population of residents of the local jurisdiction as determined by the most recent federal decennial census for which the redistricting data described in Public Law 94-171are available. (b) Notwithstanding paragraph (1), an incarcerated person, as that term is used in Section 21003, shall not be counted towards a local jurisdiction's population, except for an incarcerated person whose last known place of residence may be assigned to a census block in the local jurisdiction, if information about the last known place of residence for incarcerated persons is included in the computerized database for redistricting that is developed in accordance with subdivision (b) of Section 8253 of the Government Code, and that database is made publicly available.

2. Each council district shall be drawn in a manner that complies with the United States Constitution, the California Constitution, and the Federal Voting Rights Act of 1965. (a) Consistent with the districting body's existing obligations under the federal Voting Rights Act, the districting body shall determine whether it is possible to create an election district or districts in which a minority group is sufficiently large and geographically compact to constitute a majority in a single-member district, as set forth in Thornburg v. Gingles (1986) 478 U.S. 30, and as interpreted in case law regarding enforcement of the federal Voting Rights Act with respect to redistricting. The districting body shall publish on its redistricting web page, at a minimum, the results of its analysis within seven days of completing the analysis or prior to adopting election district boundaries, whichever occurs first.
(b) If the districting body, consistent with its existing obligations under the federal Voting Rights Act, conducts an analysis to determine whether "racially polarized voting," as defined in case law regarding enforcement of the federal Voting Rights Act, exists in the local jurisdiction, the districting body shall publish on its redistricting web page, at a minimum, a summary of its analysis and findings within seven days of completing the analysis or prior to adopting election district boundaries, whichever occurs first.

3. 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.

4. 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 3 Meeting Date: January 16, 2024 Agenda Item: 8A

CITY OF SAN CLEMENTE
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.

5. 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.

6. 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.

7. Where doing so does not conflict with higher-ranked criteria or applicable law, the City Council may consider other traditional principles in the development of districts.

Council Options:
 Conduct a second reading and adopt Ordinance No. 1770, which would adopt Map 111 as the final district map effective with the November 2024 election.  Modify Ordinance No. 1770 and introduce and conduct a first reading of the ordinance as modified.
 Introduce and conduct a first reading of Ordinance No. 1771, which would change the election sequence in SCMC section 2.04.12 to match Map 111.
 Direct Staff to return to City Council with additional information.  Take no action, which would leave SCMC section 2.04.12 in place as adopted.

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

Recommended Actions:

Staff Recommendation ..recommendation

1. Conduct a second reading of and adopt Ordinance No. 1770 entitled “AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION 2.04.011 OF THE SAN CLEMENTE MUNICIPAL CODE TO REVISE THE DISTRICT ELECTION MAP,” which has Map 111 as Exhibit A to the Ordinance.

And

2. Introduce and conduct the first reading of Ordinance No. 1771 entitled AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION 2.04.012 RELATED TO DISTRICT ELECTION SEQUENCING. ..end
4 Meeting Date: January 16, 2024 Agenda Item: 8A

CITY OF SAN CLEMENTE
Attachments:

1. Ordinance No. 1770 with Map 111 as Exhibit A (which is up for adoption).

2. Ordinance No. 1762 (which is the current ordinance and sets forth current election sequencing).

3. Ordinance No. 1771 (which would amend the election sequencing to match Map 111 and could be introduced for a first reading).

Notification:

Publication in the Orange County Register on January 5, 2024. 5 ORDINANCE NO. 1770

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, AMENDING SECTION 2.04.011 OF

THE SAN CLEMENTE MUNICIPAL CODE TO REVISE THE

DISTRICT ELECTION MAP
WHEREAS, the City of San Clemente adopted Ordinance No. 1762 on November 7, 2023 formally transitioning from an at-large election system to by-district elections with four districts and an elected Mayor and selecting Map 109 as the adopted district map; 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, at its regular meeting of December 5, 2023, the City Council held a duly noticed public hearing and received and considered public testimony and all other information presented before or during the public hearing regarding Map 109 and alternate maps; and WHEREAS, Map 111 meets all the requirements of state and federal law and was posted on October 10, 2023 on the City’s website for public consideration at least seven (7) days before the introduction of this Ordinance; and
WHEREAS, it is the considered the view of the City Council that Map 111, attached hereto as Exhibit A and incorporated into this Ordinance by reference, will serve the best interests of the City of San Clemente.

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

Section 1: INCORPORATION OF RECITALS.

The above recitals are true and correct and incorporated into this Ordinance as findings.

Section 2: AMENDMENT TO SECTION 2.04.011 OF THE SAN CLEMENTE MUNICIPAL CODE.

Exhibit A (Map 109) to Section 2.04.011 of the San Clemente Municipal Code is hereby stricken in its entirety and replaced by Map 111, which is attached to this Ordinance as Exhibit A and incorporated fully herein by this reference.

Attachment 1
6 Section 3: 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 4: 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 5: 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 6: INTERPRETATION
In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be interpreted in a manner that effectively accomplishes its stated purposes.

Section 7: 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.

APPROVED AND ADOPTED this _____day of _________________, ________.

ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California 7

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. 1770 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
8 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
Exhibit A
9 ] Map 111
j
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
10 I
I
I
I
I
Mamitude For Redistricting
Attachment 2
11 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 Tern 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 WH EREAS, 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 12 Ordinance No. 1762 Page 2
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 NOC, in addition to those already published on September 21 , 2023 , together with potential sequences of elections for each of those maps; and
13 Ordinance No. 1762 Page 3
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 NOC , 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 map 109, 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.
14 ---------------- - -
Ordinance No. 1762 Page 4
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 3 and 4 shall be elected beginning at the General Municipal Election in November 2024, and every four years thereafter.
15 r - ----- ----------------------------
Ordinance No. 1762 Page 5
A. Consistent with Section 2.04.11 , the Mayor shall be elected beginning in 2026 and every two years after, and Councilmembers from Council Districts 1 and 2 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. 16 Ordinance No. 1762 Page 6
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 7th of November, 2023.

City Clerk of the City of
San Clemente, California
Mayor of the City of sarF--
Clemente, California
17 Ordinance No. 1762 Page 7
•

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. 1762 having been regularly introduced at the meeting of October 17, 2023, 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 7th day of November, 2023, and said ordinance was adopted by the following vote:

AYES: CABRAL, KNOBLOCK, LOEFFLER
NOES: ENMEIER, MAYOR DUNCAN
ABSENT: NONE
ty of
nia
18 Ordinance No. 1762 EXHIBIT A
Districting 2023
City of San Clemente •
Map 109 cam oel Rio
0 -
©2021 CALIPER
\
\
\
\
\
\
\

fJ
19 Ordinance No. 1762
Map 109
Distrtct 1 2 I 3 I 1-----------1------------r---------- Total Pop 15,611 16,772 j 16,118 I t-----------t---D-e-v-ia_li_o_n_rr_o_m_id_e_a_l __ +-_-4_8_5 _____ 6_7_6 __ 1 22 Total Pop
% Deviation
% Hisp
% NH White
% NH Black
-3.01% 4.20%
16%
71 %

0.14%
28%
64%
f 2% 1%
4 I Total
1s.882 I 64,384
-214 1,161

7.22%
15%
76%
1%
% Asian-American
13%
75%
1%
7% I a% 4% I 4% I
18%
71%
1%
6%
1------To_t_a1 ____ -+-_1 _1._7s_a __ l:. _1_1_, 1_9_3_ : __ 12_.0_1_2_ 1:-_ 1_2._7_23_1_ 4_7_,6_8_6~ %Hisp 13% 1 16% 11% I Citizen Voting Age Pop % NH \/Vhite % NH Black
% Asian/Pac.Isl.
10%
81 %
0%
8%
74t>/o 1 76% 79% r f--- --
5% I 2% 2% '
7% r 6% 5%
12%
78%
2%
6%
1-----T_ot_a_1 ----1---1_1_.8_s8 ____ 1_0_.4_1_6_ j ___ 9_.7_9_1 __ : __ 1_1_,9_6_s ...... 1_ 44_ .o_3_o~ J
Voter Registration
(Nov2020)
Voter Turnout
(Nov2020)
% Latino est.
% Spanish-Surnamed
% Asian-Surnamed
% Filipino-Surnamed
% NH White est. --------- % NH Black
Total
% Latino est.
% Spanish-Surnamed
% Asian-Surnamed
% Filipino-Surnamed
% NH Wille est.
% NH Black
Total
7%
7%
3%
8%
8%
3%
1% f_1%
89% %
0%
10,836
7%
7%
3%
1%
89%
0%
2%
9,370
8%
8%
3%
1%
86%
2%
13%,
13%
2%
1%
84%
r,-;;.

I 8.s27
12%
11%
2%
1%
85%
1%
8,444 I 6.a82 I s.801
8%
8%
2%
1%
89%
9%
9%
2% f1%
87%
0% 1%

10.716 I 39.449
7%
2%
0%
90%
0%
8,032
8%
2%
1%
l as'"°
I 1%
I 29.1s9
Voter Turnout
(Nov 2018)
1-----------+----~---- % Latino est.
% Spanish-Surnamed
% Asian-Surnamed
% Filipino-Surnamed
% NH \/V'hite est.
6%
6%
2%
1%
7%
6%
3%
1%
~ 10%
r 1%
0%
1-6'¾_, -+--7_%--1 6% 7%
1% 2% - 0% 0'%
ACS Pop. Est.

Age
Immigration
% NH Black est.

Total
age0-19
age20-60
age60plus
immigrants
naturalized
english
spanish
90%
0%
16,008
26%
46%
28%
12%
77%
86%
88%
2%
16,584
1 _ 33%
49%
18%
10%
77%
86%
87%
r 1% t 91%
0%
I 1s.943 l 1s.889
~ - ~ L ss% t 49%
( 2s% I 31%
5% 5% 16% 8%
89%
1%
64,424
24%
50%
26%
11%
69%
84%
9% Language spoken at home
_ 76% i 88%
1 % L 2% -3,-1/, t ~ r - 2-% -=
other lang 8% 7% 5% 2% r 5%
asian-lang
~--La_n_g_u_a_ge_ F_lu_e_nc_Y __ -+s_p_•_•k_s_E_n_g_. '_'L_es_s_th_•_n_v_e_ry_w_el_l"+--4-'¾_,_~ __ 2_'¾_, __ 1 __ 7_% __ 1:.--4-% __ 1.,. __ 4_%_-I hs-grad _4_3_% I 38% I 47%
Education
(among those age 25+)
Child in Household
Pct of Pop. Age 16+
Household Income
Housing Stats
____ b_a_ch_elor __ 30% ~ j 25%
graduatedegree 23% 23% ~
child-under18 36% I 45% I 22%
employed 62% I 67% I 68%
11 %
47%
29%
19%
24%
62%
____ 11 % in_co_m_e_ o_~_S_k ___ 0 __ 8_'_¼_+ 7%
income25-50k 8% 8% L 14% ~
44%
30%
21%
31%
I 65%
income 50-75k 6% r 7% 15%, __f__ 8% 9%
1 ___ i_n_co_m_e_ 75_-_2_oo_k __ -_--1 __ -_4_2_% __ _,_ __ 4_1_%_ f 43% ,...._ 3'1/, -- , - income 200k-plus 36% 36% 17% 29% 29%
single family _ 95% ~0% _ so_'¾_, I 70% 71 %
multi-family __ __ s_•_v,_ 1 20% t 50% 30% 29%
rented 15% 23% 57% 37% 35% -- - owned 84% 77% 43% 63% 65% Tolal population dale from lhe Caltlomia adjustment to the 2020 Decennial Census.

Surname-based Voter Regislration and Turnout data from tt,e California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counls adjusted using Census Population Department undercount estimates. NH White and NH Black re gistration and turnout counts estimated by NOC. Citizen Voting Age Pop .. Age, Immigration, and 0U1er demographics from the 2017-2021 American Community Survey and Special Tabulation 5-year data,
Maptitude for Rldatncllns 09/20/2023 21:18

Attachment 3

ORDINANCE NO. 1771

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, AMENDING SECTION 2.04.012 OF

THE SAN CLEMENTE MUNICIPAL CODE RELATED TO

DISTRICT ELECTION SEQUENCING
WHEREAS, the City of San Clemente adopted Ordinance No. 1762 on November 7, 2023 as part of the process in transitioning from an at-large election system to by-district elections with four districts and an elected Mayor pursuant to Elections Code section 10010; 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, at its regular meeting of December 5, 2023, the City Council held a duly noticed public hearing and received and considered public testimony and all other information presented before or during the public hearing regarding Map 109, Map 111 and alternate maps, and introduced Ordinance No. 1770, which included Map 111 as the final district map; and WHEREAS, at its regular meeting of January 16, 2024, the City Council held a duly noticed public hearing and received and considered public testimony and all other information presented before or during the public hearing, and conducted a second reading of and adopted Ordinance No. 1770 and Map 111; and
WHEREAS, Elections Code section 10010(b) states in relevant part that “[i]n determining the final sequence of the district elections…, the governing body shall give special consideration to the purposes of the California Voting Rights Act of 2001, and it shall take into account the preferences expressed by members of the districts”; and WHEREAS, amending the election sequencing set forth in San Clemente Municipal Code (SCMC) section 2.04.12 to match Map 111 will further the purposes of the California Voting Rights Act of 2001, will take into account the preferences expressed by the members of those districts through previous elections, is consistent with Elections Code section 10010(b) and will serve the best interests of the public and the City.

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

Section 1: INCORPORATION OF RECITALS.

The above recitals are true and correct and incorporated into this Ordinance as findings.

Section 2: AMENDMENT TO SECTION 2.04.012 OF THE SAN CLEMENTE MUNICIPAL CODE.
20 Ordinance No. 1771 Page 2
Section 2.04.012 of the San Clemente Municipal Code is hereby stricken in its entirety and replaced with the following:

2.04.12 Election Schedule for Councilmembers Elected By-District A. Consistent with Sections 2.04.010 and 2.04.011, Councilmembers from Council Districts 2 and 3 shall be elected beginning at the General Municipal Election in November 2024, and every four years thereafter.

B. Consistent with Section 2.04.011, the Mayor shall be elected beginning in 2026 and every two years after, and Councilmembers from Council Districts 1 and 4 shall be elected beginning at the General Municipal Election in November 2026, and every four years thereafter.

Section 3: COMPLETION OF DISTRICTING PROCESS
The effectiveness of this Ordinance shall be deemed to complete the districting process set forth in Elections Code section 10010.

Section 4: 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 5: 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 6: INTERPRETATION
In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be interpreted in a manner that effectively accomplishes its stated purposes. 21 Ordinance No. 1771 Page 3
Section 7: 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.

APPROVED AND ADOPTED this _____day of _________________, ________.

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

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. 1771 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
22 Meeting Date: January 16, 2024

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
Department: Community Development
Prepared By Adam Atamian, Community Development Director Subject:
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Agenda Item: 8B

INTRODUCTION (FIRST READING) OF COMMERCIAL AND RECREA T/ONAL VEHICLE

PARKING ORDINANCE AND FINDING THE ORDINANCE NOT SUBJECT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Fiscal Impact:

None; the proposed ordinance only modifies existing parking regulations.

Summary:

Based on direction from the City Council provided at its meeting of February 21, 2023, City staff, in consultation with Orange County Sheriff's Department staff, prepared an ordinance to better regulate parking of commercial, recreational, and wide vehicles and trailers. The proposed ordinance was reviewed by the Public Safety Committee at its meeting of February 28, 2023, which recommends its introduction. The proposed ordinance is provided as Attachment 1.

If the ordinance is adopted, the most significant changes to the City's current regulations on parking for these types of vehicles would include reducing the hours commercial vehicles can park at night, modifying the maximum allowable duration for recreational vehicles to park on City streets without a permit from five hours to four hours, and prohibiting recreational vehicles from parking overnight along the alley adjacent to the Municipal Golf Course.

Background:

At its meeting of February 21, 2023, the City Council, in response to multiple complaints about the long-term parking of recreational vehicles, directed the Public Safety Committee to review the City's existing parking regulations related to recreational vehicles and forward a recommendation to the City Council for opportunities to improve such regulations. The minutes from that meeting are provided as Attachment 2.

At its meeting of February 23, 2023, the Public Safety Committee reviewed the City's existing municipal code pertaining to recreational vehicle parking, as well as ordinances from multiple nearby cities. These cities included Aliso Viejo, Carlsbad, Dana Point, Huntington Beach, Irvine, Lake Forest, Laguna Beach, Rancho Santa Margarita, Laguna Niguel, Newport Beach, Mission Viejo, Oceanside, and Seal Beach. The minutes from that meeting are provided as Attachment 3.

After reviewing these ordinances, the Public Safety Committee recommends that the City Council revise the San Clemente Municipal Code utilizing regulations based on the Dana Point Ordinance. The Dana Point Ordinance was determined by the Committee to be the most robust

CITY OF SAN CLEMENTE
1 Meeting Date: January 16, 2024 Agenda Item: 8B
in addressing commercial, recreational, and trailer parking and provides clear parameters for parking such vehicles, making enforcement more effective than the City's current regulations.

At its meeting of July 18, 2023, staff presented this item to the City Council for consideration, along with a text amendment related to the San Clemente Municipal Code (SCMC) definition of "commercial vehicle." However, at that meeting, concerns were raised about the proposed ordinance and the City Council directed staff to bifurcate the proposed ordinance and return this item after clarifying enforcement and other language in the ordinance. The minutes from that meeting are provided as Attachment 4.

At its meeting of December 5, 2023, staff requested that the City Council continue this item to the January 16, 2024 meeting, to provide staff additional time to address other concerns that were raised. Staff believes that all concerns have now been addressed.

The proposed ordinance would replace San Clemente Municipal Code (SCMC) Section

10.28.230 in its entirety. A copy of the existing regulations contained in SCMC 10.28.230 are provided as Attachment 5.

The proposed ordinance makes a number of changes to incorporate Dana Point's ordinance into the SCMC, such as formatting, adjusting language, and making the proposed regulations internally consistent with the SCMC. Additionally, some of the regulations in Dana Point's ordinance were revised to retain more restrictive regulations currently contained in the SCMC.

The most significant changes to the City's current regulations that would result from adoption of the proposed ordinance consist of the following:

1. Parking for commercial vehicles on City streets would remain prohibited overnight; however, the hours when parking commercial vehicles would be prohibited would expand to 10:00 p.m. to 6:00 a.m. Currently commercial vehicle parking is prohibited between midnight and 5:00 a.m.

2. Recreational vehicle parking, including parking for trailers, on City streets and in public parking lots, would no longer be permitted for up to five hours without a City-issued permit. The proposed regulations would instead require a City-issued parking permit for any parking of these types of vehicles in public for more than four hours, and would be allowed up to 72 hours with a permit. The permit process remains generally the same in the proposed ordinance due to staff's recommended modifications to retain aspects of the current SCMC that stipulate provisions of the permit related to the minimum time allowed between the issuance of permits and the time between the "loading" and "unloading" periods provided by these permits.

3. Recreational vehicles would be prohibited from parking between the hours of 10:00 p.m. and 6:00 a.m. on the western portion of the City's Municipal Golf Course property (Assessor's Parcel Number 060-010-08) adjacent to the alley between East Avenida San Gabriel and East Avenida Magdalena, unless a City-issued parking permit is obtained by the owner of an adjacent residential property.

CITY OF SAN CLEMENTE 2
Meeting Date: January 16, 2024 Agenda Item: 8B

4. With the proposed ordinance, SCMC Section 10.28.150 - Parking trailers, etc., on streets, is recommended to be deleted in its entirety. This existing section of code would become duplicative with the regulations contained in the proposed ordinance, and staff recommends its deletion.

5. Wide vehicles are currently not regulated in the SCMC. The proposed ordinance would add limitations on the parking of wide vehicles on narrow streets and prohibits such parking between 8:00 p.m. and 6:00 a.m.

6. New definitions related to recreational vehicles, buses, and trailers would be added to SCMC

10.04.01 0 - Definitions.

City staff also conducted a survey of surrounding southern California cities' regulations related to the parking of commercial and recreational vehicles. The findings of this survey, provided in Attachment 6, indicate that the commercial vehicle parking regulations in other cities surveyed are generally consistent with the proposed ordinance. While there are some differences between municipalities in the regulation of recreational-vehicle parking, it is generally restricted. However, the method used to restrict recreational vehicle parking in other cities is often a limitation on overnight hours, which allows for all-day parking outside of these hours, subject to any locationspecific parking restrictions. The proposed ordinance provides regulations that address the parking of recreational vehicles throughout the day, limiting it to a maximum of four hours and requiring the vehicles to be moved at least one-half mile after four hours.

Council Options:
• Introduce and conduct a first reading of Ordinance No. 1763. • Modify and then introduce Ordinance No. 1763.
• Do not introduce Ordinance No. 1763.
• Continue the Item and direct staff to provide additional information.

Environmental Review/Analysis:

The proposed ordinance does not qualify as a "project" because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, § 15378(a).) The language merely modifies existing restrictions and prohibitions, absent an applicable exception, regarding the parking of commercial, recreational, and oversize vehicles on public property. In the alternative, the City Council can determine that the proposed ordinance falls within the "common sense" exemption set forth in State CEQA Guidelines section 15061, subdivision (b)(3), which exempts activity from CEQA where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the en\/ironment." Here, it can be seen with certainty that there is no possibility that the proposed ordinance may have a significant effect on the environment because the proposed ordinance simply modifies existing restrictions and prohibitions regarding the parking of commercial, recreational, and oversize vehicles on public property; the proposed ordinance will not result in any development or in any new activity with the potential to impact the environment.

CITY OF SAN CLEMENTE
3 Meeting Date: January 16, 2024 Agenda Item: 8B
Recommended Actions:

The Public Safety Committee and Staff Recommend that the City Council introduce and conduct a first reading of Ordinance No. 1763 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CHAPTERS 10.04 AND 10.28 OF TITLE 10 (VEHICLES AND TRAFFIC) OF THE SAN CLEMENTE MUNICIPAL CODE RELATING

TO THE PARKING OF COMMERCIAL, RECREATIONAL, AND WIDE VEHICLES AND

TRAILERS ON PUBLIC PROPERTY AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT."
Attachment:

1. Proposed Ordinance No. 1763 to add definitions to the San Clemente Municipal Code Section

10.04.010, replace San Clemente Municipal Code Section 10.28.230, and delete San Clemente Municipal Code Section 10.28.150

2. City Council Meeting Minutes of February 21 , 2023

3. Public Safety Committee Meeting Minutes of February 28, 2023

4. City Council Meeting Minutes of July 18, 2023

5. Existing San Clemente Municipal Code Sections 10.28.150 (recommended for deletions) and

10.28.230 (recommended for replacement)

6. Southern California Cities' Comparison Survey
Notification:

Public notice published in the San Clemente Times.

CITY OF SAN CLEMENTE 4
ATTACHMENT 1
ORDINANCE NO. 1763

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AMENDING CHAPTERS

10.04 AND 10.28 OF TITLE 10 (VEHICLES AND TRAFFIC)

OF THE SAN CLEMENTE MUNICIPAL CODE RELATING

TO THE PARKING OF COMMERCIAL, RECREATIONAL,

AND WIDE VEHICLES AND TRAILERS ON PUBLIC

PROPERTY AND FINDING THE ORDINANCE NOT

SUBJECT TO THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
WHEREAS, the City of San Clemente, California ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City has received, and continues to receive, numerous complaints about the illegal parking of recreational and commercial vehicles, including but not limited to, parking on City streets, parking lots, and other areas of the public right-of-way, during times of restricted parking, and parking for a duration of time which exceeds the maximum parking time for such vehicles; and
WHEREAS, the City has received, and continues to receive, numerous complaints regarding nuisances associated with the parking of recreational vehicles that impact, or have the potential to impact, the public health, welfare, and safety. Such nuisance issues relate to the dumping of "grey water" into the City's storm drain system, the dumping of trash and debris, originating from within recreational vehicles, onto City streets, parking lots, and other areas of the public right-of-way; and
WHEREAS, the City Council desires to maintain, and increase, current levels of public access to the City's beaches and coastal areas. For that effort, this ordinance is intended to improve the City's parking enforcement capabilities to ensure parking for recreational vehicles is made available to all on a consistent, recurring basis and that parking of such vehicles is not abused in a manner that restrict others from utilizing it or otherwise cuts off access to the City's beaches and coastal areas; and WHEREAS, additionally, improving enforcement of parking is anticipated to help address water-quality violations and other impacts to the cleanliness of the City's streets and storm drain system through enforcement against long-term parking of recreational vehicles and the nuisances that they create and perpetuate; and WHEREAS, at its meeting of February 21, 2023, the City Council, in response to multiple complaints about the long-term parking of recreational and oversize vehicles, directed the Public Safety Committee to review the City's existing parking regulations related to recreational vehicles and forward a recommendation to the City Council for opportunities to improve such regulations; and
5 Ordinance No. 1763 Page 2
WHEREAS, at its meeting of February 28, 2023, the Public Safety Committee reviewed the City's existing code pertaining to recreational vehicle parking, as well as ordinances from multiple nearby cities, and recommended that the City Council revise the San Clemente Municipal Code to better regulate recreational, commercial, and wide vehicles; and
WHEREAS, City staff, in consultation with the Orange County Sheriff's Department staff, prepared an ordinance based on the Public Safety Committee's recommendations for the City Council's consideration at a duly noticed public hearing on December 5, 2023; and
WHEREAS, on December 5, 2023, the City Council held a duly notice public hearing and heard and considered the staff report and all public comment and testimony; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

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

Section 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated as findings as if fully set forth herein.

Section 2. CEQA. Based on substantial evidence in the record as a whole, the City Council finds that this Ordinance is not a "project" subject to the California Environmental Quality Act (CEQA). The Ordinance does not qualify as a project because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines,§ 15378, subd. (a).) The language merely modifies existing restrictions and prohibitions, absent an applicable exception, regarding the parking of commercial, recreational, and oversize vehicles on public property. In the alternative, the City Council finds that the Ordinance falls within the "common sense" exemption set forth in State CEQA Guidelines section 15061, subdivision (b)(3), which exempts activity from CEQA where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." Here, it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment because the Ordinance simply modifies existing restrictions and prohibitions regarding the parking of commercial, recreational, and oversize vehicles on public property; the Ordinance will not result in any development or in any new activity with the potential to impact the environment.

Section 3. Code Amendment. The following definitions, underlined, are hereby added to Section 10.04.010 - Definitions, of the San Clemente Municipal Code, with existing definitions to be renumbered and Section 10.04.010 to read in its entirety as follows:
6 Ordinance No. 1763 Page 3
A. ..... Whenever any words or phrases used in this Title are not defined, but are defined in the Vehicle Code of the State of California and amendments thereto, such definitions shall apply.

B ...... The following words and phrases when used in this title shall, for the purpose of this title, have the meanings respectively ascribed to them in this section.

1. "Bus" shall have the meaning set forth in California Vehicle Code Section 233.

2. "Camp trailer" shall have the meaning set forth in California Vehicle Code Section 242.

3. "Camper" shall have the meaning set forth in California Vehicle Code Section 243.

4. "Coach" means any motor bus, motor coach, trackless trolley, or passenger stage used as a common carrier of passengers. ~ "Commercial vehicle" means any vehicle meeting the definition of "Commercial Vehicle" in Section 260 of the California Vehicle Code, as that definition may be amended from time to time; provided, however, that for the purposes of this chapter no "Pick Up Truck," as that term is defined in California Vehicle Code Section 471 , shall be considered a commercial vehicle unless: (1) goods, wares, or property of a commercial nature loaded thereon extend above the
manufacturer's box; or (2) the standard bed of the vehicle has been replaced with a utility or stake bed over eighty (80) inches in width; or (3) the vehicle has been modified to include a rack extending over the length of the vehicle's bed which currently has goods or wares of a commercial nature, with the exception of ladders that do not extend beyond the horizontal limits of the vehicle, stored thereon.

6. "Council" means the Council of the City of San Clemente.

L "Curb" means the lateral boundary of the roadway, whether such curb is marked by curbing construction or not so marked; the word "curb" as used in this title shall not include the line dividing the roadway of a street from parking strips in the center of a street, nor from tracts or rights-of-way of public utility companies.

8. "Divisional island" means a raised island located in the roadway and separating opposing or conflicting streams of traffic.
~ Holidays. Within the meaning of this title, "holidays" means the first day of January, the twelfth day of February, the twenty-second day of 7 Ordinance No. 1763 Page 4
February, the thirtieth day of May, the fourth day of July, the first Monday in September, the ninth day of September, the twelfth day of October, the eleventh day of November, the twenty-fifth day of December, and Thanksgiving Day. If the first day of January, twelfth day of February, twenty-second day of February, the thirtieth day of May, the fourth day of July, the ninth day of September, the twelfth day of October, the eleventh day of November, or the twenty-fifth day of December falls on a Sunday, the Monday following is a holiday.

10. "House car" shall have the meaning set forth in California Vehicle Code Section 362.

11.:. "Loading zone" means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.

12. "Recreational vehicle (RV)" shall have the meaning set forth in California Health and Safety Code Section 18010.

13. Official Time Standard. Whenever certain hours are named in this title, they shall mean standard time or daylight saving time, as may be in current use in this City.

14. "Parkway" means that portion of a street other than a roadway or a sidewalk.

15. "Parking meter" means a mechanical device installed within or upon the curb or sidewalk area immediately adjacent to a parking space, for the purpose of controlling the period of time occupancy of such parking meter space by any vehicle.

16. "Passenger loading zone" means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.

17. "Pedestrian" means any person afoot.

18. "Police officer" means every officer of the Police Department of this City or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

19. "Stop," when required, means complete cessation of movement.

20. "Trailer" shall have the meaning set forth in California Vehicle Code Section 630.
8 Ordinance No. 1763 Page 5
21 . "Trailer bus" shall have the meaning set forth in California Vehicle Code Section 636.

22. "Trailer coach" shall have the meaning set forth in California Vehicle Code Section 635.

23. "Vehicle Code" means the vehicle code of the State of California.

24. "Wide vehicle" shall mean and refer to any vehicle that has a width that is in excess of eighty (80) inches (excluding side view mirrors).

Section 4. Code Amendment. Section 10.28.230 of the San Clemente Municipal Code is hereby deleted and replaced in its entirety and shall read as follows:

Section 10.28.230 - Commercial, Wide Vehicle and Trailer Parking Restricted
A. Wide Vehicles. The following regulations shall apply to all wide vehicles:

1. Between the hours of 8:00 p.m. and 6:00 a.m., no person shall park any wide vehicle, other than to make deliveries or repairs of an emergency nature on either the wide vehicle itself or to the adjacent properties, on any of the following described street locations:
a. Any public street or cul-de-sac, which has a curb width of fortyfour ( 44) feet or less. b. Any street on which a traffic lane line has been painted where the distance between the painted lane line or centerline and the nearest part of the wide vehicle is eleven (11) feet or less.

B. Commercial Vehicles. The following regulations shall apply to all commercial vehicles:

1. No person shall park or leave stopped or standing any commercial vehicle between the hours of 10:00 p.m. and 6:00 a.m. on any City street, designated publicly used parking lots or alley except for the purpose of actively loading, unloading, or servicing the property immediately adjacent to the commercial vehicle.

2. No person shall park a commercial vehicle on a City street, designated publicly used parking lot or alley for over two (2) hours between the hours of 6:00 a.m. and 10:00 p.m. This Subsection shall not preclude the parking of one (1) commercial vehicle used for business and parked rmmediately adjacent to the property to which the commercial vehicle is registered, provided the size of the commercial vehicle does not violate any other regulations contained within this code, or the California Vehicle Code, regulating the size of vehicles or the locations or times where commercial vehicles are prohibited from parking.
9 Ordinance No. 1763 Page 6

3. Subsections (1) and (2) of this section shall not apply to any of the following:
a. Any commercial vehicle then currently involved in the construction, reconstruction, maintenance, or repair of any street, designated publicly used parking lot or alley upon which the commercial vehicle is parked or any development occurring directly in front of that property; or
b. Any commercial vehicle employed by any governmental entity or public utility which is used for urgent response purposes including, but not limited to, ambulances and utility repair vehicles.

C. Recreational Vehicles (RV), Buses, Camp Trailers, Trailers, Campers, House Cars, Trailer Buses, and Trailer Coaches. The following regulations shall apply to RVs, Buses, Camp Trailers, Trailers, Campers, House Cars, Trailer Buses, and Trailer Coaches. It is the intent of this Subsection that these vehicles shall not be parked on City streets, or designated publicly used parking lots except as provided herein.

1. No trailer shall be left unattached to any vehicle on any City street, designated publicly used parking lot or alley for any period of time.

2. No person shall park, stop, or leave standing any of these vehicles, regardless of width, on any City street, designated publicly used parking lot, or alley, in the City for more than four (4) hours, and may only so park provided the size of the vehicle does not violate any other regulations contained within this code, or the California Vehicle Code, regulating the size of vehicles or the locations and times where vehicles are prohibited from parking, such as, but not limited to, overnight parking prohibitions for parking areas in the public right-of-way dedicated by resolution of the City Council to Max Berg Plaza Park.

Parking regulations for these types of vehicles at the parking lot located adjacent to the alley on the City's Municipal Golf Course property (Assessor's Parcel Number 060-010-08) are contained in Section

10.28.230.C.3.

For purposes of this section, a vehicle shall be considered to have remained parked unless, during any 4-hour period, said vehicle has been moved at least one-half (1/2) mile from the position it previously occupied. The following are exempt from this section:
a. For the purpose of loading or unloading immediately adjacent to the residential (non-commercial) property for which the vehicle, as defined in this Title, is registered, for a period not to exceed twenty-four (24) hours, or for a period not to exceed seventy-two (72) hours if a City-issued parking permit is obtained pursuant to Subsection D of this Section; or
10 Ordinance No. 1763 Page 7
b. If a vehicle, as defined in this Title, is parked immediately adjacent to the property to which it is registered and is used for daily business activities, as such activities are permitted and licensed in compliance with Title 5 - Business Licenses And Regulations, of this code, for a period not to exceed seventy-two (72) hours, if a City-issued parking permit is obtained, pursuant to Subsection D of this Section.
c. If the RV, bus, or trailer is parked immediately adjacent to the residential property which its occupants are visiting, for a period not to exceed seventy-two (72) hours, if a City-issued parking permit is obtained by the owner of the immediately adjacent residential property, pursuant to Subsection D of this Section.

3. No person shall park, stop, or leave standing any of these vehicles, regardless of width, on the parking lot located on the western portion of the City's Municipal Golf Course property (Assessor's Parcel Number 060-010-08) adjacent to the alley between East Avenida San Gabriel and East Avenida Magdalena between 10:00 p.m. and 6:00 a.m., unless a City-issued parking permit is obtained by the owner of an adjacent residential property. Between the hours of 6:00 a.m. and 10:00 p.m., no person shall park, stop, or leave standing any of these vehicles, regardless of width, for more than four (4) hours, provided the size of the vehicle does not violate any other regulations contained within this code, or the California Vehicle Code, regulating the size of vehicles or the locations and times where vehicles are prohibited from parking.

D. Parking Permits. The following regulations shall apply to all City-issued parking permits required by this Section:

1. Where a City-issued parking permit is required above, a maximum of four (4), seventy-two (72) hour parking permit extensions may be issued per residential address per calendar year. For the purposes of this subsection, a "seventy-two (72) hour parking permit extension" shall mean one (1) thirty-six (36) hour parking extension for the loading of the RV and one (1) thirty-six (36) hour parking extension for the unloading of the RV. Only round-trip extensions may be issued, and the commencement of the unloading period must occur no sooner than forty-eight (48) hours after termination of the loading period. Longer running permits may be issued for designated publicly used parking lots at the request of the parking lot owner or manager, and at the discretion of the City's Chief of Police Services.

2. A parking permit/extension will be issued free of charge and may be obtained from the City of San Clemente Police Services.

3. The following information must be provided by the property owner: the date and time the on-street parking permit is needed; the name and address of the user and property owner requesting the parking 11 Ordinance No. 1763 Page 8
extension; the make, model and license plate number; and the location where the vehicle will be parked.

4. If the parking extension has been obtained, the vehicle may be parked on a City street at the location, and during the period of time, authorized by the parking extension.

5. At the expiration of the initial twenty-four (24) hour or any thirty-six (36) hour period provided by a City-issued parking permit, or at the end of any authorized parking permit extension, the vehicle shall be moved from any and all City streets and designated publicly used parking lots for the ensuing seventy-two (72) hour period.

6. No two (2) consecutive parking permits/extensions shall be granted within a six (6) day period.

7. City parking permits shall not be issued for unattached boat or supply trailers.

Section 5. Code Amendment. Section 10.28.150 - Parking trailers, etc., on streets, of the San Clemente Municipal Code is hereby deleted in its entirety.

Section 6. Publication. The City Clerk shall certify to the adoption of this ordinance by the City Council and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code, section 36933.

Section 7. Records. The documents and materials associated with this ordinance that constitute the record of proceedings on which the City Council's findings and determinations are based are located at City Hall, 910 Calle Negocio, San Clemente, CA 92673.

Section 8. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable.

The City Council declares that it would have adopted this ordinance irrespective of the invalidity of any portion thereof.

Section 9. Effective Date. This Ordinance shall become effective 30 days after its adoption.

APPROVED AND ADOPTED this _ _ day of _ _ ___ _ , 2024.

ATTEST:

City Clerk of the City of
San Clemente, California
Mayor of the City of San
Clemente, California
12 Ordinance No. 1763

STATE OF CALIFORNIA

COUNTY OF ORANGE

CITY OF SAN CLEMENTE
)
) ss.
)

I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1763 having been regularly introduced at the meeting of ______ , 2024, 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 __ , 2024, 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 _ ____ , 2024.

APPROVED AS TO FORM:

Elizabeth A. Mitchell, CITY ATTORNEY
CITY CLERK of the City of
San Clemente, California
13 CITY OF SAN CLEMENTE
Tuesday, February 21, 2023 5:00 PM
City Council
Regular Meeting Minutes
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting
ATTACHMENT 2
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor Duncan
Mayor Pro T em Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember James
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Regular Meeting of the San Clemente City Council was called to order by Mayor Duncan on February 21, 2023 at 5:01 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente. This meeting was opened in memory of Gene Stivers.

PRESENT: Cabral, Enmeier, James, Knoblock and Mayor Duncan STAFF PRESENT: Andy Hall, City Manager; Scott Smith, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk

CLOSED SESSION
AQ narrated a Powerpoint presentation entitled "Concerns", related to the West Pico Corridor Specific Plan. A hard copy of the presentation is on file with the City Clerk.

Motion by Councilmember James, second by Mayor Pro Tern Knoblock, CARRIED 5-0, to recess to Closed Session at 5:06 p.m. to discuss the following:

A. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Existing litigation pursuant to Government Code section 54956.9(d)(1) ·Number of Cases: 2
Case Name: City of San Clemente v. Foothill/Eastern Transportation Corridor Agency, et al.

Riverside Superior Court Consolidated Case No.: RIC 1800232 CA Court of Appeal Case No.: E078045 (Fourth Appellate District, Division 2) Case Name: City of San Clemente v. Emergency Shelter Coalition, et al.

Orange County Superior Court Case Number: 2020-01153535-CU-EI-CXC B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

14 City Council Regular Meeting Minutes February 21, 2023 Initiation of litigation pursuant to Government Code section 54956.9(d)(4) Number of Cases: 1
C. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2)
Number of Cases: 1
D. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code section 54957
Title: City Attorney
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

BUSINESS MEETING
The meeting reconvened at 6:01 p. m. with all Councilmembers present.

INVOCATION
Lead Pastor Mark Ambrose, Pacific Coast Church, gave the invocation.

PLEDGE OF ALLEGIANCE
Don Brown led the Pledge of Allegiance.

1. Special Presentations
A. January Update on the Homeless Issue
Deputy Community Development Director Atamian narrated a Powerpoint presentation entitled "Community Outreach & Engagement Monthly Report - January 2023" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Recreation Vehicle Parking Enforcement
B.

Councilmember James, with the support of Councilmember Cabral and Mayor Duncan, directed staff to review ordinances related to Recreational Vehicles from other municipalities and refer to the Public Safety Committee to study and make a recommendation to City Council.

PierPride - Bird Netting Donation
Amber Gregg, PierPride, narrated a Powerpoint presentation concerning achievements, upcoming events and future goals of PierPride; the PierPride Board of Directors presented the City with a donation for bird deterrent netting for under the pier.

Susan Ambrose recognized PierPride for their success and efforts on maintaining the pier; commended staff on the Nature Based Coastal Resiliency

15 City Council Regular Meeting Minutes February 21, 2023 Plan presented at the Beaches, Parks and Recreation Committee meeting on February 14, 2023.

2. Oral Communications (Part 1)
Paul Simonds, Kurt Pringle and Associates, encouraged Council to pursue a grant application to be submitted by March 1, 2023 for the Clean Mobility Options grant; requested item be agendized at tonight's meeting.

Aaron Washington opined that homeless individuals who refuse assistance can be cited for other violations; requested homeless updates be placed on the City's website.

3. Motion waiving reading in full of all Resolutions and Ordinances Motion by Mayor Pro Tern Knoblock, second by Councilmember James, CARRIED 5-0, to waive reading in full of all Resolutions and Ordinances.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

4. Consideration of agendizing items requiring immediate action Motion by Councilmember Enmeier, second by Mayor Pro Tern Knoblock, CARRIED 4-1 (Councilmember James voting Noe), to consider the submittal of a Clean Mobility Options grant application. This was agendized based on the need to take immediate action and the fact that the need for action arose subsequent to the agenda being posted, and action needed to be taken prior to the next Regular Council Meeting
AYE: Cabral, Enmeier, Knoblock and Mayor Duncan
NOE: James
Clean Mobility Grant Application
Acting Public Works Director/City Engineer Ponsen responded to Council inquiries.

Motion by Councilmember Enmeier, second by Mayor Pro Tern Knoblock, CARRIED 5-0, to direct staff to submit a Clean Mobility Options grant application by March 1, 2023.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

5. Closed Session Report - City Attorney
Council took no reportable action during this evening's Closed Session. City Attorney Smith announced that he recused himself from Closed Session Item D due to a financial interest.

16 City Council Regular Meeting Minutes February 21, 2023

6. Consent Calendar
The following items were removed from the Consent Calendar for discussion:
6D, 6E and 6K.

A. City Council Minutes
Motion by Mayor Pro Tern Knoblock, second by Councilmember James, CARRIED 5-0, to:
(1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF FEBRUARY 7, 2023.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
B. Commission/Committee Minutes
Motion by Mayor Pro Tern Knoblock, second by Councilmember James, CARRIED 5-0, to receive and file:
(1) HUMAN AFFAIRS COMMITTEE REGULAR MEETING MINUTES OF JANUARY 24, 2023.
(2) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF FEBRUARY 9, 2023.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
C. Warrant Register
Motion by Mayor Pro Tern Knoblock, second by Councilmember James, CARRIED 5-0, to:
(1) APPROVE WIRE TRANSFER NOS.
2791 THROUGH 2795 AND WARRANT NOS.
586127 THROUGH 586286, PAID ON
2-3-23, IN THE AMOUNT OF $1 ,939,361.95
(2) APPROVE WIRE TRANSFER NOS.
2796 THROUGH 2801 AND WARRANT NOS.
586287 THROUGH 586400, PAID ON
2-10-23, IN THE AMOUNT OF $3,268,767.36
TOTAL WARRANT REGISTER $5,208,129.31
AYE:

NOE:

Cabral, Enmeier, James, Knoblock and Mayor Duncan
None

17 I
City Council
F.

Regular Meeting Minutes February 21, 2023
Payroll Register
Motion by Mayor Pro Tern Knoblock, second by Councilmember James, CARRIED 5-0, to:

WARRANT NOS. 895 THROUGH 896,
AUTOMATIC DEPOSIT ADVISES 83786
THROUGH 84046, FOR THE PERIOD
1-23-23 THROUGH 2-5-23, PAID
ON 2-10-23, IN THE AMOUNT OF $429,059.72
TOTAL PAYROLL REGISTER $429,059.72
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

NOTICE OF COMPLETION - WATER RECLAMATION PLANT (WRP)/SLUICE

GATE REPLACEMENT
Motion by Mayor Pro Tern Knoblock, second by Councilmember James, CARRIED 5-0, to:

1. Accept the WRP/Sluice Gate Replacement. from the contractor, Innovative Construction Solutions, CIP Project 26212.

2. Authorize the Public Works Director/City Engineer to execute and record, the Notice of Completion for the WRP/Sluice Gate Replacement.

3. Authorize the City Clerk to release the payment bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the contractor, Innovative Construction Solutions.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
G. APPROVAL OF AN ADDITIONAL SERVICES AGREEMENT - AUTOMATIC

LICENSE PLATE READERS AND SERVICES
Motion by Mayor Pro Tern Knoblock, second by Councilmember James, CARRIED 5-0, to approve, and authorize the City Manager to execute, an Additional Services Agreement (Contract No. C22-37), by and between the City of San Clemente and Flock Group, Inc., providing automatic license plate readers and services, in the amount of $219,700.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

18 City Council Regular Meeting Minutes February 21, 2023 H. CONTRACT AWARD - WATER & WATER RECLAMATION ELECTRICAL

INFRASTRUCTURE ARC FLASH STUDY
Motion by Mayor Pro Tern Knoblock, second by Councilmember James, CARRIED 5-0, to approve, and authorize the Utilities Director to execute, Contract No. C23-09, by and between the City of San Clemente and Electrical Safety Specialists, LLC., providing for a Water & Water Reclamation Infrastructure Arc Flash Study, in an amount not to exceed $54,802.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
I. NOTICE OF COMPLETION - CITYWIDE CATCH BASINS REHABILITATION Motion by Mayor Pro Tern Knoblock, second by Councilmember James, CARRIED 5-0, to:

J.

1. Accept the Citywide Catch Basins Rehabilitation, from the contractor, Cheloletty Engineering, CIP Project No. 21001.

2. Authorize the Public Works Director/City Engineer to execute and record, the Notice of Completion for the Citywide Catch Basins Rehabilitation.

3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the contractor, Cheloletty Engineering.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

PURCHASE OF POLICE SERVICES FLEET VEHICLE TO REPLACE FLEET VEHICLE NUMBERS 2010 & 2072
Motion by Mayor Pro Tern Knoblock, second by Councilmember James, CARRIED 5-0, to:

1. Approve the purchase of a 2024 Chevrolet Express van from Winner Chevrolet from the Fleet Replacement Reserve for replacement of Fleet vehicle numbers 201 O & 2072.

2. Authorize a supplemental appropriation in the amount of $12,605 to the Fleet Automotive Equipment Account No. 065-824-45600 from the Fleet Replacement Fund balance.

AYE:

NOE:

Cabral, Enmeier, James, Knoblock and Mayor Duncan
None

19 City Council Regular Meeting Minutes February 21, 2023

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION
D. CONTRACT AMENDMENT - SENIOR MOBILITY PROGRAM
E.

Acting Public Works Director/City Engineer Ponsen reviewed the contents of the Administrative Report and responded to Council inquiries.

Motion by Councilmember Cabral, second by Mayor Pro Tern Knoblock, CARRIED 5-0, to approve, and authorize the Mayor to execute, Amendment No. 1 to Contract No.C18-37, by and between the City of San Clemente and California Yellow Cab. This amendment extends the term of the contract for two years, to expire August 21, 2023.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

CONTRACT AMENDMENT AND SUPPLEMENTAL BUDGET

APPROPRIATION FOR TREE MAINTENANCE
Maintenance Operations Supervisor Fields reviewed the contents of the Administrative Report and along with Acting Public Works Director/City Engineer Ponsen responded to Council inquiries.

Motion by Councilmember James, second by Councilmember Cabral, FAILED 2-3 (Councilmember Enmeier, Mayor Pro Tern Knoblock and Mayor Duncan voting Noe), to defer this item to the March 7, 2023, City Council Meeting with a more comprehensive administrative report.

AYE: Cabral and James
NOE: Enmeier, Knoblock and Mayor Duncan
Motion by Councilmember Enmeier, second by Mayor Duncan, CARRIED 3-2 (Councilmember Cabral and Councilmember James voting Noe), to:

1. Approve a supplemental budget appropriation in the amount of $50,000 to the Maintenance of Trees Account No. 001-633-43426.

2. Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract C21-10, by and between the City of San Clemente and West Coast Arborists, Inc. This amendment increases the contract amount from $1,305,000 to $1 ,355,000 (an increase of $50,000).

AYE: Cabral and James
NOE: Enmeier, Knoblock and Mayor Duncan

20 City Council Regular Meeting Minutes February 21, 2023 K. CONTRACT AMENDMENT - MAINTENANCE SERVICES AGREEMENT WITH ED STE'vVART AND ASSOCIATES FOR INSPECTION AND CLEANUP OF

ABANDONED PROPERTY AND REFUSE
Maintenance Operations Supervisor Fields reviewed the contents of the Administrative Report and along with Acting Public Works Director/City Engineer Ponsen responded to Council inquiries.

Motion by Mayor Pro Tern Knoblock, second by Councilmember Cabral, CARRIED 5-0, to approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. AC-1126, by and between the City of San Clemente and Ed Stewart and Associates, Inc.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

7. Public Hearings
None.

8. Unfinished Business
None.

9. New Business
None.

10. Oral Communications (Part 2)
Tawni Burns requested Council ban 5-axle trucks on Avenida Vista Hermosa.

Evaluation of 5-Axel Trucks on Avenida Vista Hermosa
Councilmember James, with the support of Councilmember Knoblock and Councilmember Enmeier directed staff to:

1. Evaluate the feasibility of banning 5-axel trucks (semi-trucks) on Avenida Vista Hermosa.

2. Evaluate bicycle safety on Avenida Vista Hermosa .

3. Police Services is to evaluate the feasibility of potential enforcement on a ban of 5-axel trucks on Avenida Vista' Hermosa.

21 City Council Regular Meeting Minutes February 21, 2023

11. Reports
A. Commissions and Committees
None.

B. City Manager
Announcement of Contracts Approved and Executed by the City Manager City Manager Hall reported that the following professional services contract was executed by his predecessor (Interim City Manager Joyce): 1) NCE, for the Pavement Management System Update in the amount of $46,600.

C. City Attorney
None.

D. Council Members
Flower Baskets on Avenida Del Mar
Councilmember James requested that the City maintain the flower baskets on Avenida Del Mar and/or work with the Downtown Business Association to maintain the flowers.

Las Palmas Elementary
Councilmember Enmeier reported that Las Palmas Elementary is experiencing increased vandalism and noted steps Capistrano Unified School District is taking to try to reduce the number of incidents.

Councilmember James expressed concerns with Las Palmas Elementary School traffic.

Pier Restroom Fire
Councilmember James requested a report to Council (if possible - not to interfere with the investigation) concerning the fire at the pier restroom.

Street/Traffic Concerns
Councilmember Cabral expressed concerns with traffic management during the Avenida Pico closure on February 15, 2023, due to a vehicle accident.

Councilmember Cabral reported vehicles doing donuts/burnouts at the end of Avenida Pico and requested mitigation measures be taken.

22 City Council Regular Meeting Minutes February 21, 2023 San Clemente High School Boys Varsity Soccer
Mayor Duncan recognized the San Clemente High School Boys Varsity soccer team in the Division 2 CIF South finals.

FEMA Forum on Critical Incidents
Mayor Pro Tern Knoblock reported that he attended a FEMA forum on mass shooting/critical incidents on February 16, 2023.

Leadership San Clemente
Mayor Duncan announced that Leadership San Clemente is beginning April 20 - May 25, 2023. Applications will be accepted beginning on Thursday, February 23, 2023.

Council Travel/Conference Budget
Mayor Pro Tern Knoblock with the support of Mayor Duncan and Councilmember Enmeier agendized consideration of reallocation of funds for City Council travel/conference budget.

Mayor's Prayer Breakfast
Councilmember Enmeier reported that the Mayor's Prayer Breakfast is on March 14, 2023, at 7:00 a.m.

Update to Policy 1201-11 (City Council Meeting and Operating Procedure) Mayor Duncan with the support of Councilmember James and Mayor Pro Tern Knoblock, agendized a review of meeting and operating procedures.

E. Council Subcommittee Updates
Transportation Subcommittee
Councilmember James and Mayor Duncan reported that they met with the Orange County Transportation Authority concerning the 1-5 HOV project.

Sand and Beach Nourishment Subcommittee
Councilmember Cabral and Councilmember Enmeier reported that they have met with several stakeholders and have an upcoming community meeting concerning sand and beach nourishment.

Councilmember Enmeier expressed concern with the Orange County Transportation Authority's use of rip rap to stabilize the train tracks and the impact on sand retention .

'
23 City Council Regular Meeting Minutes February 21, 2023 Homeless Subcommittee
Councilmember Enmeier and Councilmember Cabral reported they have met with shelter/housing providers concerning upcoming housing projects; announced that they are going to hold a roundtable meeting with the community and stakeholders.

12. Adjournment
Motion by Councilmember James, second by Mayor Duncan, CARRIED 5-0, to adjourn at 7:43 p.m. to an Adjourned Regular Meeting to be held on February 28, 2023 at 4:00 p.m. for the purpose of conducting the Long Term Financial Plan Workshop. The next Regular Meeting will be held on March 7, 2023. Closed Session will begin at 5:00 p.m.The Business Meeting will commence at 6:00 p.m.

The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente. This meeting was adjourned in memory of Henry Hank Snider.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
SaJjemente,
~ California
(iJ~tfiti:f
San Clemente, California

24 ATTACHMENT 3
These minutes were approved at the Public Safety Committee Meeting of 3/28/2023

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

PUBLIC SAFETY COMMITTEE
February 28, 2023

1. CALL TO ORDER
City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, CA 92673
Committee Chair Loeffler called the Regular Meeting of the Public Safety Committee of the City of San Clemente to order at 3:04 p.m.

2. PLEDGE OF ALLEGIANCE
Chair Loeffler led the Pledge of Allegiance

3. ROLL CALL
Committee
Members Present: Chair Rick Loeffler
Vice Chair Charles Hightower
Nick Berkuta
Michael Greenwald
Captain Rod Mellott, Marine Safety
Captain Jay Christian, Orange County Sheriff Department Members Absent: Scotland Roeber
Chief Cheyene Maule, Orange County Fire Authority
Staff Present: Adam Atamian, Deputy Community Development Director Tamara Tatich, Office Assistant
Special Guests:

8. NEW BUSINESS
A. Recreational
Tom Streeter and Donna Vidrine San Clemente
Collaborative members
and Oversized Vehicle Regulation and
Recommendation
25 Page2
Minutes of the Regular Meeting of the Public Safety Committee of February 28, 2023 Chair Loeffler suggested use of the Dana Point ordinance due to its clarity and as a neighboring city. He stated overnight camping was already addressed in the Code.

Captain Christian discussed issues with enforcement of camping in vehicles. He stated recreational vehicle was defined by the California Vehicle Code. He stated parking regulations were currently being enforced.

Chair Loeffler stated he met with City Manager Hall and suggested use of Code Enforcement where OCSD might not be able to take action.

Member Berkuta stated the San Clemente ordinance was too wordy. He discussed Martin v. Boise and the need for a regional shelter. Chair Loeffler stated the existing code was hard to understand, therefore, he suggested the Dana Point language.

Deputy Community Development Director Atamian stated specific vehicle size could be identified.

Vice Chair Hightower questioned the limitation of overnight parking and 36-hour restriction. He suggested allowing 72-hour parking with a permit.

Chair Loeffler stated the permit process could be added to the ordinance.

Tom Streeter, San Clemente Homeless Collaborative, encouraged adoption of an ordinance in order to enforce RV parking.

Donna Vidrine encouraged a safe parking program, where Community Outreach, Code Compliance and Sheriffs could interact with those living in vehicles.

Chair Loeffler stated the Human Affairs Committee Work Plan included a parking program. He suggested the use of the Dana Point ordinance adding identification of the Health and Safety Code definition of RV and a link to the phone number to extend the permit.

In response to Committee questions, Deputy Community Development Director Atamian stated the consequences were listed in Title 1, misdemeanors with authority to issue an infraction. He discussed difficulty with enforcing time limited restrictions. He reiterated that the direction from Council was to streamline the process to enable easier enforcement.

MOTION BY COMMITTEE MEMBER GREENWALD, SECOND BY CHAIR
LOEFFLER, AND CARRIED 4-0, Member Roeber absent, to recommend use of the Dana Point ordinance adding the definition of recreational vehicle from the 26 Minutes of the Regular Meeting of the Public Safety Committee of February 28, 2023

California Health and Safety Code and providing the phone number to obtain permits.

4. SPECIAL ORDERS OF BUSINESS/PRESENTATIONS

5. A. Presentation by Mike Muskovin from "PREPARED"
Mike Muskovin and Kim Kaplan, PREPARED, provided an overview on PREPARED communication centers for Police, Fire and EMS.

In response to Committee questions, Mr. Muskovin confirmed that the Orange County Sheriffs Department would be using the service; explained the simple user interface, training for dispatchers, archiving of records, smart phone requirements, call transfers from California Highway Patrol (CHP) to the Police Department, future bundling of videos, Fourth Amendment and permission to record, and additional advanced capabilities for cost.

MINUTES
A Minutes from the Regular Public Safety Committee meeting of January 24,2023

MOTION BY VICE CHAIR HIGHTOWER, SECOND BY MEMBER
GREENWALD AND CARRIED 4-0, Member Roeber absent, to approve the minutes from the Public Safety Committee meeting of January 24, 2023.

6. ORAL AND WRITTEN COMMUNICATION
Tom Streeter, Co-Chair of Homeless Collaborative, referenced the legality of Fourth Amendment Right related to recording incidents.

Member Berkuta discussed potential defense attorney use of Fourth Amendment Rights.

7. REVIEWS AND RECOMMENDATIONS
A. Marine Safety Performance Measures FY 2023 Q1
Captain Mellott indicated he was available to respond to questions.

The Committee commended Marine Safety services.

Chair Loeffler explained the involvement of the public safety groups requesting inclusion in the Public Safety Committee meetings and thanked them.
21 I

Minutes of the Regular Meeting of the Public Safety Committee of February 28, 2023

9. B.

Vice Chair Hightower requested the number of violations for e-bikes on the beach trail. Captain Mellott stated he was aware of only one and Council direction should be provided if the Committee wanted those statistics. He discussed public education on bike safety.

Member Berkuta suggested consideration of the number of injuries due to e-bikes.

OCSD Performance Measures FY 2023 Q1
In response to Committee questions, Captain Christian explained Group A Crime statistics; and response times.

UNFINISHED BUSINESS
A. Public Safety Committee Annual Work Plan FY2022-2023

2. Homelessness and Best Management Practices for Public Safety Personnel Project Update
Chair Loeffler stated he met with the new City Manager to tour the encampment at North Beach. He stated staff would begin noticing removal of personal belongings and making the play area more family friendly. He discussed the CARE Act and lack of funding.

3. Legislative Review
None.

4. Neighborhood Watch
Chair Loeffler stated the new Crime Prevention Specialist would be working with the Committee on the program and discussed the online application process.

Member Greenwald discussed efforts to work with management companies to start neighborhood watch programs with the various HOAs.

5. Statistical Information and Review
Vice Chair Hightower discussed the ambulance service contract and expressed concern regarding average response time.
28 Minutes of the Regular Meeting of the Public Safety Committee of February 28, 2023

6. Human Trafficking
None.

7. E-Bicycle/Traffic Safety

Vice Chair Hightower provided statistics related to e-bike injuries. He suggested providing recommendations to the Council to improve safety; and developing a data base of e-bike injuries.

Chair Loeffler suggested law enforcement provide education on helmets.

The Committee discussed helmet requirements.

1. Communications and Disaster Preparedness Project Update Vice Chair Hightower discussed the wireless priority system and governmental emergency telecommunications service.

Member Berkuta explained prioritization of phone service for public safety workers during disasters.

8. Technology Review
None.

9. Review of Urgent Matters
Chair Loeffler stated he would work with Deputy Community Development Director Atamian to draft a memo to the City Council recommending participation in the PREPARED program.

10. REPORTS OF COMMITTEE MEMBERS AND STAFF
A. Police Services - Orange County Sheriffs Department Captain Christian Captain Christian stated reserves would be trained to enforce e-bikes on the beach trail. He provided statistics on e-bike collisions for 2022. He discussed the recent vandalism of Sheriff vehicles. He stated the Council had not yet approved the FLOCK camera agreement.

B. Fire Services - Orange County Fire Authority, Chief Maule None.

C. Marine Safety - Marine Safety Division Captain Mellott 29 Page6
Minutes of the Regular Meeting of the Public Safety Committee of February 28, 2023 Captain Mellott provided an overview of recertification and rookie training; weather, pier jumpers; service to homeless; vandalism and efforts to deter activity; upcoming 5K/10K; and 9-17-year-old swim tests.

D. Committee Chair
None.

E. Committee Members
Member Berkuta announced CERT training; postponement of tsunami training to April; and upcoming tsunami walk.

F. City Staff
None.

11. ADJOURNMENT

MOTION BY COMMITTEE MEMBER BERKUTA, SECOND BY MEMBER
GREENWALD, AND CARRIED 4-0, Member Roeber absent, to adjourn at 5:16 PM to the next Regular Meeting of the Public Safety Committee scheduled to be held on Tuesday, March 28, 2023 at 3:00 p.m. at City Hall in Council Chambers at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,
Jd~.~~
Attest:

Adam ~ Atamian, Deputy Community Development Director
30 CITY OF SAN CLEMENTE
Tuesday, July 18, 2023 4:00 PM
City Council
Special and Regular Meeting
Minutes
4:00 p.m. - Closed Session
6:00 p.m. - Business Meeting
ATTACHMENT 4
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor Duncan
Mayor Pro Tern Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember Loeffler
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Special and Regular Meeting of the San Clemente City Council was called to order by Mayor Duncan on July 18, 2023 at 4:00 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan STAFF PRESENT: Andy Hall, City Manager; Elizabeth Mitchell, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk

CLOSED SESSION
Amanda Q narrated a PowerPoint presentation concerning the City of San Clemente v. Foothill/Eastern Transportation Corridor Agency. A hard copy of the presentation is on file with the City Clerk.

Motion by Councilmember Cabral, second by Mayor Pro Tern Knoblock, CARRIED 5-0, to recess to Closed Session at 4:03 p.m. to discuss the following:

A. CONFERENCE W ITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(a)(d)(2)
Number of Cases: 1
Facts and Circumstances per Government Code section 54956.9(e)(2):

Allegations under the California Voting Rights Act of 2001 B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 3
Case Name: City of San Clemente v. Foothill/Eastern Transportation Corridor Agency,
et al.

Riverside Superior Court Consolidated Case No.: RIC 1800232

31 City Council
F.

Special and Regular Meeting Minutes July 18, 2023
Impact Report (EIS/EIR); adopt a Mitigation Monitoring and Reporting Program and Findings of Fact; and file a Notice of Determination.

Mayor Duncan opened the Public Hearing.

Public Works Director/City Engineer Koger and City consultant Leslea Meyerhoff, Summit Environmental Group, Inc., reviewed the contents of the Administrative Report and responded to Council inquiries.

There being no one desiring to speak, Mayor Duncan closed the Public Hearing.

Motion by Mayor Pro Tern Knoblock, second by Councilmember Cabral, CARRIED 5-0, to:

Adopt Resolution No. 23-74, which will:

1. Approve the Project which will implement public beach restoration activities placing 251,000 cubic yards of sand on the City's beaches in 2023 with eight future beach sand replenishment events over the next 50 years (through 2073/207 4 ).

2. Adopt the Final Feasibility Study and certify the Final Environmental Impact Statement (FEIS)/Final Environmental Impact Report (FEIR) and Supplemental Environmental Assessment (SEA)/Finding of No Significant Impact (FONSI).

3. Adopt the Mitigation Monitoring and Reporting Program.

4. Adopt the Findings of Fact and Statement of Overriding Considerations.

5. Direct the Public Works Director/City Engineer to file the California Environmental Quality Act (CEQA) Notice of Determination with the County Clerk.

6. Authorize City Manager to enter into a State Lands Lease with the California State Lands Commission in support of the Project.

AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None

CODE AMENDMENT - COMMERCIAL AND RECREATIONAL VEHICLE

PARKING AND FINDING THE ORDINANCE NOT SUBJECT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Public Hearing for the City Council to consider a recommendation of the Public Safety Committee to adopt a proposed ordinance to amend various provisions to Title 10, Vehicles and Traffic, of the San Clemente Municipal Code (SCMC) to modify regulations related to the parking of commercial,

32 City Council Special and Regular Meeting Minutes July 18, 2023 recreational, and oversize vehicles on public property, including streets .

Mayor Duncan opened the Public Hearing.

Community Development Director Gallardo-Daly and Deputy Community Development Director Atamian reviewed the contents of the Administrative Report and responded to Council inquiries.

Amanda narrated a PowerPoint presentation entitled "Commercial and RV Code Changes". A hard copy of the presentation is on file with the City Clerk.

George Gregory, San Clemente, opined that the current Municipal Code negatively impacts businesses.

Donna Vidrine, San Clemente, expressed concerns regarding the recommended changes as it relates to individuals living in their vehicles and family and friends visiting San Clemente residents.

Motion by Mayor Pro Tern Knoblock, second by Councilmember Enmeier, CARRIED 5-0, to temporarily suspend this item.

AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
City Manager Hall requested a continuation of this item to clarify enforcement and language in the ordinance.

Motion by Mayor Pro Tern Knoblock, second by Councilmember Cabral, to remove section three from the ordinance regarding pick-up trucks and utility racks as it relates to the definition of commercial vehicles and storage of items on the utility racks and items that extend beyond the vehicle length. This motion was withdrawn.

Motion by Mayor Pro Tern Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to continue the Public Hearing to the Regular City Council meeting of August 15, 2023. Council requested that alternatives be provided for section three of the ordinance regarding pick-up trucks and utility racks as it relates to the definition of commercial vehicles and storage of items on the utility racks and items that extend beyond the vehicle length. Staff is also to address the "sprinter van" and similar size vehicles in the ordinance.

AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None

8. Unfinished Business
None.

l
33 ATTACHMENT 5
SAN CLEMENTE - Current Regulations

10.28.230 - Parking time for commercial vehicles, recreational vehicles, trailers, and trailer-mounted boats on City streets and alleys.

A. Parking of Commercial Vehicles on City Streets ...... Except as provided herein, no commercial vehicle, as that term is defined in Section 10.04.010 of this Code, shall remain parked on a City street or alley for over two (2) hours between the hours of 5:00 a.m. and midnight. The parking of commercial vehicles on any City street or alley is prohibited between the hours of midnight and 5:00 a.m. The foregoing restrictions shall not apply to either of the following: (i) any commercial vehicle then currently involved in the construction, reconstruction, maintenance, or repair of any street or alley upon which the commercial vehicle is parked or any development occurring on any adjacent property; or (ii) any com·mercial vehicle employed by any governmental entity or public utility which is used for urgent response purposes including, but not limited to, ambulances and utility repair vehicles.

B. Recreational Vehicles and Trailer Mounted Boats . ..... Except as provided herein, no recreational vehicle, as that term is defined in California Health and Safety Code Section 18010, and no trailer-mounted boat shall remain parked on a City street or alley for over five (5) hours; provided, that the five (5) hour time limit for recreational vehicles and trailer-mounted boats (collectively, "RVs") may be extended to a maximum of thirty-six (36) hours upon receipt of a City-issued RV parking extension. A maximum of six (6) round-trip RV parking extensions may be issued per residential address per calendar year. For the purposes of this subsection, a round-trip RV parking extension shall mean one (1) thirty-six (36) hour parking extension for the loading of the RV and one (1) thirty-six (36) hour parking extension for the unloading of the RV. Only round-trip extensions may be issued, and the commencement of the unloading period must occur no sooner than twenty-four (24) hours after termination of the loading period. An RV parking extension shall be issued free of charge and may be obtained from the Orange County Sheriffs Department dispatch at (949) 770-6011 by providing the following information: the date and time on-street parking for the purpose of loading the RV will commence; the date and time on-street parking for the purpose of unloading the RV will commence (if known; otherwise, this information can be provided upon return); the name and address of the person requesting the RV parking extension; the make, model, and license plate number of the RV; and the location where the RV will be parked. If the RV parking extension has been obtained, the RV may be parked on the City street or alley at the location and during the period of time authorized by the RV parking extension. At the expiration of the five (5) hour period or, if an RV parking extension has been obtained, at the expiration of the period authorized by the RV parking extension, the RV shall be moved so it is no longer parked on the City street or alley and the RV shall not be parked on City streets or alleys for the ensuing twenty-four (24) hours. The terms of RV parking extensions shall be separated by at least three (3) days.

C. Trailers ...... Except as provided in Subsection B above, no vehicle with an attached Trailer, as that term is defined in California Vehicle Code Section 630, shall remain parked on a City street or alley for over five (S) hours. The parking of any trailer which is not attached to a vehicle on any City street or alley is prohibited unless the trailer is then currently involved in the construction, reconstruction, maintenance, or repair of any street or alley upon which the vehicle is parked or any development occurring on any adjacent property.

10.28.150 - Parking trailers, etc., on streets.

It is unlawful for any person to park or leave parked any camp car or trailer, or other vehicle which could be used for living purposes, upon any public street within the City between the hours of three (3:00) a.m. and six (6:00) a.m.
34 (.,J
U1
City/County
Orange
County
(unincorp.)
San Marcos/
San Diego
County
Carlsbad/
San Diego
County
No Pa rking Times - No Parking Times -
RV Comm.
2:00am-6:00am 2:00am-6:00am
2:00am-5:00am 2:00am-5:00am
Parking Limits Parking Limits during
during allowed times allowed times -
- RV Comm.

Maximum of (72) Maximum of (72)
consecutive hours. consecutive hours.

Temporary permit to Only allowed if Loading
load and unload up or Unloading, Parked
to 72 hours has in connection with the
been discontinued performance of a
according to service.
website.

Carlsbad Residents Permit required from
who own an RV City Engineer for
could apply for a oversize vehicles.
yearly no-fee permit
to park their vehicle
on a public street at
their residence for
up to 72 hours. This
would allow owners
to load and unload
vehicles before and
after a trip.

Other Requirements
Prohibited vehicles may
be parked on public
"residence district"
streets and highways
while loading or
unloading.

Residents and their
guests can apply for an
oversized vehicle
permit, which must be
displayed in the window
when the vehicle is
parked on a city street
between hours of 2 to 5
a.m. The vehicle must
be parked within 400
feet of the residence
that was granted the
permit.

Additional Info
Have permit
program in
certain
residential
neighborhoods
near CSU San
Marcos
Commercial
Property Permit:

Hotels or motels
can allow
guests to park
RVs next to
these inns on
public streets if
the RVs cannot
be
accommodated
in the property's
parking lot. The
city would issue
each hotel and
motel reusable
permits that
they can give to
t heir guest.
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0)
(,,)
a,
City/County
Irvine/
Orange
County
Oceanside/
San Diego
County
No Parking Times - No Parking Times -
RV Comm.

Unlawful for any
person to camp
overnight or to park
a trailer coach or
camp car overnight
2:00-6:00arn Commercial Vehicles
are prohibited in
certain districts
between the hours of
2:00am-6:00 am
Parking Limits
during allowed times
- RV
Unlawful to park,
stop or leave sitting
for a period of t ime
longer than 72
consec utive hours
Before placing the
vehicle in the street
from 2:00am -
6:00am, residents
can apply for
temporary permits.

Resident can apply
for a one time
temporary permit for
guests.

Parking Limits during Other Requirements Additional Info allowed times -
Comm.

Unlawful to park, stop
or leave sitting for a
period of t ime longer
than 72 consecutive
hours
Oversized commercial Residents can apply for Have the option vehicles actively a temporary permit for of permit
engaged in making oversized vehicle for program in
pick-ups and drop-offs (24) hours. A maximum residential of deliveries of goods, of six (6) permits may neighborhoods, orders, wares, be assigned each require 67%
materials or month. Oversized support.
merchandise from or veh icle is any vehicle or
to any building, combination of vehicles
property or structure t hat exceeds 25 feet in
are exempt. length, or 84 inches in
width, or 84 inches in
height.
w
......

City/County
Aliso Viejo /
Orange
County
Laguna
Beach/
Orange
County
No Parking Times -
RV
No parking between
the hours of 2:00
a.m. and 6:00 a.m.
on two consecutive
days
Recreational
vehicles shall not be
permitted to park up
to five hours in one
location and then
move and park five
hours in another
location within a
twenty-four
consecutive hour
period; the five
cumulative-hour limit
shall be inclusive of
all parking in
multiple locations
No Parking Times -
Comm.

No parking between
the hours of 2:00 a.m.
and 6:00 a.m. on two
consecutive days
Commercial vehicles
shall not be permitted
to park up to five
hours in one location
and then move and
park five hours in
another location within
a twenty-four
consecutive hour
period; t he five
cumulative-hour limit
shall be inclusive of all
parking in multiple
locations
Parking Limits Parking Limits during Other Requirements Additional Info during allowed times allowed times -
- RV Comm.

The loading or The loading or The Director is
unloading of unloading of materials authorized to issue materials shall be shall be made for no permits for variations made for no more more than 20 minutes from the size, weight than 20 minutes and load limitations set
forth in California
Vehicle Code Division
15 (Section 35000 et
seq.).

Limited to no more Limited to no more The Laguna Beach
than five cumulat ive than five cumu lative Police Department hours within a hours within a twenty- issues RV Parking twenty-four four consecutive hour Permits which allow
consecutive hour period on all public parking for up to 72 period on all public streets hours on City streets.
streets
(.,J
00 City/ County
Laguna
Niguel/
Orange
County
Laguna Hills
/ Orange
County
No Parking Times - No Parking Times -
RV Comm.
2 am- 6 am 2 am- 6 am
11 pm - 7am 11 pm - 7am
Parking Limits
during allowed times
- RV
Recreational vehicle
parking in front of
the owner's property
only three days in a
seven-day period,
and it bans
overnight parking of
the vehicles along
any public street
away from the
owner. Except for
purposes of loading
or unloading and for
a period not to
exceed two hours. s
property.

No person shall at
any time park or
leave standing a
non motorized
vehicle or camper,
rega rdless of width
or length, when it
has been detached
from its motor
veh icle on any public
street or highway in
the city except for
purposes of loading
or unloading and for
a period not to
exceed two hours.

Parking Limits during Other Requirements Additional Info allowed times -
Comm.

Loading or unloading For singleof materials shall be family made for no more dwellings, one
than 20 minutes garage space
may be
occupied by a
recreat ion a I
vehicle,
provided t he
vehicle is
maintained in
working
cond ition at all
times.

No person shall park
or leave standing
upon any public street
or dedicated alley any
oversized commercial
vehicle, except when
loading or unloading
persons and/or
property or when such
vehicle is parked in
connection with, and
in aid of , the
performance of a
service to or on
property in the block
in which such vehicle
is left standing, not to
exceed twelve (12)
consecutive hours.
w
(0
City/County
San Juan
Capistrano /
Orange
County
Lake Forest
/ Orange
County
No Parking Times - No Parking Times -
RV Comm.

A special permit to A special perm it to
allow overn ight allow overnight
parking may be parking may be
obtained from the obtained from the
Traffic Engineer Traffic Engineer
It is unlawful for any
person to camp
overnight in a
recreation a I vehicle
upon any City Street,
including any part of
the right-of-way
thereof. It shall also
be unlawf ul for any
person to cause t he
stopping, standing,
or parking of any
recreational vehicle
in any part of t he
Business and
Industrial Zone
Parking Limits Parking Limits during Other Requirements Additional Info during allowed times allowed times -
-RV Comm.

Recreationa I Any commercial A maximum of twelve
Vehicles (RV), as vehicle that is actively (12) round-trip defined by Section being loaded or Temporary RV Parking 18010 of unloaded, making Permits may be issued
the Health and pickups or deliveries per residential address Safetli Code, may be of goods, wares, or per ca lendar year. For issued an RV merchandise from, or the purposes of this
Temporary Parking to, any building or subsection, a round-trip Permit allowing up structure or land may RV Temporary Parking to forty-eight (48) park for a period not Permit shall mean one hours of parking to exceed two (2) forty-eight (48) hour within three hours in one day. permit for loading of the hundred (300) feet RV and one forty-eight
of the address at (48) hour permit for
which the RV unloading of the RV. An
Temporary Parking RV Temporary Parking
Permit was issued. Permit may be obtained
free of cha rge.

Loading or Loading or unloading
unloading of of passengers shall be
passengers shall be made for more than
made for more than f ive (5) minutes, or
five (5) minutes, or provided that no stop
provided t hat no for the loading or
stop for the loading unloading of materials
or unloading of shall be made for
materials shall be more than twenty (20)
made for more than minutes.
twenty (20)
minutes.
~
0 City/ County
Santa Ana/
Orange
County
Costa mesa/
Orange
County
No Parking Times - No Parking Times -
RV Comm.
2am- 6 am 2am- 6 am
2am- 6 am 2am- 6 am
Parking Limits
during allowed times
-RV
It is unlawful for any
person to park or
leave standing
within a public
street and park
road, a public street
and alley, or a park
road and alley cross
street or alley, any
oversized vehicle,
non-motorized
vehicle, or
recreational vehicle
at any ti me
Large motor
vehicles or,
non motorized
vehicles attached to
a motor veh icle or
large motor vehicle,
parked adjacent to
the owner's
residence are
allowed for t he
purposes of loading,
unloading, cleaning,
battery-charging, or
other activity
preparatory or
incidental to travel
for a period of time
not to exceed (48)
consecutive hours.

Parking Limits during Other Requirements Additional Info allowed times -
Comm.

No person shall park Permits may be issued, No more t han and/or leave standing but not exceed, three 72 permits shall on any street, or consecutive 24-hour be issued
portion thereof, in any periods relating to any
residential district one address in
located within the city any one
any commercial calendar year
vehicle with a period.
manufacturer's gross
vehicle weight rati ng
often t housand
(10,000) pounds or
more for a period of
time longer than two
(2) hours.

Unlawful to park on a Oversized Veh icle
truck route or other Defined: Any house car,
restricted street for pick-up truck with
over 3 hours. camper, recreational
vehicle, or any other
vehicle or combination
of vehicles (trailer) that
exceeds:
• 22 feet in length, or
• 84 inches in width
and weight
City/County No Parking Times - No Parking Times - Parking Limits Parking Limits during Other Requirements Additional Info RV Comm. during allowed times allowed times -
- RV Comm.

Vista/ San The City Manager or To oversized vehicles RV may be kept on a Residents can Diego his or her designee parked while engaged driveway at a t ime apply for 72- County shall issue a permit in loadin g and unless the second RV hour parking for oversized unloading is less than 50 feet permits for recreational vehicle activity for a period long. The ordinance visit ing RVs, but to any resident of not to exceed 4 hours allows a maximum of are limited to the City, or a bona two RVs on parcels of one permit a
fide guest of such less than 1 acre, year.
resident provid ed though additional
the permit fee is vehicles are allowed for
paid and the each addit ional halfparking of the acre up to maximum of overs ized four RVs on larger
recreational vehicle properties.
will not create a
hazard .
.,:,.
....
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: January 16, 2024 Agenda Item: 8C
Department: Community Development
Prepared By Adam Atamian, Community Development Director Jonathan Lightfoot, City Planner
Subject:
..titl e
PUBLIC HEARING TO CONSIDER CHANGING OR REVOKING CONDITIONAL PERMIT 1021/ VOLUNTARY COMPLIANCE AGREEMENT/ AND WIRELESS SCREENING FORM WMS 23- 231 RELATED TO THE PROPERTY LOCATED AT 616 DEL DIOS, ASSESSOR’S PARCEL NUMBER 690-552-05 AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body
Fiscal Impact:

There are no direct costs associated with an action on this item. However, an action to continue the item for further discussion at additional public hearings would result in additional expenditure of City staff and City Attorney time.

Summary:

SCMC section 17.12.175 provides a process for the City to change or revoke approved applications when conditions of approval are violated, it is necessary to resolve a nuisance, and/or when applications contain incorrect, false, or misleading information. Because this matter involves a Conditional Permit issued in 1962, a public hearing with notice to the owner and applicant and an opportunity for them to present evidence is required.

At its December 5, 2023, regular meeting, the City Council adopted Resolution No. 23-159 to initiate a public hearing to consider changing or revoking Conditional Permit 1021, the Voluntary Compliance Agreement and the Wireless Screening Form WMS 23-231 and set the hearing date for its January 16, 2024 City Council meeting. In order to change or revoke an entitlement, the City Council must make one or more of the following findings:

1. Conditions of approval of the approved application(s) are being violated or are not being satisfied.

2. The site or land use is being operated in a manner that constitutes a nuisance.

3. The application contained incorrect, false, or misleading information.

Staff conducted additional research into allegations that the property has not been maintained in accordance with the terms of Conditional Permit 1021 and that the property has been managed in a manner that constitutes a nuisance. Based on the evidence provided herein, staff believes that there is credibility to these claims and recommends that the City Council change the entitlement to reduce issues of public safety and nuisance by requiring a redesign of the site that addresses the safety issues of access and prevents trespass onto the property and unauthorized climbing of the tower. This, however, can be accomplished without a full revocation of the underlying 1 Meeting Date: January 16, 2024 Agenda Item: 8C

CITY OF SAN CLEMENTE
entitlement. The recommended changes to the entitlement, including added conditions of approval, are incorporated into Attachment 1, the draft Resolution.

Background:
1962 Conditional Permit
An existing telecommunications tower at the subject site is owned by American Tower Corporation (Owner). This facility was approved under a Conditional Permit in 1962 by the County of Orange (Attachment 2). Per the Conditional Permit, the telecommunications facility was approved for an approximate 28-foot by 58-foot building and a 70-foot tall antenna tower. Per Owner representatives, the tower component of the telecommunications facility was built to a height of 137.6 feet, but was then further extended to 156 feet when the height is measured from the highest existing appurtenance affixed to the tower.

Voluntary Compliance Agreement and Collocation Requests In 2020, the City denied a request for a wireless antenna collocation at this site when it was discovered that the height of the tower was not compliant with the terms of the 1962 Conditional Permit issued by the County of Orange prior to the annexation of this property into the City of San Clemente. This denial resulted in discussions between the Owner and the City.

The Owner ultimately agreed to voluntarily reduce the height of the existing tower to the 70-foot maximum height allowed by the 1962 Conditional Permit, which was the only violation of the Conditional Permit that the City was aware of at that time. A Voluntary Compliance Agreement was executed on July 6, 2023 between the Owner and the City to reduce the height of the existing antenna tower to the permitted height of 70 feet (Attachment 3). The City then approved building permit B23-1495 to de-stack the tower to the reduced height of 70 feet tall.

During the review of records that preceded entry into the Voluntary Compliance Agreement, legal counsel for the Owner represented that the tower is/was still used today for the wireless transmission of telephone services. This representation was maintained and repeated by Dish Wireless (Applicant) within Wireless Screening Form No. WMS 23-231 (Attachment 4), which was an Eligible Facilities Request to collocate equipment on the reduced-height tower.

Relying on these representations, staff approved the Voluntary Compliance Agreement and WMS 23-231 (which found the project met criteria for review under Section 6409(a) of the Spectrum Act, did not require discretionary review, and could proceed to building plan check). The aforementioned public meetings on October 17 and November 8, 2023, which called into question the validity of the Owner and Applicant’s representations and revealed Conditional Permit violations and nuisance at the site, occurred while the building permit was under review.

Section 6 of the Voluntary Complaint Agreement provides:

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 CUP 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 2 Meeting Date: January 16, 2024 Agenda Item: 8C

CITY OF SAN CLEMENTE
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.

Public Testimony in November-December of 2023
With respect to public health and safety considerations, some of the most notable comments from the public made about the nuisances occurring at the site indicate that on regular occasions the tower is not secure and neighborhood children who find access to the site through the dilapidated fence, climb the tower, and throw items off the tower. This is not the case with other telecommunications facilities in the City that have different designs.

Additional comments from the public indicate an existing issue stemming from the Owner’s/Applicant’s access through the Harborview Estates neighborhood to deliver equipment to the site and the neighboring homeowners associations contending that the Owner/Applicant do not have the legal right to access the site in that manner and have been violating the conditions of Conditional Permit 1021 by doing so. Issues requiring a response from the Orange County Sheriff’s Department deputies have arisen from this contention about the Owner’s/Applicant’s access to the site.

Given the public testimony, City staff requested a tolling agreement from the Applicant, which was executed on November 17, 2023 and extended the shot-clock review deadline until November 30, 2023 for the building permit to install new wireless transmission equipment on the existing tower.

The City has not issued this building permit. Under FCC regulations, the failure to approve a permit for eligible facilities within the specified timeframes makes the permit “deemed approved.” The Applicant was noticed, however, that if it elects to install its equipment on the tower, it would be proceeding at its own risk should the City Council decide to change or revoke Conditional Permit 1021.

The Owner has also reported to the City that trespasses onto the site have been occurring, repairs to the site fence have been damaged and that there have been instances of vandalism and damage to vehicles left on site.

Additional Research into Access, Leasing History, and Alleged Nuisances During testimony at public meetings in November and December of 2023, members of the public asserted that:
 The facility was abandoned and non-operational for more than one year, contradicting the information provided within the Applicant and Owner’s discussions and applications to the City. San Clemente Municipal Code (SCMC) section 17.12.150 provides regulations related to the expiration of approvals, which indicate that a conditionally permitted land use is considered lapsed if it is inactive for a period of at least one year;  The facility has not been maintained in accordance with the conditions of approval included within Conditional Permit 1021; and
 The site has been operated in a manner that constitutes a public nuisance.

Following Council’s December 5, 2023 action to initiate a public hearing, staff gathered additional information related to these allegations.
3 Meeting Date: January 16, 2024 Agenda Item: 8C

CITY OF SAN CLEMENTE
First, City staff requested that the Owner provide verification of their access rights to the property.

The Owner commissioned a survey (Attachment 5), which identified their easement rights. The survey (dated November 1, 2023) indicates that the Owner does not have access rights to their property via Del Dios, a private road which was used in October and November by contractors of the Owner to gain access to the site in July of 2023 to de-stack the tower (per Building Permit B23-1495) and to conduct landscape maintenance in October and November of 2023 in accordance with direction provided by an OCFA inspector. Rather, the Owner and their tenants and/or contractors should be and should have been accessing the site via the 20’ easement that links to the Salvador water tower site, approximately two miles south.

Second, City staff requested that the Owner provide verification of continued operation of the site.

The Owner provided a lease history (Attachment 6) detailing the various tenants and the dates of their license agreements. The Owner indicates that AT&T has had continuous license agreements since ATC acquired the site from AT&T in 2000. The “Schedule 2” license agreement indicates an initial term commencing February 28, 2000 with extension options for 30 years. The Owner also indicates that there was never an intention on ATC’s part to abandon the use.

It should be noted that SCMC section 17.72.060(B)(1) creates a rebuttable presumption that discontinued legal non-conforming uses have been abandoned, stating in part: “Nonconforming Uses discontinued for more than one year (365 consecutive calendar days) shall be rebuttably presumed to have been abandoned.” The California Supreme Court has explained that although “[t]he term ‘discontinued’ in a zoning regulation dealing with a nonconforming use is sometimes deemed to be synonymous with ‘abandoned,’” that is not the law. Hansen Brothers Enterprises, Inc. v. Board of Supervisors (1996) 12 Cal.4th 533, 569. Rather, “[c]essation of use alone does not constitute abandonment. ‘Abandonment of a nonconforming use ordinarily depends upon a concurrence of two factors: (1) An intention to abandon; and (2) an overt act, or failure to act, which carries the implication the owner does not claim or retain any interest in the right to the nonconforming use.’” Ibid. Pursuant to SCMC section 17.72.060(B)(3), the property owner has the burden to prove how many consecutive days a use has been discontinued and/or prove a use has not been abandoned.

Staff believes that the evidence provided by ATC is sufficient for the City Council to find that ATC has met its burden to prove that the use may continue and was not abandoned consistent with SCMC section 17.72.060(B)(3).

Third, City staff reviewed complaint history received through its Code Compliance Division related to this site. There have been five nuisance cases opened since 2012, the accompanying descriptions are the complaints received which initiated the cases:
 CE2012-0536 Holes in fence
 CE2012-1479 Hole in fence surrounding cell tower
 CE2016-1519 RSC cell towers vandalized & security breached  CE2018-0245 Transient Break-in
 CE2020-0468 Graffiti on the Ridge Trail private cell site There have been three additional complaints received in 2023. These complaints did not result in code cases because underground cable work does not require a city permit and because the 4 Meeting Date: January 16, 2024 Agenda Item: 8C

CITY OF SAN CLEMENTE
dispute over site access did not involve City property. However, the City did request proof of access/easement rights from the Owner, and a survey confirmed that they should not be accessing this property from Del Dios. The three additional complaints in 2023 were:
 CRM2306-0148 Complainant stated: “There is work being completed to the tower on APN# 690-552-05 (might also be referenced under 616 Del Dios, San Clemente, CA 92672) that does not have a permit. I have spoken to the city to confirm that no recent permits were pulled; however, someone from Cox cable knocked on my neighbors door to indicated that Fisher (name of contractor) will be starting construction on Monday in order to run Fiber to the tower. When asked whether they are putting a cell tower and 5G at that location, Brian Hunter from Cox Cable confirmed that that was the purpose of the work.”  CRM2306-0174 Complainant stated: “I believe there is working being done by Cox Communications subcontractor Team Fishel to move fiber from one location to another that is resulting in 3 days of boring and construction as they are taking up the sidewalk.”  CRM2309-0201 Complainant stated: “There is construction on the tower owned by American Tower. Per their CUP, they must be accessing site via Calle Del Cerro or Salvador via the Ridgeline Trail. They are occupying, blocking and damaging our private road on Del Dios. They do not have an Encroachment Permit.” Fourth, City staff reviewed calls for service, received between January 1, 2019 and December 14, 2023, by the Orange County Sheriff’s Department (OCSD) related to the site. There appear to be 18 calls for service related to the Owner’s property in that timeframe. All calls indicate juveniles trespassing onto Owner’s property, climbing the tower, and creating noise disturbances or throwing things from the tower. Typically, the teenagers had left the area prior to a deputy arriving for a patrol check, but in a couple of instances, deputies did make contact with the teens directing them to clear the property.

The final four calls for service occurred between November 9-10, 2023. These calls were related to a civil dispute between residents and the contractor(s) for the property Owner, with each party alleging that the other had trespassed. This occurred when Owner’s contractor was conducting landscape reduction in accordance with OCFA/CalFire standards. As previously noted, survey results (provided after November 10, 2023) indicated that the utilities easement routed from the City’s Salvador water tower property and did not include access from Del Dios.

Law Related to Public Nuisances
Under Civil Code section 3480, a public nuisance affects an entire community or neighborhood, or any considerable number of persons at the same time, although the extent of the annoyance or damage inflicted on individuals may be unequal. SCMC section 8.52.020 states: “No person shall allow, maintain or commit any public nuisance, or willfully fail to commit any legal duty relating to the removal of a public nuisance.”
While state law contains a definition of nuisance, under Government Code section 38771, cities are free to declare, by ordinance, what constitutes a nuisance. SCMC section 8.52.030 declares, in part, it “a public nuisance for any person owning, leasing, occupying or having charge or 5 Meeting Date: January 16, 2024 Agenda Item: 8C

CITY OF SAN CLEMENTE
possession of any premises in this City to maintain such premises in such manner that any of the following conditions are found to exist thereon:
***
P. Maintenance of premises in such condition as to be detrimental to public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code Section 3479;
***
W. Any building or structure which has any or all of the following conditions or defects:
***

8. Whenever, for any reason whatsoever, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used, ***

11. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants, criminals or immoral persons, or as to enable persons to resort thereto for the purpose of committing nuisance or unlawful or immoral acts,
***
Y. A structure, improvement, property, and/or land use not in compliance with terms and/or conditions of any City of San Clemente issued permit or approval.

Additionally, pursuant to California Civil Code section 1714(a), “[e]veryone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property….” Staff believes that recent trespasses onto the site via the dilapidated fence, climbing on and throwing objects from the tower and public health and safety concerns are sufficient for City Council to find a public nuisance occurring at the site within the meaning of SCMC section

8.52.030.

While the Owner disagrees that there is a nuisance, it has indicated that it would voluntarily agree to implement additional measures to address site security concerns resulting from trespassing and vandalization activities at the site. See Attachment 9. These measures are included in the draft Resolution.

Council Options:

Following a public hearing:
 The City Council could decline to change or revoke Conditional Permit 1021.  The City Council could change Conditional Permit 1021 by adding/modifying conditions of approval or standards for development and operation of the site to mitigate the complaints and calls for service and make the site safer for the public and eliminate the public nuisance. 6 Meeting Date: January 16, 2024 Agenda Item: 8C

CITY OF SAN CLEMENTE
 The City Council could revoke Conditional Permit 1021. If revoked, the Owner would need to apply for a new Conditional Use Permit (CUP) in order to reestablish a telecommunications use at the property. A new CUP would require review by the Planning Commission.

Environmental Review/Analysis
Each of the Council options referenced above is eligible for an exemption under CEQA:
 Taking no action would not require a CEQA determination.  Modifying the entitlement would be categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15301 (14 CCR § 15301, Class 1:

Existing Facilities), Section 15302 (14 CCR § 15302, Class 2: New Construction or Conversion of Small Structures), and/or Section 15303 (14 CCR § 15303, Class 3: New Construction or Conversion of Small Structures).
 Revoking the entitlement (CP 1021) would not be a project under CEQA.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 24-09, which would find the project categorically exempt under Classes 1, 2 and 3, would make public nuisance findings and would modify the entitlement (CP 1021) to incorporate the following conditions of approval:

1. The Owner, its tenants, and any contractors, shall access the property only by means of Avenida Salvador easement – unless they can demonstrate easement rights via Del Dios.

2. The Owner, their tenants, and any contractors shall require escorted access for any vehicles other than light duty pickup trucks. Any damage to the Ridgeline trail observed by City staff to have occurred as a result of access by Owner, their tenants, and any contractors shall be repaired by a contractor of the City’s choosing within one (1) month of noticed damage.

3. The Owner and/or their tenant(s) shall permanently solve ongoing safety issues at the site by preventing persons from climbing the tower, which may be accomplished by replacing the lattice tower with a new monopole tower meeting the general design goals of the City’s Wireless Master Plan or other feasible solution approved by the City.

4. The Owner and/or its tenant(s) shall repair and/or replace the fence with a material and style supported by the City’s Code Compliance Manager and the City’s police services Captain or designee for the purpose of mitigating the issue of ongoing trespass.

5. The Owner and/or its tenant(s) shall install security cameras on the Property to alert the Owner of trespass and safety issues and the Owner shall take proactive responsibility for mitigating and preventing the issue of ongoing trespass.

6. The Owner and its tenants shall operate and maintain the site in a manner that complies with all applicable laws and regulations.

7. The Owner shall defend and indemnify the City.
..end
7 Meeting Date: January 16, 2024 Agenda Item: 8C

CITY OF SAN CLEMENTE
Attachments:

1. Resolution 24-09

2. Conditional Permit 1021

3. Voluntary Compliance Agreement dated July 6, 2023

4. Wireless Screening Form No. WMS 23-231

5. Survey of Easement Access to Site

6. History of ATC Lease/License Agreements

7. ATC redacted Lease/License Agreements

8. ATC’s suggestions to improve site security

9. Public comments
Notification:

Public Hearing published in the San Clemente Times, posted near the site, mailed to Owner and all property owners within 300 feet of property, and provided electronically to Owner, Applicant, and adjacent HOAs.
8 ATTACHMENT 1
4893-7738-2247 v1
RESOLUTION NO. 24-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, AMENDING
CONDITIONAL PERMIT 1021 (1962), WHICH PERMITTED

A MICROWAVE RELAY STATION IN CONNECTION WITH
A PUBLIC TELEPHONE SERVICE AT 616 DEL DIOS,
ASSESSOR’S PARCEL NUMBER 690-552-05, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
WHEREAS, the County of Orange approved Conditional Permit (“CP”) 1021 in 1962 to permit the establishment of a microwave relay station in connection with a public telephone service at 616 Del Dios, Assessor’s Parcel Number 690-552-05 (“Property”), which was later annexed by the City; and
WHEREAS, on March 19, 2020, City staff denied an Eligible Facilities Request (EFR) for a collocation of wireless transmission equipment at the Property because the Property was not in compliance with CP 1021; and
WHEREAS, American Tower Management, LLC (“ATC”) owns the Property and entered into a Voluntary Compliance Agreement with the City on or about July 6, 2023 to reduce the height of the lattice tower back to the 70-foot height stated within CP 1021; and WHEREAS, the City issued building permit B23-1495 on August 30, 2023 to reduce the height of the existing tower from 137.6’ to 70’ measured from the existing adjacent grade to the highest appurtenance affixed to the tower; and WHEREAS, Dish Wireless submitted an Eligible Facilities Request (Wireless Screening Form WMS 23-231) to collocate equipment on the reduced-height tower on July 10, 2023 with revisions submitted on August 31, 2023, which rely on the validity of CP 1021; and
WHEREAS, during public comment at the City Council Meeting on October 17, 2023 and at a Joint Study Session of the Planning Commission and City Council on November 8, 2023, the City received public testimony that: (1) called into doubt the validity of the Applicant’s assertion that the facility is eligible for streamlining under Section 6409 of the Spectrum Act (47 U.S.C. § 1455(a), 47 C.F.R. § 1.6100); (2) suggested that the Owner and Applicant had provided incorrect, false or misleading information to the City; (3) indicated that the Property was not maintained in conformance with the applicable conditions of approval; and (4) alleged a history of and ongoing public nuisance activity at the Property; and
WHEREAS, trespassing on the Property, climbing the tower and throwing objects from the tower raises significant public health and safety concerns, including potential injury to persons and property and dangers associated with fire; and 9 Resolution No. 24-09 Page 2
4893-7738-2247 v1
WHEREAS, the San Clemente Municipal Code (SCMC) provides a process by which the City may change or revoke approved applications (Section 17.12.175) and that existing approvals are deemed to have lapsed if they are inactive for a period of at least one year (Section 17.12.150); and
WHEREAS, on December 5, 2023, the City Council of the City of San Clemente directed City staff to take all steps necessary and proper to initiate a public hearing for January 16, 2024 for the City Council to consider changing or revoking Conditional Permit 1021, the Voluntary Compliance Agreement and Wireless Screening Form WMS 23-231, all related to the microwave relay station in connection with a public telephone service at 616 Del Dios, Assessor’s Parcel Number 690-552-05; and WHEREAS, on January 16, 2024, the City Council held a duly noticed public hearing regarding the alleged violations of conditions and nuisances related to the telecommunications property at 616 Del Dios, Assessor’s Parcel Number 690-552-05 and considered the facts and evidence presented within the staff report and testimony by the property owner and any interested members of the public.

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

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

SECTION 2. Findings for City Initiated Changes or Revocation of Approved Applications.

Based upon its review of the entire record, including the staff report, any public comments or testimony presented to the City Council, and the facts outlined below, the City Council has determined that a change to the approved application, Conditional Permit 1021, is warranted and necessary to protect the general welfare. As required under SCMC Section 17.12.175, the City Council finds as follows:

A. Conditions of approval of the approved application(s) are being violated or are not being satisfied, in that:
i. After the City and Property Owner entered into the Voluntary Compliance Agreement dated July 6, 2023, the property has continued to be maintained in a manner inconsistent with the conditions of Conditional Permit 1021;
ii. The access path has not been maintained in a manner that is sealed and prevents dust; and
iii. The Property Owner and/or their contractors and tenants have continued to access the site through private property via the Del Dios private road, which is not a part of the approved access or in accordance with dedicated easement rights.

B. The site or land use is being operated in a manner that constitutes a 10 Resolution No. 24-09 Page 3
4893-7738-2247 v1
public nuisance within the meaning of SCMC section 8.52.030, in that:
i. The access path and perimeter fence have not been maintained in a good condition, resulting in numerous Code Compliance complaints related to maintenance, trespass, and vandalism issues at the subject property; and
ii. The Orange County Sheriff’s Department, which manages policing services for the City, has received eighteen (18) calls for service over the past year related to nuisance activity at the subject site, with the most common call related to trespass and unsafe climbing of the telecommunications tower by minors; and
iii. The Property has been maintained in such condition as to be detrimental to public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code Section 3479; and
iv. The tower structure at the Property is manifestly unsafe for the purpose for which it is used; and
v. The tower structure in combination with the fence at the Property as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants, criminals or immoral persons, or as to enable persons to resort thereto for the purpose of committing nuisance or unlawful or immoral acts.

SECTION 3. CEQA Findings.

Based upon its review of the entire record as a whole, including the staff report, any public comments or testimony presented to the City Council, and the facts outlined below, the City Council has determined that amending the conditions of approval as set forth below is categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15301 (14 CCR § 15301, Class 1: Existing Facilities); Section 15302 (14 CCR § 15302, Class 2: New Construction or Conversion of Small Structures), and Section 15303 (14 CCR § 15303, Class 3: New Construction or Conversion of Small Structures) because this action would only result in the modification or replacement of existing structures, with no increase in height or intensity of the use of the site, and maintains the use of the site in a manner that protects the public health and will not result in a direct or foreseeably indirect substantial impact on the environment.

SECTION 4. Amendment to CP 1021
Based on the Findings referenced in Sections 2 and 3, the City Council hereby amends Conditional Permit 1021, consistent with SCMC Section 17.12.175, to incorporate the following additional conditions of approval, which are necessary to remedy the ongoing lack of compliance with existing permit conditions and to abate ongoing nuisance and public health and safety issues identified within the record:

A. The Owner, its tenants, and any contractors, shall access the property only by means of Avenida Salvador easement - unless they can demonstrate easement rights via Del Dios.
11 Resolution No. 24-09 Page 4
4893-7738-2247 v1
B. The Owner, its tenants, and any contractors shall require escorted access for any vehicles other than light duty pickup trucks. Any damage to the Ridgeline trail observed by City staff to have occurred as a result of access by Owner, their tenants, and any contractors shall be repaired by a contractor of the City’s choosing within one (1) month of noticed damage.

C. The Owner and/or its tenant(s) shall permanently solve ongoing safety issues at the site by preventing juveniles from climbing the tower, which may be accomplished by replacing the lattice tower with a new monopole tower meeting the general design goals of the City’s Wireless Master Plan or other feasible solution approved by the City.

D. The Owner and/or its tenant(s) shall repair and/or replace the fence with a material and style supported by the City’s Code Compliance Manager and the City’s police services Captain or designee for the purpose of mitigating the issue of ongoing trespass.

E. The Owner and/or its tenant(s) shall install security cameras on the Property to alert the Owner of trespass and safety issues and the Owner shall take proactive responsibility for mitigating the issue of ongoing trespass.

F. The Owner and its tenants shall operate and maintain the site in a manner that complies with all applicable laws and regulations.

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

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

PASSED AND ADOPTED this _____ day of ____________________, 2024. 12 Resolution No. 24-09 Page 5
4893-7738-2247 v1
__________________________
Mayor of the City of San
Clemente, California
ATTEST:
___________________________
CITY CLERK of the City of
San Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-09 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of January, 2024, 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
13 Attachment 2
14 t
15 APPllCJITION r0R CONDITIONAL PERMIT
COUNTY ot ORANGE. CALIFORNIA
No.CP 1021 SUPl!.RVISORl,t,L DISTRICT:_i.__
~!LING o ... n, Nov, 27 1962 Hl!AR INl!I oAn,Dec, 12, 1962 :~::1
M~,c~:~• 2~f~ (None) Rl:::Fl!RRl!D To..Jla.tnit.l _ _ _ Bldr, Dept,, _
_.J Scherman ___city of San ___c].o,mt_o__
American Telephone &. Teleg.r-aph Cor,reany c/o DT &. T Company 1425 6th Avenue, .";--;rim, .... ••l .a~, ... !;.!U1 Diego 1. Room 401 235-6129 ph oM .. . ~.:, H. Watts 1475 6th Av~~1~:•. d~?,Olfl 401, Sa11 Diego 1 2)5-6129 TO PERMIT the establishment of a microwave relay station in connection with a public telephone service in the Al General Agricultural District.

Said station will consist of an approximate· 28 :ft. by 58 ft. building and a 70 ft. antenna tower all located substantially as indicated on the attached plot plane Access to the site will be via an existing private road running northea!!lterl:, approximately 2 1:1.iles from the City of San Clement13 Reservoir site.

The structures will be enclosed by a 6 ft. chain l:lnk fence with locked gate.

There will be co employees on the premises exc!Jpt for periodi c maintenance.

Height Var1anc2 f9r Antenna: From 35 ft. to a iw-.ximum of 70 ft.

LEGAL DESCRIPTION DI SUBJECT PROPERTY: See attached sheet.

L.ouuon ol prop .. ly:-Appr.ox:-lmate]y 2 miles nartheaste~tha....e"Od of Aven1da Salxador (at San Clemente water reservoir} at end of a private road, Prounl uu c l proo•,1r1~e lu,d northeast of San Clem.ante .

A<IIJo1,.lngprDP•rlrown•d<><l••HdbVappllun11-.......JOOll"'----------------- GR.ANT£D
........ W-!Y.H··
CONDITION3 BY ACTIDII OF THE
OH!NGI COUNTY
PLANNING COMMISllON
::..-;;::.::.:: .. ::1.2-J<s>.a-:-: ..
3 102 1
FEE1 s2s.00 1110. CP_J1.10Li2CJ.J ___ _
16 ORANGE COUNTY PLANNING COMMISSION 400 West Eighth Street, SQnlo Ana, California T ,=lcphone: 547-0547 0£C£H8£R 27, 1962
Or;~y~dr~~n;~d n;~~~i;ent of
400 West Eighth Street Santa Ana, California
Attention~ Mr. C. W. Donohue, Superintendent
Re: c-1021
Gentlemen:

I ~!o
GEORGE. E, PREBLE

CHARLES W, BARNES
HOWARD k, SMITl,I
The Orange County Planning Cornmission at its regular
meeting of DEcEHHR 12, 1962 authorized the issuance
of COfllOITIO .. U. PtRl11T A .... LICATIOH No. c-1021 Of' AMCIIIICAN T1:u:PH:>Nt & TELIE:OIUll'H co,.. .. ,un·, SUBJECT TO TM£ CONOI TION:S STATED IN TN£ EMQLOSED CO"'I" o.- TN£1R MtNUTEGo
'l.'he appeal period as provided for in the Orange County Zoning Code has expired. The determination of the Planning Commission is now final.

Enclosuras:

Very truly yours ,
ORAN~OUNTY P~~ COMMISS N
#~:-:✓✓-~~ Harry E~gh, Pla ing Director and Secretary to the Commission Application (J) Commission Action (J)
3 102 J
17 l

MINUTES
OR>NGE COUNTY PLL"l:UNG CClt-ft-!ISSION : lEETING - DESEI-\Bl'.R 12, 1962 i I P,.c, TAPE NO., 35, F:EG,ORDING INDEX: 11020
5SD C-1021, OF A1'1ERICAN TELEPHONE & TELEGRAPH COMPANY, NORTHEAS'..' OF SAN CLEME?JTEo ~al~~~~~: (a~P~~~~:~:;~e 2v;:~;s r~~~~~i~~e~~Y e!~0~r t~e p~~~a~; ~=~=da Request: To pe:nnit the establishment o:r a microwave relay station in connection with a public telephone oervice in the Al General Agricultural District, according to appl.ication on file .. corn:ISSION ACTION: 1109: Granted upon the i'ollowing conditicns:

1., The site shall be fenced as indicated on Exhibit "An o:f this . application; 2a The entire f'enced-in area shall be covered with crushed rock; ;.. The access road leading to the sit.e shall be oil sur.raced or treated so as to eliminate dustg on motion 0£ Barnes.,
A letter was received f'rom the Di vision of Forestry recommending that all local, city alld state fire laws and regulations be adhered to., 1-.ir., w., H., ,1atts. agent f'or the applicant,. was present and explained the purpose of this proposed station.

I DH C!IT!F1 lllll TIIIS IS I TIii! CIIF1 If II
Ull!rl FF.OM T8E M.NUUS It 111! , .. m CIIUITY
l'UIINll6 C!Ml,IISSIOL
h~~ · IIIILI..,_, rr3 102 I
22 OFFICIAL COPY ORANGE COUNTY PLANNING 0£PARTMENT
18 I ;
ORANGE COUNTY PLAN!IING CCi-lMISSION MEETING - DECEMBER 12, 1962 P.C. TAPE NO. , RECORDING INI1£X:

SSD C-1021, OF AJ.lERICAN TELEPHONE & TELECRAPH COMPANY, NORTHEAST OF SAN CLE!•lENTE.
ti~:a:~= (a~p~~~e!:!~e 2 !fe~s r::~~~i~e~~y e!For t~e p:~~a~! ~:~da Request: To permit the establishment of a microwave Nlay station in connection with a public telephone service in the Al General Agricultural District, accordi.ug to application on tile. ;; ·;:
/ 1.-., +
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C ,: , • .,, , _ s<, '· 1.-,.

I ;
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'-- -
3 1021
19 OFFICE OF THE ORANGE COUNTY PLANIGIIG DEPARTNENT
MEMORANDUh
TO: Orange County Planning Commission DATE: December 12, l9b2 FRc»l: Har;y E. Bergh, Planning Director
SUBJECT: C-1021, OF .S:'.E,uCAH TELCPHO!lE I. TELCGTIAPH co::PANY , l!ORTfillAST OF SAIi CLfil,'.E,ITE.

Staff Reoort: This application is to permit th& es1;ablishment of a microwave relay station in connection wi'th a public telephone service in the Al General Agricutural District .

This station will consist of an approximate 2~ foot by 5'3 foot building and an antenna tower having a r:i.::iximum height of 70 i'eet on an acre parcel approximately 2 r.:iles northeaat from the City of San Clemente . The station ,1111 be unattended and maintenance ;·rill be perf!l:nned at periodical intervals only.

The structure will be enclosed by a 6 foot chain link fence with a locked gate. For fire protection purposes crushed rock Nill cover the entire fenced-in area.

Public notices t·1ere mailed to the t.wo property owners within JOO .feet of the premises.

If this application is considered for approval, it is sugr,ested that the following conditions should be considered :

L The site shall be fenced as indic&.ted on Exhibit 11A11 of this application; ~. The entire fenced-in area shall be covered with crushed rock;

3. 'fhe access roar.J leading to the site shall be oil surfaced or treated so as to eliminate dust. 3 1021 HTT : svb
aespectfully submitted,
~;H ~ECTOI!
itichard T. Turner, Pl.:i.nner Ill Planning Administration Division 20 THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY
F. 0. BOOTH 01,JILOINCJ ENGINCl:R
1475 SIXTH AVENUE

SAN DIEGO I, CALIFORNIA
DEC b 1962
Orange County Planning Commission
400 Weat 8th Street
Santa Ana, Califomia
Attention: Mr. Richard Turner
Gentlemen:

CONDITIONAL PERMIT APPLICATION
c ... 1021
This will supplement our Conditional Permit Applications dated November 26, 1962, on the Irvine Ranch near Corona Del Mar and the Viabeek Ranch east of San Clemente.

The f enced areas applicable to each site are shown on the attached plot plans l.n quadruplicate. The fence will be of chain link construction six feet in height.

We trust this information will be sufficient to complete your staff report.

Attachments
Ve~y truly yours,
_ 2-t:/1 ></i,/,. z.·z: t':Y
F. D. Booth
~ Building EnginC!.er
3 1021
~~~L:::-il.itl_j
DEl 7 191i2
ORAtm~ r.nlll\lTY
Pl.ANN_ll G CUMLtl$10N
21 Dt':::.:!E~N
KDtut<>llMo•tno
REED
P(',.TRl~L_ - COMM
i i
l I
STA're OF CAUFOil:NIA
DEPARTMENT OF NA!URAL RESOURCES

DIVISION OF FORESTRY
Mr. Harry E. Bergh, Planning Director
Orange County Planniog COl!llliseion
4oo West E18hth Street Santa Ana , California
Dear Mr. Ber gh;
P. a. Box 86
Orange, California
November 3D, 1962
Application for Conditional Permit~
Reference is made to your letter of November 29,
1962, in regard to Applicat!on for Conditional Penni t CP 1021 for the erection of a microwave relay station, In reviewing this application, I see no problem
affecting the fire service. Ho,.ever, should the pemit
be approved, I would recommend that one of the conditions be that all local, city, and state fire lava and regulations Qe adhered to.

JAS:fnh
Very a incerely yours,
3 102 I ~~~lEaW~~ DEG ~ 1962

ORANGE COUNTY PLANNING COMMISSION
CONlllVAllON II WIU vn-1111, CAllfO~NIA OUIN AND ftOlOIN 22 THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY
F. 0. BOOTH BUU .. olt,ni ENGINEER
'"Nl40<.Dl71• •
147!5 SIXTH AVENUE
SAN DIEGO 1, CALIFORNIA
NOV 2 6 1962
Orange Pl anning Comndssion
400 West 8th Street
Santa Ana, California

CONDITIONAL PERMIT APPLICATION
Gentlemen:

Extensive demands for long distant communication circclts ri:!quires that the Telephone Company- build one of several micro1,ave rel.w stations on the Visbeek Ranch East of San Clemente, Orange County.

This station will form a very important lit1k in the Telephone Company's coast to coast communication network.

The operating frequencies will not interfere with local television or any other radio systerr.s.

We plan to construct an initial building approximately 28 1 x 58 1 together with a tower 70 1 high on a one acre plot of ground.

The station llill be uno.ttended. Maintenance -will be performed at periodical intervals only.
:!!!:xisting access roo.ds will be L'llproved and utilized on the Visbeek Ranch.

Accompanying this application are tho following:

Seven plot plans. Six copies of legal description
Original and five copies of letter of request. Original and four copies of lottor of authori11a.tion by owner.

Ono photograph of typical installation.

Check No .Dit.<le>S7 in the .:imount of $25 . 00 for filing fee.

Your l'avorable consideration will be greatly appreciated. 3 1021
Attachments
Very truly yours,
.-,.•,:/ /--/-<-<)~
f' . D. 'Boot.h Building Enginoor
,I
,I
\I
I
'II I
'
23 ROY VISBEEK

1.)405 SOUTH ARTESIA BUENA PARK, CALIFORNIA
The Pacific Telephone and 'l'alegraph Comr,an,y 1475 Sixth Avenue, Room 401 San Diego l , Cal i.fornia Attention: Mr. F. D. Booth
Buildir:g Engineer
Roferericl": Cption to Purchase Re,tl. Prope~ty -
Roy ll'isbeek to the American Telephone and Telegraph Company NOV 9 1962
In connection with the above mentioned matter, 1.he American Teltiphone and Telegraph Compaey is hereby authorized to act on lllY behalf for the ·iurpose of obtaining· a Conditional Use Permit from the cognizant governmental authorities for the uses and purposes required by your Company.

This letter form of authorization is made for an on behalf of Roy V1sU2ek, 3 102 l
Very truly yours,
••~ffiiZ/;., -J Ro:,•,i.~~: -.," .. • u~ ··- . /, - , . - 24 !
I
t
I
I
\
SAIi CLIM&ltl
A portion of tb• Soutbw .. t oa••quarter of rnctloaal Sectioo 26 0 tCVD•blp 8 South• aana• 7 Welt, Su. aecaardino B&H ·aod Narldlaa., io.

OrA::.S• Couaty, State of Callforala, deacdbed. •• fol10111:
fl•&lDDiDg at U .s .c, , G .s. 'h'iaaaulat.loa St.atloa "c1--.u"; Hid atatlou bdq a ataad&rd u,s.c. 6a G.S. bru• cap 1101n.,.t n•pod "Claauta, 1933"; tb•c• Roeth n• SJ' 11" laat oo • true burlag 51~9-11 fHt to tb• True Point of Baglaniq; tbac• llortb n• 06' 39" WHt 104.36 hat; tb•c• llortb 31• 53' 21" BHt 208.71 £Ht; t.bac• South ss• 06' 39" &aat 208.71 fHt to a point wblcb bun South 39• OS' 09" Walt 4694.10 faat, aora or la111, froa th• iatai-1.ctlon corner of th• Waaudy Un of Lot ao. 39 of bo.cba Santa K11r1adta and th• Soutbarly Uae of Lot 37 of lancbo Miwatoa. Viejo u abOWG Oil SbMt llo, 11 of -P of &acor4 of Survey, racord!M la look 8 PagH 34 to &6 0 la .. clu iva of ll.Kord of Survey•, record• cf or-s• tOUt&t)', aeid iot•r••ctloa. cora.er beiq a 6" s 6" concrete aoa.uaent wltt. a br••• cap •t•ped, "l&Dcho Saata Kar1ar1ta, Joa. A. Hurley Su.t"fey"; th•c• South 31• 53' 21" Wen 208 . 71 f .. t; thee• North ss• 061 39" War.t 104,35 f .. t to tbe Tru• Polnt of Bagimiaa.
25 I
PUBLIC
NOTICE AN APPLICATION HAS BEEN Fl LEO BY AMERICAN TETEPHOHE & TETEGB&PH

COMP NY
FOR A ___ c,,,O.,IID"""IT,..I.,o.,N,.1L.._.P_.ERMI""''-'T._ ____ , NO.,_--"C-::.J.,.0..,2..,J __ TO PERMIT THE ESTABLISHMENT OF & MICROWAVE RELA.Y STATION IN CORRECTION ',OTH A PUBLIC TELEPHONE SERVICE IN THE Al GENERAL

AGRICULTURAL DISTRICT,
LOCATED .AWW7XMlfflX: 2 MILES ~THEASTEBLX FROM tHE ENTI OF AVENIDA SALVAIJOR AT SAN CLEMENTE WATER RESERVOIR AT EIID OF A PRIVATE ROAD, NORTHEAST OF SAN CLEMENTE.

A PUBLIC HEARING WILL BE HELO ON THIS APPLICATION BY THE ORANGE i~u~~~/~~N~~~G I ~o~~~ sm~N~~G w~g~m~ToN AfffflWE~oM: ~tNtERI NG BUILDING, 400 WEST EIGHTH STREET, SANTA ANA, CALIFORNIA .

FOR PART1cuLARs, PHONE ,~~~hmn1I1U1ttD- oR cALL AT THE OFFICE OF THE ORANGE COUNTY PLANNING DEPARTMENT, ENGINEERING BUILDING, 400 WEST EIGHTH STREET, SANTA ANA,
S 102 I
26 j
f
+
f

PROPERTY OWNERS L I S T
~~~~
Th1sh 11 sOtRAaNcGcEomcpo•u"NrleYsPALAPPNNI llcNaGtcloOnMMNloss' I ;-/AAt and is, hsubml tted tote o 1ncomp11ancewt Ordl nance No. 1008.

Al I of the fo11ow1ng ~ persons l lsted are en the latest ~1°~;~~ ~~~hJ~ ~~~~~y h~r=~i b~~) t~:eieg~ 1 t~=n=~~e~f o~11 parce 1s boundaries of the attached legally described parcel of land which Is the subject property of the above numbered appl I cat I on.

NAME
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ADDRESS
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ASSESSOR'S

PARCEL NO,
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flSSf Af.,._T/'O'?M Ql,TAI~)
; ~-----'"'"'='ce"c_ _______ _
3 102 1
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S 1021
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ISSUE
3 1 O 2 l Gf'NCRAL NOTf"S
I. -:,<.:lt-,E? ·\ , . '~1/&JJ !v:-·!ifl!
, ~lt.J$/;!(> C,.,,a,Jfl40J!Q 4eE4 TO 'JILTIII.

2. n,,.,c'-fONUMfUJ>' l!>~TATA'-L.>:D.IV>IE.of5<>,.,-1"'-0Y t.,.4 ~/NO~ 4e• """"'l!O ON Tilt.JI. NOeTr(
S 102
,-;::\~ V SANHAJ;J:os
AVTCNAJA Pc.AT.C"GeM .,,;.

SID£ OLA TJ::Of?M AT 60'
lJrT t~: ,'.,:_. ~v
SITE PLAN OAANGE cou:nr j>L,,J,;;.tNG OEl'ARn Jc. ...... L..c. Yrt•- t' THE PACIFIC TEL. AND TEL. CO.

O,, .. Ct0f"Cl<IU< .... 11<U•
•>H<>IWO ,C,,L,_o ... ,.

L.A.-DALLAS RADIO RELAY Rou·rE
S'AN CLE.MENTE
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Attachment 3
29 VOLUNTARY COMPLIANCE AGREEMENT

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 !s entered into as of July~' 2023 t'Effective Date'1).

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 Trailf Rancho San Clemente, California 92672 (APN: 690-552-05) C'Property") that was approved under a Conditional Use Permit in 1962 by the Orange County ("County',) Planning Division, which then had jurlsdictio:i. over the Property C' 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 13 7. 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 CountyJ nor ATC have been able to locate any records authorizing the expansion in height of the tower from 70 ft. to the current height. 30 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 of 70 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-
~S33.?i02'00i.3Ull3538.2
31 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 'i\ith 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 CVP 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 Wire.less 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-
~S33i!i02'flm4O113538.2
32 damages arising from or relating to any enforcement proceedings for non-compliance as of the 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 this Agreement. ATC 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 ATC Released Claims or this Agreement, the 1962 CUP or ATC 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 the 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.?502900'5.H M13 53 8.2
33 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. This 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-
4813i15Q2900l,IJUID 53 82
34 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, government 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-
~S33i?i02900i.3O,Il3538.2
35 I 9. Signatures. By signing be low, 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 JL_, 2023 By:

APPROVED AS TO FORM:

Dated: July 6 , 2023 By:

Dated: June ,S_, 2023 By:
-7-
48!13:60290ll\"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 An-ft: • , ower Management,
LLC

CITY OF SAN CLEMENTE
Wireless Communications Facilities Application Screening Form For accommodation under Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 for facilities outside of the public right of way Project Address: _______________________________________________________________ Applicant/Carrier: _______________________________________________________________ This form serves to assist the City of San Clemente in determining whether a proposed collocation or modification to an existing wireless communications facility qualifies as an eligible facilities request and/or would cause a substantial change as defined by the FCC. Please submit the following:
 Completed Application Form  Application Fee: $47.57
 Letter of Authorization from Wireless Carrier  RF Compliance Analysis (if applicable)  Digital Copy of Plans (.pdf)
 Photosimulations and/or Current Site Photos

1. Is this an existing approved wireless communications facility? If NO, stop filling out this form. The project requires a discretionary permit.

If YES, list previous approvals for cellular installations at the site (include entitlement and building permit numbers).

2. Describe in detail the existing approved facility. Include facility type, size, height, number of existing antennas, existing equipment, etc.

3. Describe in detail the proposed wireless facility modifications. Include number of antennas, remote radio units, cabinets, and/or equipment proposed for removal, replacement, or addition.

4. Describe the proposed concealment elements and/or techniques and how, if at all, the project would alter the existing concealment elements.
 Yes  No
2M NE of San Clemente San Clemente, CA 92672
Dish Wireless, L.L.C.

Conditional Permit No. C-1021. See attached for prior CUP.

Existing wireless facility tower is 137' tall with (2) horn mounts, (1) 8' dipole, (1) omni antenna, and (2) platforms with handrails. The tower will decrease in size to 70' to meet prior existing approval.

See scope of work on attached site plans for more details.

See scope of work on attached site plans for more details.

The proposed tower will decrease in height by 62.5' to 70'. The project will not affect the existing concealment elements.

The proposed tower height will decrease from 137' to 70'. There will be (3) panel antennas, (3) sector mounts, (6) RRUs, (3) Back to Back mounts, (1) OVP, and (1) Hybrid Cable. (1) Equipment cabinet is proposed.

Attachment 4
36 ✓
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ELIGIBLE FACILITY CRITERIA

5. Does the project increase the facility height by 10% or more than 20 feet?

6. Does the project increase the width by more than 20 feet or protrude beyond the width of the tower at the level of the appurtenance?

7. Does the project involve the installation of four or more equipment cabinets?

8. Does the project defeat the existing concealment elements of the tower?

9. Does the project include any excavation or new ground equipment outside of the current leased/owned wireless facility area?

10. Is the project inconsistent with the original conditions of approval under which the project site was approved and developed?
If you answered YES to any questions in this section, stop filling out this form. The project requires a discretionary permit.

APPLICANT’S CERTIFICATION
As the Applicant/Representative for the Applicant, I acknowledge that the above information and supporting documents are, to the best of my knowledge, an accurate and complete representation of the proposed project. I understand that the City of San Clemente will rely on my responses to evaluate whether to process this application in accordance with the FCC’s regulations under 47 C.F.R. § 1.40001 et seq., and I acknowledge that any inaccuracies may result in the application being deemed incomplete or the request for approval pursuant to Section 6409(a) being denied.

Applicant Name: _________________________ Company: __________________________ E-Mail Address: ___________________________ Phone No: __________________________ Signature: _______________________________ Date: ______________________________  Yes  No
 Yes  No
 Yes  No
 Yes  No
 Yes  No
 Yes  No

FOR CITY USE ONLY
Zoning Review No.: _________________________ Submittal Date: _____________________ STAFF DETERMINATION:
 APPROVED. This project meets criteria for review under 6409(a). A discretionary planning permit is not required for the proposed collocation/wireless facility modification. Proceed to building plan check.
 NOT APPROVED. This project represents a “substantial change” to the existing facility, as defined by the FCC, and is not eligible for review under 6409(a). Approval of a ________________________application is required before the project may be submitted into building plan check.

Signature:____________________________________ Date: ________________________ Planner Name, Title: ____________________________________________________________ Kellie Stremme Tower Engineering Professionals
[email protected] 480-202-5416
9-5-23
WMS23-231 9-5-2023
x
Jonathan Lightfoot, Economic Development Officer
9/5/2023
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PROJECT SUMMARY
FIELD SURVEY DATE: 10/28/2023
SITE ADDRESS: 2M NORTHEAST OF SAN CLEMENTE, SAN CLEMENTE, CA 92672-7521

PARCEL INFORMATION
OWNER: AMERICAN TOWER MANAGEMENT, INC., A DELAWARE
CORPORATION, AS TO 690-552-05; RANCHO SAN CLEMENTE BUSINESS

PARK COMMUNITY ASSOCIATION, AND RANCH SAN CLEMENTE
COMMUNITY ASSOCIATION, AS TO 690-552-09; HARBOR VIEW ESTATES

HOMEOWNERS ASSOCIATION, A CALIFORNIA NONPROFIT MUTUAL
BENEFIT CORPORATION, AS TO 690-68 1-70 & 690-681-71
OWNER ADDRESS: P.O. BOX 723597, ATLANTA, GA 31 1 39-0597 APN: 690-552-05 (TOWER), 690-552-09 (ACCESS), 690-681-70 (ACCESS), 690-681-71 INSTRUMENT NO. 20000126912
TOTAL AREAS:

PARENT/ATC FEE PARCEL: 1.00 ACRES± (43,602 SQ. FT.±)
20' ACCESS & UTILITY EASEMENT: 0.40 ACRES± (1 7,279 SQ. FT.±) GEOGRAPHIC COORDINATES OF TOWER:

LATITUDE: 33
°
26'37.19" N LONGITUDE: 117
°
35'19.16" W
VERTICAL. DATUM: NAVD 1988 HORIZONTAL DATUM: NAD83
GROUND ELEVATION: 770' AMSL

COORDINATES & BEARINGS ARE BASED ON CALIFORNIA STATE PLANE COORDINATES, CB ZONE.

FLOODPLAIN:

PER THE FEMA FLOODPLAIN MAPS, THE SITE IS LOCATED IN AN AREA DESIGNATED AS ZONE X.

COMMUNITY PANEL NO. : 06073C0100G DATED: 12/20/2019

BOUNDARY NOTE

THIS SURVEY DOES NOT CONSTITUTE A BOUNDARY SURVEY OF THE PARENT TRACT_ ANY PARENT TRACT PROPERTY LINES SHOWN

HEREON ARE FROM SUPPLIED INFORMATION AND MAY NOT BE FIELD VERIFIED.

ENCROACHMENT STATEMENT

AT THE TIME OF THE SURVEY, THERE WAS VISIBLE EVIDENCE OF AN ENCROACHMENT AS FOLLOWS:
- NO METES/BOUNDS DESCRIPTION OF THE ACCESS/UTILITY EASEMENT

WAS PROVIDED, WHICH WOULD BE REMEDIED BY THE AS-SURVEYED LEGAL DESCRIPTION SHOWN HEREON_

SURVEYOR'S NOTES

1. THIS IS AN AS-BUILT TOWER SURVEY, MADE ON THE GROUND UNDER THE SUPERVISION OF A CALIFORNIA REGISTERED LAND SURVEYOR. DATE OF FIELD SURVEY IS OCTOBER 28, 2023.

2. THE FOLLOWING SURVEYING INSTRUMENTS WERE USED AT TIME OF FIELD V SIT: TOPCON GM-55 AND TOPCON HIPER SR G.P-S. RECEIVER, (R.TK NETWORK CAPABLE).

3. BEARINGS ARE BASED ON CALIFORNIA C6 STATE PLANE COORDINATES NAD 83 BY GPS OBSERVATION.

4. NO UNDERGROUND UTILITIES, UNDERGROUND ENCROACHMENTS OR

BUILDING FOUNDATIONS WERE MEASURED OR LOCATED AS A PART OF THIS SURVEY, UNLESS 011-lERWISE SHOWN. TREES AND SHRUBS NOT

LOCATED, UNLESS OTHERWISE SHOWN
5_ BENCHMARK USED IS A GPS CONTINUOUSLY OPERA TING REFERENCE STATION, PIO DM7578. ONSITE BENCHMARK IS AS SHOWN HEREON.

ELEVATIONS SHOWN ARE IN FEET AND REFER TO NAVO 88.

6. THIS SURVEY WAS CONDUCTED FOR THE PURPOSE OF AN AS-BUil T

TOWER SURVEY ONLY, AND IS NOT INTENDED TO DELINEATE THE

REGULATORY JURISDICTION OF ANY FEDERAL, STATE, REGIONAL OR LOCAL AGENCY, BOARD, COMMISSION OR OTHER SIMILAR ENTITY.

7. ATTENTION IS DIRECTED TO THE FACT THAT THIS SURVEY MAY HAVE BEEN REDUCED OR ENLARGED IN SIZE DUE TO REPRODUCTION. THIS SHOULD BE TAKEN INTO CONSIDERATION WHEN OBTAINING SCALED DATA.

8. THIS SURVEY WAS CONDUCTED WITH THE BENEFIT OF AN ABSTRACT TITLE SEARCH.

9. SURVEYOR HEREBY STATES THE GEODETIC COORDINATES AND THE

ELEVATION SHOWN FOR THE CENTERLINE OF THE TOWER ARE ACCURATE TO WITHIN +/- 20 FEET HORIZONTALLY AND TO WITHIN +/- 3 FEET VERTICALLY (FM ACCURACY CODE 1A).

10. SURVEY SHOWN HEREON CONFORMS TO THE MINIMUM REQUIREMENTS AS SET FORTH BY THE STATE BOARD FORA CLASS "A" SURVEY_

11. FIELD DATA UPON WHICH THIS MAP OR PLAT IS BASED HAS A CLOSURE PRECISION OF NOT LESS THAN ONE-FOOT IN 15,000 FEET (1':15,000')AND AN ANGULAR ERROR THAT DOES NOT EXCEED 10 SECONDS TIMES THE SQUARE ROOT OF THE NUMBER OF ANGLES TURNED. FIELD TRAVERSE WAS NOT ADJUSTED.

12. THIS SURVEY IS NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND THE ORIGINAL SEAL OF A STATE LICENSED SURVEYOR AND MAPPER.

13. THIS SURVEY DOES NOT CONSTITLJTE A BOUNDARY SURVEY OF THE PARENT TRACT. ANY PARENT TRACT PROPERTY LINES SHOWN HEREON ARE FROM SUPPLIED INFORMATION AND MAY NOT BE FIELD VERIFIED.

14. THERE IS ACCESS TO THE SUBJECT PROPERTY VIA DEL DIOS, A PRIVATE RIGHT-OF-WAY.

15. THE LOCATION OF ALL UTILITIES SHOWN ON THE SURVEY ARE FROM VISIBLE SURFACE EVIDENCE ONLY.

16. AT THE TIME OF THIS SURVEY THERE WAS NO OBSERVABLE SURFACE

EVIDENCE OF EARTH MOVING WORK, BUILDING CONSTRUCTION OR BUILDING ADDITIONS WITHIN RECENT MONTHS.
17_ AT THE TIME OF THIS SURVEY THERE WAS NO OBSERVABLE EVIDENCE

OF THE SUBJECT PROPERTY BEING USED AS A SOLID WASTE DUMP, SUMP

OR SANITARY LANDFILL

18. AT THE TIME OF THIS SURVEY, THERE WAS NO OBSERVABLE EVIDENCE

OF ANY RECENT CHANGES IN STREET RIGHT-OF-WAY LINES EITHER

COMPLETED OR PROPOSED, AND AVAILABLE FROM THE CONTROLLING JURISDICTION.

19. AT THE TIME OF THIS SURVEY, THERE WAS NO OBSERVABLE EVIDENCE OF ANY RECENT STREET OR SIDEWALK CONSTRUCTION OR REPAIRS.

20. THIS SURVEY WAS PREPARED TO SHOW THE INTERESTS OF AMERICAN

TOWER CORPORATION AND IMPROVEMENTS PROXIMAL TO SAID
INTERESTS. IT DOES NOT CONSTITUTE AN AS-BUILT SURVEY OF THE ENTIRE PARENT PARCEL.

21. ALL CALLS ARE AS PROVIDED/AS SURVEYED, UNLESS OTHERWISE NOTED.

LEGAL DESCRIPTION
PARENT/ATC FEE PARCEL -AS PROVIDED & AS SURVEYED (CORAL REPORT):

BEGINNING AT A POINT SOUTH 38"05'09" WEST 4694.10 FEET FROM THE INTERSECTION CORNER OF THE WESTERLY LINE OF LOT 39 OF RANCHO SANTA MARGARITA Y. LAS FLORES WITH THE SOUTHERLY LINE OF LOT 37 OF RANCHO MISSION VIEJO AS SAID INTERSECTION CORNER IS SHOWN ON A MAP FILED IN BOOK 8 PAGES 34 TO 46 INCLUSIVE OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID INTERSECTION CORNER BEING MARKED BY A 6" X 6 ° CONCRETE MONUMENT WITH A BRASS CAP STAMPED "RANCHO SANTA MARGARITA, JOS. A. HURLEY SURVEY''; THENCE SOUTH 31
°
53'21" WEST 208.71 FEET; THENCE NORTH 58
°
06'39" WEST 104.35 FEET FROM WHICH
POINT A STANDARD UNITED STATES COAST AND GEODETIC SURVEY MONUMENT WITH A BRASS CAP STAMPED "CLEMENTE 1933" BEARS SOUTH 31
°
53'21" WEST 51 69_11 FEET; THENCE CONTINUING NORTH 58
°
06'39" WEST 104.56 FEET; THENCE NORTH 31
°
53'21" EAST 208_71 FEET;
THENCE SOUTH 58"06'39" EAST 208.71 FEET TO THE TRUE POINT OF BEGINNING THE BASES OF BEARING OF THIS DESCRIPTION IS GEODETIC NORTH, CONTAINING ONE ACRE.

EXCEPT FROM SAID LAND ONE-HALF OF ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS AS RESERVED IN THE DEED FROM CLARENCE C_ REED AND WIFE TO ROY VISBEEK AND WIFE, RECORDED MAY 3, 1951 IN BOOK 21 83, PAGE 579 OF OFFICIAL RECORDS_ TOGETHER WITH:

THAT CERTAIN EASEMENT FOR THE PURPOSE OF ACCESS TO AND FROM THE PROPERTY DESCRIBED IN THAT CERTAIN GRANT DEED, RECORDED JANUARY 21 , 1963, IN BOOK 6400 AT PAGE 471, RECORDS OF ORANGE COUNTY, CALIFORN IA, AS SUCH ACCESS IS MORE PARTICULARLY DESCRIBED IN THAT CERTAIN GRANT OF EASEMENT DATED JANUARY 2, 1963, AND BETWEEN ROY VISBEEK AND HENRIETTA C.

VISBEEK, AND AMERICAN TELEPHONE AND TELEGRAPH COMPANY AND THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, AND BEING RECORDED IN TH E OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, ON JANUARY 21 , 1963, IN BOOK 6400 AT PAGE 473.

THAT CERTAIN EASEMENT CREATED PURSUANT TO THAT CERTAIN GRANT OF EASEMENT, DATED JUNE B, 1967, BY AND BETWEEN ROY VISBEEK AND HENRIETTA C_ VISBEEK, GRANTING AND CONVEYING UNTO AMERICAN TELEPHONE AND TELEGRAPH COMPANY AND THE PACIFIC

TELEPHONE AND TELEGRAPH COMPANY, A PERMANENT EASEMENT FOR THE PURPOSE OF ANCHORS AND GUY WIRES PERTAINING TO THE PROPERTY DESCRIBED IN THAT CERTAIN GRANT DEED, RECORDED JANUARY 21, 1963, IN BOOK 6400 AT PAGE 471, RECORDS OF ORANGE COUNTY_ PARCEL ID: 690-552-05 (TOWER)
THIS BEING THE SAME PROPERTY CONVEYED TO AMERICAN TOWER MANAGEMENT, INC., A DELAWARE CORPORATION BY A DEED FROM AT&T CORP., A NEW YORK CORPORATION FORMERLY KNOWN AS AMERICAN TELEPHONE AND TELEGRAPH COMPANY DATED FEBRUARY 28, 2000 AND RECORDED MARCH 10, 2000 IN INSTRUMENT 20000126912 IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA_ ALSO
LOTS J & KOF TRACT NO. 14760 AS PER MAP FILED FOR RECORD IN BOOK 707, PAGES 23 TO 31 , INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY_
EXCEPTING THEREFROM, ALL OIL, OIL RIGHTS. MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, PREVIOUSLY RESERVED. PARCEL ID: 690-681-70 (ACCESS) & 690-681-71 (ACCESS)

THIS BEING A PORTION OF THE SAME PROPERTY CONVEYED TO HARBOR VIEW ESTATES HOMEOWNERS ASSOCIATION, A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION BY A DEED FROM J.M.P. HARBOR VIEW, LP .. A CALIFORNIA LIMITED PARTNERSHIP DATED SEPTEMBER 12, 1995 AND RECORDED OCTOBER 28, 1996 IN INSTRUMENT 19960546386 IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA_ ALSO
THOSE PORTIONS OF LOTS 2 AND B OF TRACT NO. 12126, IN THE CITY OF SAN CLEMENTE, AS SHOWN ON A MAP RECORDED IN BOOK 573, PAGES 26 TO 32 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, SHOWN AND DESCRIBED AS PARCEL A OF THAT CERTAIN LOT LINE ADJUSTMENT NO. 87-06, RECORDED AUGUST 31, 1987 AS INSTRUMENT NO. 87-495236, OFFICIAL RECORDS.

EXCEPTING ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS, WITHOUT THE RIGHT TO USE THE SURFACE AND THE SUBSURFACE TO A DEPTH OF 500 FEET AS RESERVED IN DEEDS OF RECORD. PARCEL ID: 690-552-09 (ACCESS)

THIS BEING THE SAME PROPERTY CONVEYED TO RANCHO SAN CLEMENTE BUSINESS PARK COMMUNITY ASSOCIATION, AND RANCH SAN

CLEMENTE COMMUNITY ASSOCIATION BY A DEED FROM WESTERN PROPERTIES SERVICE CORPORATION, AN ARIZONA CORPORATION, OBA WSLA DEVELOPMENT CORPORATION, ALSO DBA RANCHO SAN CLEMENTE DEVELOPMENT CORPORATION DATED FEBRUARY 23, 1996 AND RECORDED MARCH 11, 1996 IN INSTRUMENT 199601 1 7968 IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA. 20' ACCESS & UTILITY EASEMENT - AS SURVEYED:

AN EASEMENT BEING A PORTION OF LOTS 2 & B, TRACT #1 2126 AS RECORDED IN BOOK 573, PAGE(S) 26-32 AND LOTS J & K, TRACT #1 4760 AS RECORDED IN BOOK 707, PAGE(S) 23-31 BOTH IN THE PUBLIC RECORDS OFFICE OF ORANGE COUNTY, CALIFORNIA, LYING IN SECTION 26, TOWNSHIP 8 SOUTH, RANGE 7 WEST OF THE SAN BERNARDINO BASE AND MERIDIAN AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCE FROM A 1" OPEN TOP PIPE FOUND MARKING THE NORTHWEST CORNER OF LOT J, TRACT #14759, AS RECORDED IN SAID OFFICE; THENCE RUN N67"01'10" E ALONG THE NORTH LINE OF SAID LOT J A DISTANCE OF 87.05 FEET TO A 112" REBAR FOUND MARKING THE NORTHEAST CORNER OF SAID LOT J; THENCE N 62
°
36'05" EA DISTANCE OF 276_41 FEET TO A POINT; THENCE N 31 °
53'21" EA DISTANCE OF
147.14 FEET TO THE POINT OF BEGINNING OF AN EASEMENT BEING 20 FEET IN WIDTH AND LYING 10 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; THENCE S 63"41'41" EA DISTANCE OF 106.31 FEET TO A POINT; THENCE S 22"09'11" EA DISTANCE OF 126.71 FEET TO A POINT; THENCE S 31
°
22'52" EA DISTANCE OF 45.94 FEET TO A POINT; THENCE S 50 °
43'39" EA DISTANCE OF 60.26 FEET TO A POINT; THENCE S
35 °
06'23" EA DISTANCE OF 85_87 FEET TO A POINT; THENCE S 00 °
00'00" EA DISTANCE OF 25_86 FEET TO A POINT; THENCE S 71 °
46'30" WA
DISTANCE OF 14.66 FEET TO A POINT; THENCE N 27"43'07" WA DISTANCE OF 33.96 FEET TO A POINT; THENCE N 63"44'49" WA DISTANCE OF

29.43 FEET TO A POINT; THENCE N 80
°
56'19" WA DISTANCE OF 57.13 FEET TO A POINT; THENCE S 67 °
14'17" WA DISTANCE OF 37.71 FEET TO A
POINT; THENCE N 85
°
42'09" WA DISTANCE OF 42.19 FEET TO A POINT; THENCE N 69 °
30'27" WA DISTANCE OF 51 .40 FEET TO A POINT; THENCE S
88 °
59'03" WA DISTANCE OF 145_80 FEET, MORE OR LESS, TO A POINT ON THE NORTHEAST RIGHT OF WAY LINE OF DEL DIOS AND THE POINT OF ENDING. SAID ABOVE DESCRIBED EASEMENT CONTAINS 0.40 ACRES OR 17,279 SQUARE FEET, MORE OR LESS.

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AMERICAN TOWER®
ATC TOWER SERVICES, INC.
3500 REGENCY PARKWAY
SUITE 100
CARY, NC 27518
PHONE: (919) 468-01 12
FAX: (919) 466-5415

THESE DRAWINGS AND/OR THE ACCOMPANYING

SPECIFICATION AS INSTRUMENTS OR SERVICE ARE THE
EXCLUSIVE PROPERTY OF AMERICAN TOWER. THEIR USE AND

PUBLICATION SHALL BE RESTRICTED TO THE ORIGINAL SITE
FOR WHICH THEY ARE PREPARED. ANY USE OR DISCLOSURE

OTHER THAN THAT WHICH RELATES TO AMERICAN TOWER OR
THE SPECIFIED CARRIER IS STRICTLY PROHIBITED. TITLE TO

THESE DOCUMENTS SHALL REMAIN THE PROPERTY OF

AMERICAN TOWER WHETHER OR NOT THE PROJECT IS
EXECUTED_ NEITHER THE ARCHITECT NOR THE ENGINEER WILL

BE PROVIDING ON-SITE CONSTRUCTION REVIEW OF THIS
PROJECT. CONTRACTOR(S) MUST VERIFY ALL DIMENSIONS AN D
ADVISE AMERICAN TOWER OF ANY DISCREPANCIES. ANY PRIOR

ISSUANCE OF THIS DRAWING IS SUPERSEDED BY THE LATEST
VERSION ON FILE WITH AMERICAN TOWER.

REV. DESCRIPTION
PRELIM

BY DATE
'() BC 11/01/23
ATC SITE NUMBER:
89366
ATC SITE NAME:

SAN CLEMENTE CA
SITE ADDRESS:
2M NORTHEAST OF SAN CLEMENTE
SAN CLEMENTE, CA 92672-7521
SURVEY CERTIFICATE:

TO AMERICAN TOWER CORPORATION AND
TOWER TITLE: I CERTIFY THAT ALL PARTS OF THIS

SURVEY AND DRAWING HAVE BEEN COMPLETED IN

ACCORDANCE WITH THE CURRENT REQUIREMENTS

OF THE STANDARDS OF PRACTICE FOR SURVEYING

IN THE STATE OF CALIFORNIA TO THE BEST OF MY
KNOWLEDGE, INFORMATION, AND BELIEF. THE FIELD
WORK WAS COMPLETED ON 10/28/23.

DATE OF PLAT OR MAP: 11/01/23
(PRELIMINARY UNTIL FINALIZED WITH SIGNATURE AN D SEAL)
Timothy L Fish, PE, PLS

SURVEYING AND ENGINEERING
4800 THE WOODS ROAD , KITTY HAWK, NC 27949
252-261-3122
[email protected]
CA PLS # 9566
SMW Engineering Group, Inc.
158 Business Center Drive
Birmingham, Alabama 35244
�f<litl!H�� IR!rrJGI itlR OUJP, ·we,
PROJECT NO. 23-1 294
DRAWN BY: I BC
APPROVED BY: I TLF
DATE DRAWN: I 11/01/23
ATC JOB NO: I 89366
Ph: 205-252-6985
www.smweng.com

AS BUI LT/TITLE AND

BOUNDARY PLAN
SHEET NUMBER: REVISION:

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39 PROJECT SUMMARY
FIELD SURVEY DATE: 10/28/2023
SITE ADDRESS: 2M NORTHEAST OF SAN CLEMENTE, SAN CLEMENTE, CA 92672-7521

PARCEL INFORMATION
OWNER: AMERICAN TOWER MANAGEMENT, INC., A DELAWARE
CORPORATION, AS TO 690-552-05; RANCHO SAN CLEMENTE BUSINESS

PARK COMMUNITY ASSOCIATION, AND RANCH SAN CLEMENTE
COMMUNITY ASSOCIATION, AS TO 690-552-09; HARBOR VIEW ESTATES

HOMEOWNERS ASSOCIATION, A CALIFORNIA NONPROFIT MUTUAL
BENEFIT CORPORATION, AS TO 690-681-70 & 690-681-71
OWNER ADDRESS: P.O. BOX 723597, ATLANTA, GA 31139-0597
APN: 690-552-05 (TOWER), 690-552-09 (ACCESS), 690-681-70 (ACCESS), 690-681-71 INSTRUMENT NO. 20000126912
TOTAL AREAS:

PARENT/ATC FEE PARCEL: 1.00ACRES± (43,602 SQ. FT.±)
20' ACCESS & UTILITY EASEMENT: 0.40 ACRES± (17,279 SQ. FT.±) GEOGRAPHIC COORDINATES OF TOWER:

LATITUDE: 33°26'37.19" N LONGITUDE: 117°35'19.16" W
VERTICAL. DATUM: NAVD 1988 HORIZONTAL DATUM: NAD83
GROUND ELEVATION: 770' AMSL

COORDINATES & BEARINGS ARE BASED ON CALIFORNIA STATE PLANE COORDINATES, CB ZONE.

FLOODPLAIN:

PER THE FEMA FLOODPLAIN MAPS, THE SITE IS LOCATED IN AN AREA DESIGNATED AS ZONE X.

COMMUNITY PANEL NO.: 06073C0100G DATED: 12/20/2019

BOUNDARY NOTE

THIS SURVEY DOES NOT CONSTITUTE A BOUNDARY SURVEY OF THE PARENT TRACT. ANY PARENT TRACT PROPERTY LINES SHOWN

HEREON ARE FROM SUPPLIED INFORMATION AND MAY NOT BE FIELD VERIFIED.

ENCROACHMENT STATEMENT

AT THE TIME OF THE SURVEY, THERE WAS VISIBLE EVIDENCE OF AN ENCROACHMENT AS FOLLOWS:
- NO METES/BOUNDS DESCRIPTION OF THE ACCESS/UTILITY EASEMENT

WAS PROVIDED, WHICH WOULD BE REMEDIED BY THE AS-SURVEYED LEGAL DESCRIPTION SHOWN HEREON.
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AMERICAN TOWER®
ATC TOWER SERVICES, INC.
3500 REGENCY PARKWAY
SUITE 100
CARY, NC 27518
PHONE: (919) 468-0112
FAX: (919)466-5415

THESE DRAWINGS AND/OR THE ACCOMPANYING

SPECIFICATION AS INSTRUMENTS OR SERVICE ARE THE
EXCLUSIVE PROPERTY OF AMERICAN TOWER. THEIR USE AND

PUBLICATION SHALL BE RESTRICTED TO THE ORIGINAL SITE
FOR WHICH THEY ARE PREPARED. ANY USE OR DISCLOSURE

OTHER THAN THAT WHICH RELATES TO AMERICAN TOWER OR
THE SPECIFIED CARRIER IS STRICTLY PROHIBITED. TITLE TO

THESE DOCUMENTS SHALL REMAIN THE PROPERTY OF

AMERICAN TOWER WHETHER OR NOT THE PROJECT IS
EXECUTED. NEITHER THE ARCHITECT NOR THE ENGINEER WILL

BE PROVIDING ON-SITE CONSTRUCTION REVIEW OF THIS
PROJECT. CONTRACTOR(S) MUST VERIFY ALL DIMENSIONS AND
ADVISE AMERICAN TOWER OF ANY DISCREPANCIES. ANY PRIOR

ISSUANCE OF THIS DRAWING IS SUPERSEDED BY THE LATEST

VERSION ON FILE WITH AMERICAN TOWER
REV. DESCRIPTION BY DATE ,
/Q\ PRELIM BC 11/01/23
ATC SITE NUMBER:
89366
ATC SITE NAME:

SAN CLEMENTE CA
SITE ADDRESS:
2M NORTHEAST OF SAN CLEMENTE
SAN CLEMENTE, CA 92672-7521
SURVEY CERTIFICATE:

TO AMERICAN TOWER CORPORATION AND
TOWER TITLE: I CERTIFY THAT ALL PARTS OF THIS

SURVEY AND DRAWING HAVE BEEN COMPLETED IN

ACCORDANCE WITH THE CURRENT REQUIREMENTS

OF THE STANDARDS OF PRACTICE FOR SURVEYING

IN THE STATE OF CALIFORNIA TO THE BEST OF MY
KNOWLEDGE, INFORMATION, AND BELIEF. THE FIELD
WORK WAS COMPLETED ON 10/28/23.

DATE OF PLAT OR MAP: 11/01/23
(PRELIMINARY UNTIL FINALIZED WITH SIGNATURE AND SEAL)
Timothy L Fish, PE, PLS

SURVEYING AND ENGINEERING
4800 THE WOODS ROAD, KITTY HAWK, NC 27949
252-261-3122
[email protected]
CA PLS #9566
•• l\l SMW Engineering Group, Inc.
158 Business Center Drive
Birmingham, Alabama 35244
Ph: 205-252-6985
www.smweng.com
~f<litl!H~~IR!rrJGI itlROUJP, -we,
PROJECT NO. 23-1294
DRAWN BY: I BC
APPROVED BY: I TLF
DATE DRAWN: 11/01/23
ATC JOB NO: 89366

AS PROVIDED ACCESS &

UTILITY EASEMENT PLAN
SHEET NUMBER: REVISION:

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40 PROJECT SUMMARY
FIELD SURVEY DATE: 10/28/2023
SITE ADDRESS: 2M NORTHEAST OF SAN CLEMENTE, SAN CLEMENTE, CA 92672-7521

PARCEL INFORMATION
OWNER: AMERICAN TOWER MANAGEMENT, INC., A DELAWARE
CORPORATION, AS TO 690-552-05; RANCHO SAN CLEMENTE BUSINESS

PARK COMMUNITY ASSOCIATION, AND RANCH SAN CLEMENTE
COMMUNITY ASSOCIATION, AS TO 690-552-09; HARBOR VIEW ESTATES

HOMEOWNERS ASSOCIATION, A CALIFORNIA NONPROFIT MUTUAL
BENEFIT CORPORATION, AS TO 690-681-70 & 690-681-71
OWNER ADDRESS: P.O. BOX 723597, ATLANTA, GA 31139-0597
APN: 690-552-05 (TOWER), 690-552-09 (ACCESS), 690-681-70 (ACCESS), 690-681-71 INSTRUMENT NO. 20000126912
TOTAL AREAS:

PARENT/ATC FEE PARCEL: 1.00ACRES± (43,602 SQ. FT.±)
20' ACCESS & UTILITY EASEMENT: 0.40 ACRES± (17,279 SQ. FT.±) GEOGRAPHIC COORDINATES OF TOWER:

LATITUDE: 33°26'37.19" N LONGITUDE: 117°35'19.16" W
VERTICAL. DATUM: NAVD 1988 HORIZONTAL DATUM: NAD83
GROUND ELEVATION: 770' AMSL

COORDINATES & BEARINGS ARE BASED ON CALIFORNIA STATE PLANE COORDINATES, CB ZONE.

FLOODPLAIN:

PER THE FEMA FLOODPLAIN MAPS, THE SITE IS LOCATED IN AN AREA DESIGNATED AS ZONE X.

COMMUNITY PANEL NO.: 06073C0100G DATED: 12/20/2019

BOUNDARY NOTE

THIS SURVEY DOES NOT CONSTITUTE A BOUNDARY SURVEY OF THE PARENT TRACT. ANY PARENT TRACT PROPERTY LINES SHOWN

HEREON ARE FROM SUPPLIED INFORMATION AND MAY NOT BE FIELD VERIFIED.

ENCROACHMENT STATEMENT

AT THE TIME OF THE SURVEY, THERE WAS VISIBLE EVIDENCE OF AN ENCROACHMENT AS FOLLOWS:
- NO METES/BOUNDS DESCRIPTION OF THE ACCESS/UTILITY EASEMENT

WAS PROVIDED, WHICH WOULD BE REMEDIED BY THE AS-SURVEYED LEGAL DESCRIPTION SHOWN HEREON.

TOWER INFORMATION
TOWER GROUND ELEVATION: 770' (AMSL)
TOP OF TOWER: 70' (AGL)
HIGHEST APPURTENANCE: 70' (AGL)

ZONING INFORMATION
NO ZONING INFORMATION PROVIDED AT THE TIME OF THIS SURVEY.

NOTES CORRESPONDING TO CORAL REPORT
THE CORAL REPORT ISSUED BY TOWER TITLE FILE NO. ATC-160691-PR WITH A TITLE SEARCHED FROM 09/10/1988 TO 09/10/2023 CONTAINS

THE FOLLOWING SURVEY RELATED ITEMS,
LEASES/EASEMENTS:

1. GRANT OF EASEMENT BETWEEN ROY VISBEEK AND HENRIETTA LEE, WHO ACQUIRED TITLE AS ROYVISBEEK AND HENRIETTA C. VISBEEK, HUSBAND AND WIFE AS JOINT TENANTS; AND AMERICAN TELEPHONE AND TELEGRAPH COMPANY, A CORPORATION AND THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, A CORPORATION, DATED JANUARY 2, 1963 AND RECORDED JANUARY 21, 1963 IN (BOOK) 6400 (PAGE) 473 (INSTRUMENT) 15344, IN ORANGE COUNTY, CALIFORNIA. (AFFECTS PARENT PARCEL AND ACCESS/UTILITY EASEMENT AS SHOWN

HEREON)

2. MASTER DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS OF EASEMENTS FOR RANCHO SAN CLEMENTE DATED AUGUST 6, 1985AND RECORDED AUGUST 30, 1985 IN (INSTRUMENT) 85-327173 IN ORANGE COUNTY, CALIFORNIA, (AFFECTS

PARENT/ATC FEE PARCEL AND IS BLANKET IN NATURE)

3. "TRACT NO. 12127" DATED NOVEMBER 7, 1985 AND RECORDED DECEMBER 24, 1985 IN (BOOK) 550 (PAGE) 43, (INSTRUMENT) 85-515184 IN ORANGE COUNTY, CALIFORNIA. (DOES NOT AFFECT PARENT/ATC FEE PARCEL)

4. 'TRACT NO. 12126" DATED DECEMBER 10, 1986 AND RECORDED JANUARY 22, 1987 IN (BOOK) 573 (PAGE) 26, (INSTRUMENT) 87-037164 IN ORANGE COUNTY, CALIFORNIA. (AFFECTS PARENT/ATC FEE PARCEL AND IS BLANKET IN NATURE)

5. LOT LINE ADJUSTMENT DATED AUGUST 28, 1987 AND RECORDED AUGUST 31, 1987 IN (INSTRUMENT) 87-495236, IN ORANGE COUNTY, CALIFORNIA. (DOES NOT AFFECT PARENT/ATC FEE PARCEL)

6. "TRACT NO. 14760" DATED JANUARY 24, 1994AND RECORDED FEBRUARY 2B, 1994 IN (BOOK) 707 (PAGE) 23, (INSTRUMENT) 94-0142894 IN ORANGE COUNTY, CALIFORNIA. (DOES NOT AFFECT PARENT/ATC FEE PARCEL) 7, EASEMENT AGREEMENT BETWEEN WESTERN PROPERTIES SERVICE CORPORATION, AN ARIZONA CORPORATION DBA WSLA DEVELOPMENT CORPORATION; AND RANCHO SAN CLEMENTE ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, DATED SEPTEMBER 9, 1992 AND RECORDED SEPTEMBER 14, 1992 IN (INSTRUMENT) 92-612930, IN ORANGE COUNTY, CALIFORNIA. (DOES NOT AFFECT PARENT/ATC FEE

PARCEL)

8. GRANT OF EASEMENT AND MAINTENANCE AGREEMENT BETWEEN CITY OF SAN CLEMENTE, A MUNICIPAL CORPORATION; AND WESTERN PROPERTIES SERVICE CORPORATION, AN ARIZONA CORPORATION DBA WSLA DEVELOPMENT CORPORATION, DATED SEPTEMBER 9, 1992 AND RECORDED SEPTEMBER 10, 1992 IN (INSTRUMENT) 92-606508, IN ORANGE COUNTY, CALIFORNIA. (DOES NOT AFFECT PARENT/ATC FEE

PARCEL)

AFFECTED BY A(N) AMENDMENT NUMBER ONE TO GRANT OR EASEMENT AND MAINTENANCE AGREEMENT BETWEEN CITY OF SAN CLEMENTE, A MUNICIPAL CORPORATION; AND RANCHO SAN CLEMENTE ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, DATED JUNE 16, 1993 AND RECORDED AUGUST 27, 1993 IN (INSTRUMENT) 93-0580631, IN ORANGE COUNTY, CALIFORNIA. (DOES NOT AFFECT PARENT/ATC FEE PARCEL) AFFECTED BY A(N) AMENDMENT NUMBER TWO TO GRANT OF EASEMENT AND MAINTENANCE AGREEMENT BETWEEN CITY OF SAN CLEMENTE.

A MUNICIPAL CORPORATION; AND RANCHO SAN CLEMENTE ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, DATED SEPTEMBER 7, 1994 AND RECORDED SEPTEMBER 13, 1994 IN (INSTRUMENT) 94-0555250, IN ORANGE COUNTY, CALIFORNIA. (DOES NOT AFFECT PARENT/ATC FEE

PARCEL)

9. EASEMENT BETWEEN CITY OF SAN CLEMENTE; AND SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION, DATED JANUARY 13, 1994 AND RECORDED MARCH 16, 1994 IN (INSTRUMENT) 94-0183643, IN ORANGE COUNTY, CALIFORNIA. (DOES NOT AFFECT PARENT/ATC FEE

PARCEL)
10, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS DATED NOVEMBER 9, 1994 AND RECORDED NOVEMBER 17, 1994 IN (INSTRUMENT) 94-0667131 IN ORANGE COUNTY, CALIFORNIA. (DOES NOT AFFECT PARENT/ATC FEE PARCEL) AFFECTED BY A(N) SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS DATED SEPTEMBER 12, 1995 AND RECORDED SEPTEMBER 29, 1995 IN (INSTRUMENT) 19950428318 IN ORANGE COUNTY, CALIFORNIA. (DOES NOT AFFECT PARENT/ATC FEE

PARCEL)

AFFECTED BY A(N) FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS HARBOR VIEW ESTATES HOMEOWNERS ASSOCIATION DATED OCTOBER 25, 2010 AND RECORDED NOVEMBER 2, 2010 IN (INSTRUMENT) 2010000579167 IN ORANGE COUNTY. CALIFORNIA. (DOES NOT AFFECT PARENT/ATC FEE PARCEL) 11, EASEMENT AGREEMENT BETWEEN WESTERN PROPERTIES SERVICE CORPORATION, AN ARIZONA CORPORATION, DBA WSLA DEVELOPMENT CORPORATION; AND CITY OF SAN CLEMENTE, A MUNICIPAL CORPORATION, DATED DECEMBER 21, 1994 AND RECORDED JANUARY 10, 1995 IN (INSTRUMENT) 95-0011241, IN ORANGE COUNTY, CALIFORNIA. (DOES NOT AFFECT PARENT/ATC FEE PARCEL)

AFFECTED BY A(N) FIRST AMENDMENT TO EASEMENT AGREEMENT BETWEEN WESTERN PROPERTIES SERVICE CORPORATION, AN ARIZONA CORPORATION, DBA WLSA DEVELOPMENT CORPORATION; AND CITY OF SAN CLEMENTE, A MUNICIPAL CORPORATION, DATED DECEMBER 21, 1994 AND RECORDED JANUARY 10, 1995 IN (INSTRUMENT) 95-0011242, IN ORANGE COUNTY, CALIFORNIA. (DOES NOT AFFECT PARENT/ATC

FEE PARCEL)
12, GRANT OF EASEMENT BETWEEN J, M. PETERS COMPANY. INC.; AND PACIFIC BELL. DATED JULY 24, 1995 AND RECORDED AUGUST 21. 1995 IN (INSTRUMENT) 95-0360182, IN ORANGE COUNTY, CALIFORNIA. (DOES NOT AFFECT PARENT/ATC FEE PARCEL) 13, NOTICE OF ANNEXATION OF TERRITORY DATED SEPTEMBER 12, 1995 AND RECORDED SEPTEMBER 25, 1995 IN (INSTRUMENT) 19950417916, IN ORANGE COUNTY, CALIFORNIA. (AFFECTS PARENT/ATC FEE PARCEL AND IS BLANKET IN NATURE) I
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AMERICAN TOWER®
ATC TOWER SERVICES, INC.
3500 REGENCY PARKWAY
SUITE 100
CARY, NC 27518
PHONE: (919) 468-0112
FAX: (919)466-5415

THESE DRAWINGS AND/OR THE ACCOMPANYING

SPECIFICATION AS INSTRUMENTS OR SERVICE ARE THE

EXCLUSIVE PROPERTY OF AMERICAN TOWER THEIR USE AND

PUBLICATION SHALL BE RESTRICTED TO THE ORIGINAL SITE
FOR WHICH THEY ARE PREPARED. ANY USE OR DISCLOSURE

OTHER THAN THAT WHICH RELATES TO AMERICAN TOWER OR
THE SPECIFIED CARRIER IS STRICTLY PROHIBITED. TITLE TO

THESE DOCUMENTS SHALL REMAIN THE PROPERTY OF

AMERICAN TOWER WHETHER OR NOT THE PROJECT IS
EXECUTED. NEITHER THE ARCHITECT NOR THE ENGINEER WILL

BE PROVIDING ON-SITE CONSTRUCTION REVIEW OF THIS
PROJECT. CONTRACTOR(Sl MUST VERIFY ALL DIMENSIONS AND
ADVISE AMERICAN TOWER OF ANY DISCREPANCIES. ANY PRIOR

ISSUANCE OF THIS DRAWING IS SUPERSEDED BY THE LATEST

VERSION ON FILE WITH AMERICAN TOWER
REV. DESCRIPTION
PRELIM

BY DATE
'
o BC 11/01/23
ATC SITE NUMBER:
89366
ATC SITE NAME:

SAN CLEMENTE CA
SITE ADDRESS:
2M NORTHEAST OF SAN CLEMENTE
SAN CLEMENTE, CA 92672-7521
SURVEY CERTIFICATE:

TO AMERICAN TOWER CORPORATION AND
TOWER TITLE: I CERTIFY THAT ALL PARTS OF THIS

SURVEY AND DRAWING HAVE BEEN COMPLETED IN

ACCORDANCE WITH THE CURRENT REQUIREMENTS

OF THE STANDARDS OF PRACTICE FOR SURVEYING

IN THE STATE OF CALIFORNIA TO THE BEST OF MY
KNOWLEDGE, INFORMATION, AND BELIEF. THE FIELD
WORK WAS COMPLETED ON 10/28/23.

DATE OF PLAT OR MAP: 11/01/23
(PRELIMINARY UNTIL FINALIZED WITH SIGNATURE AND SEAL)
Timothy L Fish, PE, PLS

SURVEYING AND ENGINEERING
4800 THE WOODS ROAD, KITTY HAWK, NC 27949
252-261-3122
[email protected]
CA PLS #9566
SMW Engineering Group, Inc.
158 Business Center Drive
Birmingham, Alabama 35244
~f<litl!H~~IR!rrJGI itlROUJP, ·we,
PROJECT NO. 23-1294
DRAWN BY: I BC
APPROVED BY: I TLF
DATE DRAWN: I 11/01/23
ATC JOB NO: I 89366
Ph: 205-252-69B5
www.smweng.com

EXISTING CONDITIONS

AND TOPOGRAPHY PLAN
SHEET NUMBER: REVISION:

V-103
SHEET3 OF 3
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PAGE INTENTIONALLY BLANK
41 Site No. 89366 San Clemente
Tenant History
The CUP for the site was issued in 1962 to AT&T by Orange County. American Tower acquired the site in 2000 from AT&T; AT&T had equipment on the site at that time and entered into a license agreement with American Tower to permit that equipment to remain, as noted below. The summary below is based upon the documentation available to American Tower. It is possible that there may have been additional tenants on the site prior to American Tower’s acquisition of the site in 2000.

San Diego Gas & Electric: 1963 – unknown date after 1971 6/10/1963 – License Agreement between San Diego Gas & Electric and AT&T (termination date unknown)
8/2/1971 – License Agreement between San Diego Gas & Electric and AT&T (termination date unknown) Southern CA Edison (SCE): 1985 – 2021
6/28/1985 – Lease Agreement between SCE and AT&T, no automatic termination 8/4/2004 – License Agreement between American Tower and SCE 6/27/2005 – First Amendment to License Agreement between American Tower and SCE (rent change) 8/1/2019 – Second Amendment to License Agreement between American Tower and SCE (term extension)
7/31/2021 – SCE termination date (SCE’s lease term went until 2024, but SCE elected to terminate early) AT&T Wireless: 1995 – present
8/22/1995 – Master Lease Agreement between AT&T Wireless Services (tenant) and AT&T Communications Companies (landlord)
2000 – site sold by AT&T to American Tower
2/28/2000 – Tower Space License Agreement between American Tower (licensor) and AT&T Wireless Services (licensee)
12/19/2020 – AT&T Tower Space License Agreement for New Sites (AT&T proposed to locate new equipment on the site; AT&T’s application was subsequently put on hold due to City permitting/enforcement issues; AT&T has reactivated their application in 2023) Metrocall: 2002-2005
7/22/2002 – Lease Agreement between Metrocall and American Tower 11/30/2005 – Metrocall terminated lease
Clear Wireless: 2009
6/18/2009 – Lease Agreement between Clear Wireless and American Tower 12/31/2009 – Clear Wireless terminated lease as the City would not approve their permit or equipment Attachment 6
42 Ingenu: 2017-2020(?)
3/17/2017 – License Agreement between Ingenu and American Tower (Ingenu filed for bankruptcy in the Southern District of California bankruptcy court on 7/27/2020) Google: 2020
3/10/2020 – License Agreement between Google and American Tower 6/1/2020 – Google terminated License Agreement
DISH
3/12/2021 – License Agreement between DISH and American Tower 2023 – DISH awaiting City approval, executed tolling agreement 43 Attachment 7
44 TAB 4 • LICENSE
L!£111!
'lBlS AGUIIMBll't made and entered into ae of the 2= , 1963, by and betve"11 tho -.ICM nLIIPllOIIB MID T!II.IIGIIAPII C m, a corporation, by TRI PAClfIC TBLIPllORI A11D TILBOUPH COfJIAJIY, a corporation. lta qent, hereinafter called "ticen1or", and IAJf DllOO GAS A1fD ILICTatC CGIIAlfY• a corporation• hereinafter called ''Ltcen■••"• 'that portion of the 8outbwe1t Quart•r of Practlonal
hction 26, Town1hip 8 South, lange 7 Weat, Ian letnardlno •••• and Meridian, de1cribed in a Deed ncorded January 21, 1963 ln look 6400• pqe 471 of Official lecorda of 1ald
Onna• County.

Coalllencing at the inter,ection comer of the Weaterly line of tancho lanta Maraarita y Lai flore1 with the Southerly line of l.ancho Mi11ion fiejo or La Paz•• 1aid lnter1ectlon comer 11 1hown on a Map recorded in Book 8, page■ J4
through 46 lnclu1ive of lecord of Survey■, in the office of the Cotmty llecorder of eaid Orange Countya thence louth 39•05•09" W.at, 4694. 10 feet to the mo1t la terly eomer of the above detcribed propertya thence along the botmdary line of the above clelOribed ptopertya louth 31•,3•21° We•t, 208.71 feet and lotth S8'06 139" Weat, 143,31 feeta thence South 61'43'S9" Weit, 781.37 feeta thence lorth 21•29•59" laat, 917.83 feeta thence South 45'27'46" laat• 427.17
feet to the true point of beginning of aaid center Une
of right of waya thence from eaid true point of beginning, 1'orth 4S'U'46" Weat to the liortbwe1terly line of the above deacribed property.
45 - 2 -
46 • 3 -
47 Licensor AMERIC.Alf T!L!PBOMI A1fD TILIGIAPR COMPANY By THE PActnc TILBPHOMI AND TBLIGRAP!I COMPANY
Licensee SAN Dll!CO GAS A1"D ILICTltIC COMP.Alff
48 TAB 4 - LICENSE

LICENSE
THIS AGREEMENT, made and entered into as of the ;;.1,(J day of A I.J ~j .:.J ~ r , 19:J.i_, by and between AMERICAN TELEPHONE AND TELEGRAPH COMPANY, a corporation, by THE.PACIFIC .TELEPHONE AND TELEGRAPH COMPANY, a corporation, its agent, hereinafter called "Licensor", and SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called "Licensee",
W I T N E S S E T H :

That portion of the Southwest Quarter of Fractional Section 26, Township 8 South, Range 7 West, San Bernardino Base and Meridian, described in a Deed recorded January 21, 1963 in Book 6400, page 471 of Official Records of said Orange County.

Commencing at the mostly corner of Map recorded in Book 11, page 29 of Record of Surveys, in the office of the Cowity Recorder of said Orange County, said most Easterly corner bears North 12° 29' 23" East from the most Southerly corner thereof; thence South 38° 39' 35" West, 4705.80 feet; thence South 12° 30' 10" East, 42,84 feet to the TRUE POINT OF BEGINNING of the center line herein described; thence from said TRUE POINT OF BEGINNING, North 57° 40' 10" West, 174.99 feet to a point hereinafter known and designated Point 11 A11 ; thence from said Point "A", South 58° 59' 5011 West, 26.50 feet.

ALSO: Beginning at said TRUE POINT OF BEGINrlING; thence South 12° 30' 10" East, 90.66 fef!t .

ALSO: Beginning at said TRUE POINT OF BEGINNIUG; thence 49 North 12° 30'10" West, 10.00 feet.

A.LSO: Beginning at said TRUE POINT OF BEGINNING; thence South 57° 40' 10" East, 10.00 feet.

ALSO: Beginning at said Point "A"; thence North 57° 40' 10" West, 16.00 feet.
50 51
. . - ··, .. ,:T ..:., .... ,, k
RAWN BY--~~:.-
Ht~KEO tiV~~!_1:_'?_
SKETCH NO. li:-l90-
0AT( __ 7.::.2_~7_1:__ 1
MOPAC 4340-02
•
Licensor: AMERICAN TELEPHONE AND TELEGRAPH

COMPANY
By: The PACIFIC TELEPHONE AND TELEGRAPH

COMPANY AGENT
Licensee: SAN DIEGO GAS & ELECTRIC COMPANY,
- 4 -
Approved as to Form
7-28-71
GRAY, CARY, AMES&. FRYE
By A. W. Eriksen
Attorney
52 53
-
•
UIIEB JOWER srre LEAS! AGREEMENT
THI MASTER TOWER SITE LEASE AGREEMENT ("Master Lease") 19 entered into this ~ day of .LU"""'~s--, 19~ between AT&T Corp., on behalf of itself and Its affiliated AT&T Communicatio • " •

2. Maater Least Jenn and Btotwaf. The length of the initial tern, of the Master Lease is five (5) years, commencing on the date set forth above ("Commencement Date;. The Master lease may be renewed for one additional five (5) year tenn. The Master Lease shall terminate at Midnight on the last day of the month in which the fifth annual annivcmary of the Commencement Date shall have occurred. The Master Lease shall not renew automatically. A request for renewal of the Master Lease musfbe submitted in writing at least ninety (90) days prior to the expiration of the initial term.

3. Site Supplement Toan and B•otwal. The initial tenn of each Site Supplement is ffve (5) years. Tenant may request renewal of any Site Supplement for up to three successive terms for ftve (5) years each. Tenant may request an extension of the Site Supplement for an additional five (5) year term by giving notice
thee • •
54 • •
2 55
•
3 56
• •
4 57
•
58 •• • •
6 59
60 •
WHEREFORE, we set our hands and seal,
For the landlord:

Its: MaMg~al Estate
Date: J'/2 /4-
For the Tenant
8 61
• •

EXHIBIT A
SITE NUMBER: CAK154
SITE NAME: San Clement, SfTE ADDRESS;
TERM Of SITE SUPPLEMENT: Effective Date: 07120195 Expiration Date: 07/19/2000 Pursuant to the Master Lease dated ~J, /IJb . ~tween AT&T Corp., on behalf of itself and its affiliated AT & T Communications companies, as Landlord, and AT&T Wireless Services, as Tenant. this Site is described as follOws: •
Property Legal Description: San Clemente. CA
Lat: 33-26-37
Long: 117-35-15
AMSL: 771 '
9 62
•
Title: Manager, Real Estate
Date: -----;;....;:;;;
?'h--~ffl ..... --"------ ~
r---·-----
: ;· ,- • ::,' fi=u J..S TO
~@L~xc - - ·
1'T&T LAW D

SOUTHERN REGION
Titre: LT<;V, //.~ftl't~'lC
Date: ~ 3/- f'>
10 63
11 64

EXHIBITC
rrtJe: Manager, Real Estate
Date: ~zd1_,,, /
12 65
•
13 66
67 68
• • EXHIBIT E-2
69 ••
70 ,

EXHIBIT A

SITE SUPPLEMENT
tA~ \~ ~n l (?,., \,er 1L.
1,---r C. 1t>+ ~ q5t 6
SITE NUMBER: CAK154 Metropolitan Serving Area ("MSA") __ or Rural Serving Area ("RSA") _X_
SITE NAME: San Clemente SITE ADDRESS:

TERM OF SITE SUPPLEMENT: Effective Date: 07/20/95 Expiration Date: 07/19/2000 Pursuant to the Master Lease dated ~), /IJ.6' , .between AT&T Corp., on behalf of itself and its affiliated AT&T Communications companies, as Landlord, and AT&T Wireless Services, as Tenant. this Site is described as follows: •
Property Legal Description: San Clemente, CA
Lat: 33-26-37
Long: 117-35-15
AMSL: 771'
71 ,
AT&T CORP. AT&T Wireless Seivices
Title: Manager, Real Estate
Date: __ /7/4....:;...~-=-~-/4_.__J _ _,, __ _ Date: 'Z-- '.) / - I 10 72
'
' '
I
I
I
I
I
I .
, -
11 73
,
Title: Manager, Real Estate
Date: ~z ;fJ_,
7 •

EXHIBITC
Title: Q!y~(if ,
Date: 1,,. ?I - ? )
12 74
, •
13 75
,
TENANT NAME: AT&T WlrelffS Services
SITE NAME: San Clemente
Title: Manager, Real Estate
Date: • ~/r [_.,
, ··
I
..
t.T.::.T LAW DIVISION
S~UTHERN REGION

EXHIBITE
SITE NO: CAK154
SITE ADDRESS:
•
Date: 7-3/~ f 5
14 •
77 78
•
• ,
15 79
• ATC 1c~JJL~~~ 4; %934,t;OO

TOWER SPACE LICENSE REQUEST/REQUEST TO CONVERT
This Schedule 2 Is executed and delivered pursuant to that certain Master Tower Space Reservation and License Agreement between Licensor and Licensee (the "Master Agreement").

All terms and conditions of the Master Agreement are Incorporated herein by reference and made a part hereof for all purposes. Licensee hereby requests that the following space be licensed, or converted from previously Reserved Space, on the terms Indicated below:

Licensee Information:

Licensee's Name: • 1 ::. ;. : __ . _ . __ ~1_ _ .. _ :

Notice Address:

Local Contact Name:

Local Contact Number:

Licensor Information:

Notice Address:

Remittance Address:

Tower Information:

Site Name:

Site Number:

Engineering:

Corporate:

American Tower
San Clemente
CAK154
Coordinates:

Site Address {legal description attached hereto as Exhibit A):

San Clemente. CA Lat: 33-26-37 Long: 117-35-15
· : I • : II
'
Primary Term:

First Extension Period:

Second Extension Period:

Third Extension Period:

Fourth Extension Period:

Ten (10) years
Five (5) years
Five (5) years
Five (5) years
Five (5) years
80 81
Agreed to and Accepted by: Agreed to and Accepted by: • LICENSEE: LICENSOR:

American Tower, L.P.

Account Manager: ______ _
Date:

This Schedule does not constitute Licensed Space until completed and executed by both partus in accordance with Section 3.
82 .'EXHIBIT A ' •
Site Name: San Clemente
GLC: CAK.154
Line No.: A129
That portion of the Southwest quarter of Fractional Se~tion 26, Township 8 South, Range 7 West ofthe San Bernardino Base and Meridian, according to an official plat of said land filed in the District Land Office, October 17, 1887, descnoed as follows:
};3~ginnmgat a point South 38°05'09" West 4694.10 feet from the intersection comer of the westerly line of Lot 39 of Rancho Santa Margarita Y. Las Flores with the southerly line of Lot 37 of Rancho Mission Viejo as said intersection comer is shown on a map filed in Book 8 Pages 34 to 46 inclusive of Record of Surv~, in the office of the County Recorder of said county, said intersection comer being marked by a 6" x 6" concrete monument with a brass cap stamped "Rancho Santa Margarita, Jos. A Hurley Survey"; thence South 31°53'21" West 208.71 feet; thence North 58°06'39" West 104.35 feet from which point a standard United States Coast and Geodetic Survey monument with a brass cap stamped "Oemente.1933" bears South 31°53'21" West 5169.11 feet; thence continuing North 58°06'39" West 104.56 feet; thence North 31 °53'2 l" East 208. 71 feet; thence South 58"06'39" East 208.71 feet to the true point of beginning, the bases of bearing of this description is Geodetic North, containing one acre.

Being the same property described in that certain Grant Deed, dated Janumy 2, 1963, by Roy Visbeek and Henrietta C. Visbeek Lee to American Telephone and Telegraph Company, recorded January 21, 1963, in Book 6400 at Page 471, records of Orange County, California EXCEPT from said land one-half of all oil, gas and other hydrocarbon substances and minerals as reserved in the deed from Clarence C. Reed and wife to Roy Visbeek and wife, recorded May 3, 1951 in book 2183, page 579 of Official Records.

Together ·with:

That certain easement for the purpose of access to and from the property described in that certain Grant Deed, recorded January 21, 1963, in Book 6400 at Page 471, records of Orange County, California, as such access is more particularly descnced in that certain Grant of Easement dated January 2, 1 %3, and~ • Roy Visbeek and Henrietta C. Visbeek, and American Telephone and Telegraph Company and The Pacific Telephone and Telegraph Company, and being recorded in the Office ofthe County Recorder of Orange County, California, on Janumy 21, 1963, in Book 6400 at Page 473.

That certain easement created pursuant to that certain Grant of Easement, dated June 8, 1967, by and between Roy Visbeek and Henrietta C. VJ.Sbeek, granting and conveying unto American Telephone and Telegraph Company and The Pacific Telephone and Telegraph Company, a permanent easement for the purpose of anchors and guy wires pertaining to the property described in that certain Grant Deed, recorded January 21, 1963, in Book 6400 at Page 471, records of Orange County.

American Tower Site Name/Number: SAN CLEMENTE CA / 89366 AT&T Site Name/Number: SAN CLEMENTE / CLL04575

SCHEDULE

TOWER SPACE LICENSE FOR NEW SITES
Upon the execution by AT&T and American Tower, AT&T hereby licenses a portion of the Tower Facility described below for the installation and operation of its Equipment described herein in accordance with the terms and conditions of the Restated MLA, the 2019 SLMA, and those set forth below:

License Contract Number:

AT&T Information:

AT&T's Name: New Cingular Wireless PCS, LLC
Notice Address: New Cingular Wireless PCS, LLC
Attn: AT&T Network Real Estate Administration
Re: Cell Site #: CLL04575
Cell Site Name: SAN CLEMENTE
Attn: AT&T Legal Department
Re: Cell Site #: CLL04575
Cell Site Name: SAN CLEMENTE
Contact Name:

Contact Number:

Fax Number:

Invoice Address:
83 American Tower Site Name/Number: SAN CLEMENTE CA / 89366 AT&T Site Name/Number: SAN CLEMENTE / CLL04575
American Tower Information:

Notice Address: American Tower Management, LLC
c/o American Tower
10 Presidential Way
Woburn, MA 01801
Contact Name:

Contact Number:

Fax Number:

Remittance Address:

Tower Information:

American Tower Site Name: SAN CLEMENTE CA
American Tower Site Number: 89366
Coordinates: 33° 26' 37.26" N; 117° 35' 19.14" W
AT&T Site Name: SAN CLEMENTE
AT&T Site Number:

AT&T Contract Number:

CLL04575
License Fees and Term:

License Commencement Date: shall be the earlier of (i) the issue date of the NTP by American Tower or (ii) July 12, 2021, as set forth in Section 4.2 of the Restated MLA (“License Commencement Date”). [SIGNATURES ON FOLLOWING PAGE.]
84 American Tower Site Name/Number: SAN CLEMENTE CA / 89366 AT&T Site Name/Number: SAN CLEMENTE / CLL04575
Agreed to and Accepted by:

AMERICAN TOWER:

American Tower Management, LLC, a Delaware
limited liability company
Agreed to and Accepted by:

AT&T:

New Cingular Wireless PCS, LLC, a Delaware
limited liability company
85 American Tower Site Name/Number: SAN CLEMENTE CA / 89366 AT&T Site Name/Number: SAN CLEMENTE / CLL04575
86 American Tower Site Name/Number: SAN CLEMENTE CA / 89366 AT&T Site Name/Number: SAN CLEMENTE / CLL04575

EXHIBIT B
87 American Tower Site Name/Number: SAN CLEMENTE CA / 89366 AT&T Site Name/Number: SAN CLEMENTE / CLL04575

EXHIBIT C
88 American Tower Site Name/Number: SAN CLEMENTE CA / 89366 AT&T Site Name/Number: SAN CLEMENTE / CLL04575

89 90
Licensor Site Name/Number: SAN CLEMENTE CA, CA/89366
Licensee Site Name/Number: ATC Del Dios/ CA-ORC2023

SCHEDULE

LICENSE OF SPACE
This Schedule is executed and delivered pursuant to that certain Master Tower Space License Agreement between American Tower's Inc. and Clear Wireless, LLC a Nevada limited liability company, f/k/a Clearwire US LLC dated December 14, 2004, as amended by the First Amendment to Master Tower Space License Agreement dated July l(;, 200(; ("First Amendment"), the Second Amendment to the Master Tower Space License Agreement dated February 11, 2009 ("Second Amendment"), and the Third Amendment to the Master Tower Space License Agreement dated April 21, 2009 ("Third Amendment") (as amended, the "Agreement"). All terms and conditions of the Agreement are incorporated herein by reference and made a part hereof for all purposes.

The following space shall be licensed on the terms indicated below:

Licensee Information:

Licensee's Name:

Notice Address:

With a copy to:

Licensor Information:

Notice Address:

Tower Information:

Licensor's Tower Name:

Coordinates:

Clear Wireless LLC, a Nevada limited liability company
Clear Wireless LLC
4400 Carillon Point
Kirkland, WA 98033
Attn: Site Leasing
Clearwire US LLC
4400 Carillon Point
Kirkland, WA 98033
Attn: Legal Department
American Tower Management, LLC
c/o American Tower Corporation
lO Presidential Way
Woburn,MA 01801
American Tower
Dept. 5305
P.O. Box 30000
Hartford, CT 06150-5305
Licensor's Tower Number:

SAN CLEMENTE CA
33-26-37.26N, 117-35-19.14 W
89366
Licensee's Tower Name: ATCDelDios
Licensee's Tower Number: CA-ORC2023
Licensor's Contract Number: TBD
#12386.2
91 Licensee Fees and Term:

Licensor Site Name/Number: SAN CLEMENlE CA, CA/89366
Licensee Site Name/Number: ATC Del Dios/ CA•ORC2023
License Commencement Date: The earlier of: (i) the date on which Licensor issues Licensee a NTP, or (ii) December 31, 2009.
[SIONA TURES ARE ON THE NEXT PAGE]
[REMAINDER OF nns PAGE LEFT INTENTIONALLY BLANK]
#12386.2
92 Agreed to and Accepted by:

LICENSEE:

Clear Wireless LLC, a Nevada limited
Date: -----'Q""-4-/4....;....:l?'+-,Y___.'i '----
Licensor Site Name/Number: SAN CLEMENTE CA, CN89366
Licensee Site Name/Number: ATC Del Dios/ CA-ORC2023
Agreed to and Accepted by:

LICENSOR:

American Tower Management, LLC, a Delaware
The offer of license expressed in this Schedule shall automatically expire and become void if not accepted by Licensee and such acceptance received by Licensor within twenty (20) Business Days from the Offer Date as defined in the Agreement.

This Schedule does not constitute Licensed Space until completed and executed by all parties. #12386.2
93 REQUESTTOTERMINATETENANTAGREEME T
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Name of Customer: CLEAR WIRELESS BROADBAND LLC

MENTE CA
Effective Termination Date: December 31, 20091
94 January 28, 2010
4400 Carillon Point
Kirkland, WA 98033
PHONE :
425 216 7600
FA X:
425 216 7900 I ONLINE :
www.clearwire.com
Sent via US Mail Return Receipt Requested
American Tower Management, LLC
c/o American Tower Corporation
10 Presidential Way
Woburn, MA 01801
Ref: License of Space Agreement
CW Site ID: CA-LOS2023 ATC89366
ATC Del Rios, San Clemente CA
Re: Notice of Termination
Dear Landlord:

Clearwire US LLC ("Clearwire") and American Tower Management, LLC ("ATC") entered into a License of Space Agreement dated June 18, 2009 ("Agreement"} to the Master Lease Agreement dated December 14, 2004 as amended ("MLA") for the purposes of leasing space for the installation of a wireless communications facility at Ridgeline Trail Tower, San Clemente, California ("Premises").

Unfortunately, The City of San Clemente is recommending denial of Clearwire's application for a wireless telecommunications facility at the premises therefore Clearwire will not be able to use this site for its intended purposes. A copy of the letter is enclosed for your files. Under Section

5.2 of the MLA, please accept this letter as formal notice of Clearwire's decision to terminate the agreement. At this time, all duties, obligations and liabilities between the parties, including the Prime Lessor, will terminate.

Clearwire greatly appreciates your time and willingness to work with us and hope that we may be able to contact you in the future should the need arise. If you have any questions please contact Site Leasing at (425) 216-7600 or via email at [email protected].

Cc: file
Enclosures
Sincerely,

CLEARWIRE US LLC
~'--\-
Ana M. Hemmert
Director Market Deployment
HIGH SPEED INTERNET MADE SIMPLE. WAY SIMPLE.
95 • •
APPENDIX ill

SITE DESIGNATION SUPPLEME T
Site Designation Supplement ("SOS") executed pursuant to the Master Lease Agreement between American Tower and Customer dated July 22, 2002 ("MLA"). All terms and conditions and definitions in and of the MLA are incorporated herein.

Upon the execution of this SDS by Customer and American Tower, Customer hereby licenses that portion of the Site described below for the installation and operation of Customer's Equipment also described below in accordance with the terms and conditions of the MLA and the further terms and conditions set forth below:

Customer Information:

Customer's Name: Metrocall lnc.

Notice Address: 6677 Richmond Highway
Alexandria, VA 22306
Attn: 3rd Floor Site Leasing Department
American Tower Information:

Notice Address: American Tower
10 Presidental Way
Woburn, MA 01810
Attn: Contracts Manager
Tower Information:

American Tower Site Name: San Clemente
American Tower Site umber: 89366
Customer Site ame: San Clemente #3
Customer Site umber: CA0589
License Fees and Term:

Coordinates: N 33°26'37.l" W 117°35'18.l"
FCC Tower Registration#: NIA
SDS Commencement Date: the earlier of the commencement of construction or installation of Customer's Equipment or December l , 2002, but in no event more than forty-five (45) days from the Offer Date'. 96 .. . . '· • •
97 • •
Agreed to and Accepted by: Agreed to and Accepted by:

METROCALL, INC. AMERICAN TOWER
Date: _ ____ --=~'--"z-=-,,.. ..,/LI!~'--..ulJ.c...~'-'-. _ 98 • •
99 •
100
•

REQUEST TO TERMINATE TENANT AGREEMENT
Type of contract: _Le_..., _____________ _
- ...
- ------- ame of Customer: .;.Mc.;;et.;;.; roc;;;;al ;;;;.1 ____________ _ -
101
8936601
e 5A- ------- ----.,..-
-AT£: cg 9 ,,l.o I TAB4-LEASE
American Telephone and Telegraph Company, a New York corporation. hereinafter called "Lessor" and Southern Ca11forn1a Edfson Company, a corporation, hereinafter called "Lessee", mutually agree as follows:
l . Lessor hereby leases to lessee and Lessee hereby hires from Lessor that certain parcel of land located in the County of Orange, State of Californh. described as follows:

The northwesterly twenty (20) feet of that certain real property described in the deed from Roy visbeek and Henrietta Visbeek Lee to Americ1an Telephone and Telegraph Company, dated January 2, 1963 and recorded in the office of the County Recorder of the County of Orange. State of California, on January 21, 1963, in Book 6400 of Official Records at Page 471.

2. The tenn of this lease is six (6) months exte~ June 28, 1985 to and including Dec:erber 27, 1985, and thereafter until ninty (90) days' notice from e1ther party to the other party of an intention to terminate the -2- 102
103
Dated: , 1985
-3-
104
Nvl:RICAN
TOW:R
ATC SITE NAME / NUMBER: San Clemente, CA / 89366
CUSTOMER SITE NAME/ NUMBER: San Clements, CA f 89366

LICENSE AGREEMENT
Licensor Contract No: ______ _
This LICENSE AGREEMENT ("Agreement') made this ~ day of ~\A,k,2004, ("Effective Date") by and between American Towers, Inc., a Delaware corporation, with a place of busin~t 10 Presidential Way, Woburn, MA 01801 ("Licensor") and Southern California Edison Company, a corporation, its successors and assigns, with a place of business at 14799 Chestnut Street, Westminster, CA 92683 ("Licensee"). The attached Terms and Condi1ions are incorporated herein by this reference.

TOWER SITE INFORMATION:

Address and/or location ofTower Site: 2M Northeast of San Clemente, San Clemente, CA 92672, n Section 1
1 herein) at
Initial Term: The "Initial Term" of this Agreement shall be for a period of ten (10) years beginning on the Commencement Date.

The Commencement Date shall be defined as August 1, 2004.

Renewal Terms: The "Renewal Terms· of this Agreement shall be two (2) additional periods of five (5) years each. 105
ATC SITE NAME / NUMBER: San Clemente, CA / 89366
CUSTOMER SITE NAME/ NUMBER: San Clemente, CA / 89366
[SIGNATURES APPEAR ON THE NEXT PAGE]
[REMAINDER OF PAGE LEFT BLANK INTENTJONALL Y]
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ATC SITE NAME I NUMBER: San Clemente, CA I 89366
'
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ATC SITE NAME / NUMBER; San Clemente, CA / 89366
CUSTOMER SITE NAME/ NUMBER: San Clemente, CA / 89366

TERMS AND CONDITIONS
TERM. The Initial Term of this Agreement shall be as specified on page 1. This Agreements a au oma Ica y e renewe for the Renewal Terms, if any, also stated on page 1 unless either Party gives to the other one hundred eighty (180) days written notice of termination rior to the expiration of the then-current term. 108
ATC SITE NAME f NUMBER: San Clemente, CA I 89366
CUSTOMER SITE NAME/ NUMBER: San Clemente, CA / 89366
109
ATC SITE NAME / NUMBER: San aamente. CA / 89366
CUSTOMER SITE NAME/ NUMBER: San Clemente, CA / 89366
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ATC SITE NAME / NUMBER: San Clemente, CA/ 89366
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ATC SITE NAME / NUMBER: San Clemente, CA I 89366
CUSTOMER SITE NAME/ NUMBER: San Clemente CA I 89366
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ATC SITE NAME / NUMBER: San Clemente, CA I 89366
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ATC SITE NAME 1 NUMBER: San Clemente, CA I 89366
CUSTOMER SITE NAME/ NUMBER: San Clemente, CA/ 89366
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MBER: San Clemente, CA I 89366
MBER: San Clemente, CA / 89366
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ATC SITE NAME / NUMBER: San Clemente, CA f B9366
CUSTOMER SITE NAME/ NUMBER: San Clemente, CA f 89366
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ATC SITE NAME / NUMBER: San Clemente, CA I 89366
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Licensor Site ame/N◄ San Clemente, CA / 89366
Licensor Contract umber: 69719
Licensee Site Name/Number. San Clemente, CA / 89366

FIRST AMENDMENT TO LICENSE AGREEMENT
This First Amendment (the "First Amendment") to that certain License Agreement dated August 25, 2004 by and between American Towers, Inc. and Southern California Edison Company (the "Agreement") is made and entered into this ___ _ day of ~ 1-J , 2005, by and between American Towers, Inc., a Delaware corporation (the "Licensor") and Southern California Edison Company, a California corporation (the "Licensee") ( collectively, the "Parties").

RECITALS
WHEREAS, Licensor owns a certain communications tower and leases a certain parcel of land located at 2M Northeast of San Clemente, San Clemente, CA 92672 more commonly known to Licensor as the San Clemente, CA tower site (the ''Tower Facility"); and
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Licensor Site Name/Nu4 san Clemente, CA / 89366
Licensor Contract Number: 69719
Licensee Site Name/Number: San Clemente, CA / 89366
[SIGNAJURES APPEAR ON THE EXT PAGE]
[REMAINDER OF PAGE LEFT BLANK INTENTIONALLY]
2 120
LICE SOR:

American Towers, Inc., a Delaware
corporation, a wholly owned subsidiary
of American Tower Corporation, a
Delaware corporation
Date: --------
Licensor Site Name/Num- San Clemente, CA / 89366
Licensor Contract Number: 69719
Licensee Site Name/Number: San Clemente, CA / 89366
LICENSEE:

Southern California Edison Company, a
California corporation
Date: ----"'~-'-'-P~1.L..,;../o ___ s-__ _
3 121
Licensor Site Name umber: SAN CLEMENTE CA I 89366
Licensor Contract Number: 69719
Licensee Site Name/Number: N/ A / / A

SECOND AMENDMENT TO LICENSE AGREEMENT
This Second Amendment (the "Second Amendment") to that certain License Agreement dated August 25, 2004 by and between American Towers, Inc. and Southern California Edison Company, as amended by that certain First Amendment to License Agreement dated July 27, 2005 (collectively, the "Agreement") is made and entered into as of the latter signature date hereof, by and between American Tower Management, LLC, a Delaware limited liability company, as successor-in-interest to the Agreement (the "Licensor") and Southern California Edison Company, a California corporation (the "Licensee") (collectively, the "Parties").

RECITALS
WHEREAS, Licensor owns a certain communications tower and leases a certain parcel of land located at 2M Northeast of San Clemente, San Clemente, CA 92672-7521 more commonly known to Licensor as the San Clemente CA tower site (the "Tower Site"); and
1) Licensor and Licensee agree to extend the term of the Agreement commencing on August 1, 2019 (the "Extension Term Commencement Date") for a period of two (2) years (the "Extension Term").
2) Immediately following the expiration of the Extension Term, there shall be three (3) additional periods of one (1) year each ( each a "Renewal Term"). The Agreement shall automatically renew for each successive Renewal Term unless either Party notifies the other in writing of its intention not to renew this Agreement at least one hundred twenty (120) days prior to the end of the then existing term.
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Licensor Site Name/Number: SAN CLEMENTE CA / 89366
Licensor Contract Number: 69719
Licensee Site Name/Number: NI A I NI A
[SIGNATURES APPEAR ON THE NEXT PAGE]
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Licen or Site Name/Number: SAN CLEMENTE CA / 89366
Licensor Contract Number: 697 l 9
Licensee Site Name/Number: NI A I NI A
IN WITNESS WHEREOF, the Parties hereto have set their hands to this Second Amendment to that certain License Agreement as of the day and year written below:

LICENSEE:

Southern California Edison
Company, a California corporation
3 LICENSOR:

American Tower Management, LLC, a
Delaware limited liability company
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Customer/ Supplier Name: SOUTHERN CALIFORNIA EDISON COMPANY, 14799 CHESNUT ST, SOUTHERN PagE
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