RESOLUTION NO. 25-180
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE, FINALIZE AND EXECUTE A LEASE AGREEMENT WITH THE DEPARTMENT OF HOMELAND SECURITY CUSTOMS AND BORDER PROTECTION AGENCY FOR THE INSTALLATION AND OPERATION OF A MARITIME SURVEILLANCE SYSTEM ON CITY-OWNED LAND AT THE RESERVOIR 5 COMMUNICATIONS SITE (APNS 690-502-16 AND 690-502-12), AND FINDING THE ACTIONS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, at the February 4, 2025 meeting of the City Council, staff was given direction to communicate with the Department of Homeland Security Customs and Border Protection Agency (CBP) to gauge interest and feasibility in placing ocean-facing surveillance cameras within the City of San Clemente (City) to better address public health and safety concerns arising out of illegal vessel landing activities along the local shoreline; and WHEREAS, over the following months, City staff participated in multiple meetings with CBP staff, including site visits to the Maritime Coordination Center (MCC) in Long Beach, CA, as well as exploring various locations within the City; and WHEREAS, CBP representatives have presented the opportunity to implement a maritime surveillance system located at a high vantage point in San Clemente to observe vessel activity off the coast; and WHEREAS, CBP has indicated that constructing and installing the proposed maritime surveillance system will require a lease agreement to ensure long-term access and use of the site; and WHEREAS, the system(s) being proposed would be owned, operated, maintained and controlled solely by the federal government; and WHEREAS, there is a clear and unquantifiable public benefit to the residents of San Clemente for the proposed maritime surveillance system; and WHEREAS, the proposed lease agreement is for the public health and safety, which is in the best interest of City and the public and constitutes an agency use of the property.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
SECTION 1. The above recitals are true and correct and incorporated herein fully by reference as findings.
SECTION 2. Based on the record as whole, the action is hereby determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 3, Section 15303 of the state CEQA Guidelines (14 CCR 15303) because it consists of the construction and location of a new, small facility or structure on an existing communications site with no direct or foreseeable indirect significant impact on the environment.
SECTION 3. The City Manager, or the City Manager's designee, is hereby authorized and directed to negotiate, finalize and execute a lease agreement with the Department of Homeland Security Customs and Border Protection Agency (CBP) for the purpose of installing and operating a maritime surveillance system at the Reservoir 5 Communications Site (APNs 690-502-16 and 690-502-12) based on the following key terms:
a. 20-year term, with (2) five-year extensions
b. $10 per month rent
c. City to pay electrical costs
d. CBP to pay for equipment and installation costs
e. CBP and City staff to agree on facility dimensions, design and placement SECTION 4. The City Manager, or the City Manager's designee, is hereby authorized and directed to carry out any and all additional other and further actions as are necessary and proper to accomplish the purpose and intent of this resolution, including, but not limited to executing such documents as are necessary and proper to effectuate the installation of a maritime surveillance system at the Reservoir 5 Communications Site.
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 ____________________, _______.
ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-180 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
Resolution No. 25-180 Page 2
Attachment 1