Who we are
Who is providing this notice? LTG (identified below), which offers title insurance and settlement services and property and casualty insurance.
What we do
How does LTG protect my personal
information?
To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secure files and buildings.
How does LTG collect my personal
information?
We collect your personal information, for example, when you apply for insurance or apply for financing
give us your contact information or provide your mortgage information show your government-issued ID
We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.
Why can’t I limit all sharing? Federal law gives you the right to limit only sharing for affiliates’ everyday business purposes –
information about your creditworthiness
affiliates from using your information to market to you sharing for nonaffiliates to market to you
State laws and individual companies may give you additional rights to limit sharing.
Definitions
Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies.
Our affiliates include companies with a Lennar name; financial companies such as Lennar Mortgage, LLC, CalAtlantic Mortgage, Inc., and Northwest Mortgage Alliance, North American Title Insurance Company, and Lennar Insurance Agency, LLC; and nonfinancial companies, such as Lennar Corporation, Lennar Multifamily Companies, Lennar Commercial, Lennar Homes USA, Lennar Family of Builders, CalAtlantic Homes, Lennar Sales Corp., SPH Title, Inc., Sunstreet Energy Group, and Five Point Communities.
Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies.
Nonaffiliates we share with can include collection agencies, IT and telecommunication service providers, appraisers, companies that perform marketing services on our behalf, and consumer reporting agencies.
Joint marketing A formal agreement between nonaffiliated financial companies that together market financial products or services to you.
LTG doesn’t jointly market.
LTG consists of the following entities:
Lennar Title, Inc. Lennar Title, LLC
Lennar Title, Inc. d/b/a Lennar Closing Services, Inc. CalAtlantic National Title Solutions, LLC CalAtlantic Title, LLC CalAtlantic Title, Inc.
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CLTA Preliminary Report Form - Exhibit A (Rev. 05-06-16) CLTA STANDARD COVERAGE POLICY - 1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
36. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
37. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
38. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate
or interest insured by this policy.
39. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated.
40. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
41. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; and
f. environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
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a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws.
8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Your Deductible Amount Our Maximum Dollar
Limit of Liability
Covered Risk 16: 1% of Policy Amount Shown in Schedule A or $2,500 $10,000 (whichever is less)
Covered Risk 18: 1% of Policy Amount Shown in Schedule A or $5,000 $25,000 (whichever is less)
Covered Risk 19: 1% of Policy Amount Shown in Schedule A or $5,000 $25,000 (whichever is less)
Covered Risk 21: 1% of Policy Amount Shown in Schedule A or $2,500 $5,000 (whichever is less)
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14);
or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
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EXCEPTIONS FROM COVERAGE
[Except as provided in Schedule B - Part II,[ t[or T]his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of:
[PART I
[The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the Public Records. ]
PART II
In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:] 2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
1. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
2. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
3. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
4. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of:
[The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the Public Records.
7. [Variable exceptions such as taxes, easements, CC&R's, etc. shown here.] Item: 12
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ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY - ASSESSMENTS PRIORITY (04-02-15)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy.
This Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
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_ Michael J. Francis, MAI
41 Demographic Information
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_ Michael J. Francis, MAI
42 Qualifications of the Appraiser
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QUALIFICATIONS
OF
MICHAEL J. FRANCIS, MAI
Real Estate Appraiser and Consultant
PROFESSIONAL EXPERIENCE
Michael J. Francis, MAI, has been actively engaged in the real estate profession since 1984, providing full service real estate appraisal and consulting services on undeveloped acreage and a wide variety of commercial, industrial and residential properties located in southern California.
Before operating independently, Michael J. Francis, MAI, was employed as an Associate Appraiser with Joseph J. B lake and Associates, in San Francisco, California. Prior to that Michael J. Francis was a salesperson in Commercial Real Estate with Grubb & Ellis.
PROFESSIONAL ASSOCIATIONS
Member of the Appraisal Institute, with MAI designation
LICENSES
State of California - "Certified General Real Estate Appraiser" California State Certification No. AG002243
Expiration Date: January 22, 2024
State of California - “Real Estate Broker License”
California Department of Real Estate
Expiration Date: July 20, 2024
EDUCATIONAL ACTIVITIES
B.A., Business, Economics and Law, University of California, Berkeley, California 1980.
Special courses in Real Estate:
Introduction to Real Property Appraisal
Legal Aspects of Real Estate
Introduction to Real Estate and Urban Land Economics
Real Estate Finance
Monetary Theory and Banking Systems
Graduate Course Work, Real Estate Masters Program, Golden State University, San Francisco, California.
Courses sponsored by American Institute of Real Estate Appraisers:
Course 1A-1 Real Estate Appraisal Principals
Course 1A-2 Basic Valuation Procedures
Course 1B-A Capitalization Theory and Techniques, Part A Course 1B-b Capitalization Theory and Techniques, Part B Course 2-1 Case Studies in Real Estate Valuation
Course 2-2 Valuation Analysis and Report Writing
Course S-PP Standards of Professional Practice
Course 2-2 Valuation Analysis and Report Writing
P. O. Box 11808, Newport Beach, CA 92658
Tel: (949) 306-3388 * Fax: (949) 528-1300 * Email: [email protected] Item: 12
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Michael J. Francis, MAI
EDUCATIONAL ACTIVITIES (continued)
Course S-PP Standards of Professional Practice
Seminar Non-Residential Demonstration Appraisal Report Writing Seminar Appraisal Regulations of the Federal Banking Agencies Seminar Non-Residential Demonstration Appraisal Report Writing Seminar Appraisal Regulations of the Federal Banking Agencies Seminar Standards of Appraisal Practice
Seminar Residential Subdivisions
Seminar Litigation Seminar
Course 746 Uniform Appraisal Standards for Federal Land Acquisitions Course 797 Valuation of Conservation Easements
Course 401 Appraisal of Partial Acquisitions (sponsored by the International Right of Way Association)
Numerous other courses, seminars and clinics on real estate appraisal and other related topics on a continuing basis.
SCOPE OF EXPERIENCE
I have performed appraisal and consulting work for a wide variety of client s including lenders, pension funds, corporations, public and governmental agencies, law firms, and private parties.
Public agency appraisal services include Yellow Book appraisals, full and partial acquisition appraisals, appraisals for eminent domain, appraisal reviews, conservation easement appraisals and so forth. I have also served as a legal expert witness.
Vacant Land
Single-family and multi-family residential sites, commercial and industrial sites, a wide variety of undeveloped acreage (large and small, ocean front/coastal and inland), contaminated land, natural habitat land, flood plain land, land locked parcels and planned communities.
Residential
Residential subdivisions, single -family residences, apartments, condomini ums, section 8 housing projects and planned unit developments.
Commercial
Shopping centers, retail stores, general office buildings, medical office buildings and office and retail condominiums.
Industrial
Single tenant and multi -tenant warehouses and manufacturing buildings, truck terminals, business parks, R & D buildings, automotive repair facilities and garages.
Special Purpose
Agricultural land, c onservation easements, mixed -use developments, airports, wetland properties, landfill sites, forest land, master planned communities, s killed nursing care facilities (convalescent hospitals), senior residential care facilities (assisted living/board and care), senior apartment projects, hotels, mobile and manufactured home parks, RV parks, golf courses, timeshare projects, boat marinas, restaurants, theaters, bowling alleys, churches, schools, gas stations, car washes, railroad properties and various market studies.
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 2/7/2023
DEPARTMENT: City Manager
SUBJECT:
2023 LEGISLATIVE PLATFORM
RECOMMENDED ACTION(S):
That the City Council adopt the proposed 2023 Legislative Platform.
EXECUTIVE SUMMARY:
The City Council considered the proposed 2023 Legislative Platform at their January 17, 2023 meeting. During the meeting, the City Council voted to table the item for reconsideration at the subsequent City Council meeting (Attachment 1). Attached to this report is the original staff report and proposed 2023 Legislative Platform that were presented on January 17, 2023 (Attachments 2 and 3). Also attached for review is CalCities’s 2023 legislative priorities (Attachment 4). All legislation proposed at the State-level is subject to the 2023 Legislative Calendar (Attachment 5).
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
1. Minute Excerpt January 17, 2023 City Council Meeting
2. Staff Report for January 17, 2023 City Council Meeting
3. Proposed 2023 Legislative Platform
4. CalCities 2023 Legislative Priorities
5. State of California 2023 Legislative Calendar
Initiated By: Sean McGovern, Assistant to the City Manager Submitted By: Debra Rose, City Manager
Approved By: Debra Rose, City Manager
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ATTACHMENT 1
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MINUTE EXCERPT
LAKE FOREST REGULAR CITY COUNCIL MEETING
JANUARY 17, 2023, ITEM NO. 11
11. LEGISLATIVE PLATFORM FOR 2023
City Manager Rose introduced this item and invited Assistant to the City Manager Sean McGovern to give a presentation on the City’s legislative platform. The presentation was received by the Mayor and Council.
Public comment was received by Randy Johnson and Andrew O’Connor.
Randy Johnson criticized the City Council for not discussing SB 1338 Community Assistance Recovery and Empowerment Act (CARE) court. He criticized Council Member Pequeño for opposing CARE court during an interview with the California Insider.
Andrew O’Connor criticized the City Council for incurring certain travel expenses when attending legislative conferences. He further criticized the Council Members for not sharing with the public what they learned during the conferences.
Council Member Yu read a statement into the record and requested that the City oppose legislation promoting affirmative action. Mayor Cirbo deferred to the City Attorney. The City Attorney confirmed that such language may be added at the City Council’s discretion and staff would then monitor any legislation related to affirmative action and report back to the City Council.
MOTION: Council Member Tettemer made a motion to continue this item to a future meeting. The motion was seconded by Council Member Pequeño.
Council Member Voigts suggested that the City Council support the development of desalination and add to the City’s legislative platform. No response was heard from the City Council.
The motion passed by a vote of 5/0.
PREPARED BY THE OFFICE OF THE CITY CLERK LAKE FOREST CITY COUNCIL MINUTE EXCERPT JANUARY 17, 2023
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ATTACHMENT 2
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 1/17/2023
DEPARTMENT: City Manager
SUBJECT:
LEGISLATIVE PLATFORM FOR 2023
RECOMMENDED ACTION(S):
That the City Council adopt the proposed 2023 Legislative Platform.
EXECUTIVE SUMMARY:
Every year, the City adopts a Legislative Platform to provide broad policy direction to staff. This information is used by the City Manager’s Office to administer the City’s legislative advocacy program, which includes evaluating legislative proposals and providing recommendations for the City Council. The Legislative Platform also provides staff with direction to take more immediate action in the event it is necessary to respond to a legislative proposal prior to receiving City Council direction. This is more common toward the end of the legislative session with “gut and amend” bills or trailer bills introduced concurrently with the State’s budget adoption process. Staff is recommending the City Council adopt the proposed 2023 Legislative Platform (Attachment 1) substantially in the form attached.
BACKGROUND:
The City has adopted a legislative platform as part of its legislative advocacy program. In adopting the legislative platform, the City Council authorizes a menu of policy directives that advance the City’s interests. Historically, policy directives have included the opposition of new legislation that restricts the City’s home rule authority, the imposition of unfunded mandates, and the diminishment of the City’s financial autonomy.
Upon adoption of the legislative platform, staff track bills proposed in the California legislature that are inconsistent with the City’s policy preferences.
Then, staff author position letters (in support or opposition) that are signed by the mayor and delivered to State legislators associated with the proposed bill(s).
Often times, position letters from numerous California cities are aggregated by the League of California Cities (“CalCities”) to strengthen the impact of the Attachment 2
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message. The legislative platform also directs staff to craft position letters pursuant to the CalCities action agenda (Attachment 2).
During the 2022 Legislative Session, staff authored numerous position letters related to housing and land use, park regulations, accessory dwelling units (“ADU’s”), organic waste management, workers’ compensation regulations, and multi-modal transportation.
DISCUSSION:
If approved, staff will craft position letters consistent with the 2023 Legislative Platform in accordance with the State’s legislative schedule for 2023 (Attachment 3). The attached draft 2023 Legislative Platform includes all of the policies adopted in the 2022 Legislative Platform, with one minor change. This change is described below.
Current Policy Guideline #21:
The City supports maximum flexibility with regard to expending grant funds that address economic recovery associated with COVID-19.
Proposed Policy Guideline #21:
The City supports maximum flexibility with regard to expending grant funds that address economic recovery associated with public health declarations, natural disasters, and other emergencies.
Staff propose this change due to the mitigation of COVID-19 since the adoption of the 2022 Legislative Platform. However, while COVID-19 is no longer an acute threat, the City would still benefit from streamlined intergovernmental financial support for future public health declarations, natural disasters, and other emergencies. Intergovernmental funding is typically a critical component of how municipalities respond to crises. And, like the COVID-19 pandemic response, the ability for municipalities to respond timely is important. As a result, staff recommends the City Council continue to support streamlined intergovernmental funding in the event of emergencies so the City’s response can be timely and effective.
Subject to further direction from the City Council, staff would implement City advocacy efforts over the next year consistent with policy objectives identified in the draft 2023 Legislative Platform. During the year, staff will bring legislative proposals before the City Council and recommend specific policy positions as appropriate.
Attachment 2
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The City Manager’s Office will continue to exercise day-to-day oversight of legislative matters. In addition to coordinating formal action through the City Council, the Assistant to the City Manager will administer the City’s legislative advocacy program by performing the following functions:
▪ Continue to work with the City’s Management Team and other staff to identify matters of legislative importance and develop positions on federal and state legislative proposals and general matters of legislative interest. ▪ Communicate matters of legislative importance to the City Council through periodic updates, and identify and coordinate positions for formal action by the City Council
▪ Review positions and analysis conducted by the League of California Cities and other government/professional associations when formulating positions.
▪ Monitor and track key bills through the legislative process. ▪ Communicate the City’s positions to federal, state, and county legislators. ▪ Participate as needed in the drafting and amending of legislative proposals that significantly impact the City.
▪ Work with CalCities and other cities and local government/professional associations on legislative matters of mutual concern.
▪ Participate and attend legislative briefings and meetings to actively engage and stay apprised of legislative trends and upcoming legislation.
Approval of the draft 2023 Legislative Platform would continue the practice of responding to legislative proposals as follows: (1) once a determination has been made that a legislative proposal may impact the City, a letter outlining the City’s position (support, neutral, or oppose) will be drafted for the Mayor’s signature; (2) the draft position letter will be agendized for City Council approval at a City Council meeting; (3) if the letter is approved, staff will finalize the position letter and forward it to the bill’s author, the League of California Cities, and other stakeholders as deemed appropriate; and (4) a copy of the final letter will be distributed to the City Council.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
Attachment 2
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ATTACHMENTS:
1. Draft 2023 Legislative Platform
2. CalCities Action Agenda
3. 2023 Legislative Calendar
Initiated By: Sean McGovern, Assistant to the City Manager Submitted By: Debra Rose, City Manager
Approved By: Debra Rose, City Manager
Attachment 2
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ATTACHMENT 3
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CITY OF LAKE FOREST
2023 LEGISLATIVE PLATFORM
(Draft)
The Legislative Platform (“Platform”) defines the City’s Policy guidelines and provides the foundation for advocacy efforts at the federal, state, and local levels.
Staff uses this Platform to identify relevant topic areas and subject matter, and makes recommendations to the City Council on specific legislation consistent with the policy guidelines. Additionally, in the event it is necessary for the City to respond to a legislative proposal in a timeframe that does not allow the City Council to take formal action, staff would express positions on bills in accordance with these guidelines, and then seek City Council direction at the appropriate time.
Po
licy Guidelines:
1. The City supports legislation that leads to greater financial independence from f
ederal, state and/or county government, and protects local resources from seizure by federal, state and/or county agencies.
2. The City supports legislation maintaining maximum local flexibility in all areas o
f its responsibility and operations and opposes legislation that imposes intrusive, unnecessary or unfunded state-imposed mandates or preempts local a
uthority.
3. The City supports legislation that advocates fair and proportionate r
epresentation on countywide and regional boards.
4. The City supports modification to the California Environmental Quality Act (“CEQA”)
to eliminate duplicative and unnecessary provisions of the existing law.
5. The City supports efforts to reestablish the authority and financing capability pre
viously afforded to local governments by redevelopment through legislation designed to support businesses through economic development and the City supports efforts to facilitate economic development efforts that enhanc e
op
portunities for local businesses.
6. The City supports legislative efforts that would amend existing law to ensure th
at prevailing wage rates do not impede its ability to pursue small-dollar projects and lower operating costs.
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7. The City supports efforts to amend the current occupancy calculation in the Uniform Housing Code (“UHC”) to achieve a more reasonable standard, thereby, improving the health, safety, and residential character of our community.
8. The City supports efforts, at both the federal and state level, to provide local agencies with regulatory tools related to short-term rentals and other uses in residential areas that have the ability to affect the quality of life.
9. The City supports bills that would lower taxation rates for businesses and residents.
10. The City supports religious freedom and legislation protecting religious freedom at both the state and federal level.
11. The City opposes legislation or policies that limit the type and or number of clean, renewable, sustainable energy sources available to consumers.
12. The City opposes legislation that makes the City more dependent on federal, state, and/or county government or agencies for policy direction.
13. The City opposes any legislation that is inconsistent with the doctrine of home rule, interferes with local exercise of police powers over local land use, or requires a federal, state, and/or county entity to develop model planning practices and policies.
14. The City opposes legislation or ballot initiatives that would alter the legislative intent of Proposition 13, including a split real-property tax roll that would affect commercial property and any amendment that would affect residential property.
15. The City opposes legislation to create new financial burdens or erode public safety through realignment implementation.
16. The City opposes legislation to limit the City’s ability to contract for municipal services.
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17. The City opposes legislation that seeks to impede the construction Portola Parkway and the construction of Foothill-South, the proposed extension of the 241 Toll Road south to the 1-5 near San Clemente.
18. The City Council opposes efforts by the State Legislature to assess taxes on public goods and services such as water and electricity.
19. The City opposes legislation that would lower the vote threshold as a method to impose new taxes or create new financing opportunities.
20. The City supports legislative efforts that reduce or delay the financial and compliance impacts of State-mandated organics recycling.
21. The City supports maximum flexibility with regard to expending grant funds that address economic recovery associated with COVID-19 public health declarations, natural disasters, and other emergencies.
22. The City will take into consideration the strategic goals adopted by the League of California Cities.
23. Staff is authorized to continue to advocate a position for a bill which has been amended into a new bill number as long as the language and intent remain substantially unchanged.
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ATTACHMENT 4
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League of California Cities 2023 Advocacy Priorities
1. Protect and expand investments to prevent and reduce homelessness. Secure sustainable state funding that bolsters cities’ efforts to support individuals experiencing, or at risk of, homelessness. While protecting existing resources, strengthen state and local partnerships to connect individuals with the care they need through coordinated care systems that provide access to wraparound services, including mental health and substance use treatment.
2. Increase the supply and affordability of housing while retaining local decision- making. Secure long-term, sustainable funding tools for cities to jumpstart the construction of housing at all income levels and ensure cities retain flexibility to achieve local and state housing goals.
3. Improve public safety in California communities. Pursue strategies and resources to address crime and its underlying causes. Partner with all levels of government and diverse organizations to improve community safety through prevention and early intervention programming, workforce recruitment and retention, and improved re- entry services.
4. Safeguard essential local revenues and support fiscal sustainability. Protect, increase, and modernize revenue streams for local priorities. Oppose efforts that would reduce or eliminate funding for cities, including unfunded mandates.
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ATTACHMENT 5
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2023 TENTATIVE LEGISLATIVE CALENDAR
COMPILED BY THE OFFICE OF THE ASSEMBLY CHIEF CLERK AND THE OFFICE OF THE SECRETARY OF THE SENATE Revised 11-4-22
OVER
J
ANUARY
S M T W TH F S
1 2 3 4 5 6 7
Wk. 1 8 9 10 11 12 13 14
Wk. 2 15 16 17 18 19 20 21
Wk. 3 22 23 24 25 26 27 28
Wk. 4 29 30 31
DEADLINES
J
an. 1 Statutes take effect (Art. IV, Sec. 8(c)).
Jan. 4 Legislature reconvenes (J.R. 51(a)(1)).
Jan. 10 Budget must be submitted by Governor (Art. IV, Sec. 12(a)).
Jan. 16 Martin Luther King, Jr. Day.
Jan. 20 Last day to submit bill requests to the Office of Legislative Counsel.
FEBRUARY
S M T W TH F S
Wk. 4 1 2 3 4
Wk. 1 5 6 7 8 9 10 11
Wk. 2 12 13 14 15 16 17 18
Wk. 3 19 20 21 22 23 24 25
Wk. 4 26 27 28
F
eb. 17 Last day for bills to be introduced (J.R. 61(a)(1), J.R. 54(a)).
Feb. 20 Presidents' Day.
MARCH
S M T W TH F S
Wk. 4 1 2 3 4
Wk. 1 5 6 7 8 9 10 11
Wk. 2 12 13 14 15 16 17 18
Wk. 3 19 20 21 22 23 24 25
Wk. 4 26 27 28 29 30 31
M
ar. 30 Spring Recess begins upon adjournment (J.R. 51(a)(2)).
Mar. 31 Cesar Chavez Day observed.
APRIL
S M T W TH F S
Wk. 4 1
Spring
Recess 2 3 4 5 6 7 8
Wk. 1 9 10 11 12 13 14 15
Wk. 2 16 17 18 19 20 21 22
Wk. 3 23 24 25 26 27 28 29
Wk. 4 30
A
pr. 10 Legislature reconvenes from Spring Recess (J.R. 51(a)(2)).
Apr. 28 Last day for policy committees to hear and report to fiscal committees fiscal bills introduced in their house (J.R. 61(a)(2)).
MAY
S M T W TH F S
Wk. 4 1 2 3 4 5 6
Wk. 1 7 8 9 10 11 12 13
Wk. 2 14 15 16 17 18 19 20
Wk. 3 21 22 23 24 25 26 27
No
Hrgs. 28 29 30 31
May 5 Last day for policy committees to hear and report to the Floor nonfiscal bills introduced in their house (J.R. 61(a)(3)).
May 12 Last day for policy committees to meet prior to June 5 (J.R. 61(a)(4)).
May 19 Last day for fiscal committees to hear and report to the Floor bills introduced in their house (J.R. 61(a)(5)).
Last day for fiscal committees to meet prior to June 5 (J.R. 61(a)(6)).
May 29 Memorial Day.
May 30-June 2 Floor session only. No committee may meet for any purpose except Rules Committee, bills referred pursuant to A.R. 77.2, and Conference Committees (J.R. 61(a)(7)).
*H
oliday schedule subject to final approval by Rules Committee.
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2023 TENTATIVE LEGISLATIVE CALENDAR
COMPILED BY THE OFFICE OF THE ASSEMBLY CHIEF CLERK AND THE OFFICE OF THE SECRETARY OF THE SENATE Revised 11-4-22
JUNE
S M T W TH F S
No
Hrgs. 1 2 3
Wk. 4 4 5 6 7 8 9 10
Wk. 1 11 12 13 14 15 16 17
Wk. 2 18 19 20 21 22 23 24
Wk. 3 25 26 27 28 29 30
J
une 2 Last day for each house to pass bills introduced in that house (J.R. 61(a)(8)).
June 5 Committee meetings may resume (J.R. 61(a)(9)).
June 15 Budget Bill must be passed by midnight (Art. IV, Sec. 12(c)(3)).
JULY
S M T W TH F S
Wk. 3 1
Wk. 4 2 3 4 5 6 7 8
Wk. 1 9 10 11 12 13 14 15
Summer
Recess 16 17 18 19 20 21 22
Summer
Recess 23 24 25 26 27 28 29
Summer
Recess 30 31
Jul
y 4 Independence Day.
July 14 Last day for policy committees to meet and report bills (J.R. 61(a)(10)).
Summer Recess begins upon adjournment, provided Budget Bill has been passed (J.R. 51(a)(3)).
AUGUST
S M T W TH F S
Summer
Recess 1 2 3 4 5
Summer
Recess 6 7 8 9 10 11 12
Wk. 2 13 14 15 16 17 18 19
Wk. 3 20 21 22 23 24 25 26
Wk. 4 27 28 29 30 31
A
ug. 14 Legislature reconvenes from Summer Recess (J.R. 51(a)(3)).
SEPTEMBER
S M T W TH F S
Wk. 4 1 2
No
Hrgs. 3 4 5 6 7 8 9
No
Hrgs. 10 11 12 13 14 15 16
Interim
Recess 17 18 19 20 21 22 23
Interim
Recess 24 25 26 27 28 29 30
Se
pt. 1 Last day for fiscal committees to meet and report bills (J.R. 61(a)(11)).
Sept. 4 Labor Day.
Sept. 5-14 Floor session only. No committees may meet for any purpose, except Rules Committee, bills referred pursuant to Assembly Rule 77.2, and Conference Committees (J.R. 61(a)(12)).
Sept. 8 Last day to amend on the Floor (J.R. 61(a)(13)).
Sept. 14 Last day for each house to pass bills. (J.R. 61(a)(14)).
Interim Recess begins upon adjournment (J.R. 51(a)(4)).
I
MPORTANT DATES OCCURRING DURING INTERIM RECESS
2023
Oct. 14 Last day for Governor to sign or veto bills passed by the Legislature on or before Sept. 14 and in the Governor's possession on or after Sept. 14 (Art. IV, Sec. 10(b)(1)). 2024
Jan. 1 Statutes take effect (Art. IV, Sec. 8(c)).
J
an. 3 Legislature reconvenes (J.R. 51(a)(4)).
*Holiday schedule subject to final approval by Rules Committee.
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