Agenda packet — San Clemente City Council, September 2, 2025 (part 1 of 2)

910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor Knoblock
Mayor Pro Tem Enmeier
Councilmember Cabral
Councilmember Loeffler
Councilmember Wu
5:00 p.m. - Closed Session (Special Meeting)
5:30 p.m. - Business Meeting

CITY OF SAN CLEMENTE
Tuesday, September 2, 2025
City Council
Special and Regular Meeting Agenda

MISSION STATEMENT
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.

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.

DISCLOSURE OF CAMPAIGN CONTRIBUTIONS
Pursuant to Government Code § 84308, City Council Members are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises, discretionary land use permits and other entitlements if the City Council Member received more than $500 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City’s decision on the agenda item since January 1, 2023. Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $500 to a City Council Member since January 1, 2023, are required to disclose that fact for the official record of the subject proceedings. Disclosures must include the amount of the campaign contribution and identify the recipient City Council Member and may be made either in writing to the City Clerk before the agenda item or by verbal disclosure during consideration.

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1 City Council Special and Regular Meeting Agenda September 2, 2025 CLOSED SESSION (5:00 P.M.)
A. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Whether to initiate litigation pursuant to Government Code section 54956.9(d)(4) Number of Cases: 1
BUSINESS MEETING (5:30 P.M.)

CALL TO ORDER
INVOCATION – Assistant Pastor, Steve Ford, Calvary Chapel San Clemente

PLEDGE OF ALLEGIANCE

ROLL CALL

1. Special Presentations
A. Presentation of Commendation to Lieutenant Colonel Matthew Perry representing the City's adopted Marine Corps Regiment 2nd Battalion 4th Marines
Presentation of Commendation to Lieutenant Colonel Matthew Perry representing the City's adopted United States Marine Corps 2nd Battalion, 4th Marines Regiment.

2. Council Member Reports

3. 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. 12. 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.

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

5. Consideration of agendizing items requiring immediate action Per Government Code section 54954.2(b) and 54956.5. Any items agendized will be considered under New Business, unless otherwise determined by a majority vote of the City Council.

6. Closed Session Report - City Attorney

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2 City Council Special and Regular Meeting Agenda September 2, 2025

7. Staff Communications

8. 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.
8A. PUBLIC HEARING ON THE CITY OF SAN CLEMENTE’S 2025 REPORT ON PUBLIC HEALTH GOALS (PHG’S) TO RECEIVE ORAL AND WRITTEN

COMMENTS FROM THE PUBLIC, ACCEPT AND FILE THE REPORT, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Public Hearing as required by California Health and Safety Code, Section 116470(b), stating every three years the City of San Clemente must prepare a report comparing the City’s drinking water quality with Public Health Goals (PHGs) adopted by California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) and/or with maximum contaminant level goals (MCLGs) adopted by the USEPA.

Staff Recommendation

1. Open the public hearing, receive public comment and close the public hearing.

2. After conducting the public hearing, adopt Resolution No. 25-128, which will:
a. Accept and file the City of San Clemente’s 2025 report on public health goals (PHG’s).
b. Find the project categorically exempt from the California Environmental Quality Act (CEQA) under Sections 15301, 15308, and 15309 of the CEQA guidelines (14 CCR § 15301(h), class 1: existing facilities, 15308, class 8: actions by regulatory agencies for protection of the environment, and 15309, class 9: inspections).

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3 City Council Special and Regular Meeting Agenda September 2, 2025

9. Unfinished Business
9A. CONSIDERATION OF A RESOLUTION IDENTIFYING THE CITY COUNCIL AS

THE REVIEW AUTHORITY FOR THE AMERICAN TOWER MANAGEMENT,

LLC, CELL TOWER REPLACEMENT PROJECT, PUBLIC HEARING
PROJECT (PHP) 25-361
Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution 25-129 to designate the City Council as the Review Authority for application PHP 25-361, a request by American Tower Management, LLC to amend County of Orange Conditional Permit (CP-1021), a cell tower replacement project, Public Hearing Project (PHP) 25-361.

10. New Business
10A. DISCUSSION ON THE HISTORY, USE AND FUTURE ALTERNATIVES FOR THE CITY-OWNED LOT AT 1832 N. EL CAMINO REAL (APN 057-192-04) Staff Recommendation
Receive and file the Administrative Report dated September 2, 2025, and on file with the City Clerk, which will:

1. Acknowledge that the subject parcel is legally eligible for a range of public uses, including economic development, without the need for a new eminent domain resolution.

2. Allow staff to continue evaluating both traditional public service needs and economic development opportunities for the site as part of the pending Real Estate Asset Management Plan, and return with feasibility analyses for City Council consideration.

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4 City Council Special and Regular Meeting Agenda September 2, 2025 10B. CONSIDERATION OF A RESOLUTION DECLARING AN EXEMPTION TO

THE FORMAL BIDDING PROCESS, APPROVING THE AGREEMENT FOR SHARING CONSULTANT COSTS FOR THE 2025 URBAN WATER
MANAGEMENT PLAN (“AGREEMENT”) WITH THE MUNICIPAL WATER

DISTRICT OF ORANGE COUNTY (MWDOC), AND FINDING THE PROJECT

STATUTORILY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Staff Recommendation
Adopt Resolution No. 25-130, which will:

1. Find the project statutorily exempt from the California Environmental Quality Act under Water Code Section 10652.

2. Approve the Agreement for Sharing Consultant Costs for the 2025 Urban Water Management Plan with the Municipal Water District of Orange County.

3. Approve, and authorize the City Manager to execute, Contract No. C25- 44, by and between the City of San Clemente and the Municipal Water District of Orange County, for sharing consultant costs for the 2025 Urban Water Management Plan, in the amount of $71,030.
10C. CONSIDERATION OF REAFFIRMING RESOLUTION NO. 21-31
(Agendized by the City Council at the August 19, 2025 City Council meeting.) Staff Recommendation
Determine whether to reaffirm Resolution No. 21-31 entitled A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

IN SUPPORT OF THE ACTION FOR SPENT FUEL SOLUTIONS NOW
COALITION.
10D. CONSIDERATION OF A RESOLUTION APPROVING A COOPERATIVE

AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY
(OCTA) AND SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY
(SCRRA) FOR PEDESTRIAN AUDIBLE WARNING SYSTEM (PAWS) FOR

COST SHARING AND CONSTRUCTION
Staff Recommendation
Adopt Resolution No. 25-131, which will approve, and authorize the City Manager to execute, Contract No. C25-45, Cooperative Agreement No.

C-5-4115, by and between the City of San Clemente and the Orange County Transportation Authority and Southern California Regional Rail Authority, for the Pedestrian Audible Warning System Rehabilitation, for a total City

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5 City Council Special and Regular Meeting Agenda September 2, 2025 contribution of $406,000 ($250,000 for design and $156,000 which is 12% of the total construction cost; estimated at $1,300,000.)

11. 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) CITY COUNCIL JOINT SPECIAL MEETING MINUTES OF AUGUST 18, 2025.
(2) CITY COUNCIL SPECIAL AND REGULAR CITY COUNCIL MEETING MINUTES OF AUGUST 19, 2025.

B. Commission/Committee Minutes
Staff Recommendation:

Receive and file the following:
(1) REGULAR STUDY SESSION OF THE PLANNING COMMISSION
MINUTES OF AUGUST 6, 2025
(2) PLANNING COMMISSION REGULAR MEETING MINUTES OF
AUGUST 6, 2025
C. Warrant Register
(1) APPROVE WARRANT NOS.
606436 THROUGH 606647, PAID ON
8-15-25, IN THE AMOUNT OF $1,132,809.06
(2) APPROVE WIRE TRANSFER NOS.
3294 THROUGH 3299 AND WARRANT NOS.
606648 THROUGH 606783, PAID ON
8-22-25, IN THE AMOUNT OF $2,421,996.02
(3) APPROVE WIRE TRANSFER NO.
3300 AND WARRANT NOS.
606784 THROUGH 606949, PAID ON
8-29-25, IN THE AMOUNT OF $3,121,794.14
TOTAL WARRANT REGISTER $6,676,599.22

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6 City Council Special and Regular Meeting Agenda September 2, 2025 Payroll Register
APPROVE WARRANT NOS. 985 THROUGH
986 AND AUTOMATIC DEPOSIT ADVISES
105628 THROUGH 106008, FOR THE PERIOD
8-4-25 THROUGH 8-17-25, PAID
ON 8-22-25, IN THE AMOUNT OF $642,234.21
TOTAL PAYROLL REGISTER $642,234.21
11D. ADOPT ORDINANCE NO. 1794 (SECOND READING) AMENDING SAN CLEMENTE MUNICIPAL CODE 13.04.350 RELATING TO

CROSS-CONNECTION AND BACKFLOW PROTECTION (CCCPH) TO

COMPLY WITH THE STATE WATER RESOURCES CONTROL BOARD'S

NEWLY ADOPTED CROSS-CONNECTION CONTROL POLICY HANDBOOK

AND CURRENT INDUSTRY BEST PRACTICES AND FINDING THE

ORDINANCE EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Staff Recommendation
Adopt Ordinance No. 1794 entitled AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION

13.04.350 OF THE CITY OF SAN CLEMENTE MUNICIPAL CODE RELATING

TO CROSS-CONNECTION AND BACKFLOW PROTECTION TO COMPLY

WITH THE STATE WATER RESOURCES CONTROL BOARD'S

CROSS-CONNECTION CONTROL POLICY HANDBOOK AND FINDING THE

ACTIONS EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
11E. FEE WAIVER REQUEST – ORANGE COUNTY REGISTRAR OF VOTERS 2025 SPECIAL ELECTION VOTE CENTER
Staff Recommendation
Adopt Resolution No. 25-132 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING

A FEE WAIVER FOR THE REGISTRAR OF VOTERS TO USE THE SAN

CLEMENTE COMMUNITY CENTER AND SAN CLEMENTE AQUATICS
CENTER AS VOTE CENTER LOCATIONS FOR THE NOVEMBER 4, 2025 STATEWIDE SPECIAL ELECTION.

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7 City Council Special and Regular Meeting Agenda September 2, 2025 11F. CONSIDERATION OF A RESOLUTION TO ACCEPT AND FILE A NOTICE OF COMPLETION FOR THE FY 2025 ARTERIAL AND LOCAL STREET
IMPROVEMENT PROGRAM, CIP PROJECT NOS. 15317 AND 15322
Staff Recommendation
Adopt Resolution No. 25-133, which will:

1. Accept the FY 2025 Arterial and Local Street Improvement Program, CIP Project Nos. 15317 and 15322, from the contractor, ONYX Paving Company, Inc.

2. Authorize the City Clerk to execute and record the Notice of Completion for the FY 2025 Arterial and Local Street Improvement Program, CIP Project Nos. 15317 and 15322.

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

4. Authorize the City Clerk to release the performance bond for this project upon receipt of a warranty bond in a form acceptable to the Public Works Director/City Engineer in the amount of 25% of the total construction cost. 11G. CONSIDERATION OF A RESOLUTION AWARDING AND APPROVING A

SOLE SOURCE PURCHASE OF ELECTRONIC COMPONENTS IN ORDER

TO RESTORE AND UPGRADE FUNCTIONALITY FOR THE MARBLEHEAD

COASTAL URBAN RUNOFF AND STORMWATER SYSTEMS FROM
ONESOURCE DISTRIBUTORS CIP PROJECT NO. 14080, AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 25-134 which will:

1. Approve the expenditure for Allen Bradley electronic components for Fiscal Year 2025-26 in an amount not to exceed $289,174.

2. Approve the sole source purchase of the Allen Bradley electronic components and installation materials from OneSource Distributors based on the fixed price quote, which is provided as attachment 2 of the Administrative Report, dated September 2, 2025.

3. Find the project categorically exempt from the California Environmental

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8 City Council Special and Regular Meeting Agenda September 2, 2025 Quality Act (CEQA) under Class 2 (Replacement or Reconstruction, 14 CCR Section 15302) of the State CEQA Guidelines.
11H. CONSIDERATION OF A RESOLUTION APPROVING AN AGREEMENT FOR

RIGHT OF ENTRY CONSTRUCTION LICENSE AND FOR THE MARQUITA

SLOPE RECONSTRUCTION WORK AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT
Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 25-135, which will approve, and authorize the City Manager to execute, Contract No.

C25-46, Right of Entry Construction License and Agreement, by and between the City of San Clemente and Marquita, LLC., Marquita Limited Homeowners' Association, and Sea Bluff Homeowner Association, for the Marquita Slope Reconstruction Work.

12. 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.

13. Future Agenda Items

14. Reports
A. City Attorney
B. City Manager

15. Adjournment
The next Regular City Council Meeting is scheduled to take place on September 16, 2025. Closed Session will begin at 4:30 p.m. and the Regular Business Meeting will begin at 5:30 p.m. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

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9 City Council Special and Regular Meeting Agenda September 2, 2025

CITY COUNCIL MEETING PROCEDURES

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.

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. Electronic presentations shall be limited to visual media, without prerecorded audio narration, that augment a live verbal presentation addressed to the City Council. The display of visual media shall be ancillary to, and not presented in place of, live verbal narration. Members of the public shall not be permitted to connect equipment to the City's computer system. Members of the public shall not be permitted to access the internet from the City's computer equipment. Visual presentations must be provided to the City Clerk in a display-ready format. In no case shall Staff be required to develop a presentation for public use.

This prohibition includes, but is not limited to, compiling of City records, downloading data from websites, or gathering or modifying data provided by the public.

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.

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10 City Council Special and Regular Meeting Agenda September 2, 2025

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.

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11 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 2, 2025 Agenda Item: 8A.

Submitted By: Public Works
Prepared By: Mark Iverson, Water Operations Superintendent Subject:
..titl e
PUBLIC HEARING ON THE CITY OF SAN CLEMENTE’S 2025 REPORT ON PUBLIC HEALTH GOALS (PHG’S) TO RECEIVE ORAL AND WRITTEN COMMENTS FROM THE PUBLIC,

ACCEPT AND FILE THE REPORT, AND FINDING THE PROJECT CATEGORICALLY

EXEMPT FROM THE CALI
..body FORNIA ENVIRONMENTAL QUALITY ACT
Fiscal Impact:

None, since there are no changes recommended for treating the City’s water supplies, there is no financial impact from approving or filing this report.

Summary:

The City of San Clemente provides safe, potable drinking water to approximately 52,000 customers within its service area. As a public water purveyor, the City must comply with all drinking water regulations set forth by the United States Environmental Protection Agency (USEPA) and the California State Water Resources Control Board Division of Drinking Water (DDW). The City is required to regularly test for water quality and contaminants, and the result of this testing is published in the City’s annual Consumer Confidence Report (https://www.sanclemente.org/about-us/city-information/water-information) which demonstrates that the City’s drinking water meets all standards established to protect public health. To prepare the PHG report, the City reviewed 2022-2024 water quality monitoring data for the drinking water system to determine compliance with PHGs and Maximum Contaminant Level Goals (MCLGs).

Background:

Drinking water compliance is based upon state and federal MCLs developed and adopted by the USEPA and DDW. Senate Bill (SB) 1307 (Calderon-Sher; effective 01/01/97) added new provisions to the California Health and Safety Code which mandated that a Public Health Goals (PHG) report be prepared by July 1, 1998, and every three years thereafter. The attached 2025 PHG Report is intended to provide information to the public in addition to the annual Consumer Confidence Report that is made available by mail, and online, to customers each year.

California Health and Safety Code Section 116365 requires the State to develop a PHG for every contaminant with a primary drinking water standard or for any contaminant California is proposing to regulate with a primary drinking water standard. A PHG is the level which poses no significant health risk if consumed for a lifetime. A PHG is developed using a risk assessment based strictly on human health considerations. The 2025 PHG Report compares City of San Clemente drinking water quality with PHGs adopted by the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) and with the maximum contaminant level goals (MCLGs) adopted by the USEPA. The report also provides a cost estimate to treat each 12 Meeting Date: September 2, 2025 Agenda Item: 8A.

CITY OF SAN CLEMENTE 2
constituent to below the PHG. PHGs and MCLGs are not enforceable standards and no action to meet them is mandated. The City of San Clemente is in full compliance with all drinking water regulations. The law requires that a Public Hearing be held for the purpose of accepting and responding to public comment on the Public Health Goals Report.

Council Options:
 Hold a Public Hearing and Adopt Resolution No. 25-128, which would accept and file the 2025 Public Health Goals Report and find it categorically exempt from the California Environmental Quality Act.
 Continue the item and direct staff to provide additional information.  Deny Resolution 25-128 with direction to reconsider the item.

Environmental Review/Analysis:

Staff completed an initial environmental assessment of the project per the California Environmental Quality Act (CEQA). Staff recommends the City Council determine the project is Categorically Exempt from CEQA pursuant to CEQA Guidelines Sections 15301(h) (Class 1:

Existing Facilities), 15308 (Class 8: Actions by Regulatory Agencies for Protection of the Environment), and 15309 (Class 9: Inspections) because the project is limited to the existing water system, the project consists of actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment, and the project consists of actions by regulatory agencies to enforce a law, general rule, standard, or objective, administered or adopted by the regulatory agency, and the project consists of activities limited entirely to inspections, to check for quality health or safety of a project.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council:

1. Open the public hearing, receive public comment and close the public hearing; AND, following the conclusion of the public hearing, adopt Resolution No. 25-128, which would:

1. Accept and file the City of San Clemente’s 2025 report on public health goals (PHG’s); and

2. Find the project categorically exempt from the California Environmental Quality Act (CEQA) under Sections 15301, 15308, and 15309 of the CEQA guidelines (14 CCR § 15301(h), class 1: existing facilities, 15308, class 8: actions by regulatory agencies for protection of the environment, and 15309, class 9: inspections).
..end
Attachment:

1. Resolution 25-128

2. San Clemente 2025 Public Health Goals Report

3. San Clemente 2024 Consumer Confidence Report
13 Meeting Date: September 2, 2025 Agenda Item: 8A.

CITY OF SAN CLEMENTE 3

4. California Environmental Quality Act (CEQA) Notice of Exemption Form Notification:

The Notice of Public Hearing was published in the San Clemente Times on August 21, 2025. 14 Attachment 1
RESOLUTION NO. 25-128

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ACCEPTING AND FILING
THE CITY OF SAN CLEMENTE’S 2025 REPORT ON
PUBLIC HEALTH GOALS (PHG’S), AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER SECTIONS 15301, 15308, AND 15309 OF THE
CEQA GUIDELINES (14 CCR § 15301(h), CLASS 1:

EXISTING FACILITIES, 15308, CLASS 8: ACTIONS BY

REGULATORY AGENCIES FOR PROTECTION OF THE
ENVIRONMENT, AND 15309, CLASS 9: INSPECTIONS)
WHEREAS, the City of San Clemente is a water purveyor, that provides safe, potable water to approximately 52,000 customers within its service area, and must comply with all drinking water regulations; and
WHEREAS, Senate Bill (SB) 1307 (Calderon-Sher; effective 01/01/97) added new provisions to the California Health and Safety Code which mandated that a Public Health Goals (PHG) report be prepared by July 1, 1998, and every three years thereafter; and WHEREAS, California Health and Safety Code Section 116365 requires the State to develop a PHG for every contaminant with a primary drinking water standard or for any contaminant California is proposing to regulate with a primary drinking water standard; and
WHEREAS, City staff reviewed the 2022-2024 water quality monitoring data for the drinking water system to determine compliance with PHGs and Maximum Contaminant Level Goals (MCLGs), and demonstrated that the City’s drinking water meets all standards established to protect public health; and WHEREAS, the City held a duly noticed public hearing on September 2, 2025 and heard all those wishing to heard regarding the PHG report.

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

SECTION 1. The foregoing recitals are true and correct and incorporated herein fully as findings.

SECTION 2. Based upon its review of the entire record, including the Staff Report and any public comments or testimony presented to the City Council, the City Council hereby finds and determines that the project is categorically exempt from CEQA pursuant to State CEQA Guidelines Sections 15301(h) (Class 1: Existing Facilities), 15308 (Class 8:

Actions by Regulatory Agencies for Protection of the Environment), and 15309 (Class 9:
15 Resolution No. 25-128 Page 2
Inspections).

SECTION 3. The City Council hereby accepts, approves and files the City of San Clemente’s 2025 report on Public Health Goals as presented to the City Council on September 2, 2025.

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 Steve Knoblock, Mayor of the City San Clemente, California of San Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-128 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:

1.0 Introduction
Under the Calderon-Sher Safe Drinking Water Act of 1996 public water systems in California serving greater than 10,000 service connections must prepare a report containing information on 1) detection of any contaminant in drinking water at a level exceeding a Public Health Goal (PHG), 2) estimate of costs to remove detected contaminants to below the PHG using Best Available Technology (BAT), and 3) health risks for each contaminant exceeding a PHG. This report must be made available to the public every three years. The initial PHGs Report was due on July 1, 1998, and subsequent reports are due every three years thereafter.

The 2025 PHGs Report has been prepared to address the requirements set forth in Section 116470 of the California Health and Safety Code. It is based on water quality analyses during calendar years 2022, 2023, and 2024 or, if certain analyses were not performed during those years, the most recent data is used. The 2025 PHGs Report has been designed to be as informative as possible, without unnecessary duplication of information contained in the Consumer Confidence Report (also known as Water Quality Report), which is provided to customers by July 1 of each year.

There are no regulations explaining requirements for the preparation of PHGs reports. A workgroup of the Association of California Water Agencies (ACWA) Water Quality Committee has prepared suggested guidelines for water utilities to use in preparing PHGs reports. The ACWA guidelines were used in the preparation of this 2025 PHGs Report. These guidelines include tables of cost estimates for BAT. The State of California (State) provides ACWA with numerical health risks and category of health risk information for contaminants with PHGs. This health risk information is appended to the ACWA guidelines.

2.0 California Drinking Water Regulatory Process
California Health and Safety Code Section 116365 requires the State to develop a PHG for every contaminant with a primary drinking water standard or for any contaminant the State is 18 City of San Clemente 2 2025 PHGs Report
proposing to regulate with a primary drinking water standard. A PHG is the level of a contaminant in drinking water that poses no significant health risk if consumed for a lifetime.

The process of establishing a PHG is a risk assessment based strictly on human health considerations. PHGs are recommended targets and are not required to be met by any public water system.

The State office designated to develop PHGs is the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA). The PHG is then forwarded to the State Water Resources Control Board, Division of Drinking Water (DDW) for use in revising or developing a Maximum Contaminant Level (MCL) in drinking water. The MCL is the highest level of a contaminant that is allowed in drinking water. State MCLs cannot be less stringent than federal MCLs and must be as close as is technically and economically feasible to the PHGs. DDW is required to take treatment technologies and cost of compliance into account when setting an MCL. Each MCL is reviewed at least once every five years.

Two radiological contaminants (gross alpha particle activity and gross beta particle activity) have MCLs but do not yet have designated PHGs. For these contaminants, the Maximum Contaminant Level Goal (MCLG), the federal U.S. Environmental Protection Agency (USEPA) equivalent of PHGs, is used in the 2025 PHGs Report.

3.0 Identification of Contaminants
Section 116470(b)(1) of the Health and Safety Code requires public water systems serving more than 10,000 service connections to identify each contaminant detected in drinking water that exceeded the applicable PHG. Section 116470(f) requires the MCLG to be used for comparison if there is no applicable PHG.

The City of San Clemente (City) water system has approximately 17,587 service connections.

The following constituents were detected at one or more locations within the drinking water system at levels that exceeded the applicable PHGs or MCLGs:
x Arsenic – naturally-occurring in treated surface water purchased from Irvine Ranch Water District’s (IRWD) Baker Water Treatment Plant (BWTP). 19 City of San Clemente 3 2025 PHGs Report
x Bromate – formed when naturally-occurring bromide reacts with ozone during the disinfection process in treated surface water purchased from Metropolitan Water District of Southern California (MWDSC).
x Chlorite – byproduct of drinking water disinfection in treated surface water purchased from IRWD’s BWTP.
x Gross alpha particle activity (gross alpha) – naturally-occurring in treated surface water purchased from IRWD’s BWTP and from MWDSC.
x Gross beta particle activity (gross beta) – naturally-occurring in treated surface water purchased from IRWD’s BWTP and from MWDSC.
x Uranium – naturally-occurring in treated surface water purchased from IRWD’s BWTP and from MWDSC.

The accompanying table shows the applicable PHG or MCLG and MCL for each contaminant identified above. The table includes the maximum, minimum, and average concentrations of each contaminant in drinking water supplied by the City in calendar years 2022 through 2024.

4.0 Numerical Public Health Risks
Section 116470(b)(2) of the Health and Safety Code requires disclosure of the numerical public health risk, determined by OEHHA, associated with the MCLs, PHGs and MCLGs. Available numerical health risks developed by OEHHA for the contaminants identified above are shown on the accompany table. Only numerical risks associated with cancer-causing chemicals have been quantified by OEHHA.

Arsenic – OEHHA has determined the health risk associated with the PHG is 1 excess case of cancer in a million people and the risk associated with the MCL is 2.5 excess cases of cancer in 1,000 people exposed over a 70-year lifetime.

Bromate – OEHHA has determined the health risk associated with the PHG is 1 excess case of cancer in a million people and the risk associated with the MCL is 1 excess case of cancer in 10,000 people exposed over a 70-year lifetime.
20 City of San Clemente 4 2025 PHGs Report
Chlorite – OEHHA has not established a numerical health risk for chlorite because PHGs for non-carcinogenic chemicals in drinking water are set at a concentration at which no known or anticipated adverse health risks will occur, with an adequate margin of safety.

Gross Alpha – OEHHA has not established a PHG. USEPA has established an MCLG of 0.

USEPA has determined the risk associated with the MCL is 1 excess case of cancer in 1,000 people exposed over a 70-year lifetime for the most potent alpha emitter.

Gross Beta – OEHHA has not established a PHG. USEPA has established an MCLG of 0.

USEPA has determined the risk associated with the MCL is 2 excess cases of cancer in 1,000 people exposed over a 70-year lifetime for the most potent beta emitter.

Uranium – OEHHA has determined the health risk associated with the PHG is 1 excess case of cancer in a million people and the risk associated with the MCL is 5 excess cases of cancer in 100,000 people exposed over a 70-year lifetime.

5.0 Identification of Risk Categories
Section 116470(b)(3) of the Health and Safety Code requires identification of the category of risk to public health associated with exposure to the contaminant in drinking water, including a brief, plainly worded description of those terms. The risk categories and definitions for the contaminants identified above are shown on the accompanying table.

6.0 Description of Best Available Technology
Section 116470(b)(4) of the Health and Safety Code requires a description of the BAT, if any is available on a commercial basis, to remove or reduce the concentrations of the contaminants identified above. The BATs are shown on the accompanying table.

7.0 Costs of Using Best Available Technologies and Intended Actions Section 116470(b)(5) of the Health and Safety Code requires an estimate of the aggregate cost and cost per customer of utilizing the BATs identified to reduce the concentration of a contaminant to a level at or below the PHG or MCLG. In addition, Section 116470(b)(6) 21 City of San Clemente 5 2025 PHGs Report
requires a brief description of any actions the water purveyor intends to take to reduce the concentration of the contaminant and the basis for that decision.

Arsenic – The BATs for removal of arsenic in water for large water systems are: activated alumina, coagulation/filtration, electrodialysis, ion exchange, lime softening, oxidation/filtration, and reverse osmosis. Arsenic was detected above the PHG in the treated surface water purchased from IRWD’s BWTP. The City is in compliance with the MCL for arsenic. The estimated cost to reduce arsenic levels in the treated surface water purchased from IRWD’s BWTP to below the PHG of 0.004 microgram per liter (μg/l) using ion exchange was calculated.

Because the DDW detection limit for purposes of reporting (DLR) for arsenic is 2 μg/l, treating arsenic to below the PHG level means treating arsenic to below the DLR of 2 μg/l. There are numerous factors that may influence the actual cost of reducing arsenic levels to the PHG.

Achieving the water quality goal for arsenic could be approximately $912,000 per year, or $52 per service connection per year.

Bromate – The BATs for removal of bromate in water for large water systems are:
coagulation/filtration optimization, granular activated carbon, and reverse osmosis. Bromate was detected above the PHG in the treated surface water purchased from MWDSC. The City is in compliance with the MCL for bromate. The estimated cost to reduce bromate levels in MWDSC water to below the PHG of 0.1 μg/l using reverse osmosis was calculated. Because the DLR for bromate is 1 μg/l, treating bromate to below the PHG level means treating bromate to below the DLR of 1 μg/l. There are numerous factors that may influence the actual cost of reducing bromate levels to the PHG. Achieving the water quality goal for bromate could range from approximately $1,960,000 to $16,800,000 per year, or between $111 and $953 per service connection per year.

Chlorite – As indicated above, chlorite is a byproduct of the drinking water disinfection process in the treated surface water purchased from IRWD’s BWTP. The BAT to reduce chlorite in drinking water is controlling the water treatment process to reduce the disinfectant demand and controlling the disinfection treatment process to reduce the disinfectant levels. The City is in compliance with the MCL for chlorite. IRWD is already optimizing the treatment/disinfection process at the BWTP. Therefore, the cost of reducing chlorite to the PHG level cannot be estimated.
22 City of San Clemente 6 2025 PHGs Report
Gross Alpha, Gross Beta, and Uranium – The only BAT for the removal of gross alpha in water for large water systems is reverse osmosis, which can also remove gross beta and uranium, if detected. Gross alpha and gross beta were detected above their respective MCLGs in the treated surface water purchased from IRWD’s BWTP and from MWDSC. Uranium was detected above the PHG in the treated surface water purchased from IRWD’s BWTP and from MWDSC. The cost of providing treatment using reverse osmosis to reduce gross alpha levels to the MCLG of 0 picoCurie per liter (pCi/l) (and consequently gross beta to below the MCLG of 0 pCi/l and uranium to below the PHG of 0.43 pCi/l) was calculated. Because the DLR for gross alpha is 3 pCi/l, treating gross alpha to 0 pCi/l means treating it to below the DLR of 3 pCi/l (and treating gross beta and uranium to below their respective DLRs of 4 pCi/l and 1 pCi/l).

Achieving the water quality goal for gross alpha could range from $2,310,000 to $19,800,000 per year, or between $132 and $1,130 per service connection per year.

All Contaminants – In addition, a cost estimate to treat all water produced by the City using reverse osmosis to remove all the contaminants detected above the PHGs or MCLGs was calculated. All the contaminants listed in the accompanying table may be removed to nondetectable levels by reverse osmosis. As shown on the accompanying table, achieving the water quality goals for all contaminants using reverse osmosis could range from $2,310,000 to $19,800,000 per year, or between $132 and $1,130 per service connection per year.

For additional information, please contact Utilities Manager Mr. Dustin Burnside at (949) 366-1553, or write to the City of San Clemente, Utilities Department, 380 Avenida Pico, Building N, San Clemente, California 92672.

J:\2351\017 - 2025 PHG\San Clemente 2025 PHG_text_Final.docx 23 UNITS PHG MCL DLR CATEGORY CANCER RISK CANCER BEST AGGREGATE COST PER

PARAMETER OF OR AVERAGE RANGE OF AT PHG RISK AVAILABLE COST SERVICE CONNECTION MEASUREMENT (MCLG)* RISK OR MCLG AT MCL TECHNOLOGIES PER YEAR PER YEAR INORGANIC CHEMICALSArsenic ȝg/l 0.004 10 2 ND ND - 2.3 C 1 x 10-6 2.5 x 10-3 AA,C/F,E,IE,LS,O/F,RO $912,000 (a) $52 (a) Bromate ȝg/l 0.1 10 1 ND ND - 6.3 C 1 x 10-6 1 x 10-4 C/F, GAC, RO $1,960,000 - $16,800,000 (b) $111 - $953 (b)Chlorite mg/l 0.05 1 0.02 0.02 ND - 0.13 H NA NA CT (c) (c) RADIOLOGICALGross Alpha Particle Activity pCi/l (0) 15 3 ND ND - 5.4 C 0 1 x 10-3 RO $2,310,000 - $19,800,000 (d) $132 - $1,130 (d) Gross Beta Particle Activity pCi/l (0) 50 4 4.3 4.6 - 9 C 0 2 x 10-3 IE, RO -- -- Uranium pCi/l 0.43 20 1 1.6 1.5 - 3 C 1 x 10-6 5 x 10-5 IE, RO, LS,C/F -- -- ALL CONTAMINANTS -- -- -- -- -- -- -- -- -- RO $2,310,000 - $19,800,000 (e) $132 - $1,130 (e) * MCLGs are shown in parentheses. MCLGs are provided only when no applicable PHG exists.

TREATMENT TECHNOLOGIESAA = Activated Aluminum
RISK CATEGORIES C/F = Coagulation/FiltrationC (Carcinogen) = A substance that is capable of producing cancer. CT = Control of treatment processes to reduce disinfectant demand andH (Hematotoxicity and Neurotoxicity) = Causes anemia and neurobehavioral effects control of disinfection treatment processes to reduce disinfectant levels E = Electrodialysis
NOTES GAC = Granular Activated CarbonDLR = Detection Limit for Purposes of Reporting IE = Ion ExchangeMCL = Maximum Contaminant Level LS = Lime SofteningMCLG = Maximum Contaminant Level Goal O/F = Oxidation/Filtrationȝg/l = micrograms per liter or parts per billion RO = Reverse Osmosis mg/l = milligrams per literNA = Not ApplicableND = Not DetectedpCi/l = picoCuries per literPHG = Public Health Goal (a) Estimated cost to remove arsenic using IE.(b) Estimated cost to remove bromate using RO.(c) Costs could not be estimated.(d) Estimated cost to remove gross alpha particle activity using RO, which also removes gross beta particle activity and uranium. (e) Assuming treating the entire production by RO, which can remove all contaminants listed in the above table to below the detectable levels. 2025 PUBLIC HEALTH GOALS REPORT

CITY OF SAN CLEMENTE

CONCENTRATION
J:\2351\017 - 2025 PHG\San Clemente_phgtable_2025.xlsx
24 Reporting Year 2024
Este informe contiene información
importante sobre su agua potable. Traducirlo,
o hablar con alguien que lo entienda.

This report contains important information
about your drinking water. Translate it, or
speak with someone who understands it.

Presented By
Attachment 3
25 We Invite You to Learn More About
Your Water’s Quality
For information about this report, or your water quality in general, please contact Utilities Manager Dustin Burnside at (949) 366-1553. The City of San Clemente City Council meets at 6:00 p.m. on the first and third Tuesday of each month, and public participation is welcomed. Visit sanclemente.org for information about the location and specific dates of City Council meetings.

Sources of Supply
Your drinking water is a blend of surface water imported by the MWDSC and local groundwater. MWDSC’s imported water sources are the State Water Project, which draws water from the Sacramento–San Joaquin Delta,
and the Colorado River. In 2024, the City’s groundwater treatment plant was offline to complete a rehabilitation project to improve system reliability and performance.

Groundwater was not a source of supply in 2024; therefore, no groundwater quality table is included in this year’s report.

Beginning in 2017, the City began to receive water from the Irvine Ranch Water District (IRWD), processed through the Baker Water Treatment Plant as an additional source to further ensure a constant water supply to its customers. Some areas in the City of San Clemente receive their drinking water from an outside water agency, including Talega
(Santa Margarita Water District) and portions of north San Clemente (South Coast Water District). Please check your water bill to confirm which water agency provides your
drinking water, and refer to its water quality report. You may also contact the City of San Clemente Utilities Division for clarification on whether this water quality report pertains to the drinking water being provided to your home or business.

Your 2025 Water Quality Report
This year’s report covers drinking water quality testing and reporting for 2024. The City of San Clemente remains committed to safeguarding the water supply, and as in previous years, the water delivered to your home meets or exceeds the quality standards set by federal and state regulatory agencies.

The U.S. Environmental Protection Agency (U.S. EPA) and the State Water Resources Control Board (SWRCB), Division of Drinking Water (DDW) establish and enforce drinking water quality standards. To ensure safe drinking water, these agencies regulate the amount of substances permitted in public water systems. In addition to required testing, some regional water agencies conduct voluntary monitoring for unregulated chemicals that may pose health risks but do not yet have established drinking water standards.

Ensuring Safe Drinking Water
Water quality testing is conducted by multiple entities, including:
• Imported surface water suppliers like the Metropolitan Water District of Southern California (MWDSC), which provides treated water from the Colorado River and State Water Project. • Local water treatment facilities operated by the City of San Clemente, which ensure proper treatment and distribution of potable water.

Regular monitoring, including for unregulated contaminants, helps federal and state agencies determine if new regulatory standards are necessary. Through comprehensive water quality compliance testing, your drinking water is continuously monitored from source to tap for regulated and unregulated constituents.

The City of San Clemente remains dedicated to transparency, safety, and the continued delivery of high-quality drinking water. This report provides valuable information about your water sources, quality testing results, and regulatory compliance, reaffirming that your tap water meets all Safe Drinking Water Act requirements. The State allows us to monitor for some contaminants less than once per year because the concentrations of these contaminants do not change frequently. Some of our data, though representative, are more than one year old.

Quality Water is Our Priority -
Turn the tap and the water flows, as if by magic. Or so it seems. The reality is considerably different, however.

Delivering high-quality drinking water to our customers is a scientific and engineering feat that requires considerable effort and talent to ensure the water is always there, always safe to drink. Because tap water is highly regulated by state and federal laws, water treatment and distribution operators must be licensed. Our licensed water professionals have an understanding of a wide range of subjects, including mathematics, biology, chemistry, physics, and engineering. Some of the tasks they complete on a regular basis include:
• Operating and maintaining equipment to purify and
clarify water;
• Monitoring and inspecting machinery, meters, gauges, and operating conditions;
• Conducting tests and inspections on water and evaluating the results;
• Documenting and reporting test results and system
operations to regulatory agencies; and
• Serving our community through customer support,
education, and outreach.

So, the next time you turn on your faucet, think of the skilled professionals who stand behind every drop.

Depend on Us
26 Want Additional Information?
There’s a wealth of information on the internet about drinking water quality and water issues in general. • City of San Clemente: san-clemente.org
• Metropolitan Water District of Southern California:
mwdh2o.com
• State Water Resources Control Board, Division of
Drinking Water:
waterboards.ca.gov/drinking_water/programs
• Municipal Water District of Orange County:
mwdoc.com
• U.S. EPA: epa.gov
Drinking Water Fluoridation
Fluoride has been added to U.S. drinking water supplies since 1945 to help prevent tooth decay.

As of today, the majority of public
water suppliers in the country,
including the MWDSC, fluoridate their water. MWDSC began adding fluoride in December
2007, complying with all provisions of California’s fluoridation system requirements. Fluoride levels in drinking water are regulated in California and limited to a maximum of 2 parts per million (ppm). Some local groundwater supplies naturally contain fluoride, but they are not supplemented with additional fluoride.

Additional Information
For more details on water fluoridation, please visit:
• U.S. Centers for Disease Control and Prevention
(CDC): cdc.gov/fluoridation or (800) 232-4636
• State Water Resources Control Board, Division of
Drinking Water: waterboards.ca.gov/drinking_water/
certlic/drinkingwater/Fluoridation.html
• American Dental Association: ada.org
• American Water Works Association: awwa.org
For specific inquiries about
MWDSC’s fluoridation
program, please contact
Edgar G. Dymally at (213)
217-5709 or edymally@
mwdh2o.com.

Baker Water Treatment Plant (IRWD)
The Baker Water Treatment Plant receives untreated surface water from MWDSC and untreated surface water from Santiago Reservoir. The surface water assessment of Santiago Reservoir is provided by Serrano Water District, which also uses source water from Santiago Reservoir. The most recent sanitary survey for Santiago Reservoir was updated in 2019.

Water supplies from Santiago Reservoir are most vulnerable to septic systems and wildfires. The Source Water Assessment for Santiago Reservoir was completed in April 2001. The assessment was conducted for the Serrano Water District by Boyle Engineering Corporation with assistance from
the Serrano Water District staff. A copy of the complete assessment may be viewed at the IRWD Water Quality
Department, 3512 Michelson Drive, Irvine. You may request a summary of the assessment by writing to District Secretary, Irvine Ranch Water District, 15600 Sand Canyon Avenue,
Irvine, California 92618.

Groundwater Assessment
The City of San Clemente Utilities Division completed an assessment of drinking water sources for its water supply in October 2001 and again in 2008. The City’s wells are considered vulnerable to the following Possible Contamination Activities (PCAs) associated with some contaminants detected in the water supply: maintenance yards, above-ground fuel tanks, a historic dump site, an electrical switching station, and a site for temporary deposition of street sweeper debris.

Residences, parks, sewers, roads, and storm drains represent additional PCAs. While PCAs exist within the source water assessment area, the water sources are protected from immediate contamination threats by the confining nature of the aquifer, and the significant depth of well perforations at each water source. Copies of each water assessment are located at the City of San Clemente Utilities Division administration office, 380 Avenida Pico, Building N, San Clemente, California. You may review these water source assessments by contacting the Utilities Manager at (949) 366-1553.

Cross Connections
I
n cooperation with the DDW, the City of San Clemente
Utilities Division’s major goal is to ensure the distribution of a safe potable water supply to all domestic water users. For the City of San Clemente Utilities Division to achieve this goal, a Cross-Connection Control Management Plan (CCCMP)
is being developed with an effective date of July 1, 2025.

The City of San Clemente Utilities Division’s CCCMP was developed pursuant to the requirements set forth in the CrossConnection Control Policy Handbook (CCCPH), which replaced California Administrative Code title 17, sections 7583 through 7605 and applies to all California public water systems, as defined in California’s Health and Safety Code (CHSC, section 116275(h)).
27 2024 CITY OF SAN CLEMENTE DISTRIBUTION SYSTEM WATER QUALITY

CHEMICAL

MCL (MRDL/
MRDLG)

AVERAGE
AMOUNT

RANGE OF

DETECTIONS
MCL

VIOLATION TYPICAL SOURCE OF CHEMICAL
Disinfection Byproducts
Total Trihalomethanes (ppb) 80 53 22 - 56 No Byproducts of Chlorine Disinfection Haloacetic Acids (ppb) 60 21 7.6 - 34 No Byproducts of Chlorine Disinfection Chlorine Residual (ppm) (4 / 4) 1.84 0.21 - 2.85 No Disinfectant Added for Treatment Aesthetic Quality
Color (color units) 15* 1 1 No Erosion of Natural Deposits Odor (threshold odor number) 3* 1 1 No Erosion of Natural Deposits Turbidity (ntu) 5* 0.069 0.01 - 0.19 No Erosion of Natural Deposits Others
Fluoride (ppm) 2 0.61 0.22 - 0.96 No Erosion of Natural Deposits; Water Additive for Dental Health pH (pH units) Not Regulated 8.19 8.01 - 8.34 n/a Hydrogen Ion Concentration Four locations in the distribution system are tested quarterly for total trihalomethanes and haloacetic acids; twenty locations are tested monthly for color, odor and turbidity.

MRDL = Maximum Residual Disinfectant Level; MRDLG = Maximum Residual Disinfectant Level Goal; NTU = nephelometric turbidity units; *Chemical is regulated by a secondary standard to maintain aesthetic qualities (taste, odor, color).

LEAD AND COPPER ACTION LEVELS AT RESIDENTIAL TAPS
ACTION

LEVEL (AL)

PUBLIC HEALTH
GOAL
90TH PERCENTILE
VALUE

SITES EXCEEDING AL /

NUMBER OF SITES
AL
VIOLATION? TYPICAL SOURCE OF CHEMICAL
Lead (ppb) 15 0.2 ND 0/30 No Corrosion of Household Plumbing Copper (ppm) 1.3 0.3 0.064 0/30 No Corrosion of Household Plumbing 2024 City of San Clemente Drinking Water Quality
For more information about the health effects of the listed contaminants in the following tables, call the U.S. EPA hotline at (800) 426-4791.

In 2022, 30 residences were tested for lead and copper at-the-tap. Lead was not detected in any of 30 samples. Copper was detected in 7 of 30 samples. None of the samples exceeded the regulatory Action Level (AL). A regulatory action level is the concentration of a chemical which, if exceeded, triggers treatment or other requirements that a water system must follow.

UNREGULATED CHEMICALS REQUIRING MONITORING IN THE DISTRIBUTION SYSTEM

CHEMICAL NL PHG

AVERAGE
AMOUNT

RANGE OF

DETECTIONS MOST RECENT SAMPLING DATE
Haloacetic acids (HAA5) (ppb) n/a n/a 9.9 4.3 - 14 2020 Haloacetic acids (HAA6Br) (ppb) n/a n/a 9 6.2 - 12 2020 Haloacetic acids (HAA9) (ppb) n/a n/a 17 11 - 24 2020
Source Water Assessment
Every five years, MWDSC is required by the DDW to examine possible sources of drinking water contamination in its State Water Project and Colorado River source waters. The most recent surveys for MWDSC’s source waters are the Colorado River Watershed Sanitary Survey—2020 Update, and the State Water Project Watershed Sanitary Survey—2021 Update. Water from the Colorado River is considered to be most vulnerable to contamination from recreation, urban/stormwater runoff, increasing urbanization in the watershed, and wastewater. Water supplies from Northern California’s State Water Project are most vulnerable to contamination from urban/stormwater runoff, wildlife, agriculture, recreation, and wastewater. U.S. EPA also requires MWDSC to complete a source water assessment (SWA) that utilizes information collected in the watershed sanitary surveys.

MWDSC completed its SWA in December 2002. The SWA is used to evaluate the vulnerability of water sources to contamination and helps determine whether more protective measures are needed. A copy of the most recent summary of the Watershed Sanitary Survey or the SWA can be obtained by calling MWDSC at (800) CALL-MWD or (800) 225-5693. 28 ppb = parts per billion; ppm = parts per million; pCi/L = picoCuries per liter; µmho/cm = micromhos per centimeter; NTU = nephelometric turbidity units; MCL = Maximum Contaminant Level; PHG = California Public Health Goal; MCLG = federal MCL Goal; MRDL = Maximum Residual Disinfectant Level; MRDLG = Maximum Residual Disinfectant Level Goal; NL = Notification Level; n/a = not applicable; TT = treatment technique * Chemical is regulated by a secondary standard.
2024 IRVINE RANCH WATER DISTRICT BAKER WATER TREATMENT PLANT

CHEMICAL MCL PHG (MCLG)

AVERAGE
AMOUNT

RANGE OF

DETECTIONS
MCL
VIOLATION? TYPICAL SOURCE OF CHEMICAL
Radiologicals - Tested in 2024
Gross Alpha Particle Activity (pCi/L) 15 MCLG = 0 3.8 3.8 No Erosion of Natural Deposits Gross Beta Particle Activity (pCi/L) 50 MCLG = 0 4.6 4.6 No Decay of Natural and Man-made Deposits Uranium (pCi/L) 20 0.43 2.2 2.2 No Erosion of Natural Deposits Inorganic Chemicals - Tested in 2024
Arsenic (ppb) 10 0.004 2 2 - 2.27 No Erosion of Natural Deposits Barium (ppm) 1 2 0.129 0.113 - 0.141 No Refinery Discharge, Erosion of Natural Deposits
Chlorine Dioxide (ppb) MRDL = 800 MRDLG = 800 98.5 ND - 680 No Drinking Water Disinfectant Added for Treatment
Chlorite (ppm) 1.0 0.05 ND ND - 0.09 No Byproduct of Drinking Water Chlorination Fluoride (ppm) 2.0 1 0.35 0.31 - 0.38 No Erosion of Natural Deposits; Water Additive for Dental Health
Secondary Standards* - Tested in 2024
Chloride (ppm) 500* n/a 112 98.4 - 119 No Runoff or Leaching from Natural Deposits Color (color units) 15* n/a ND ND - 8 No Naturally-occurring Organic Materials Manganese (ppb) 50* n/a 1.44 ND - 47 No Leaching from Natural Deposits Odor (threshold odor number) 3* n/a 2 ND - 4 No Naturally-occurring Organic Materials Specific Conductance (µmho/cm) 1,600* n/a 1,065 1,008 - 1,126 No Substances that Form Ions in Water Sulfate (ppm) 500* n/a 237 228 - 243 No Runoff or Leaching from Natural Deposits Total Dissolved Solids (ppm) 1,000* n/a 642 588 - 712 No Runoff or Leaching from Natural Deposits Turbidity (ntu) 5* n/a ND ND - 0.3 No Soil Runoff
Unregulated Chemicals - Tested in 2024
Alkalinity, total as CaCO3 (ppm) Not Regulated n/a 124 115 - 144 n/a Runoff or Leaching from Natural Deposits Boron (ppm) NL = 1 n/a 0.138 0.127 - 0.153 n/a Runoff or Leaching from Natural Deposits Calcium (ppm) Not Regulated n/a 72.7 67.2 - 79.5 n/a Runoff or Leaching from Natural Deposits Hardness, total as CaCO3 (ppm) Not Regulated n/a 295 281 - 313 n/a Runoff or Leaching from Natural Deposits Hardness, total (grains/gallon) Not Regulated n/a 17 16 - 18 n/a Runoff or Leaching from Natural Deposits Magnesium (ppm) Not Regulated n/a 27.9 26.2 - 29.8 n/a Runoff or Leaching from Natural Deposits pH (pH units) Not Regulated n/a 7.9 7.4 - 8.6 n/a Hydrogen Ion Concentration Potassium (ppm) Not Regulated n/a 5.9 4.83 - 21.2 n/a Runoff or Leaching from Natural Deposits Sodium (ppm) Not Regulated n/a 105 90.3 - 114 n/a Runoff or Leaching from Natural Deposits Total Organic Carbon (ppm) TT n/a 1.9 1.9 n/a Various Natural and Man-made Sources 29 UNREGULATED CHEMICALS REQUIRING MONITORING

CHEMICAL

NOTIFICATION

LEVEL PHG

AVERAGE
AMOUNT

RANGE OF

DETECTIONS MOST RECENT SAMPLING DATE
Lithium (ppb) n/a n/a 50 41 - 60 2024
Manganese** (ppb) SMCL = 50 n/a 0.88 ND - 2.4 2020
SMCL = secondary MCL
** Manganese is regulated with a secondary standard of 50 ppb but was not detected, based on the detection limit for purposes of reporting of 20 ppb.

Manganese was included as part of the unregulated chemicals requiring monitoring.

IRVINE RANCH WATER DISTRICT

BAKER WATER TREATMENT PLANT

TREATMENT

TECHNIQUE

TURBIDITY

MEASUREMENTS
TT
VIOLATION? TYPICAL SOURCE OF CHEMICAL
Turbidity - combined filter effluent
1) Highest single turbidity measurement (NTU) 0.1 0.043 No Soil runoff 2) Percentage of samples less than or equal to 0.3 NTU 95% 100% No Soil runoff Turbidity is a measure of the cloudiness of the water, an indication of particulate matter, some of which might include harmful microorganisms. Low turbidity in the treated water is a good indicator of effective filtration. Filtration is called a “treatment technique” (TT). A treatment technique is a required process intended to reduce the level of chemicals in drinking water that are difficult and sometimes impossible to measure directly.

NTU = nephelometric turbidity units
Drinking Water Definitions
What are water quality standards?
Drinking water standards established by U.S. EPA and DDW set limits for substances that may affect consumer health or aesthetic qualities of drinking water. The tables in this report show the following types of water quality standards:

Maximum contaminant level (MCL): The highest level of a contaminant that is allowed in drinking water. Primary MCLs are set as close to the PHGs (or MCLGs) as is economically and technologically feasible.

Maximum residual disinfectant level (MRDL): The highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants.

Secondary MCLs are set to protect the odor, taste, and appearance of drinking water.

Primary drinking water standard: MCLs for contaminants that affect health, along with their monitoring and reporting requirements and water treatment requirements.

Regulatory action level (AL): The concentration of a contaminant that, if exceeded, triggers treatment or other requirements that a water system must follow.

What is a water quality goal?
In addition to mandatory water quality standards, U.S. EPA and DDW have set voluntary water quality goals for some contaminants. Water quality goals are often set at such low levels that they are not achievable in practice and are not directly measurable. Nevertheless, these goals provide useful guideposts and direction for water management practices.

The tables in this report include three types of water quality goals:

Maximum contaminant level goal (MCLG): The level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs are set by U.S. EPA.

Maximum residual disinfectant level goal (MRDLG): The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants.

Public health goal (PHG): The level of a contaminant in drinking water below which there is no known or expected risk to health. PHGs are set by the California EPA.

How are contaminants measured?
Water is sampled and tested throughout the year. Contaminants are measured in:
• Parts per million (ppm) or milligrams per liter (mg/L) • Parts per billion (ppb) or micrograms per liter (µg/L) • Parts per trillion (ppt) or nanograms per liter (ng/L) If this is difficult to imagine, think about these comparisons and equivalencies:

Parts per million (ppm or mg/L):
• 3 drops of liquid in 42 gallons
• 1 second in 12 days
• 1 inch in 16 miles
Parts per billion (ppb or µg/L):
• 3 drops of liquid in 14,000 gallons
• 1 second in 32 days
• 1 inch in 16,000 miles
Parts per trillion (ppt or ng/L):
• 10 drops of liquid in a Rose Bowl sized pool
• 1 second in 32,000 days
• 1 inch in 16 million miles
30 2024 METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA TREATED SURFACE WATER

CHEMICAL MCL
PHG
(MCLG)

AVERAGE
AMOUNT

RANGE OF

DETECTIONS
MCL
VIOLATION? TYPICAL SOURCE IN DRINKING WATER
Radiologicals - Tested in 2023 and 2024
Gross Alpha Particle Activity (pCi/L) 15 (0) ND ND - 5 No Erosion of Natural Deposits Gross Beta Particle Activity (pCi/L) 50 (0) 4 ND - 5 No Decay of Natural and Man-made Deposits Uranium (pCi/L) 20 0.43 1 ND - 3 No Erosion of Natural Deposits Inorganic Chemicals - Tested in 2024
Aluminum (ppm) 1 0.6 ND ND - 0.11 No Treatment Process Residue, Natural Deposits
Barium (ppm) 1 2 0.124 0.124 No Refinery Discharge, Erosion of Natural Deposits
Bromate (ppb) 10 0.1 ND ND - 1.6 No Byproduct of Drinking Water Ozonation Fluoride (ppm) 2 1 0.7 0.6 - 0.8 No Water Additive for Dental Health Secondary Standards* - Tested in 2024
Aluminum (ppb) 200* 600 ND ND - 110 No Treatment Process Residue, Natural Deposits
Chloride (ppm) 500* n/a 104 93 - 116 No Runoff or Leaching from Natural Deposits Color (color units) 15* n/a 2 1 - 2 No Naturally-occurring Organic Materials Odor (threshold odor number) 3* n/a 1 1 No Naturally-occurring Organic Materials Specific Conductance (µmho/cm) 1,600* n/a 979 888 - 1,070 No Substances that Form Ions in Water Sulfate (ppm) 500* n/a 224 196 - 253 No Runoff or Leaching from Natural Deposits Total Dissolved Solids (ppm) 1,000* n/a 621 556 - 686 No Runoff or Leaching from Natural Deposits Unregulated Chemicals - Tested in 2024
Alkalinity, total as CaCO3 (ppm) Not Regulated n/a 114 105 - 123 n/a Runoff or Leaching from Natural Deposits Boron (ppm) NL=1 n/a 0.14 0.14 n/a Runoff or Leaching from Natural Deposits Calcium (ppm) Not Regulated n/a 68 58 - 78 n/a Runoff or Leaching from Natural Deposits Hardness, total as CaCO3 (ppm) Not Regulated n/a 270 235 - 305 n/a Runoff or Leaching from Natural Deposits Hardness, total (grains/gal) Not Regulated n/a 16 14 - 18 n/a Runoff or Leaching from Natural Deposits Magnesium (ppm) Not Regulated n/a 26 22 - 29 n/a Runoff or Leaching from Natural Deposits pH (pH units) Not Regulated n/a 8.2 8.2 n/a Hydrogen Ion Concentration Potassium (ppm) Not Regulated n/a 4.9 4.4 - 5.4 n/a Runoff or Leaching from Natural Deposits Sodium (ppm) Not Regulated n/a 103 90 - 116 n/a Runoff or Leaching from Natural Deposits Total Organic Carbon (ppm) TT n/a 2.4 2 - 2.5 n/a Various Natural and Man-made Sources ppb = parts per billion; ppm = parts per million; pCi/L = picoCuries per liter; µmho/cm = micromhos per centimeter; ND = not detected; MCL = Maximum Contaminant Level; (MCLG) = federal MCL Goal; PHG = California Public Health Goal; NL = Notification Level; n/a = not applicable; TT = treatment technique * Chemical is regulated by a secondary standard.
31 UNREGULATED CHEMICALS REQUIRING MONITORING

CHEMICAL

NOTIFICATION

LEVEL PHG

AVERAGE
AMOUNT

RANGE OF

Manganese was included as part of the unregulated chemicals requiring monitoring.

METROPOLITAN WATER DISTRICT

DIEMER FILTRATION PLANT

TREATMENT

TECHNIQUE

TURBIDITY

MEASUREMENTS
TT
VIOLATION?

TYPICAL SOURCE IN DRINKING
WATER
Turbidity - combined filter effluent
1) Highest single turbidity measurement (NTU) 0.3 0.06 No Soil Runoff 2) Percentage of samples less than or equal to 0.3 NTU 95% 100% No Soil Runoff Turbidity is a measure of the cloudiness of the water, an indication of particulate matter, some of which might include harmful microorganisms. Low turbidity in Metropolitan’s treated water is a good indicator of effective filtration. Filtration is called a “treatment technique” (TT). A treatment technique is a required process intended to reduce the level of chemicals in drinking water that are difficult and sometimes impossible to measure directly.

NTU = nephelometric turbidity units
Drinking Water Contaminants
The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels over the surface of the land or through the ground, it dissolves naturally occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity.

Contaminants that may be present in source water include:
• Microbial contaminants, such as viruses and bacteria, that may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife.
• Inorganic contaminants, such as salts and metals, that can be naturally occurring or result from urban stormwater runoff, industrial or domestic wastewater discharges, oil and gas production, mining, or farming. • Pesticides and herbicides that may come from a variety of sources such as agriculture, urban stormwater runoff, and residential uses. • Organic chemical contaminants, including synthetic and volatile organic chemicals, that are by-products of industrial processes and petroleum production and can also come from gas stations, urban stormwater runoff, agricultural applications, and septic systems.
• Radioactive contaminants that can be naturally occurring or the result of oil and gas production and mining activities.

To ensure that tap water is safe to drink, the U.S. EPA and SWRCB prescribe regulations that limit the amount of certain contaminants in water provided by public water systems. U.S. Food and Drug Administration regulations and California law also establish limits for contaminants in bottled water that provide the same protection for public health.

Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the U.S. EPA’s Safe Drinking Water Hotline (1-800-426-4791). 32 Disinfectants and Disinfection
By-Products in Drinking Water
Disinfection of drinking water was one of the greatest public health advancements of the 20th century, significantly reducing the spread of waterborne diseases caused by bacteria and viruses. Today chlorine and chloramines are commonly used disinfectants to ensure safe drinking water.

How Disinfection Works
• Chlorine is added at the water source (groundwater wells or treatment plants) to kill harmful microorganisms.
• Residual chlorine remains in the distribution system to prevent bacterial growth in the pipes that carry water to homes and businesses.
• Chloramines, a combination of chlorine and ammonia,
are also used as a disinfectant and help reduce certain by-products.

Disinfection By-Products and Regulations
While effective, chlorine and chloramines can react with naturally occurring materials in water, forming disinfection by-products (DBPs), which may pose health risks. The most common DBPs are trihalomethanes (THMs) and haloacetic
acids (HAAs).

To protect public health, the U.S. EPA regulates DBPs under the Safe Drinking Water Act.
• In 1979, the U.S. EPA set the maximum allowable total THM level at 100 parts per billion (ppb).
• In 2002, the Stage 1 Disinfectants/Disinfection
Byproducts Rule lowered the limit to 80 ppb and added
HAAs to the list of regulated chemicals.
• In 2006, the Stage 2 Disinfectants/Disinfection
Byproducts Rule introduced further monitoring and
control measures.
• Full compliance began in 2012.

Your drinking water meets or exceeds all state and federal standards, with rigorous monitoring in place. We regularly test for DBPs and adjust treatment methods to maintain a safe balance between disinfection and by-product control.

PFAS Advisory
Per- and polyfluoroalkyl substances (PFAS) are a group of human-made chemicals that have been used in various consumer products since the 1940s due to their resistance to heat, water, oils, and stains. These chemicals are prevalent in the environment and have been detected in water supplies nationwide. Studies suggest that exposure to certain PFAS may pose health risks.

The U.S. EPA and DDW have established health-based
advisories for PFAS. If PFAS levels exceed these guidelines, water agencies must notify their governing bodies and take necessary actions, such as removing affected sources from service or implementing treatment solutions.

To address PFAS contamination, water providers have conducted testing and taken proactive steps to ensure safe drinking water.

Regulatory actions: The U.S. EPA announced final National Primary Drinking Water Regulations for six PFAS in April 2024.

Public water systems are required to monitor these substances, with full reporting and compliance expected by 2027.

For more details on PFAS regulations and water safety, visit:
• California State Water Resources Control Board,
Division of Drinking Water: waterboards.ca.gov/pfas
• Orange County Water District:
ocwd.com/what-we-do/water-quality/pfas
• U.S. EPA: epa.gov/pfas
Chloramines
Imported and locally produced drinking water is treated with chloramines, a combination of chlorine and ammonia, as a disinfectant. Chloramines effectively eliminate bacteria and other microorganisms that may cause disease. Compared to chlorine alone, chloramines last longer in the distribution system, produce fewer disinfection by-products, and have little to no odor when used properly.

Precautions
• Kidney dialysis patients: Individuals using kidney
dialysis machines should consult their health-care
provider regarding appropriate water treatment.
• Fish and aquatic life: Chloramines are toxic to fish
and other aquatic organisms. Customers maintaining
fish ponds, tanks, or aquariums should adjust water
treatment methods accordingly.

For more information, visit epa.gov/dwreginfo/chloraminesdrinking-water.

Important Health Information
Some people may be more vulnerable to contaminants in drinking water than the general population.

Immunocompromised persons such as persons with cancer
undergoing chemotherapy, persons who have undergone
organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice about drinking water from their health-care providers. U.S. EPA/ Centers for Disease Control (CDC) guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline (1-800-426-4791).

Lead Service Line Inventory
To address lead in drinking water, public water systems were required to develop and maintain an inventory of service line materials by October 16, 2024. Developing an inventory and identifying the location of lead service lines (LSL) is the first step for beginning LSL replacement and protecting public health. The Non-Lead Service Line Material Designation Statement can be found at san-clemente.org/ about-us/city-information/water-information. Please contact us if you would like more information about the inventory or any lead sampling that has been done.
33 About Lead in Tap Water
Lead can cause serious health effects in people of all ages, especially pregnant people, infants (both formula-fed and breastfed), and young children. Lead in drinking water is primarily from materials and parts used in service lines and in home plumbing.

The City of San Clemente is responsible for providing high-quality drinking water and removing lead pipes, but cannot control the variety of materials used in the plumbing in your home. Because lead levels may vary over time, lead exposure is possible even when your tap sampling results do not detect lead at one point in time. You can help protect yourself and your family by identifying and removing lead materials within your home plumbing and taking steps to reduce your family’s risk. Using a filter certified by an American National Standards Institute–accredited certifier to reduce lead is effective in reducing lead exposures. Follow the instructions provided with the filter to ensure it is used properly. Use only cold water for drinking, cooking, and making baby formula. Boiling does not remove lead from water.

Before using tap water for drinking, cooking, or making baby formula, flush your pipes for several minutes. You can do this by running your tap, taking a shower, or doing laundry or a load of dishes. If you have a lead or galvanized service line requiring replacement, you may need to flush your pipes for a longer period. If you are concerned about lead and wish to have your water tested, contact Utilities Manager Dustin Burnside at the City of San Clemente. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available at epa.gov/safewater/lead.

City of San Clemente Utilities Division
380 Avenida Pico, Building N • San Clemente, CA 92672
(949) 366-1553 • [email protected]
www.san-clemente.org/about-us/city-information/water-information 34 Statutory Exemptions. State code number:

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

Project Location - City: ______________________ Project Location - County:

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

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

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

1. Attach certified document of exemption finding.

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

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

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
Attachment 4
35 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 2, 2025 Agenda Item: 9A.

Submitted By: Planning Division
Prepared By: Jonathan Lightfoot, City Planner
Subject:
..titl e

CONSIDERATION OF A RESOLUTION IDENTIFYING THE CITY COUNCIL AS THE REVIEW

AUTHORITY FOR THE AMERICAN TOWER MANAGEMENT, LLC, CELL TOWER REPLACEMENT PROJECT, PUBLIC HEARING PROJECT (PHP) 25-361 ..body Fiscal Impact:

There is no fiscal impact should the City Council decide to serve as the Review Authority for the subject permit rather than the Planning Commission.

Relatedly, there are fiscal impacts associated with the project application itself that are set forth in the Release and Settlement Agreement dated November 19, 2024 (“Agreement”, provided as Attachment 2), which the City entered into with Harbor View Estates Homeowners Association (“HOA”) and American Tower Management, LLC (“American Tower”). Settlement payments have already been made in accordance with Section 4 of the Agreement. All fees for the discretionary subject application (which will be heard by the City Council or the Planning Commission per the City Council’s decision on this item), the fees for processing that application, and any fees for subsequent building permits and their processing or inspections, are to be waived by the City per Section 6 of the Agreement. However, there are contingency scenarios (Section 8 of the Agreement) where the staff time and fees would be billable to one of the other parties in the Agreement, either the HOA or American Tower.

Summary:

The City Council is being asked to consider a resolution, pursuant to San Clemente Municipal Code Section 17.12.060.D.3, that would designate the City Council as the Review Authority, rather than the Planning Commission, for the required public hearing on Public Hearing Project (PHP) 25-361. The primary reason for the request is the City Council is far more familiar with the project, the agreement, and the litigation history associated with the application.

The necessary public hearing will be held at a later date to consider a request by American Tower to amend County of Orange Conditional Permit (CP-1021), dated December 12, 1962, to replace an existing 70-foot-tall lattice communications tower with a 120-foot-tall monopole, which is the project that the parties contemplated when they entered into the Agreement. The current action before the City Council now does not involve the merits of the project, which will be heard once the application has been reviewed by staff and properly noticed. The narrow issue before the City Council currently is whether the City Council would like to designate themselves as the Review Authority for PHP 25-361.
36 Meeting Date: September 2, 2025 Agenda Item: 9A.

CITY OF SAN CLEMENTE 2
Background:

American Tower owns the property at 616 Del Dios, located along the Rancho San Clemente Trail, where a wireless communications tower (lattice) is located. The site was originally approved in 1962 under a Conditional Use Permit (CUP) issued by Orange County. In July 2023, the City and American Tower signed a Voluntary Compliance Agreement (VCA) requiring the tower’s height to be reduced to 70 feet, and American Tower completed this modification.

In October and November 2023, the City held public meetings where residents raised concerns about the site, including claims of nuisance, safety concerns and violations of the 1962 CUP. On December 5, 2023, the City Council voted to begin the process of reviewing and potentially revoking both the original CUP and the VCA1. Shortly after, on January 8, 2024, the HOA filed a lawsuit against the City, American Tower, and Dish Wireless, LLC. The lawsuit, among other claims, challenged the City’s approval of the VCA under the California Environmental Quality Act (CEQA).

At a January 16, 2024 public hearing, the City Council determined that American Tower was in violation of all three conditions of the original 1962 CUP, but held those findings in abeyance2. In other words, the City Council did not revoke or change the CUP or the VCA and instead decided to allow the parties time to work to resolve the issues and the ongoing litigation in a mutually acceptable manner.

Both hearings and settlement discussions continued throughout 2024. Ultimately, the parties executed the Agreement on November 19, 2024. As part of the settlement, American Tower agreed to submit an application to replace the lattice tower with a monopole tower (and address other public safety concerns), and the HOA agreed to support an increase in height of the new facility to 120 feet. That application has now been submitted by American Tower’s agent and is filed as Public Hearing Project 25-361. Requests for amendments to approved applications are governed by SCMC 17.12.180 - Applicant Requests to Change Approved Applications.

Given that this project is a significant modification and its consideration has in the past generated public impact or concern, SCMC Tables 17.12.020 and 17.12.025 establish that the default review process for an application of this type would include review by the Design Review Subcommittee followed by a public hearing with the Planning Commission as the final Review Authority, subject to appeal to the City Council. However, the City Council has the option to decide that the City Council be designated as the final Review Authority per SCMC

17.12.060.D.3, which states, “The City Council by majority vote may decide to serve as the Review Authority for any applications that require [an application review process subject to a lower-level Review Authority than the City Council] according to Table 17.12.020.” Pursuant to Section 7(a) of the Agreement, the City agreed to “reasonably cooperate in good faith” with all permit applications by American Tower related to the Agreement. Section 7(a)(i)(1) defines “reasonable cooperation” to include the City will process all applications “with deliberate speed and in compliance with all applicable laws….” Section 7(a)(ii) makes clear that the City retains all its discretionary decision-making authority. Thus, while direct consideration by the City

1 Agenda Item 10B from the December 5, 2023 City Council Meeting and Meeting Minutes 2 Agenda Item 8C from the January 16, 2024 City Council Meeting and Meeting Minutes 37 Meeting Date: September 2, 2025 Agenda Item: 9A.

CITY OF SAN CLEMENTE 3
Council without review by the Planning Commission is not required, it would be considered consistent with the intent behind the City’s good faith obligations in the Agreement to act with deliberate speed.

Given the City Council’s history in reviewing the property, proposed work, receiving, hearing and considering public comments, conducting multiple public hearings, and entering into the settlement Agreement, staff suggests the City Council would be the more appropriate Reviewing Authority for the required public hearing for this item pursuant to SCMC section 17.12.060.D.3.

Council Options:

1. Adopt Resolution 25-129 directing the required public hearing for application PHP 25-361, a request to amend County of Orange Conditional Use Permit (CP-1021) to replace an existing 70-foot-tall lattice communications tower with a 120-foot-tall monopole, be conducted by the City Council.

2. Direct staff to refer the application to the Planning Commission for the public hearing, which would be appealable to the City Council.

3. Provide alternate direction to staff.

Environmental Review/Analysis:

A determination of the appropriate Reviewing Authority is not a project as defined by the California Environmental Quality Act (CEQA).

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends the City Council adopt Resolution 25-129 to designate the City Council as the Review Authority for application PHP 25-361, a request by American Tower Management, LLC to amend County of Orange Conditional Permit (CP-1021), a cell tower replacement project, Public Hearing Project (PHP) 25-361.
..end
Attachment:

1. Resolution 25-129

2. Release and Settlement Agreement dated November 19, 2024 Notification:

1. Harbor View Estates Homeowners Association

2. American Tower Management, LLC

3. Dish Wireless, LLC
38 Attachment 1
RESOLUTION NO. 25-129

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, DECIDING THAT THE CITY

COUNCIL SHALL SERVICE AS THE REVIEW AUTHORITY,

PURSUANT TO SAN CLEMENTE MUNICIPAL CODE
SECTION 17.12.060.D.3, FOR PUBLIC HEARING PROJECT
25-361, A REQUEST BY AMERICAN TOWER

MANAGEMENT, LLC TO AMEND COUNTY OF ORANGE
CONDITIONAL PERMIT (CP-1021) WITH RESPECT TO

REPLACEMENT OF AN EXISTING COMMUNICATIONS
TOWER
WHEREAS, American Tower Management, LLC (“American Tower”) owns certain real property located at 616 Del Dios, San Clemente, California 92672, Assessor’s Parcel Number 690-552-05 (the "Property"). The Property contains wireless communications facilities (the "Facilities"). American Tower is the current owner of the tower located at the Property (the "Tower"); and
WHEREAS, the current use of the Property was approved under Conditional Use Permit No. CP-1021 by the Orange County Planning Division ("1962 CUP"). The 1962 CUP permits the development and use of the Property, Facilities, and Tower as a wireless communications facility; and
WHEREAS, the City entered into a multiparty Release and Settlement Agreement dated November 19, 2024 (the “Agreement”) to resolve a dispute amongst the City, the Harbor View Estates Homeowners Association, American Tower, and DISH Wireless LLC; and
WHEREAS, American Tower has submitted an application, Public Hearing Project (PHP) 25-361, to replace the lattice communications tower with a monopole in accordance with the terms of the Agreement; and
WHEREAS, the application constitutes an amendment to an approved application, which is governed by San Clemente Municipal Code (SCMC) Section 17.12.180; and WHEREAS, SCMC 17.12.060.D.3 states that the “City Council by majority vote may decide to serve as the Review Authority for any applications that require a lower level Process according to Table 17.12.020”.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, does find, determine and resolve as follows:

SECTION 1. The above recitals are true and correct and incorporated herein fully by this reference as findings.

SECTION 2. Pursuant to SCMC 17.12.060.D.3, the City Council of the City of San Clemente hereby decides that it will serve as the Review Authority for PHP 25-361, a request 39 Resolution No. 25-129 Page 2
by American Tower to amend County of Orange Conditional Permit (CP-1021) to replace an existing communications tower.

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

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City Steve Knoblock, Mayor of the City of San Clemente, California of San Clemente, California 40 Resolution No. 25-129 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-129 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
41 RELEASE AND SETTLEMENT AGREEMENT
This RELEASE AND SETTLEMENT AGREEMENT (this "Agreement") is made effective as of the latter signature date hereof (the "Effective Date") by and among Harbor View Estates Homeowners Association, a Common Interest Development Nonprofit Corporation ("HOA"), the City of San Clemente (the "City"),American Tower Management, LLC ("American Tower"), and DISH Wireless LLC ("DISH').

The HOA, the City, American Tower, and DISH are collectively sometimes referred to herein as the "Parties" and, individually, as a "Party."

RECITALS
A. American Tower owns certain real property located at 616 Del Dias, Rancho San Clemente Trail, Rancho San Clemente, California 92672 (APN: 690-552-05) (the "Property"). The Property contains wireless communications facilities (the "Facilities"). American Tower is the current owner of the tower located at the Property (the "Tower").

B. The current use of the Prope1ty was approved under Conditional Use Petmit No. C-1021 by the Orange County Planning Division, ("1962 CUP" attached hereto as Exhibit A). The 1962 CUP pennits the development and use of the Prope1ty, Facilities, and Tower as a wireless communications facility.

C. On or about July 6, 2023, American Tower and the City entered into an agreement pursuant to which the Tower would be reduced to a maximum of 70 feet in height, as more fully discussed therein ("Volunta,y Compliance Agreement" or "VCA" attached hereto as Exhibit B). American Tower thereafter reduced the height of the Tower to 70 feet in accordance with the VCA.

D. On October 17 and November 8, 2023, the City held public meetings concerning the Property and certain members of the public alleged nuisance and violations of conditions set forth in the 1962 CUP at the Property. On December 5, 2023, the San Clemente City Council ("City Councif') adopted Resolution No. 23-159 to initiate a public heaiing to consider changing or revoking the 1962 CUP and the VCA based upon these allegations.

E. On or about January 8, 2024, the HOA filed an action against the City, American Tower, and DISH (collectively, "Respondents") advancing causes of action including, but not limited to, under the California Environmental Quality Act ("CEQA"), California Public Resources Code section 21000, et seq., challenging the legality of the Voluntary Compliance Agreement entered into between the City and American Tower (Case No. 30-2024-013 71169-CU-WM-CXC) (the "Litigation").

F. On January 16, 2024, the City Council held a public hearing to consider changing or revoking the 1962 CUP, the VCA, and Wireless Screening Fonn WMS 23-231 submitted by DISH. The City Council made findings that American Tower was in violation of all three conditions of approval contained in the 1962 CUP ("Findings"), but did not make any changes to or revoke the 1962 CUP or the VCA.

G. The allegations advanced by the public with respect to the Property including but not limited to the allegations in the Litigation, as well as the allegations considered by the City with respect to the Prope1ty and any allegations arising out of or relating to any of the materials in the City's files relating to the Property, including, without limitation, the Findings, are collectively refe1Ted to herein as the "Dispute."
Attachment 2
42 H. The Parties, without any admission of liability, desire to settle with finality, compromise, dispose of, and release all claims arising out of or in any way related to the Dispute and the claims that were asserted, or that could have been asserted, in the Litigation or any other forum.

NOW, THEREFORE, in consideration of the promises, covenants, provisions, payments and mutual agreements set forth in this Agreement, none of which shall constitute an admission of liability or admission against interest, and other good and valuable consideration, the receipt, adequacy, and sufficiency of which the Parties expressly acknowledge, the Parties hereby agree and covenant as follows:

1. Recitals. The recitals set fo1th above are hereby incorporated in and made a part of this Agreement.

2. Dismissal of Lawsuit. The HOA shall seek dismissal with prejudice of the Litigation from the Court within fifteen (15) days after the Effective Date of this fully executed Agreement.

3. Site Security.
(a) To the extent not already commenced, following dismissal of the Litigation as set forth in Paragraph 2 above and within a commercially reasonable time, American Tower shall commence improving the site security around the existing Facilities ("Site Security Measul'es"). The Site Security Measures shall include:
(i) Installing down-facing motion sensitive security lights; (ii) Installing security cameras; and
(iii) Installing erosion control measure(s) that are mutually acceptable to American Tower and the City.
(b) Except for work related to preparing, submitting and perfecting all necessary permits and approvals for the Site Security Measures ("Site Security Approvals"), American Tower shall not commence work on any Site Security Measures unless and until all Site Security Approvals have been issued. (c) If any necessary pennit or approval from the City for work relating to the Site Security Measures, or any po1tion of them, is not approved or conditionally approved by the City, American Tower shall have no obligation to implement such particular Site Security Measure, but shall implement the remainder. lf any necessary pennit or approval from any other governmental authority for work relating to the Site Security Measures is not approved or conditionally approved by such other governmental authority, the Parties will meet and confer within thirty (30) days from such denial and engage in good-faith efforts to find an alternative solution to achieve substantially the same benefit as would be provided by the improvements in the denied application.
(d) If any necessa1y pennit or approval is issued with conditions that American Tower, in its sole discretion, detennines to be unreasonable or economically infeasible, American Tower shall have no obligation to implement such pa1ticular Site Security Measure, but shall implement the remainder. (e) The HOA shall issue a one-time written notice to all households that comprise the HOA that (i) reminds members, their members' children, and their members' guests not to trespass on the Property or the Tower; and (ii) provides phone numbers for the Orange County Sheriffs Office, the City Park Rangers, and American Tower's Network Operations Center (877-518-6937, [email protected]) where trespassing may be reported. 2 43

4. Settlement Payments.
(a) Within ninety (90) days of the Effective Date of this Agreement, the City shall pay American Tower the sum of Ninety Thousand Dollars and Zero Cents ($90,000.00) (the "City Cost Contribution"). Within ninety (90) days of the Effective Date of this Agreement, the HOA shall pay American Tower the sum of Sixty Thousand Dollars and Zero Cents ($60,000.00) (the "HOA Cost Contribution"). The HOA Cost Contribution shall be paid as follows: (i) Ten Thousand Dollars ($10,000.00) shall be paid by the HOA directly to American Tower; and (ii) Fifty Thousand Dollars ($50,000.00) shall be paid to American Tower by the City on the HOA 's behalf pursuant to the terms of a loan agreement between the City and the HOA executed substantially contemporaneous with this Agreement ("Loan Agreemeut"). The City Cost Contribution and HOA Cost Contribution is collectively referred to in this Agreement as the "Combined Cost Contribution".

All payments made pursuant to this Paragraph shall be made by Automated Clearing House ("ACH') to the following:

ACH/Wires
Account Name:

ABA Routing #:

American Towers LLC
02 1000021
Account#: 227723662
Bank Address
270 Park Avenue New York City, New York 10017
Email Remittance Address
[email protected]
(b) The Parties acknowledge that: (i) Fifty Thousand Dollars and Zero Cents ($50,000.00) from the City's Cost Contribution represents a secured loan by the City to the HOA, which will be repaid by the HOA to the City pursuant to the terms and conditions of a promissory note (the "Note"), which has been or will be executed substantially contemporaneous with the execution of this Agreement and the Loan Agreement; and (ii) the City shall have no obligation to pay the City's Cost Contribution or any po11ion of the HOA's Cost Contiibution until and unless the HOA executes the Note and the conditions precedent in the Loan Agreement are satisfied.

5. Replacement Monopole.
(a) American Tower will remove and replace the existing lattice Tower with a new Monopole ("Mo11opo/e," and collectively with all related work the "Project"). The Monopole shall be up to 120 feet tall and constructed in a manner compliant with all objective regulations, rules and standards in applicable health and safety codes, which includes without limitation all building codes, electrical codes and all federal standards for human exposure radiofrequency emissions.
(b) American Tower will submit all necessary applications for permits and/or approvals for the Project to the City within a commercially reasonable time after all payments have been received pursuant to Paragraph 4 above. For the avoidance of doubt, American Tower shall have no obligation to take any action in furtherance of the Project until its receipt of all payments set forth in Paragraph 4 above.

Upon request from DISH, American Tower shall provide copies of such submitted applications to DISH within a commercially reasonable time.
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(c) Subject to Paragraphs 8 and 9 below, American Tower will begin construction of the Monopole within a commercially reasonable time after (i) all necessary permits and approvals for the Project ("Approvals") have been issued, and (ii) all applicable limitations periods in which any Party or third party could challenge such Approvals have expired. (d) Subject to Paragraphs 8 and 9 below, American Tower will commence removal of the existing lattice Tower within a conunercially reasonable time after (i) the Monopole has been fully constructed, (ii) all carrier tenants' and licensees' ("Customers") equipment on the lattice Tower at the time the Monopole construction is complete ("Custome1· Equipment") has been relocated from the Tower to the Monopole, and (iii) the Custo1ner Equipment is functional and operational. For the avoidance of doubt, there shall be no downtime or degradation in service as a result of the Project for Customers with equipment on the lattice Tower at the time the Monopole construction is complete. For purposes of this Agreement, the definition of Customers includes, but is not limited to, DISH. (e) All work performed by American Tower in connection with the Project shall be perfom1ed to American Tower's standards and in compliance with all generally applicable laws and regulations related to public health, safety and welfare.
(t) Termination of the Voluntary Compliance Agreement. Within thirty (30) days of (i) the Customers having achieved fully operational status on the Monopole and (ii) the amendment of the 1962 CUP as set fo1ih more fully herein, the City and American Tower shall execute and deliver one (1) original te1mination to the VCA in the fmm attached hereto as Exhibit C. Contemporaneous with the execution of this Agreement, the City and American Tower shall also execute and deliver the Tolling Agreement attached hereto as Exhibit D.

6. Cost Contribution.
(a) The City shall waive any and all fees associated with the Project, including, but not limited to: (i) pe1mit application fees; (ii) construction and/or building pennit fees associated with the Tower removal; (iii) constmction and/or building pennit fees associated with the Monopole constmction; and (iv) any other fees pe1111itted or imposed by applicable law. (b) American Tower shall pay all costs associated with the Project not othe1wise set forth or addressed above.

7. Regulatory Approvals; Cooperation Amongst the Parties. (a) The City will reasonably cooperate in good faith with all pennit applications and other requests for approval in connection with any work and/or improvements reasonably related to American Tower's obligations under this Agreement, including but not limited to, applications to relocate the Customer Equipment to the Monopole and any Customer applications to install and operate equipment on the Tower submitted in connection with the application for the Monopole (collectively, "Applications"). (i) "Reasonable Cooperation" means that the City will (I) process all Applications with deliberate speed and in compliance with all applicable laws; (2) endeavor to schedule and hold any required public meetings or hearings as soon as practicable; and (3) waive all fees for all Applications reasonably related to American Tower's obligations under this Agreement. (ii) The Parties understand that the City cannot waive its discretiona1y decisionmaking authority through this Agreement, and that Reasonable Cooperation by the City does not guarantee any approval, denial, or other outcome.
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(iii) The City further agrees that it will reasonably cooperate in good faith with all pennit applications and other requests for approval by American Tower or its Customers for a period of five (5) years following the execution of this Agreement. (b) American Tower will reasonably cooperate in good faith with all incomplete notices and requests for additional information issued by City staff in connection with the Applications. American Tower understands and agrees that its reasonable cooperation includes, without limitation: (i) timely responses to inquiries and/or incomplete notices from City staff; (ii) good faith consideration of requests from the City to toll Applications for up to 30 days; (iii) designating a single point of contact for City staff to engage with in connection with the Applications and Approvals, which shall be Bonnie Belair ([email protected]), but which point of contact may be changed upon notice to the City; and (iv) waiving its right under Cal. Gov. Code Section 65964.1 to seek automatic approval for applications to constrnct the Monopole described herein.
(c) Except as otherwise set forth in this Agreement, American Tower will engage in all required activities to complete the Project within a commercially reasonable amount oftime. (d) The HOA will publicly support and not oppose any and all aspects of the Project, including, but not limited to, any request or proposal by American Tower to constrnct the replacement Monopole up to 120 feet tall.
(e) The HOA will publicly suppmi and not oppose any and all Applications made by American Tower or its Customers, as defined herein. If any Applications require a public meeting or hearing, the HOA will submit a short and plain written statement of support to be included in the administrative record. (f) The HOA wiU publicly support and not oppose use of the existing lattice Tower by American Tower and/or its Customers until (1) the Monopole is fully constructed; (2) all necessary Customer Equipment has been installed on the Monopole and/or relocated from the Tower to the Monopole; (3) the Customer Equipment is operational; and ( 4) a commercially reasonable amount of time has passed and American Tower has yet to commence removal.
(g) The HOA will publicly support and not oppose use of the Monopole by American Tower and/or its Customers in accordance with the 1962 CUP at any point in time. American Tower will inform the HOA, via email, of any instances where their public support is required at least three (3) days prior to the date said support is required.
(h) The HOA will publicly support the rescission of the City Council's Findings by and through execution of the Jetter attached hereto as Exhibit E. If any further public meetings or hearings are held to consider the Findings, the HOA will submit a short and plain w1itten statement of support for rescission to be included in the administrative record.
(i) The HOA will publicly oppose any third-party attempts to challenge, modify, or revoke the 1962 CUP. If any further public meetings or hearings are held to consider the amendment or revocation of the 1962 CUP, the HOA will submit a sho1t and plain written statement of opposition to an amendment or revocation to be included in the administrative record. (j) The City agrees that (i) the 1962 CUP is vested; (ii) the I 962 CUP does not contain an expiration date; (iii) the 1962 CUP pem1its the current use of the Property, Facilities, and Tower for wireless telecommunication purposes; (iv) the 1962 CUP permits the cuITent Tower; and (v) the 1962 CUP, once its exhibit is amended per the section below, permits the future Monopole. The City represents that, upon execution of this Agreement, to the City's best and current knowledge, the Property, the Facilities, and the 5 46
existing Tower are in full compliance with all applicable laws, rules, and regulations, including, but not limited to, the 1962 CUP.
(i) The Parties agree that, following completion of the pe1111itting for the Monopole, the 1962 CUP's exhibit shall be amended to reflect that the new tower shall be a Monopole that shall be 120' in height.

8. Agreement Contingent On.
(a) The Parties agree that American Tower shall have no obligation to initiate, continue, and/or complete the Project if any of the following occur (individually a "Co11ti11gency," and collectively the "Contingencies"):
(i) • The HOA and/or the City fail to timely make all payments as set forth in Paragraph 4, above. In the event the HOA and/or the City fail to timely make such payments, the HOA and/or the City, as applicable, shall have a five (5) calendar day grace period to cure such failure. (ii) The City and/or any other applicable governmental authority or authorities fails to issue any permit or approval, or revokes any existing pe1mit or approval, necessary for the Project to proceed in accordance with law and within a reasonable time, taking into account the nature and scope of the Project and any agreements between the City and American Tower to extend the tirneframes for the City's review of the Project under applicable state or federal laws. (iii) The City and/or any other applicable governmental authority or authorities imposes any condition unsatisfactory to American Tower, to be detem1ined in American Tower's sole discretion, in connection with any Approvals for the Project to proceed in accordance with law, including, without limitation, any condition that differs in any way from the conditions currently contained in the 1962 CUP.
(iv) Any litigation, including, without limitation, any CEQA litigation or any action for mandamus, is filed or threatened to be filed against American Tower, the City, and/or any of American Tower's Customers based on, arising out of, or relating in any way to the Project or this Agreement.
(v) Any adverse administrative action is initiated by any governmental or regulatory agency against American Tower, the City, or any of American Tower's Customers based on, arising out of, or relating to the Project.
(b) In the event any Contingency is triggered, American Tower may, at its sole discretion, elect to pursue the Contingency Option set fo1th in Paragraph 9 below. (c) If the HOA breaches any of its obligations set forth in this Agreement, American Tower may, at its sole discretion, elect to pursue the Contingency Option set forth in Paragraph 9 below. (d) Responsibility for any fees actually waived by the City in connection with the replacement Monopole(" Waived Fees") shall be bome (i) completely by any Party that is solely responsible for a failed Contingency, or (ii) in equal shares by any Parties whose acts or omissions contributed to a failed Contingency. By way of example, but which list is not exhaustive:
(i) The City shall be responsible for all Waived Fees if the City denies any Application and the HOA did not oppose the Application;
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(ii) The HOA shall be responsible for half ( 1/2) the Waived Fees if the HOA opposes any Application, and the City denies the Application;
(iii) The HOA shall be responsible for all Waived Fees if the HOA files a lawsuit against the City to challenge any approval associated with the Project; (iv) The City shall be responsible for all Waived Fees if American Tower withdraws any Application based on any lawsuit filed by a third-pa1iy who is not the HOA; and (v) American Tower shall be responsible for all Waived Fees if it unilaterally withdraws any Application if a Contingency has not been triggered and/or without any breach of any other obligation set forth in this Agreement by the HOA and/or the City.

9. Rights and Obligations if Contingency is Triggered ("Contingency Option"). If the Contingency Option is triggered as set forth in Paragraph 8 above, the Parties agree to the following:
(a) American Tower shall have no further obligation to pursue the Project, including but not limited to no obligation under Paragraphs 5 through 7 above. (b) American Tower shall remain obligated to implement the Site Security Measures as and to the extent set fo1ih in Paragraph 3 above.
(c) The Pa1iies agree that the 70' existing Tower shall remain in place. American Tower shall have no obligation to remove, replace, or make any other changes to the existing Tower. The conditions currently set fo1ih in the 1962 CUP shall remain in effect. (d) The City shall remain obligated to comply with all applicable provisions of this Agreement including, but not limited to, Paragraphs 4, 5(f), 6, 7(a), 7(j), 8(d), and 25. (e) The HOA shall remain obligated to comply with all applicable prov1s10ns of this Agreement, including, but not limited to, Paragraphs 2, 3(e), 4, 7(e) through 7(i), 8(d), 10, I 1, 12, and 25. (f) Notwithstanding anything in this Agreement to the contrary, if the Contingency Option is triggered (i) within thirty (30) calendar days of the execution of this Agreement, (ii) through no fau lt of the HOA or the City, and (iii) after American Tower has received all payments set forth in Paragraph 4 above, American Tower shall, within thirty (30) calendar days after such Contingency Option is triggered, refund the City's Cost Contribution to the City and the HOA's Cost Contribution to the HOA, both in their entirety and any without setoff, prior demand or counterclaim. If the Contingency Option is triggered at any other time and/or under any other circumstances, American Tower shall, within thi1iy (30) calendar days after such Contingency Option is triggered, refund the entirety of (a) the Combined Cost Contribution minus (b) all costs incuned by American Tower arising out of or relating to any obligations it may have under this Agreement, to the City (the "Pal'tial Refimd"). The City shall receive the entire Partial Refund and be responsible for distributing the received funds as follows: first, to any outstanding interest due under the Loan Agreement; second, to any outstanding principal due under the Loan Agreement; and third, any remainder from the Partial Refund shall be divided between the City and the HOA, with the City retaining 90% of any remainder from the Partial Refund and the HOA receiving 10% of any remainder from the Partial Refund.

10. HOA Release. The HOA for itself, and its respective shareholders, officers, directors, managers, representatives, agents, servants, employees, partners, principals, parents, subsidiaries, affiliates, predecessors, guarantors, attorneys, insurers, successors and assigns, and any person or entity claiming any right derivative of it ( collectively, the "HOA Parties"), does hereby unconditionally, knowingly, and 7 48
completely remise, release, and forever discharge the Respondents, together with the Respondents' respective past and present parent companies, predecessors, subsidiaries, affiliates, agents, employees, officers, directors, partners, related entities, stockholders, members, managers, tenants, licensees, sublessees, sublessors, contractors, lenders, insurers, attorneys, heirs, successors, and assigns and all other persons acting on behalf of or claiming under the Respondents, of and from any and all claims, lawsuits, liabilities, demands, ob ligations, actions and/or causes of action, and debts and fees of any kind or character whatsoever, including any claim for attorneys' fees, interest, or costs of litigation, whether at law or in equity, whether known or unknown, whether asserted or unasse1ied, which the HOA Parties had and/or have up to and through the Effective Date of this Agreement, arising out of or in any way related to any conduct or any alleged acts or omissions of any nature whatsoever, relating in any manner whatsoever to the 1962 CUP, the VCA, the Findings, the Dispute, and/or the Litigation, save and except the Parties' obligations under this Agreement.

11. California Civil Code Section 1542 Waiver. The HOA for itself and the HOA Parties each waive and relinquish all rights and benefits under California Civil Code Section 1542, which provides in pertinent part:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." The Parties, by their initials below, acknowledge for themselves and represent to the other Pa1ties that they have read California Civil Code Section 1542, have consulted with legal counsel or had the oppo1iunity to consult with legal counsel and understand its meaning.

City Initials American Tower Initials DISH Initials
The Paities acknowledge that each may hereafter discover facts different from or in addition to those now !mown or believed to be trne with respect to the claims, demands or causes of action, arising from or related to the Dispute, and agree that this Agreement shall be and remain effective in all respects notwithstanding any such different or additional facts.

12. Covenant Not to Sue. The HOA covenants not to sue the City, American Tower, or DISH for any action, inaction or omission based on, arising out of, or relating to the Site Security Measures, the Project, and/or the Contingency Option, except for any alleged breach of this Agreement.

13. Representations. Each undersigned individual, by his or her signature below, hereby represents and warrants that he or she is of legal age, legally competent to execute this Agreement, and fully authorized by the Party on whose behalf he or she signs this Agreement with the right, power, and authority to execute, enter into and deliver this Agreement and to perform its obligations hereunder on behalf of such Party. Each Party hereby further represents and warrants to each of the other Parties that, as of the date on which each Party executes this Agreement: (i) this Agreement has been read in its entirety and has been knowingly and voluntarily executed by each Party's representative; (ii) the execution and delivery of this Agreement has been authorized by all necessary corporate and/or company authorizations of such Party; (iii) no other proceedings or actions by such Party are necessary to authorize the execution and delivery of this Agreement or to carry out the transactions contemplated herein; (iv) no consent, authorization, order or approval of, or filing or registration with, any governmental authority or other person is required for the execution and delivery of this Agreement by such Party; and (v) this Agreement constitutes a valid and binding obligation of such Party.
8 49
completely remise, release, and forever discharge the Respondents, together with the Respondents' respective past and present parent companies, predecessors, subsidiaries, affiliates, agents, employees, officers, directors, partners, related entities, stockholders, members, managers, tenants, licensees, sublessees, sublessors, contractors, lenders, insurers, attorneys, heirs, successors, and assigns and all other persons acting on behalf of or claiming under the Respondents, of and from any and all claims, lawsuits, liabilities, demands, obligations, actions and/or causes of action, and debts and fees of any kind or character whatsoever, including any claim for attorneys' fees, interest, or costs of litigation, whether at law or in equity, whether known or unknown, whether asserted or unasserted, which the HOA Parties had and/or have up to and through the Effective Date of this Agreement, arising out of or in any way related to any conduct or any alleged acts or omissions of any nature whatsoever, relating in any manner whatsoever to the 1962 CUP, the VCA, the Findings, the Dispute, and/or the Litigation, save and except the Parties' obligations under this Agreement.

11. California Civil Code Section 1542 Waiver. The HOA for itself and the HOA Parties each waive and relinquish all rights and benefits under California Civil Code Section 1542, which provides in pertinent part:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." The Parties, by their initials below, acknowledge for themselves and represent to the other Parties that they have read California Civil Code Section 1542, have consulted with legal counsel or had the opportunity to consult with legal counsel and understand its meaning.

AD
HOA Initials City Initials American Tower Initials DISH Initials The Parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to the claims, demands or causes of action, arising from or related to the Dispute, and agree that this Agreement shall be and remain effective in all respects notwithstanding any such different or additional facts.

13. Representations. Each undersigned individual, by his or her signature below, hereby represents and warrants that he or she is oflegal age, legally competent to execute this Agreement, and fully authorized by the Party on whose behalf he or she signs this Agreement with the right, power, and authority to execute, enter into and deliver this Agreement and to perform its obligations hereunder on behalf of such Party. Each Party hereby further represents and warrants to each of the other Parties that, as of the date on which each Party executes this Agreement: (i) this Agreement has been read in its entirety and has been knowingly and voluntarily executed by each Party's representative; (ii) the execution and delivery of this Agreement has been authorized by all necessary corporate and/or company authorizations of such Party; (iii) no other proceedings or actions by such Party are necessary to authorize the execution and delivery of this Agreement or to carry out the transactions contemplated herein; (iv) no consent, authorization, order or approval of, or filing or registration with, any governmental authority or other person is required for the execution and delivery of this Agreement by such Party; and (v) this Agreement constitutes a valid and binding obligation of such Party.
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completely remise, release, and forever discharge the Respondents, together with the Respondents' respective past and present parent companies, predecessors, subsidiaries, affiliates, agents, employees, officers, directors. partners, related entities, stockholders. members, managers, tenants, licensees, sub lessees, sublessors, contractors, lenders, insurers, attorneys, heirs, successors, and assigns and all other persons acting on behalf of or claiming under the Respondents, of and from any and all claims, lawsuits, I iabi I ities, demands, obi igations, actions and/or causes of action, and debts and fees of any kind or character whatsoever, including any claim for attorneys' fees, interest, or costs of litigation, whether at law or in equity, whether known or unknown, whether asserted or unasserted, which the HOA Parties had and/or have up to and through the Effective Date of this Agreement, arising out of or in any way related to any conduct or any alleged acts or omissions of any nature whatsoever, relating in any manner whatsoever to the 1962 CUP, the VCA, the Findings, the Dispute, and/or the Litigation, save and except the Parties' obligations under this Agreement.

11. California Civil Code Section 1542 Waiver. The HOA for itself and the HOA Parties each waive and relinquish all rights and benefits under California Civil Code Section 1542, which provides in pertinent part:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." The Parties, by their initials below, acknowledge for themselves and represent to the other Parties that they have read California Civil Code Section 1542, have consulted with legal counsel or had the opportunity to consult with legal counsel and understand its meaning.

HOA Initials City Initials American Tower Initials DISH Initials The Parties acknowledge that each may hereafter discover fac ts different from or in addition to those now known or believed to be true with respect to the claims, demands or causes of action, arising from or related to the Dispute, and agree that this Agreement shall be and remain effective in all respects notwithstanding any such different or additional facts.

14. Force Majeure. No Party shall not be deemed in default or breach of this Agreement by reason of any event which constitutes a force majeure. For purposes of this Agreement, a force majeure is defined as any event arising from causes beyond the reasonable control of any Party that delays or prevents performance. This includes, without limitation, acts of God, acts of war, power outages, mandatory or advisory evacuations, mandatory closures, pandemics, epidemics, acts of terrorism, fire, explosion, extraordinary weather events, restraint by court order or public authority, strikes, riots, work stoppages, supply chain disruptions, or other causes beyond any Party's reasonable control.

15. No Admissions. This Agreement represents and constitutes a full and final settlement of the Litigation and, as between the Parties, the Dispute. Nothing in this Agreement shall be construed as or shall be deemed an admission of liability, obligation, or wrongdoing whatsoever by any Party, except to the extent of the obligations expressly set forth herein.

16. Full Integration. This Agreement, including any exhibits and any other documents expressly referenced herein, constitutes the Parties' final and entire agreement on the matters expressed herein and supersedes all prior negotiations, discussions, representations, or agreements regarding settlement of the Dispute resolved by this Agreement.

17. Governing Law; Venue. This Agreement shall be governed by, constiued, interpreted, applied, and enforced in accordance with the laws of the state of California, without regard to the conflicts of laws principles of such state. Sole and exclusive jurisdiction and venue for any action, suit or litigation arising from or related to this Agreement shall be in the Superior Cou1t of California, County of Orange.

18. Computation and Interpretation of Time. As used in this Agreement, "days" means calendar days unless the last day for performance falls on a Saturday, Sunday or other day on which the City is closed for business, in which case the last day for perfonnance shall be interpreted to mean the next day on which the City is open for business.

19. No Reliance. The Parties each represent and wa1nnt that there have been no representations or promises made by the other upon which either has relied in connection with this Agreement, other than what is set forth herein in writing.

20. Counterparts Permissible. This Agreement may be executed in several counterparts, and all so executed shall constih1te one Agreement, binding on all the Parties, even though all of the Parties are not signatories to the original or the same counterpart. Furthermore, the Parties may execute and deliver this Agreement by electronic means such as .pdf or similar format. Each of the Parties agrees that the delivery of the Agreement by electronic means shall have the same force and effect as delivery of original signatures and that each of the Parties may use such electronic signatures as evidence of the execution and delivery of the Agreement by all Parties to the same extent as an original signature.

21. No Amendment Unless in Writing. No change, amendment, or modification to or of this Agreement shall be valid unless it is in writing and signed by all of the Parties.

22. Severability. Each term and provision of this Agreement is intended to be severable. If any te1m or provision of this Agreement is deemed or dete1mined to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of any other term or provision of this Agreement unless the essential purposes of the Parties are thereby frustrated.

23. Binding Upon Successors and Assigns. The Parties recognize and agree that the tenns and provisions of this Agreement shall inure to the benefit of and shall be binding upon the successors and assigns, if any, of the Parties.
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24. No Amendment of 1962 CUP or VCA. Except for the Termination of the VCA referenced in Paragraph 5(£) above and detailed in Exhibit C hereto, this Agreement does not alter or amend any aspect of the VCA or the 1962 CUP, or any other legal right, pe1mit, or pe1mission of American Tower with respect to the Property and Facilities.

25. Further Cooperation. The Parties agree to cooperate in taking any and all steps necessaty to give full force and effect to this Agreement, and to execute any and all additional documents necessary to effectuate the tenns and conditions of this Agreement.

THE UNDERSIGNED HA VE HAD THE FULL, COMPLETE, AND UNRESTRICTED RIGHT TO HAVE EACH AND EVERY PARAGRAPH, TERt"VI, AND/OR PROVISION OF THIS

AGREEMENT AND EACH AND EVERY RESULT AND CONSEQUENCE OF ITS EXECUTION

BY THE UNDERSIGNED FULLY EXPLAINED TO THE UNDERSIGNED BY COMPETENT

AND EXPERIENCED LEGAL COUNSEL SELECTED AND RETAINED SOLELY BY THE UNDERSIGNED. THE UNDERSIGNED HA VE CAREFULLY READ THIS AGREEMENT AND ANY EXHIBIT ATTACHED HERETO; FULLY UNDERSTAND THE CONTENTS THEREOF;

FULLY, FREELY, AND VOLUNTARILY AGREE TO AND ACCEPT EACH AND EVERY

PARAGRAPH, TERM AND/OR PROVISION CONTAINED IN THIS AGREEMENT, AND

FULLY, FREELY, AND VOLUNTARILY AGREE TO AND ACCEPT THE AGREEMENT AS BINDING UPON THE UNDERSIGNED FOR ANY AND ALL PURPOSES WHATSOEVER. [SIGNATURES FOLLOW ON NEXT PAGE]
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IN WITNESS WHEREOF, each Party has executed, or has caused its duly authorized representative to execute, as applicable, this Agreement as of the Effective Date.

AMERICAN TOWER:

American Tower Management, LLC,
a Delaware limited liability company
By: ~ ( - --/L,,_,_,,~ . Name: RICHARD ROSSI 7
Title: SENIOR VICE PRESIDENT
GENERAL COUNSEL US iOWER
Date: \ \- I ~t - d-- 4

ACKNOWLEDGEMENT
Commonwealth of Massachusetts
County of Middlesex
On this ~day of NQ\JE.M"t.R , 202~, before me, the undersigned Notary Public, personally appeared QI CHARD R.C'ffi l S\J~ GeN.;.P.-i\UYllt,,.;':;fL USL personally known to me (or proved to me on' the basis of satisfact~ry evidence) to be the pers6n(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.
kxiA/\Mdt 1JI( .f:cuuIItur otary Public
Print Name: AMI\N.Dfs M · £AlRl1,Jf:AJttER
My commission expires: I\ /,;J?i /~
T I
{:;; AMANDA M. FAIRWEATHER
@ Notary Public
Commonwealth. of Massa.chusetts
My Comm1ss1on Expires
November 29, 2024
[SEAL]
[SIGNATURES CONTINUE ON NEXT PAGE]
l l
54 OWNER:

Harbor View Estates Homeowners
Association, a nonprofit common interest
development corporation
Byi2----
Name: ~ ~ Title: r9re c-v ~r{J
Date: fV Q>d { 1f Zo "Z...<::::( (

ACKNOWLEDGEMENT
State of Q Cl/ If ctl'.1 j ft
County of~
On this~ day of_,__,.L...>.L.>........._.-'--4-"--'--"-'-----' 202L, before me, the undersigned Notary Public, personally appeared e. S. , personally known to
me (or proved to me on the basis of satisfacto1y evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted, executed the instrument.

WITNESS my hand and official seal. ......... f ~ LISA ESTRADA MCGUIRE '% No~0; :~~J;; g~~~nia ~ ~ Commission /12432138 -
► My Comm, Expires Jan 19, 2027
[SEAL]
12 55
CITY OF SAN CLEMENTE:

City of San Clemente, a California municipal
corporation
Date: //--jtJ--Z(j ----~---'---'-------'---
ATTEST:
a Campagnolo, City Clerk
Date: Id 10( 9:j
APPROVED AS TO FORM:

By: ..... _ q~:....::..-=-===--...::..::..~~~:_vt,..,..,....,. eth Mitchell, City Attorney
Date:_/ /-_/_1-_2.J--+--

ACKNOWLEDGEMENT
State of CfJ. \ ~ (V\ \..'\
County of ()(RI\ Of=
On this \".'1\V\!ay of----1+--'-~----'--,-----' 202 i.-\ , before me, the undersigned Notary Public, personally appeared --,~~---~-~--- ----------' personally known to me ft,1"-ur-o....B4-.tQ-1m;'O'lrtilre-mnm--trl'-""Sa1trstil-etef'll'-e'o'i-d,ett1:~) to be the person(,;) whose name.0,) is/ace subscribed to the within instrument and acknowledged to me that he/sJ:u:Ltl:iey executed the same in his~ir authorized capacity(i.es), and that by his/her/their signature(~) on the instrument, the person(~ or the entit upon which the person(-s) acted, executed the instrument. hand and official seal.
[SEAL]
13 56

ALL CAPACITY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF ....:C:;..:a=li"""fo'"'"r'"'"ni=a ____________ n_ COUNTY OF --=O'-'-r=an'""g""'e'--__________ _
On November 19, 2024
(Date)
before me, Laura D. Campagnolo, City Clerk
(Name and title of the officer)
personally appeared Andy Hall , (Name of person signing) who proved to me on the basis of satisfactory evidence to be the person(s) whose name~) is/are subscribed to the within instrument and acknowledged to me that he/~ey executed the same in his/her/their authorized capacity(iss), and that by his/he~ir signature(s) on the instrument the person~). or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Signature of officer
(Seal)
Rev. 01/01/2015
57 DISH WIRELESS:

DISH Wireless, LLC,
a limited liability company
By:

Name:

Title:

Date: -------------

ACKNOWLEDGEMENT
State of _ _____ _
County of ______ _
On this __ day of _________ , 202_, before me, the undersigned Nota1y Public, personally appeared ______________________ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrnment and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

Notary Public
Print Name: ----------- My commission expires: ______ _ [SEAL] 14 58

EXHIBIT A
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13 60
APPllCNIO" '°" CONDITIONAt PERMIT
J~••''"" T-'lltJ))u,~~~.,,,.nY e/o DTJ-~'l'.~""ilL._llli...b~.IL.l..•.onu~t.- ··•~-- .... t..-; ->~'iiioiot,o l, AOOQ-401 2H:.OU9 ,,~. • W'. H. li/'Qtt ■ 1475 6tb J.v1nuo 1 Roc:-a 401, s.m Di ego 1 '2.)S-bl:i!9 ..... . .. 1,.,.z..... • .......

TO Pt nMll' tho ut.bUth£tDL or 4 m1.crowAV• rel.o,y st.o.tion in eonnvct.1ort u-it.h 1 public t.•laphona H r Yic.v in the Al Otner4l Acricul tural DhtMci. ..

Sa~d at.at.ion vill oonoht. or on A.PJ'U"Ox.i~t.e 28 !'t . by 5$ rt.. bu1ldin,: and 11 70 ft. . ~ateMa t.over all locotod iub:;tantially a.,1 ihdlca~ed en the .,tto.chcd plot r:ilan.

Acceu t o t ho alt• •.dll bu vh a n oxiutin& pr iv&te r o11d rLlnninc north&011~«1r l:r .111pprox.i u.tol r 2 11Uu frci1:1 tho City or So.n Cltunt.Q Rnorvolr slto.

Tho su·uct\lre~ wiU bo or,eloaod bt ,1 O r:.. chain Urik ron::u with locked &:U,O• Then -.,111 bf r.0 ecpl.07Ha on th J,r1u::iaea oxc9pt ror rortcd!e c:dnttnane•• Uei,:h\ Yurt1M2 fp!" .lpt,ona; Fro.1:1 )S rt.. to il =.t.dcnlo ar 70 ft. \-. .. , ... , , ... , .... -J.:ppi:ox.tiui.ely.....2..Jdle s...DCLCt.!lia:uz:..or.lJt._£r.o.11-t~ ➔ or lxnn1d1 S1il,·1u.lor {ot Siln Clai;anto wa't.or roaeirvoir ) o.t. ond o!' a pr-ivllt.O ro.1d, ....... ..... ··••o•ll11--0.Rl1h.;-r.a~g~ct oarthoo,;t nr s,n Clo~ntc, GRANTtD
n ...... W·!T-H··
CONJiJIT!Of'J] 11! U'TlO~ CF Int
011.mwmi
FL\MKIH' tCMU~<IO!
-"."." _ _l.:Z./2:,.jr., .,__ .
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14 61
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ORAMGE COUNTY PLANNING COMMISSION
,o,.~ .. ~i:,_~,:••••
~ · GU H•O'C <. "R(IIIL C
0111int.U ill', ao111u
.,SU.1 tAT C, f'r..Ml1'
Ot~~td~~\ln~~d ~t}~~ont ot
400 Wo:st ~1~hth Stro&t. Sl.nt.Q AM.1 1,,aUrorni.,
Attflntion: Hr. c. W. Donohuo1 3tJpor1nt ondcmt
R~: C-1021
Gontlot:1an:
:l::.....-:.:-,~tl,!:~~" w:w,1:, c.u.r.,.i
Tho Oranco County rlonnln,; Co11&i:nion ait it.s rocule1r aootine, of Ocu,;u:11 1.? 1 196,l outJ1orhad t.ht 1ri1u,1neo Of Cn,1n1• •·'-'• PONIT Al'PUCATIH, ffllo C-1lJi 1 ~t A"'t'IUO• luc,,u1Jrt L Tt\.UlilArll co .. ,.,u, 11, • .,u;, U , .. c (OIIIOl f lOI\I lfl 'fCI llo hit (liltll •ta C~l'T tr t,iC:1<11 Hl .. 111 1:..

Th; 1:pr,0111 por1od a.~ providod for in tho Or.:i.n,:o County 2on1riF; Codo t,a a oxplrod. Tho dcbr~1na"'-10n o f tho Phnntn,: Co:ia.hs1on h now finAl.

Enclo!lurn:i:

Vorr truly your.1,
ORAl/rUHTT P~I~ C<X«l?II
de?~- c-1/....u~'l. l(.."lrry C~gh, P'bnrftni; D1r oc tor Anti SocrotAry t.o th& Cotr.1:1iedon Appl!c•~loa () l CDn1it1tl111:1n Aot1.on ())
8 1021
15 62
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Oi1U\VU. COO!ln'. PL/~ru,1e- Ctt.t-GSSIO:-i . ~I?iG - P!~.mn:.m 12, 1962 f,C, 'iA!'t HO. j5i f.£<;:OllD!HO :m~: uo~.
55D C-lOU, O? A?:r.P.ICtill TELi:PltO!i!:: ft TU.UC!tArtt CO:!PJ..H?, t:ORTJL&>.S'.i' Or' siu ctt:-xr:-rs. ·~J:i~~r: (A~p~~~~!~:~ra :\.:~~O r:~~-~~t~)O~~)"O~~:f 1.~0p~ie.1~; ~:~dll !g__q_u.!a: To ;,1:-::dt. tba t111nb?1oJuont or a. olc:ro11:i:va ralo.y 1u1t:1r,n ir.

A~~~!:;~r~c~rht~!c!~~~D~o0~~tl~~o~h:/}1i!~eral
ca~:f!SIQ~: }.C':'J!llf: ll.)9: Gn.atod liPOD tho (ollowt.nc C0!1ditic.nn:

1. nn:i Dit.C! '1i•U bo f<1ncod .l!I 1nd1c:icod on E:thlb1t;. "A" or t,hi!I:
. 11.11pl1.c.":1on;
2'. tho '1Dtiro rcnced-ir:i aro.i WU b~ eo'for-cd ,rith crue1h.ed r,.,ck; 3~ Tho aceus ro:ad loa.dint; to t.hc olic: :,;hul 'co oil ,u.r!b.ceac! or traaLod ao aei to clir.:.lrwto du:t!., on .tot.ion or Dtirriei:.

A lett.tir "'3.a r'C"ccr1vcd l'rol:". tht.? C1Tiu1cn ot Force.try reco~uui.b,, th.lt. ltl.l lac.al, city und oto.t.c !1:ta lu\r-1 and ro,::ul.Ation.:1 bri: n.dbcrod tD.. :.t:-.. \.i,. H. tfa::.te. .:acent !'er the ,:,,ppUeant:.. wa:, rrccc.o~ ~d c:xplc!nl!d :;ht! s:OJ"Po,e o! th1~ propo:.ad stAt1oo.

I an '111"1 till lM ~ I !Ml "" If II mun ruM IU liflllllS • Ill tUlll '8\.:,11 MIIM t~~Utrt.,_
kp-o/,s:; ... I. ... _ (
3 1021
22 OFFICIAL COPY OR>J10E COUHr'( F'I..A«t(!UG DC.f'AAlM(HT 16 63
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CiWIGfi co1mrr PLA1nll?:C C(ilJ-IISSIO!I Mlt&TD:G ... lreC&',l~l!. 12, 1962 P.O. TAPE 110. 1 RECO:U>DiO DJDSX:
5SD C-l02l, OP AlltRICAN T?J,EPIIONl: & TEL!Y.lRAPII CctlPA!r!, !IORTUEAST Of S/JI CW!l:h"l'E.
~Ji:~: ( a~P§~~.:=~~6 2 ~:1 r::;~:~o~~ a~! t~o p~~eo~~ ~:~d4 ~: To pon:tt. t.be ,u,-t.ablbhc-.cri"C o.t a. ~tcrova.vo TOlAT 11tat.ion in connoct.1on with ll public td•pbono •u·dco in tho U Ct.narU Agricultural Diatrict, aceord.U.6 to appl1catlon on !1la.

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17 64
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C!n'lCC Of 'i'Jlt O!f/.t:or: CC1Jl;Tr PUllU!JfC OJ:f'ARTS?P:i' ~lllORAHOUf;
TO: Oran.cc Count.y Pl1mnin(j Ca:t::ih~ion Dhrt: C:t:!eol>a:- 12, l9t1~ TRCt-!1 UQr.;'.,y 3, iJtr::h. r1anr.it1c; D!roctor
SCJDJE:C't; C-l.Oil, OF A:"SiUC,\I! T&LCPffO!:E ~ TZ!.c:G::A?II co::PA:f'!' l:Oil.Trt:~Sl' OF' 3,\11 CL~t.!:::rrt, St:1tr i'i:o~ort: Tnh Applicncton 1:1 to poi~it. tho os,cblht:-iunt of .,. nlc:roHa.va ri,l&.}• .i;ta.Uo:, .tn <.-:>nnt'ct1o:,, Witti :i public ~dcpl\ona ~~rvtcc in t.ht Al Cietn1m1l ,!,cricutur-,,l 01,t.rict., Thh i:htion will con~i:,t or on (l)'li,Jro:<Sr.io.r.i:t 21 f oot. b~• S1 fg:it. ~~t~~11fr:11:1~~or_r.~o~~J~;~~l~a~~~~/~~~:.,~t1t;~ o~rocf~;t of Son Ch::lant.c., rte ::totion wl:?.l h11 u:,:.ttondcid and r..Jd,r.t.onanco uill be pe:-romtJtl a.t pl.':-.ioJ!t::.l J.ntot-vds only.

Tho ~truct.ura will be cnclo:;ed by ., 6 !'oot: eh,:'1~ Unk !cnco Hitli 11. l.ocl:.atJ t.ltQ, For !1:-a protoc:t.!on purpo:03 cru:shcd rock ~,111 cover t.ha entire !cnc~d~in i'lrca. ru!)Hc not.1eo:s 1t0ro ~.ll.lad to the t:tto p:-o?cn·ty 01mr:rs within 300 fact. of the )lru::ihoa, tr thU ap;,lic:Dt1.o" .t.., couchtorod ror r.p;,rov,,i, ie. i: :rnu.<iatod thtit. the rollowtnc conditionu :should be c:on:iJ.dc:-11c!:
':"hu ~1to tih-lll b-c tonc:oc! .10 ind!t.:.teli on Zxhibit. 1'1." or thh a.pz,l.lca.tion; .: , Th\t er.th-& tonc:od .. in ANa =-~all ':).: cavorod H1th erm:shod rock; ) • ';he, ,1ecc,~ t"onLI lc3d1nh to tht! dta sh~ll L•o oil :iurt:i;c<1d or tr-,ntcll ::.o r..:: to 01!1:ii.."l:i.to duot. :ta~pcctCully c:uta.lttod,
3 1021 lt1'i!O\'b
18 65
THE PACIFIC TELEPHONE AIID TELEGRAPtl COMP~NY
l.47!J SJ)."Ot AYttNlJC.:
!il.tl DIEGO 1, CA.Llfl'OAWA.

DEC h l'lG2
or- 1• County l"l.uii1nc eo=:-luli:ii:i
,ao vut Ith St-rut :;1.11;tJl A,n.1 1 llCona1a
COHDU"tOK,IJ. H7.MIT AJ'l'UCJ.%10~
r;-]O?J
"?bh vtll .11.111p\c:MIH oui: Cofl41t1on lll hmlt Appllut1on.• tlatetl ltcvt:Dbu 26, 1''2, an th• lrvln• ft.Inch nur Cotttt11 DIil Kar and the Villiuk 1tud, e.a1t of $111 C:ln1u1to.
the h~cc4 u:iua apJ1Uc1\ile: "' each 1lt• 1.ra 1hovn or.. the 1U1d,elll p,ht plan• la 11udrvplic1u, Th• hnu vlll bo of c:hdn Uok GOT\atrvct:l01' ltlt rut tn hel1ht:.
\11 truat thh ln(o~tJon vtll bo 1uUt~hnt to H11J1hto 71t11r 11:1.!( r•;wirt,
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ft.ANtn: ti CUl,!J.tlMIOff
19 66
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STA.rt: OI CAWCR.'i.!A
Of.PAlttMtNT Of NATURAL RfSOUlCCS

DIVISION OF FORESTRY
O.C-u Kr. Barsh;
P. 0 , Boit U 0:nn,:tt1 CuUoml•
li01o"l:ltbtl' 30, 196.?
A2pllu t.1on !oi- Co.cdtt.1a.t.o1l hrr.1~
RllrGrtace LA ude ta ynur lt.it.tu af 11ovcn.J:er 1!),
1%2-, to rc'£H1I to AppUcat.!co ror Co~tt.t~.tlJ. l'•rult CP 1ca !'er th• u~t101'1 ar • alcr,:,1,1110 tt"hl' •t.UQft, le. J'C\'1(:llinl, UI!& •.!IPlJCtt.\lO(I, 1 HC N> rr~ltt::
atrv<:UI\G tt.o rsra &crv!c~. llo-..-ever, A):,o,J.ld t.\o -p~t be G,ll)~'t'N.1 l vo-.tld rcco=ae~ t.hc.t 0,,-..4: er \ho coe.HUon., be th&.t, •U lo:lll, cit)', ~ ll'kl~ t !N l.Altl tu:a2 nGUJ.cn.ioas: be At.horo4 to. 3 1021 J@~OW~ 0f.Q ~ 1952
ORANGE COUIHY IUNNINQ COMMISSIO/l
20 67
THE PACIFIC TELEPIIOIIE AND TELEGRAPH COMPAfl Y
147 :i .Glmi AVENUE
nAlf OIEOO I. CA\.IF"ORNlf\
Dranc111 M.a.Mi."IC COJN.1.sdon

1.00 llut Otl.1 :ilrtrit.
!l&r..U AnA1 Cu.ito:-rih
t/0\' 2 6 !962
Ca.lDITia~. Prn!at IJl?lJCJr.TlOa
:E:.r.Lonl-1·1c dtolltr~:, (or lone: cJuaot. cOail:ldo~"tlon c~b r eq~u. that ~ha Teh;hllr.• C~n;, bu!ld em\? ot sc:-vo·el. tu.c.--0,.,-;1,.,.. :--e.W !1Ut.1oru en lht Yb't)otle 11&."'l~h ltu.t er !.a..-i Cl«:f.nt•, Orar:t• C11un1,7.

Th.11 at.o.'don rll.1 l on a. -rcrr 1-;)o:-hn\. llr.k 1n W Trhph=m, Corl-r,1n;r' :1 cu.,t. ~ c-o~;t. ca,:s.mlc..t.!.on nt.t..,or~. rr., t-;ic r~t.1:-.c Cr•ttuu.xhs vlll '-0\. ir,.br!cN w,,U\ h:11.l t.aln--bio:, Ot' aey o\.h,r r&d.io o<J•~•
ll'o p\-."\ l-9 c~ns•.r,ut. :1n in1l!Al. Wild!llt 1pp:,ox1,ut,t.,l)' 7::)1 x 581 t..o,,U-,t;" vhh " W\10' 701 hlch o;; :J one f\:r-c plot or grGQ.'\:l. i:a 1,t.a.t.Lcn vlll be ur..lUcn;l:d. tlt.1n'..:m.:1.i~• lt!ll 'cH ~or-!ct='l:ld. a.t. pu-1~dic•l il,.t.or"<lll• only.
t s..ht!.:l',t f.'l:ltlU t'O:ld:. vW btl ~rv,nd and uliliud on th• "/lahouk' Aa.::.c:i.

Ac.r.(2,J1.ui)1,r,t: Ur1I 1;?11.or.t.tcn e1rc tl'lc !U\a-..rtne:1 ZO"t:1:i plot. plan,4 5!.x ci~plo o! 1eetl dnc:-ljlLlOn
Ort!fintl ~ rbo i;cptu or lo\.hr or r1M1i:11st., O:-i i:;L'1Cl .nd !ci~r cop~oa ot l ot.Lor o!' .:,ut.h{;ttnnion \.11 CWT,1,1".

Ona )MO~U•!'h o! t n,ieal !nt.Ullation. Ch'll(ll~ l{o,NV'".•7 in th1 ~\&ti'. o! Stl,CX> to:- (!.lln,-: [40.

Tcu: tavorll>lot ooM!.d•~&tloa w!.1l. be uutly a,r;rodatd, 3 102 1
J.tlbah::.tnt,
Very trul,y y,iu:-1,
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11rd Tdttr,ra ph CM:,.i~
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1n C:OM.0¢U.01'1 lrl.Ui \~ alien r.<,:n\.lond B4\l.cr, ,t. A.::111rlo1n 111.:pher-e, aM 'tt1hr:-•ph C-p,,rv- b ?:1rn·b7 a:1thor1.r.cd t4 •d en e:, ~11111..r !ot tb■ IW"'pO;• or o~Wn.lr:t , Ccdltlc:n.al Uo P<1mlt. rr-vs. tbe eot,;nlu.nL g11\'a..'"':t.•

11.or.nl l'J\herlt.tu Cor th• \IUI •nd P'"""l)QlfU TDc;\llrad ... ,. )'OW' ~u,y. 3 1/l2l
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J. postioa o( tlH $111,1tkal&Jt -··•-'"'·' d rnr.tl ... l h c: Uo-a 1,, lon lllp I 5outll, .._... 1 V1t1t, ha lu...,,, t.o a.u •&a.ii iuu,uaa, t.• Ol'~• C~ty, Stu• •f Cdlhrtl&, 4HU'll>M •• f•\lwu t.•1l11i111Lq .c: U,I.C, I. Q.I, Trh.arlu:1 .. St&tloe °C1-t•'': uU 1c.• Uoa hUI& • •t~I'• U,S,C, .. C:.S, lU.U up _.._..t "~ "ClCIMIIU, 11))''; tb•U Korr.ll n• )l' 21" Jan - 1 t~ ~rt-a )IH,11 !Ht t.o tlll TTv• l'oiDt • f 1t1t.ub1; t"-nu lort.lli U' a ,• 19,.

Vut 104,l' fHt\ ti••~· •nb :u.· n· 21" ·••t. lQl.11 fut; f.11,-.C.& South jl,• 06' l t" ~t JOt, lt (Ht t• • ,ola.t wiih~ lt .. u tout Iii. 31' o~· 09"' VUt 46'4,10 fMl1 .. ,. Ol" hu, (t09 tlli.• htUHCtlM t.OC'OU o( th• \f nt rly UN •l Lot -.,, 39 of &aat.llo , .. , . tu.'t'CHit• u4 O• So\ltb.Hly H•• of Lot: .)1 ot IMcbo K.Luloa ~L• l• u lhfta 1G SllMC. lie, n af .. , of IAC.IIT• at .turn)', i-a.;•r•.,. La •-\I: I tACU 34 to Mt, 111 .. c.lu. h'• ot: Lent• •t Sun-1,71, uc.H1h ti or..aa• CP&t7, nJ.• Latu·u" ttcor.u 111,a,s a 6" & 6" cn.cru1 ao._.t •ltt; • bun c•r ,c-,•4• "U&Cb.4 Suta l&at ... 1'lU1 JIii, k, lli.lrh7 S\l,.._•y"; t ll•c.• liovtll u· '3' U'' 1,1..,., 101.n tut; O-.c• .. ctb u· oi.• l1 .. w,1.t 104,ll- (ot- to t'o• Tl'\lt tolaC d h&l• la&.
23 70
PUBLIC
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EXHIBIT B
75 VOLUNTARY COMPLIANCE AGREEMENT

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

RECIT-ALS,
This Agreement is made with reference to the following:
l. ATC operates a wireless communication facility (Site No. 89366) ("Wireless Communications Facility''), located at Rancho San Clemente Trail, Rancho San Clemente, Califomia 92672 (Al1N: 690-552-05) (''Properti') that was approved under a Conditional Use Permit in ,1962 by the Orange County ("County'') Planning Division, which then had jurlsdictio:i over the Property (" 1962 CUP"),

2. The 1962 CUP permits a wireless communications facility, consisting of "an approximate 28 ft. by 58 ft. building and a 70 ft. antenna tower", in connection with a public telephone service.

3. According to ATC, the tower component of the Wireless Communications Facility is 13 7 .6 ft. hi height, which is further extended to 156 ft. when the height is measured from the highest existing appurtenance affixed to the tower.
4, Neither the City, the CoW1ty, nor ATC have been able to locate any records authorizing the expansion in height of the tower from 70 ft. to the current height. 76 5. Accordingly, because no records of any County or City approvals authorizing the expansion of the tower from 70 ft. to its current height have been located, ATC voluntarily agrees to reduce the height of the existing tower to the 70 ft. maximum identified in the 1962 CLP.

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

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

AGREEMENT
In consideration of and in return for the promises, covenants, and agreements made herein by the Parties, the sufficiency of which are hereby acknowledged, the Parties agree as follows:
l. The above recitals are incorporated into the terms of this Agreement.

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

3. All work required to reduce the height of the tower to a maximum of 70 ft. shall be performed and completed by ATC, at its sole cost and expense, within 12 months from the date that a building permit is issued by the City in accordance with Section 5, below. ATC shall submit a complete application for a building permit within two (2) months of the Effective Date.

4. ATC agrees that once the height of the tower is reduced, ATC will comply with the 1962 CUP and maintain the Wireless Communications Facility in compliance with all applicable laws, including, but not limited to, the San Clemente Municipal Code and the California Building Code. This includes, but is not limited to, obtaining any necessary permits and other approvals for construction, modifications and/or uses prior to any such changes, to ensure continued compliance 4 8 S3.?i02900i.4O113 53 8.2
77 with the 1962 CUP and applicable law in effect at that time. ATC shall also maintain the Wireless Communications Facility in compliance with all applicable state and federal laws and regulations, now existing or hereinafter enacted.

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

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

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

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

8. ATC hereby releases the City, its agents, employees, attorneys, elected officials, appointed officials and representatives, from any and all actions, causes of action, losses, claims, demands, damages, costs, loss of use, loss of revenue, expenses, compensation and other form of -3-
~835i50~0UiM Ml353&.2
78 damages arising from or relating to any enforcement proceedings for non-compliance as of the expiration of the deadline established in Section 3 above (the "ATC Released Claims"). However, this release provision does not extinguish, release, or discharge any of the obligations and rights set forth and encompassed in this Agreement. ATC shall indemnify, defend (with counsel acceptable to City) and hold the City its agents, employees, attorneys, elected officials, appointed officials and representatives from any and all actions, causes of action, losses, claims, demands, damages, costs, loss of use, loss of revenue, expenses, compensation and other form of damages by any third party arising from or relating to the A TC Released Claims or this Agreement, the 1962 CUP or ATC construction, operation or maintenance of the Wireless Communications Facility, including, but not limited to, any environmental review or approval in connection therewith.
9, Effective upon ATC's completion of the work on the tower in compliance with applicable laws and as contemplated by this Agreement, the City releases ATC, its agents, employees, attorneys, elected officials, appointed officials and representatives, from any and all known actions, causes of action, losses, claims, demands, damages, costs, loss of use, loss of revenue, expenses, compensation and other form of damages arising from or relating to any noncompliance of ATC's tower. However, this release provision does not extinguish, release, or discharge any of the obligations and rights set forth and encompassed in this Agreement.

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

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, -4-
~S83£5029ffil\U Ml.3538.2
79 would have materially affected his or her settlement with the debtor or released party.

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

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

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

14. Severability. Each provision of this Agreement is separate, distinct and severable from the others. If any provision is held unenforceable, the rest of the Agreement shall be enforced to the greatest extent possible.
15, Governing Law. 1bis Agreement s~all be governed and interpreted in accordance with the laws of the State of California.

16. Choice of Venue. The venue for any disputes arising out of this Agreement shall be in the County of Orange. ATC waives any rights that it may have to removal under Code of Civil Procedure section 395.
-5-
80 17. Successors and Assigns. This Agreement and all tem1s, conditions and obligations contained herein are binding upon and inure to the benefit of any assigns and successors-in-interest of the Parties, and each of them, Each of the Parties represents and warrants that as of the Effective Date none of the claims or causes of action being released herein have been transferred, assigned or othenvise conveyed to any other person or entity, and each of the Parties is the holder of the claims being released.

I 8. Force Majeure. Neither Party shall be liable for its failure or delay to perform under this Agreement (a) caused by reason of acts of God, wars, revolution, terrorism, civil commotion, or similar unlawful acts of third parties, fire, flood or other casualty, embargo, acts of government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdovvns, business shutdowns, government regulations preventing performance, epidemics or pandemics preventing performance, labor or supply shortages preventing performance, picketing or boycotts, or-any other similar circumstances beyond the reasonable control and not involving any fault or negligence of such Party, and (b) provided that Party gives prompt notice to the other Party and makes all commercially reasonable efforts to perform.
[ continued on following page]
-6- 4883li029WH Ml3538.2
81 19. Sitrnatures. By signing below, the Parties acknowledge that they have read, understood, and agree to all of the terms of this Agreement.

Dated: June 29, 2023 By:

Dated: June Jj_, 2023 By:

APPROVED AS TO FORM:

Dated: July 6 , 2023 By:

Dated: June .S., 2023 By:
-7-

CITY OF SAN CLEMENTE

AMERICAN TOWER MANAGEMENT,
LLC
4/l--------- Margaret R binson
Vice President, Legal Operations UST
American Tower tvlanagement, LLC
Elizabeth A. Mitchell
City Attorney for the City of San
Clemente
Emily L. Mmr;ty
Counsel to Antei0iet ·o\.ver Management,
LLC
82 EXHIBIT C
83 Termination of Voluntary Compliance Agreement
This Termination of Voluntary Compliance Agreement ("Termination Agreement") is entered into by and between American Tower Management, LLC ("American Tower") and the City of San Clemente (the "City"). American Tower and the City shall collectively be referred to as the "Parties" and singularly as a "Party."

RECITALS
WHEREAS, American Tower owns and operates a wireless communication facility, including a wireless tower (the "Tower"), located at 616 Del Dios, Rancho San Clemente, CA 92672 (APN: 690-552-05) (the "Facility"). American Tower operates the Facility pursuant to Conditional Pern1it 1021 issued by the County of Orange in 1962 (the "1962 CUP").

WHEREAS, on July 6, 2023, the Parties entered into a Voluntary Compliance Agreement (the "VCA") concerning the Facility, the tern1s of which are more fully set forth therein.

WHEREAS, the purpose of the VCA was to resolve City allegations against American Tower that the Tower at the Facility was higher than pennitted under the 1962 CUP.

WHEREAS, American Tower agreed to enter into the VCA based on the mistaken belief that the 1962 CUP pennitted the Tower to have a maximum height of no more than seventy (70) feet.

WHEREAS, the Parties represented in the VCA that they were not able to locate any records authorizing the Tower to have a height in excess of seventy (70) feet.

WHEREAS, the Parties each assert that they subsequently became aware of a more complete copy of the 1962 CUP, attached hereto as Exhibit A, which, as more fully set forth therein, authorizes the Facility to have a tower in excess of seventy (70) feet.

WHEREAS, American Tower contends that it has ce1tain causes of action against the City in contract and otherwise, including but not limited to claims arising out of or relating to the VCA, and the City contends that it has ce1tain causes of action against American Tower arising out of or relating to the VCA ( collectively, the "Causes of Action").

WHEREAS, the Parties entered into the Tolling Agreement Between American Tower Management, LLC and the City of San Clemente, effective January 17, 2024, and the First Amended Tolling Agreement Between American Tower Management, LLC and the City of San Clemente, effective July 31, 2024 (collectively, the "Tolling Agreements") to toll the Causes of Action as more fully set forth therein.

WHEREAS, the Parties now desire to terminate the VCA while preserving any rights and/or defenses they may have under law relating to the Causes of Action. 84 NOW THEREFORE, the Parties agree as follows:

1. The VCA is hereby tenninated in its entirety and shall be of no further force or effect as of the Effective Date of this Agreement. The Parties thereto are fully and unconditionally released and discharged from their respective obligations from or in connection with the provisions of the VCA.

2. This Termination Agreement does not constitute an affirmation or ratification by either of the Pa1ties as to the validity of the VCA or any representation set forth in the VCA.

3. By entering into this Te1111ination Agreement, neither of the Parties intends to or does waive or release any of the Causes of Action and/or any defenses thereto.

4. Nothing contained in this Agreement constitutes an admission of liability on the part of either of the Parties with respect to any of the Causes of Action.

5. This Agreement does not alter or amend any aspect of the 1962 CUP or any of the Tolling Agreements, or any other legal right, permit, or permission of American Tower with respect to the Tower and/or Facility.

6. This Agreement constitutes the entire agreement between the Parties concerning the termination of the VCA.

7. This Agreement may be modified only by a writing signed by both Parties.

8. This Agreement shall be deemed to have been drafted equally by both Parties and shall not be interpreted for or against either Party on the ground that such Party drafted the Agreement.

9. The provisions of this Agreement shall be binding upon and inure to the benefit of the owners, members, managers, officers, directors, shareholders, agents, employees, affiliates, predecessors, parents, subsidiaries, insurers, sureties, representatives, servants, partners, principals, guarantors, attorneys, successors, and assigns of the Parties, and any person or entity claiming any right derivative of that Party.

10. The signatories represent that they are authorized to sign this Agreement for any Party on whose behalf they are executing this Agreement.

11. This Agreement may be executed in counterparts and electronically, and when a copy has been signed by an authorized representative of each Party, the Agreement shall be effective as if a single document were signed by both Parties.

12. This Agreement shall be interpreted in accordance with the substantive law of the State of California, without application of choice of law provisions.

13. If an arbitrator or court of competent jurisdiction finds any prov1s1on of this Agreement to be illegal, invalid, or unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person or 85 circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid, and enforceable. If the offending provision cannot be so modified, it shall be deleted from the Agreement, unless otherwise required by law. The illegality, invalidity, or unenforceability of any provisions of this Agreement shall not affect the legality, validity, or enforceability of any other provision of this Agreement or the Agreement as a whole.

14. This Agreement is effective as of the latest date that it is signed below ("Effective Date").

Dated: - - ------
Dated: - - -------

AMERICAN TOWER MANAGEMENT, LLC
By:----------
Chad Lindner, Vice President, Legal
APPROVED AS TO FORM:

By: ________ _
Shawn T. Cobb, Outside Counsel

CITY OF SAN CLEMENTE
By: _________ _
Andy Hall, City Manager
APPROVED AS TO FORM:

By: __________ _
Elizabeth A. Mitchell, City Attorney
ATTEST:

By: _________ _
Laura Campagnolo, City Clerk
86 EXHIBITD
87 Second Amended Tolling Agreement Between American Tower Management, LLC and the Citv of San Clemente
This Second Amended Tolling Agreement ("Agreement") is entered into by and between American Tower Management, LLC ("American Tower") and the City of San Clemente (the "City"). American Tower and the City shall collectively be referred to as the "Parties" and singularly as a "Party."

RECITALS
WHEREAS, American Tower owns and operates a wireless communication facility, including a wireless tower, located at 616 Del Dios, Rancho San Clemente, CA 92672 (APN: 690- 552-05) (the "Facility"). American Tower operates the Facility pursuant to Conditional Pennit 1021 issued by the County of Orange in 1962 (the "1962 CUP").

WHEREAS, on July 6, 2023, the Parties entered into a Volunta1y Compliance Agreement (the "VCA") concerning the Facility, the terms of which are more fully set forth therein.

WHEREAS, American Tower contends that it bas certain causes of action against the City in contract, t01t, and otherwise, including but not limited to claims for breach of contract, statutory claims under the federal Spectrum Act, and writ claims under applicable land use laws, arising out of or relating to the Facility, the 1962 CUP, and/or the VCA, and the City contends that it has certain causes of action against American Tower arising out of or relating to the Facility, the 1962 CUP, and/or the VCA (collectively, the "Causes of Action").

WHEREAS, the Parties previously entered into the Tolling Agreement Between American Tower Management, LLC and the City of San Clemente effective January 17, 2024, which provided for, among other things more fully set forth therein, the tolling of the Causes of Action between January 17 and July 31, 2024.

WHEREAS, the Parties previously entered into the First Amended Tolling Agreement Between American Tower Management, LLC and the City of San Clemente effective July 31, 2024, which provided for, among other things more fully set forth therein, the tolling of the Causes of Action between January 17 and December 31 , 2024.

WHEREAS, the Parties and certain third parties are in the process of negotiating a settlement agreement (the "Settlement Agreement") and the Parties believe that it is in the public interest to toll any applicable period(s) in which each of the Parties would otherwise be required to initiate legal action in order to allow the Parties sufficient time to enter into and satisfy their respective obligations under the Settlement Agreement.

The Pa11ies therefore hereby agree and stipulate as follows:
l. Any statute oflimitations period(s) applicable to any of the Causes of Action shall be tolled from January 17, 2024 through and including January 16, 2028. This tolling provision expressly includes, but is not limited to, any applicable limitations period set forth in any statute, including but not limited to the California Government Claims Act, Gov. Code §§ 810 et seq. ("Claims Act") and/or as applicable to traditional or administrative mandamus proceedings pursuant to California Code of Civil Procedure§§ 1085 and 1094.5, as well as any applicable 4881 -3223-0384
88 period set forth in common law, equity, or otherwise. The Pa1iies agree that the Tolling Period will not be included in computing the time in which (i) American Tower is required to present any of its Causes of Action under the Claims Act or (ii) either Party is required to assert any of its Causes of Action in any court or any other forum of competent jurisdiction. The Parties further agree that the Tolling Period will not be considered, and shall not fonn any part of the basis for, a defense of laches or similar defense concerning the timeliness of the Causes of Action. No Party shall assert, plead, or raise against any other Party in any fashion, whether by answer, motion, or otherwise, any defense or avoidance based on the running of any statute of limitations or other doctrine relating to timeliness of claims during the Tolling Period.

2. This Agreement does not constitute any admission or acknowledgement by either Party as to any applicable statute of limitations, the time period(s) applicable to any statute of limitations, or that any statute of limitations applies to any of the Causes of Action.

3. Nothing contained in this Agreement shall revive in whole or in part any period of limitation prescribed by statute for the commencement of any action regarding any claim, or any other period of time applicable to any defense based on the passage of time, that has already nm as of January 17, 2024.

4. This Agreement does not constitute an admission of liability on the part of any of the Parties with respect to any of the Causes of Action. The Parties to this Agreement do not waive, and hereby specifically reserve, any and all rights and/or defenses that they have or may have under the law with respect to the Causes of Action.

5. This Agreement does not alter or amend any aspect of the VCA or the 1962 CUP, or any other legal right, pennit, or pennission of American Tower with respect to the Facility.

6. During the Tolling Period, both Parties agree that they will not take any judicial action against the other with respect to any of the Causes of Action.

7. This Agreement shall not be offered or received as evidence, nor shall it be admissible in a judicial or administrative proceeding, except for the purpose of enforcement hereof.

8. This Agreement constitutes the entire agreement between the Parties concerning the tolling of any applicable statute(s) oflimitations.

9. This Agreement may be modified only by a writing signed by both Parties.

10. This Agreement shall be deemed to have been drafted equally by both Paiiies and shall not be interpreted for or against either Party on the ground that such Party drafted the Agreement.

11. The provisions of this Agreement shall be binding upon and inure to the benefit of the owners, members, managers, officers, directors, shareholders, agents, employees, affiliates, predecessors, parents, subsidiaries, insurers, sureties, representatives, servants, partners, principals, guarantors, attorneys, successors, and assigns of the Parties, and any person or entity claiming any right derivative of that Patty.

12. The signatories represent that they are authorized to sign this Agreement for any Party on whose behalf they are executing this Agreement. 4881-3223-0384 -2-
89 EXHIBIT D - TOLLING AGREEMENT

13. This Agreement may be executed in counterparts and electronically, and when a copy has been signed by an authorized representative of each Party, the Agreement shall be effective as if a single document were signed by both Parties.

14. This Agreement shall be interpreted in accordance with the substantive law of the State of California, without application of choice of law provisions.

15. If an arbitrator or court of competent jurisdiction finds any provision of this Agreement to be illegal, invalid, or unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid, and enforceable. If the offending provision cannot be so modified, it shall be deleted from the Agreement, unless otherwise required by law. The illegality, invalidity, or unenforceability of any provisions of this Agreement shall not affect the legality, validity, or enforceability of any other provision of this Agreement or the Agreement as a whole.

16. Either Party may terminate this Agreement upon written notice to the other Party.

Such termination shall be effective and the Tolling Period shall end thirty (30) calendar days after delivery of such notice to the non-noticing Party.

17. This Agreement is effective as of November_, 2024 ("Effective Date").

Dated: _______ _
Dated: _ 1_l (,.._..._ , I q~\,---=- ot1 __
4881 -3223-0384

AMERICAN TOWER MANAGEMENT, LLC
By:--------- Chad Lindner, Vice President, Legal
APPROVED AS TO FORM:

By: _______ _
Shawn T. Cobb, Outside Counsel
By: --..J,..L..:"'"""-"'~~I.LI--
Andy Hall, Ci
APPROVEDASTOF~
By: ~
Elizeth . Mitchell, City Attorney
ATTEST:
-3-
90 EXHIBIT E
91 STATEMENT TO SAN CLEMENTE CITY COUNCIL
On or about January 8, 2024, the Harbor View Estates Homeowners Association filed an action against the City of San Clemente, American Tower Management, LLC ("American Tower"), and DISH Wireless LLC, advancing causes of action including, but not limited to, under the California Environmental Quality Act, California Public Resources Code section 21000, et seq., challenging the legality of the Voluntary Compliance Agreement entered into between the City and American Tower (Case No. 30-2024-01371169) (the "Litigation"). The Parties to the Litigation, including the Harbor View Estates Homeowners Association, have reached a tentative Release and Settlement Agreement (the "Settlement") to resolve any and all disputes between the Parties with respect to American Tower's past and current use of the wireless communications facilities located at 616 Del Dios, Rancho San Clemente Trail, Rancho San Clemente, California 92672 (APN: 690-552-05) (the "Facilities").

The Harbor View Estates Homeowners Association supports the replacement of the existing lattice tower at the Facilities with a monopole and respectfully requests that the City Council find that American Tower's past and current use of the Facilities was and is fully compliant with all applicable laws, rules, and regulations, including, but not limited to, all conditions and requirements set forth in Conditional Use Pem1it No. C-1021 approved by the Orange County Planning Division in 1962 ("1962 CUP").

The Harbor View Estates Homeowners Association respectfully requests that the City Council rescind the findings made at the January 16, 2024 public hearing with respect to the Facilities.

The Harbor View Estates Homeowners Association supports American Tower's continued use of the Facilities as a wireless communications facility in accordance with the I 962 CUP.
4859-7294--6909.I/
374393.00066/11-7-24/rjc/slc
Harbor View Estates Homeowners
Association
By:~->-~ T =
Name £,it: ~{,Lits: - -/V~~U~l~fJ-+-. _r:2.o_ . -~-------- 7 92 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 2, 2025 Agenda Item: 10A.

Submitted By: Community Development
Prepared By: Adam Atamian, Community Development Director Jonathan Lightfoot, City Planner
Subject:
..titl e
DISCUSSION ON THE HISTORY, USE AND FUTURE ALTERNATIVES FOR THE CITYOWNED LOT AT 1832 N. EL CAMINO REAL (APN 057-192-04) ..body
Fiscal Impact:

Costs for staff time to carry out any City Council direction on the subject property will vary based on the direction. Any future development or repurposing of the site will be subject to separate City Council approval, budget consideration, and, if applicable, public-private partnership agreements.

Summary:

At the August 5, 2025 City Council meeting, the City Council directed staff to place an item on a future agenda to discuss and provide direction on the use of the vacant, City-owned property in North Beach, located at 1832 North El Camino Real (the Property). The purpose of this report is to provide the City Council with the historical background of the Property (shown in Figure 1, below), and a legal and policy overview regarding the allowable uses for the Property.

Specifically, this report clarifies that the Property may be used for a broad range of public purposes, including economic development, without the need to adopt a new eminent domain resolution. Additionally, the report includes an update on the current, staff initiated, effort to organize a Real Estate Asset Management Plan (REAMP), for consideration by the City Council at a future date, that will provide the information necessary for the City Council to make informed decisions regarding City-owned properties, such as the subject Property.

Figure 1
93 Meeting Date: September 2, 2025 Agenda Item: 10A.

CITY OF SAN CLEMENTE 2
Background:

In 1995, the City acquired the Property through an eminent domain process for accommodation of storm-drain improvements and public parking purposes. Prior to acquisition, the Property was the site of the Holiday Beach Motel and Ernesto’s Italian Villa Restaurant. Both of these businesses were destroyed in the early months of 1993 during severe winter storms.

Since the acquisition by the City, storm-drain improvements to the MO2 channel that runs underneath the Property have been constructed, while above-ground portions of the Property have remained undeveloped. The Property has been used occasionally over the years for special events, farmer’s markets, and other temporary uses. In the mid-2010s, the City initiated a parking-lot project that was approved by the City Council1, but the California Coastal Commission never acted on the Coastal Development Permit application2 as it was withdrawn by City staff and project never commenced. An image of the property in its current state is provided in Figure 2, below.

Figure 2
Legal Context
Recently, questions have arisen as to whether the City is legally bound to use the Property only for parking or other traditional public purposes (such as utilities or public facilities), or whether alternative public uses, including economic development, are permitted. Additionally, this question was raised during the City Council review of a resolution of necessity when considering the acquisition of the Property at its meeting of August 3, 1994. 3 Following a review of the
acquisition process, and applicable law, it has been determined that alternative uses may be allowed.

1 City Council Agenda Report, dated April 1, 2014 and Meeting Minutes of City Council Meeting of April 1, 2014 2 Coastal Commission Agenda Report and Addendum, dated May 7, 2015 3 City Council Meeting Minutes of August 3, 1994
94 Meeting Date: September 2, 2025 Agenda Item: 10A.

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Under California law, when property is acquired fee simple by eminent domain, the acquiring agency is not permanently restricted to the specific public use stated in the original resolution of necessity; rather, property acquired for one public use may be put to another public use without returning it to the prior owner so long as applicable procedural guidelines are followed.

For properties acquired on or after January 1, 2007, Code of Civil Procedure (CCP) section 1245.245 established rules requiring public agencies to either (1) adopt a new resolution of necessity when changing the use of recently acquired property, or (2) offer the property back to the former owner if the agency fails to do so. However, that law does not apply here because the City acquired the property in the 1990s. See Rutgard v. City of Los Angeles (2020) 52 Cal.app.5th 815 (properties acquired before January 1, 2007 are not subject to the reauthorization or “offer back” requirements when the public use changes). Thus, the City can use the property for alternative public uses without following the process set forth in CCP section 1245.245.

Public Use Definition
“Public use” under eminent domain law is interpreted broadly. In addition to traditional government functions (e.g., roads, utilities, parks, parking facilities), courts recognize economic development as a valid public use when the project is designed to achieve public benefits such as job creation, tax base growth, or revitalization of blighted areas.

While state legislation (AB 26, commonly known as dissolution of California Redevelopment Agencies, and related laws) restricts the use of eminent domain to acquire property for economic development, these restrictions do not apply when the City is merely re-purposing property that it already owns so long as economic development projects contain sufficient governmental controls to ensure that their public use component is not undermined. (City of Oakland v. Oakland Raiders (1982) 32 Cal.3d 61, 74.).

To qualify as a public use, an economic development project must include sufficient governmental controls to ensure that the public benefits are achieved. This does not prevent the City from partnering with private developers, provided the public purpose remains clear and enforceable.

Surplus Land Act Applicability
The California Surplus Land Act (SLA), and the Department of Housing and Community Development’s 2024 SLA implementing guidelines, govern how cities must handle the disposition or lease of publicly owned land that is no longer needed for municipal use. Before a city can dispose of property and use it for new purposes, it must first determine whether the land is “surplus” or “exempt surplus” under the SLA. If designated as surplus, the City must follow statemandated procedures to prioritize affordable housing and open space opportunities, including offering the site to affordable housing developers and certain public agencies. If deemed exempt surplus (such as for continued government use, or certain affordable housing and recreational purposes), the City may proceed with greater flexibility while still documenting its determination in compliance with SLA requirements. Accordingly, the City’s consideration of any proposed disposition of the Property must include an SLA analysis to ensure that any lease, sale, or long95 Meeting Date: September 2, 2025 Agenda Item: 10A.

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term commitment for the Property is consistent with state law and does not limit housing opportunities unless properly exempted.

Under the SLA, publicly owned property that the City continues to use for its own governmental purposes, such as a public parking lot or other public amenity use, is generally not considered “surplus land.” Because the parcel remains in active public use, the City is not required to follow the SLA’s disposition and affordable housing offer process. Instead, the City may proceed with improvements or continued operation of the property for governmental functions, provided that it documents that the land is retained for agency use and not available for disposition.

Implications for the Property
Based on current law and the date of acquisition, the City Council may consider a wide range of potential uses for the Property, including but not limited to:
 Traditional public uses – Public parking, utility facilities, public buildings, parks, and similar uses. The SLA generally does not apply to these types of uses.  Economic development projects – Mixed-use development, commercial projects, or other initiatives designed to enhance economic vitality, provided that they include adequate public benefit protections. Requirements of the SLA would apply to these types of uses, unless the proposed use is not considered a disposition of land (i.e., the City enters into a lease of no more than 15 years, or the lease does not include the construction of buildings on the property).

The City is not legally required to restrict the Property to its originally stated use of storm water management (for which a project was completed and the public use continues) and public parking (which has not been developed at the Property).

Discussion:

Staff is currently developing a comprehensive Real Estate Asset Management Plan (REAMP), which is intended to catalog, evaluate, and strategically manage all City-owned properties. The draft plan, now in preparation by the Community Development Department, establishes a framework for identifying the best long-term use of City assets, balancing community needs, fiscal responsibility, and opportunities for public benefit. Staff anticipates presenting the draft REAMP to the City Council in early 2026. Key goals of the program include ensuring transparency in property management, aligning real estate decisions with the City’s General Plan, Long-Term Financial Plan, and other policy documents, and optimizing the use of public land for both service delivery and economic development purposes. Once completed, the REAMP will provide the City Council with a portfolio-wide view of City-owned properties, including the Property, allowing the City Council to evaluate and prioritize its future use in the context of all City real estate assets.

The REAMP process will also provide the City Council with an opportunity to review the City’s surplus-property list and consider declaring additional City-owned properties as surplus or exempt surplus.

Should the City Council elect to not wait for the completion of the REAMP, and decide to provide direction to staff at this time regarding the future use of the Property, staff has developed an initial 96 Meeting Date: September 2, 2025 Agenda Item: 10A.

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list of allowable, potential uses for the Property. This list is not exhaustive and may be refined through community engagement, feasibility analysis, and subsequent City Council direction.

Possible uses include:

1. Public Parking Facility – Surface or structured parking to serve North Beach visitors, beachgoers, and special events.

2. Seasonal Skate Rink – Temporary ice or synthetic rink for winter months, or roller-skating rink for summer months, creating a seasonal attraction and generating ancillary economic activity.

3. Shared Concessionaire and Picnic Space – Combination of shaded picnic areas and a small food/beverage kiosk or stands, potentially operated by a local vendor under concession agreement.

4. Mixed Public and Economic Development Project – For example, a development with public open space and private commercial uses that provide public benefits and revenue.

5. Community Event Space – Flexible open area for farmers markets, art fairs, or cultural programming.

Council Options:
 Receive and file this informational report. This action will result in City staff continuing the development of the REAMP. As part of this broader effort, the Property will be incorporated into the REAMP inventory. Inclusion in the plan will allow the City Council to consider its future use alongside other City-owned parcels, using standardized evaluation criteria and datadriven analysis. At that time, the Council will be able to determine whether the Property should remain dedicated to traditional public uses, be adapted for new community-serving purposes, or be advanced for potential economic development consistent with City policy. This approach ensures that decisions regarding this site are made holistically, with the benefit of a comprehensive assessment of all City assets and the long-term needs of San Clemente residents and businesses.
 Receive and file this informational report, and provide staff with direction, at this time, on the preferred treatment or future management of the Property. This action will result in City staff engaging in the work necessary to carry out the City Council’s direction on the future use of the Property, outside and separate from the pending REAMP process. The REAMP will still include the Property in the inventory, referencing any City Council direction already provided, but will not seek direction at that time within the context of the City’s entire real estate portfolio.

Environmental Review/Analysis:

The action before the City Council, acknowledging allowable uses for the Property and directing staff to explore alternatives, does not commit the City to a specific use or development plan. At this stage, there is no approval of construction, operation, or other physical changes. Therefore, this action does not constitute a “project” under CEQA (Guidelines § 15060(c)(3)). If the Council later approves a specific development or improvement plan for the Property, that future action would be evaluated for CEQA compliance at that time.
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Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council receive and file this report, which will:

1. Acknowledge that the subject parcel is legally eligible for a range of public uses, including economic development, without the need for a new eminent domain resolution.

1. City Council Agenda Report and Minutes dated April 1, 2014

2. Coastal Commission Agenda Report and Addendum dated May 7, 2015

3. City Council Meeting Minutes of August 3, 1994
Notification:

North Beach Community Association
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STATE OF CALIFORNIA – NATURAL RESOURCES AGENCY EDMUND G. BROWN JR., Governor

CALIFORNIA COASTAL COMMISSION
South Coast Area Office
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302
(562) 590-5071

ADDENDUM
May, 7 2015
TO: Coastal Commissioners and Interested Parties
FROM: South Coast District Staff
SUBJECT: ADDENDUM TO ITEM W16b, COASTAL COMMISSION PERMIT APPLICATION 5-14-1310 FOR THE COMMISSION MEETING OF MAY 13, 2015.

Since the staff report was written, The South Coast District office has received additional correspondence from the opponents of the City of San Clemente’s proposed parking lot plan including another plan (Alternative III) and letters from local citizens in support of this alternative (See Attached). The South Coast Office also received correspondence from the City regarding this submission. The opposition maintains that their plan is better regarding public view, over-use use of impermeable surfaces, and safety. Opponents’ Alternative III provides a 20 foot landscaped set-back of the first row of cars, handicapped parking space, one-way traffic, and sidewalks around all sides of the parking lot, with all surfaces consisting of interlocking permeable pavers. The City of San Clemente maintains they have made concessions in their plan sufficient to reduce impacts to public view and public safety, and have also addressed the issue of impermeability which is discussed in the staff report.

After the January Coastal Commission Hearing, when this project was initially before the Commission, the Alternate Plan Proponents made presentations at multiple City Council meetings advocating their plan be adopted by the City Council. Additionally, the City met with the opponents of the project in April, and made some concessions in their currently proposed plan by lowering the grade of the parking lot by two feet, and changing the flow of traffic within the parking lot to one way. As discussed in the staff report, the City has made findings that in addition to making such concessions, their project conforms to the City’s General Plan, was reviewed by the City’s Design Review Subcommittee and recommended for approval by the City Planning Commission.

The opponents of the project maintain that their parking lot plan provides a clear ocean view site line over the cars because the first row of parked cars will be set-back 20 feet from the City sidewalk along El Camino Real, while the City’s plan sets back the first row of parked cars only 5 feet. The City prefers a slightly larger paved area, as approved by the City Council, so the El Camino Real Parking lot can in the future serve other purposes beyond parking for temporary events, such as farmers markets, art fairs, etc. during non-peak beach use periods. As discussed in the staff report, the public view issues have been addressed by the City, as they have revised their plan to lower the grade of the parking lot by 2 feet, which will not have a significant impact to coastal views. The limited coastal views will be available over the parked vehicles in the parking lot, however, any coastal views will continue to be limited due to vehicles parking in the existing parking lot directly behind the proposed parking lot, existing landscaping, the raised train platform, and raised tracks that are between the existing parking lot and the beach.

W16b
Attachment 2
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STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., GOVERNOR

CALIFORNIA COASTAL COMMISSION
South Coast Area Office
200 Oceangate, Suite 1000
Long Beach, CA 90802-4302
(562) 590-5071
STAFF REPORT: REGULAR CALENDAR
Application No.: 5-14-1310
Applicant: City of San Clemente

Project Location: 1832 El Camino Real, San Clemente, Orange County APN 057-192-04
Project Description: Construction of a 32-space asphalt paved surface public beach parking lot including hardscape improvements, bike racks, 16 ft. high entry portal, landscaping, lighting, and a pay station on an 18,000 sq. ft. vacant lot adjacent to North Beach.

Staff Recommendation: Approval with conditions.

SUMMARY OF STAFF RECOMMENDATION
The City of San Clemente (applicant) proposes to construct a 32-space asphalt paved surface public beach parking lot including the installation of an electronic pay station, lighting, benches, bike racks, entry portal, and new landscaping.

The proposed public parking lot will be an improvement to an existing 18,000 square foot vacant City owned lot located between the first public road and the sea and inland of the Orange County Transit Authority railroad tracks that are adjacent to and run parallel to the beach. The proposed project will improve public beach access through the increase in public parking with rates Filed: 9/4/14
180th Day: 3/1/15
Staff: M. Revell-LB
Staff Report: 4/23/15
Hearing Date: 5/13/15
W16b
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2 consistent with other public beach lots in the surrounding area. As proposed, the project will not have a significant impact on public coastal views and is designed with water quality measures such as a modular wetland unit to treat low water runoff from the proposed site.

The proposed development has been conditioned to assure the proposed project is consistent with the resource protection policies of the Coastal Act. The Commission recommends approval of the project with revised plans to increase (double) the number of bike racks and to include installation of an electric vehicle charging station. The conditions are: 1) Final Revised Plans; 2) Agreement Regarding Future Fee Changes; 3) Future Improvements; 4) Compliance with Proposed Construction Staging Plan; 5) Water Quality - Maintenance of Structural and/or Treatment Control BMPs; 6) Construction Best Management Practices; and 7) Landscaping.

Commission staff recommends approval of coastal development permit application 5-14-1310, as conditioned.
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3 TABLE OF CONTENTS
I. MOTION AND RESOLUTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 4 II. STANDARD CONDITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 4 III. SPECIAL CONDITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 4 IV. FINDINGS AND DECLARATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 7 A. PROJECT DESCRIPTION AND LOCATION . . . . . . . . . . . . . . . . Page 7 B. PUBLIC ACCESS. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 8 C. SCENIC AND VISUAL RESOURCES. . . . . . . . . . . . . . . . . . . . . . Page 12 D. WATER QUALITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 14 E. LOCAL COASTAL PROGRAM (LCP). . . . . . . . . . . . . . . . . . . . . Page 16 F. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). . . Page 16

APPENDICES
Appendix A – Substantive File Documents

LIST OF EXHIBITS
Exhibit 1 – Vicinity Map
Exhibit 2 – Location Map
Exhibit 3 – Site Plan
Exhibit 4 – Public Access Map with Public Parking
Exhibit 5 – Applicant’s Proposed Plan and Opponent’s Alternative Plan Exhibit 6(a)- Opponent’s Response to Applicant’s Revised Plan Exhibit 6(b)- Opponent’s Alternative and Modified Alternative Plans Exhibit 7 – Applicant’s Revised Plan
Exhibit 8 – View from Marblehead Park
Exhibit 9 – View from Avenida Pico
Exhibit 10 – Close-up from Avenida Pico showing parked vehicle in proposed lot Exhibit 11 – Vehicle in proposed parking lot
Exhibit 12 – View Cross Section with 2 foot grade
Exhibit 13 – Water Quality Plan
Exhibit 14 – Construction Staging Plan
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4 I. MOTION AND RESOLUTION
Motion:

I move that the Commission approve Coastal Development Permit No. 5-14-1310 pursuant to the staff recommendation.

Staff recommends a YES vote. Passage of this motion will result in approval of the permit as conditioned and adoption of the following resolution and findings. The motion passes only by affirmative vote of a majority of the Commissioners present.

Resolution:

The Commission hereby approves a Coastal Development Permit for the proposed development and adopts the findings set forth below on grounds that the development as conditioned will be in conformity with the policies of Chapter 3 of the Coastal Act and will not prejudice the ability of the local government having jurisdiction over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3. Approval of the permit complies with the California Environmental Quality Act because either 1) feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the development on the environment, or 2) there are no further feasible mitigation measures or alternatives that will substantially lessen any significant adverse impacts of the development on the environment.

II. STANDARD CONDITIONS
This permit is granted subject to the following standard conditions:

1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office.

2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date.

3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission.

4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit.

5. Terms and Conditions Run with the Land. These terms and conditions shall be 231
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5 perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions.

III. SPECIAL CONDITIONS

1. Final Revised Plans. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit final revised project plans to the Executive Director for review and approval. The plan shall substantially conform to the preliminary plans, with a revision to include a minimum of 10 bicycle spaces and to include/convert a proposed parking stall into a Plug-In Electronic Vehicle (PEV) charging station.

The permittee shall undertake development in accordance with the approved final plan.

Any proposed changes to the approved final plan shall be reported to the Executive Director. No changes to the approved final plan shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required.

2. Agreement Regarding Future Fee Changes. With the acceptance of this permit the applicant agrees that any change in the rate charged for parking or method of fee collection will require Executive Director review to determine if an amendment to the permit or a new permit will be required. Any proposed changes to the approved project, including but not limited to a fee increase of 25% or more in any given year or 50% or more on a cumulative basis over any three consecutive year period or new development, shall require an amendment to the permit or a new permit.

The permittee shall undertake the development authorized by the approved coastal development permit. No changes to the plans or the development authorized in this coastal development permit shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required.

3. Future Improvements. This permit is only for the development described in Coastal Development Permit No. 5-14-1310. Except as provided in Public Resources Code section 30610 and applicable regulations, any future development as defined in PRC section 30106, including, but not limited to, a change in the density or intensity of use land, as specified in Special Condition 2, shall require an amendment to Permit No. 5-14-1310 from the Commission or shall require an additional coastal development permit from the Commission or from the applicable certified local government.

4. Compliance with Proposed Construction Staging Plan. The permittee shall comply with the proposed construction staging area depicted on Exhibit #14 of the staff report which indicates that the construction staging area will be located on an 18 ft. x 45 ft. space, taking up five (5) public parking spaces within the North Beach municipal parking lot directly across Calle Deshecha from the project site; a site chosen to minimize impacts to public access, to beach areas and to sensitive habitat areas and minimizing public parking spaces used for staging or storage of material and equipment. 232
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6 5. Water Quality Management Plan (WQMP) - Maintenance of Structural and/or Treatment Control BMPs. The permittee shall comply with the proposed WQMP by Gable Engineering, Inc. dated 8/28/14 and depicted on Exhibit #2, page 5 of 5. The permittee shall comply with following requirements related to proposed structural and/or treatment control Best Management Practices (BMPs):
(a) All structural and/or treatment control BMPs shall be designed, installed, and maintained for the life of the project in accordance with well-recognized and accepted design principles and guidelines, such as those contained in the California Stormwater Quality Association Best Management Practice Manuals; (b) All BMP traps/separators and/or filters shall be, at a minimum, inspected and cleaned/repaired or otherwise maintained in accordance with the following schedule: (1) prior to the start of the winter storm season, no later than October 15th each year, (2) inspected monthly thereafter for the duration of the rainy season (October 15th -April 30), and cleaned/maintained as necessary based on inspection and, (3) inspected and maintained where needed throughout the dry season;
(c) Debris and other water pollutants removed from structural BMP(s) during clean out shall be contained and disposed of in a proper manner; (d) It is the permitee’s responsibility to maintain the drainage system and the associated structures and BMPs according to manufacturer’s specifications.

6. Construction Best Management Practices. The permittee shall comply with the following construction-related requirements and shall do so in a manner that complies with all relevant local, state and federal laws applicable to each requirement:
(1) No construction materials, debris, or waste shall be placed or stored where it may be subject to wave, wind, or rain erosion and dispersion; (2) Staging and storage of construction machinery and storage of debris shall not take place on any sandy beach areas or areas containing any native vegetation; (3) Any and all debris resulting from construction activities shall be removed from the project site within 24 hours of completion of the project; (4) Construction debris and sediment shall be removed from construction areas each day that construction occurs to prevent the accumulation of sediment and other debris which may be discharged into coastal waters; (5) Concrete trucks and tools used for construction of the approved development shall be rinsed off-site;
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7 (6) Erosion control/sedimentation Best Management Practices (BMP’s) shall be used to control dust and sedimentation impacts to coastal waters during construction. BMP’s shall include, but are not limited to: placement of sand bags around drainage inlets to prevent runoff/sediment transport into coastal waters; and
(7) All construction materials, excluding lumber, shall be covered and enclosed on all sides, and as far away from a storm drain inlet and receiving waters as possible.

Best Management Practices (BMP’s) designed to prevent spillage and/or runoff of construction-related materials, sediment, or contaminants associated with construction activity shall be implemented prior to the onset of such activity. Selected BMP’s shall be maintained in a functional condition throughout the duration of the project.

7. Landscaping – Native, Drought Tolerant, Non-Invasive Plants. All areas affected by construction activities not occupied by structural development shall be re-vegetated for erosion control purposes.

Vegetated landscaped areas shall consist of non-invasive and drought-tolerant plants. No plant species listed as problematic and/or invasive by the California Native Plant Society (http://www.CNPS.org/), the California Invasive Plant Council (formerly the California Exotic Pest Plant Council) (http://www.cal-ipc.org/), or as may be identified from time to time by the State of California shall be employed or allowed to naturalize or persist on the site. No plant species listed as a “noxious weed” by the State of California or the U.S.

Federal Government shall be utilized within the property. All plants shall be low water use plants as identified by California Department of Water Resources (See:
http://www.owue.water.ca.gov/docs/wucols00.pdf).

IV. FINDINGS AND DECLARATIONS:

A. PROJECT DESCRIPTION AND LOCATION
The City of San Clemente (applicant) proposes to construct a 32-space asphalt paved surface public beach parking lot on an 18,000 sq. ft. slightly sloped vacant lot in North Beach. The proposed plan includes the installation of an electronic pay station, lighting, benches, bike racks, pedestrian entry portal, and new landscaping (Exhibit #3). The proposed entry portal is a 16 ft. high, 18 ft. wide pedestrian archway located in the northwest corner of the lot, the design of which is consistent with the traditional Spanish Colonial Revival architectural details in the area.

There was also a three foot high masonry wall proposed along El Camino Real in the original plan which the City now proposes to be replaced with landscape materials not exceeding two to three feet in height in order to maintain visual resources. The parking lot will have approximately 142 feet of frontage along North El Camino Real and will have a single ingress and egress point along Calle Deschecha at the southeast corner of the lot. In addition, a modular wetland unit is proposed in the southwest corner of the lot for treatment of water runoff and water quality.
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8 The proposed project is located between the first public road and the sea at 1832 North El Camino Real in the City of San Clemente, Orange County (Exhibits #1 & #2). The subject lot is a City owned vacant lot in the North Beach area located between Avenida Estacion to the east and Avenida Pico to the west, with frontage along El Camino Real to the north and Calle Deshecha to the south. Existing development includes Kaylani Coffee to the west and Ichibari Restaurant to the east. The site is adjacent to the larger, 250 space, North Beach parking lot, the North Beach public beach access point, and the North Beach MetroLink/AmTrak train station.

The site is designated MU3 (mixed use) in the certified City of San Clemente Land Use Plan (LUP).

At the January 8, 2015 Coastal Commission hearing, Coastal Commission staff presented the proposed plan for the North El Camino Real Parking Lot located in the City of San Clemente, Orange County. During the hearing, several members of the public expressed opposition to the City’s proposed project and raised issues concerning: 1) visual impacts, 2) the use of impermeable pavement, and 3) public safety. Project opponents submitted an Alternative El Camino Real Parking Lot Plan at the hearing, (Exhibit #5) and the Commission subsequently continued the item so that the City could review the Alternative Plan in an effort to address the issues raised by the opposition, which will be discussed below.

B. PUBLIC ACCESS
Section 30210 of the Coastal Act states:

In carrying out the requirement of Section 4 of Article X of the California Constitution, maximum access, which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse.

Section 30212 of the Coastal Act states, in part:
(a) Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects except where:
(2) Adequate access exists nearby, or,

Section 30213 of the Coastal Act states:

Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred.

Section 30252 of the Coastal Act states, in part:

The location and amount of new development should maintain and enhance public access to the coast by (1) facilitating the provision or extension of transit service…(3) providing 235
5-14-1310(City of San Clemente)
9 non-automobile circulation within the development, (4)providing adequate parking facilities or providing substitute means of serving the development with public transportation...

Section 30253 of the Coastal Act states, in part:

New development shall do all of the following:
(c) Be consistent with requirements imposed by an air pollution control district or the State Air Resources Board as to each particular development. (d) Minimize energy consumption and vehicle miles traveled. (e) Where appropriate, protect special communities and neighborhood that, because of their unique characteristics, are popular visitor destination points for recreational uses.

Section 303 of The Coastal Access Policies of San Clemente’s Certified Land Use Plan requires:

IX.11 Additional off-street public parking spaces to serve beach accessways through the maximize use of existing beach parking lots and creation of new parking lots where feasible.

As shown in Exhibit #1, the proposed municipal parking lot will be located between the first public road and the sea, inland of the Orange County Transit Authority (OCTA) railroad tracks.

Vertical public access to the public beach is available approximately 540 feet to the south from the site at North Beach.

The proposed municipal parking lot will add 32 spaces to the stock of public beach parking available at North Beach access point. North Beach is a popular regional coastal access point, as it is located along a popular regional bike route along El Camino Real. It is also the trailhead to the popular San Clemente Coastal Trail, and is the site of a Metrolink/Amtrak train stop. North Beach is identified as a primary beach access point in the City with the greatest number of public parking spaces (approximately 250 off-street and 100 on-street) in the City’s certified LUP. Out of 18 coastal access points throughout the City, only 5 access points provide off-street public parking at municipally owned parking lots, these are North Beach, Linda Lane City Park (135 parking spaces), San Clemente Municipal Pier (235 parking spaces), T-Street (150 parking spaces), and at the Calafia/San Clemente State Beach access point (210 parking spaces) (See Exhibit #4).

In past permit action, the Commission has found that parking rate changes for on-street and offstreet public parking can adversely impact public access. If parking rates are significantly raised, or are set high in the case of new parking spaces, those rates can discourage use by the public and force the public to find parking elsewhere, or avoid the area altogether and travel to other beaches. Currently, public parking in the existing public parking lot at North Beach is available 24 hours a day to the public. Paid parking is only required from 9am to 6pm, 7 days a week at a fee of $1.50/hour. The proposed new parking lot is intended to increase the stock of public beach parking spaces at North Beach and the City plans to implement the same parking fee, fee schedule, and operating hours imposed at the existing North Beach municipal beach parking lot. To ensure adequate public access is maintained in the future, the Commission imposes Special Condition #2 requiring the applicant to agree that any change in the rate 236
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10 charged for parking or method of fee collection will require Executive Director review to determine if an amendment to this permit or a new permit will be required. Any proposed changes to the approved project, including but not limited to a fee increase of 25% or more in any given year or 50% or more on a cumulative basis over any three consecutive year period or new development, shall require an amendment to the permit or a new permit.

Furthermore, according to a report by the California Department of Energy (Tracking Progress, September 2, 2014), in 2013, sales of plug-in battery electric vehicles (PEVs) were three times the number sold in 2012 and between March 2010 and March 2014, more than 83,000 PEVs were sold in California. With the use of electric vehicles increasing, the demand for charging stations also increases. Because of the increase use in electric, or hybrid vehicles, public and private lots should provide spaces for charging vehicles which will improve public access through the provision of adequate parking facilities for both gas and electric vehicles.

At this time there is no established standard for the ratio of electric charging spaces per standard vehicle spaces for public lots; however, CALGreen (California Green Building Code, California Building Standards Commission 2012 Supplement) offers municipalities a voluntary standard for PEV charging at commercial, retail and other nonresidential locations, of one PEV charging space for a parking lot of 1-50 spaces, two charging spaces for 51-200 spaces, and four charging spaces for over 201 parking spaces. Although the proposed public lot does not fit these type of listed uses, this standard gives a general range that could be applied to this type of parking use.

Because the proposed lot is small, providing 32 parking spaces, providing one space for electric vehicle charging, consistent with the above standard, will be adequate. Therefore, to maximize use and public access, Special Condition #1 requires revised plans showing the location of one PEV charging station within the proposed 32 space parking lot. In discussions with the applicant, the applicant has agreed to provide one PEV charging station.

Furthermore, as stated, the proposed site is located near a regional bicycle route along El Camino Real, and a beach bicycle route. The applicant has proposed to provide bike racks for five bicycles. Because of the location along the popular bike routes, the proximity to the public beach, and other visitor serving uses, the area is heavily used by bicyclists. Because of the location and heavy use of the area, the lot should provide a minimum of ten spaces. The lot as designed is large enough to accommodate ten or more bicycle spaces within the proposed hardscape areas without affecting the number of parking spaces or proposed green space. By providing additional bicycle racks, public beach access will be improved by providing designated and secured areas for alternative modes of transportation. Therefore, the revised plans required in Special Condition #1 also include the requirement of providing a minimum of 10 bicycle spaces. In discussions with the applicant, the applicant has agreed to provide the additional bicycle spaces.

Construction Phase Impacts to Access
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11 The applicant provided a construction phase staging area, included as Exhibit #14. The proposed staging plan map depicts use of a 18 ft. x 45 ft. area within the 250-space North Beach public beach parking lot and would take up five (5) public parking spaces. Project construction is anticipated to take approximately 8 months. A limited number of public parking spaces are anticipated to be temporarily impacted during the construction period, and construction is planned to occur during the non-summer period, therefore construction will not have a significant impact to public coastal access within the project vicinity.

Furthermore, to ensure adverse construction phase impacts are minimized, Special Condition #4 requires the applicant limit the proposed staging area to a proposed 18 ft. x 45 ft. area within the existing paved surface of the North Beach parking lot and ensuring that beach areas and sensitive habitat areas are not used for construction staging or storage of material and equipment.

During the hearing January 8, 2015 Commission hearing, opponents of the applicant’s project raised concerns that the City’s Project as proposed was “dangerous to both motorists and pedestrians by funneling both cars and people in the same single entry and exit point to the lot.” They also contend “as two-way traffic circles the lot, a potential ‘bumper car’ situation creates dangerous conditions.” (Exhibit #5) Proponents of The Alternate El Camino Real Parking Lot Plan utilized a separate in and out driveway and one way traffic through The Alternate Plan which they asserted was safer. Proponents of The Alternate Plan have not submitted any data to support this assertion.

The City has reviewed the opponent’s alternative plans, which were presented to the city council.

The City maintains they have designed the proposed parking lot plan to take into account public safety. Additionally, the applicant cited one study “Final Report: Aging Drivers and Pedestrian Safety; Parking lot Hazards Study BDK83-977-12” which determined there was “no evidence that the frequency of severe crashes differed between parking lots with one-way aisles, two way aisles, or a combination of both.” The City contends that a one way route through the parking lot with a separate entrance and exit as designed in the Alternate Plan could create an unsafe condition whereby motorists may utilize it as a “u-turn” area at an increased speed, whereas the applicant’s proposed design will have the effect of slowing down traffic because it is larger with two lanes of traffic flowing in opposite directions causing motorists to enter and exit the parking lot at slower speeds. Nevertheless, although the City does not agree that one design is significantly safer than the other, the City has modified their plan to be striped and signed for one way traffic in and out of a single ingress and egress driveway to address the opponents’ public safety concerns (Exhibit #7).

The proposed project will improve public access through the provision of additional public parking in an area that is heavily used by the public and will provide safe access for vehicles, bicyclist, and pedestrians. As designed and conditioned, the project will not have any significant adverse impacts to public access and will be consistent with the certified Land Use Plan and with the applicable Chapter 3 access policies of the Coastal Act.

D. SCENIC AND VISUAL RESOURCES
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12 Section 30251 of the Coastal Act states that:

The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas.

New development in highly scenic areas such as those designated in the California Coastline Preservation and Recreation Plan prepared by the Department of Parks and Recreation and by local government shall be subordinate to the character of its setting.

Sections 305 of the Visual Resource Policies of the Coastal Element of the City of San Clemente’s Land Use Plan require:

XII.3 Avenida Pico and El Camino Real be maintained and preserved as scenic corridors in accordance with the Scenic Highways Element of the General Plan (GP Policy 5.1.1).

XII.5 Preservation of the aesthetic resources of the City, including coastal bluffs, visually significant ridgelines, and coastal canyons and significant public views.

XII.9: Preservation of significant public view corridors to the ocean.

The subject site is a vacant lot located at 1832 El Camino Real. From this location, existing public coastal views were analyzed from different vantage points along El Camino Real and adjacent locations, and how those views may be impacted by the proposed project. The existing view from Marblehead Park adjacent to Avenida Pico across El Camino Real to the north has views over and across the proposed site of open coastal waters (Exhibit #8). The view from Avenida Pico, north of El Camino Real looking over the proposed parking lot is also of open coastal waters (Exhibit #9). From a pedestrian’s viewpoint walking along El Camino Real, and vehicles traveling along El Camino Real, blue water views exist, but are relatively obstructed by the North Beach parking lot, existing trees and vegetation, elevated train station platform, and passenger shelters. (Exhibit #10).

During the January 8, 2015 hearing, opponents of the City of San Clemente’s (applicant) project raised concerns regarding the scenic and visual impacts of the City’s Project as proposed.

Specifically, that the public ocean view for motorists, bicyclists, and pedestrians traveling through the El Camino Real public view corridor would be blocked by the parked cars and proposed trees (Melaleuca Linarifolia) in the City’s Conceptual Landscape Design at the City’s proposed project elevations.

The applicant maintains that the initial plan did not have significant impact upon coastal views because of the relatively low profile of the parking lot as proposed. An average sized vehicle parked in the proposed parking lot near El Camino Real has little impact on already obstructed views from the north side of El Camino Real (Exhibit #11).

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13 However, after discussions with staff and considering the opponents alternative project, the City of San Clemente staff developed a Modified Parking Lot Grading Plan. The Modified Plan for the parking lot lowers the grade of the parking stalls closest to El Camino Real by approximately two feet, which will result in a landscaped downslope from El Camino Real parking lot to the parking stalls and a reduction in the grade of the parking lot to one percent.

A view corridor profile of the City’s Modified Parking Lot Grading Plan (Exhibit #12) shows pedestrians and vehicles traveling along El Camino Real at approximately 24 feet in elevation, with cars parked in the proposed lot at approximately 21 ft. in elevation, which is 3 feet lower in elevation. This cross section of the view corridor demonstrates that lowering the parking lot surface elevations minimizes view corridor issues for pedestrians walking on sidewalks and vehicles traveling along El Camino Real. The city engineer has confirmed that two feet is the maximum depth that can be achieved in lowering the elevation of the site, as there is an existing concrete storm control channel that crosses underneath the proposed lot from El Camino Real to Calle Deshecha.

Therefore, post project, views from Marblehead Park adjacent to Avenida Pico across El Camino Real to the north will not be obstructed due to the higher existing elevations of this location. The view from Avenida Pico north of El Camino Real looking over the proposed lot will also remain visually similar as they currently exist of open coastal waters. Finally, views from pedestrians and vehicles travelling on El Camino Real will virtually remain the same.

Opponents of the Applicant’s Revised Parking Lot Plan subsequently submitted two more parking lot plans: The Alternative El Camino Real Parking Lot Plan and Modified Alternative El Camino Real Parking Lot Plan (Exhibit #6b). Opponents to the City’s Revised El Camino Real Parking Lot Plan contend that their plan is still safer, and have less negative impact on the view corridor because of the wider setback between El Camino Real and the first row of parking spaces. (Exhibit #6a) After reviewing these plans, the Commission finds that since the City has addressed the opposition’s concerns regarding safety by changing it to one way direction of traffic, and has lowered the grade by 2 feet to minimize view impacts, these concerns have been adequately addressed.

Another potential visual impact concern raised is the proposed archway. The conceptual landscaping plan provided as Exhibit #3 provides a photographic example of a typical pedestrian archway. The proposed Spanish style entry portal (pedestrian archway) will be located in the northwest corner of the parking lot just off of El Camino Real. The portal will be approximately 16 feet high and 18 feet wide. Because of the location, its proximity to the adjacent development (restaurant and retail building) and minor size of the portal, the structure will not have a significant adverse impact on coastal views from El Camino Real. The majority of the lot will remain open, and coastal views will continue to be available along the adjacent roadway.

After review of the submitted landscaping plan, Commission staff determined that the proposed trees (Melaleuca Linarifolia) would obstruct coastal views across the parking lot from along El Camino Real out to the ocean, because when grown to maturity, such trees would have a wide trunk and full canopy, with the canopy extending as much as twenty feet in width. This issue was also raised by opponents of the proposed plan. Staff discussed with the applicant replacing 240
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14 the proposed trees in this location with alternative trees/plants that would have a narrower profile, such as palms, or low growing shrubs, that would protect the coastal views. The applicant is in agreement and will revise the landscaping to substitute palm trees for the seven centrally located canopy trees in the City’s Conceptual Landscape Design to protect the public ocean view corridor. The palms will be drought tolerant and non invastive, which is consistent with Special Condition #7. In addition, landscape design provides for open views throughout the parking lot, with trees and low-profile shrubs to maintain views from Avenida Pico. The proposed pay station and new signs are well below the City’s height limits (33 feet) for structures in the area and will have no adverse impact on public coastal views.

Security lighting will be provided within the parking lot. The surrounding area provides lighting along the public streets and within the adjacent public parking lot and train station. The lighting will be directed into the parking lot to minimize light spillage, and will be consistent with the surrounding area. Therefore, the proposed lighting will not have a significant effect on the surrounding area.

As proposed, the Commission finds the proposed development consistent with Section 30251 of the Coastal Act, and Sections 305 of the Visual Resource Policies of the Coastal Element of the City of San Clemente’s Land Use Plan.

E. WATER QUALITY
Section 30230 of the Coastal Act states, in pertinent part:

Marine resources shall be maintained, enhanced, and where feasible, restored… Section 30231 of the Coastal Act states:

The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and, where feasible, restored through, among other means, minimizing adverse effects of waste water discharges and entrainment, controlling runoff, preventing depletion of ground water supplies and substantial interference with surface water flow, encouraging waste water reclamation, maintaining natural vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams.

Section 306 Water and Marine Resources Goals and Policies of the Coastal Element of the City of San Clemente’s Land Use Plan state in part:

XIV.2 The biological productivity and the quality of coastal waters…appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and, where feasible, restored through, among other means, minimizing adverse effects of wastewater discharges and entrainment, and controlling runoff.
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15 Paved surfaces can potentially increase offsite water runoff, and the construction of a parking lot can potentially increase the quantity of petroleum by-products entering adjacent streams and the ocean. To address potential runoff, the applicant provided a Water Quality Management Plan (Exhibit #13) and hydrology calculations for the proposed paved surface parking lot project.

The applicant is proposing a manufactured bio retention product consisting of a 3 ft. x 6 ft. “modular wetland unit” designed around the space constraints of the site while providing the necessary treatment for low water runoff. The applicant considered a bio-swale option and determined that there is not sufficient length available within the site for effective use of this water quality BMP option. Discharge from the filtration system will be directed to the adjacent municipal flood control channel.

During the January 8, 2015 hearing, opponents of the applicant’s project objected to the applicant’s overuse of impermeable pavement in their proposed design, and suggested that the parking lot should be designed to allow water to infiltrate into the subsurface soil. The applicant has examined this issue and has determined that the underlying soils in this location are part of the Capistrano Formation, which consist mainly of clayey silts that allow minimal volumes of water to percolate through the soils, and therefore do not drain well. To support this assertion, the applicant has submitted a geotechnical report prepared by LGC Geotechnical, Inc. entitled “Preliminary Geotechnical Evaluation for the North Beach/El Camino Real Beach Parking Lot, 1832 North E Camino Real, San Clemente, California”. The study investigated infiltration capabilities of the proposed parking lot’s underlying soils, the results of which substantiated a negligible rate of water infiltration at the locations tested due to the significant amounts of clay soils that are not considered permeable and thereby not good for infiltration. The hydrology study concluded that the calculated soil permeability of the soil at the project site is 0.04 inches per hour, which is a negligible rate of water infiltration, making onsite infiltration of water runoff as a water quality Best Management Practice (BMP) not a viable option. The Commission’s staff geologist, Mark Johnsson tends to agree with the City’s assertion; that based on the composition of the proposed parking lot’s underlying clayey soils in this location, there is relatively no advantage in utilizing permeable pavements that drain into such poor draining soils.

Furthermore, the city’s engineer has indicated that designing a surface to allow infiltration over such soils can cause a “perching” condition in the soil which could potentially cause damage to the parking lot and attached structures. Therefore, Commission staff is in agreement with the city engineer and geologists that the use of impermeable surfaces in this instance would have little to no effect on water infiltration and is therefore not necessary.

In order to ensure that the proposed modular wetland unit is maintained in working condition, Special Condition #5 requires the applicant to inspect and maintain all proposed structural and/or treatment control BMPs for the life of the project in accordance with well-recognized and accepted design principles and guidelines. Additionally, Special Condition #6 requires the applicant comply with standard construction phase BMPs to minimize the effects of construction activities on the marine environment.

As conditioned, the project will minimize potential adverse impacts on coastal waters to such an extent that it will not have a significant impact on marine resources, biological productivity or coastal water quality. Therefore, the Commission finds that the proposed development, as conditioned, conforms to Sections 30230 and 30231 of the Coastal Act and Section 306 of the 242
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16 City’s Certified Land Use Plan regarding the protection of water quality to protect marine resources, promote the biological productivity of coastal waters and to protect human health.

G. LOCAL COASTAL PROGRAM
Section 30604(a) of the Coastal Act provides that the Commission shall issue a coastal development permit only if the project will not prejudice the ability of the local government having jurisdiction to prepare a Local Coastal Program that conforms to Chapter 3 policies of the Coastal Act. The Commission certified the Land Use Plan for the City of San Clemente on May 11, 1988, and certified an amendment approved in October 1995. On April 10, 1998, the Commission certified with suggested modifications the Implementation Plan portion of the Local Coastal Program. The suggested modifications expired on October 10, 1998. The City resubmitted on June 3, 1999, but withdrew the submittal on October 5, 2000.

The proposed development, as conditioned, is consistent with the policies contained in the certified Land Use Plan. Moreover, as discussed herein, the development, as conditioned, is consistent with the Chapter 3 policies of the Coastal Act. Therefore, approval of the proposed development will not prejudice the City's ability to prepare a Local Coastal Program for San Clemente that is consistent with the Chapter 3 policies of the Coastal Act as required by Section 30604(a).

F. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Section 13096 of Title 14 of the California Code of Regulations requires Commission approval of Coastal Development Permits to be supported by a finding showing the permit, as conditioned by any conditions of approval, to be consistent with any applicable requirements of the California Environmental Quality Act (CEQA). Section 21080.5(d)(2)(A) of CEQA prohibits a proposed development from being approved if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse effect that the activity may have on the environment.

The City of San Clemente is the lead agency for purposes of CEQA compliance. As determined by the City, the project is categorically exempt pursuant to CEQA as a Class 11 exemption pursuant to CEQA Guidelines Section 15311 because the project consists of the City constructing a small parking lot for beach parking accessory to an institutional facility, beach parking provided for public recreation. In order to ensure compliance with Coastal Act requirements, the Commission adopts additional mitigation measures including: special conditions related to compliance with construction-related best management practices (BMPs), drainage, landscaping, and future development. As conditioned, the proposed project is consistent with the public access, water quality and visual resource protection policies of the Coastal Act and there are no feasible alternatives or additional feasible mitigation measures available which would substantially lessen any significant adverse effect, which the activity may have on the environment. Therefore, the Commission finds that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and is consistent with the requirements of the Coastal Act and CEQA. 243
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17 APPENDIX A

SUBSTANTIVE FILE DOCUMENTS
City of San Clemente LUP
Approval-in-Concept dated 7/25/14
Conditional Use Permit 13-478
Minor Cultural Heritage Permit 14-004
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910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 2, 2025 Agenda Item: 10B.

Submitted By: Public Works
Prepared By: Ray Pantoja, Water Conservation Analyst
Subject:
..titl e

CONSIDERATION OF A RESOLUTION DECLARING AN EXEMPTION TO THE FORMAL

BIDDING PROCESS, APPROVING THE AGREEMENT FOR SHARING CONSULTANT COSTS FOR THE 2025 URBAN WATER MANAGEMENT PLAN (“AGREEMENT”) WITH THE

MUNICIPAL WATER DISTRICT OF ORANGE COUNTY (MWDOC), AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT, AND FINDING THE PROJECT STATUTORILY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body Fiscal Impact:

None. There is funding for the proposed $71,030 expenditure as outlined in Exhibit B (Attachment 4). Funding for the Agreement is available in the Water Operating Fund, and will be split between Account No.’s 052-462-43690, 052-463-43690, and 052-464-43690. A carryover of $66,000 from Fiscal Year 2025 to Fiscal Year 2026 has been requested from these accounts, and the additional funding needed is available in Fiscal Year 2026 from the accounts.

Summary:

Before the City Council is a resolution approving an Agreement for Sharing Consultant Costs for the 2025 Urban Water Management Plan (UWMP). This will allow the City to complete and submit the UWMP by the July 1, 2026 deadline, as required under California Water Code Section 10621(a). This Agreement provides regional pooling of consulting resources, which results in costs savings for the City and other participating agencies for the compilation and submittal of their respective UWMPs.

Background:

California Water Code Section 10621(a) is part of the state's Urban Water Management Planning Act. This section mandates that every urban water supplier must update its Urban Water Management Plan (UWMP) at least once every five years. These updates are due on or before July 1st, in years ending in six and one, and the plan updates must include new and updated information from the preceding five years.

The purpose of UWMPs and their regular updates is to support the long-term resource planning of water suppliers and to ensure the availability of adequate water supplies to meet both existing and future needs. The information contained within the UWMPs is valuable for water planning at local, regional, and state levels.

Urban Water Suppliers, including the City of San Clemente, are required to submit an UWMP every five years to the California Department of Water Resources (DWR). The City has historically worked with MWDOC and their contracted Consultant to prepare, complete, and 319
Meeting Date: September 2, 2025 Agenda Item: 10B.

CITY OF SAN CLEMENTE 2
submit the UWMP to DWR. The shared cost Agreement results in lower costs for each Participating Agency by pooling resources amongst MWDOC’s member agencies in the interest of reducing preparation costs.

MWDOC and the Participating Agencies jointly prepared and agreed to a Scope of Work that was incorporated into a Request for Proposals. In response, two consulting firms submitted proposals which were reviewed by a panel comprised of representatives of MWDOC and several Participating Agencies and which resulted in the selection of Carollo Engineers, Inc. ("Consultant") as the consultant to prepare UWMPs for the Participating Agencies.

MWDOC and the approved consultant, Carollo Engineering, Inc. (“Consultant”) will work with City staff on the preparation of the 2025 UWMP, which is due July 1, 2026. This Agreement is consistent with Section XI.A.1.14 of City Policy 201-2-1 (which allows for an exemption to the formal bidding process when purchasing from, joining in a cooperative purchase with or selling to any other governmental agency or joint powers authority when the action is beneficial to the interests of the City of San Clemente) because MWDOC is a public entity, and is the City’s current imported water wholesaler.

Council Options:
 Adopt Resolution No. 25-130, which would approve the Agreement for Sharing Consultant Costs for the 2025 Urban Water Management Plan, authorize the City Manager to execute the Agreement and find the project statutorily exempt from the California Environmental Quality Act.
 Modify and adopt Resolution No. 25-130.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 25-130 to approve the Agreement for Sharing Consultant Costs for the 2025 Urban Water Management Plan.

Environmental Review/Analysis:

This project is exempt from the California Environmental Quality Act as set forth in Water Code Section 10652, which states that CEQA does not apply to the preparation and adoption of UWMPs or to the implementation of actions taken pursuant to Section 10632 of the Water Code.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 25-130, which would:

1. Find the project statutorily exempt from the California Environmental Quality Act under Water Code Section 10652;

2. Approve the Agreement for Sharing Consultant Costs for the 2025 Urban Water Management Plan with the Municipal Water District of Orange County; and 320
Meeting Date: September 2, 2025 Agenda Item: 10B.

CITY OF SAN CLEMENTE 3

3. Authorize the City Manager to execute the Agreement (Attachment 2). ..end
Attachments:

1. Resolution No. 25-130

2. Agreement for Sharing Consultant Costs for the 2025 Urban Water Management Plan

3. Exhibit A 2025 UWMP Consultant Agreement

4. Exhibit B 2025 UWMP Cost Summary Table

5. 2020 Urban Water Management Plan

6. Notice of Exemption
Notification:

None.
321
Attachment 1
RESOLUTION NO. 25-130

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, DECLARING AN

EXEMPTION TO THE FORMAL BIDDING PROCESS,

APPROVING THE AGREEMENT FOR SHARING
CONSULTANT COSTS FOR THE 2025 URBAN WATER
MANAGEMENT PLAN (“AGREEMENT”) WITH THE

MUNICIPAL WATER DISTRICT OF ORANGE COUNTY AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT, AND FINDING THE PROJECT STATUTORILY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
WHEREAS, under California Water Code section 10621(a), urban water suppliers are required to update their respective Urban Water Management Plan ("UWMP") at least once every five years; and
WHEREAS, the purpose of UWMPs and their regular updates is to support the longterm resource planning of water suppliers and ensure the availability of adequate water supplies to meet both existing and future needs. The information contained within the UWMPs is valuable for water planning at local, regional, and state levels; and WHEREAS, the 2025 UWMPs are required to be updated and submitted to the California Department of Water Resources (“DWR”) by July 1, 2026; and WHEREAS, the City and every other Participating Agency has the responsibility to prepare a separate 2025 UWMP for submission by July 1, 2026; and WHEREAS, the City and the other Participating Agencies share many water supply characteristics, including water sources, regional water management agencies, location, climate history, and demographics; and
WHEREAS, pursuant to California Water Code section 10620, subdivision (d)(3), the City and the other Participating Agencies wish to coordinate the preparation of their 2025 UWMP’s in the interest of reducing preparation costs; and WHEREAS, the Participating Agencies and MWDOC desire to cooperate with each other to obtain economies of scale and thereby reduce preparation costs for each of the Participating Agencies; and
WHEREAS, MWDOC and the Participating Agencies have jointly prepared and agreed to a Scope of Work that was incorporated into a Request for Proposals. In response, two consulting firms submitted proposals which were reviewed by a panel comprised of representatives of MWDOC and several Participating Agencies and which resulted in the selection of Carollo Engineers, Inc. ("Consultant") as the consultant to prepare UWMPs for 322
Resolution No. 25-130 Page 2
the Participating Agencies (the “Work”); and
WHEREAS, City Purchasing Policy 201-2-1, Section XI.A.1.14 allows for an exemption to the formal bidding process when purchasing from, joining in a cooperative purchase with or selling to any other governmental agency or joint powers authority when the action is beneficial to the interests of the City of San Clemente; and WHEREAS, MWDOC and its staff are willing to coordinate this process, including the preparation and administration of a professional services agreement with the Consultant; and the administration of the cost sharing provisions of this Agreement; and NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

SECTION 1. That the above recitals are true and correct and incorporated herein fully by reference.

SECTION 2. Based on a review of the file as a whole, this is project is exempt from the California Environmental Quality Act (CEQA) as set forth in Water Code Section 10652, which states that CEQA does not apply to the preparation and adoption of UWMPs or to the implementation of actions taken pursuant to Section 10632 of the Water Code.

SECTION 3. That the Agreement for Sharing Consultant Costs for 2025 Urban Water Management Plans (“Agreement”) with the Municipal Water District of Orange County will result in cost savings to the City for the compilation of the 2025 UWMP.

SECTION 4. That the approval of the Agreement will allow the City to complete and submit the 2025 UWMP to DWR by the July 1, 2026 deadline.

SECTION 5. That this Agreement is exempt from the City’s formal bidding process under City Purchasing Policy 201-2-1, Section XI.A.1.14.

SECTION 6. That the Agreement is hereby approved.

SECTION 7. That the City Manager is hereby authorized and directed to execute the Agreement in a form substantially similar to that presented to the City Council on September 2, 2025.

SECTION 8. That the City Manager is hereby authorized and directed to execute such other documents and take such other and further action as is necessary and proper to accomplish the purposes of this resolution and complete and submit the 2025 UWMP to DWR by the July 1, 2026 deadline.

SECTION 9. 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:
323
Resolution No. 25-130 Page 3
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the City San Clemente, California of San Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-130 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:

AGREEMENT FOR SHARING CONSULTANT COSTS FOR
2025 URBAN WATER MANAGEMENT PLANS
This AGREEMENT is made and entered into as of, 2025, by and between 1) City of Buena Park
2) City of Fullerton*
3) City of Garden Grove
4) City of La Palma
5) City of Orange
6) City of Seal Beach
7) City of Tustin
8) City of Westminster
9) Yorba Linda Water District
10) East Orange County Water District
11) City of Anaheim*
12) City of Fountain Valley
13) City of Newport Beach
14) City of Santa Ana*
15) City of Huntington Beach
16) Mesa Water District
17) City of San Clemente
18) Santa Margarita Water District
19) South Coast Water District
20) Trabuco Canyon Water District
21) Laguna Beach County Water District
22) City of Brea
23) City of La Habra
(collectively "Participating Agencies" and individually "Participating Agency") and the Municipal Water District of Orange County ("MWDOC"). The Participating Agencies and MWDOC are collectively referred to as "Parties."

RECITALS
WHEREAS, under California Water Code section 10621(a), the Participating Agencies are required to update their respective Urban Water Management Plan ("UWMP") at least once every five years; and
WHEREAS, the 2025 UWMP's shall be updated and submitted to the California Department of Water Resources (“DWR”) by July 1, 2026; and WHEREAS, each Participating Agency has the responsibility to prepare a separate 2025 UWMP for submission by July 1, 2026; and
* Participating Agency pursuant to separate Master Agreement with MWDOC. 1 325
Cost Sharing Agreement for 2025 UWMP
2 WHEREAS, the Participating Agencies share many water supply characteristics, including water sources, regional water management agencies, location, climate history, and demographics; and
WHEREAS, pursuant to California Water Code section 10620, subdivision (d)(3), the Participating Agencies wish to coordinate the preparation of their 2025 UWMPs in the interest of reducing preparation costs; and
WHEREAS, the Participating Agencies and MWDOC desire to cooperate with each other to obtain economies of scale and thereby reduce preparation costs for each of the Participating Agencies; and
WHEREAS, MWDOC and the Participating Agencies have jointly prepared and agreed to a Scope of Work that was incorporated into a Request for Proposals. In response, two consulting firms submitted proposals which were reviewed by a panel comprised of representatives of MWDOC and several Participating Agencies and which resulted in the selection of Carollo Engineers, Inc. ("Consultant") as the consultant to prepare UWMPs for the Participating Agencies (the “Work”); and WHEREAS, MWDOC and its staff are willing to coordinate this process, including the preparation and administration of a professional services agreement with the Consultant; and the administration of the cost sharing provisions of this Agreement; NOW, THEREFORE, in consideration of the payment of money as set forth below and the mutual promises of the Parties hereto, it is agreed:

1. Engagement of Consultant and Administration of Consultant Agreement

1.1 MWDOC shall award a professional services agreement for the work identified in the Request for Proposals to Consultant ("Consultant Agreement").

MWDOC shall use its standard professional services agreement form for the Consultant Agreement with minor negotiated deviations permitted by MWDOC General Manger and Legal Counsel and require appropriate types and limits of insurance coverage. Each CGL policy shall identify MWDOC and its directors, officers, agents, employees, attorneys, consultants and authorized volunteers, the Participating Agencies and their respective directors, officials, officers, agents, employees, attorneys, consultants and authorized volunteers, as additional insureds, or be endorsed to identify these parties as additional insureds using a form acceptable to MWDOC. The Consultant Agreement will require the Consultant's insurer(s) to waive all rights of subrogation against MWDOC and its directors, officers, agents, employees, attorneys, consultants and authorized volunteers, and the Participating Agencies and their respective directors, officials, officers, agents, employees, attorneys, consultants and authorized volunteers. The Consultant Agreement will require Consultant to ensure that its sub-consultants, if any, provide similar insurance coverage. 326
Cost Sharing Agreement for 2025 UWMP
3 1.2 MWDOC shall coordinate all aspects of the proposed work with Consultant and communicate with each Participating Agency, regularly and upon request of the Participating Agency, regarding the status and substance of its 2025 UWMP.

1.3 MWDOC shall withhold the final payment until such time as every Participating Agency has notified MWDOC that it is satisfied with the final UWMP prepared for it by Consultant.

1.4 Each Participating Agency shall, within a reasonable timeframe, provide all documents, information and assistance requested by the selected contractor during the performance of the Consultant Agreement.

1.5 Each Participating Agency acknowledges that costs may fluctuate as DWR releases the Draft UWMP Guidebook and participating agencies decide whether or not to participate.

2. Cost Sharing by Participating Agencies

2.1 MWDOC shall:

2.1.1 Collect from each Participating Agency upon execution of this Agreement the full amount of the Participating Agency’s proportionate share of the total cost of the Work as described in the Contractor’s proposal, which is in Exhibits A and B.

2.1.2 Inform each Participating Agency of any proposed additional work under the Consultant Agreement that relates to preparation of that Participating Agency's 2025 UWMP and that would result in an increase in that Participating Agency's payment under this Agreement. MWDOC and the affected Participating Agency must both first approve such additional work in writing before MWDOC will notify Consultant to proceed with the work. Exhibit B includes each Participating Agency’s base cost with elected additional items and may be updated pursuant to this section. Exhibit B will be incorporated into this Agreement by this reference, subject to any approved updates.

2.1.3 Be responsible for making progress payments directly to Consultant from funds paid to MWDOC by Participating Agencies (see section 1.3) for approved additional work.

2.1.4 Prepare a final accounting and either distribute any remaining funds collected from the Participating Agencies back to the Participating Agencies or issue a final bill to Participating Agencies if there are funds due.

2.2 Each Participating Agency shall:

2.2.1 Pay to MWDOC upon execution of this Agreement the full amount of the 327
Cost Sharing Agreement for 2025 UWMP
4 Participating Agency’s proportionate share of the total cost of the Work as described in the Contractor’s proposal, which is in Exhibit A.

2.2.2 Pay to MWDOC, upon approval of any additional work under the Consultant Agreement that relates to preparation of its 2025 UWMP, the full amount owed for the approved additional work. Each Participating Agency shall bear all costs associated with extra work it approves, described within Exhibits A and B, incorporated into this Agreement by reference.

3. Accounting
Upon request of any Participating Agency, MWDOC will provide copies of the selected Consultant's invoices and MWDOC's payment records.

4. Independent Contractor
Any consultant engaged by MWDOC on behalf of the Participating Agencies as contemplated in this Agreement will not be a party to this Agreement and will not be an employee or agent of MWDOC or any of the Participating Agencies, either as a result of this Agreement or as a result of a professional services agreement between MWDOC andthe Consultant. Any consultant engaged as contemplated in this Agreement will be an independent contractor to MWDOC.

5. Warranty, Indemnification and Defense
MWDOC shall use its best efforts in administering the Consultant Agreement, but makes no representations, guarantees or warranties to the Participating Agencies as to the quality or timeliness of work product provided by Consultant pursuant to the Consultant Agreement. All losses or liabilities resulting from any and all actions, claims, penalties, obligations or liabilities, in law or in equity, of every kind or nature whatsoever, that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in any manner directly or indirectly connected with any work contemplated by this Agreement shall be subject to the indemnification described in this section. Each of the Parties hereto shall fully indemnify and hold each of the other Parties, their officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed or occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No Party, nor any officer, board member, employee or agent thereof, shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other Parties hereto, their officers, board members employees, or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to any other Parties under this Agreement.
328
Cost Sharing Agreement for 2025 UWMP
5 6. Notice
Any notice or communication required to be given under this Agreement shall be in writing and effective when deposited, first class postage prepaid with the United States Postal Service addressed to the contracting Parties as follows:

Notice to Parties
If to:

1. MWDOC Harvey De La Torre, General Manager
Municipal Water District of Orange County
18700 Ward St.

Fountain Valley, CA 92708

2. City of Buena Park Aaron France, City Manager
City of Buena Park
6650 Beach Blvd.

Buena Park, CA 90622

3. City of Fullerton Pursuant to Master Agreement

4. City of Garden Grove Lisa Kim, City Manager
City of Garden Grove
P.O. Box 3070
Garden Grove, CA 92842

5. City of La Palma Michael Egan, Interim City Manager
City of La Palma
7822 Walker Street
La Palma, CA 90623

6. City of Orange Jarad Hildenbrand, City Manager
City of Orange
P.O. Box 449
Orange, CA 92866

7. City of Seal Beach Patrick Gellegos, City Manager
City of Seal Beach
211 8th Street
Seal Beach, CA 90740

8. City of Tustin Aldo Schindler, City Manager
City of Tustin
300 Centennial Way
Tustin, CA 92780

9. Yorba Linda Water
District
Mark Toy, General Manager
Yorba Linda Water District
1717 E. Miraloma Avenue
Placentia, CA 92870

10. City of Westminster Christine Cordon, City Manager
City of Westminster
8200 Westminster Blvd.

Westminster, CA 92683
329
Cost Sharing Agreement for 2025 UWMP
6 11. East Orange County
Water District
David Youngblood, General Manager
East Orange County Water District
185 N. McPherson Rd.

Orange, CA 92869

12. City of Anaheim Pursuant to Master Agreement

13. City of Fountain Valley Ted Bui, Mayor
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, CA 92708

14. City of Newport Beach Grace Leung, City Manager
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92663

15. City of Santa Ana Pursuant to Master Agreement

16. City of Huntington Beach Howard Johnson, Utilities Manager City of Huntington Beach
19001 Huntington Street
Huntington Beach, CA 92648-2211

17. Mesa Water District Paul Shoenberger, General Manager Mesa Water District
1965 Placentia Avenue
Costa Mesa, CA 92627-3420

18. City of San Clemente Andy Hall, City Manager
City of San Clemente
100 Avenida Presidio
San Clemente, CA 92672

19. Santa Margarita Water
District
Robert Grantham, General Manager
Santa Margarita Water District
26111 Antonio Pkwy
Ranch Santa Margarita, CA 92688

20. South Coast Water District Rick Shintaku, General Manager South Coast Water District
31592 West Street Laguna Beach, CA 92651

21. Trabuco Canyon Water
District
Fernando Paludi, General Manager
Trabuco Canyon Water District
32003 Dove Canyon Drive
Trabuco Canyon, CA 92679
330
Cost Sharing Agreement for 2025 UWMP
7 22. Laguna Beach County
Water District
Keth Van Der Maaten, General Manager
Laguna Beach County Water District
306 3rd Street
Laguna Beach, CA 92651

23. City of Brea Kristin Griffith, City Manager
City of Brea
1 Civic Center Circle Brea,
CA 92821

24. City of La Habra Jim Sadro, Executive Director
City of La Habra
P.O. Box 337
La Habra, CA 90633-0337

7. Jurisdiction and Venue
In all matters concerning the validity, interpretation, performance, or effect of this Agreement, the laws of the State of California shall govern and be applicable. The Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that venue of any action brought hereunder shall be in Orange County, California.

8. Counterparts and Facsimile
This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by facsimile, email, or other electronic means and have the same force and effect as if they were original signatures. All Parties have participated in the drafting of this Agreement.

9. Severability
If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, the legality, validity, and enforceability of the remaining provisions shall not be affected thereby.

10. Term
This Agreement shall commence upon the date of the earliest execution by any Participating Agency below and shall extend thereafter through the completion of all work product generated by the Consultant and delivered to MWDOC and to each Participating Agency. The scheduled completion date by the Consultant is July 1, 2026. MWDOC shall issue a Notice of Completion to all Participating Agencies upon close-out of the Consultant Agreement. Notwithstanding anything to the contrary in this Section 10, this Agreement may be terminated earlier by MWDOC in its discretion upon or after termination of the Consultant Agreement.
331
Cost Sharing Agreement for 2025 UWMP
8 11. Entire Agreement
This Agreement contains the entire agreement of the Parties relating to the subject matter hereof; and the Parties have made no agreements, representations, or warranties, either written or oral, relating to the subject matter hereof that are not set forth herein. Except as provided herein, this Agreement may not be modified or altered without prior written approval from Parties.

IN WITNESS WHEREOF, the Parties have hereunto affixed their names as of the day and year thereinafter written, which shall be and is the effective date of This Agreement.

Execution of Agreement by Parties

1. Municipal Water District of Orange
County
Date:

By:

Harvey De La Torre, General Manager
Municipal Water District of Orange County
Approved as to Form:

Date:

By:

Joseph Byrne
General Counsel

2. City of Buena Park Date:

By:

Aaron France, City Manager
City of Buena Park
Approved as to Form:
332
Cost Sharing Agreement for 2025 UWMP
9 Date:

By:

City Attorney

3. City of Garden Grove Date:

By:

Lisa Kim, City Manager
City of Garden Grove
Approved as to Form:

Date:

By:

City Attorney

4. City of La Palma Date:

By:

Michael Egan, Interim City Manager
City of La Palma
Approved as to Form:

Date:

By:

City Attorney
333
Cost Sharing Agreement for 2025 UWMP
10 5. City of Orange Date:

By:

Jarad Hildenbrand, City Manager
City of Orange
Approved as to Form:

Date:

By:

City Attorney

6. City of Seal Beach Date:

By:

Patrick Gallegos, City Manager
City of Seal Beach
Approved as to Form:

Date:

By:

City Attorney

7. City of Tustin Date:

By:

Aldo Schindler, City Manager
City of Tustin
334
Cost Sharing Agreement for 2025 UWMP
11 Approved as to Form:

Date:

By:

City Attorney

8. Yorba Linda Water District Date:

By:

Richard Mark Toy, General Manager
Yorba Linda Water District
Approved as to Form:

Date:

By:

District Counsel

9. City of Westminster Date:

By:

Christine Cordon, City Manager
City of Westminster
Approved as to Form:

Date:

By:

City Attorney
335
Cost Sharing Agreement for 2025 UWMP
12 10. East Orange County Water District Date:

By:

David Youngblood, General Manager
East Orange County Water District
Approved as to Form:

Date:

By:

District Counsel

11. City of Fountain Valley Date:

By:

Ted Bui, Mayor
City of Fountain Valley
Approved as to Form:

Date:

By:

Attorney for the City

12. City of Newport Beach Date:

By:

Grace Leung, City Manager
City of Newport Beach
336
Cost Sharing Agreement for 2025 UWMP
13 Approved as to Form:

Date:

By:

City Attorney

13. City of Huntington Beach
a municipal corporation of the State of
California Date:

By:

Pat Burns, Mayor
City of Huntington Beach
Date:

By:

Lisa Lane Barnes, City Clerk
Approved as to Form:

Date:

By:

Michael Vigliotta, City Attorney

14. Mesa Water District Date:

By:

Paul Shoenberger, General Manager
Mesa Water District
Approved as to Form:
337
Cost Sharing Agreement for 2025 UWMP
14 Date:

By:

District Counsel

15. City of San Clemente Date:

By:

Andy Hall, City Manager
City of San Clemente
Approved as to Form:

Date:

By:

Elizabeth A. Mitchell, City Attorney

16. Santa Margarita Water District Date:

By:

Robert Grantham, General Manager
Santa Margarita Water District
Approved as to Form:

Date:

By:

District Counsel
338
Cost Sharing Agreement for 2025 UWMP
15 17. South Coast Water District Date:

By:

Rick Shintaku, General Manager
South Coast Water District
Approved as to Form:

Date:

By:

District Counsel

18. Trabuco Canyon Water District Date:

By:

Fernando Paludi, General Manager
Trabuco Canyon Water District
Approved as to Form:

Date:

By:

District Counsel

19. Laguna Beach County Water District Date:

By:

Keith Van Der Maaten, General Manager
Laguna Beach County Water District
339
Cost Sharing Agreement for 2025 UWMP
16 Approved as to Form:

Date:

By:

District Counsel

20. City of Brea Date:

By:

Kristin Griffith, City Manager
City of Brea
Approved as to Form:

Date:

By:

City Attorney

21. City of La Habra Date:

By:

Jim Sadro, City Manager
City of La Habra
Approved as to Form:

Date:

By:

City Attorney
340
Cost Sharing Agreement for 2025 UWMP
17 EXHIBIT A
Consultant Agreement
341
Cost Sharing Agreement for 2025 UWMP
18 EXHIBIT B
Cost Summary for Development of Urban Water Management Plans for 2025 342
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Budget Groupings of Agencies Base Price Task O1: In-Person Individual Meetings ($/mtg) Task O2: Additional Virtual 1:1 Meeting Task O3A: Additional Coordination (Option A) Task O3B: Additional Coordination (Option B) Task O4A: Incoporating Ripple Effects (Option A) Task O4B: Incoporating Ripple Effects (Option B) Task O5A: Water Shortage Contingency Plan (WSCP) Revision (Option A) Task O5B: Water Shortage Contingency Plan (WSCP) Revision (Option B) Task O5C: Water Shortage Contingency Plan (WSCP) Revision (Option C) Task O6: Adoption Process Support Task O7A: Public Hearing Presentation Template Task O7B: Management/Board/ Public Hearing Presentation Task O8: Public Hearing Meetings ($/mtg) Task O9: DWR Submittal Task O10A: 2025 UWMP 5 Hard Copies Task O10B: 2025 UWMP 10 Hard Copies Task O11A: Incorporating Climate change Impacts (Option A) Task O11B: Incorporating Climate change Impacts (Option B) $ 2,700 $ 860 $ 2,500 $ 5,000 $ 2,500 $ 5,495 $ 4,865 $ 8,120 $ 15,643 $ 2,450 $ 1,755 $ 1,372 $ 1,560 $ 1,365 $ 2,525 $ 3,775 $ 3,385 $ 6,241 1 MWDOC $74,727 - - - - 2,500 $ - - - - - 1,755 $ - - 1,365 $ - - - - 80,347 $ 5,620 $ 2 City of Buena Park $40,433 - 860 $ - - 2,500 $ - - 8,120 $ - 2,450 $ - 1,372 $ 1,560 $ 1,365 $ 2,525 $ - - - 61,185 $ 20,752 $ 3 City of Fullerton (not a part of MWDOC) $40,433 2,700 $ 860 $ 2,500 $ - 2,500 $ - - 8,120 $ - 2,450 $ - 1,372 $ 1,560 $ 1,365 $ 2,525 $ - 3,385 $ - 69,770 $ 29,337 $ 4 City of Garden Grove $40,433 - 860 $ 2,500 $ - - 5,495 $ - 8,120 $ - 2,450 $ 1,755 $ 1,372 $ 1,560 $ 1,365 $ - - - - 65,910 $ 25,477 $ 5 City of La Palma $40,433 - 860 $ - - - - - - - - - 1,372 $ - 1,365 $ - - - - 44,030 $ 3,597 $ 6 City of Orange $40,433 - - - - - - 4,865 $ - - - - - - 1,365 $ - - - - 46,663 $ 6,230 $ 7 City of Seal Beach $40,433 - - - - - - 4,865 $ - - - - 1,372 $ 1,560 $ 1,365 $ - - - - 49,595 $ 9,162 $ 8 City of Tustin $40,433 - - - - - - 4,865 $ - - - - - - - - - - 6,241 $ 51,539 $ 11,106 $ 9 Yorba Linda Water District $40,433 2,700 $ 860 $ - - - - - 8,120 $ - - 1,755 $ - 1,560 $ 1,365 $ - - - - 56,793 $ 16,360 $ 10 City of Westminster $40,433 - - - - - - 4,865 $ - - - - - - 1,365 $ - - - - 46,663 $ 6,230 $ 11 East Orange County Water District $40,433 - 860 $ - - - - 4,865 $ - - - - - - 1,365 $ - - - - 47,523 $ 7,090 $ 12 Huntington Beach $40,433 - 860 $ - - - - - - - - - - - - - - - - 41,293 $ 860 $ 13 City of Anaheim $43,582 2,700 $ 860 $ - 5,000 $ - 5,495 $ - - 15,643 $ 2,450 $ 1,755 $ 1,372 $ 1,560 $ 1,365 $ - 3,775 $ 3,385 $ - 88,942 $ 45,360 $ 14 City of Fountain Valley $43,582 - 860 $ - - 2,500 $ - - 8,120 $ - 2,450 $ 1,755 $ 1,372 $ - 1,365 $ - - - - 62,004 $ 18,422 $ 15 City of Newport Beach $43,582 2,700 $ - - - 2,500 $ - - 8,120 $ - 2,450 $ - 1,372 $ - 1,365 $ 2,525 $ - - - 64,614 $ 21,032 $ 16 City of Santa Ana (not a part of MWDOC) $43,582 2,700 $ 860 $ 2,500 $ - 2,500 $ - - - 15,643 $ 2,450 $ 1,755 $ 1,372 $ 1,560 $ 1,365 $ - - 3,385 $ - 79,672 $ 36,090 $ 17 Mesa Water District $43,582 - - - - - - 4,865 $ - - - - - - 1,365 $ - - - - 49,812 $ 6,230 $ 18 City of San Clemente $46,196 - - - - - - - 8,120 $ - - - 1,372 $ 1,560 $ 1,365 $ - - - - 58,613 $ 12,417 $ 19 Santa Margarita Water District $46,196 - 860 $ 2,500 $ - 2,500 $ - - - - - - 1,372 $ 1,560 $ - - - 3,385 $ - 58,373 $ 12,177 $ 20 South Coast Water District $46,196 - - - - 2,500 $ - 4,865 $ - - - 1,755 $ 1,372 $ 1,560 $ 1,365 $ - - 3,385 $ - 62,998 $ 16,802 $ 21 Trabuco Canyon Water District $46,196 - - - - - - - - - 2,450 $ 1,755 $ - - 1,365 $ 2,525 $ - - - 54,291 $ 8,095 $ 22 Laguna Beach County Water District $41,314 - - - - - - 4,865 $ - - - - 1,372 $ - 1,365 $ - - - - 48,916 $ 7,602 $ 23 City of Brea $46,196 - - - - - - - 8,120 $ - 2,450 $ - 1,372 $ 1,560 $ - 2,525 $ - - - 62,223 $ 16,027 $ 24 City of La Habra $46,196 - 860 $ - - - - - 8,120 $ - 2,450 $ - 1,372 $ 1,560 $ 1,365 $ 2,525 $ - - - 64,448 $ 18,252 $ $1,055,890 13,500 $ 10,320 $ 10,000 $ 5,000 $ 20,000 $ 10,990 $ 38,920 $ 73,080 $ 31,286 $ 24,500 $ 14,040 $ 20,580 $ 18,720 $ 27,300 $ 15,150 $ 3,775 $ 16,925 $ 6,241 $ 1,416,217 $ 360,327 $ Legend Status
Contingecy Items Activated
Not Activated
Total for All Agencies
Last update: 8/7/2025
Total
Exhibit B
Cost Summary For Development of 2025 Urban Water Management Plans Optional Tasks and Contingency Items Grand Total by Agency Total Optional/Contingency Tasks Selected MWDOC
OCWD Groundwater Agencies
OCWD Groundwater Agencies with Recycled Water
South County Agencies with Recycled Water
South County Agencies without Recycled Water
Non-OCWD Groundwater Agencies
375
June 2021
2020 Urban Water
Management Plan
Attachment 5
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Statutory Exemptions. State code number:

Project Location - City: ______________________ Project Location - County:

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

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

1. Attach certified document of exemption finding.

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

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

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
Attachment 6
507
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 2, 2025 Agenda Item: 10C.

Submitted By: City Clerk
Prepared By: Laura Campagnolo, City Clerk
Subject:
..titl e
CONSIDERATION OF REAFFIRMING RESOLUTION NO. 21-31 ..body Fiscal Impact:

None.

Summary:

At the City Council meeting of August 19, 2025, the City Council agendized consideration of reaffirming Resolution No. 21-31 related to storage of spent fuel at San Onofre Nuclear Generating Station (SONGS). Resolution No. 21-31 is provided as Attachment 1 to this administrative report for consideration.

Council Options:
 Reaffirm Resolution No. 21-31.
 Take no action.
 Direct Staff to return with additional information.

Environmental Review/Analysis:

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

Recommended Actions:

Staff Recommendation ..recommendation
Determine whether to reaffirm Resolution No. 21-31 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, IN SUPPORT OF THE ACTION FOR SPENT FUEL SOLUTIONS NOW COALITION.
..end
Attachment:

1. Resolution No. 21-31
Notification:

None.
508
Attachment 1
509
510
511
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 2, 2025 Agenda Item: 10D.

Submitted By: Public Works
Prepared By: David Rebensdorf, Public Works Director
Subject:
..titl e
CONSIDERATION OF A RESOLUTION APPROVING COOPERATIVE AGREEMENT NO. C-5- 4115 WITH ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) AND SOUTHERN

CALIFORNIA REGIONAL RAIL AUTHORITY (SCRRA) FOR PEDESTRIAN AUDIBLE

WARNING SYSTEM (PAWS) FOR COST SHARING AND CONSTRUCTION AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE
..body AGREEMENT
Fiscal Impact:

The proposed Agreement with OCTA reduces the burden on the General Fund for this project.

The total amount of funding allocated from the General Fund for this project was budgeted in Account No. 001-617-45300-000-25505, in the amount of $800,000. Per the proposed Agreement, the City is funding the design for approximately $250,000, as well as $156,000, which is 12% of the total construction cost (estimated at $1,300,000).

Summary:

The City’s existing PAWS is comprised of electrical control equipment and components, with a computer motherboard to coordinate the operation of the system. The original manufacturer of the existing PAWS system is no longer in business, but prior to its closure, City staff purchased replacement materials which have been used to address system failures and keep the system operational. The City Council awarded a contract to Pacific Railway Enterprises on October 15, 2024 for the design of a new system, which is nearly complete. Through coordination and discussion with OCTA, an agreement was reached for OCTA to fund 88% of the construction costs for the new system, with SCRRA hiring the contractor and managing the project through construction. The proposed Agreement significantly reduces the City’s costs and staff time to manage a challenging project within OCTA’s railroad right-of-way. 512
Meeting Date: September 2, 2025 Agenda Item: 10D.

CITY OF SAN CLEMENTE 2
Background:

On June 7, 2024, the City successfully
renewed its waiver with the Federal
Railroad Administration (FRA) for another
five years (ending June 7, 2029) to limit
train horns in exchange for a wayside horn
at each of seven crossings along the
beach trail (shown on the Location Map).

The crossing notification is operated
through a modified PAWS system.

However, the current electrical equipment
used to operate the PAWS system is no
longer in production as the manufacturer is
no longer in business. This has led to an
ever-increasing shortage of replacement
parts. Should the PAWS system cease to
function, all railway traffic through the City
will be utilizing their horns, rather than the
PAWS system, to provide a warning to
pedestrians as trains approach the
crossings.

There currently exists only one FRA preapproved sole source system manufactured by Rio Grande Pacific
Technology, Inc., which is under design by
Pacific Railway Enterprises to replace the
existing PAWS system. This system is
deployed across various municipalities and is the only available pre-fabricated solution. By going with a pre-approved system, the City avoided a lengthy custom design (approximately 2 years or more) and approval process required by both FRA and SCRRA to design a custom system. This pre-approved system will be functional and supported by a manufacturer which has been in business for many years, allowing the City to pre-order and stock its inventory with much needed spare parts in the event of emergencies and failures.

Due to the estimated $1.6 million total cost to replace the system with funding from the General Fund, staff explored opportunities for grant funding and a partnership with OCTA. Through discussion with OCTA, an agreement was reached with OCTA funding 88% of the construction costs. SCRRA will procure a contractor with experience working in the railroad right-of-way. In addition, SCRRA will manage the construction of the project. Project design completion is anticipated within the next few months and construction in the fall to early winter, depending upon contractor and material procurement.

Council Options:
 Adopt Resolution No. 25-131, approving an Agreement between the City of San Clemente and OCTA for construction of PAWS at seven railroad crossings and finding the project categorically exempt from the California Environmental Quality Act. 513
Meeting Date: September 2, 2025 Agenda Item: 10D.

CITY OF SAN CLEMENTE 3
 Modify and adopt Resolution No. 25-131.
 Provide alternative direction.
 Do not award the contract and discontinue use of the PAWS system.

Environmental Review/Analysis:

This project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction, 14 CCR 15302), Section 15302 of the state CEQA Guidelines because it consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 25-131, which will approve and authorize the City Manager to execute Cooperative Agreement No. C-5-4115 between OCTA and SCRRA and City of San Clemente for Pedestrian Audible Warning System Rehabilitation. ..end
Attachment:

1. Resolution No. 25-131

2. Proposed Agreement
Notification:

None.
514
Attachment 1
RESOLUTION NO. 25-131

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, APPROVING
COOPERATIVE AGREEMENT NO. C-5-4115 WITH

ORANGE COUNTY TRANSPORTATION AUTHORITY

AND SOUTHERN CALIFORNIA REGIONAL RAIL

AUTHORITY FOR PEDESTRIAN AUDIBLE WARNING

SYSTEM COST SHARING AND CONSTRUCTION AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT
WHEREAS, on June 7, 2024, the City successfully renewed its waiver with the Federal Railroad Administration for City’s Pedestrian Audible Warning System (PAWS) for an additional five years ending on June 7, 2029; and WHEREAS, this system allows for the City to enjoy the use of custom horns in place of wayside horns and train horns of passerby trains through the City; and WHEREAS, the City’s current equipment deployed for PAWS is no longer supported by its original manufacturer and the City’s inventory of spare parts is being depleted without the ability to acquire additional replacements; and WHEREAS, on October 15, 2024, the City Council awarded a Professional Services Agreement with Pacific Railway Enterprises, Inc. in the amount of $248,480.89 for the design, permitting, bid support and construction support services of the rehabilitation of the City’s PAWS system; and
WHEREAS, the City coordinated with OCTA to develop an agreement with OCTA for OCTA to share 88% of the construction costs and with SCRRA to bid and manage the construction; and
WHEREAS, this project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction, 14 CCR 15302), Section 15302 of the state CEQA Guidelines because it consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced.

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

SECTION 1. That the above recitals are true and correct and incorporated herein fully by reference.

SECTION 2. That the Cooperative Agreement No. C-5-4115 with OCTA and SCRRA for Pedestrian Audible Warning System Rehabilitation is hereby approved. 515
Resolution No. 25-131 Page 2
SECTION 3. That the City Manager is hereby authorized and directed to execute said Cooperative Agreement in a form substantially similar to that presented to the City Council on September 2, 2025.

SECTION 4. That the City Manager is authorized and directed to take such actions and execute such other and further documents as may be necessary to accomplish the purposes of this resolution and implement the project.

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

PASSED AND ADOPTED this ____ day of , 2025
ATTEST:

CITY CLERK of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 516
Resolution No. 25-131 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-131 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
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910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 2, 2025 Agenda Item: (1)
533
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers

CITY OF SAN CLEMENTE
Monday, August 18, 2025
City Council
Special Meeting Minutes
3:00 p.m. - Joint City Council/Commission
and Committee Meeting AB 1234 Ethics
Training
Mayor Knoblock
Mayor Pro Tem Enmeier
Councilmember Cabral
Councilmember Loeffler
Councilmember Wu
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 Joint Special Meeting of the San Clemente City Council and City Commissions and Committees was called to order by City Clerk Campagnolo on August 18, 2025 at 3:02 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

CITY COUNCILMEMBERS PRESENT

CABRAL, ENMEIER, LOEFFLER, MAYOR KNOBLOCK

BEACHES, PARKS AND RECREATION COMMISSION MEMBERS PRESENT

GARCIA, HASKINS, KAHN, VAN NORT

COMMUNITY SAFETY AND WELFARE COMMITTEE MEMBERS PRESENT

GALLION-SHOLLER, ROYER, WALSH

GOLF COURSE COMMITTEE MEMBERS PRESENT

DIVEL, ELA, HAMILTON

INVESTMENT ADVISORY COMMITTEE MEMBERS PRESENT
AHEARN

PLANNING COMMISSION MEMBERS PRESENT
CAMP, FREEMAN, GRIFFIN, McCAUGHAN, McKHANN

STAFF MEMBERS PRESENT

ATAMIAN, BROWER, CAMPAGNOLO, HALL
AB 1234 Ethics Training

1. AB 1234 BIANNUAL ETHICS TRAINING FOR ELECTED OFFICIALS Davin Widgerow, Burke Williams Sorensen, narrated a PowerPoint presentation entitled "AB 1234 Ethics Training". A hard copy of the presentation is on file with the City Clerk.

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San Clemente City CouncilSeptember 2, 2025

San Clemente City Council
September 2, 2025