San Clemente City Council
February 20, 2024

Agenda
FEBRUARY 20, 2024 REGULAR CITY COUNCIL MEETING AGENDA.PDF Meeting Materials
9A - EVALUATION OF THE SAFE GUN STORAGE ORDINANCE AND

INTRODUCTION OF RESIDENTIAL SAFE STORAGE OF FIREARMS
ORDINANCE.PDF
9B - CONSIDERATION OF RESTABLISHING A SAND COMPATIBILITY AND OPPORTUNISTIC USE PROGRAM (SCOUP) IN SAN CLEMENTE.PDF
9C - REQUEST TO INTRODUCE AN ORDINANCE MODIFYING THE COASTAL

ADVISORY COMMITTEE MEETING SCHEDULE AND AD HOC
SUBCOMMITTEES.PDF
9D - DIRECTION FROM THE CITY COUNCIL IN THE CREATION OF THE COASTAL ADVISORY COMMITTEE 2024 WORK PLAN.PDF
9E - CONSIDERATION OF APPROVING CLASSIFICATION CHANGES
SUPPORTING CITY MANAGER AND CITY ADMINISTRATION.PDF
9F - SAN GORGONIO PARK COMMUNICATIONS SITE LEASE
AGREEMENT.PDF
10A(1) - CITY COUNCIL REGULAR MEETING MINUTES 2.6.24.PDF 10D - CONTRACT AWARD - FOUR LIFEGUARD TOWERS REPLACEMENT (2024).PDF
10E - RATIFICATION OF AN EMERGENCY CONTRACT - BRIDGE DEMOLITION AND REMOVAL FROM METROLINK YARD.PDF
10F - RATIFICATION OF AN EMERGENCY CONTRACT - PRIMA DESHECHA CANADA CHANNEL (FACILITY NO. M01) WALL STABILIZATION.PDF 10G - CONSIDERATION OF COUNCILMEMBER TRAVEL AND TRAINING EXPENSES.PDF
10H -CONSIDERATION OF COUNCILMEMBER TRAVEL AND TRAINING EXPENSES.PDF
10I - CONSIDERATION OF AUTHORIZING AN AGREEMENT WITH THE METROPOLITAN WATER DISTRICT OF ORANGE COUNTY (MWDOC).PDF 10J - ADOPTION OF CITY INVESTMENT POLICY MODIFICATION (CITYS IP SECTION 4.6 AND APPLICABLE DEFINITIONS).PDF

1. Documents:

2. Documents:
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor Cabral
Mayor Pro Tem Enmeier
Councilmember Duncan
Councilmember Knoblock
Councilmember Loeffler
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting

CITY OF SAN CLEMENTE
Tuesday, February 20, 2024
City Council
Regular Meeting Agenda
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.

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

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

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

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

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

City Council Regular Meeting Agenda February 20, 2024
CLOSED SESSION (5:00 P.M.)
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957
Title: City Manager
BUSINESS MEETING (6:00 P.M.)

CALL TO ORDER
INVOCATION – Lead Pastor Mark Ambrose, Pacific Coast Church

PLEDGE OF ALLEGIANCE

ROLL CALL

1. Special Presentations
None.

2. Oral Communications (Part 1)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. Speakers may address Council once during either Oral Communications Part 1 or Part 2. A total time limitation of 30 minutes is allocated for Oral Communications Part 1, with each speaker being allotted 3 minutes in which to give his or her presentation. Speaker order is determined by the order in which speaker cards are provided to the City Clerk or Deputy City Clerk at the meeting. Speakers that cannot be accommodated during Oral Communications Part 1 will be invited to address Council during Oral Communications Part 2, which appears on this agenda as Item No. 10. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Under the Ralph M. Brown Act, the City Council cannot act on items raised during public comment but may respond briefly to statements made or questions posed, request clarification or refer the item to staff.

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

4. Consideration of agendizing items requiring immediate action Any items agendized will be considered under New Business, unless otherwise determined by a majority vote of the City Council.

5. Closed Session Report - City Attorney

6. Staff Communications

City Council Regular Meeting Agenda February 20, 2024

7. Public Hearings
The Public Hearing process includes a staff presentation, a presentation by the applicant not to exceed ten (10) minutes, and public testimony (not to exceed three minutes per speaker). Following closure of the Public Hearing, the City Council will respond to questions raised during the hearing, discuss the issues, and act upon the matter by motion.

None.

8. Unfinished Business
None.

9. New Business
A. PUBLIC SAFETY COMMITTEE EVALUATION OF THE SAFE GUN STORAGE

ORDINANCE PROPOSAL BY MOMS DEMAND ACTION AND

INTRODUCTION (FIRST READING) OF RESIDENTIAL SAFE STORAGE OF

FIREARMS ORDINANCE AND FINDING THE ORDINANCE NOT SUBJECT

TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Public Safety Committee Recommendation
The Public Safety Committee recommends that the City Council choose not to introduce the ordinance proposed by Moms Demand Action (Attachment 2).

Staff Recommendation
If the City Council would like to introduce a residential safe storage of firearms ordinance, staff recommends that the City Council introduce Ordinance No. 1773 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CHAPTER 9.04 - OFFENSES AGAINST PUBLIC PEACE AND DECENCY, OF THE SAN CLEMENTE MUNICIPAL CODE TO ADD NEW SECTION 9.04.045,

RELATING TO SAFE STORAGE OF FIREARMS, AND FINDING THE

ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.

B. CONSIDERATION OF RESTABLISHING A SAND COMPATIBILITY AND

OPPORTUNISTIC USE PROGRAM (SCOUP) IN SAN CLEMENTE
Staff Recommendation
Provide specific direction to the Coastal Administrator regarding Sand Compatibility and Opportunistic Use Program (SCOUP). Because this has been identified as a high priority for the community, staff additionally recommends that a SCOUP Permit will provide an additional opportunity to

City Council Regular Meeting Agenda February 20, 2024
protect the San Clemente shoreline.

C. REQUEST TO INTRODUCE (FIRST READING) AN ORDINANCE MODIFYING THE COASTAL ADVISORY COMMITTEE MEETING SCHEDULE; AND

CONSIDERATION OF AD HOC SUBCOMMITTEES
(Agendized by Mayor Pro Tem Enmeier, with the support of Councilmember Loeffler and Councilmember Duncan, at the February 6, 2024 City Council meeting.)
Staff Recommendation

1. If the City Council desires to modify the Coastal Advisory Committee meeting schedule, the City Council should introduce and conduct a first reading of Ordinance No. 1774 entitled AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
AMENDING SECTION 2.29.040 OF THE MUNICIPAL CODE OF THE

CITY OF SAN CLEMENTE TO CHANGE THE COASTAL ADVISORY

COMMITTEE MEETING SCHEDULE FROM BI-MONTHLY TO
MONTHLY.
and/or

2. Provide direction to the Coastal Advisory Committee (CAC) that after their 2024 work plan is approved by the City Council, if the CAC finds it necessary and proper, the CAC may establish ad hoc subcommittees related to specific tasks in the approved 2024 work plan, and further direct the CAC to determine start dates and sunset dates for any ad hoc subcommittee(s) when they select the subcommittee members.

3. If the City Council finds that the current meeting schedule is appropriate, no further action is needed.

D. DIRECTION FROM THE CITY COUNCIL IN THE CREATION OF THE COASTAL ADVISORY COMMITTEE 2024 WORK PLAN
Staff Recommendation
Provide direction to staff to provide to the Coastal Advisory Committee that will allow the committee to create the 2024 Work Plan for consideration of adoption by the City Council.

City Council Regular Meeting Agenda February 20, 2024
E. CONSIDERATION OF A RESOLUTION APPROVING CLASSIFICATION

CHANGES SUPPORTING CITY MANAGER OPERATIONS AND CITY

ADMINISTRATION AND REVISED SALARY SCHEDULE
Staff Recommendation
Adopt Resolution No. 24-22 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING REVISED

SALARY SCHEDULE AND NEW CLASSIFICATIONS AND AMENDING
RESOLUTION NO. 23-157 AND ANY OTHER RESOLUTIONS IN CONFLICT THEREWITH.

F. SAN GORGONIO PARK COMMUNICATIONS SITE LEASE AGREEMENT Staff Recommendation
Adopt Resolution No. 24-23, which will approve, and authorize the City Manager to execute, Contract No. C24-11, a Communications Site Lease Agreement, by and between the City of San Clemente and DISH Wireless for a facility at San Gorgonio Park.

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

A. City Council Minutes
Staff Recommendation:
(1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF FEBRUARY 6, 2024.

B. Commission/Committee Minutes
None.

C. Warrant Register
None.

Payroll Register
None.

City Council Regular Meeting Agenda February 20, 2024
D. CONTRACT AWARD - FOUR LIFEGUARD TOWERS REPLACEMENT (2024),

AND APPROVING A SUPPLEMENTAL APPROPRIATION RELATED

THERETO
Staff Recommendation
Adopt Resolution No. 24-24, which will:
..recommendation

1. Approve a supplemental appropriation in the amount of $86,533 from the General Fund into Account No. 001-641-45700-000-22104.

2. Award the Lifeguard Towers Replacement (2024), CIP Project No. 22104, construction contract to U.S. Builders and Consultants, Inc. as the lowest responsible and responsive bidder.

3. Approve, and authorize the City Manager to execute, Contract No. C24- 08, by and between the City of San Clemente and U.S. Builders and Consultants, Inc., providing for Lifeguard Towers Replacement, in the amount of $288,800, in a form substantially similar to Contract No. C24-08 (Attachment 3).

4. Approve a 10% project contingency of $28,900.

E. RATIFICATION OF AN EMERGENCY CONSTRUCTION CONTRACT FOR BRIDGE DEMOLITION AND REMOVAL FROM METROLINK YARD;

RATIFICATION OF AN EMERGENCY PROFESSIONAL CONSULTANT

SERVICES AGREEMENT FOR INSPECTION AND STRUCTURAL
EVALUATION SERVICES DURING BRIDGE REMOVAL; AND APPROVING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $69,037
Staff Recommendation
Adopt Resolution No. 24-25, which will:

1. Make a finding that an emergency existed due to the need for immediate disposal of the damaged two bridge spans of the Pedestrian Beach Trail from the Metrolink Yard due to its limited capacity and required immediate action to protect public health and safety, which might not have been possible to maintain if delays attributable to the typical public competitive bidding process had been incurred.

2. Declare that the public interest and necessity demanded the immediate expenditure of public funds to safeguard public health.

3. Ratify an emergency construction contract with Diamond Construction & Design for the pedestrian bridge demolition and removal from Metrolink’s yard in the amount of $60,078.

City Council Regular Meeting Agenda February 20, 2024

4. Ratify an emergency Professional Consultant Services Agreement with KPFF Consulting Engineers for inspection and structural evaluation services during the bridge removal in the amount of $8,959.

5. Approve a supplemental appropriation in the amount of $69,037 from the General Fund is requested into Account No. 014-811-45300-000-11810.

F. RATIFICATION OF AN EMERGENCY CONSTRUCTION CONTRACT FOR PRIMA DESHECHA CANADA CHANNEL (FACILITY NO. M01) WALL
STABILIZATION AT GRANDE VISTA PROJECT; APPROVING A PROJECT CONTINGENCY; AND APPROVING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $99,585
Staff Recommendation
..recommendation
Adopt Resolution No. 24-26, which will:

1. Make a finding that an emergency existed due to the need for immediate channel and slope stabilization and required immediate action to protect public health and safety, which might not have been possible if delays attributable to the typical public competitive bidding process had been incurred.

2. Declare that the public interest and necessity demanded the immediate expenditure of public funds to safeguard public health.

3. Approve a supplemental appropriation in the amount of $99,585 to Account Number 059-553-43420-000-26001 from the Storm Drain Depreciation Fund for the Prima Deshecha Canada Channel (Facility No.

M01) Wall Stabilization at Grande Vista.

4. Ratify the Construction Contract with Diamond Construction & Design for an amount not to exceed $77,215 for the stabilization of the M01 channel wall and its adjacent slope.

5. Approve a 19% project contingency of $14,670.

G. CONSIDERATION OF COUNCILMEMBER TRAVEL AND TRAINING

EXPENSES
Staff Recommendation
Authorize an expenditure of up to $550 related to City Councilmember Duncan’s attendance at the 2024 March Policy Committee Meeting.

City Council Regular Meeting Agenda February 20, 2024
H. CONSIDERATION OF COUNCILMEMBER TRAVEL AND TRAINING

EXPENSES
Staff Recommendation
Authorize an expenditure of up to $4,450 related to City Councilmember Duncan's and Mayor Pro Tem Enmeier's attendance at the League of California Cities, City Leaders Summit in April 2024.

I. CONTRACT AWARD - COMPLETION OF LEAD AND COPPER RULE

REVISIONS LEAD SERVICE LINE INVENTORY AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT UNDER CLASS 9
Staff Recommendation
Adopt Resolution 24-27, which will:

1. Find the project categorically exempt from the California Environmental Quality Act (CEQA) under Class 9 (Inspections) of the state CEQA Guidelines section 15309.

2. Approve, and authorize the City Manager to execute, Contract No. C24-10, shared services consultant agreement, by and between the City of San Clemente and Metropolitan Water District of Orange County and Hazen and Sawyer, providing for the completion of Lead and Copper Rule Revisions Lead Service Line Inventory, in the amount of $74,288.

J. ADOPTION OF CITY INVESTMENT POLICY MODIFICATION (CITY’S IP SECTION 4.6 AND APPLICABLE DEFINITIONS)
Staff Recommendation
Adopt the Proposed Investment Policy No. 201-1 with modifications to Section

4.6 and applicable definitions, effective February 20, 2024.

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

12. Future Agenda Items

City Council Regular Meeting Agenda February 20, 2024

13. Reports
A. Commissions and Committees
B. Council Subcommittee Updates
C. Council Members
D. City Attorney
E. City Manager

14. Adjournment
Adjourn to an Adjourned Regular Meeting scheduled to take place on March 5, 2024 at 4:00 p.m. for the purpose of conducting the Long Term Financial Plan. Closed Session will begin at 5:00 p.m. and the Regular Business Meeting will begin at 6:00 p.m. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

City Council Regular Meeting Agenda February 20, 2024

CITY COUNCIL MEETING PROCEDURES

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

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

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

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

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

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

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

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

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

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

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: February 20, 2024 Agenda Item: 9A
Submitted By: Community Development
Subject:
..titl e

PUBLIC SAFETY COMMITTEE EVALUATION OF THE SAFE GUN STORAGE ORDINANCE

PROPOSAL BY MOMS DEMAND ACTION AND INTRODUCTION (FIRST READING) OF

RESIDENTIAL SAFE STORAGE OF FIREARMS ORDINANCE AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body Fiscal Impact:

There is no anticipated fiscal impact as a result of this item.

Summary:

This report presents the findings from the Public Safety Committee's thorough evaluation of the safe gun storage ordinance proposed by Moms Demand Action. It details the discussions that took place, the concerns regarding the proposed Model Safe Storage Ordinance, particularly its alignment with state laws and the clarity of its provisions, and the Committee's ultimate resolution.

A proposed ordinance in also included (Attachment 1) for consideration by the City Council to address residential safe gun storage in a manner that does not conflict with the concerns of the Public Safety Committee.

Background:

In response to direction from the City Council at the September 5, 2023, regular meeting (meeting minutes provided as Attachment 3), the Public Safety Committee examined the safe gun storage ordinance proposed by Moms Demand Action (Attachment 2). The review by the Public Safety Committee identified issues of compatibility between the precise language of the proposed ordinance and current state legislation. Of specific concern was the proposed requirements that firearms and ammunition be kept, when not in use, in separate locked storage devices.

The Public Safety Committee discussed the proposed ordinance on October 24 and November 28, 2023, and concluded that existing state laws, including California Penal Code sections 25100, et seq., already comprehensively cover aspects of safe gun storage, and the Committee advised against the adoption of the Moms Demand Action’s model ordinance, deeming further local legislation unnecessary. The Minutes of the Public Safety Committee meetings are included as Attachments 4 and 5, respectively.

The safe use of guns and firearms is an area of common ground. Policies to promote safety are often less amenable. The potential to have firearms in a home that are easily accessible to children, persons struggling with mental health issues, and criminals, can increase firearm related injuries, deaths and crimes. Research indicates that these risks are reduced when unattended 1 Meeting Date: February 20, 2024 Agenda Item: 9A

CITY OF SAN CLEMENTE
firearms are locked up or disabled with a trigger lock. This concern was previously acknowledged, with support for safe gun storage, by the City Council on June 1, 2021 through adoption of Resolution 20-21 entitled, “A Resolution of the City Council of the City of San Clemente, California, Declaring the City to be a ‘Second Amendment Freedom City.’” That Resolution is provided as Attachment 6. Through that Resolution, the City Council indicated that “[t]he City of San Clemente City Council encourages all owners of firearms to complete firearms safety training and to ensure all firearms are stored in a safe and secure manner.” As a companion to Resolution 20-21, an ordinance has been prepared for consideration by the City Council (Attachment 1) to address the concerns presented by Moms Demand Action in a manner that protects the health and safety of the public, without requiring firearms and ammunition to be stored separately. Additionally, the proposed ordinance does not require firearms to be in a locked safe if they are under the control of the owner or are secured with a secure trigger-lock device, thereby preventing firearm access by those who are not the owner or authorized user of a firearm and reducing the number of firearm-related injuries, deaths and crimes. The proposed ordinance would amend Chapter 9.04 of the San Clemente Municipal Code (SCMC) to include a new section 9.04.045 requiring people who keep firearms in their residences, including accessory structures (e.g., garages and sheds), to store them in locked containers or disable them with a trigger lock unless the firearm is on their person or is in the immediate control of the person so that it can be readily retrieved.

This proposed ordinance does not substantially burden the right or ability of owners to use firearms for self-defense in the home. The locking requirements in this ordinance apply only to firearms that are not being carried on the person or in the person's immediate control. Under the proposed ordinance, firearm owners may carry loaded and unlocked firearms in the home at any time and the safe storage requirements allow owners to store firearms loaded if they wish. It is important to note that federal and state laws preempt enforcement of many aspects of municipal laws related to firearms, and criminal enforcement of the proposed ordinance is unlikely to occur.

The proposed ordinance also encourages owners of firearms to report lost or stolen firearms to law enforcement. A person who reports a firearm lost or stolen with a law enforcement agency will not be subject to prosecution for violation of the ordinance for the firearm that is reported lost or stolen. The ordinance is intended to address the risks posed by unsecured firearms in the home. Adherence to the ordinance will help prevent accidental shootings, teen suicides, and firearm thefts from homes during burglaries.

Council Options:
 Introduce and conduct a first reading of Ordinance No. 1773, to amend SCMC Chapter 9.04 to add a new section 9.04.045, relating to the residential safe storage of firearms.  Modify and then introduce Ordinance No. 1773.
 Do not introduce Ordinance No. 1773, and receive and file this report of the Public Safety Committee’s recommendation.
 Continue the item and direct staff to provide additional information. 2 Meeting Date: February 20, 2024 Agenda Item: 9A

CITY OF SAN CLEMENTE
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 prohibits, absent an applicable federal or state preemption, the unsecured storage of firearms on residential properties. 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 environment." 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 ordinance simply prohibits the unsecured storage of firearms on residential properties; the ordinance will not result in any development or in any new activity with the potential to impact the environment.

Recommended Actions:

Public Safety Committee Recommendation
The Public Safety Committee recommends that the City Council choose not to introduce the ordinance proposed by Moms Demand Action (Attachment 2).

Staff Recommendation
If the City Council would like to introduce a residential safe storage of firearms ordinance, staff recommends that the City Council introduce and conduct a first reading of Ordinance No. 1773 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CHAPTER 9.04 - OFFENSES AGAINST PUBLIC PEACE AND DECENCY, OF THE SAN CLEMENTE MUNICIPAL CODE TO ADD NEW SECTION 9.04.045,

RELATING TO SAFE STORAGE OF FIREARMS, AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.”
..recommendation
..endAttachment:

1. Proposed Ordinance 1773

2. Moms Demand Action Model Safe Storage Ordinance

3. Minutes of the City Council Meeting of September 5. 2023, excerpted

4. Minutes of the Public Safety Committee Meeting of October 24, 2023, excerpted

5. Minutes of the Public Safety Committee Meeting of November 28, 2023

6. Resolution 20-21, adopted by City Council June 1, 2021 Declaring the City a “Second Amendment Freedom City”
Notification:

None.
3 ATTACHMENT 1
ORDINANCE NO. 1773

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AMENDING CHAPTER

9.04 - OFFENSES AGAINST PUBLIC PEACE AND

DECENCY, OF THE SAN CLEMENTE MUNICIPAL CODE
TO ADD NEW SECTION 9.04.045, RELATING TO SAFE

STORAGE OF FIREARMS, AND FINDING THE

ORDINANCE NOT SUBJECT TO THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of San Clemente has authority to enact laws that protect the public health, safety and general welfare of its residents pursuant to the police power delegated to it by the California Constitution; and
WHEREAS, having a firearm in the home that is easily accessible to children, those struggling with mental health issues, and criminals, increases firearm related injuries, deaths, and crimes, creating significant local and national public health impacts; and
WHEREAS, research indicates that these impacts are reduced when firearms are locked up or disabled with a trigger lock (secured); and WHEREAS, firearm-related deaths in the United States are the second leading cause of injury-related deaths in children between the ages of 1 and 17, surpassed only by motor vehicle injury deaths; and
WHEREAS, it is estimated that 4.6 million children in the United States live in a home with unsecured firearms; and
WHEREAS, studies show that unsecured firearms are frequently accessible to and accessed by young children, even when their parents believe their firearms are not accessible; and
WHEREAS, 73% of children ages 9 and under reported knowing the location of their parent's firearms, and 36% of those children admitted that they had handled the firearms, including children whose parents had reported their children did not know the location of their firearms; and
WHEREAS, evidence shows that the presence of a firearm in a home with children substantially increases the risk of suicide and accidental shootings, but that these risks are lower in homes where firearms are secured; and
WHEREAS, suicide attempts often are impulsive acts, with one study finding that 24% of nearly lethal suicide attempts by individuals 13 to 34 years of age occurred within five minutes of their decision to attempt suicide; and
4 Ordinance No. 1773 Page 2
WHEREAS, secured firearms impede the opportunity for impulsive suicide attempts, giving suicidal individuals time to contact family, friends, and health-care professionals, and giving others time to react; and
WHEREAS, data between 2004 and 2014 from the Centers for Disease Control shows that among minors between the ages of 10 and 17, firearms were used in just 9% of youth suicides in Massachusetts, a state that has child firearm access prevention laws, compared to 39% of youth suicides nationally, and that the overall suicide death rate among youth in Massachusetts is 35% below the national average; and WHEREAS, an April 2019 study of pediatric gunshot wounds identified children ages 0- 15 years who were admitted to a Houston trauma center from 2001 to 2016 and concluded that many of the gun shot injuries could have been prevented with safe firearm storage, increased community education efforts, and other safety measures; and WHEREAS, the RAND Corporation analyzed scientific literature on firearm laws and concluded that child firearm access prevention laws reduce firearm self-injuries (including suicides) and unintentional firearm injuries and deaths among children; and WHEREAS, in 2012, the United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), reported that lost and stolen firearms pose a substantial threat to public safety and to law enforcement; and WHEREAS, requiring the safe storage of firearms will reduce the number of firearms stolen during household burglaries or other property crimes, as about 93% of firearm thefts between 2005 and 2010 occurred during property crimes; and WHEREAS, in 83% of burglaries and 85% of other property crimes that involved a stolen firearm, none of the stolen firearms had been recovered; and WHEREAS, lost and stolen firearms are used to commit violent crimes, are often bought and sold in an unregulated secondary market where law enforcement is unable to trace transactions, and are transferred to others who commit crimes or are prohibited by law from possessing a firearm; and
WHEREAS, states that require firearms to be secured have a firearm theft rate below the national average; and
WHEREAS, the National Rifle Association (NRA) safety rules instruct gun owners to store guns so they are not accessible to unauthorized persons; and WHEREAS, the California Attorney General advocates for secure storage of firearms using safety devices, such as a trigger lock or cable lock, or locked containers, such as a lock box or a gun safe; and
WHEREAS, the International Association of Chiefs of Police advocates for responsible firearms owners to secure their firearms from theft and from misuse by using safes, trigger locks, and monitored alarm systems; and
5 Ordinance No. 1773 Page 3
WHEREAS, this Ordinance requires firearms to be secured with trigger locks, in a locked container, on the person, or in the person's immediate control, and does not substantially burden a person's right or ability to use firearms for self-defense in the home; and
WHEREAS, this Ordinance applies only to firearms that are not being carried on the person or in the person's immediate control; and
WHEREAS, under this Ordinance, a person may carry loaded and unlocked firearms in the home at any time, and loaded firearms may be securely stored; and WHEREAS, the Legislature of the State of California has not, expressly or by implication, preempted the regulation of safe residential firearm storage; and WHEREAS, the Council of the City of San Clemente finds that this Ordinance addresses the risks posed by unsecured firearms in the home and will help prevent accidental shootings, teen suicides, and residential firearm thefts; and WHEREAS, the Council of the City of San Clemente finds and declares that this Ordinance will preserve the peace and protect the public health, safety, and general welfare of the residents of the City of San Clemente by reducing firearms-related injuries and crime; and
WHEREAS, the Council of the City of San Clemente further finds it is within its police power to implement and enforce the provisions of this Ordinance; 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 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. 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 prohibits, absent an applicable federal or state preemption, the unsecured storage of firearms on residential properties. 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 prohibits the unsecured storage of firearms on residential properties; the Ordinance will not result in any development or in any new activity with the potential to impact the environment. 6 Ordinance No. 1773 Page 4
Section 3. Code Amendment. Section 9.04.045 is hereby added to the San Clemente Municipal Code and shall read in its entirety as follows:
“9.04.045 - Residential Safe Storage of Firearms.

A. Purpose and Intent. It is the purpose and intent of this section that the storage of firearms in residences within the City of San Clemente be regulated for the protection and health of the public and to prevent firearm access by a person who is not the authorized user of a firearm.

B. Definitions. For the purposes of this section, defined terms appear in italics. The following definitions apply in this section:

1. Accessory structure and accessory building have the same meaning as in San Clemente Municipal Code section 17.88.030.

2. Authorized user means a person who is not prohibited from owning or possessing a firearm.

3. Firearm means any weapon from which a missile, such as, but not limited to, a bullet, ball, or shell, is hurled by an explosive.

4. Locked container has the same meaning as in California Penal Code section 16850.

5. Person has the same meaning as in San Clemente Municipal Code section 1.04.020.

6. Residence means any structure intended or used for human habitation including, without limitation, houses, townhouses, condominiums, apartments, and mobilehomes.

7. Structure and building have the same meaning as in San Clemente Municipal Code section 17.88.030.

8. Trigger lock means a firearm safety device approved by the California Department of Justice Bureau of Firearms in accordance with California Penal Code section 23635.

C. Prohibition. It is unlawful for any person to keep a firearm within any residence, including its accessory structures or accessory buildings, whether attached or detached, unless the firearm is stored in a locked container or disabled with a trigger lock.

D. Exceptions. Subsection C shall not apply in the following circumstances:

1. The firearm is carried on the body of a person who is an authorized user of the firearm, or
7 Ordinance No. 1773 Page 5

2. The firearm is in the immediate control of the authorized user so that the person can readily retrieve and use the firearm as if carried on the person's body.

E. Reporting Lost or Stolen Firearms. In order to encourage reports to law enforcement agencies of lost or stolen firearms, a person who files a report with a law enforcement agency notifying the agency that a firearm has been lost or stolen shall not be subject to prosecution for violation of this section for the firearm that is reported lost or stolen.

Section 4. 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 5. Conflicts with Prior Ordinances. In the event that any City ordinance or regulation, in whole or in part, adopted prior to the effective date of this Ordinance, conflicts with any provisions in this Ordinance, the provisions in this Ordinance will control.

Section 6. 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 7. 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 8. 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 Mayor of the City of San
San Clemente, California Clemente, California
8 Ordinance No. 1773 Page 6

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. 1773 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. __________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_______________________________
Elizabeth A. Mitchell, CITY ATTORNEY
9 ATTACHMENT 2
10 MOMS DEMAND ACTION/ EVERYTOWN FOR GUN SAFETY
Model Safe Storage Ordinance

RESPONSIBLE STORAGE
WHEREAS, unsecured guns may increase the likelihood of crime and violence through an increased risk of gun theft;
WHEREAS, each year, an estimated 200,000 to 500,000 gl.Uls are stolen,_and many are funneled into the underground market;
WHEREAS, access to unsecured firearms contributes to gun violence among children and teens; WHEREAS, despite the safety risks, the majority of gun owners do not secure all of their firearms;
WHEREAS, contrary to popular belief, locking devices do not prevent owners from readily accessing their firearms;
WHEREAS, we are all safer when guns are stored unloaded, locked and separate from ammunition.

Sec. 1.
(a) As used in this section:
(I) "Firearm" means [state code reference].
(2) "Locked container" means a secure c<'>ntain.er that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device. ''Locked container" shall not include the utility or glove compartment of a motor vehicle. (3) "Locking device" means a trigger lock or other designed to prevent a firearm ~romfunctioning and, when applied to the firearm, renders the firearm inoperable. ( 4) "Unloaded" means without a cartridge
(i) in the chamber of the firearm;
(ii) in the cy Hnder of the firearm, if the firearm. is a revolver; or (iii) in the magazine of the firearm, if any part of the magazine is in or affixed to the firearm.
11 (b) It shall be an offense for a person to store or keep any fireann on any premises unless the frreannis:
(I) Unloaded and in a locked container, or tmloaded and affixed with a locking device; or (2) carried on the person, or is otherwise in the immediate possession, of an individual in accordance with all applicable laws.
(c) Subsection (b) shall not apply to:
(I) A firearm stored or kept on premises owned by or under the control of a law enforcement agency.
(2) Afireann stored or kept on the business premise of federally licensed fuearms dealer. (d) A violation of subsection (b) is punishable by a fine not exceeding $1,000. 12 Jurisdictions in California with a Secure Storage Ordinance Last Updated 5/2/2023
Alameda County
• Alameda
• Berkeley
• Dublin
• Livermore
• Oakland
• Pleasanton
Contra Costa County
• Antioch
• Moraga
• Orinda
• VValnut Creek
Los Angeles County
• Calabasas
• Cudahy
• Culver City
• City of Los Angeles
• Hermosa Beach
• South Pasadena
• San Marino
• West Hollywood
Marin County
• Belvedere
• Tiburon
13 • San Mateo
• South SF
Santa Barbara County
• Goleta
Santa Clara County
• Los Altos
• Los Altos Hills
• Monte Sereno
• Morgan Hill
• Mountain View
• PaloAlto
• San Jose
• Sunnyvale
• San Jose
• Santa Clara County
• Saratoga
• Sunnyvale
Santa Cruz County
• Santa Cruz
Yolo County
• Davis
• Woodland
• Yolo County
14 Napa County
• Napa
• St. Helena
• Yountville
Riverside County
• Palm Springs
San Diego County
• City of San Diego
• County of San Diego
• Encinitas
• Solana Beach
• Del Mar
San Francisco County
• San Francisco
San Luis Obispo
• Morro Bay
San Mateo County
• Belmont
• Burlingame
• Colma
• Daly City
• East Palo Alto
• Faster City
• Hillsborough
• Millbrae
• Portola Valley
• Redwood City
• San Bruno
• San Carlo&
• San Mateo County
ATTACHMENT 3
15 CITY OF SAN CLEMENTE
Tuesday, September 5, 2023
City Council
Regular Meeting Minutes
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting
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 Regular Meeting of the San Clemente City Council was called to order by Mayor Duncan on September 5, 2023 at 5:01 p.m. in the San Clemente City Council Chambers, located at 91 O Calle Negocio, 2nd Floor, San Clemente.

PRESENT: *Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan *arrived at 5:03 p.m.

STAFF PRESENT: Andy Hall, City Manager; Elizabeth Mitchell, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk

CLOSED SESSION
Closed Session Item B - Conference with Legal Counsel - Anticipated Litigation
Thor Johnson expressed concerns regarding the potential cost to the City of San Clemente related to the James Bieber v. Gene James case.

Closed Session Item C - Conference With Real Property Negotiators Amanda Q narrated a PowerPoint presentation entitled "Three Parcels for Sale or Lease?". A hard copy of the presentation is on file with the City Clerk.

Motion by Mayor Pro Tern Knoblock, second by Councilmember Enmeier, CARRIED 5-0, to recess to Closed Session at 5:07 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
Cou rt of Appeal Case No.: E078045 (Fourth Appellate District, Division 2) Page1 of1 3
16 City Council Regular Meeting Minutes September 5, 2023

11. Oral Communications (Part 2)
Tony Rubolino, San Clemente, narrated a PowerPoint presentation entitled "Chris Duncan: Campaigning off the Vista Del Mar Lockdown". A hard copy of the presentation is on file with the City Clerk .

12. Future Agenda Items
Climate Action Plan
Councilmemeber Loeffler, with the support of Council, directed staff to update the City's Climate action plan and include a potential ban on single use plastics and community choice energy.

Moms Demand Action and Safe Gun Storage
Councilmember Loeffler, with the support of Mayor Duncan and Councilmember Enmeier, directed the Public Safety Committee to review the letter of support concerning Moms Demand Action related to safe gun storage .

E-Bike Safety
Councilmember Cabral, with the support of Councilmember Loeffler and Councilmember Enmeier, directed the Public Safety Committee to evaluate and make recommendations to Council concerning E-Bike safety.

13. Reports
A. Commissions and Committees
None.

B. Council Subcommittee Updates
None.

C. Council Members
Pet Project Foundation Gala
Councilmember Enmeier announced the Pet Project Foundation Gala, Tails of Furever, will be held on Sunday September 10, 2023.

World Surf League
Mayor Duncan provided an update on the World Surf League.

D. City Attorney
City Attorney Mitchell announced her firm , Burke, Williams and Sorensen, are sponsors for the Pet Project Foundation Gala, Tails of Furever, and that she would be in attendance.

17 City Council Regular Meeting Minutes September 5, 2023 E. City Manager
Announcement of Contracts Approved and Executed by the City Manager City Manager Hall reported that the following contracts were executed under his authority:
1) Bob Hall and Associates providing for recruitment assistance $15,000. 2) Ventura Directional Drilling - Linda Lane Pump Station Hydro Auger $49,421 . 3) 34th Street Consulting providing for Conflict Resolution and Team Building $10,000 4) Mike Linares providing for CDBG Administration $32,000 5) Underground Solutions - Standby Generator Addition and Electrical Distribution System Upgrade $8,11 7.

14. Adjournment
Motion by Mayor Pro Tern Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to adjourn at 10:07 p.m. to an Adjourned Regular Meeting to be held on September 14, 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.

AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
M~ -C-ity_o_f _ _
Cl Y CLERK of the City of
San Clemente, California

ATTACHMENT 4
18 These minutes were approved at the Public Safety Committee Meeting of 11/28/2023.

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

PUBLIC SAFETY COMMITTEE

1. CALL TO ORDER
October 24, 2023
City Hall
Council Chambers, 2nd Floor
910 Calle Negocio
San Clemente, CA 92673
Chair Berkuta called the Regular Meeting of the Public Safety Committee of the City of San Clemente to order at 3:02 p.m.

2. PLEDGE OF ALLEGIANCE
Member Rhoden led the Pledge of Allegiance.

3. ROLL CALL
Committee
Members Present: Chair Nick Berkuta
Vice Chair Michael Greenwald
Mark Rhoden
Scotland Roeber
Chief Cheyne Maule
Captain Rod Mellott

Absent: Member Gary Walsh
Captain Jay Christian
Staff Present: Danielle Sorahan, Code Compliance Manager Natanya Wilcher, Office Specialist
Adam Atamian, Community Development Director
Special Guests: Pete Van Nuys

4. SPECIAL ORDERS OF BUSINESS/ PRESENTATIONS
Presentation by Pete Van Nuys on Advancing E-bike Safety in San Clemente Chair Berkuta introduced Pete Van Nuys.

Mr. Van Nuys provided information and materials on e~bike safety and discussed the need for parental involvement and education.
19 Page2
Minutes of the Regular Meeting of the Public Safety Committee of October 24, 2023

5. MINUTES
A. Minutes from the Regular Public Safety Committee Meeting of September 26,2023

MOTION BY VICE CHAIR GREENWALD, SECOND BY MEMBER ROEBER AND CARRIED 3~0~2, Chair Berkuta abstaining and Member Walsh absent, to approve the minutes from the Public Safety Committee meeting of September 26, 2023.

6. ORAL AND WRITTEN COMMUNICATION
Tom Streeter discussed difficulty in catching e~bike violators and suggested body worn cameras for private security and code enforcement.

Cameron Cosgrove suggested expanding the park ranger and enforcement program and provided his proposal.

The Committee concurred with the need and indicated it would consider the proposal.

7. . REVIEWS AND RECOMMENDATIONS
A. Care Ambulance Performance Measures FY2023 Q4
Member Roeber indicated he and Chair Berkuta met to analyze the ambulance response to determine compliance with the contract. He stated the contract was in effect until 2026, at which time the Fire Authority would work on consistent contracts throughout the County.

Vice Chair Greenwald suggested working with Faulk on understanding the contract and expectations.

Code Compliance Manager Sorahan stated the contract was managed by the City Manager's Office.

B. OCFA Performance Measures FY2023 Q4
Chief Maule provided details of the fourth quarter. In response to Committee questions, Chief Maule explained the issue of wall time; and confirmed the number of inspections.

8. NEW BUSINESS
A. Review the Letter of Support Concerning Moms Demand Action Related to Safe Gun Storage
20 Minutes of the Regular Meeting of the Public Safety Committee of October 24, 2023 Vice Chair Greenwald concurred with the proposed action.

Chair Berkuta discussed the need for gun safety in homes.

Page3
Member Rhoden expressed concern with the demand that guns be locked and unloaded.

MOTION BY MEMBER RHODEN to submit the proposal to the City Council amended to delete Section 1 (a) (4) (iii). The motion died due to lack of a second.

MOTION BY MEMBER RHODEN, SECOND BY MEMBER ROEBER, AND
CARRIED 4-0-1, Member Walsh absent, to continue the item pending revisions to the next meeting.

8. NEW BUSINESS
A. Consideration and Development of 2023-2024 Public Safety Committee Workplan
(1) Communications and Disaster Preparedness Project Update Chair Berkuta recommended retaining the item on the work plan. (2) Homelessness and Best Management Practices for Public Safety Personnel Proiect Update
Member Rhoden recommended continuing the item, with Goal No. 3 amended to read "Ensure that the safety, welfare, and public right of ways are strictly maintained."
(3) Legislation Review
Member Rhoden stated there was value with the subcommittee but redundancy with some of the other subcommittees and proposed the item be suspended and reconsidered next year.

Director Atamian stated the Review of Urgent Matters Subcommittee could cover urgent legislative issues. He discussed the City's review of legislation and indicated the Committee would be provided with the updates.

The Committee determined to remove the item.
21 Page?
Minutes of the Regular Meeting of the Public Safety Committee of October 24, 2023 F. City Staff
Code Compliance Manager Sorahan discussed staffs homeless outreach presentation to Council on October 17, 2023, and indicated the two full-time park rangers had been hired and need for future Committee recommendations on the program.

11. ADJOURNMENT
Attest:

MOTION BY CHAIR BERKUTA, SECOND BY MEMBER RHODEN AND
CARRIED 4~0-1, Member Walsh absent, to adjourn at 5:35 p.m., to the next Regular Meeting of the Public Safety Committee scheduled to be held on Tuesday, October 28, 2023, at 3:00 p.m. at City Hall in Council Chambers of City Hall at 910 Calle Negocio, San Clemente, California.
~fu__ ~ Danielle Sorahan, Code Compliance Manager
ATTACHMENT 6
22 These minutes were approved at the Public Safety Committee Meeting of 01/23/2024.

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

PUBLIC SAFETY COMMITTEE
November 28, 2023
City Hall
Council Chambers, 2nd Floor
910 Calle Negocio
San Clemente, CA 92673

1. CALL TO ORDER
Chair Berkuta called the Regular Meeting of the Public Safety Committee of the City of San Clemente to order at 3:01 p.m.

2. PLEDGE OF ALLEGIANCE
Member Roeber led the Pledge of Allegiance.

3. ROLL CALL
Committee
Members Present: Chair Nick Berkuta
Vice Chair Michael Greenwald
Mark Rhoden
Scotland Roeber
Gary Walsh
Captain Jay Christian
Chief Cheyne Maule (arrived at 4:06 p.m.}
Captain Rod Mellott
Staff Present: Danielle Sorahan, Code Compliance Manager Natanya Wilcher, Office Specialist
Trevor Milosch, Park Ranger Supervisor
Adam Atamian, Community Development Director
Special Guests: Resident Serge Jonnaert

4. SPECIAL ORDERS OF BUSINESS / PRESENTATIONS
A. The Role of City .. council Appointed Advisory Committees This item was tabled.

B. Presentation by Resident Serge Jonnaert on a Proposed Lithium Batterv Storage Facility in a Verv High Fire Danger Area
23 Page2
Minutes of the Regular Meeting of the Public Safety Committee of November 28, 2023 Serge Jonnaert explained the purpose of battery farms and expressed concern with installation in the high fire danger areas, particularly in the Sandpiper project.

In response to Committee questions, Mr. Jonnaert assumed the reasoning for the desired development location. Community Development Director Atamian explained the open space zone and potential land use obstacles.

Chair Berkuta questioned whether the proposed facility was a public safety nuisance.

Vice Chair Greenwald discussed the SDG&E switching station and potential location for the battery farm.

5. MINUTES
A. Minutes from the Regular Public Safety Committee Meeting of October 24,2023
Vice Chair Greenwald noted a correction to the motion on Page 3, 5th paragraph, stating the Second was by Member Roeber.
25:05 MOTION BY MEMBER ROEBER1 SECOND BY VICE CHAIR
GREENWALD AND CARRIED UNANIMOUSLY, to approve the minutes from the Public Safety Committee meeting of October 24, 2023, as amended.

6. ORAL AND WRITTEN COMMUNICATION
Donna Vidrine addressed the Committee regarding people living and parking in their cars in neighborhoods and questioned if the number was tracked and being dealt with. She discussed the presentation by the Jewish Family Services Safe Parking Program at the Human Affairs Committee.

Scott O'Donnell discussed his experience, the recent incident at the middle school and offered his services with active shooter training.

7. REVIEWS AND RECOMMENDATIONS
A. OCSD Performance Measures FY2023 Q4
Chief Maule provided details of the fourth quarter.

Chair Berkuta requested breaking down crime data by group.

In response to Committee questions, Chief Maule suggested requesting the Council alter the data provided in the report; and explained the fluctuation in moving violations, citations and e-bike accidents.
24 Page3
Minutes of the Regular Meeting of the Public Safety Committee of November 28, 2023

8. 9.

B. Marine Safety Performance Measure FY2023 Q4
Captain Mellott reported on safety statistics; the Junior Lifeguard Program; and the sand replenishment project including cost.

NEW BUSINESS
A. Public Safety Committee Review of Park Ranger Program Enhancements Park Ranger Supervisor Milosch summarized the proposed program enhancements.

In response to Committee questions, Park Ranger Supervisor Milosch and Code Compliance Manager Sorahan discussed the proposed uniforms, staffing, various services provided by other agencies' rangers, duties performed, and need for P.C. 832 training to mitigate risks.

Community Development Director Atamian explained budget restrictions, recommendations to present to the Council, and Community Development organizational chart. He suggested establishing and ad hoc committee to work with staff on recommendations.

The Committee discussed needs including training, equipment, additional staff, and proposed recommendation to the Council; requested staff provide its priority needs; and discussed the possibility of a special meeting.

MOTION BY MEMBER ROEBER, SECOND BY VICE CHAIR GREENWALD, AND CARRIED UNANIMOUSLY, to schedule a special meeting on January 11, 2024, at 3:00 p.m.

UNFINISHED BUSINESS
A. Review the Letter of Support Concerning Moms Demand Action Related to Safe Gun Storage
(1) Safe Firearm Storage Ordinance
(2) CA Criminal Storage Firearm
Member Rhoden explained that Moms Demand Action was an advocacy group of moms and indicated opposition to the proposed policy. He presented his safe firearms storage ordinance, for use if one was necessary, although existing State laws were adequate.

Vice Chair Greenwald stated the Committee had already made the decision that the letter of support was not good.
25 Page4
Minutes of the Regular Meeting of the Public Safety Committee of November 28, 2023 Chair Berkuta discussed statistics of gun thefts.

MOTION BY VICE CHAIR GREENWALD, SECOND BY CHAIR BERKUTA. AND CARRIED UNANIMOUSLY, to inform the Council that the Committee did not support the letter of support concerning Moms Demand Action Related to Safe Gun Storage as written.

8. Public Safety Committee Annual Work Plan FY2022-2023 (1) Communications and Disaster Preparedness Proiect Update Chair Berkuta discussed the possibility of attending a live demonstration of the Laguna Beach public address system.
(2) Homelessness and Best Management Practices for Public Safety Personnel Project Update
Tom Streeter discussed homelessness and urged the Committee to invite a representative from Homeless Outreach to address the Committee. (3) Legislation Review
None.
(4) Neighborhood Watch
Vice Chair Greenwald stated they were continuing to build on block captains and he would report back on the details.
(5) Statistical Information and Review
Chair Berkuta working on stats and will invite Faulk rep to a future meeting. (6) Human Trafficking
Vice Chair Greenwald indicated the 1-5 Group would possibly attend the January 23, 2024 meeting.

Member Rhoden presented the updated goal for Human Trafficking portion of the Annual Work Plan.
(7) E-Bicycle/Traffic Safety
None.
26 Page6
Minutes of the Regular Meeting of the Public Safety Committee of November 28, 2023

11. ADJOURNMENT
Attest:

MOTION BY VICE CHAIR GREENWALD, SECOND BY MEMBER ROEBER, AND CARRIED UNANIMOUSLY, to adjourn at 5:37 p.m., to the next Regular Meeting of the Public Safety Committee scheduled to be held on Tuesday, January 23, 2024, at 3:00 p.m. at City Hall in Council Chambers of City Hall at 910 Calle Negocio, San Clemente, California.

Danielle ~ Sorahan, Code Compliance Manager
ATTACHMENT 6
27 RESOLUTION NO. 21-20

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
·sAN CLEMENTE, CALIFORNIA, DECLARING THE CITY TO
BE A "SECOND AMENDMENT FREEDOM CITY''
WHEREAS, the Second Amendment to the United States Constitution, adopted in 1791 as part of the Bill of Rights) states that ,ithe right of the_ people to keep and bear Arms, shall not be infringed; and •
WHERJ=AS, The U.S. Supreme Court, in District of Columbia v. Heller, affirmed a person's right to possess firearms independent of service \n a militia for traditionally lawful purp~ses, such as self-defense within a home; and • •
WHEREAS, The U.S. S~preme Court, in McDonald v. Chicago, affirmed that State -I~¼'.s cannot infring.e upon an individual's right to "keep a~d bear arms"; and . .

WHEREAS, In 2009; the 9th Circuit, in Nordyke v. King, concluded that "the right to keep and bear arms is deeply.rooted in this Nation's history and tradition" and . . • WHEREAS, There are numerous gun safety courses that are available to· the citizens of San Clemente and their families; and •
WHEREAS, Each member of the San Clemente· City Council has taken an oath to support and defend the Unit~d States Consti\ution and the Constitution of the State of California. • . •
NOW, THEREFORE, The City Council of the City of San Clemente does hereby resolve as follows: • • • •
. Section 1. That the City of San Clemente hereby.supports the Second Amendment Freedom City and opposes any effort to eliminate or diminish ~tie Second Amendment.

Section 2. That the City of San Clemente City Council encourages all owners of • firearms to complete fir~arms safety training and to ensure all firearms are stored in a safe and secure manner. •
Section 3. That the City of San Clem·ente City Council encourages all owners of. • firaal"!'J1S with children in their homes to teach those children the need for firearms safety.

Section 4. That the City of San Clemente City Council is supportive of background checks for all purchases of firearms.

Section 5. That the City Clerk is hereby directed to prepare and deliver copies of this Resolution to all members of the California State Legislature and to the Office of the Governor. •
28 Resolution No. 21-20 Page2
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 1st day of __ _____,T=u=ne=-------' 2021 ATTEST:
ity Clerk of the City of
San Clemente, California· ornia

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 21-20 was adopted at a regular meeting of the City Council of the City of San Clemente held on the 1st day of June, 2021, by the following vote:

AYES: FERGUSON, JAMES, KNOBLOCK
NOES: DUNCAN, MAYOR WARD
ABSENT: NONE
IN WITNESS WHEREOF, I have hereunto ~ t my hand and affixed the official seal of the City of San Clemente, California, this JS"" day of -::5tJA.Jb , c?o .? / .

Approved as to form:
~~~
'
ITY CLERK of the City of
San Clemente, California
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: February 20, 2024 Agenda Item: 9B
Submitted By: City Manager
Subject:
..titl e

CONSIDERATION OF RESTABLISHING A SAND COMPATIBILITY AND OPPORTUNISTIC USE PROGRAM (SCOUP) IN SAN CLEMENTE ..body
Fiscal Impact:

Fiscal impacts, including application fees, consultant fees and staff time to develop the program, will vary depending on the scope of program, costs for environmental and permitting tasks and agency fees. It is anticipated that the process will cost between $250,000 and $400,000.

Summary:

Pursuant to City Council direction on February 6, 2024, this item is being presented to the City Council for consideration and to allow the City Council to give direction to the Coastal Administrator. If directed, the Coastal Administrator will take the actions necessary to reestablishment of a comprehensive, Citywide Sand Compatibility and Opportunistic Use Program (SCOUP) as an additional tool to explore the placement of sand on beaches in the City. The SCOUP permit will allow the City to take advantage of all potential opportunities to add sand and beach compatible sediments to City beaches. Staff is requesting that the City Council provide direction on the re-establishment of SCOUP for San Clemente.

Background:

The City previously had a SCOUP program in place to allow the placement of up to 300,000 cubic yards per year of sand on four beaches in the City over a five-year permit period. However, these City permits have expired. During the timeframe in which the City maintained active permits, the City completed two SCOUP projects at North Beach in the amount of 5,000 cubic yards (2005) and 12,000 cubic yards (2016).

The original SCOUP sites were:
 North Beach, extending south 1,500 feet
 Linda Lane Beach, extending a distance of 1,500 feet
 T-Street Beach North, extending from the pier 1,000 feet south  T-Street Beach South, extending a distance of 1,200 feet south Development of a SCOUP program for San Clemente could be implemented as follows:
(1) Conduct an opportunities and constraints analysis to define the areas of the City where opportunistically available beach compatible sediment can or should be placed; 1 Meeting Date: February 20, 2024 Agenda Item: 9B

CITY OF SAN CLEMENTE
(2) Conduct environmental review and compliance tasks under the California Environmental Quality Act (CEQA) and possibly the National Environmental Policy Act (NEPA); and
(3) Prepare applications and process regulatory approvals with U.S. Army Corps of Engineers (Regulatory Branch); California Coastal Commission; Regional Water Quality Control Board, California State Lands Commission and the Southern California Regional Rail Authority.

Since the City has previously had a SCOUP program in place, efforts to re-establish SCOUP would rely on existing information to the maximum extent feasible to optimize overall efficiency and to minimize costs to the City.

Council Options:
 Provide direction to the Coastal Administrator regarding the potential to obtain a new SCOUP Permit.

Environmental Review/Analysis
City Council direction on this topic is not a “project” pursuant to 2024 State California Environmental Quality Act Guidelines section 15378. CEQA compliance would be required to support development of a SCOUP program for San Clemente.

Recommended Actions:

Staff Recommendation
..recommendation
Staff recommends that the City Council provide specific direction to the Coastal Administrator regarding SCOUP. Because this has been identified as a high priority for the community, staff additionally recommends that a SCOUP Permit will provide an additional opportunity to protect the San Clemente shoreline.
..end
Attachment:

None.

Notification:

None.
2 910 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: February 20, 2024 Agenda Item: 9C
Submitted By: City Clerk
Subject:
..titl e

REQUEST TO INTRODUCE (FIRST READING) AN ORDINANCE MODIFYING THE COASTAL ADVISORY COMMITTEE MEETING SCHEDULE; AND CONSIDERATION OF AD HOC SUBCOMMITTEES ..body
Fiscal Impact:

The primary fiscal impact of the various City Commission and Committee meetings is the staff time required to draft staff reports, prepare for and attend meetings and provide administrative support. These costs vary by committee and the adopted Work Plan for the Commission or Committee. The costs are also directly dependent on how often each of the Commission or Committee meets. In relation to direct fiscal impacts, Committee members receive compensation in the amount of $55.00 per meeting, not to exceed $55.00 per month. Adding six additional meetings per year for the Coastal Advisory Committee would have an additional fiscal impact of $1,650 for committee members stipends.

Summary:

Many of the various committees in the City meet bi-monthly. At least part of the determination of how often a Committee meets is based on the limited time staff has to provide support to the several Committees appointed by the City Council. At the City Council meeting on February 6, 2024, the City Council directed staff to return with a report for the City Council to consider a potential code modification to change the Coastal Advisory Committee (CAC) meeting schedule from bi-monthly to monthly meetings and allow the CAC to establish ad hoc subcommittees based on their 2024 work plan (once it is approved). An item on this same City Council Agenda has been prepared for the City Council to provide direction on the CAC 2024 Work Plan.

Background:

In June 2023, the City Council re-established the CAC after it had been previously absorbed into the Beaches. Parks and Recreation Commission. Section 2.29.040 of the San Clemente Municipal Code (SCMC) provides that the CAC meets bi-monthly (every two months), consistent with most of the various City Committees. SCMC section 2.29.020(F) provides that meetings shall be limited to three hours unless otherwise approved by a majority vote of the Committee plus the concurrence of the primary staff support to the Committee.

At its first meeting on January 18, 2024, the members of the CAC expressed a desire for the City Council to change the meeting schedule from bi-monthly to monthly meetings as well as the ability for the CAC to form subcommittees. That desire was also communicated to the City Council during oral communications at the February 6, 2024 City Council meeting. The City Council directed staff to place the matter on the City Council agenda for further discussion. 1 Meeting Date: February 20, 2024 Agenda Item: 9C

CITY OF SAN CLEMENTE
In preparation for the discussion, staff has included a draft ordinance that, if adopted, would modify the CAC’s meeting schedule from bi-monthly to monthly meetings and allow the creation of ad hoc subcommittees (Attachment 1 – that also includes redlines and strikeouts).

In tandem with this request is a separate item on the agenda to provide direction on the 2024 Work Plan for the CAC which could impact the decision of the City Council. Following a staff analysis of the situation, there are some issues that the City Council should consider:

1. Role of the CAC – As stated in the title of the Committee, the City Council organized the Committee to provide “advice” to the City Council in relation to coastal issues. The City Council will consider the advice and provide direction to the City Manager if action is desired or necessary. In more clearly stated terms, the Committee provides advice to the City Council, the City Council provides direction to the City Manager and the City Manager provides assignments to staff. Members of the CAC have not been authorized or directed to provide assignments to City staff.

2. Staff Limitations – There are staff limitations on how much time can be allocated to administering the various Commissions and Committees in the City. In addition to significant time being devoted to the creation of information for consideration by the City Council every other week, most departments must conduct research, prepare packets, complete minutes and make meeting arrangements for several Commissions and Committees. Doubling the number of meetings, and potentially more with subcommittees, will have an impact on the other tasks assigned to staff.

3. Monthly Meeting Considerations – If the City Council chooses to increase the meetings to a monthly basis, there should be similar considerations for holidays, furlough and other situations where meetings may need to be canceled due to staff limitations.

Council Options:
 Introduce and conduct a first regarding of Ordinance No. 1774 modifying the Coastal Advisory Committee meeting schedule from bi-monthly to monthly meetings.  Provide direction to the CAC regarding the formation of ad hoc subcommittees.  Direct staff to return with additional information.
 Take no action and leave the meeting schedule at bi-monthly meetings.

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

Recommended Actions:

Staff Recommendation ..recommendation

1. If the City Council desires to modify the Coastal Advisory Committee meeting schedule, the City Council should introduce and conduct a first reading of Ordinance No. 1774 entitled AN 2 Meeting Date: February 20, 2024 Agenda Item: 9C

CITY OF SAN CLEMENTE

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION 2.29.040 OF THE MUNICIPAL CODE OF THE CITY OF SAN

CLEMENTE TO CHANGE THE COASTAL ADVISORY COMMITTEE MEETING SCHEDULE FROM BI-MONTHLY TO MONTHLY;
and/or

2. Provide direction to the CAC that after their 2024 work plan is approved by the City Council, if the CAC finds it necessary and proper, the CAC may establish ad hoc subcommittees related to specific tasks in the approved 2024 work plan, and further direct the CAC to determine start dates and sunset dates for any ad hoc subcommittee(s) when they select the subcommittee members.

3. If the City Council finds that the current meeting schedule is appropriate, no further action is needed.
..end
Attachment:

Ordinance No. 1774
Notification:

None.
3 ATTACHMENT 1
ORDINANCE NO. 1774

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING
SECTION 2.29.040 OF THE MUNICIPAL CODE OF

THE CITY OF SAN CLEMENTE TO CHANGE THE

COASTAL ADVISORY COMMITTEE MEETING

SCHEDULE FROM BI-MONTHLY TO MONTHLY
WHEREAS, at its Regular meeting of February 6, 2024, the San Clemente City Council requested staff return to the City Council with an Ordinance to consider modifying the Coastal Advisory Committee meeting schedule from bi-monthly to monthly meetings; and
WHEREAS, the City Council determined that monthly meetings of the Coastal Advisory Committee could enhance performance and improve efficiency related to coastal issues that the City is currently facing and is in the best interests of the City and the public.

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

Section 1: Section 2.29.040 of the San Clemente Municipal Code is hereby modified to read in its entirety as set forth as follows (underlines are additions and strikeouts are deletions):

2.29.040 - Meetings - Attendance.

The Coastal Advisory Committee shall hold meetings bi-monthly (every two months) monthly in accordance with the rules of procedure to be enacted and recorded in a book of official proceedings. The location, dates, time and organization of Coastal Advisory Committee meetings shall be established by resolution of the Coastal Advisory Committee.

Any member of the Coastal Advisory Committee who is absent from three (3) consecutive regular meetings of the Coastal Advisory Committee, without furnishing to the City Clerk a certificate of illness from a duly practicing physician, or without the authorization of the Coastal Advisory Committee to be absent from three (3) consecutive regular meetings for good cause, shall, as a result, surrender his or her office on the Coastal Advisory Committee and the office shall be considered vacant.

Section 2: If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such 4 Ordinance No. 1774 Page 2
decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.

Section 3. This Ordinance shall become effective on April 4, 2024.

Section 4. The City Clerk shall certify to the adoption of this ordinance and cause it, or a summary thereof, to be published once within fifteen (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.

APPROVED AND ADOPTED this _____day of _________________, ________.

ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of
San Clemente, California San Clemente, California
5 Ordinance No. 1774 Page 3

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. 1774, 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 _____________, _______. This ordinance has been published pursuant to law and 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
6 910 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: February 20, 2024 Agenda Item: 9D
Submitted By: City Manager
Subject:
..titl e

DIRECTION FROM THE CITY COUNCIL IN THE CREATION OF THE COASTAL ADVISORY COMMITTEE 2024 WORK PLAN
..body
Fiscal Impact:

There is no direct fiscal impact associated with the creation of the work plan. However, implementation, including consultant fees and staff time, will result in project costs.

Summary:

Pursuant to City Council direction, the newly formed Coastal Advisory Committee held its first meeting on January 18, 2024. The Committee engaged in a collaborative effort to discuss and forward general topics of interest for consideration by the City Council in establishing the 2024 Work Plan for the Coastal Advisory Committee. At the meeting, the Committee identified several potential subject areas for consideration by the City Council which is included as Attachment 1.

Staff is seeking direction from the City Council on the items listed on the outline. If the City Council is able to direct staff to include, modify add, or delete the subject areas, staff will be able to create a final Work Plan for consideration by the City Council.

Background:

On July 18, 2023, the City Council adopted Ordinance No. 1753 creating a five-member Coastal Advisory Committee. On December 5, 2023, the City Council adopted Ordinance No. 1768 expanding the Coastal Advisory Committee from a five-member committee to a seven-member committee.

Pursuant to San Clemente Municipal Code Chapter 2.29.015 (included as Attachment 1), the mission of the Coastal Advisory Committee is to:
…enhance the preservation and replacement of sand on City beaches, and where necessary, restore the quality of the coastal water resources and ensure proper and efficient use of the beaches, surf zone and coastal area for the benefit of present and future generations. The Committee shall strive to raise public awareness in promoting a positive environmental stewardship for the greater good of the San Clemente area.

The Committee shall advise the City Council by making recommendations on policy, programs and regulations related to the City's coastal environment and resources.

Additionally, the Committee shall work to raise public awareness and promote a shared environmental vision by facilitating partnerships between State and local departments, community groups and businesses. In carrying out its mission the 1 Meeting Date: February 20, 2024 Agenda Item: 9D

CITY OF SAN CLEMENTE
Committee shall promote forward-looking solutions regarding coastal resource issues including, but not limited to, air and water quality, pollution prevention, beach and coastal zone preservation, stewardship, solid waste reduction/recycling and sustainability.

Council Options:
 Provide direction to staff that will allow the Coastal Advisory Committee to create a refined 2024 Work Plan for consideration and adoption by the City Council.

Environmental Review/Analysis
Discussion of the contents of a Committee Work Plan is not a “project” pursuant to 2024 State California Environmental Quality Act Guidelines Section 15378.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends the City Council provide direction to staff to provide to the Coastal Advisory Committee that will allow the committee to create the 2024 Work Plan for consideration of adoption by the City Council.
..end
Attachment:

1. Draft Coastal Advisory Committee 2024 Work Plan Outline

2. Draft January 18th Meeting Minutes of the Coastal Advisory Committee Notification:

None.
2 ATTACHMENT 1
COASTAL ADVISORY COMMITTEE 2024 DRAFT WORK PLAN OUTLINE 1) Get Sand
a. SANDAG Regional Beach Sand Project III
b. "Sand via Rail" pilot project (North Beach, State Beach) c. SCOUP permit
d. OCTA Phase I Track Stabilization Study (Metrolink, LOSSAN and Caltrans) e. Study for new sand sources
f. Federal project oversight and advice
g. Explore Strategies to Pay for Sand and Retention Structures 1) Research grant opportunities
2) Research other funding opportunities (tax or fee)
3) Research public / private partnership PPP
2) Keep Sand
a. Nature Based Solutions Study
b. Other studies (literature search and field observations of natural features) and Request for Information from engineering firms
c. San Clemente Regional Shoreline Monitoring Program and potential extension and potential to switch to satellite imagery. 3) Water Quality
a. Poche Beach
b. Other storm drains: field observations, sampling, prioritize c. Request presentation by City Water Quality Staff
d. Solid waste reduction/recycling
4) Collaborate with others
a. Beaches Parks & Recreation Commission. (Committee will monitor their agendas and Committee Member will attend as needed)
b. SANDAG Shoreline Preservation Working Group
c. OCTA Phase I Track Stabilization Study Stakeholders Group d. State Parks
e. Orange County Coastal Resilience Task Force (Katrina Foley group) f. California Coastal Commission
g. Interface with experts on coastal issues
h. Other municipalities to understand how they deal with sand i. Surfing groups to understand how to protect our surfing resources 3 ATTACHMENT 2

CITY OF SAN CLEMENTE

MINUTES OF THE SPECIAL MEETING OF THE

COASTAL ADVISORY COMMITTEE
JANUARY 18, 2024

1. CALL TO ORDER/ROLL CALL
Coastal Administrator Meyerhoff called the Special Meeting of the City of San Clemente Coastal Advisory Committee to order on January 18, 2024, at 4:00 p.m. The meeting was held at San Clemente City Hall, Second Floor Council Chambers, located at 910 Calle Negocio, San Clemente, California.

Committee
Members Present: Members Susan Ambrose, John Dolegowski (arrived at 4:04 p.m.), John Dow, Brian Jacobs (left at 4:45 p.m.), Matthew Schmitt, Aaron Washington, and Suzie Whitelaw
Staff Present: Coastal Administrator Leslea Meyerhoff
City Attorney Elizabeth Mitchell
Management Analyst II Janet Batchelor
Chris Johnson, Senior Planner
Niki Beach, Environmental Programs Analyst
Jacob Ohana, Senior Engineer

2. PLEDGE OF ALLEGIENCE
The Pledge was led by Member Washington.

3. APPROVAL OF MINUTES
None.

4. SPECIAL OR PUBLIC PRESENTATION
Welcome and presentation on the role of the advisory committees to the City Council by City Manager Andy Hall. Presentation by City Attorney Elizabeth Mitchell on new committee member training.

Mayor Cabral welcomed the Committee Members and thanked them for their participation.

City Attorney Mitchell provided an overview of the role of Committee Members; local laws applicable to the Committee Members; functions and duties; requirements for filing Statement of Economic Interests (Form 700); and Conflict of Interest, Brown Act, Public Records Act, and Ethics Training regulations.
4

Minutes of the Special Meeting of the Coastal Advisory Committee of January 18, 2024 In response to Committee questions, City Attorney Mitchell explained means of Committee Members attending other agency meetings; and attending meetings that might cover the Committee’s subject matter jurisdiction.

5. ORAL AND WRITTEN COMMUNICATION
George Gregory discussed beach erosion and presented ideas for sand replenishment. He expressed frustration with his prior efforts to address the matter.

He offered his boat and services to assist in building a harbor.

Amanda Quintanilla reminded the community about the Grunions and urged mindfulness of the impact of sand replenishment. She congratulated the Committee.

Don Brown discussed his prior involvement on the Coastal Advisory Committee and Planning Commission and wished the Committee well. He discussed topics before the Committee and encouraged the members to prepare for the meetings.

Ruth Martin questioned why sand replenishment north of North Beach was not being addressed and the delineation between the Coastal Advisory Commission and Beaches, Parks and Recreation Commission. She asked if there was a conflict of Committee Members serving on Save Our Beaches. She congratulated the members.

6. UNFINISHED BUSINESS AND UPDATES
None.

7. NEW BUSINESS
A. Welcome and Introductions of the Committee and Staff The Committee Members and Staff introduced themselves and provided an overview of their backgrounds and experience.

B. Nomination and Selection of Coastal Advisory Committee Chair and ViceChair Ruth Martin recommended considerations for selecting a Chair and Vice Chair and suggested Susan Ambrose be selected as Chair.

Amanda Quintanilla suggested Aaron Washington be selected as Chair and Susan Ambrose as Vice Chair. She asked if there was a conflict between the Committee and Save Our Beaches.

The Committee accepted nominations for Chair.
5

Minutes of the Special Meeting of the Coastal Advisory Committee of January 18, 2024 Member Washington nominated himself to serve as Chair.

Member Dow nominated Brian Jacobs to serve as Chair.

Member Ambrose nominated herself to serve as Chair.

A roll call vote for Member Washington to serve as Chair was conducted and failed 3-4, Members Ambrose, Dolegowski, Dow and Whitelaw dissenting.

A roll call vote for Member Jacobs to serve as Chair was conducted and carried 4- 3, Members Ambrose, Dolegowski, and Schmitt dissenting.

The Committee accepted nominations for Vice Chair.

Member Jacobs nominated Member Washington to serve as Vice Chair.

Member Washington nominated himself to serve as Vice Chair.

Member Ambrose nominated herself to serve as Vice Chair.

A roll-call vote for Aaron Washington to serve as Vice Chair was conducted and carried 5-2, Members Ambrose and Dolegowski dissenting.

C. Consideration of Establishing 2024 Meeting Schedule
The suggested dates for the 2024 meeting schedule of the Coastal Advisory Committee are the third Thursday every other month beginning in January 2024.

Vice Chair Washington suggested the Committee meet monthly. City Attorney Mitchell referenced the Municipal Code section indicating the Committee would meet every other month.

CONSENSUS
By consensus, the Committee directed staff to inform the Council of the Committee’s desire to meet monthly and encouraged each Member to reach out to the Council as well.

MOTION
Vice Chair Washington moved and Member Ambrose seconded a motion to direct staff to bring back a resolution adopting the Committee calendar. The question was called and the motion carried unanimously.

D. Collaborative Brainstorming and Discussion of General Topics for City Council Consideration in Connection with the City Council Setting the Coastal Advisory Committee Work Plan for 2024
6

Minutes of the Special Meeting of the Coastal Advisory Committee of January 18, 2024 Member Whitelaw presented her proposed workplan.

Chair Jacobs left the meeting at 4:45 p.m.

The Committee discussed whether landslide issues were within its purview; acquisition of sand; importance of having a presence with other agencies; Committee assistance to staff on projects and involvement with other agencies; need to formulate strategies to coordinate with the Coastal Commission and OCTA; request for information on how to retain sand; and data collection.

In response to Committee questions, Coastal Administrator Meyerhoff discussed Staffs’ involvement in working with other agencies, including the OCTA and the Coastal Commission; stakeholder involvement; guest speakers to address the Committee; and shoreline protection monitoring program.

Environmental Programs Analyst Beech explained the collaboration between water quality and solid waste staff efforts.

Member Whitelaw proposed agendizing establishment of subcommittees at the next Coastal Advisory Committee meeting. Member Ambrose seconded the proposal.

MOTION
Vice Chair Washington moved and Committee Member Schmitt seconded a motion to recommend the City Council consider the draft proposed work plan as follows:

1. Get Sand
a. SANDAG (Regional Beach Sand Project III
b. "Sand via Rail" pilot project (North Beach, State Beach) c. SCOUP permit
d. OCTA Phase I Track Stabilization Study (Metrolink, LOSSAN and Caltrans)
e. Study for new sand sources
f. Federal project oversight and advice
g. Pay for Sand and Retention Structures
1). Research grant opportunities
2). Research other funding opportunities (tax or fee)
3). Research public / private partnership PPP

2. Keep Sand
a. Nature Based Solutions Study
b. Other studies (literature search and field observations of natural features)and Request for Information from engineering firms c. San Clemente Regional Shoreline Monitoring Program and potential extension and potential to switch to satellite imagery
7

Minutes of the Special Meeting of the Coastal Advisory Committee of January 18, 2024

3. Water Quality
a. Poche Beach
b. Other storm drains: field observations, sampling, prioritize c. Request presentation by Water Quality staff
d. Solid waste reduction/recycling

4. Collaborate with others
a. Beaches, Parks & Recreation Commission (We will monitor their agendas and Committee Member will attend as needed)
b. SANDAG Shoreline Preservation Working Group
c. OCTA Phase I Track Stabilization Study Stakeholders Group d. State Parks
e. Orange County Coastal Resilience Task Force (Katrina Foley group) f California Coastal Commission
g. Interface with experts on coastal issues
h. Other municipalities to understand how they deal with sand i. Surfing groups to understand how to protect our surfing resources The motion carried 6-0, Chair Jacobs absent.

8. COMMUNICATIONS FROM COMMITTEE MEMBERS AND STAFF
Member Ambrose congratulated the new officers.

ADJOURNMENT

VICE CHAIR WASHINGTON MOVED AND MEMBER SCHMITT SECONDED A MOTION TO ADJOURN THE MEETING AT 6:55 P.M. TO THE SPECIAL COASTAL ADVISORY COMMITTEE MEETING TO BE HELD ON JANUARY 22, 2024, AT 3:00 P.M. AT SAN CLEMENTE CITY HALL, SECOND FLOOR COUNCIL CHAMBERS, LOCATED AT 910 CALLE NEGOCIO, SAN CLEMENTE, CALIFORNIA. THE MOTION CARRIED 6-0, CHAIR JACOBS ABSENT.

Respectfully submitted,
______________________________
Brian Jacobs, Chair
Attest: ______________________________
Leslea Meyerhoff, Coastal Administrator
8 910 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: February 20, 2024 Agenda Item: 9E
Submitted By: Finance and Administrative Services
Subject:
..titl e

CONSIDERATION OF A RESOLUTION APPROVING CLASSIFICATION CHANGES SUPPORTING CITY MANAGER ..body OPERATIONS AND CITY ADMINISTRATION AND REVISED SALARY SCHEDULE Fiscal Impact:

There is no fiscal impact associated with the adoption of the Resolution; salaries for full-time positions allocated to the City Manager’s Department and Finance & Administrative Services Department are included in the current budget.

Summary:

A resolution is presented to the City Council adopting classification changes to address vacancies in current positions that provide support to the City Manager in the management of City operations and administration. The changes provide the City Manager with the opportunity to develop existing staff in leadership roles and address the need for a person to manage the communication of public information disseminated from the City Manager’s office. Job descriptions are included as Attachment 2 to this report and a revised salary schedule is included with the proposed resolution for City Council consideration with a recommended effective date of February 21, 2024.

Discussion:

Currently, two vacancies in allocated positions exist which provide highly responsible administrative support services to the City Manager in City administration, implementation of City Council policy, and community relations. A review of City Manager priorities and departmental needs relating to staffing identified opportunities to develop current staff and immediately address the need for executive level management in the administrative operations of the City. With the vacancy of the Chief Administrative Officer, a revised position of Administrative Services Director will provide the necessary leadership in management of City administration and technical expertise for the City Manager.

Additionally, the City Manager’s office needs staff to provide analytical duties and participate in special projects, and an individual to provide coordination of public information disseminated from the City Manager. Reclassification of the Executive Assistant to Executive Analyst increases the responsibility level to provide analytical duties to support the City Manager. A new classification of Public Information Coordinator will address the need to have a designated staff person responsible for the coordination of public information dissemination and contribute in providing timely and accurate information on the City’s website and social media platforms. 1 Meeting Date: February 20, 2024 Agenda Item: 9E

CITY OF SAN CLEMENTE
The classification changes recommended by the resolution before the City Council are supported by the City Manager and provide the staffing needed to enhance the overall operational needs of the City. The proposed changes do not add additional staff to the full-time (FTE) count and do not impact salary costs.

Council Options:
 Adopt the Resolution approving the classification changes and revised salary schedule effective February 21, 2024.
 Modify and adopt the Resolution.
 Continue the item with direction given to staff.
 Deny the Resolution and take no action.

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

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt the Resolution to approve the classification changes and revised salary schedule.
..end
Attachments:

1. Resolution No. 24-22

2. Benefitted Salary Schedule

3. Job Descriptions: Administrative Services Director, Executive Analyst, and Public Information Coordinator
2 ATTACHMENT 1
RESOLUTION NO. 24-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ADOPTING REVISED

SALARY SCHEDULE AND NEW CLASSIFICATIONS 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 City Council is authorized and directed under the provisions of its adopted Personnel Rules and Regulations to prepare the compensation schedules covering all classes of positions in the competitive service; and WHEREAS, a review of the operational needs and required staffing within the City Manager’s office has been undertaken; and
WHEREAS, certain changes to benefited classifications are recommended and the City Council desires to implement those 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 classification changes:
 Create the classification of Administrative Services Director at range 86, designate the position as a Department Head, and approve the job description as presented to the City Council on February 20, 2024.
 Reclassify the Executive Assistant (1FTE) to Executive Analyst (1 FTE) at range 55 and approve the job description as presented to the City Council on February 20, 2024.
 Retitle the Public Information Officer classification to Public Information Coordinator at range 55, designate the position as confidential, and approve the job description as presented to the City Council on February 20, 2024.

Section 3. The amended and restated Benefited Employees salary schedule presented to the City Council on February 20, 2024 is hereby approved effective February 21, 2024.
3 Resolution No. 24-22 Page 2
Section 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
4 Resolution No. 24-22 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. 24-22 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
5 City of San Clemente (C) Confidential
Salary Schedule - Benefited Positions (E) Executive

2.5% Between Ranges, 5.0% Between Steps (M) Mid-Management Adopted 2/20/2024; Effective 2/21/2024 (NC) Non-Confidential Revision Date: 2/20/24
Range Pay Entry Maximum
Number Title Period Step A Step B Step C Step D Step E
20 Golf Course Groundskeeper I Hourly $17.37 $18.24 $19.16 $20.11 $21.12 Monthly $3,011.54 $3,162.11 $3,320.22 $3,486.23 $3,660.54 21 Hourly $17.80 $18.69 $19.62 $20.60 $21.63
Monthly $3,084.99 $3,239.24 $3,401.20 $3,571.26 $3,749.82 22 Hourly $18.24 $19.16 $20.11 $21.12 $22.17
Monthly $3,162.11 $3,320.22 $3,486.23 $3,660.54 $3,843.57 23 Hourly $18.69 $19.62 $20.60 $21.63 $22.72
Monthly $3,239.24 $3,401.20 $3,571.26 $3,749.82 $3,937.31 24 Golf Course Groundskeeper II Hourly $19.16 $20.11 $21.12 $22.17 $23.28 Monthly $3,320.22 $3,486.23 $3,660.54 $3,843.57 $4,035.75 25 Hourly $19.62 $20.60 $21.63 $22.72 $23.85
Monthly $3,401.20 $3,571.26 $3,749.82 $3,937.31 $4,134.18 26 Hourly $20.11 $21.12 $22.17 $23.28 $24.45
Monthly $3,486.23 $3,660.54 $3,843.57 $4,035.75 $4,237.53 27 Hourly $20.60 $21.63 $22.72 $23.85 $25.04
Monthly $3,571.26 $3,749.82 $3,937.31 $4,134.18 $4,340.89 28 Hourly $21.12 $22.17 $23.28 $24.45 $25.67
Monthly $3,660.54 $3,843.57 $4,035.75 $4,237.53 $4,449.41 29 Customer Service Specialist I Hourly $21.63 $22.72 $23.85 $25.04 $26.30 Office Specialist I Monthly $3,749.82 $3,937.31 $4,134.18 $4,340.89 $4,557.93 30 Hourly $22.17 $23.28 $24.45 $25.67 $26.95
Monthly $3,843.57 $4,035.75 $4,237.53 $4,449.41 $4,671.88 31 Hourly $22.72 $23.85 $25.04 $26.30 $27.61
Monthly $3,937.31 $4,134.18 $4,340.89 $4,557.93 $4,785.83 32 Hourly $23.28 $24.45 $25.67 $26.95 $28.30
Monthly $4,035.75 $4,237.53 $4,449.41 $4,671.88 $4,905.47 33 Recreation Specialist Hourly $23.85 $25.04 $26.30 $27.61 $28.99 Senior Park Ranger Monthly $4,134.18 $4,340.89 $4,557.93 $4,785.83 $5,025.12 34 Hourly $24.45 $25.67 $26.95 $28.30 $29.72
Monthly $4,237.53 $4,449.41 $4,671.88 $4,905.47 $5,150.75

6 City of San Clemente (C) Confidential
Salary Schedule - Benefited Positions (E) Executive

2.5% Between Ranges, 5.0% Between Steps (M) Mid-Management Adopted 2/20/2024; Effective 2/21/2024 (NC) Non-Confidential Revision Date: 2/20/24
Range Pay Entry Maximum
Number Title Period Step A Step B Step C Step D Step E
35 Customer Service Specialist II Hourly $25.04 $26.30 $27.61 $28.99 $30.44 Office Specialist II Monthly $4,340.89 $4,557.93 $4,785.83 $5,025.12 $5,276.38 36 Hourly $25.67 $26.95 $28.30 $29.72 $31.20
Monthly $4,449.41 $4,671.88 $4,905.47 $5,150.75 $5,408.29 37 Accounting Specialist I Hourly $26.30 $27.61 $28.99 $30.44 $31.96 Golf Course Maintenance Worker Monthly $4,557.93 $4,785.83 $5,025.12 $5,276.38 $5,540.19 Maintenance Worker I
Senior Customer Service Specialist
Senior Office Specialist
Utility Billing Specialist I
38 Hourly $26.95 $28.30 $29.72 $31.20 $32.76
Monthly $4,671.88 $4,905.47 $5,150.75 $5,408.29 $5,678.70 39 Hourly $27.61 $28.99 $30.44 $31.96 $33.56
Monthly $4,785.83 $5,025.12 $5,276.38 $5,540.19 $5,817.20 40 Facilities Maintenance Technician Hourly $28.30 $29.72 $31.20 $32.76 $34.40 Maintenance Worker II Monthly $4,905.47 $5,150.75 $5,408.29 $5,678.70 $5,962.63 41 Accounting Specialist II Hourly $28.99 $30.44 $31.96 $33.56 $35.24 Business License Specialist Monthly $5,025.12 $5,276.38 $5,540.19 $5,817.20 $6,108.06 Utility Billing Specialist II
42 Administrative Assistant Hourly $29.72 $31.20 $32.76 $34.40 $36.12 Park Ranger Supervisor Monthly $5,150.75 $5,408.29 $5,678.70 $5,962.63 $6,260.77 43 Electrician I Hourly $30.44 $31.96 $33.56 $35.24 $37.00 Golf Course Maintenance Leadworker Monthly $5,276.38 $5,540.19 $5,817.20 $6,108.06 $6,413.47 Permit Technician
44 Code Compliance Technician Hourly $31.20 $32.76 $34.40 $36.12 $37.93 Utility Billing Coordinator Monthly $5,408.29 $5,678.70 $5,962.63 $6,260.77 $6,573.80 45 Facilities Maintenance Specialist I Hourly $31.96 $33.56 $35.24 $37.00 $38.85 Golf Course Mechanic Monthly $5,540.19 $5,817.20 $6,108.06 $6,413.47 $6,734.14 Maintenance Leadworker
Planning Technician
Recreation Coordinator
Senior Accounting Specialist

7 City of San Clemente (C) Confidential
Salary Schedule - Benefited Positions (E) Executive

2.5% Between Ranges, 5.0% Between Steps (M) Mid-Management Adopted 2/20/2024; Effective 2/21/2024 (NC) Non-Confidential Revision Date: 2/20/24
Range Pay Entry Maximum
Number Title Period Step A Step B Step C Step D Step E
46 Human Resources Specialist (C) Hourly $32.76 $34.40 $36.12 $37.93 $39.82 Maintenance Contract Inspector Monthly $5,678.70 $5,962.63 $6,260.77 $6,573.80 $6,902.49 47 Community Outreach Worker Hourly $33.56 $35.24 $37.00 $38.85 $40.79 Collection Systems Operator I Monthly $5,817.20 $6,108.06 $6,413.47 $6,734.14 $7,070.85 Contract Maintenance Coordinator
Distribution Operator I
Environmental Services Coordinator
Facilities Maintenance Specialist II
Senior Administrative Assistant (NC)
Utilities Mechanic I
48 Engineering Technician Hourly $34.40 $36.12 $37.93 $39.82 $41.81 Records Management Coordinator Monthly $5,962.63 $6,260.77 $6,573.80 $6,902.49 $7,247.62 Senior Permit Technician
49 Code Compliance Officer Hourly $35.24 $37.00 $38.85 $40.79 $42.83 Electrician II Monthly $6,108.06 $6,413.47 $6,734.14 $7,070.85 $7,424.39 Senior Administrative Assistant (C)
50 Assistant Planner Hourly $36.12 $37.93 $39.82 $41.81 $43.90 Collection Systems Operator II Monthly $6,260.77 $6,573.80 $6,902.49 $7,247.62 $7,610.00 Distribution Operator II
Electrical Instrumentation Technician I
Utilities Mechanic II
Senior Facilities Maintenance Specialist
51 Building Inspector I Hourly $37.00 $38.85 $40.79 $42.83 $44.97 Monthly $6,413.47 $6,734.14 $7,070.85 $7,424.39 $7,795.61 52 Information Technology Analyst I Hourly $37.93 $39.82 $41.81 $43.90 $46.10 Marine Safety Officer Monthly $6,573.80 $6,902.49 $7,247.62 $7,610.00 $7,990.50 Recreation Supervisor
Senior Engineering Technician
53 Construction Inspector Hourly $38.85 $40.79 $42.83 $44.97 $47.22 Deputy City Clerk Monthly $6,734.14 $7,070.85 $7,424.39 $7,795.61 $8,185.39 54 Electrical Coordinator Hourly $39.82 $41.81 $43.90 $46.10 $48.40 Facilities Maintenance Coordinator Monthly $6,902.49 $7,247.62 $7,610.00 $7,990.50 $8,390.03 Human Resources Analyst I (C)
Lead Operator
Maintenance Inspection Coordinator

8 City of San Clemente (C) Confidential
Salary Schedule - Benefited Positions (E) Executive

2.5% Between Ranges, 5.0% Between Steps (M) Mid-Management Adopted 2/20/2024; Effective 2/21/2024 (NC) Non-Confidential Revision Date: 2/20/24
Range Pay Entry Maximum
Number Title Period Step A Step B Step C Step D Step E
55 Accountant Hourly $40.79 $42.83 $44.97 $47.22 $49.58 Aquatics Supervisor Monthly $7,070.85 $7,424.39 $7,795.61 $8,185.39 $8,594.66 Associate Planner I
Building Inspector II
Electrical Instrumentation Technician II
Executive Analyst (C)
Management Analyst I
Public Information Coordinator (C)
Regulatory Compliance Analyst
System Operator
Water Conservation Analyst
56 Revenue Supervisor Hourly $41.81 $43.90 $46.10 $48.40 $50.82 Senior Code Compliance Officer Monthly $7,247.62 $7,610.00 $7,990.50 $8,390.03 $8,809.53 57 Associate Planner II Hourly $42.83 $44.97 $47.22 $49.58 $52.06 GIS Coordinator Monthly $7,424.39 $7,795.61 $8,185.39 $8,594.66 $9,024.39 Information Technology Analyst II
Plant Operator III
Systems Applications Analyst
58 Lead Electrical Instrumentation Technician Hourly $43.90 $46.10 $48.40 $50.82 $53.37 Marine Safety Lieutenant Monthly $7,610.00 $7,990.50 $8,390.03 $8,809.53 $9,250.00 Plans Examiner I
59 Economic Development Officer (M) Hourly $44.97 $47.22 $49.58 $52.06 $54.67 Environmental Programs Analyst (M) Monthly $7,795.61 $8,185.39 $8,594.66 $9,024.39 $9,475.61 Human Resources Analyst II (C)
Lead Project Planner
Management Analyst II
Senior Construction Inspector
60 CMMS Coordinator Hourly $46.10 $48.40 $50.82 $53.37 $56.03 Monthly $7,990.50 $8,390.03 $8,809.53 $9,250.00 $9,712.50 61 Chief Operator Hourly $47.22 $49.58 $52.06 $54.67 $57.40 Chief Operator Water Reclamation Monthly $8,185.39 $8,594.66 $9,024.39 $9,475.61 $9,949.39 Chief Operator Water Systems
Laboratory Coordinator
Senior Building Inspector
Senior IT Analyst
Utilities Chief Mechanic

9 City of San Clemente (C) Confidential
Salary Schedule - Benefited Positions (E) Executive

2.5% Between Ranges, 5.0% Between Steps (M) Mid-Management Adopted 2/20/2024; Effective 2/21/2024 (NC) Non-Confidential Revision Date: 2/20/24
Range Pay Entry Maximum
Number Title Period Step A Step B Step C Step D Step E
62 Assistant Engineer Hourly $48.40 $50.82 $53.37 $56.03 $58.84 Golf Course Manager (M) Monthly $8,390.03 $8,809.53 $9,250.00 $9,712.50 $10,198.13 Maintenance Operations Supervisor (M)
Plans Examiner II
SCADA Specialist
Senior Planner (M)
63 Senior Management Analyst Hourly $49.58 $52.06 $54.67 $57.40 $60.27 Monthly $8,594.66 $9,024.39 $9,475.61 $9,949.39 $10,446.86 64 Accounting Supervisor (M) Hourly $50.82 $53.37 $56.03 $58.84 $61.78 Associate Civil Engineer (M) Monthly $8,809.53 $9,250.00 $9,712.50 $10,198.13 $10,708.03 65 Hourly $52.06 $54.67 $57.40 $60.27 $63.28
Monthly $9,024.39 $9,475.61 $9,949.39 $10,446.86 $10,969.21 66 Code Compliance Manager (M) Hourly $53.37 $56.03 $58.84 $61.78 $64.87 Marine Safety Captain (M) Monthly $9,250.00 $9,712.50 $10,198.13 $10,708.03 $11,243.44 Senior Plans Examiner (M)
67 Principal Management Analyst (M) Hourly $54.67 $57.40 $60.27 $63.28 $66.45 Risk Management/Human Resources Officer (M) Monthly $9,475.61 $9,949.39 $10,446.86 $10,969.21 $11,517.67 68 Coastal Administrator (M) Hourly $56.03 $58.84 $61.78 $64.87 $68.11 Principal Planner (M) Monthly $9,712.50 $10,198.13 $10,708.03 $11,243.44 $11,805.61 Recreation Manager (M)
Senior Civil Engineer (M)
69 Hourly $57.40 $60.27 $63.28 $66.45 $69.77
Monthly $9,949.39 $10,446.86 $10,969.21 $11,517.67 $12,093.55 70 Hourly $58.84 $61.78 $64.87 $68.11 $71.51
Monthly $10,198.13 $10,708.03 $11,243.44 $11,805.61 $12,395.89 71 Marine Safety Chief (M) Hourly $60.27 $63.28 $66.45 $69.77 $73.26 Monthly $10,446.86 $10,969.21 $11,517.67 $12,093.55 $12,698.23 72 Legislative Administrator (M) Hourly $61.78 $64.87 $68.11 $71.51 $75.09 Maintenance Manager (M) Monthly $10,708.03 $11,243.44 $11,805.61 $12,395.89 $13,015.68 Utilities Superintendent Water Operations (M)
Utilities Superintendent Collections & Maint (M)
Utilities Superintendent Environmental Ops (M)
73 Principal Civil Engineer (M) Hourly $63.28 $66.45 $69.77 $73.26 $76.92 Monthly $10,969.21 $11,517.67 $12,093.55 $12,698.23 $13,333.14

10 City of San Clemente (C) Confidential
Salary Schedule - Benefited Positions (E) Executive

2.5% Between Ranges, 5.0% Between Steps (M) Mid-Management Adopted 2/20/2024; Effective 2/21/2024 (NC) Non-Confidential Revision Date: 2/20/24
Range Pay Entry Maximum
Number Title Period Step A Step B Step C Step D Step E
74 Hourly $64.87 $68.11 $71.51 $75.09 $78.85
Monthly $11,243.44 $11,805.61 $12,395.89 $13,015.68 $13,666.47 75 Assistant City Engineer (M) Hourly $66.45 $69.77 $73.26 $76.92 $80.77 Building Official (M) Monthly $11,517.67 $12,093.55 $12,698.23 $13,333.14 $13,999.80 City Planner (M)
Information Technology Manager (M)
76 Hourly $68.11 $71.51 $75.09 $78.85 $82.79
Monthly $11,805.61 $12,395.89 $13,015.68 $13,666.47 $14,349.79 77 Deputy Community Development Director (M) Hourly $69.77 $73.26 $76.92 $80.77 $84.81 Finance Manager (M) Monthly $12,093.55 $12,698.23 $13,333.14 $13,999.80 $14,699.79 Human Resources Manager (M)
78 Hourly $71.51 $75.09 $78.85 $82.79 $86.93
Monthly $12,395.89 $13,015.68 $13,666.47 $14,349.79 $15,067.28 79 Deputy Public Works Director (M) Hourly $73.26 $76.92 $80.77 $84.81 $89.05 Utilities Manager (M) Monthly $12,698.23 $13,333.14 $13,999.80 $14,699.79 $15,434.78 80 Hourly $75.09 $78.85 $82.79 $86.93 $91.27
Monthly $13,015.68 $13,666.47 $14,349.79 $15,067.28 $15,820.64 81 Hourly $76.92 $80.77 $84.81 $89.05 $93.50
Monthly $13,333.14 $13,999.80 $14,699.79 $15,434.78 $16,206.51 82 Hourly $78.85 $82.79 $86.93 $91.27 $95.84
Monthly $13,666.47 $14,349.79 $15,067.28 $15,820.64 $16,611.68 83 Beaches Parks and Recreation Director (E) Hourly $80.77 $84.81 $89.05 $93.50 $98.17 Monthly $13,999.80 $14,699.79 $15,434.78 $16,206.51 $17,016.84 84 Hourly $82.79 $86.93 $91.27 $95.84 $100.63
Monthly $14,349.79 $15,067.28 $15,820.64 $16,611.68 $17,442.26 85 Hourly $84.81 $89.05 $93.50 $98.17 $103.08
Monthly $14,699.79 $15,434.78 $16,206.51 $17,016.84 $17,867.68 86 Administrative Services Director (E) Hourly $86.93 $91.27 $95.84 $100.63 $105.66 Community Development Director (E) Monthly $15,067.28 $15,820.64 $16,611.68 $17,442.26 $18,314.37 87 Hourly $89.05 $93.50 $98.17 $103.08 $108.24
Monthly $15,434.78 $16,206.51 $17,016.84 $17,867.68 $18,761.07

11 City of San Clemente (C) Confidential
Salary Schedule - Benefited Positions (E) Executive

2.5% Between Ranges, 5.0% Between Steps (M) Mid-Management Adopted 2/20/2024; Effective 2/21/2024 (NC) Non-Confidential Revision Date: 2/20/24
Range Pay Entry Maximum
Number Title Period Step A Step B Step C Step D Step E
88 Public Works Director / City Engineer (E) Hourly $91.27 $95.84 $100.63 $105.66 $110.94 Monthly $15,820.64 $16,611.68 $17,442.26 $18,314.37 $19,230.09 89 Hourly $93.50 $98.17 $103.08 $108.24 $113.65
Monthly $16,206.51 $17,016.84 $17,867.68 $18,761.07 $19,699.12 90 Hourly $95.84 $100.63 $105.66 $110.94 $116.49
Monthly $16,611.68 $17,442.26 $18,314.37 $19,230.09 $20,191.60 91 Hourly $98.17 $103.08 $108.24 $113.65 $119.33
Monthly $17,016.84 $17,867.68 $18,761.07 $19,699.12 $20,684.07 92 Chief Adminstrative Officer/ACM(E) Hourly $100.63 $105.66 $110.94 $116.49 $122.31 Monthly $17,442.26 $18,314.37 $19,230.09 $20,191.60 $21,201.18 93 Hourly $103.08 $108.24 $113.65 $119.33 $125.30
Monthly $17,867.68 $18,761.07 $19,699.12 $20,684.07 $21,718.28 94 Hourly $105.66 $110.94 $116.49 $122.31 $128.43
Monthly $18,314.37 $19,230.09 $20,191.60 $21,201.18 $22,261.24 95 Hourly $108.24 $113.65 $119.33 $125.30 $131.56
Monthly $18,761.07 $19,699.12 $20,684.07 $21,718.28 $22,804.19 96 Hourly $110.94 $116.49 $122.31 $128.43 $134.85
Monthly $19,230.09 $20,191.60 $21,201.18 $22,261.24 $23,374.30 97 Hourly $113.65 $119.33 $125.30 $131.56 $138.14
Monthly $19,699.12 $20,684.07 $21,718.28 $22,804.19 $23,944.40 98 Hourly $116.49 $122.31 $128.43 $134.85 $141.59
Monthly $20,191.60 $21,201.18 $22,261.24 $23,374.30 $24,543.01 99 City Manager (E) Hourly $119.33 $125.30 $131.56 $138.14 $145.05 Monthly $20,684.07 $21,718.28 $22,804.19 $23,944.40 $25,141.62 100 Hourly $122.31 $128.43 $134.85 $141.59 $148.67
Monthly $21,201.18 $22,261.24 $23,374.30 $24,543.01 $25,770.16

12 Salary Group: Executive Page 1 of 4
New: 02-02-2024

CITY OF SAN CLEMENTE

ADMINISTRATIVE SERVICES DIRECTOR
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 plan, direct, manage and oversee the activities and operations of the Finance & Administrative Services Department, which includes the Finance, Information Technology, and Human Resources Divisions; to provide leadership in policy development and implementation through facilitating interdepartmental cooperation and the coordination of resources; and to provide highly responsible and complex administrative support and technical expertise for the City Manager.

DISTINGUISHING CHARACTERISTICS
This is an executive level classification allocated only to the Finance & Administrative Services Department.

The Administrative Service Director reports to the City Manager and is responsible for planning, directing, managing, and overseeing the activities and operations the of the Finance & Administrative Services Department. The incumbent exercises direction supervision over management, supervisory, professional, technical, and support staff.

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

Essential Functions
• Assume full management responsibility for all Finance & Administrative Services Department services and activities including human resources/risk management, accounting, purchasing and fleet services, utility billing, budgeting, financial planning, and information technology systems. • Manage the development and implementation of goals, objectives, policies, and priorities for each assigned service area.
• Makes presentations to City Council, commissions, boards, and community organizations and groups regarding operations, goals, and objectives of the Finance & Administrative Services Department.
• Assess and monitor work load, administrative and support systems, and internal reporting relationships; identify opportunities for improvement; direct and implement changes. • Establish, within City policy, appropriate service and staffing levels; monitor and evaluate the efficiency and effectiveness of service delivery methods and procedures; allocate resources accordingly.
• Review and evaluate work methods and procedures; meet with management staff to identify and resolve problems.

ATTACHMENT 2
13 Salary Group: Executive Page 2 of 4
New: 02-02-2024
• Select, train, motivate and evaluate Finance & Administrative Services Department personnel; provide or coordinate staff training; work with employees to correct deficiencies; implement discipline and termination procedures.
• Represent the Finance & Administrative Services Department when meeting with other City departmental staff, elected officials, and representatives from outside agencies; coordinates Finance & Administrative Services Department activities with those of other departments and outside agencies and organizations
• Provides staff assistance to the Mayor, City Manager, and City Council, including providing technical expertise in the areas of Finance, Human Resources, and Information Technology; participates on a variety of boards, commissions, and committees; and prepares and presents staff reports and other necessary correspondence.
• Serve as the City’s chief technology officer.
• Oversee and participate in the development and administration of the City's annual budget including the capital improvement program for all City funds. • Oversee and participate in the development and updating of the City's long term financial plan including forecasts, trend analyses, reserve analyses, and financial analyses for the City. • Serve as the City’s chief labor negotiator.
• Provides staff support to assigned boards and commissions. • Attend and participate in professional group meetings; stay abreast of new trends and innovations in the fields of public finance, human resources, and information technology. • Respond to and resolve difficult and sensitive citizen inquiries and complaints. • Performs related work as required.

QUALIFICATIONS
Knowledge of:

Operations, services and activities of a comprehensive administrative services program including the disciplines of finance, information technology, and human resources.

Management concepts, methods, and techniques used to analyze programs, policies, and operational needs.

Information Technology systems, principles, and best practices.

Human resources practices including labor relations theory and practices, compensation theory and methods.

Public finance theory and procedures including governmental accounting principles and practices.

Principles and practices of program development and administration.

Principles and practices of municipal budget preparation and administration.

Principles of executive level leadership, supervision, training, and performance evaluation.

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

Ability to:
14 Salary Group: Executive Page 3 of 4
New: 02-02-2024
Lead and direct the operations, services and activities of the Finance and Administrative Services Department.

Plan, organize, direct and coordinate the work of assigned personnel.

Select, supervise, train and evaluate assigned personnel.

Delegate authority and responsibility.

Identify and respond to community and City Council issues, concerns and needs.

Develop and administer departmental goals, objectives, directives, policies, and procedures.

Prepare clear and concise administrative and financial reports.

Oversee the preparation and administration of large and complex budgets.

Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals and objectives.

Research, analyze, and evaluate new service delivery methods and techniques.

Interpret and apply Federal, State and local policies, laws and regulations.

Communicate clearly and concisely, both verbally and in writing.

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

Experience and Education/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:

Five years of management level experience with a public sector or governmental agency or organization, which must have included at least three years of supervisory and management experience or at least three years of recent experience administrating a department, division, program or function in a public agency with responsibility for information technology, budget/ financial management or personnel management.

Education/Training:

Possession of a bachelor’s degree from an accredited college or university with major course work in public administration, business administration, political science, or a closely related field is required.

Licenses or Certificates:

Possession of, or ability to obtain, a valid Class C California Driver’s License by the time of appointment.

Special Requirements:

Required to attend and participate in meetings, conferences, or other events that occur during non-business hours, including evenings, weekends, and holidays.

May be required to respond to emergencies, disasters, or other critical incidents.

WORKING CONDITIONS
Work Environment:

The primary work environment takes place indoors within an office environment. Work takes place outdoors in the field on an occasional basis.
15 Salary Group: Executive Page 4 of 4
New: 02-02-2024
Physical Requirements:
• Work is performed in an indoor office environment, requiring extensive sitting, and some standing and walking.
• Moderate lifting, carrying, pushing, and/or pulling of boxes and files. • Stooping, kneeling, crouching, and/or crawling to access files. • Manual dexterity to operate a computer keyboard and other office equipment, handle files and documents.
• Hearing and speaking to exchange information in person or on the telephone. • Visual acuity to see/read documents and computer screen. 16 Salary Group: Confidential Page 1 of 4
New: 02-02-2024

CITY OF SAN CLEMENTE

EXECUTIVE ANALYST
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
Under general direction, to perform a variety of highly responsible, confidential and complex administrative and analytical duties for the City Manager, the City Council, and administrative staff; to oversee assigned administrative processes, procedures and programs; to act as a liaison between the City and outside agencies and the general public; to maintain calendar and schedule meetings and appointments for City Council and City Manager; and to attend meetings and prepare minutes and reports for the City Manager.

DISTINGUISHING CHARACTERISTICS
This classification is distinguished by access to labor relations information and may conduct work in support of the City's labor relations activities or other activities concerning matters related to employer-employee relations and confidential materials and/or information.

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

Essential Functions
• Exercise functional and technical supervision over lower-level administrative support personnel. • Review, research, and summarize a variety of fiscal, statistical, and administrative information; prepare related reports and correspondence; type and proofread a wide variety of complex and confidential reports, letters, memoranda and statistical charts; independently prepare correspondence, or type from rough draft or verbal instructions; may take and transcribe dictation. • Participate in special projects including complex research of new programs and services, budget analysis and preparation, and feasibility analyses; prepare and present reports. • Collect, compile, and analyze complex information from various sources related to assigned programs; prepare reports which present and interpret data, and identify alternatives; ensure compliance with local, State and Federal regulations; make and justify recommendations. • Maintain City Council weekly calendar and individual calendars for City Council members and assigned management staff; schedule meetings and appointments, including staff meetings with the City Attorney.
• Screen visitors and telephone callers; provide public relations, receive, attend to, and monitor followup responses to public complaints; respond to requests for information on regulations, procedures, systems, and precedents relating to assigned responsibilities. • Serve as liaison between the City and outside organizations; assist the City Manager and City Council 17 Salary Group: Confidential Page 2 of 4
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with their roles with outside jurisdictions.
• Assist in coordinating the preparation of Council agendas, reports, and documents; prepare presentation materials for meetings; attend and prepare minutes for a variety of meetings; disseminate information to City staff; maintain records and files.
• Assist in the preparation and administration of assigned budget(s); maintain and monitor appropriate budgeting controls; monitor cash and expenditures; make budgetary projections; prepare various financial reports as required.
• Manage expenditures for the City Manager and City Council annual budget. • Oversee and review the work of administrative support staff; provide information on office procedures and secretarial professional standards; respond to and resolve inquiries. • Research, evaluate, and recommend new equipment and software programs; order, monitor, and maintain office supply inventory; submit budget recommendations for office supplies and equipment. • Make travel arrangements and prepare travel expense reports and other payment requests. • Coordinate with other departments and divisions in the preparation of Council agendas, reports, and other documents.
• Coordinate and attend meetings and special events as assigned. • Coordinate with City Manager and other departments in preparation of internal employee communications as assigned.
• Serve as a back-up to the Public Information Coordinator. • Schedule and coordinate field trips for local schools, groups and organizations to tour City Hall and meet with elected officials.
• Performs related work as required.

QUALIFICATIONS
Knowledge of:

Principles and practices of public administration.

Methods of research, program analysis, and report preparation.

Principles and practices of program development.

Business letter writing and report preparation practices.

Purchasing, filing, and record keeping principles.

Customer service and public relations principles.

Principles of supervision, training and performance evaluation.

Proper English spelling, grammar, and punctuation.

Rules and regulations governing public meetings.

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

Calendar, word processing, spreadsheet, database, and presentation application programs. 18 Salary Group: Confidential Page 3 of 4
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Modern office practices, procedures, methods and equipment.

Basic math and budgeting practices.

Ability to:

Research, analyze, and evaluate programs, policies and procedures.

Prepare clear and concise reports.

Manage multiple calendars for City Council and individuals.

Review, research, and summarize a variety of fiscal, statistical, and administrative information.

Plan, organize, and prioritize calendars, schedules, documents, and related information.

Apply City policies, procedures, laws and regulations relating to assigned activities.

Perform responsible and complex administrative duties involving independent judgment and initiative.

Establish and maintain cooperative working relationships with those contacted in the course of work both internally and with the public.

Understand the organization and operation of the City and of outside agencies as necessary to assume assigned responsibilities.

Independently proofread reports and proofread and prepare correspondence and memoranda.

Operate modern office equipment including computer, telephone, facsimile machine, calculator, and copier.

Communicate clearly and concisely, both orally and in writing.

Maintain diplomacy under sometimes challenging situations.

Understand and follow oral and written instructions.

Maintain confidential records and reports.

Experience and Education/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:

Three years of increasingly responsible administrative, secretarial, and clerical experience including at least one year of complex administrative and analytical experience with an agency, company, or organization.

Education/Training:

Equivalent to a Bachelors degree from an accredited college or university with major course work in public administration, business administration, pubic relations, or related field.

Licenses or Certificates:

Possession of, or ability to obtain, a valid Class C California Driver’s License within 6 months.

Special Requirements:

May be required to work during irregular business hours, such as evenings, weekends, and holidays.

Travel is required when attending meetings or events outside of city limits. 19 Salary Group: Confidential Page 4 of 4
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WORKING CONDITIONS
Work Environment:

The primary work environment takes place indoors within an office. Travel to locations within and outside of the San Clemente area may be required.

Physical Requirements:
• Work is performed in an indoor office environment, requiring extensive sitting or standing for prolonged periods of time
• Work involves occasional walking, reaching, stooping, kneeling, and bending. • Moderate lifting, carrying, pushing, and/or pulling of items of moderate weight. • Manual dexterity to operate a computer keyboard and other office equipment, handle files and documents
• Hearing and speaking to exchange information in person or on the telephone • Visual acuity to see/read documents and computer screen. 20 Salary Group: Confidential Page 1 of 4
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CITY OF SAN CLEMENTE

PUBLIC INFORMATION COORDINATOR
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
Under general supervision, to perform a variety of duties in facilitating pubic information dissemination and communications within the City Manager's Office; to assist in disseminating information to the public through various media, including print, television broadcasting, and the Internet; to provide responsible administrative support in the maintenance of City website content; and to perform a variety of highly responsible, confidential, and complex administrative duties as assigned.

DISTINGUISHING CHARACTERISTICS
This classification is distinguished by access to labor relations information and other information related to employer-employee relations and confidential materials and/or information. Employees in this job class may exercise technical or functional supervision over other departmental staff when leading specific projects.

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

Essential Functions
• Coordinate and / or respond to inquiries and requests for information from the media, governmental agencies, and members of the public; investigate and resolve complaints. • Maintain media contact list; prepare and distribute media kits and other information; arrange news interviews and conferences; and use sound judgment in the release of information. • Develop scripts, special reports, advertisements, publicity, and written communication to support and promote the City and its programs.
• Research and prepare presentations, video, printed materials, online communication, signage, and related community outreach materials.
• Edit, verify, and review materials for completeness, accuracy, and conformity to standards; ensure City-wide communications consistently reflect common themes, messages, and styles. • Provide regular review and updates to City website and social media content to ensure accurate and timely information; coordinate City content on local government access channel. • Research and analyze a variety of management, administrative, program or legislative issues; coordinate with City staff, citizens and others to obtain information; prepare necessary correspondence, charts, tables, and visual aids on findings and recommendations. • Conduct special projects and studies; research, compile and analyze statistical information; compile 21 Salary Group: Confidential Page 2 of 4
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and assemble data for a variety of reports.
• Collaborate with staff in the development, design and content of various City publications and outreach materials; create and disseminate communication and marketing materials. • Create artwork for City publications, banners, brochures, and other promotional materials using a variety of desktop applications.
• Develop and manage City-wide communications programs and projects; keep the public informed of City activities.
• Assist in budget preparation and administration; administer specified contracts or other agreements. • Coordinate, attend, and photograph community and employee meetings and special events as assigned.
• Serve as Public Information Officer for the City’s Emergency Operations Team. • Respond to, and resolve complaints and inquiries from citizens or members of general public. • Facilitate the cooperation of other agencies for joint agency projects (i.e., Orange County Transportation Authority, Caltrans, Capistrano Unified School District, etc.). • Coordinate with City Manager and other departments in preparation of internal employee communications as assigned.
• Provide administrative support for City Commissions or Committees as assigned. • Perform a wide variety of complex, responsible and confidential administrative support duties within the City Manager's Office; and serve as back-up to the Executive Analyst. • Performs related work as required.

QUALIFICATIONS
Knowledge of:

Principles and practices of municipal government, administration and organization.

Principles and practices of public information, media relations and community relations.

Basic practices used in graphic art, website design, video, and photography.

Principles and methods of business correspondence and administrative report preparation.

Organizational and management practices as applied to the analysis, evaluation, development and implementation of programs, policies, and procedures.

Research and reporting methods, techniques and procedures.

Sources of information related to a broad range of municipal programs, services and administration.

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

Communications techniques used to gather, evaluate, and transmit information.

Effective interviewing and public speaking techniques.

Modern office practices and record keeping methods and techniques. 22 Salary Group: Confidential Page 3 of 4
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Ability to:

Appropriately represent the City with requests from the media, community groups, members of the public, and other interested parties.

Gather information and independently compose a variety of articles, news releases, and related materials on a range of issues.

Independently perform responsible and complex administrative support duties.

Research and compile data for special projects and various reports and assignments as required.

Interpret and apply Federal, State and local policies, procedures, laws and regulations.

Analyze, interpret, summarize and present administrative and technical information and data in an effective manner.

Effectively administer a variety of City programs and administrative activities.

Maintain confidential and sensitive information.

Work independently in the absence of supervision.

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

Communicate clearly and concisely, both orally and in writing.

Experience and Education/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:

Two years increasing responsible administrative support experience including experience assisting with public or media relations activities, municipal public administration, or community relations.

Education/Training:

Equivalent to a Bachelors degree from an accredited college or university with major course work in public administration, business administration, pubic relations, communications, or a related field.

Licenses or Certificates:

Possession of, or ability to obtain, a valid Class C California Driver’s License within 6 months.

Special Requirements:

May be required to work during irregular business hours, such as evenings, weekends, and holidays.

Travel is required when attending meetings or events outside of city limits.

WORKING CONDITIONS
Work Environment:

The primary work environment takes place indoors within an office. Travel to locations within and outside of the San Clemente area may be required.
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Physical Requirements:
• Work is performed in an indoor office environment, requiring extensive sitting or standing for prolonged periods of time
• Work involves occasional walking, reaching, stooping, kneeling, and bending. • Moderate lifting, carrying, pushing, and/or pulling of items of moderate weight. • Manual dexterity to operate a computer keyboard and other office equipment, handle files and documents
• Hearing and speaking to exchange information in person or on the telephone • Visual acuity to see/read documents and computer screen. 24 910 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: February 20, 2024 Agenda Item: 9F
Submitted By: Finance and Administrative Services
Subject:
..titl e
SAN GORGONIO PARK ..body COMMUNICATIONS SITE LEASE AGREEMENT Fiscal Impact:

This new facility at San Gorgonio Park will generate monthly revenue, beginning at $1,147 per month with annual 3% increases on the date of the commencement. The lease rate is determined by a standardized equipment fee schedule, and the lease rate is based on an initial installation of three panel antennas. The lessee expects a future installation of three additional antennas, at which time the base rental rate will increase at the commensurate rate established by the City’s equipment fee schedule.

Summary:

There are multiple existing telecommunications facilities at San Gorgonio Park. DISH Wireless submitted an application to install new antennas and equipment on an existing ball field light standard and in an existing equipment enclosure at San Gorgonio Park. On October 19, 2023, following a public hearing, the Zoning Administrator approved City Antenna Permit (CAP) 23-103.

The conditions of approval for CAP 23-103 require a lease agreement. Before the City Council for consideration is a resolution (Attachment 1) that would approve Dish Wireless’ request for a telecommunications site lease at San Gorgonio Park (Attachment 2) for the new facilities.

Background:

The development request was reviewed through the public hearing process in the fall of 2023.

The Zoning Administrator approved City Antenna Permit (CAP) 23-103 on October 19, 2023 with conditions of approval that require City Council approval of a lease. The staff report and minutes of the Zoning Administrator meeting regarding this approval are provided as Attachments 2 and 3, respectively.

The improvements proposed for this wireless telecommunication facility at San Gorgonio Park include new equipment at a height of 67 feet on the existing 79-foot, five-inches tall light standard, which is the same height as the previous equipment. The flush mounted antenna and equipment on the light standard is consistent with the Wireless Master Plan’s (WMP) pre-approved design criteria and with the other two wireless facilities in the park. The light standard equipment includes six-panel antennas, six pipe mounts, and 12 remote radio heads that would be painted to match the light standard. The proposal was also reviewed by the Design Review Subcommittee prior to consideration by the Zoning Administrator at the duly noticed public meeting. 1 Meeting Date: February 20, 2024 Agenda Item: 9F

CITY OF SAN CLEMENTE
Council Options:
 Adopt Resolution No. 24-23, which would authorize the City Manager to execute a Communications Site Lease Agreement with DISH Wireless for a facility at San Gorgonio Park.
 Modify and adopt Resolution No. 24-23.
 Decline to adopt Resolution No. 24-23, which represents a denial of a lease agreement at the requested site for the specified equipment.
 Continue the item with direction for staff to provide additional information.

Environmental Review/Analysis
The Zoning Administrator previously determined that the proposed development and related lease is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (14 CCR§ 15301, Class 1e: Existing Facilities) and Section 15303 of the CEQA Guidelines (14 CCR§ 15303, Class 3: New Construction or Conversion of Small Structures). No additional environmental review is required.

Recommended Actions:

Staff Recommendation ..recommendation
STAFF RECOMMENDS THAT the City Council adopt Resolution No. 24-23, which will authorize the City Manager to execute a Communications Site Lease Agreement with DISH Wireless for a facility at San Gorgonio Park.
..end
Attachment:

1. Proposed Resolution 24-23

2. Draft Communications Site Lease Agreement Between DISH Wireless and the City of San Clemente at San Gorgonio Park

3. Zoning Administrator staff report from October 19, 2023

4. Zoning Administrator minutes from October 19, 2023
Notification:

DISH Wireless and PlanCom, Inc., and authorized agent for DISH Wireless 2 Attachment 1
RESOLUTION NO. 24-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING A

COMMUNICATIONS SITE LEASE AGREEMENT WITH DISH
WIRELESS, LLC AT 2916 VIA SAN GORGOINO
WHEREAS, on March 22, 2023, an application was submitted by Peter Blied, for City Antenna Permit (CAP) 23-103, which deemed complete on July 14, 2023, to install antennas and equipment on an existing ball field light standard and in an existing equipment enclosure located at 2916 Via San Gorgonio, within the Open Space Public (OS1) zone. The site’s legal description is a portion of parcel 17 Record of Survey Book 4

WHEREAS, the Development Management Team (DMT) reviewed the proposed project, and staff issued a comment letter on June 29, 2023 to the applicant to ensure compliance with General Plan, Zoning Ordinance, and other applicable City ordinances, codes, and policies;
WHEREAS, on August 17, 2023, the Zoning Administrator of the City of San Clemente held a public hearing on the subject application; however, staff discovered that the printed noticing materials were not correctly mailed out to the appropriate radius surrounding the subject property; and
WHEREAS, thereafter notices were timely and properly published and mailed correctly to alert the public of a de-novo public hearing on this item scheduled for October 19, 2023; and
WHEREAS, on October 19, 2023, the Zoning Administrator of the City of San Clemente held a public hearing on the subject application and considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties; and
WHEREAS, the Zoning Administrator approved CAP 23-103 via Resolution 23-14 and determined that the project is Categorically Exempt from CEQA pursuant to State CEQA Guidelines 15301 (14 CCR§ 15301, Class 1e: Existing Facilities) and 15303 (14 CCR§ 15303, Class 3: New Construction or Conversion of Small Structures).

WHEREAS, the Zoning Administrator conditioned the approval of CAP 23-103 on subsequent issuance of a site lease authorization by the City Council; and WHEREAS, the City Council reviewed the site lease proposal at its regular meeting on February 20, 2024 and approval of the site lease is in the best interests of the City and the public.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find determine and resolve as follows:
3 Resolution No. 24-23 Page 2
Section 1. Incorporation of Recitals.

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

Section 2. Lease Authorization
Based upon its review of the entire record, including the Staff Report, any public comments or testimony, the City Council hereby approves a communications site facility lease with DISH Wireless and authorizes and directs the City Manager to execute such a lease in a form that is substantially similar to that presented to the City Council on February 20, 2024. The City Manager, or his designee, is further authorized and directed to execute such other documents and take such other and further actions as are necessary and proper to accomplish the purposes of this resolution.

PASSED AND ADOPTED this 20th day of February, 2024.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
4 Resolution No. 24-23 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. 24-23 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

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

CITY OF SAN CLEMENTE

COMMUNICATIONS SITE FACILITY LEASE
This Communications Site Facility Lease (the “Lease”) is made and entered into this day of , 2024 by and between the CITY OF SAN
CLEMENTE, a California Municipal Corporation, (herein “LESSOR”), and DISH WIRELESS, LLC, a Colorado limited liability company (herein “LESSEE”) (hereinafter collectively referred to as “Parties” or individually as the “Party”).

RECITALS
WHEREAS, LESSEE wishes to construct and operate a new communications facility consisting of approximately 216 sq. ft. of ground space for an equipment enclosure, that includes equipment cabinets and electrical control panels, together with antennas and related equipment installed on an existing 80’ monopole light pole owned or controlled by Lessor (“Tower”), all at that certain property commonly known as San Gorgonio Park, located at 2916 Via Gorgonio in San Clemente, California (“Property”).

WHEREAS, the Property is owned by LESSOR; and
WHEREAS, LESSEE wishes to lease the Premises, as defined below, from said LESSOR on the terms and conditions herein for the transmission of and for provision of mobile/wireless communications services; and
NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants, conditions, and agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties to this Lease do hereby agree as follows:

1. DEMISE AND DESCRIPTION:

1.1 DEMISE: LESSOR agrees to lease a portion of that certain property described as San Gorgonio Park, being described as approximately 216 sq. ft. of ground space for an equipment enclosure that includes equipment cabinets and electrical control panels, together with the right to install utilities over, under and across the Property, collectively hereinafter referred to as the “Premises” and more specifically described in Exhibit “A”, which is attached hereto and incorporated by reference fully herein. Access to the Premises from a public right of way shall be provided by the LESSOR as reflected on Exhibit “B”, which is attached hereto and incorporated by 6 DISH #LSSNA01191A
reference fully herein. LESSOR shall provide LESSEE, LESSEE’S employees, agents, and subcontractors access over the Property to the Premises twenty-four (24) hours a day, seven (7) days a week without notice to LESSOR, at no charge to LESSEE. The Premises and access over the Property are provided in an “AS IS, WHERE IS” condition.

1.2 DESCRIPTION: The “Facility” shall consist of an equipment enclosure, that includes equipment cabinets, electrical control panels, and occupies approximately 216 sq. ft. of ground space, and use of the Tower, all as more specifically described in Exhibit A attached hereto and made a part hereof.

The Premises may be used by LESSEE for the purpose of operating and maintaining the Facility for any lawful activity in connection with the provision of mobile/wireless communications services, including without limitation, cellular communications facilities including the upgrade, repair or replacement of such equipment and facilities; and environmental and other testing.

2. LEASE TERM:

2.1 INITIAL TERM: The initial term of this Lease shall commence on the earlier of (a) the first day of the month following issuance of a final building permit or (b) March 1, 2024 (the “Commencement Date”), and shall continue for five (5) years from that date (“Initial Term”) unless terminated earlier pursuant to Section 6.0 below.

2.2 RENEWAL TERMS: LESSOR grants LESSEE an option to renew this Lease for an additional fifteen (15) years, with a renewal in three five (5) year increments (each five (5) year increment, a “Renewal Term”), commencing upon expiration of the Initial Term, which shall continue for five (5) years from that date unless terminated earlier. To exercise such renewal options, LESSEE shall provide written notice of such intention to LESSOR no sooner than ninety (90) days nor later than thirty (30) days prior to the expiration of the then current Lease Term. For the purpose of this Lease, the “then current Lease Term” shall mean either the Initial Term or the Renewal Term, whichever is in effect at the relevant time. The exercise of renewal terms shall not require an amendment to the Lease.

3. PAYMENT OF RENT: LESSEE agrees to pay to LESSOR, as rental for said Premises, each month in advance, on the first of each month during the term of this Lease payable to the City of San Clemente, 910 Calle Negocio, San Clemente, CA 92673, Attn: Accounts Receivable, Accounting Division. In addition, LESSEE agrees to do and perform all other covenants and agreements contained in this Lease.

3.1 BASE RENTAL PAYMENT: The Base Rental Payment under this Lease shall be One Thousand One Hundred Forty-Six DOLLARS and SeventySix CENTS ($1,146.76) per month. If the Commencement Date is a date other than the first day of a month, the Base Rental Payment for the first 7 DISH #LSSNA01191A
calendar month shall be prorated on the basis of the number of actual days in such partial month.

3.2 ANNUAL RENTAL INCREASES: Commencing on the first (1st) annual anniversary of the Commencement Date and on each annual anniversary thereafter, the Base Rental Payment shall be increased by an amount equal to three percent (3%) of the Base Rental Payment in effect during the immediately preceding year. Each new rental amount shall also be referred to as the “Base Rental Payment.”

3.3 LATE CHARGE: LESSEE acknowledges that late payment by LESSEE to LESSOR of the Base Rental Payment will cause LESSOR to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges. Therefore, if any installment of the Base Rental Payment due from LESSEE is not received by LESSOR within ten (10) days after the same becomes due, LESSEE shall pay to LESSOR an additional sum of five percent (5%) of the overdue Base Rental Payment as a late charge. The Parties agree that this late charge represents a fair and reasonable estimate of the costs that LESSOR will incur by reason of a late payment by LESSEE. Acceptance of any late charge shall not constitute a waiver of any right of termination as contained in Section 10 below with respect to the overdue amount, or prevent LESSOR from exercising any of the other rights and remedies available to LESSOR.

4. LESSEE’S OBLIGATION: LESSEE recognizes and understands that this Lease may create a possessory interest subject to property taxation and that LESSEE may be subject to the payment of property taxes levied on such interest. LESSEE shall pay all property taxes and assessments directly attributable to LESSEE’s possessory interest.

5. CONSTRUCTION OF IMPROVEMENTS:

5.1 LESSEE’S CONSTRUCTION: The purpose of this Lease is to provide LESSEE a site for the placement and use of the Facility, and for no other use whatsoever. LESSEE shall have the right, during the Lease term, to develop, construct, alter, remove, repair, operate, demolish, restore and remodel the following improvements on the Premises and be allowed to operate the Facility as follows:
(a) Antenna Structure: LESSEE shall utilize space on the existing Tower, owned by LESSOR, on the Premises for
LESSEE’s antennas and related equipment. Prior to
installing the Facility, LESSEE shall obtain a structural analysis from the manufacturer of the Tower and, if
recommended, shall reinforce or replace the Tower as
needed at LESSEE’s sole expense and to the LESSOR’s
8 DISH #LSSNA01191A
satisfaction.
(b) Communications Facilities: An equipment enclosure and related equipment located on a 216 sq. ft. portion of ground space on the Premises.
(c) Site Equipment: LESSEE shall provide all site equipment required for the installation and operation of the Facility (“Site Equipment”).

The Site Equipment is and shall remain the sole property of LESSEE, shall not be deemed fixtures, and may be removed from the Premises by LESSEE at any time.
(d) Access to Site: LESSEE’s employees, agents and subcontractors shall have access over the Property to the Premises twenty-four (24) hours a day, seven (7) days a week without notice to LESSOR or charge to LESSEE, which such access as reflected on Exhibit B.

Construction of Improvements: All improvements made to the Premises by LESSEE shall be developed, constructed, altered, restored, and/or remodeled in a good and workmanlike manner, at LESSEE’s expense, in accordance with the requirements of all laws, ordinances, and regulations applicable thereto, including zoning requirements and building code requirements of the City of San Clemente (including compliance with the CUP process prescribed by the City of San Clemente Ordinance No. 1129, if applicable), the County of Orange, and any municipal, state, federal or other governmental agency having jurisdiction over the Premises or the Facility at the time the improvements are constructed. LESSOR agrees to cooperate with LESSEE and execute all documents reasonably required in connection with applying for any municipal permits, zoning variances, or conditional use permits in connection with the construction of the aforementioned improvements. It is understood and agreed that such cooperation and execution of documents shall not be implied to include any expenditures of funds on the part of LESSOR or any implied promise or warranty that such permits, discretionary, or otherwise, will be issued to LESSEE.

Notwithstanding anything in this Lease to the contrary, prior to commencement of construction LESSEE, at its expense, shall submit a location and installation plan to LESSOR for review and approval by LESSOR’s Utilities Manager. If LESSOR’s Utilities Manager (or his/her designee) does not respond in writing to LESSEE within twenty (20) days following LESSEE’s request for approval, such request will be deemed to have been approved by LESSOR. Once commenced, any and all improvements to be made by LESSEE with respect to the installation of the Facility and the Premises shall be diligently pursued to completion in compliance with all applicable laws and regulations.
9 DISH #LSSNA01191A

5.2. MECHANIC’S LIENS: LESSEE shall not suffer or permit to be enforced against the Premises, or any part thereof, and shall defend (with counsel acceptable to LESSOR), indemnify, and hold LESSOR harmless from any mechanic’s, material suppliers’, contractors’, tax, or subcontractors’ liens arising from any claim for damage, or growing out of the work of any construction, repair, restoration, replacement, or improvement made by or alleged to have been made by or on behalf of LESSEE with respect to the Premises. LESSEE shall pay or cause to be paid all of such liens, claims, or demands before any action is brought to enforce the same against the Premises. If LESSEE shall in good faith contest the validity of any such lien, claim, or demand, then LESSEE shall, at its expense, defend itself and LESSOR against same and shall pay and satisfy any settlement or adverse judgment that may be entered thereupon prior to the execution thereof. In the event of any such contest, LESSEE shall provide LESSOR with a security bond in a form and amount LESSOR deems sufficient in its reasonable discretion to allow the lien of record to be discharged as a matter of law.

5.3. CARE DURING CONSTRUCTION: LESSEE shall exercise great care during construction of the improvements. Any and all damage to improvements, including landscaping and vegetation located on or about the Property that is caused by LESSEE’s construction, shall be repaired and/or replaced with like size and type of plant materials. All applicable City standards and specifications shall be followed. LESSEE shall request and LESSOR shall reasonably approve all work prior to commencement.

6. TERMINATION:

6.1 LESSOR’S RIGHT TO TERMINATE: LESSOR may pursue any remedies available to it under applicable law, including, but not limited to, the right to terminate this Lease, upon the earliest of any of the following events:
(a) LESSEE’s failure to pay any Base Rent Payment within fifteen (15) days following notice of nonpayment; (b) LESSEE’s failure to comply with any term, covenant, or condition of this Lease after LESSEE has been given notice of the violation and has had thirty (30) days to cure same or, if such default is not curable within such thirty (30) day period, has not proceeded to commence such cure within such thirty (30) day period and diligently prosecutes the cure to completion; (c) interference by LESSEE’s Site Equipment with other electrical or radio frequency equipment installed on or around the Property prior to the Commencement Date, which interference LESSEE does not commence curing within ten (10) days following notice thereof; (d) interference by LESSEE’s Site Equipment with hydrological equipment installed on or around the Property prior to the Commencement Date, which interference LESSEE does not commence curing within ten (10) days following notice thereof. Likewise, LESSOR will not permit or suffer the installation of any future equipment which (i) results in technical interference problems with LESSEE’S then existing equipment 10 DISH #LSSNA01191A
or (ii) encroaches onto the Premises.

6.2 LESSEE’S RIGHT TO TERMINATE: LESSEE may terminate this Lease without further liability for any reason whatsoever upon ninety (90) days written notice to LESSOR. Upon termination, all prepaid Base Rent Payments will be retained by LESSOR unless such termination is due to LESSOR’s failure of proper ownership or authority, or such termination is a result of LESSOR’s default hereunder. In the event that LESSEE terminates the Lease prior to commencement of construction of the improvements, LESSEE’s obligation to construct the improvements shall terminate without further liability.

6.3 OWNERSHIP OF IMPROVEMENTS: LESSOR shall be the owner of the Tower structure at all times before, during, or following the Term of this Agreement. Upon termination of this Lease for any reason whatsoever, LESSEE shall transfer to LESSOR title to all real property improvements (“Retained Improvements”) constructed by LESSEE (but not the Site Equipment constructed upon the Premises, provided that LESSEE removes the Site Equipment within thirty (30) days of the end of the Agreement) free, clear and unencumbered of any monetary encumbrance or other restriction or title exception of any kind or nature created by LESSEE other than as permitted by LESSOR in writing. LESSOR acknowledges and agrees that it shall take possession of the Retained Improvements in their then “AS IS” condition, and that LESSEE makes no representation or warranty regarding their condition or fitness for any particular purpose and that LESSEE shall incur no further liability therefore.

7. INTERFERENCE:

7.1 LESSEE’S OBLIGATIONS: Prior to occupancy and operation of any portion of the facility by LESSEE or its agents, assigns or lessees within LESSOR’s portion of the Building or Pole (defined below), LESSEE agrees to:
(a) Submit to LESSOR within 45 days prior to operation, proposed plans designating equipment locations in the Building, antenna type, size and locations on the Pole, heights above ground on LESSOR’s existing towers, along with operating frequencies, effective radiated power, and other necessary on-air technical data at LESSOR’s reasonable discretion for LESSOR’s review and approval, which approval shall not be unreasonably
withheld, conditioned or delayed.
(b) Install or cause to be installed, all equipment according to generally accepted standard engineering practices used in the communication industry, in a good and workmanlike manner and in compliance with all applicable law and regulations. (c) Use reasonable efforts to mitigate any interference on existing 11 DISH #LSSNA01191A
radio frequency equipment of LESSEE within ten (10) days of written notification of interference.

7.2 LESSOR’S OBLIGATION: LESSOR shall include in all leases between LESSOR and future lessees on the Property a covenant that the lessee shall not interfere with other electrical or radio frequency equipment previously installed on or around the Property and that if the lessee is not able to mitigate the interference, the lease shall provide for termination thereof. Likewise, LESSOR will not permit or suffer the installation of any future equipment which (i) results in technical interference problems with LESSEE’s then existing Site Equipment or (ii) encroaches onto the Premises.

7.3 NON-INTERFERENCE: The Site Equipment and the use thereof shall not interfere with the use of any other communication or similar equipment of any kind and nature owned or operated by LESSOR or other occupants of the Property existing as of the Commencement Date, except as may be permitted by applicable laws; provided, however that subsequent to the installation by LESSEE of the Facility, LESSOR agrees not to install and to exercise commercially reasonable efforts to not allow installation of new equipment on the Property if such equipment causes interference with LESSEE’s operations.

8. CO-LOCATION:

8.1 RIGHT TO LEASE TO THIRD PARTY: LESSOR, in LESSOR’S sole and absolute discretion and in compliance with the terms of this Lease, may elect to enter into a similar lease with another carrier (“Potential Carrier”) to place an antenna and/or other improvements on the Property. LESSEE hereby agrees that LESSOR may elect to place any such antenna either upon the pole constructed by LESSEE pursuant to this Lease (“Pole”) or upon a second pole located upon the Property constructed by the Potential Carrier pursuant to the terms of this Section 8. Any lease entered into between LESSOR and a Potential Carrier shall reference the obligation of the Potential Carrier to comply with the applicable FCC non-interference rules as set forth in Section 7 herein.

8.2 CO-LOCATION AGREEMENT: In the event LESSOR elects to enter into a lease with a Potential Carrier with respect to the Pole, LESSEE hereby covenants to exercise good faith and use commercially reasonable efforts to enter into a separate written co-location agreement with the Potential Carrier (“Co-location Agreement”) subject to the reasonable approval of the City Manager of the City of San Clemente or his/her designee. In the event that an antenna is placed upon the Pole, the Co-location Agreement shall, among other things, set forth the maintenance, utility, indemnification and other obligations of the parties as to the Pole. In the event that LESSEE and the Potential Carrier are unable to agree as to the terms of a Co-location 12 DISH #LSSNA01191A
Agreement, LESSEE shall not be obligated to enter into the Co-location Agreement.

8.3 RELEASE OF LESSOR: LESSEE hereby releases LESSOR, its officers, agents, and employees from any responsibility or liability occurring by reason of or arising out of interference with LESSEE’s communication configurations, equipment and/or frequency caused by the location of any Potential Carrier upon the Pole, the Facility, the Premises, or the Property in conformity with the provisions of this Lease, or by pre-existing communications operating upon the commencement of this Lease.

9. REPAIRS AND MAINTENANCE:

9.1 NO OBLIGATION OF LESSOR: LESSEE agrees that LESSOR shall be under no obligation to repair, rebuild or replace the Premises or the Rightof-Way area or any Improvements located thereon during the term of this Lease, except LESSOR may be liable to LESSEE for any damage arising out of the negligence or willful misconduct of LESSOR or its agents.

9.2 LESSEE’S OBLIGATION: Notwithstanding the provisions of paragraph

5.1 above, LESSEE shall, at LESSEE’s sole expense and cost, keep and maintain only that portion of the Premises and improvements that are directly associated with its antennas and related equipment located thereon, and any and all facilities appurtenant under LESSEE’s control thereto, including any landscaping, in a good and safe order and repair and in a clean and orderly condition, reasonable wear and tear excepted. Not by way of limitation of the foregoing, LESSEE shall remove any accumulation of trash, weeds, debris, and graffiti on the Premises within seventy-two (72) hours of receipt of notice of the same. LESSEE shall make any and all additions, alterations, repairs or improvements in and about the Premises that may be required by law, and shall otherwise observe and comply with all public laws, ordinances and regulations that are from time to time made applicable to the Premises. LESSEE shall indemnify, defend (with counsel acceptable to LESSOR) and hold LESSOR harmless from and against all actions, claims, liabilities, damages, costs (including without limitation, reasonable attorney’s fees) and expenses incurred by LESSOR to the extent resulting by reason of LESSEE’s failure to comply with or perform the provisions of this Lease or its acts on the Property. LESSEE is aware of and waives the provisions of California Civil Code Sections 1941 and 1942 with respect to any obligation LESSOR may have during the term of this Lease regarding the tenantability of the Premises and LESSEE’s right to make repairs and deduct the expenses of such repairs from Base Rent Payments.

9.3 LESSEE’S CONTRACTOR: LESSEE shall be responsible for any and all damage to City equipment or property to the extent caused by LESSEE or LESSEE’s contractors and shall be responsible for the repair of any such 13 DISH #LSSNA01191A
damage to the extent caused by their act hereunder. LESSEE shall be responsible for the replacement of all plant materials damaged by LESSEE or LESSEE’s contractors during the construction of the Premises including trees, shrubs, ground cover, mulch, pebble bark and similar materials. The full cost of such replacement, including the cost of labor shall be borne by LESSEE.

10.UTILITIES AND PROVISION OF SERVICE: LESSEE shall determine the availability of and shall, at its sole cost and expense, cause to be installed in, on, and about the Premises all facilities necessary to supply thereto all water, sewage, gas, electricity, telephone, and other similar services required to service the Premises. LESSOR shall allow LESSEE to have its own electrical metering equipment installed. LESSEE shall obtain all necessary approvals for the installation of the meter. An electrical plan shall be submitted to the LESSOR and approved prior to commencement of such work, such approval not to be unreasonably withheld, conditioned or delayed.

LESSOR agrees to cooperate with LESSEE in its efforts to obtain such utility service.

During the Lease term, LESSEE agrees to pay when due all charges for water, sewage, gas, electricity, and all other utility services of every kind and nature supplied to and used by LESSEE on the Premises. LESSOR shall be responsible for its own electrical and other utility service and for the regular payment of electrical and other utility charges attributable to the Facility other than the Premises.

11.DAMAGE OR DESTRUCTION OF IMPROVEMENTS TO PREMISES:

11.1 LESSOR’S OBLIGATION: LESSOR shall have no duty or obligation to rebuild the Facility or the improvements thereon if such Facility or improvements are substantially damaged during the Lease term, in whole or in part by any casualty. LESSOR will give LESSEE (a) notice of such casualty within thirty (30) days after the date of the casualty and (b) the right to terminate in sixty (60) days from said casualty date. A proportion of the Rent herein reserved, according to the extent that such damage to LESSEE’s equipment that interferes with the full enjoyment and use of the Premises, shall be suspended and abated from the date of commencement of such damaging or destructive event until the date that such event subsides. In the event LESSOR chooses not to rebuild the Facility or improvements thereon, LESSEE shall be entitled to build a new equipment shelter and tower for its own use on the leased Premises.

11.2 WAIVER OF CIVIL CODE SECTIONS: LESSEE is aware of and, by entering into this Lease, waives the provisions of Civil Code Sections 1932(2) and 1933(4) with respect to any damage or destruction of the Premises.

11.3 CONDEMNATION: In the event of condemnation of the Premises, unless LESSEE is allowed by the condemning authority to continue its operations on the Premises, this Lease shall terminate as of the date title to the Premises vests in the condemning authority or LESSEE is required to cease its operations, whichever is earlier. Notwithstanding the foregoing, if as a 14 DISH #LSSNA01191A
result of a condemnation of the Premises, LESSEE, in LESSEE’s sole discretion, is unable to use the Premises for the purposes intended hereunder, or if such condemnation is expected to disrupt LESSEE’s operations at the Premises for more than forty-five (45) days, LESSEE may, at LESSEE’s option, terminate this Lease as of the date the condemning authority takes such possession. LESSEE shall be entitled to share in the proceeds of any condemnation, and LESSEE’s share shall include the value of any improvements, which are transferred to the condemning authority, moving expenses, and prepaid rent and business dislocation expenses.

LESSEE shall not be allowed to recover for the value of its leasehold interest.

12.ASSIGNMENT AND SUBLEASING:

12. 1 ASSIGNMENT: LESSEE shall not voluntarily assign or transfer its interest under this Lease or in the Premises without first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, delayed or conditioned. The transfer of the rights and obligations of LESSEE to a parent, subsidiary, or other affiliate of LESSEE, or to any successor in interest or entity acquiring fifty-one (51%) or more of LESSEE’s membership interests or assets in the market as defined by the FCC in which the Property is located, shall not be deemed an assignment and LESSOR’s consent shall not be required for such transfer. Any assignment without LESSOR’s consent (when such consent is required) shall be voidable and, at LESSOR’s election, shall constitute cause for exercise of LESSOR’s remedies under applicable law, including termination of the Lease. No consent to any assignment shall constitute a further waiver of the provisions of this Section. Notwithstanding the foregoing, it is understood that LESSEE shall not be released from liability hereunder by virtue of any assignment. As a condition precedent to any such assignment that requires LESSOR’s consent, LESSEE agrees to provide written notice to LESSOR of its intention to assign at least thirty (30) days before the proposed effective date of any such proposed assignment which notice shall include the identity of the proposed assignee, copies of the proposed assignment documentation and current financial statements of the proposed assignee. As a further condition precedent to any assignment, the assignee must assume, in writing, all of LESSEE’s obligations under this Lease.

12.2 SUBLEASING: LESSEE shall not sublease any portion of the Premises except as expressly provided herein. LESSEE shall be permitted to sublease portions of the Premises to a wholly-owned subsidiary of LESSEE, provided LESSEE provides LESSOR with express written notice of such sublease.

13. RENEWAL/HOLDING OVER: Upon the expiration or within ninety (90) days following termination of this Lease, LESSEE shall surrender the Premises to LESSOR. If LESSEE shall remain in possession of the Premises after the 15 DISH #LSSNA01191A
expiration or termination of the Lease, with the consent of LESSOR, either express or implied, such holding over shall be construed to create a tenancy from month to month subject to all the covenants, conditions, and obligations hereof, and LESSEE hereby agrees to pay LESSOR, as monthly rental, an amount equal to one hundred twenty-five percent (125%) of the most recent monthly Base Rent Payment. Nothing above shall be construed to give LESSEE any rights to so hold over and to continue in possession of the Premises after the expiration of the Lease term without the express consent of LESSOR.

14. HAZARDOUS SUBSTANCES:

14.1 LESSEE shall not under any circumstances store or bring onto the Property any Hazardous Substances. For purposes of this Lease, the term “Hazardous Substances” means: (a) any substance, products, waste, or other material of any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 United States Code Section 9601 et seq.; the Resources Conservation and Recovery Act, 42 United States Code Section 6901 et seq.; the Hazardous Materials Transportation Conservation and Recovery Act, 42 United States Code Section 1801 et seq.; the Clean Water Act, 33 United States Code Section 1251 et seq.; the Toxic Substances Control Act, 15 United States Code Section 2601 et seq.; the California Hazardous Waste Control Act, Health and Safety Code Section 25100 et seq.; the Hazardous Substance Account Act, Health and Safety Code Section 25330 et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Section 25249.5 et seq.; California Health and Safety Code Section 25280 et seq. (Underground Storage of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code Section 25170.1 et seq.; California Health and Safety Code Section 25501 et seq. (Hazardous Materials Release Response Plans and Inventory); or the California Porter-Cologne Water Quality Control Act, Water Code Section 13000 et seq., all as amended (the above cited statutes are hereinafter collectively referred to as the “Toxic Substances Laws”); or any other federal, state, or local statute, law, ordinance, resolution, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Substance, now or at any time hereinafter in effect; (b) any substance, product, waste or other material of any nature whatsoever that may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court; (c) petroleum fuel or crude oil, other than petroleum and petroleum products which are contained within regularly operated motor vehicles; and (d) asbestos.

14.2 Except as otherwise specifically permitted under the terms of the Lease, LESSEE shall not use, create, generate, store, deposit, dispose of or allow any Hazardous Substances on, under, about or within the Property or the 16 DISH #LSSNA01191A
Premises in violation of any federal, state, or local law, rule, regulation, order, decree or other Lease requirement. Storage batteries for emergency power, and ordinary paints, solvents and similar substances commonly used in small quantities and necessary for maintenance of the LESSEE’s Facilities are excepted from the preceding prohibition of use by LESSEE of Hazardous Substances on the Premises, so long as LESSEE complies with all applicable federal, state and local laws, rules and regulations governing the storage and use of such items (“Excepted Materials”). All Excepted Materials stored on the Property shall be stored in a lockable and weather resistant storage cabinet with leak containment in accordance with industry standards. LESSEE shall develop and maintain all required hazardous material compliance documentation related to the site as mandated by federal, state, or local law, rule, regulation, order, decree or other requirements.

14.3 No permanent underground or above ground storage tanks shall be installed on the Premises. LESSOR or its officers, employees, contractors, or agents shall at all times have the right to go upon and inspect the Premises and the operations conducted thereon to assure compliance with the requirements herein stated. This inspection may include taking samples for chemical analysis of substances and materials present and/or testing soils on Property and taking photographs. In addition, a representative of LESSEE’s shall be available for all requested site inspections initiated by the County or LESSOR staff. LESSOR shall provide at least two (2) working days of advance notice for such inspections that are not emergency in nature.

14.4 LESSEE shall, within twenty-four (24) hours of the discovery by LESSEE of the presence of, or believed presence of, a Hazardous Substance as defined herein not in compliance with Toxic Substance Laws caused by LESSEE, give written notice to Lessor in the event that LESSEE knows or has reasonable cause to believe that any release of Hazardous Substance caused by LESSEE has come or will come to be located on, under, about or within the Property or Premises. The failure to disclose in a timely manner the release of a Hazardous Substance, including but not limited to, an amount which is required to be reported to a state or local agency pursuant to law (e.g., California’s Hazardous Materials Storage and Emergency Response Act, Health and Safety Code Section 25550 et seq.) shall be grounds for termination of the Lease by Lessor in addition to actual damages and other remedies provided by law. LESSEE shall immediately clean up and completely remove all Hazardous Substances placed by LESSEE on, under, about or within the Property or Premises, in a manner that is in all respects safe and in accordance with all applicable laws, rules and regulations.

14.5 In the event Hazardous Substances are discovered by LESSEE, LESSEE shall, within twenty-four (24) hours of discovery, disclose to Lessor the specific information regarding LESSEE’s discovery of any Hazardous Substances placed on, under, about or within the Property by LESSEE, and 17 DISH #LSSNA01191A
provide written documentation of its safe and legal disposal, if LESSEE disposes such.

14.6 Breach of any of these covenants, terms, and conditions, and LESSEE’s failure to cure within thirty (30) days of LESSEE’s receipt of written notice from Lessor, shall give Lessor the authority to either immediately terminate the Lease or to shut down LESSEE’s operations thereon, at the sole discretion of Lessor. In either case, LESSEE will continue to be liable under the Lease to remove, mitigate all Hazardous Substances placed by LESSEE on, under, about or within the Premises and indemnify, defend and hold harm the Lessor with respect thereto. LESSEE shall be responsible for, and bear the entire cost of removal and disposal of, all Hazardous Substances introduced to Premises by LESSEE during LESSEE’s period of use and possession of Premises. Upon termination of the Lease, LESSEE shall, in accordance with all laws, remove from the Premises any equipment or improvements placed on Premises by LESSEE that may be contaminated by Hazardous Substances.

14.7 LESSEE shall defend (with counsel acceptable to LESSOR), indemnify and hold Lessor and its officials, officers, employees, contractors and agents free and harmless from any and all claims, liability, injury, damage, costs, fines, or expenses (including, without limitation, the cost of attorney’s fees) arising as a result of the presence or use of any Hazardous Substances placed or caused to be placed by LESSEE or its partners, affiliates, agents, officials, officers, contractors, representatives or employees on the Premises or the Property. Lessor shall defend, indemnify and hold LESSEE and its officers, employees, contractors and agents free and harmless from any and all claims, liability, injury, damage, costs, fines, or expenses (including, without limitation, the cost of attorney’s fees) arising as a result of the presence of use of any Hazardous Substances placed or caused to be placed by Lessor or its agents, officials, officers, contractors or employees on the Property.

The foregoing indemnity is intended to operate as an agreement pursuant to, among other requirements, Section 107, subdivision (e) of CERCLA, 42 United States Code Section 9607, subdivision (e), and California Health and Safety Code Section 25364, to insure, protect, hold harmless and indemnify each party from any liability created by the other party pursuant to such sections.

14.8 LESSEE acknowledges and agrees that it is not permitted to operate a generator on the Premises.

15. MUTUAL WAIVER OF DAMAGES AND INDEMNIFICATION:

15.1 Except as provided below, neither party will be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, 18 DISH #LSSNA01191A
whether under theory of contract, tort (including negligence), strict liability or otherwise.

15.2 With respect to third-party claims, LESSEE shall and indemnify, defend (with counsel acceptable to LESSOR), and hold harmless LESSOR and its officers, officials, directors, shareholders, employees, representatives, and agents, and each of them, from and against any and all claims, actions, damages, liabilities, proceedings, costs and expenses (including without limitation reasonable attorneys’ fees) (collectively, “Claims”) to the extent relates to or arising from or out of any claim or action filed against LESSOR as a result of the Facility or this Agreement, LESSEE’s use of the Premises or Property or use of the SiteEquipment on the Premises, except to the extent such claim or action is due, in whole or in part to the negligence or willful misconduct to LESSOR, in which case, LESSEE’s indemnification obligation shall be proportionately reduced in direct proportion to the extent LESSOR’s negligence or willful misconduct resulted in the claims, actions, damages, liabilities and expenses.

15.3 With respect to third-party claims, LESSOR shall and indemnify, defend (with counsel acceptable to LESSEE), and hold harmless LESSEE and its officers, officials, directors, shareholders, employees, and agents, and each of them, from and against any and all Claims to the extent arising from or out of any claim or action filed against LESSEE as a result of LESSOR’s operation of Lessor's Property, except to the extent such claim or action is due, in whole or in part to the acts, omissions, negligence or illegal or willful misconduct of LESSEE, in which case, LESSOR’s indemnification obligation shall be proportionately reduced in direct proportion to the extent LESSEE’s acts or omissions resulted in the Claims.

15.4 Neither Party has any obligation to defend or indemnify the other unless the Party seeking defense and indemnity (“Indemnified Party”) provides prompt written notice of any such claims to the party from which defense and indemnity is sought under this Section 15 (“Indemnifying Party”). The Indemnifying Party also agrees and acknowledges that it shall not admit any liability, settle, compromise, pay or discharge any such claims without the advance written consent of the Indemnified Party and such consent will not be unreasonably withheld, conditioned or delayed.

16. INSURANCE:

16.1 LESSEE agrees, at its sole expense, and at all times during the term of this Lease, to maintain in full force, or cause to be maintained in full force, a policy of commercial general liability insurance, including bodily injury and property damage, with limits of One Million Dollars ($1,000,000) per occurrence for bodily injury (including death) and property damage, and Two Million Dollars ($2,000,000) general aggregate. Any deductible or self-insured retentions shall be the sole responsibility of LESSEE. Such policies shall insure against liability for injury to persons and/or property 19 DISH #LSSNA01191A
and death of any person or persons which may occur as a result of or in connection with the existence and/or operation of LESSEE’S equipment in, on or about the CITY’S property. Each such policy of insurance shall:
a) be issued by companies licensed, authorized or permitted to do business in the State of California that hold a current policy holder’s alphabetic and financial size category rating of not less than A-VII, according to the current Best’s Key Rating Guide.
b) include as additional insureds CITY, CITY’s officers and employees. A blanket additional insured endorsement shall accompany the insurance certificate.
c) specify it acts as primary insurance and that no insurance held or owned by CITY (or, if applicable, the San Clemente Redevelopment Agency) shall be called upon to cover a loss under said policy; d) cover the operations of LESSEE pursuant to the terms of this Agreement; and
e) be written on an occurrence and not a claims made basis.

17. MISCELLANEOUS:

17.1 INSPECTION: LESSOR reserves the right for itself and its employees, agents, and representatives to enter upon the Premises at any reasonable time and after reasonable notice to LESSEE and in the presence of a LESSEE representative for the purpose of attending to LESSOR’s obligations under this Lease, provided that LESSOR and its employees, agents, and representatives shall make best efforts not to disturb, disrupt, damage, move, alter, turn off, adjust or otherwise adversely affect LESSEE’s operations or Site Equipment.

17.2 NO WAIVER: No covenant, term, or condition contained herein shall be deemed waived, except by written consent of the Party against whom the waiver is claimed. Any waiver or the breach of any covenant, term or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.

Acceptance by LESSOR of performance other than full performance by LESSEE after the time the performance shall have become due shall not constitute a waiver by LESSOR of the breach or default or default of any covenant, term, or condition unless otherwise expressly agreed to by LESSOR in writing.

17.3 INTERPRETATION: The Parties hereto agree that all provisions hereof are to be construed as both covenants and conditions as though the words imparting such covenants and conditions were used in each separate 20 DISH #LSSNA01191A
paragraph hereof. The captions of the articles and paragraphs of this Lease are for convenience only and shall not be deemed to be relevant in resolving any questions of interpretation or construction.

17.4 INTEGRATION AND GOVERNING LAW: This Lease represents the entire understanding of LESSOR and LESSEE as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered by this Lease. This Lease shall be governed by the laws of the State of California and construed as if drafted by both LESSOR and LESSEE. This Lease may not be modified, altered, or amended except in writing signed by both LESSOR and LESSEE.

17.5 LEASE BINDING ON HEIR AND ASSIGNS: Each of the terms, covenants, and conditions of this Lease shall extend to, be binding upon, and inure to the benefit of not only LESSOR and LESSEE, but each of their respective heirs, representatives, administrators and assigns. Whenever in this Lease reference is made to either LESSOR or LESSEE, the reference shall be deemed to include, whenever applicable, the heirs, legal representatives, and assigns of each of the parties, the same as if in every case expressed.

17.6 CORPORATE AUTHORITY: Each person executing this Lease on behalf of an entity represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said entity, in accordance with a duly adopted resolution or other action of the Party, that this Lease is binding upon said Party in accordance with its terms and that such person will defend and indemnify the other Party should such representation and warranty prove false.

17.7 NOTICES: Any written notices required pursuant to this Lease shall be made by certified or registered mail, return receipt requested, or reliable overnight courier and delivered to the following address:

To LESSOR: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attn: Finance
(949) 361-8200
With a Copy to: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attn: Accounting
(949) 361-8282
To LESSEE: DISH Wireless LLC
5701 South Santa Fe Avenue
Littleton, CO 80120 Attention:

Landlord Relations Site:
21 DISH #LSSNA01191A
LSSNA01191A
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing.

17.8 PROPERTY: LESSOR warrants that: (i) LESSOR owns the Property in fee simple and has rights of access thereto; (ii) LESSOR has full right to make this Lease; and (iii) LESSOR covenants and agrees with LESSEE that upon LESSEE paying the Base Rental Payment and observing and performing all the terms, covenants, and conditions on LESSEE’s part to be observed and performed, LESSEE may peacefully and quietly enjoy the Premises, subject, nevertheless, to the terms and conditions of this Lease. LESSOR warrants that the making of this Lease and the performance thereof will not violate the provision of any mortgage, lease, or other agreements under which LESSOR is bound and which restricts the LESSOR in any way with respect to the use or disposition of the Property.

18. AMENDMENTS: The City Council assigns the City Manager signature authority to execute future Lease Amendments and extensions for periods not more than five (5) years each and provided that the City Manager shall not have the authority to approve a decrease in the rental rate without the prior approval of the City Council.

19. COUNTERPARTS/ELECTRONIC SIGNATURES: This Lease may be executed electronically and in any number of counterparts, which together shall constitute one agreement. A true and correct electronic copy of this Lease can be used for any purpose as one with an original ink signature.

20. SIGNATORIES/AUTHORITY TO ENTER AGREEMENT: LESSEE represents and warrants that it has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party and individual signing this Agreement represents and warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
22 DISH #LSSNA01191A
IN WITNESS WHEREOF, the Parties hereto caused this Lease to be executed by their duly authorized officers.

CITY OF SAN CLEMENTE
Dated: By:_
Andy Hall, City Manager
Dated: , 2024
ATTEST:

TAX I.D. #: 95-6000775
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

Elizabeth A. Mitchell, CITY ATTORNEY
LESSEE
DISH Wireless L.L.C.

By: DISH Wireless Holding L.L.C, a Colorado
limited liability company
Its: Managing Member
By:_
Richard Leitao, Sr. Vice
President, National Development
Date:
23 DISH #LSSNA01191A
EXHIBIT “A”

DESCRIPTION OF PREMISES
This exhibit is attached to and incorporated into certain Communications Site Facility Lease dated ______________by and between the CITY OF SAN CLEMENTE, a California Municipal Corporation, and DISH WIRELESS, LLC, a Colorado limited liability company
All that certain real property located in the City of San Clemente, County of Orange, State of California, as follows:

PARCEL 2:

Lot “A” of Tract No. 5879, in the City of San Clemente, County of Orange, State of California, as per Map Recorded in Book 213 Pages 42 and 43 of Miscellaneous Maps, in the office of the County Recorder of said County.

PARCEL 3:

Lots A, B, & C of Tract No. 4938, in the City of San Clemente, County of Orange, State of California, as shown on a map Recorded in Book 177, Pages 35, 36, 37, 38, and 39 of Miscellaneous Maps, records of Orange County, California.

APN: 691-211-04The Premises shall consist of that portion of the Property where the Facility is located and as depicted on the map attached as Exhibit “B” hereto and incorporated fully herein by this reference.
24 AGENDA ITEM: 4-A

STAFF REPORT

SAN CLEMENTE ZONING ADMINISTRATOR
Meeting Date: October 19, 2023
PLANNER: John Ciampa, Contract Planner
SUBJECT: City Antenna Permit | CAP 23-103 | DISH Wireless Facility, A request to install antennas and equipment on an existing ball field light standard and in an existing equipment enclosure in the Open Space Public (OS1) zone and find the project categorically exempt from the California Environmental Act under Section 15301 of the CEQA Guidelines (14 CCR§ 15301, Class 1e: Existing Facilities) and Section 15303 of the CEQA Guidelines (14 CCR§ 15303, Class 3: New Construction or Conversion of Small Structures).

LOCATION: 2916 Via San Gorgonio

ZONING/GENERAL
PLAN:

Public Open Space and Costal Zone Overlay District (OS1-CZ) PROJECT SUMMARY:
x Background: The project site is the 18.83 acre San Gorgonio City Park that is improved with playgrounds, bathrooms, tennis courts, and baseball fields. The park has two active wireless facilities located on light standards with screened ground mounted equipment. The ball field light standard and the ground mounted equipment enclosure proposed for the project were decommissioned as a wireless facility over a year ago and a new City Antenna Permit (CAP) must be obtained for the proposed project (per Section 17.12.150 Expiration of Approvals).

Figure 1-Existing Site Conditions
$77$&+0(17
25 DISH Wireless Facility Page 2
x Proposed Project: The applicant proposes to install new antennas and equipment on an existing ball field light standard and new ground-mounted equipment within an existing enclosure that is attached to the public restrooms. The improvements proposed for wireless telecommunication facility includes new equipment at the height of 67 feet on the existing 79-foot, five-inches tall light standard which is the same height as the previous equipment.
x The flush mounted antenna and equipment on the light standard is consistent with the Wireless Master Plan’s (WMP) pre-approved design (Attachment 5) and with the other two wireless facilities in the park. The light standard equipment includes six-panel antennas, six pipe mounts, and 12 remote radio heads that would be painted to match the light standard.
x The ground mounted equipment within the enclosure includes cabinets, power conduit, conduit and fiber box, GPS unit, and meter socket. x On April 12, 2023, the DRSC (Attachment 4) reviewed the application and supported the proposed project design because the flush mounted equipment on the light standard is consistent with the pre-approved design for the Wireless Master Plan.
x Approval Authority: Zoning Ordinance Section 17.16.130 requires Zoning Administrator approval of a City Antenna Permit (CAP) to allow a telecommunication facility on City property.
x Project Re-Noticed: The Zoning Administrator previously considered this item at the August 17, 2023 public hearing. However, staff discovered after the fact that the noticing materials were published but not mailed to the appropriate radius. Staff has re-published and mailed notices for this de-novo public hearing on this item. The project details and staff recommendation remain the same as presented in the staff report dated August 17, 2023.
x Project Findings: Staff supports the proposed request for the City Antenna Permit and the project meets the required finding because:
x The maximum height for structures in the OS1 zone is subject to the discretionary review. The height of the proposed wireless facility is not increasing the height of the existing light standard and is consistent with similar adjacent wireless facilities at San Gorgonio Park and the pre-approved design of the WMP; x The design and location of the wireless facility will not interfere with the transmission or reception of other signals in the City, which are also protected by Conditions of Approval 7.18 and 7.19;
x The project does not create adverse visual impacts to the surrounding area or the City at large because the flush mounted wireless equipment is consistent with the WMP and the existing wireless facilities at the Park. The equipment on the light standard will be painted to blend in with the light standard; x The flush mounted wireless equipment on the light standard is consistent with the pre-approved design concepts for the City properties as identified in the Wireless Master Plan.
26 DISH Wireless Facility Page 3
x CEQA: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 of the CEQA Guidelines (14 CCR§ 15301, Class 1e: Existing Facilities) and Section 15303 of the CEQA Guidelines (14 CCR§ 15303, Class 3: New Construction or Conversion of Small Structures) because:
x The project involves the installation of new wireless equipment to an existing light standard and the addition of new ground mounted equipment within an existing equipment enclosure.
x The project design is consistent with the City’s pre-approved design for the WMP for ball field light standards.
x The project will not result in a cumulative impact from successive projects of the same type in the same place, over time. There are no unusual circumstances surrounding the project that result in a reasonably possibility of a significant effect on the environment.
x Public Comment: No public comments have been received on this item.

RECOMMENDATION
Staff recommends that the Zoning Administrator:

1. Determine the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section 15301 of the CEQA Guidelines (14 CCR§ 15301, Class 1e: Existing Facilities) and Section 15303 of the CEQA Guidelines (14 CCR§ 15303, Class 3: New Construction or Conversion of Small Structures); and

2. Adopt Resolution ZA 23-014, approving City Antenna Use Permit 23-103, DISH Wireless Facility, subject to attached conditions of approval.

Attachments:

1. Resolution ZA 23-014
Exhibit A - Conditions of Approval

2. Location Map

3. Photo simulations

4. DRSC minutes, 4-12-2023

5. Wireless Master Plan Pre-Approved Light Standard Designs for San Gorgonio Park and Appendix B (Light Standard Designs)

6. EME/RF Analysis

7. Plans
27 RESOLUTION NO. ZA 23-014

A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING CITY
ANTENNA PERMIT 23-103, DISH WIRELESS FACILITY, TO

ALLOW THE INSTALLATION OF ANTENNAS AND

EQUIPMENT ON AN EXISTING BALL FIELD LIGHT

STANDARD AND IN AN EXISTING EQUIPMENT
ENCLOSURE, LOCATED AT 2916 VIA SAN GORGOINO, AND

FINDING THE PROJECT IS CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
UNDER SECTION 15301 OF THE CEQA GUIDELINES (14
CCR§ 15301, CLASS 1e: EXISTING FACILITIES) AND
SECTION 15303 OF THE CEQA GUIDELINES (14 CCR§
15303, CLASS 3: NEW CONSTRUCTION OR CONVERSION

OF SMALL STRUCTURES)

WHEREAS, on March 22, 2023, an application was submitted by Peter Blied, for City Antenna Permit (CAP) 23-103, and deemed complete on July 14, 2023 to install antennas and equipment on an existing ball field light standard and in an existing equipment enclosure located at 2916 Via San Gorgonio, within the in the Open Space Public (OS1) zone. The site’s legal description is portion of parcel 17 Record of Survey Book 4

WHEREAS, the Planning Division has completed an initial environmental assessment of the above matter in accordance with the California Environmental Quality Act (CEQA) and recommends the Zoning Administrator determine the project is categorically exempt from CEQA pursuant to State CEQA Guidelines Section 15301 of the CEQA Guidelines (14 CCR§ 15301, Class 1e: Existing Facilities) and Section 15303 of the CEQA Guidelines (14 CCR§ 15303, Class 3: New Construction or Conversion of Small Structures). This is recommended because the request is limited to the installation of new wireless equipment on an existing ball field light standard and ground mounted equipment within an abandoned equipment enclosure; and
WHEREAS, the Development Management Team (DMT) reviewed the proposed project, and staff issued a comment letter on June 29, 2023 to the applicant to ensure compliance with General Plan, Zoning Ordinance, and other applicable City ordinances, codes, and policies;
WHEREAS, on August 17, 2023, the Zoning Administrator of the City of San Clemente held a public hearing on the subject application; however staff discovered that the printed noticing materials were not correctly mailed out to the appropriate radius surrounding the subject property; and
WHEREAS, notices were published and mailed correctly to alert the public of a denovo public hearing on this item scheduled for October 19, 2023; and 28 Resolution No. ZA 23-014 Page 2
Whereas on October 19, 2023, the Zoning Administrator of the City of San Clemente held a public hearing on the subject application and considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties.

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

Section 1. Incorporation of Recitals.

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

Section 2. CEQA Findings.

Based upon its review of the entire record, including the Staff Report, any public comments or testimony presented to the Zoning Administrator, and the facts outlined below, the Zoning Administrator hereby finds and determines that the proposed project is Categorically Exempt from CEQA pursuant to State CEQA Guidelines 15301 (14 CCR§ 15301, Class 1e: Existing Facilities) and 15303 (14 CCR§ 15303, Class 3: New Construction or Conversion of Small Structures).

Furthermore, none of the exceptions to the use of the Class 1 and 3 categorical exemptions identified in State CEQA Guidelines section 15300.2 apply. The project will not result in a cumulative impact from successive projects of the same type in the same place, over time. There are no unusual circumstances surrounding the project that result in a reasonably possibility of a significant effect on the environment. The project is not in a scenic corridor, will not alter or impact historic resources, and does not include any hazardous waste sites. The project consists of the install of antennas and equipment on an existing ball field light standard and in an existing equipment enclosure. Thus, the Class 1 and 3 exemptions applies, and no further environmental review is required.

Section 3. City Antenna Permit Findings
With respect to City Antenna Permit (CAP) 23-103, the Zoning Administrator finds as follows:

A. The proposed project complies with the height limitations of the zoning district in which the project is proposed, in that:

1. The maximum height for structures in the OS1 zone is subject to the discretionary review and the project height is consistent with the previous wireless facility on the light standard and the design requirements of the Wireless Master Plan; and

2. The height of the proposed wireless facility is consistent with adjacent wireless facilities at San Gorgonio Park; and
29 Resolution No. ZA 23-014 Page 3

3. The facility is compatible with adjacent land uses, as required by Policy 9-2 of the Public Services, Facilities, and Utilities Element of the General Plan, because it is sited on public property serving an industrial use, and it is painted to match the color of the light standard to comply with the requirements of the Wireless Master Plan; and

4. The development of a wireless facility at this location was anticipated by the City’s 2008 Wireless Master Plan WMP.

B. The proposed project does not interfere with the transmission or reception of other signals in the City, in that:

1. The design and location of the wireless facility will not interfere with the transmission or reception of other signals in the City, which are also protected by Conditions of Approval 7.18 and 7.19; and

2. The proposed wireless facility will improve phone and internet service and coverage for members of the public in the vicinity; and

3. The antennas do not interfere with the transmission or reception of other signals in the City according to the technical evidence provided by the applicant. DISH Wireless operates on its own frequency that should not affect the City’s Supervisory Control and Data Acquisition radio system or any other transmission or reception equipment; and

4. The transmission or reception of the signal has not been demonstrated to pose a threat to the public health or safety. The applicant provided an electromagnetic energy / radio frequency (EME/RF) report to validate operations within allowed FCC bounds.

C. The proposed project does not create adverse visual impacts to the surrounding area or to the City at large, in that:

1. The project does not create adverse visual impacts to the surrounding area or the City at large because the flush mounted wireless equipment is consistent with the Wireless Master Plan and the existing wireless facilities at the Park; and

2. The development of a wireless facility at this location was anticipated by the City’s 2008 Wireless Master Plan WMP; and

3. The proposed antennas do not create adverse visual impacts to the surrounding area or to the City at large as determined by the City’s Design Review Subcommittee.
30 Resolution No. ZA 23-014 Page 4
D. The proposed project is consistent with the pre-approved design concepts for City properties identified in the City of San Clemente Wireless Master Plan, in that:

1. The flush mounted wireless equipment on the light standard will be painted to match the color of the light standard and is consistent with the preapproved design concepts for the City properties as identified in the Wireless Master Plan; and

2. The project was determined by the City through the Design Review Subcommittee’s review of the proposed flush mounted equipment on the ball field light standard and ground mounted equipment with the existing enclosure to be consistent with the Wireless Master Plan.

Section 4. Zoning Administrator Approval.

Based on the foregoing recitals and findings, and the written and oral comments, facts, and evidence presented, the City of San Clemente Zoning Administrator approves City Antenna Permit 23-103, DISH Wireless Facility, subject to the Conditions of Approval set forth in Exhibit A.

PASSED AND ADOPTED at a regular meeting of the City of San Clemente Zoning Administrator on October 19, 2023.
______________________________________
Adam Atamian, Zoning Administrator
31 Resolution No. ZA 23-014 EXHIBIT A

CONDITIONS OF APPROVAL
CITY ANTENNA PERMIT 23-103

DISH WIRELESS FACILITY

1.0 GENERAL CONDITIONS OF APPROVAL

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

Failure to submit this acknowledgement may be grounds to revoke this approval.

Planning

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

Planning

1.3 Use and development of this property shall be in substantial conformance with the approved plans, material boards and other applicable information submitted with this application, and with these conditions of approval.

Planning

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

All

1.5 1.6
The entitlements approved herein shall be deemed to have expired if within three years of approval the project is not commenced, or the project permitted by the approved application has lapsed, as defined by Zoning Ordinance Section 17.12.150.

The Applicant (including any property owners and managers, and their designees) shall be responsible for ensuring that if this wireless facility becomes inactive, the applicant will be responsible for removing all of the equipment at their expense. The removal shall take place no more than 90 (ninety) days after the wireless facility ceases to be utilized for the provision of wireless signal Planning
Planning
**
32 Resolution No. ZA 23-014, Exhibit A Page 2
transmission.

4.0 4.1

4.2 4.3

4.4 4.5

7.0 PRIOR TO ISSUANCE OF BUILDING PERMITS
Prior to the issuance of a Building Permit the applicant shall obtain an encroachment permit for work and staging within the San Gorgonio Park and parking lot to allow the coordination and work in the park area.

The working drawings shall include within the first four pages a list of all conditions of approval included in this resolution.

The applicant shall demonstrate to the City Planner that the project has secured approval from the California Coastal Commission.

The project proponent must enter into a lease agreement with the City prior to erecting any antenna and the duration of the development is subject to terms within that lease agreement. The City Council shall review the proposed terms and determine whether to enter into said lease agreement.

The Antennas shall be painted to match the light standard and cables shall be concealed inside the light standard.

OPERATIONAL CONDITIONS OF APPROVAL

ENG
**
Planning
Planning
Planning
**
Planning
**

7.16 The carrier shall comply with applicable Federal Communications Commission (FCC) requirements, per the Radio Frequency (RF) study, including, but not limited to requirements related to permissible levels of radio frequency emissions.

Planning
**

7.17 To prevent exposures in excess of the FCC guidelines, no access within 10 feet directly in front of the antennas (horizontal plane of antenna) should be allowed while the base station is in operation, unless other measures can be demonstrated to ensure that occupational protection requirements are met.

Planning
**

7.18 The carrier shall provide in writing that the proposed antennas do not interfere with the transmission or reception of the City SCADA communication system and other communication equipment.

Planning
**

7.19 The cellular communication facility shall not interfere with the function and operation of any utility communication equipment (e.g. City SCADA system) or control signals. If interference is found to be caused by the communication facility, the operator shall follow the FCC process to mitigate and resolve the issues. If Planning
**
33 Resolution No. ZA 23-014, Exhibit A Page 3
project modifications are necessary, the changes shall be reviewed and approved in compliance with the Zoning Ordinance and other applicable regulations.

7.20 7.21
The carrier shall allow other carriers to collocate at the cellular facility with antennas placed on the ball field light standard.

Cellular Carrier shall report without delay any damage to City equipment or property and shall be held responsible for the replacement of any such damage caused by construction
activities.

Planning
**
Planning
**

7.22 The Applicant (including any property owners and managers, and their designees) shall ensure all equipment, walls, and fences are maintained in compliance with the approved plans.

Planning
**

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

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

Code
Comp
**

7.24 The Applicant (including any property owners and managers, and their designees) shall be responsible for ensuring that no noisegenerating maintenance activities on the subject property are conducted between the hours of ten (10:00) p.m. and seven (7:00) a.m. [Citation - Section 8.48.070(P) of the SCMC] If emergency repairs are required during these standard quiet hours to mitigate storm damage, a safety hazard, or other unforeseen event, the Applicant shall inform the City in writing (Planning@sanclemente.org) of the emergency repairs.

Code
Comp
**
*
**
Denotes a modified Standard Condition of Approval
Denotes a project-specific Condition of Approval

34 AVENIDA VAQUERO
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36 EX.lSTJJ'J!J
Proposed antennas, OVP and RRH units
mounted to existing field light standard
(existing abandoned antennas and mounts
to be removed)
Proposed equipment located within
existing abandoned equipment
enclosure adjacent to restroom
faci lities
Gorgonio
LSSNA01191A
2916 Via Gorgonio
San Clemente, CA 92624
dish wireless
37 EXEJT!.tl£1
Proposed antennas, OVP and RRH units
mounted to existing field light standard
(existing abandoned antennas and mounts
to be removed)
Proposed equipment located within
existing abandoned equipment
enclosure adjacent to restroom
facilities
Gorgonio
LSSNA01191A
2916 Via Gorgonio
San Clemente, CA 92624
dish wireless
38 Gorgonio
LSSNA01191A
2916 Via Gorgonio
San Clemente, CA 92624
dish wireless
Proposed antennas, OVP and RRH units
mounted to existing field light standard
(existing abandoned antennas and mounts
to be removed)
Proposed equipment located within
existing abandoned equipment
enclosure adjacent to restroom
facilities
$77$&+0(17
39 Design Review Subcommittee Regular Meeting Minutes April 121 2023

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

DESIGN REVIEW SUBCOMMITTEE
APRIL 12, 2023

Subcommittee Members Present: Chair Steven Camp, Cameron Cosgrove, Bart Crandell
Subcommittee Members Absent: None
Staff Present:

1. MINUTES
None
Adam Atamian, Deputy Community Development Director,
Contract Planner John Ciampa

2. ARCHITECTURAL REVIEW OF THE FOLLOWING ITEMS:

A. City Antenna Permit 23-103 Dish Wireless Telecommunications Facility (Ciampa)
A request to install antennas and equipment on an existing ball field light standard and equipment enclosure in the San Gorgonio City Park at 2916 Via Gorgonio.

Contract Planner John Ciampa summarized the staff report.

Chair Camp opened the item for public comments. There was no one present to speak on this item.

The Design Review Subcommittee (DRSC) discussed the project, and made the following comments either individually or as a group:
• The DRSC supported the project design for alternative two because the flush mounted antenna and equipment design on the light standard complies with the Wireless Master Plan.

The Subcommittee supported the applicants proposed alternative two design and recommended the project move forward to the Zoning Administrator for final consideration.

3. NEW BUSINESS
None

4. OLD BUSINESS
None
40 Design Review Subcommittee Regular Meeting Minutes April 12, 2023 Page2

5. ORAL AND WRITTEN COMMUNICATION
None

ADJOURNMENT
Adjourned to the April 26, 2023 DRSC meeting at 3:00 p.m. , San Clemente City Hall, First Floor Community Room, 910 Calle Negocio, San Clemente, CA.

Respectfully submitted,
mmittee Member
Attest:
•
ommunity Development Director
City of San Clemente
Wireless Master Plan Pre-Approved Designs for City Properties 33 Site 3. San Gorgonio Park
Light Standard Design
San Gorgonio Park has multiple ball field light
poles that can be replaced as a single carrier
per pole. The design should minimize the
appearance of the antennas to the best
possible extent.

Existing Verizon and
T-Mobile locations -
utilizing ball field light
standards.

In the case of San Gorgonio
Park, a stealth mono-tree may
draw more attention to itself
than flush-mounting antennas
on one of the park’s 18 ball
field light standard.

The accompanying base station
equipment can be located in an
enclosure (12’Wx18’Lx9’H) adjacent
to the park’s restroom / storage
building and designed to match the
color and texture of the existing
building’s façade. Equipment
enclosure or building should be built
at a size that would accommodate a
multiple number of carriers.
$77$&+0(17
41 42
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City of San Clemente
Wireless Master Plan
Antenna Mounting Systems:

Parking Lot Light & Street Lights
Appendix 'B'
Light Standards up to 40 feet in height with low profile/flush-mounted antennas, or antennas incorporated into a ray dome with a maximum diameter of 18" may be considered. Antennas should be painted to match the color of the structure.

All cables should be concealed within the structure.

Ball Field Light Standards
Ball Field Type Light Standards up to 75 feet in height with either flush-mounted antennas (using low-profile mounting brackets) or screened antennas may be considered. Antennas should be painted to match the Light Standard and cables should be concealed inside the structure.

Flag Poles
Flag Pole(s) with antennas and cables may be mounted inside the structure and the ray-dome does (antenna covering) not exceed 18 inches in diameter may be considered. Pole must be able to fly a flag. A grouping of up to three Flag Poles may be allowed. Flag poles should not exceed the maximum height limit of the zone.

Monopoles
Monopoles
- shall not be allowed. Co-location on existing monopoles should require that the monopole be replaced with a monotree type structure - subject
to SB1627.

Lattice Towers
Lattice Towers
- No new lattice tower type structures should be allowed. Colocation on an existing lattice type tower may be allowed providing the antennas are painted to match the structure and coaxial cables are run on the inside legs of the structure.

Power Line Towers
Power Line Towers
- collocation on existing power line towers may be allowed, providing the antennas are mounted to the vertical structure when possible, using low-profile mounting brackets and coaxial cables are run inside the structure if possible, and the tower does not need to be altered in any other way structurally. If the tower structure cannot accommodate interior cables then the cables should be painted to match the color of the tower structure.

Water Tanks
Antennas mounted on existing water tanks that are flush-mounted with lowprofile mounting brackets may be allowed. Antennas should be painted to match the color of the tank structure and mounting brackets should not be visible. Coaxial cables should be painted to match the color of the structure. 116
Radio Frequency - Electromagnetic Energy
(RF-EME) Jurisdictional Report
Site No. LSSNA01191A
2916 Via Gorgonio
San Clemente, California 92624
33° 26' 59.70'' N, -117° 38' 31.42'' W NAD83
EBI Project No. 6221006037
October , 2021
Prepared for:

Dish Wireless
Prepared by:
$77$&+0(17
43 RF-EME Compliance Report Site No. LSSNA01191A
EBI Project No. 6221006037 2916 Via Gorgonio, San Clemente, California EBI Consulting

TABLE OF CONTENTS
EXECUTIVE SUMMARY .................................................................................................................... 1

1.0 INTRODUCTION .................................................................................................................... 2

2.0 SITE DESCRIPTION ............................................................................................................... 2

3.0 WORST-CASE PREDICTIVE MODELING ................................................................................ 3

4.0 MITIGATION/SITE CONTROL OPTIONS ............................................................................... 4

5.0 SUMMARY AND CONCLUSIONS ............................................................................................ 5

6.0 LIMITATIONS ........................................................................................................................ 5

APPENDICES

APPENDIX A CERTIFICATIONS

APPENDIX B RADIO FREQUENCY ELECTROMAGNETIC ENERGY SAFETY / SIGNAGE PLANS

APPENDIX C FEDERAL COMMUNICATIONS COMMISSION (FCC) REQUIREMENTS

REFERENCE DOCUMENTS (NOT ATTACHED)
CDS: LSSNA01191A_ZD_20210712090537
RFDS: RFDS-LSSNA01191A-PRELIMINARY-20210429-V.1_20210429103449 44 RF-EME Compliance Report Site No. LSSNA01191A
EBI Project No. 6221006037 2916 Via Gorgonio, San Clemente, California EBI Consulting ™ 21 B Street ™ Burlington, MA 01803 ™ 1.800.786.2346 1

EXECUTIVE SUMMARY
Purpose of Report
EnviroBusiness Inc. (dba EBI Consulting) has been contracted by Dish Wireless to conduct radio frequency electromagnetic (RF-EME) modeling for Dish Wireless Site LSSNA01191A located at 2916 Via Gorgonio in San Clemente, California to determine RF-EME exposure levels from proposed Dish Wireless communications equipment at this site. As described in greater detail in Appendix C of this report, the Federal Communications Commission (FCC) has developed Maximum Permissible Exposure (MPE) Limits for the general public and for occupational activities. This report summarizes the results of RF-EME modeling in relation to relevant FCC RF-EME compliance standards for limiting human exposure to RFEME fields.

Statement of Compliance
A site is considered out of compliance with FCC regulations if there are areas that exceed the FCC exposure limits and there are no RF hazard mitigation measures in place. Any carrier which has an installation that contributes more than 5% of the applicable MPE must participate in mitigating these RF hazards.

As presented in the sections below, based on worst-case predictive modeling, there are no modeled areas on any accessible rooftop or ground-level walking/working surface related to the proposed antennas that exceed the FCC’s occupational or general public exposure limits at this site.

At the nearest walking/working surfaces to the Dish Wireless antennas, the maximum power density generated by the DISH antennas is approximately 1.77 percent of the FCC’s general public limit (0.35 percent of the FCC’s occupational limit).

The composite exposure level from all carriers on this site is approximately 1.77 percent of the FCC’s general public limit (0.35 percent of the FCC’s occupational limit) at the nearest walking/working surface to each antenna.

Recommended control measures are outlined in Section 4.0 and within the Site Safety Plan (attached); Dish Wireless should also provide procedures to shut down and lockout/tagout this wireless equipment in accordance with their own standard operating protocol. Non-telecom workers who will be working in areas of exceedance are required to contact Dish Wireless since only DISH has the ability to lockout/tagout the facility, or to authorize others to do so. 45 RF-EME Compliance Report Site No. LSSNA01191A
EBI Project No. 6221006037 2916 Via Gorgonio, San Clemente, California EBI Consulting ™ 21 B Street ™ Burlington, MA 01803 ™ 1.800.786.2346 2

1.0 INTRODUCTION
Radio frequency waves are electromagnetic waves from the portion of the electromagnetic spectrum at frequencies lower than visible light and microwaves. The wavelengths of radio waves range from thousands of meters to around 30 centimeters. These wavelengths correspond to frequencies as low as 3 cycles per second (or hertz [Hz]) to as high as one gigahertz (one billion cycles per second).

Personal Communication (PCS) facilities used by Dish Wireless in this area will potentially operate within a frequency range of 600 to 5000 MHz. Facilities typically consist of: 1) electronic transceivers (the radios or cabinets) connected to wired telephone lines; and 2) antennas that send the wireless signals created by the transceivers to be received by individual subscriber units (PCS telephones). Transceivers are typically connected to antennas by coaxial cables.

Because of the short wavelength of PCS services, the antennas require line-of-site paths for good propagation, and are typically installed a distance above ground level. Antennas are constructed to concentrate energy towards the horizon, with as little energy as possible scattered towards the ground or the sky. This design, combined with the low power of PCS facilities, generally results in no possibility for exposure to approach Maximum Permissible Exposure (MPE) levels, with the exception of in areas in the immediate vicinity of the antennas.

MPE limits do not represent levels where a health risk exists, since they are designed to provide a substantial margin of safety. These limits apply for continuous exposures and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size or health.

2.0 SITE DESCRIPTION
This project site includes the following proposed wireless telecommunication antennas on a monopole located at 2916 Via Gorgonio in San Clemente, California.

Ant #
Operator
Antenna Make
Antenna Model
Frequency (MHz)
Azimuth (deg.)
Mechanical
Downtilt (deg.)
Horizontal
Beamwidth
(Degrees)
Aperture (feet)
Total Power Input
(Watts)
Gain (dBd)*
Total ERP (Watts)
Total EIRP (Watts)
1 Dish CELLMAX CMA-UBTULBULBHH-6516-16-21-21 02DT 600 600 340 0 71 6.0 120 19.25 8998.73 14757.92 1 Dish CELLMAX CMA-UBTULBULBHH-6516-16-21-21 01DT 2100 2100 340 0 67 6.0 160 24.05 36234.31 59424.27 1 Dish CELLMAX CMA-UBTULBULBHH-6516-16-21-21 01DT 2300 2300 340 0 63 6.0 160 24.05 36234.31 59424.27 2 Dish CELLMAX CMA-UBTULBULBHH-6516-16-21-21 02DT 600 600 340 0 71 6.0 120 19.25 8998.73 14757.92 2 Dish CELLMAX CMA-UBTULBULBHH-6516-16-21-21 01DT 2100 2100 340 0 67 6.0 160 24.05 36234.31 59424.27 2 Dish CELLMAX CMA-UBTULBULBHH-6516-16-21-21 01DT 2300 2300 340 0 63 6.0 160 24.05 36234.31 59424.27 3 Dish CELLMAX CMA-UBTULBULBHH-6516-16-21-21 02DT 600 600 100 0 71 6.0 120 19.25 8998.73 14757.92 3 Dish CELLMAX CMA-UBTULBULBHH-6516-16-21-21 01DT 2100 2100 100 0 67 6.0 160 24.05 36234.31 59424.27 3 Dish CELLMAX CMA-UBTULBULBHH-6516-16-21-21 01DT 2300 2300 100 0 63 6.0 160 24.05 36234.31 59424.27 4 Dish CELLMAX CMA-UBTULBULBHH-6516-16-21-21 02DT 600 600 100 0 71 6.0 120 19.25 8998.73 14757.92 4 Dish CELLMAX CMA-UBTULBULBHH-6516-16-21-21 01DT 2100 2100 100 0 67 6.0 160 24.05 36234.31 59424.27 4 Dish CELLMAX CMA-UBTULBULBHH-6516-16-21-21 01DT 2300 2300 100 0 63 6.0 160 24.05 36234.31 59424.27 5 Dish CELLMAX CMA-UBTULBULBHH-6516-16-21-21 04DT 600 600 220 0 71 6.0 120 19.25 8998.73 14757.92 5 Dish CELLMAX CMA-UBTULBULBHH-6516-16-21-21 03DT 2100 2100 220 0 66 6.0 160 24.05 36234.31 59424.27 5 Dish CELLMAX CMA-UBTULBULBHH-6516-16-21-21 03DT 2300 2300 220 0 63 6.0 160 24.05 36234.31 59424.27 6 Dish CELLMAX CMA-UBTULBULBHH-6516-16-21-21 04DT 600 600 220 0 71 6.0 120 19.25 8998.73 14757.92 6 Dish CELLMAX CMA-UBTULBULBHH-6516-16-21-21 03DT 2100 2100 220 0 66 6.0 160 24.05 36234.31 59424.27 46 RF-EME Compliance Report Site No. LSSNA01191A
EBI Project No. 6221006037 2916 Via Gorgonio, San Clemente, California EBI Consulting ™ 21 B Street ™ Burlington, MA 01803 ™ 1.800.786.2346 3 6 Dish CELLMAX CMA-UBTULBULBHH-6516-16-21-21 03DT 2300 2300 220 0 63 6.0 160 24.05 36234.31 59424.27 • Note there are 2 Dish Wireless antennas per sector at this site. For clarity, the different frequencies for each antenna are entered on separate lines.
• Gain includes antenna and combiner.

Ant # NAME X Y
Antenna
Radiation
Centerline
Z-Height
Ground
1 Dish 1.0 3.2 55.0 55.0
2 Dish 6.7 5.1 55.0 55.0
3 Dish 12.7 0.0 55.0 55.0
4 Dish 11.5 5.8 55.0 55.0
5 Dish 4.4 8.7 55.0 55.0
6 Dish 0.4 4.8 55.0 55.0
• Note the Z-Height represents the distance from the antenna centerline in feet.

The above tables contain an inventory of proposed Dish Wireless antennas and other carrier antennas if sufficient information was available to model them. Note that EBI uses an assumed set of antenna specifications and powers for unknown and other carrier antennas for modeling purposes. The FCC guidelines incorporate two separate tiers of exposure limits that are based upon occupational/controlled exposure limits (for workers) and general population/uncontrolled exposure limits for members of the general public that may be exposed to antenna fields. While access to this site is considered uncontrolled, the analysis has considered exposures with respect to both controlled and uncontrolled limits as an untrained worker may access adjacent rooftop locations. Additional information regarding controlled/uncontrolled exposure limits is provided in Appendix C. Appendix B presents a site safety plan that provides a plan view of the monopole with antenna locations.

3.0 WORST-CASE PREDICTIVE MODELING
EBI has performed theoretical MPE modeling using RoofMaster™ software to estimate the worst-case power density at the site’s nearby broadcast levels resulting from operation of the antennas. RoofMaster™ is a widely-used predictive modeling program that has been developed by Waterford Consultants to predict RF power density values for rooftop and tower telecommunications sites produced by vertical collinear antennas that are typically used in the cellular, PCS, paging and other communications services.

Using the computational methods set forth in Federal Communications Commission (FCC) Office of Engineering & Technology (OET) Bulletin 65, “Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields” (OET-65), RoofMaster™ calculates predicted power density in a scalable grid based on the contributions of all RF sources characterized in the study scenario.

At each grid location, the cumulative power density is expressed as a percentage of the FCC limits.

Manufacturer antenna pattern data is utilized in these calculations. RoofMaster™ models consist of the Far Field model as specified in OET-65 and an implementation of the OET-65 Cylindrical Model (Sula9).

The models utilize several operational specifications for different types of antennas to produce a plot of spatially-averaged power densities that can be expressed as a percentage of the applicable exposure limit.

For this report, EBI utilized antenna and power data provided by Dish Wireless and compared the resultant worst-case MPE levels to the FCC’s occupational/controlled exposure limits outlined in OET Bulletin 65. The assumptions used in the modeling are based upon information provided by Dish Wireless and information gathered from other sources. Elevations of walking/working surfaces were estimated based on elevations provided and available aerial imagery. Sector orientation assignments were made assuming coverage is directed to areas of site. Changes to antenna mount heights or placement will impact 47 RF-EME Compliance Report Site No. LSSNA01191A
EBI Project No. 6221006037 2916 Via Gorgonio, San Clemente, California EBI Consulting ™ 21 B Street ™ Burlington, MA 01803 ™ 1.800.786.2346 4 site compliance. The parameters used for modeling are summarized in the Site Description antenna inventory table in Section 2.0.

There are no other wireless carriers with equipment installed at this site.

Based on worst-case predictive modeling, there are no modeled areas on any accessible rooftop or ground-level walking/working surface related to the proposed Dish Wireless antennas that exceed the FCC’s occupational or general public exposure limits at this site. At the nearest walking/working surfaces to the Dish Wireless antennas, the maximum power density generated by the Dish Wireless antennas is approximately 1.77 percent of the FCC’s general public limit (0.35 percent of the FCC’s occupational limit). The composite exposure level from all carriers on this site is approximately 1.77 percent of the FCC’s general public limit (0.35 percent of the FCC’s occupational limit) at the nearest walking/working surface to each antenna.

The Site Safety Plan also presents areas where Dish Wireless antennas contribute greater than 5% of the applicable MPE limit for a site. A site is considered out of compliance with FCC regulations if there are areas that exceed the FCC exposure limits and there are no RF hazard mitigation measures in place. Any carrier which has an installation that contributes more than 5% of the applicable MPE must participate in mitigating these RF hazards.

The inputs used in the modeling are summarized in the Site Description antenna inventory table in Section

2.0. A graphical representation of the RoofMaster™ modeling results is presented in Appendix B.

Microwave dish antennas are designed for point-to-point operations at the elevations of the installed equipment rather than ground level coverage. The maximum power density generated by all carrier antennas, including microwaves and panel antennas, is included in the modeling results presented within this report.

4.0 MITIGATION/SITE CONTROL OPTIONS
EBI’s modeling indicates that there are no areas in front of the Dish Wireless antennas that exceed the FCC standards for occupational or general public exposure. All exposures above the FCC’s safe limits require that individuals be elevated above the ground. In order to alert people accessing the monopole, a Warning sign and an NOC Information sign are recommended for installation 10 feet above ground level at the base of the monopole.

Barriers are recommended for installation when possible to block access to the areas in front of the antennas that exceed the FCC general public and/or occupational limits. Barriers may consist of rope, chain, or fencing. Painted stripes should only be used as a last resort. There are no barriers recommended on this site.

These protocols and recommended control measures have been summarized and included with a graphic representation of the antennas and associated signage and control areas in a RF-EME Site Safety Plan, which is included as Appendix B. Individuals and workers accessing the monopole should be provided with a copy of the attached Site Safety Plan, made aware of the posted signage, and signify their understanding of the Site Safety Plan.

To reduce the risk of exposure, EBI recommends that access to areas associated with the active antenna installation be restricted and secured where possible.

Implementation of the signage recommended in the Site Safety Plan and in this report will bring this site into compliance with the FCC’s rules and regulations.
48 RF-EME Compliance Report Site No. LSSNA01191A
EBI Project No. 6221006037 2916 Via Gorgonio, San Clemente, California EBI Consulting ™ 21 B Street ™ Burlington, MA 01803 ™ 1.800.786.2346 5

5.0 SUMMARY AND CONCLUSIONS
EBI has prepared a Radiofrequency – Electromagnetic Energy (RF-EME) Compliance Report for telecommunications equipment installed by Dish Wireless Site Number LSSNA01191A located at 2916 Via Gorgonio in San Clemente, California to determine worst-case predicted RF-EME exposure levels from wireless communications equipment installed at this site. This report summarizes the results of RFEME modeling in relation to relevant Federal Communications Commission (FCC) RF-EME compliance standards for limiting human exposure to RF-EME fields.

As presented in the sections above, based on the FCC criteria, there are no modeled areas on any accessible rooftop or ground-level walking/working surface related to the proposed antennas that exceed the FCC’s occupational or general public exposure limits at this site.

Workers should be informed about the presence and locations of antennas and their associated fields.

Recommended control measures are outlined in Section 4.0 and within the Site Safety Plan (attached); Dish Wireless should also provide procedures to shut down and lockout/tagout this wireless equipment in accordance with their own standard operating protocol. Non-telecom workers who will be working in areas of exceedance are required to contact Dish Wireless since only Dish Wireless has the ability to lockout/tagout the facility, or to authorize others to do so.

6.0 LIMITATIONS
This report was prepared for the use of Dish Wireless. It was performed in accordance with generally accepted practices of other consultants undertaking similar studies at the same time and in the same locale under like circumstances. The conclusions provided by EBI are based solely on the information provided by the client. The observations in this report are valid on the date of the investigation. Any additional information that becomes available concerning the site should be provided to EBI so that our conclusions may be revised and modified, if necessary. This report has been prepared in accordance with Standard Conditions for Engagement and authorized proposal, both of which are integral parts of this report. No other warranty, expressed or implied, is made.
49 RF-EME Compliance Report Site No. LSSNA01191A
EBI Project No. 6221006037 2916 Via Gorgonio, San Clemente, California EBI Consulting ™ 21 B Street ™ Burlington, MA 01803 ™ 1.800.786.2346 Appendix A
Certifications
50 RF-EME Compliance Report Site No. LSSNA01191A
EBI Project No. 6221006037 2916 Via Gorgonio, San Clemente, California EBI Consulting ™ 21 B Street ™ Burlington, MA 01803 ™ 1.800.786.2346 Preparer Certification
I, Colin Mounce, state that:
ƒ I am an employee of EnviroBusiness Inc. (d/b/a EBI Consulting), which provides RF-EME safety and compliance services to the wireless communications industry. ƒ I have successfully completed RF-EME safety training, and I am aware of the potential hazards from RF-EME and would be classified “occupational” under the FCC regulations. ƒ I am fully aware of and familiar with the Rules and Regulations of both the Federal Communications Commissions (FCC) and the Occupational Safety and Health Administration (OSHA) with regard to Human Exposure to Radio Frequency Radiation.
ƒ I have reviewed the data provided by the client and incorporated it into this Site Compliance Report such that the information contained in this report is true and accurate to the best of my knowledge.
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52 RF-EME Compliance Report Site No. LSSNA01191A
EBI Project No. 6221006037 2916 Via Gorgonio, San Clemente, California EBI Consulting ™ 21 B Street ™ Burlington, MA 01803 ™ 1.800.786.2346 Appendix B
Radio Frequency Electromagnetic Energy
Safety Information and Signage Plans
53 RF-EME Compliance Report Site No. LSSNA01191A
EBI Project No. 6221006037 2916 Via Gorgonio, San Clemente, California EBI Consulting ™ 21 B Street ™ Burlington, MA 01803 ™ 1.800.786.2346 Nearest Walking Surface (Ground Level) Simulation
54 [I]
GROUND LEVEL=O'
-

SECTOR A
~; - ~ ' ~ ~ SECTOR B

SECTOR C
Percent M PE Legend
□ 0% • 100%
□ 100% • 500% -
□ 500% • 5000%
GROUND LEVEL=O' ■ 5000% +
Gener al Population Limits
Sula 9
1 0 loot grid size - (Avg: 0 to 6 Feet)
Carrier Color Code
I• DISH I -
I I
RF-EME Compliance Report Site No. LSSNA01191A
EBI Project No. 6221006037 2916 Via Gorgonio, San Clemente, California EBI Consulting ™ 21 B Street ™ Burlington, MA 01803 ™ 1.800.786.2346 Antenna Face Level Simulation
55 GROUND LEVEL=O
SECTOR___s
[I]
Percent M PE Legend
□ 0%-100%
100% - 500%
□ 500% - 5000%
■ 5000%+
Gener al Population Limits
Sula 9
1 0 loot grid size
[Avg 52 to 58 Feet)
Carrier Color Code I• DISH
RF-EME Compliance Report Site No. LSSNA01191A
EBI Project No. 6221006037 2916 Via Gorgonio, San Clemente, California EBI Consulting ™ 21 B Street ™ Burlington, MA 01803 ™ 1.800.786.2346 Dish Wireless Safety (Signage) Plan
Sign Posting Instructions Required Signage / Mitigation NOC Information
Information signs are used to provide contact information for any questions or concerns for personnel accessing the site.

Securely post 10 feet above ground level at the base of the monopole in a manner conspicuous to all individuals entering thereon as indicated in the signage plan.

Guidelines
Informational sign used to notify workers that there are active antennas installed and provide guidelines for working in RF environments.

Signage not required.

Notice
Used to notify individuals they are entering an area where the power density emitted from transmitting antennas may exceed the FCC’s MPE limit for the general public or occupational exposures.

Signage not required.

Caution
Used to notify individuals that they are entering a hot spot where either the general public or occupational FCC’s MPE limit is or could be exceeded.

Signage not required.

Warning
Used to notify individuals that they are entering a hot zone where the occupational FCC’s MPE limit has been exceeded by 10x.

Securely post 10 feet above ground level at the base of the monopole in a manner conspicuous to all individuals entering thereon as indicated in the signage plan.

Post 10 feet above
ground level at the base
of the tower.
56 l1,i5l1,.&,;:CISS?(l!Wl t1 0•
,,,., .,.,. w .. ,111111,.. ,,...,.,,_ ... -~•····- .. .. .a. NOTICE A
+- +-
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GROUND LEVEL=□'

SECTDRA
+ +

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SECTOR C
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GROUND LEVEL= □'
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□ 0%- 100%
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□ 500% • 5000%
■ 5000% +
General Population Limits
Sula 9
10 foot grid size
(Avg: 0 to 6 Feet)
Canier Color Code I• DISH
RF-EME Compliance Report Site No. LSSNA01191A
EBI Project No. 6221006037 2916 Via Gorgonio, San Clemente, California EBI Consulting ™ 21 B Street ™ Burlington, MA 01803 ™ 1.800.786.2346 Appendix C
Federal Communications
Commission (FCC) Requirements
57 RF-EME Compliance Report Site No. LSSNA01191A
EBI Project No. 6221006037 2916 Via Gorgonio, San Clemente, California EBI Consulting ™ 21 B Street ™ Burlington, MA 01803 ™ 1.800.786.2346 The FCC has established Maximum Permissible Exposure (MPE) limits for human exposure to Radiofrequency Electromagnetic (RF-EME) energy fields, based on exposure limits recommended by the National Council on Radiation Protection and Measurements (NCRP) and, over a wide range of frequencies, the exposure limits developed by the Institute of Electrical and Electronics Engineers, Inc. (IEEE) and adopted by the American National Standards Institute (ANSI) to replace the 1982 ANSI guidelines. Limits for localized absorption are based on recommendations of both ANSI/IEEE and NCRP.

The FCC guidelines incorporate two separate tiers of exposure limits that are based upon occupational/controlled exposure limits (for workers) and general public/uncontrolled exposure limits for members of the general public.

Occupational/controlled exposure limits apply to situations in which persons are exposed as a consequence of their employment and in which those persons who are exposed have been made fully aware of the potential for exposure and can exercise control over their exposure. Occupational/ controlled exposure limits also apply where exposure is of a transient nature as a result of incidental passage through a location where exposure levels may be above general public/uncontrolled limits (see below), as long as the exposed person has been made fully aware of the potential for exposure and can exercise control over his or her exposure by leaving the area or by some other appropriate means.

General public/uncontrolled exposure limits apply to situations in which the general public may be exposed or in which persons who are exposed as a consequence of their employment may not be made fully aware of the potential for exposure or cannot exercise control over their exposure. Therefore, members of the general public would always be considered under this category when exposure is not employment-related, for example, in the case of a telecommunications tower that exposes persons in a nearby residential area.

Table 1 and Figure 1 (below), which are included within the FCC’s OET Bulletin 65, summarize the MPE limits for RF emissions. These limits are designed to provide a substantial margin of safety. They vary by frequency to take into account the different types of equipment that may be in operation at a particular facility and are “time-averaged” limits to reflect different durations resulting from controlled and uncontrolled exposures.

The FCC’s MPEs are measured in terms of power (mW) over a unit surface area (cm2). Known as the power density, the FCC has established an occupational MPE of 5 milliwatts per square centimeter (mW/cm2) and an uncontrolled MPE of 1 mW/cm2 for equipment operating in the 1900 MHz frequency range. For the Dish Wireless equipment operating at 600 MHz or 850 MHz, the FCC’s occupational MPE is 2.83 mW/cm2 and an uncontrolled MPE of 0.57 mW/cm2. For the Dish Wireless equipment operating at 1900 MHz, the FCC’s occupational MPE is 5.0 mW/cm2 and an uncontrolled MPE limit of 1.0 mW/cm2.

These limits are considered protective of these populations. 58 RF-EME Compliance Report Site No. LSSNA01191A
EBI Project No. 6221006037 2916 Via Gorgonio, San Clemente, California EBI Consulting ™ 21 B Street ™ Burlington, MA 01803 ™ 1.800.786.2346 Table 1: Limits for Maximum Permissible Exposure (MPE)
(A) Limits for Occupational/Controlled Exposure
Frequency Range
(MHz)
Electric Field
Strength (E)
(V/m)
Magnetic Field
Strength (H)
(A/m)
Power Density (S)
(mW/cm2)
Averaging Time
[E]2, [H]2, or S
(minutes)

0.3-3.0 614 1.63 (100)* 6

3.0-30 1842/f 4.89/f (900/f2)* 6
30-300 61.4 0.163 1.0 6
300-I,500 -- -- f/300 6
1,500-100,000 -- -- 5 6
(B) Limits for General Public/Uncontrolled Exposure
Frequency Range
(MHz)
Electric Field
Strength (E)
(V/m)
Magnetic Field
Strength (H)
(A/m)
Power Density (S)
(mW/cm2)
Averaging Time
[E]2, [H]2, or S
(minutes)

0.3-1.34 614 1.63 (100)* 30

1.34-30 824/f 2.19/f (180/f2)* 30
30-300 27.5 0.073 0.2 30
300-I,500 -- -- f/1,500 30
1,500-100,000 -- -- 1.0 30
f = Frequency in (MHz)
* Plane-wave equivalent power density Power Density (mW/cm2) 59 Figure 1. FCC Limits for Maximum Permissible Exposure (MPE) Plane,-wave Equivalent Power Density
mo
10 5

0.2 \
\
- Occupational/Controlled Exposure
- - - - General Population/Unco11trol/ed Exposure
\ / \ _ - - - _,,, /
/
/
,,- - - - - - - - - -

0. ' ~---~--~~---~---~--~~----~-~~

0.03 0.3 l 3

1.34 30 300
Frequency (M Hz)
13,000
'1,500
30,000 l 300,000
'100,000
RF-EME Compliance Report Site No. LSSNA01191A
EBI Project No. 6221006037 2916 Via Gorgonio, San Clemente, California EBI Consulting ™ 21 B Street ™ Burlington, MA 01803 ™ 1.800.786.2346 Based on the above, the most restrictive thresholds for exposures of unlimited duration to RF energy for several personal wireless services are summarized below:

Personal Wireless Service Approximate
Frequency
Occupational
MPE Public MPE
Microwave (Point-to-Point) 5,000 - 80,000 MHz 5.00 mW/cm2 1.00 mW/cm2 Broadband Radio (BRS) 2,600 MHz 5.00 mW/cm2 1.00 mW/cm2 Wireless Communication (WCS) 2,300 MHz 5.00 mW/cm2 1.00 mW/cm2 Advanced Wireless (AWS) 2,100 MHz 5.00 mW/cm2 1.00 mW/cm2 Personal Communication (PCS) 1,950 MHz 5.00 mW/cm2 1.00 mW/cm2 Cellular Telephone 870 MHz 2.90 mW/cm2 0.58 mW/cm2
Specialized Mobile Radio (SMR) 855 MHz 2.85 mW/cm2 0.57 mW/cm2 Long Term Evolution (LTE) 700 MHz 2.33 mW/cm2 0.47 mW/cm2 Most Restrictive Frequency Range 30-300 MHz 1.00 mW/cm2 0.20 mW/cm2 MPE limits are designed to provide a substantial margin of safety. These limits apply for continuous exposures and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health.

Personal Communication (PCS) facilities used by Dish Wireless in this area will potentially operate within a frequency range of 600 to 2100 MHz. Facilities typically consist of: 1) electronic transceivers (the radios or cabinets) connected to wired telephone lines; and 2) antennas that send the wireless signals created by the transceivers to be received by individual subscriber units (PCS telephones). Transceivers are typically connected to antennas by coaxial cables.

Because of the short wavelength of PCS services, the antennas require line-of-site paths for good propagation, and are typically installed above ground level. Antennas are constructed to concentrate energy towards the horizon, with as little energy as possible scattered towards the ground or the sky.

This design, combined with the low power of PCS facilities, generally results in no possibility for exposure to approach Maximum Permissible Exposure (MPE) levels, with the exception of areas directly in front of the antennas.

FCC Compliance Requirement
A site is considered out of compliance with FCC regulations if there are areas that exceed the FCC exposure limits and there are no RF hazard mitigation measures in place. Any carrier which has an installation that contributes more than 5% of the applicable MPE must participate in mitigating these RF hazards.
60 16776 BERNARDO CENTER DRIVE,
UNIT 203,
SAN DIEGO, CALIFORNIA 92128

TELECOMMUNICATIONS PROJECT MANAGEMENT
T-1

SHEET INDEX VICINITY MAP

DIRECTIONS

GENERAL NOTES

SITE PHOTO

UNDERGROUND SERVICE ALERT

UTILITY NOTIFICATION CENTER OF CALIFORNIA
(800) 422-4133
WWW.CALIFORNIA811.ORG

CALIFORNIA - CODE COMPLIANCE
DISH Wireless L.L.C. SITE ID:

GORGONIO
DISH Wireless L.L.C. SITE ADDRESS:
2916 VIA GORGONIO
SAN CLEMENTE, CA 92624
LSSNA01191A

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SHEET TITLE

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THAT PORTION OF THE RANCHO ROCA DE LA PLAYA, AS SHOWN ON MAP RECORDED IN BOOK 4, PAGE 118 AND 119, OF PATENTS, IN THE OFFICE OF THE

COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, ACQUIRED BY THE STATE OF CALIFORNIA DESCRIBED IN PARCEL 2 OF FINAL ORDER OF CONDEMNATION FILED IN SUPERIOR COURT CASE NO. 71724 (STATE PARCEL NO. 1546), IN AND FOR SAID COUNTY, A CERTIFIED COPY OF SAID FINAL ORDER HAVING BEEN RECORDED OCTOBER 3, 1962 IN
BOOK 6271, PAGE 926 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTYRECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEASTERLY TERMINUS OF THE SOUTHEASTERLY LINE OF VAQUERO, 65.00 FEET WIDE, AS SHOWN ON THE TRACT MAP NO. 5879,RECORDED IN BOOK 213, PAGES 42 AND 43, OF MISCELLANEOUS MAPS , IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE

ALONG THE NORTHEASTERLY PROLONGATION OF SAID SOUTHEASTERLY LINE N 38°49'39" E, 42.76 FEET; THENCE S 54°20'42" E, 29.27 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S 54°20'42" E, 114.31 FEET; THENCE S 9°20'42" E, 40.88 FEET; THENCE S 59°16'04" E, 449.83FEET; THENCE S 42°41'07" E; 896.01 FEET TO THE MOST NORTHERLY CORNER OF LOT A OF TRACT NO. 4938 AS SHOWN ON A MAP BOOK RECORDED IN BOOK 177PAGES 35 TO 39 INCLUSIVE OF SAID MISCELLANEOUS MAPS, THENCE ALONG THE FOLLOWING DESCRIBED COURSES OF SAID PARCEL 1: SOUTH 58°17'23" W 606.54FEET; N 66°54'11" W 369.63 FEET; N 48°26'51" W 293.98 FEET; N 20°17'30" W 634.37FEET TO THE SOUTHWESTERLY TERMINUS OF THAT COURSE DESCRIBED AS S 25°24'28" W 390.35 FEET IN SAID PARCEL 1; THENCE ALONG SAID COURSE N25°24'28" E 377.43

FEET TO A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1169.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE FROM A TANGENT BEARING N 46°12'21" E, THROUGH AN ANGLE OF 2°47'17" AN ARC A DISTANCE OF 56.88 FEET TO TRUE POINT OF BEGINNING.

EXCEPTING THEREFROM THAT PORTION THEREOF LYING EAST OF THE COMMON SECTION OF LINE OF SECTIONS 29 AND 30, TOWNSHIP 8 SOUTH, RANGE 7 WESTSAN BERNARDINO BASE AND MERIDIAN. #204'%14&190'46+6.'4'2146
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4.1 TEMPORARY CONSTRUCTION EASEMENT BY THE CITY OF SAN CLEMENTE, A MUNICIPAL CORPORATION TO STATE OF CALIFORNIA, DATED SEPTEMBER 27, 1978, RECORDED MARCH 27, 1979, IN BOOK 13082, PAGE 408 .

NOTES: TEMPORARY CONSTRUCTION

4.2 FINAL ORDER OF CONDEMNATION BY HUGO A. FORESTER, ET AL. TO THE

PEOPLE OF THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THEDEPARTMENT OF PUBLIC WORKS, RECORDED OCTOBER 03, 1962, IN BOOK 6271, PAGE 926 .

NOTES: FREEWAYNOT PLOTTED. REFERENCE DOCUMENT IS ILLEGIBLE.

4.3 REVISION RIGHTS AND EASEMENTS DESCRIBED WITHIN DEED BOOK 12117, PAGE 980.NOT PLOTTED. REFERENCE DOCUMENT IS ILLEGIBLE.

4.4 EASEMENT DESCRIBED WITHIN DEED BOOK 12117, PAGE 980.

NOT PLOTTED. REFERENCE DOCUMENT IS ILLEGIBLE.

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2. 00NIRACT0R stW.L liWNl'AIN A 10'-0- .. NIIIUM
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A&E PROJECT NUMBER
LSSNA01191A
DISH Wirelns L.LC.

PROJECT INFORMATION
LSSNA01191A
2916 VIA GORGONIO
SAN CLEMENTE, CA 92624

SHEET TITLE

EQUIPMENT PLAN

SHEET NUMBER
16776 BERNARDO CENTER DRIVE,
UNIT 203,
SAN DIEGO, CALIFORNIA 92128

TELECOMMUNICATIONS PROJECT MANAGEMENT
A-4
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2 67
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ALL RF DErM.S
,-
EXISTING LIGHT STANDARD $
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C2 PROPOSED CEI..UMX: CX12044N: T.8.0. 72.4" • 28.7" 220' 54'-/ I "'"' 1111ES
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SMISUNO: RF44e01'-71A T.8.0.

SMISUNO: RF4451D-70A I T.8.0.

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!MISUMI): RF44010-70A
SMISUNO: RF446CJT-71A
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SMISUNO: RF4480T-71A
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ANTENNA & RADIO SCHEDULE I NO SClt£ I
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5701 SOUTH SANTA FE DRIVE
LITTLETON, CO 80120
PLANiiiil
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UNL.ESSTHEYAREAC11NGUNDER1HEDIRCCTION
OFA~~~EER,
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DOCUMENTS
SUBMITTAL$

REV I DATE I DESCRIPTION
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A&:E PROJECT NUMBER
LSSNA01191A
DISH Wireless LLC.

PROJECT INFORMATION
LSSNA01191A
2916 VIA GORGONIO
SAN CLEt.tENTE, CA 92624

SHEET TITLE

ELEVATION, ANTENNA

LAYOUT AND SCHEDULE

SHEET NUMBER
16776 BERNARDO CENTER DRIVE,
UNIT 203,
SAN DIEGO, CALIFORNIA 92128

TELECOMMUNICATIONS PROJECT MANAGEMENT
A-5
1 2
68 -5"AGL
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EXISTING CITY PARK CONCRETE BLOCK STORAGE AREA EXISTING RESTROOM BUILOING

EXISTING CITY PARK CONCRETE BLOCK STORAGE AREA GATE

SOUTH ELEVATION
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i EXISTINGFIELDLIGHTSTOREMAIN EXISTING LIGHT STANDARD
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M0UNIU) ON AN EXIS1INQ 79'-0• M0N0POlE
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EXISTING CABLE PORTS /
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~----EXISTING CITY PARK CONCRETE

BLOCK STORAGE AREA EXISTING GATE TO ABANDONED CONCRETE BLOCK EQUIPMENT ENCLOSURE PROPOSED DISH ..,...._ LLC. EQWIMENr
LOCATED INSIDE AN EXIS1INQ A8NCl0NED
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FACUIIES
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5701 SOUTH SANTA FE ORIVE
UTTL.ETON, CO 80120
PLANiiiil
ITIS AWII.ATIONOflAWFOANl'fPERSON,
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OF A l.~i~.tWIIS~:m~EER,
DRAWN BY: !CHECKED BY:IAPPROVEO BY:I

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DOCUMENTS
SUBMITTAL.S

REV I DATE I DESCRIPTION
AI07/0t/lOl11PMIJMZDalJEDAlll 07/11/a1f9W.ZD
2loe/OIIJCIISIZD---
J IOI/IIIIODI ---ltDLlffMY
A&:E PROJECT NUMBER
LSSNA01191A
DISH Wireless L.L C.

PROJECT INFORMATION
LSSNA01191A
2916 VIA GORGONIO
SAN CLEMENTE, CA 92624

SHEET TITLE

SOUTH & EAST

EXTERIOR ELEVATIONS

SHEET NUMBER
ATTACHMENT 4
69 CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING

OF THE ZONING ADMINISTRATOR
OCTOBER 19, 2023
San Clemente City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, California 92673

1. CALL TO ORDER
Zoning Administrator Adam Atamian called the Regular Meeting of the City of San Clemente Zoning Administrator to order on October 19, 2023 at 3:00 p.m. The meeting was held in the First Floor Community Room of City Hall, 91 O Calle Negocio, and San Clemente, California.

Staff Present:

2. MINUTES
Adam Atamian, Zoning Administrator
Jonathan Lightfoot, City Planner
Kyle Webber, Associate Planner
David Carrillo, Assistant Planner
Tamara Tatich, Office Specialist
A. Receive and file Minutes from the Zoning Administrator Regular Meeting of September 21, 2023.

3. ORAL AND WRITTEN COMMUNICATION
None

4. PUBLIC HEARING
Staff requested that Item Bon the Agenda be heard first.

B. Minor Architectural Permit (AP) 18~454, Office Addition to City Golf Course Clubhouse, 150 East Avenida Magdalena
A request to consider a 98 square-foot office addition to the front of the existing building, enclosing a portion of the street- facing loggia at 150 East Avenida Magdalena, the clubhouse at the municipal golf course in the (OSC) Zone.
70 Minutes of the Zoning Administrator Regular Meeting October 19, 2023 Staff recommends the project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines §15301 (Class 1: Existing Facilities; Operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing private structures involving negligible or no expansion of existing or former use), because the request is limited to the addition of a 98 square-foot office to an existing building located within an urbanized area.

Assistant Planner David Carrillo summarized the staff report.

Applicant Samantha Nowlin stated to ZA Atamian that there was nothing more to add to the Staff Report.

Having no further questions of staff, ZA Atamian opened the public hearing. There being no comments, ZA Atamian closed the public hearing.

ZA Atamian thanked staff for the report and stated that he had visited the site, and review the staff report and the information provided. ZA Atamian agreed that the project will enhance the City's facility. ZA Atamian confirmed with staff that the project was previously reviewed by the Golf Course Committee on March 1, 2018, and that the City Council also supported the project on March 20, 2018. ZA Atamian confirmed that the project was also reviewed by the City's Development Management Team (DMT) and the Planning Division.

ZA Atamian stated that the plans were complete and that he was able to provide a conceptual approval of the project; however, there were building features in the area where the proposed addition is located, specifically a recessed hose bib, security lighting, and a wall sconce that were not addressed in the conceptual plans. ZA Atamian added a Condition of Approval that clarifies that necessary features of the City's building remain intact or be relocated.

Based on the information in the staff report and subject to the required Findings and Conditions of Approval, ZA Atamian determined the project is Categorically Exempt from CEQA pursuant to State CEQA Guidelines §15301 (Class 1: Existing Facilities; Operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing private structures involving negligible or no expansion of existing or former use).

Action: The Zoning Administrator adopted Resolution ZA23-017, approving Minor Architectural Permit (MAP) 18-454, Office Addition to City Golf Clubhouse, 150 East Avenida Magdalena, subject to the Page2
71 Minutes of the Zoning Administrator Regular Meeting October 19, 2023 Conditions of Approval with one additional Condition, denoted as #5.11, which states: Planning Staff shall have the discretion during the building permit plan check process to ensure that features such as hose bib connections, security lighting, potted landscaping and other lighting is incorporated appropriately into the design of the addition.

A. City Antenna Permit (CAP) 23-103, DISH Wireless Facility, 2916 Via San Gorgonio
A request to install antennas and equipment on an existing ball field light standard and in an existing equipment enclosure in the San Gorgonio City Park at 2916 Via Gorgonio.

Staff recommends that the project be found categorically exempt from the California Environmental Quality Act under Section 15301 of the CEQA Guidelines (14 CCR§ 15301, Class 1e: Existing Facilities) and Section 15303 of the CEQA Guidelines ( 14 CCR§ 15303, Class 3:

New Construction or Conversion of Small Structures).

City Planner Jonathan Lightfoot stated that the Item is returning to the Zoning Administrator due to incomplete noticing for the prior hearing on August 16, 2023. Staff summarized the staff report and clarified that this item was re-noticed.

Having no further questions of staff, ZA Atamian opened the public hearing.

Eric Meurs with Plancom, Inc. on behalf of applicant DISH Wireless introduced himself. There being no comments or questions, ZA Atamian closed the public hearing.

ZA Atamian thanked staff for the report and asked staff if there were any public communications, at which staff stated that there was an inquiry from a resident in the neighborhood, but no comments were made. Staff's response to the inquiry was to provide background of permit and clarified that there is no longer an existing tenant at this space, but that the same facilities will be used in this installation. ZA Atamian noted that this was covered in the report, as well as the renoticing. ZA Atamian asked staff how many properties were in the noticing, of which staff could not confirm, but that the noticing record, including the list of properties within the noticing radius, is on file with the Planning Division and will be part of the project record. ZA Atamian stated his goal is to encapsulate the public's comments and concerns.

ZA Atamian asked staff to review the CEQA determination and confirm that these are typical exemptions utilized for a wireless facility request.

Page3
72 Minutes of the Zoning Administrator Regular Meeting October 19, 2023 Staff stated that there are two exemptions referenced in this project,Class 1 and Class 3, pursuant to CEQA Guidelines §15301 and § 15303. Both exemptions are common for facilities that are collocating or using existing structures for mounting of communications equipment. The Class 1 exemption particularly addresses existing facilities, as from photos there is already an existing enclosure and lighting fixture where the new equipment will be installed. The Class 3 exemption addresses new construction or conversion of small structures, which can be accessory facilities like a shed, up to residential and commercial buildings up to 2,500 square feet. In this case the facilities are of smaller nature than what is permitted in the Class 3 exemptions. Therefore, both exemptions are appropriate.

ZA Atamian reviewed the Radio Frequency Electromagnetic Energy Jurisdictional Report that was prepared by EBI Consulting and stated that the provided Statement of Compliance indicated the RF exposure levels are within the FCC guidelines. ZA Atamian stated there is no issue with meeting those standards.

ZA Atamian stated that he visited the site and noticed that there are existing items on the light fixture and confirmed with staff that they will be removed in the process. ZA Atamian confirmed that the staff report indicates the new design complies with the Wireless Master Plan Design Guidelines.

ZA Atamian could make the Findings, in that the proposed project complies with the height limitations of the zoning district in which the project is proposed. The proposed project does not interfere with the transmission or reception of other signals in the City. The proposed project does not create adverse visual impacts to the surrounding area or to the City at large. The proposed project is consistent with the preapproved design concepts for City properties identified in the City of San Clemente Wireless Master Plan.

Based on the information in the staff report and subject to the required Findings and Conditions of Approval, ZA Atamian determined the project is Categorically Exempt from CEQA pursuant to State CEQA Guidelines §15301 of the CEQA Guidelines (14 CCR §15301, Class 1e: Existing Facilities) and §15303 of the CEQA Guidelines (14 CCR §15303, Class 3: New Construction or Conversion of Small Structures).

Action: The Zoning Administrator adopted Resolution ZA23-014, approving City Antenna Use Permit (CAP) 23-103, DISH Wireless Facility, 2916 Via San Gorgonio, San Gorgonio Park Ball Field Light .

Standard, subject to the Conditions of Approval.

Page4
73 Minutes of the Zoning Administrator Regular Meeting October 19, 2023 C. Minor Conditional Use Permit (MCUP) 23-107, Soul Align Yoga, 300 El Camino Real #202
A request to allow group yoga instruction at an existing Chiropractic Office use located within a multi-unit tenant building at 300 South El Camino Real, Suite 202 in the Mixed Use 3 (MU3) Zoning District and Central Business (CB) and Architectural (A) Overlays.

Staff recommends the project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines §15301 (Class 1: Existing Facilities).

Associate Planner Kyle Webber summarized the staff report.

The Applicant was not present. Having no further questions of staff, ZA Atamian opened the public hearing. There being no comments, ZA Atamian closed the public hearing.

ZA Atamian directed staff to Attachment 2 of the report where a green box depicts the multi-tenant building of the subject property, where as Figure 1 in the staff report illustrates the property in its entirety. Staff noted that Attachment 2 includes the north-west area of the parking lot that is for the bank's use, and that the parking table is inclusive of this area along with the space in the south facing public parking lot. ZA Atamian cited from the report that there are 67 parking spaces required for all uses on the property where 69 parking spaces exist.

ZA Atamian acknowledged the Condition of Approval relating to sound mitigation; however, he did not see a Condition or statement in the application that limits any overlap of classes which could potentially require twenty spaces instead of the alotted ten. Staff stated that upon their site review of the parking area, there was not much concern. ZA Atamian stated that he wouldn't anticipate that it would be an issue, but that adding the Condition to Approval 7 .29 stating that the Applicant shall stagger class end and start times such that no classes occur within fifteen minutes of another class, would ensure that there is no overlap of parking for students between classes.

ZA Atamian noted that the applicant is not currently proposing clas·ses on Friday, Saturday or Sunday, and asked staff if we were limiting their hours of operation. Staff clarified that the use is proposing classes Friday, Saturday and Sunday; however, in the mornings only, with no classes in the afternoon. There is not a Condition of Approval that limits their operating hours for classes; however, there is a class schedule in the Resolution that states that classes begin at 8:00 a.m. and the latest class