Agenda packet, first session — San Clemente City Council, March 15, 2022 (part 2 of 3)

Staff shared the draft guidelines with the City's consulting Landscape Architect, Patrick Murphy with SMP Environmental Design. Mr. Murphy prepared sample blueprints for both the angle-in and parallel parking context which are included at the end of the Parklet Design Guidelines packet. Staff will relay any recommended modifications to SMP and then insert updated blueprints into the Parklet Guidelines document as an exhibit. The intent is to streamline approvals by providing "pre-approved" blue prints that meet the design goals of the parklet program.

ZONING AMENDMENT
While the City successfully implemented a temporary program under the local emergency order, there are several issues to be addressed in adopting a longer term version within the City's municipal code. Below are the existing regulations followed by preliminary recommendations of revisions to allow for a broader, more widely adopted program .

Current Development Standards within 17.28.205
The SCMC currently addresses outdoor dining in Section 17.28.205.4 This existing code section provides standards for dining on both private and public property. There are a few critical elements of this code that have prevented widespread use in the past:
• Outdoor areas are not permitted to encroach into required parking areas. • Outdoor areas may be limited to restaurant uses only. Bakeries, bars, and tasting rooms have taken advantage of the temporary program, but may not be eligible under the City's current code.
• Seat limitations. Outdoor dining areas may need to provide additional parking pursuant to Table 17 .28.205 - which is not feasible for most businesses. • Tables and chairs on public property have to be removed nightly.

Temporary Park/et Dining Regulations inserted in 17.28.206 To facilitate a streamlined process during the AB-61/SB-314 enabling timeframe (January 1, 2022 through December 31, 2023), Staff recommends that the Planning Commission establish temporary regulations and design guidelines within 17.28.206 which would sunset on the earlier of December 31, 2023, or one year after the State of California declares the end to its present state of emergency due to COVID-19. A draft version of

17.28.206 is included as Exhibit A to Attachment 1. Some of those proposed regulations include:
4 SCMC 17.28.?05
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Temporary Outdoor Dining and Parklets Page 4
• Allowing dining areas to encroach into required or publ ic parking areas; • Requiring an In-Lieu Parking Fee, 5 to be charged on a monthly or annual basis for any shortage in required parking on private property or use of public parking spaces;
• Establishing limits on the number of parking spaces that may be converted to parklets;
• Allowing additional food and beverage uses beyond "indoor restaurants" to participate: e.g. coffee shops, bakeries, and breweries; • Establishing sign criteria;
• Clarify whether temporary signage would be permitted on structures and the allowed time period for such signage;
• Recommend minimum safety standards accounting for street type or traffic speed - which could be incorporated through an Engineering Technical Standard; • Establish consistent design standards or design review process for parklets; and • Establish an administrative ("over-the-counter'') permit to remove the publichearing process from individual requests for expanded outdoor dining areas that meet prescribed guidelines.
• Require an Encroachment Maintenance and Removal Agreement (see example in Attachment 4 ).

Notes on Parking Regulations
Under the emergency order that was in place between 2020-2021, the City did not require additional parking spaces be provided to offset the use of outdoor dining facilities that occupied public or private spaces. Initially, this was not an issue due to reduced capacity limitations implemented by the state through pandemic regulations and reduced customer volume due to health concerns. When the prevalence of the virus is lower, there is an increase in traffic and demand for parking. This demand has ebbed and flowed over the past two years.

AB-61 established a two year parking relief period for outdoor dining uses at the local level between January 1, 2022 and January 1, 2024:

SEC.2.

Section 65907 is added to the Government Code, to read:
65907.
(a) To the extent that an outdoor expansion of a business to mitigate COV/0-19 pandemic restrictions on indoor dining interferes with, reduces, eliminates, or impacts required parking for existing uses, a local jurisdiction that has not adopted an ordinance that provides relief from parking restrictions for expanded outdoor dining areas shall reduce the number of required parking spaces for existing uses by the number of spaces 5 SCMC 17.64.100
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Temporary Outdoor Dining and Parklets Page 5
that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area.
(b) This section shall become operative on January 1, 2022. (c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. •
Given this state legislative direction, all Cities are encouraged to provide temporary parking relief and are not required to enforce standard zoning restrictions regarding parking during this time frame. Even so, staff recommends providing parameters to the parking reductions necessitated by a Parklet Program. Staff recommends reference to the existing "Waivers of Parking Requirements" section of the Zoning Cod (17.64.125).

This section establishes two zones: the Downtown Parking Study Area (DPSA) and all areas outside of the DPSA.

Within the DPSA, up to 3 parking spaces may be waived administratively. Therefore, staff recommends that a maximum of 3 spaces be allowed per business within this zone. Also, the DPSA references a maximum allowance of 180 waivers in the DPSA area. Sixty-three waivers have been granted. That leaves 117 waive'rs in the DPSA area. However, the Code recommends that the City conduct a parking study to review occupancy within the DPSA area: "After 90 waivers have been granted, the City shall consider whether an additional parking study is necessary to assure that granting of an additional 90 waivers, for a total of 180, will not create inadequate parking in the study area." Staff recommends that the Planning Commission support the use of all waivers to support the temporary program and forward a recommendation to the City Council to authorize and fund a parking study within the DPSA area.

It should also be noted that these parking waiver limitations were established prior to, and without consideration of, the mobility and access improvements offered by the City's summer Trolley. This service was expanded in 2021 to continue weekend service in the months of October-December to alleviate parking challenges in the downtown and pier bowl areas.

The DRSC was also interested in tying the occupancy of parklets to a maximum of 16 seats which references the "free 16 seats" that are possible under SCMC 17 .16.205 in support of outdoor dining. This limitation has been added under subsection D.b.iii of the oraft amendment. •

GENERAL PLAN
Staff compiled a number of relevant General Plan Policies (Attachment 3) that are pertinent to this Zoning Amendment. Numerous Generat Plan policies provide clear support for a Temporary Parklet Dining program. For instance, LU-11.03 from the Land Use Element promotes flexibility in the downtown that "improves livability, reduces vehicular trips, creates community gathering places and activity nodes, or helps strengthen its character and identity." LU-11.04 promotes outdoor dining so long as it does not impede pedestrian access. M-2.54 from the Mobility and Complete ~treets 3-15-22 I 7 A-49
• Temporary Outdoor Dining and Parklets • Page 6
Element promotes "beneficial commercial uses on public sidewalks" if they promote an improved pedestrian atmosphere. These Policies and others illustrate a clear goal to establish a walkable, entertaining, and social environment, especially within the downtown area.

ENVIRONMENTAL REVIEW/COMPLIANCE (CEQA)
The Planning Division has determined that a zoning amendment to establish a temporary parklet program is consistent with the intent of the referenced State enabling legislation and, further, would be exempt from CEQA under Class 21 of the CEQA Categorical Exemptions (Enforcement Actions by Regulatory Agencies). Development of temporary dining facilities would also be exempt under the Class 11 Categorical Exemption (Accessory Structures).

CALIFORNIA COASTAL COMMISSION REVIEW
The project does not require Coastal Commission review because it constitutes nonpermanent outdoor dining standards including guidelines for temporary facilities, which is consistent with the state legislature's approval of AB 61 and SB 314.

Staff would need to apply for a Coastal Development Permit (CDP), however, for any future Zoning Amendment that incorporates permanent Code changes that allow for permanent expansions of outdoor dining facilities or reduced parking requirements. Some cities have already implemented permanent outdoor dining streamlining procedures, such as San Diego's "Spaces as Places" program, and have requested blanket exemptions "from CDP application requirements for those outdoor dining areas.

NOTICING
Staff has provided electronic notice to the San Clemente Downtown Business Association (OBA), the San Clemente Chamber of Commerce ("Chamber"), and to any businesses that participated in the Temporary Outdoor Operations Program of this new business item. Public notices were published per City and State requirements. Staff has not received any additional public comment.

ALTERNATIVES
The Planning Commission may take any of the following actions:

1. Recommend City Council approval of the proposed zoning amendments.

2. Recommend the City Council approve the proposed zoning amendments with changes.
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Temporary Outdoor Dining and Parklets Page 7

3. Recommend the City Council deny the proposed zoning amendments. If the Commission wishes to pursue this option, the hearing will need to be continued to allow the appropriate resolution(s) to be prepared.

RECOMMENDATION
Staff recommends that the Planning Commission:

1. Determine the amendment is consistent with the intent of the State enabling legislation (AB-61 and SB-314) and is exempt from the CEQA under the Class 21 Categorical Exemption (Enforcement Actions by Regulatory Agencies) because it establishes a temporary parklet program that regulates the time, place, and manner of temporary outdoor dining facilities as encouraged by the State of California. Development of temporary dining facilities under these new regulation~ would also be exempt under the Class 11 Categorical Exemption (Accessory Structures).

2. Adopt Resolution PC 22"'.003, recommending City Council approval of Zoning Amendment 22-027 described above.

Attachments:

1. Resolution PC 22-003
Exhibit A: SCMC 17.28.206'- Temporary Parklet Dining

2. Proposed Parklet Design Guidelines

3. Referenced General Plan Policies

4. Example Encroachment Maintenance and Removal Agreement 3-15-22 / ?A-51
RESOLUTION NO. PC22-003

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SAN CLEMENTE, CALIFORNIA,

RECOMMENDING THE CITY COUNCIL APPROVE AND

ADOPT AN ORDINANCE AMENDING THE CITY OF SAN
CLEMENTE MUNICIPAL CODE TITLE 17, ZONING TO ADD
SECTION 17.28.206, TEMPORARY PARKLET DINING,

WHICH PRESCRIBES REGULATIONS AND DESIGN

STANDARDS FOR OLJTDOOR DINING AREAS AND
SUNSETS ON DECEMBER 31, 2023.

WHEREAS, on March 17, 2020, as empowered by California Government Code section 8630 and San Clemente Municipal Code chapter 8.12, the City Council adopted Resolution No. 20-13 proclaiming a local emergency regarding novel coronavirus (COVID19); and WHEREAS, on June 2, 2020, the City Council adopted Resolution 20-41, which authorized and directed the Director of Emergency Services to implement certain zoningrelated small business assistance strategies including the permitting of outdoor dining intended to help businesses operate safely and successfully following social distanc.ing and other guidelines; and •
WHEREAS, on June 1, 2021 the City Council adopted Resolution 21-19 proclaiming a Local Emergency Regarding Economic Stabilization and Recovery from the impacts of the Coronavirus Pandemic, finding that small businesses have been disproportionately impacted by the effects of the pandemic and by closures or operational modifications mandated by the State or County Health Departments; and
WHEREAS, the Local Emergency Regarding Economic Stabilization and Recovery expired on December 31, 2021; and
WHEREAS, the Governor of the State of California signed into law after the 2021 legislative session various bills supporting small businesses, including AB-61 and SB-314, which provide regulatory flexibility in the service areas for alcohol and relief from parking standards while encouraging local agencies to adopt ordinances and regulations as are herein proposed that streamline the approval for outdoor dining; and WHEREAS, on November 16, 2021, the City Council directed staff to initiate a Zoning Amendment to establish a new temporary outdoor dining program as promoted by AB-61 and SB-314; and
WHEREAS, proposed regulations and design guidelines were discussed by the City's Design Review Subcommittee {DRSC) on December 15, 2021 and January 12, 2022 and also by the Planning Commission on February 16, 2022; and WHEREAS, on March 2, 2022, the Planning Commission held a duly noticed public hearing on the zoning amendments, and considered evidence presented by City staff and other interested parties; and
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Resolution No. PC 22-003 Page2
NOW, THEREFORE, the Planning Commission of the City of San Clemente hereby resolves as follows:.

Section 1: CEQA Findings
Based upon its review of the entire record, including the staff report, any public comments or testimony presented to the Planning Commission, and the facts outlined below, the Planning Commission has determined that the amendment is consistent with the intent of the State enabling legislation (AB-61 and SB-314) which encourage local agency adoption of ordinances that support small businesses through the adoption of outdoor dining programs and policies. The Planning Commission hereby finds and determines that ZA 22-027 is exempt from the California Environmental Quality Act (CEQA) under the Class .21 Categorical Exemption (Enforcement Actions by Regulatory Agencies) as the Ordinance establishes regulations and guidelines for temporary outdoor dining spaces and activities adjacent to existing food and beverage businesses.

Section 2: With respect to Zoning Amendment 22-027, the Planning Commission recommends that the City Council find as follows:

A. The proposed amendments are consistent with the General Plan and numerous General Plan Policies, such as:
• . LU-11.03. Flexibility. We allow flexibility to accommodate market changes for the mix of uses identified in the Del Mar/T-Zone Mixed Use Guide, if doing so promotes achieving the Area's vision and improves livability, reduces vehicular trips, creates community gathering places and activity nodes, or helps strengthen its character and identity.
• LU-11.04. Outdoor Dining. We encourage the development of outdoor dining and other similar uses which do not impede pedestrian use of the sidewalks.
• LU-11.05. Bike and Pedestrian Environment. We provide a high quality bicycle and pedestrian environment with "living street" designs, consistent landscaping, lighting, sidewalks, traffic calming measures, bikeways and trails, consistent with the Bicycle and Pedestrian Master Plan, Tree Ordinance and Design Guidelines. • M-2.54. Beneficial Commercial Uses on Public Sidewalks. We may approve certain commercial uses on public sidewalks in the Pedestrian Overlay District when those uses benefit the overall pedestrian environment.

The proposed amendment would update a regulatory document,· the Municipal Code, to implement a temporary program for outdoor dining that improves the street scene and environment, supports local businesses, and "creates community gathering places", strengthening the community character as referenced in LU-11.03.

B. The proposed amendments will not adversely affect the public health, 3-15-22 / 7 A-53
Resolution No. PC 22-003 Page3
safety, and welfare, in that they further the General Plan objectives of meeting community . values, needs and conditions. The Planning Commission recommends that the City Council authorize a parking study commensurate with the 2022-2023 Outdoor Dining program to better understand mobility behaviors or constraints and to facilitate future planning should the City pursue a permanent program in the future.

Section 3: The Planning Commission hereby recommends that the City Council approve an Ordinance entitled Temporary Parklet Dining, amending Title 17 of the Municipal Code by adding Section 17 .28.206 via Zoning Amendment 22-027, attached as Exhibit A, subject to the above Findings.

PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of San Clemente on March 2, 2022.

Chair
CERTIFICATION:

I HEREBY CERTIFY that the foregoing resolution was duly adopted at a regular meeting of the Planning Commission of the City of San Clemente on March 2, 2022, and carried by the following roll call vote:

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSTAIN: COMMISSIONERS:

ABSENT: COMMISSIONERS:

Secretary of the Planning Commission
3-15-22 I 7 A-54

STATE OF CALIFORNIA - CALIFORNIA NATURAL RESOURCES AGENCY

CALIFORNIA COASTAL COMMISSION
455 MARKET STREET, SUITE 300
SAN FRANCISCO, CA 94105-2421
VOICE (415) 904-5200
FAX (415) 904-5400
ATTACHMENT 6

GAVIN NEWSOM , GOVERNOR
March 10, 2022
To: Coastal Commission District Staff
From: John Ainsworth, Executive Director
Re: Parking Closures for Outdoor Dining Programs Due to COVID-19 Dear District Staff,
On October 8, 2021, Governor Newsom signed into law Assembly Bill 61 , which provides businesses with pandemic relief by temporarily suspending local parking requirements for outdoor dining purposes. More specifically, the bill adds Section 65907 to the Government Code to specify that, "to the extent that an outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining interferes with, reduces, eliminates, or impacts required parking for existing uses, a local jurisdiction that has not adopted an ordinance that provides relief from parking restrictions for expanded outdoor dining areas shall reduce the number of required parking spaces for existing uses by the number of spaces that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area." This new section of law, contained in Section Two of the bill, is effective as of January 1, 2022 and will remain in effect through December 31, 2023.

As you may know, pursuant to Public Resources Code Section 30611, the Commission has issued numerous Coastal Development Permit (CDP) waivers for pandemic relief activities since March of 2020, including for outdoor dining programs in existing coastal zone parking areas. 1 Given the ongoing challenges our local coastal governments are facing, the Commission will continue to consider all requests for CDP waivers for proposed parking closures to accommodate outdoor dining programs through December 1, 2023.

Existing waivers issued for outdoor dining programs should be assumed to be extended by virtue of AB 61. Any new request for temporary use of public and private parking spaces for outdoor dining purposes should be submitted for review pursuant to the Coastal Development Permit process and must continue to be limited to existing rights-of-way, local government-owned and privately-owned parking spaces, and/or parklets which are immediately adjacent to the business providing the outdoor dining program in areas that are already developed and equipped with ADA access improvements. Sidewalks must also remain open and in compliance with all ADA guidelines. Beach access restrictions will not be considered at this time and any proposal for permanent outdoor dining programs should only be permitted through a regular CDP process. Staff should also encourage those local governments seeking a permanent outdoor dining program to seek CDP approval promptly rather than waiting until December of 2023.

Please continue to work with the Commission's Statewide Planning Unit where such parking closures are requested by our local government partners. 1 See: https//documents.coastal.ca.gov/reports/2020/5/W6b/W6b-05-2020-reportpdf 3-15-22 I 7 A-55
Agenda Item 91\-
~--'---

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: March 15, 2022
Approvals:

City Manager _i_~ __ //')
Dept. Head
Attorney
Finance
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Department: Public Works / Engineering Division
Prepared By: Kiel Koger, Public Works Director/City Engineer Subject: UPDATE ON MARIPOSA PEDESTRIAN BRIDGE REPLACEMENT Fiscal Impact: None at this time.

Summary: KPFF Consulting Engineers previously performed an alternative analysis and provided a replacement concept for the Mariposa Pedestrian Bridge. Staff requests approval of a bridge material (aluminum or timber) in order to continue with the design and environmental permitting process.

Background: Staff recognized several years ago the need to replace the Mariposa Pedestrian Bridge due to excessive corrosion from being in a marine environment and amount of required maintenance needed on the steel structure. A bluff failure of a private slope above the structure caused additional damage in November 2019 and the bridge was temporarily closed until soil debris could be cleared from the deck and around the foundations.

Staff retained KPFF in September 2020 to perform an alternatives analysis for the replacement of the bridge. This analysis compared different bridge materials and configurations while exploring the corresponding costs, constructability methods and challenges, long-term maintenance, life span, risks, and permitting requirements. KPFF's analysis was based on the City's desires to replace the entire steel bridge with a material that is corrosion resistant and requires little maintenance while also reusing the existing foundations.

KPFF researched several different bridge material options that included FiberReinforced Polymer (FRP), aluminum, and timber as alternatives to the existing steel. Steel was not considered as a replacement option due to past experience as the existing bridge requires major maintenance at an average cost of $2.5 million every 15 years. FRP was found not feasible for use with the existing foundations due to the required bridge section geometry and was the most expensive option. Aluminum and timber were the favored options as they are less expensive, can keep the same general geometric configuration as the existing bridge and would allow the use of existing foundations. Both are also low maintenance and have a long lifespan.

Recent conversations with KPFF revealed aluminum was the preferred choice over timber since it is lighter, cheaper and requires less maintenance.

Public Works Agenda Report
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Agenda Report Page 2
A potential drawback could be getting approval from the Coastal Commission, as the agency prefers a more natural looking surface. The surface of the aluminum could be dulled to make it less shiny or wood added in some areas (decking, top handrails) but coating or painting would not be. recommended due to the required maintenance. Aluminum will not blend into. the surrounding environment as well as timber, and aluminum would need to remain in its natural state (unpainted) in order to remain lowmaintenance. A timber bridge provides an alternative that has a natural appearance that will blend with the existing surrounding environment.

See the table below for a summary of a rough order of magnitude estimate of construction costs. Please note these estimates are a year old and may have increased on average by 10-15%.

Option Bridge Procurement& Installation Total Cost
Assembly
Low High Low High
RanQe RanQe RanQe RanQe
1 . FRP Standard BridQe $3.6M $3.9M $5.4M $5.?M

2.FRP Custom BridQe $4.3M $4.?M $1.8M $6.1M $6.5M

3.Aluminum BridQe $1.3M $1.9M $3.1M $3.?M

4. Timber Bridge $2.5M $2.8M $4.3M $4.6M
In February 2021, staff recommended a timber bridge for replacement. Council asked staff if the bridge replacement could be delayed and to consider an aluminum bridge as an alternative. Following this request, staff hired a structural engineer in March 2021 to inspect the bridge and assess the condition. The engineer's report recommended closing the bridge until replacement but also offered an option to add shoring and support beams in the interim to keep the bridge open. In May 2021, staff hired a contractor to add shoring and support beams under the bridge spans and it has remained open to date. Since that time, inspections of the bridge supports have been made on a monthly basis by the • contractor and periodically by the structural engineer. The bridge has reached its service life and should be replaced.

There are still challenges going forward. The private slope above the structure is still unstable. Staff hired LGC Geotechnical Engineers in April 2020 to draft a slope protection and repair plan.A separate geotechnical engineering firm hired by the HOA rejected the need for the repair plan and indicated that the City should pay to stabilize the slope or construct a structure to capture debris on its own property for any future failures. The cost to stabilize the entire slope in this area would be millions of dollars and make the project unfeasible to build.

Another option to construct a fence for debris protection would be less expensive but probably not looked upon favorably by the Coastal Commission and could create a maintenance burden. The best option originally proposed by.

LGC is the less costly and evasive but not favored by the HOA. This option would require reducing the slope angle by laying the slope back at the top within private property. This would modify the sloped, vegetated areas but not any existing active use areas. The City has property insurance covering damage to 3-15-22 I 9A-2
Agenda Report Page 3
the bridge, but this coverage will probably be insufficient to fund the comprehensive acquisition and remediation of the entire slope.

Probably the best option going forward is to continue with design and permitting of the bridge exclusively on City property and have the bridge constructed higher (raised) on the existing foundation to allow any future soil debris to fall under the structure. Raising the bridge could also delay approval from the- Coastal Commission since this would be different from the current configuration.

Recommended
Action: Staff requests approval of a bridge material (aluminum or timber) in order to continue with the design and environmental permitting process of the Mariposa Pedestrian Bridge and provide direction going forward.

Attachments: None
Notific.ation: None
i:\cd\engineering\secure\adm in\2022\3-15\3-15-22-2r.docx 3-15-22 I 9A-3
3- 15-22 I 9B
Beach & Park Restroom Master Plan
Objective
To improve the condition and function of our existing Beach Restroom inventory to prevent further deterioration, potential loss, and provide a better quality of service for our users.

Executive Summary
During the City Council consideration of the FY 2010-11 Budget, - a proposal to fund improvements to Beach Restrooms by allocating approximately $230,000 of General Funds directed toward street improvements was discussed. No action was taken, and instead, the City Council directed staff to prepare a Plan for maintenance and upgrade of the six beach restroom facil ities. Staff has reviewed the facilities, met with Americans with Disability (ADA) Consultants, and identified a number of deficiencies in the structural integrity, accessibility, attractiveness, and function. Each of the six restroom buildings is in need of repair and retrofit.

Additional research is needed regarding the Coastal Commission requirements for some of the buildings; however, the "Base of Pier" restroom is prioritized for immediate repair and redesign as it currently serves the most users, is in the best structural condition, repairs can be completed without major reconstruction, and can be adapted to provide handicap access.

Staff sought to create a scope of work that responded to the potential use of $230,000 in General Funds originally discussed by the City Council, and recommends that between $200,000 and $250,000 (see Phase One potential costs for range of costs), be allocated to complete the Phase one improvements outlined within this report. In addition, a long-term funding strategy is needed to provide the $1,720,000 to $2,304,000 needed to determine the specific scope of work and Coastal Commission requirements to replace or repair the other five restrooms.

During the review of the Beach Restroom Master Plan, Council also requested that the Park restrooms be assessed in a similar manner. This work is underway, and although the Master Plan for Park Restrooms is not complete, there are similar issues and potential costs for these facilities as well. Upon initial review, staff still recommends that the beach restrooms be prioritized ahead of the park restrooms as most of the park facilities are in better condition than the beach restrooms.

Background and Discussion
Public restrooms are often a measure people use to determine their perception of a city. The impression one gains entering a well designed, well maintained, bright and clean facility, rather than a dark and unappealing one, is significant. With over two million visitors to our beaches each year, our six beach/pier restroom facilities are well worn and showing signs of deterioration. A Master Plan for Beach Restrooms was prepared and identifies both long and short term maintenance upgrades, including ways to move toward compliance with the Americans with Disabilities Act (ADA) requirements, and provides better aesthetics for our civic buildings. This paper is intended to identify the funding needed for the Master Plan improvements by implementing this project into the Long Term Financial Plan. 2011 L TFP 165
3-15-22 / 9B-1
Beach & Park Restroom Master Plan
Existing Conditions
The six existing restrooms are referred to by their location and include: North Beach Restroom, Linda Lane Restroom, Pier Base Restroom, End of Pier Restroom, "T" Street Restroom, and Boca Del Canon Restroom. These restrooms were originally designed to serve beach use only; however, with the success of the Beach Trail, these are now serving a whole new user group, shifting from primarily summer use to year-round use. With the exception of North Beach and End of Pier Restrooms, each facility is constructed of "slump block" concrete units with wood framing and wood shake or composite roofs. The color has evolved from light beige with brown trim to a darker sienna color with dark brown trim. A specific architectural style is difficult to categorize. North Beach Restroom is a contemporary Spanish style while the End of Pier is a wood-sided cottage style, with white siding and blue trim. It should be noted that the restroom architecture in the Architectural Overlay Areas, {Pier and North Beach) do not follow the Spanish Colonial Revival style.

Since the facilities were constructed, the Americans with Disability Act (ADA) defined new requirements for restrooms. City Building Division staff conducted an "Accessibility Compliance Assessment" of the existing restrooms and identified a number of retrofits and improvements that are required to be compliant with current standards. Copies of these assessments are provided as attachments to this report. In general, the report identifies that many existing fixtures need to be relocated to provide appropriate heights for use and clearances; grab bars should be added; some areas do not have sufficient width between walls to provide access for wheelchairs; signage is missing, and trashcans have been placed in locations that impede access.

In addition, the city is conducting a city-wide assessment and has hired Disability Access Consultants, Inc. to complete an Assessment of Programs, Services, Activities and Events for ADA/Title 24 Accessibility Compliance. Staff met with this firm on-site to review the existing conditions and confirm the assumptions in this report. The scope of this Master Plan addresses the Beach Restrooms only, and it should be noted that there are larger projects needed to 166 2011 LTFP
3-1 5-22 I 98-2
Beach & Park Restroom Master Plan
provide a, "path of travel" from the parking areas, across the rai lroad tracks, to the pier and access to some restrooms buildings. Most notable are the access paths from t he Pier Bowl handicap parking, and the access ramp at North Beach. Both of these projects will require significant design, grading, and approvals, and should be addressed within the Capital Improvement Project process for project funding and prioritization. However, since persons in wheelchairs are using the Pier area now, the provision for appropriate bathroom facilities should be prioritized here first.

In addition to the ADA retrofits of the restrooms, there are signs of structural deterioration.

The wood members of the overheads and roof supports show signs of deterioration and dry rot, and there is cracking along the joints of the concrete blocks causing heaving of portions of the walls. The foundations appear to be intact with little significant cracking; however, the movement of sand does create challenges in maintaining access to stairs and· entries.

Currently, there are no complaints of odor in the restrooms; however, it should be noted that previous service to sanitize and deodorize the restrooms was cut due to funding constraints.

This reduction may become more apparent as the heat increases and will be monitored by staff. Replacement of this service would assist in providing better restroom conditions and could be accomplished at a cost of approximately $9,000 per year.

As each of these buildings is located on the beach and within the coastal zone, work may require review and permitting by the Coastal Commission. One of the primary issues staff may have to deal with is the potential that the Coastal Commission requirements may limit our options for building any new facilit ies, and may restrict us to retrofitting and improving existing facilities.

Strategy for Improvements
Given the deteriorated condition of wood members, the need to retrofit existing plumbing fixtures to meet current ADA requirements, and the lack of remarkable architectural style, demolition and reconstruction may be the most desirable solution for some of our restrooms.

However, the location on the beach adds significant constraints that must be considered. New requirements from the Coastal Commission may not allow the reconstruction of new buildings even if at the same location. The potential of losing the ability to provide restrooms at these beach locations would be a significant loss for the City.

City staff will be meeting with Coastal Commission staff in the near future and will discuss the potential risk of non-replacement should buildings be demolished. In addition, if new buildings were allowed to be constructed, they may also be required to be built on piers rather than the existing building concrete foundations. If this is the case, it may potentially double the cost of building a new restroom.

Staff will pursue the option of potential replacement with newly built or prefabricated restrooms with the Coastal Commission. However, not all of the six restrooms are in need of extensive structural retrofit. The restrooms at Base of Pier and North Beach appear to be in the best condition, and staff would recommend that the Base of Pier restroom be prioritized 2011 L TFP 167
3-15-22 I 9B-3
Beach & Park Restroom Master Plan
first for upgrade due to its high use and vi sibi lity. Focusing upgrades to this restroom will serve the greatest users and provide more attractive facil ities in the Pier Bowl area. This would allow improvements to go forward while staff researches Coastal Commission requirements for those buildings with larger structural issues to address.

General Recommendations For All Facilities
In addition to the phased recommendations, there are a number of general recommendations that apply to all of the facilities as discussed below:

Maintenance - While the current levels of daily maintenance for cleaning is prioritized for funding, it appears there has not been a regular cycle for maintaining the structure itself, and protecting the public investment in the facilities. There are signs of deterioration at each of the facilities, including rust, water damage, wood rot, missing overhead members, etc. Staff recommends that a policy of, "Only minor visible signs of deterioration permitted," be adopted for our facilities. This would require a higher funding of facility repairs; however, this on-going replacement of broken or damaged items, scheduled painting, reroofing, and maintenance would reduce the potential of long-term replacement costs and protect the public investment of civic facilities.

Unfortunately, instead of doing minor repairs each year and spreading the costs out, The City is now looking at the need for major upgrades to all of our restrooms which would be best done at this time; however, funding of t hat magnitude is most likely not available, and items of work will need to be prioritized for a mult i-year approach.

Once the restrooms are brought up to acceptable conditions, it will be important to maintain those upgrades by funding on-going repairs as they become needed rather than allow deterioration to its present degree. The City now spends an average of $25,000 per year on restroom building repairs; a funding level of approximately $50,000 per year should be allocated to maintain a standard of only minor signs of visible deterioration after the restrooms are brought back to an acceptable condition. This will be part of a larger maintenance strategy city-wide for all facilities; however, for purposes of this report, a funding level of $50,000 per year should be considered as part of Phase Three for these facilities. The current standards established for maintenance is a level "C" in an "A" through "F" criteria. While the daily maintenance does meet this, staff believes the long-term maintenance with the visible signs of deterioration is below a "C" average standard.

Fixtures - Currently, the fixtures are of the most utilitarian design and are not considered attractive. In addition, their age and condition make them even less appealing. However, stainless steel is the best material available for public uses as it does not break or crack like porcelain, and it withstands the marine elements well. Staff recommends the use of stainless steel be continued due to its longevity, and the placement of seats on toilets would at least provide a higher level of comfort and reduce the appearance of a jail cell. In addition, a policy of replacement of fixtures showing significant signs of deterioration should be adopted, as well 168 2011 LTFP
3-1 5-22 I 98-4
Beach & Park Restroom Master Plan
as the placement of a baby changing station in each locat ion and soap dispensers stocked regu larly to protect public health.

Materials and Finishes - The existing color is a dark beige or sienna with brown trim. This color combination has apparently evolved from the previous light beige or white with red tile. Staff have relayed that these colors have been used to hide dirt and is potentially favored by the Coastal Commission as it tends to blend in with the surrounding bluffs. The City Lifeguard towers also use the color combination. Unfortunately, the color gives the appearance of being dirty and does not allow for easy reference and locating, as they do tend to blend in with the surrounding hills. Staff recommends the gradual shifting toward lighter beige to provide a cleaner appearance, and the use of white with red tile roofs in the Architectural Overlay Zones.

Tile roofing is however more expensive than a wood shake. Replacement costs for wood are estimated at $8,000, while tile is at $10,000.

In addition, the use of color could add an attractive quality, assist with way finding, and reinforce the Spanish influences. A vocabulary of tile signage has already been established for the Beach Trail, and the use of similar type styles and design could add to the architectural interest of the restroom buildings. Spanish murals or images could be used at the Pier Bowl and North Beach, and simple color bands or designs could be used elsewhere, such as an orange color tile band at "T" Street to coordinate with the tile on the overpass, or surf motif.

The bare concrete floors are clean; however, when wet, it is difficult to discern whether the restroom has just been cleaned, or if it is in need of cleaning. Coating the floors with an industrial quality textured finish in a light color would contribute to a more pol ished look and appearance of cleanliness. City of Hermosa Beach has coated their new restrooms with a light colored textured-non skid, urethane which appears to be holding up well to use and provides an attractive finish.

Phase One:

Given that the restroom building is of masonry
construction and is civic in nature, it could be retrofitted in a Spanish Colonial Revival style.

The existing masonry walls could be covered with smooth stucco, the low pitch roof could be 2011 L TFP 169
3-15-22 I 9B-5
Beach & Park Restroom Master Plan
replaced with red tile, the use of colorful tiles to note the location (Pier Bowl), and signage could meet the Spanish design guidelines for the Pier Bowl District.

The interior would need to be retrofitted to adjust fixtures to meet current ADA requirements.

Since this restroom has the highest use and is potentially the best access for those in wheelchairs, it is appropriate to focus efforts and funding here first to make diligent efforts toward providing accessible facilities at the beach. One of the biggest constraints for this {and other) building(s) is that the interior walls of the restrooms do not meet width requirements for wheelchair access.

In addition, the restrooms need to provide an accessible stall for wheelchair use. The existing handicap stalls do not meet current standards. New standards require more space than the current stall wing walls permit. Staff met on-site with the ADA consultants and determined that the existing building envelope could accommodate a new accessible stall by converting the area where the sinks are currently located to a wheelchair accessible stall, and shifting the sinks to use a portion of the dressing area. Given the high use of this location, the addition of one new stall on each side will be a benefit, and the reduction of a portion of the dressing area is not anticipated to be a significant detriment.

EXISTING PIER BOWL RESTROOM (BASEOi= PIER)
170 2011 L TFP
3-15-22 I 9B-6
Beach & Park Restroom Master Plan
Summary of Phase One recommendations (Pier Bowl Restroom) • Review and recommendations by Structural Engineer.
• Stucco masonry block with smooth stucco, replace existing rotted wood overhead and roof members as needed.
• Remodel interior for Handicap accessibility: new handicap stall location, adjust fixtures for proper heights and clearances, add tile, replace stall doors. • Add tile signage and detail similar to tile type and font as used on the Beach Trail. • Add new decorative iron gates at wing walls if needed. • Repair and replace doors, seats, missing slats on overheads, and paint other restrooms - no structural work at this time, maintenance of existing only.

Phase Two:

Before proceeding the work on the other restrooms, Staff will need to get direction from t he Coastal Commission on: 1) The ability of the City to demolish and then rebui ld restrooms at the same locations, and 2) If we can rebui ld, will the Commission require the structure to be built on piers or other more expensive construction type. The answers to these two questions will dictate the approach to restoration of T Street, Linda Lane, and Boca Del Canon restrooms.

North Beach structure is in relatively good condition and does not appear to need structural work; however, the access ramp to the facility does not meet current ADA standards and will need reconstruction to make a path of travel available to the restroom, in addition to the interior repairs needed. Depending on the outcome to the research, there could be two scenarios for Phase Two:

In addition, staff will need to know if Coastal Commission will require new buildings to be built on piers which would most likely increase costs significantly. If new buildings are possible, then the City may wish to consider the new style of several single room restrooms which do not require closing of all to clean one, th us maintaining more use for the public, as well as address privacy issues better.
2011 L TFP 171
3-15-22 / 9B-7
Beach & Park Restroom Master Plan
Scena rio B: If Coastal Commission will not allow the replacement of the existing buildings, then it will be necessary to repair the buildings we have. If this is the case, an Architect and Structu ral Engineer wi ll be retained to determine t he extent of structu ral and architectural redesign.

Conclusion
The six Beach Restrooms comprise a significant investment of City funds . The investment in these facilities should be protected by the on-going maintenance to ensure they provide needed beach amenities for our residents, contribution toward our economic viability by providing services for our tourist industry, represent the City of San Clemente as a possessing good civic architecture and public services.

Potential costs
This paper provides only conceptual ideas for improvements and specific costs would be determined through a bidding process.

Phase One - estimate of probable construction costs
Pier Bowl Restroom {Highest Priorit y}
Structural Engineering
Replace existing wood supports/overhead
Replace wood roof with tile
Adjust and/or replace fixtures as necessary
Replace existing partit ion doors
Float smooth plaster surface and stucco
Add accent tiles and signs
Plumbing/Utilities for new Accessible stall
Install new iron entry doors if necessary
Contingency
Total estimated costs at Pier Bowl
Other restrooms
Paint interiors
Repair fixtures as needed (in place}
Repair/Replace missing overhead slats
Install toilet seats and changing stations
Replace missing signage
Contingency
$15,000
$50,000
$10,000
$15,000
$ 6,000
$15,000
$ 5,000
$10,000
$ 7,000
$26,600
$159,600
$50,000
$10,000
$10,000
$ 3,000
$ 1,500
$15,000
Total estimated costs for other buildings $89,500
TOTAL TO COMPLETE ALL PHASE ONE IMPROVEMENTS $249,100
Phase Two - estimate of probable construction costs
Scenario A- Demolition and construction of new buildings Until a determination of the requirement of either a pier or slab foundation is given by Coastal Commission, exact costs are not known. For purposes of this report, both costs are estimated 172 2011 L TFP
3-15-22 / 98-8
Beach & Park Restroom Master Plan
below. In addition, design costs of $40,000 are included for retaining an Architect to provide a new bui lding design.

Slab Foundation (assume Pier Foundation (assume
$300/s.f. due to difficult $450/s.f. due to difficult
access) access)
Design fees $ 60,000 Design Fees $ 60,000
North Beach Restroom and $268,000 North Beach Restroom and $268,000 Concession (no demo, rehab Concession (no demo, rehab
existing at $275/s.f.) existing at $275/s.f.)
Linda Lane $293,000 Linda Lane $439,000
Base of Pier $293,000 Base of Pier $439,000
End of Pier (no demo, rehab $220,000 End of Pier (no demo, rehab $220,000 exist.) exist)
T Street $293,000 T Street $439,000
Boca Del Canon $293,000 Boca Del Canon $439,000
Total $1,720,000 $2,304,000
Scenario B - Rehabilitation of Existing Restrooms
Rehabilitate existing restroom buildings (assume $275/s.f .) Structural and Architectural design $ 40,000
North Beach Restroom and Concession, and construct new accessible ramp $265,000 and path of travel from parking area. $100,000
Linda Lane $268,000
Base of Pier $268,000
End of Pier $220,000
T Street $268,000
Boca Del Canon $268,000
Total $1,697,000
Phase Three - Allocate $SOK per year for on-going building maintenance Currently, $25,000 per year is allocated for on-going building maintenance for all of the six beach restrooms. While this funding has been sufficient to replace plumbing fixtures, paint, and make minor repairs to keep the restrooms functioning, it has not been sufficient to address larger repair items. Items such as loss of overhead wood members, repairs of cracks in the masonry walls, replacement of rotted doors etc., have been either deferred or the item has been removed with no plan for replacement. After the restrooms are repaired or replaced it is necessary to provide adequate funding for repairs each year so that items in need of attention are not deferred or eliminated.
2011 L TFP 173
3-15-22 I 9B-9
Beach & Park Restroom Master Plan
Recommendations

1. Include funding of $250,000 for phase one improvements for consideration during the FY 2012 budget process.

2. Prepare projects estimated at $2.3 million for phase two improvements for consideration in the FY 2013 CIP budget.

3. Consider increasing the annual funding of beach restroom maintenance by 25,000 in FY 2014 and years forward for maintenance of improvements.

Fiscal Impact of Recommendations
Capital Impact $250,000 (Phase One), $2,304,000 (Phase Two) Operations & Maintenance Impact $50,000 each year
Forecast Impact
Council Action: The Beach and Park Restroom Master Plan recommendations were approved by City Council with the following modification :

To approve Staff recommendation, with the modification that the amount in item 1 be changed from $250,000 to $300,000.
174 2011 LTFP
3-15-22 / 9B-10
Maintenance and Upgrade Strategy
Linda Lane North Beach End of Pier

CITY OF SAN CLEMENTE
July 13, 2010
Authored by: Beaches, Parks and Recreation Department, Appendix by Community Development, Engineering 3-15-22 / 9B-11
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Introduction
City of San Clemente
Master Plan for Beach Restrooms
Maintenance and Upgrade Strategy
Public restrooms are often a measure people use to determine their perception of a city. The impression one gains entering a well designed, well maintained, bright and clean facility, rather than a dark and unappealing one, is significant. With over two million visitors to our beaches each year, our six beach/ pier restroom facilities are well worn and showing signs of deterioration. The City Council requested staff prepare a Master Plan for the beach restroom facilities during the June 1, 2010 meeting. This Plan identifies both long and short terrn maintenance upgrades, including ways to move toward compliance with the Americans with Disabilities Act (ADA) requirements, and provides better aesthetics for our civic buildings.

Existing Conditions
The six existing restrooms are referred to by their location and include: North Beach Restroom, Linda Lane Restroom, Pier Base Restroom, End of Pier Restroom, "T" Street Restroom, and Boca Del Canon Restroom. These restrooms were originally designed to serve Beach use only; however, with the success of the Beach Trail, these are now serving a whole new user group, shifting from primarily summer use to year-round use. With the exception of North Beach and End of Pier Restrooms, each facility is constructed of "slump block" concrete units with wood framing and composite roofs. The color has evolved from light beige with brown trim to a darker sienna color with dark brown trim. A specific architectural style is difficult to categorize. North Beach Restroom is a contemporary Spanish style while the End of Pier is a wood-sided cottage style to its construction, with white siding and blue trim.

It should be noted that the restroom architecture in the Architectural Overlay Areas, (Pier and North Beach) do not follow the Spanish Colonial Revival style.

The interiors are quite utilitarian and have unfinished concrete floors, beige painted walls, some stalls have doors and some do not. Fixtures are penal type stainless steel, some with seats and some without. This style is typical of older facilities that were designed for maximum durability and ease of maintenance. Most of the facilities are designed with an interior shower (of which only one location had working plumbing), and a large changing area. The shower/ changing areas appear to be little used. Most restrooms have been modified to have showers located outdoors, and tl1e indoor shower fixtures have been abandoned. 3-15-22 / 9B-12
Since the facilities were constructed, Americans with Disability Act (ADA) has new requirements. City Building Division staff conducted an "Accessibility Compliance Assessment" of the existmg restrooms and identified a number of retrofits and improvements that are required to be complaint with current standards. Copies of these assessments are provided as attachments to this report. In general, the report identilles that many existing fixtures need to be relocated to provide appropriate heights for use and clearances; grab bars should be added; some areas do not have sufficient width between walls to provide access for wheelchairs; and, often, not enough space is provided for handicap access if doors are installed; signage is missing, and trashcans have been placed in locations that impede access.

In addition to the ADA retrofits, there are signs of structural deterioration. The wood members of the overheads and roof supports show signs of deterioration and dry rot, and there is cracking along the joint of the concrete blocks causing heaving of portions of the walls. The foundations appear to be intact with little significant cracking, however, the movement of sand does create challenges in maintaining access to stairs and entries. Although a minor cost of approximately $9,000 per year, the service to provide Sanitizing and Deodorizing has been cut due to budget constraints. This reduction may become more apparent as the summer heat ino-eases and will be monitored by staff.

It should be noted that the replacement of this service would assist in providing better restroom conditions.

As each of these buildings is located on the beach, work may require review and permitting by the Coastal Commission. One of the largest issues staff may have to deal with is the potential that the Coastal Commission requirements may limit our options for building any new facilities, and may restrict retrofitting and improving existing facilities.

Trends
Some cities such as Huntington Beach and Redondo Beach have built new facilities that are a group of small single person rooms rather than a shared room with many stalls. These are intended to reduce issues related to lack of privacy, use for sleeping, and walking in on inappropriate activity in restrooms. In addition, the single stall restrooms allow for no significant down time for cleaning. Currently, the entire restroom building is closed during cleaning, requiring patrons to walk to another site. With the single person rooms, others remain open while one is being cleaned so that the entire building is not shut down at one time. The use of family restrooms has become popular as well. These are larger stalls tl1at allow for Moms or Dads and kids to access one stall at the same time . Most new facilities are also installing baby changing tables as part of the typical furnishings. These fold out tables are installed in both Men's and Women's restrooms to allow babies to be changed in a clean environment.

Some larger cities have begun to provide coin operated pay toilets that are only accessible with payment. This type of approach is often used to deal with persons who use the public toilets as places to sleep, and limiting access is a way of deterring that use . These issues are challenges for many cities, but luckily have not been significant here in San Clemente.
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The use of restroom style and color is also used in some cities as a way of identifying one's location in the city. The City of San Antonio Texas has been successful in using attracti ve colored tiles and murals on both the interior and exteriors of their r estrooms to relate to the different areas of the histori c River Walk. City of Los Angeles has used a different band of colored tile to tie public restroom design into the corresponding light rail stop it is near. Each of these uses of color contribute to "Way finding" , as it assists users in knowing what section of town they are in . In addition, there is thought that this differentiation also provides for better emergency response, as persons in distress can identify their location as, "near the blue bathrooms" or, "by the River mural" since these facilities are often not addressed. Interestingly, restroom design and user experience has become the topic of some discussion on internet biogs and websites. At present, there are websites noting the best restrooms in certain cities, and even a site to cast your vote for the best restroom the in United States.

Recommendations
Given the deteriorated condition of wood members, the need to retrofit existing plumbing fixtures to meet current ADA requirements, and the lack of remarkable architectural style, demolition and reconstruction may be the most desirable solution for some of our restrooms. However, the location on the beach adds significant constraints that must be considered. New requirements from the Coastal Commission may not allow the reconstruction of new buildings even if at the same location. The potential of losing the ability to provide restrooms at these beach locations would be a significant loss for the City . City staff will be meeting with Coastal Commission staff in the near future and will discuss the potential risk of non-replacement should buildings be demolished. In addition, if new buildings were allowed to be constructed, they may also be required to be built on piers rather than the concrete foundations our existing building sit on. If this is the case, it may potentially double the cost of building a new restroom.

Staff will pursue the option of potential replacement with a newly built or prefabricated restroom with the Coastal Commission. However, not all of the six restrooms are in need of extensive structural retrofit. The restrooms at Base of Pier and North Beach appear to be in the best condition, and staff would recommend that the Base of Pier restroom be prioritized first for upgrade due to the high use and visibility . Focusing upgrades to this restroom will serve the greatest users and provide more attractive facilities in the Pier Bowl area. This would allow improvements to go forward while staff researches Coastal Commission requirements for those buildings with larger structural issues to address.

General Recommendations for all facilities
In addition to the phased recommendations, there are a nw11ber of general recommendations that apply to all of the facilities as discussed below:

There are signs of deterioration at each of the facilities, including rust, water damage, wood rot, missing overhead members, etc. Staff recommends that a policy of, "Only minor visible signs of deterioration permitted," be adopted for our facilities. This would require a higher funding of facility repairs; however, this on-going replacement of broken or damaged items, scheduled painting, reroofing, and maintenance would reduce the potential of long-term replacement costs and protect the public investment of civic facilities. Unfortunately, instead of doing minor repairs each year and spreading the costs out, staff is now looking at the need for maior upgrades to all of our restrooms which would be best done at this time ; however, funding to that magnitude is most likely not available, and items of 3-15-22 I 9B-14
work will need to be prioritized for a multi-year approach. Once the restrooms are brought up to acceptable conditions, it will be important to maintain those upgrades by funding on-going repairs as they become needed rather than allow the deterioration that we have now. A funding level of approximately $50,000 per year should be allocated for maintenance of the Beach facilities. This will be part of a larger maintenance strategy city-wide for all facilities; however, for purposes of this report, a funding level of $50,000 per year should be considered as part of Phase Tlu·ee for these facilities. The current standards established for maintenance is a level "C" in an "A" through "F" criteria. While the daily maintenance does meet this, staff believes the long-term maintenance with the visible signs of deterioration is below a "C" average standard.

Fixtures - Currently, the ilxtures are of the most utilitarian design and are not considered attractive, In addition, their age and condition make them even less appealing. However, stainless steel is the best material available for public uses as they do not break or crack like porcelain can , and it withstands the marine elements well. Staff recommends that the use of stainless steel be continued clue to its longevity. The placement of seats on toilets would at least provide a higher level of comfort and reduce the appearance of a jail cell. In addition, a policy of replacement of fixtures showing significant signs of deterioration should be adopted, as well as the placement of a baby changing station in each location.

Materials and Finishes -The existing color is a dark beige or sienna with brown trim. This color combination has apparently evolved from the previous light beige or white with reel tile. Staff have relayed that these colors have been used to hide dirt and is potentially favored by the Coastal Commission as it tends to blend in with the surrounding bluffs. The City Lifeguard towers also use the color combination . Unfortunately, the color gives the appearance of being dirty and does not allow for easy reference and locating, as they do tend to blend in with the surrounding hills.

Staff recommends the gradual shifting toward a lighter beige to provide a cleaner appearance, and the use of white with red tile roofs in the Architectural Overlay Zones. In addition, the use of color could add an attractive quality, assist with way finding, and reinforce the Spanish influences. A vocabulary of tile signage has already been established for the Beach Trail, and the use of similar type styles and design could add to the architectural interest of the restroom buildings. Spanish murals or images could be used at the Pier Bowl and North Beach, and simple colors could be used elsewhere, such as an orange color tile band at "T" Street to coordinate with the tile on the overpass.

The bare concrete floors are clean; however, when wet, it is difficult to tell if the restroom has just been cleaned, or if it is in need of cleaning. Coating the floors with an industrial quality textured finish in a light color would contribute to a more polished look and appearance of cleanliness. City of Hermosa Beach has coated their new restrooms with a light colored textured-non skid, urethane which appears to be holding up well to use and provides an attractive finish.

Phase One:

Base of Pier restroom as noted previously is not reflective of the Spanish Colonial Revival Architecture as noted in the Architectural Overlay Zone. In addition, there may have been previous planning work done to identify a wood siding, "Nautical Style" for areas west of the railroad tracks. The restroom meets neither. Nor is the use of wood siding consistent west of the railroad tracks, as the underpass is a white stucco wall with red tile cap, and will be further reinforced with Spanish styling with the addition of the Pier Bowl lighting upgrades. Research. of old photos show that in 1972, the restroom building was a light color with what appears to be a tile roof. In 1979, the trash enclosure addition was added with what appears to be a wood shake roof.
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Given that the restroom building is of masonry construction and is civic in nature, it could be retrofitted in a Spanish Colonial Revival style. The existing masonry walls could be covered with smooth stucco, the low pitch roof could be replaced with red tile, the use of colorful tiles to note the location (Pier Bowl), and signage could meet the Spanish design guidelines for the Pier Bowl District.

The interior would need to be retrofitted to adjust fixtures to meet current ADA requirements. Since this restroom has the highest use and is potentially the best access for those in wheelchairs, it is appropriate to focus efforts and funding here first to make diligent efforts toward providing accessible facilities at the beach. One of the biggest constraints for this (and other) building(s) is that the interior walls of the restrooms do not meet width requirements for wheelchair access with the existing door setup. Some of the restrooms have the iron entry doors in place, and others have had them removed due to damage or rot. Moving of the interior walls would be cost prohibitive, and some are load bearing carrying the overhead or roof. Instead, an option would be to remove the iron entry doors, either replace them at the wing wall opening rather than the door ways, which would then meet ADA requirements, or determine if they are actually needed as used, as they may be able to be removed completely. Staff typically leaves the doors open and unlocked, and only closes them when a storm event happens. If the doors are needed for security during storm events, attractive iron gates could be built to fit in the immediate opening of the wing walls rather than in the exiting location of the door way. This would then remove the ADA compliance issue with the interior wall widths.

In addition, the restrooms need to provide an accessible stall for wheelchair use. The existing handicap stalls do not meet current standards. New standards require more space than the current stall wing walls permit. Options include redesigning two of the existing stalls into one Accessible stall, or using part of the dressing area to create a new Accessible stall. Given the high use of this restroom, staff would recommend sacrificing part of the dressing area for an additional stall rather than losing one fixture . The dressing room area could be reduced approximately 50%, and a new handicap stall installed meeting dimensional requirements. New connections to water and sewer would need to be run to the new locations, which is approximately ten feet from the existing lines. '
.EXISTING PIER BOWL RESIROOM (BASE OF PIER) ~_t:.,o: _____ ____ _ _______ _ _ _ _ PROPOSED PIER BOWL RESTROOM (BASE--OFPTER) 3-1 5-22 / 9B-16
Summary of Phase One recommendations (Pier Bowl Restroom) • Review and recommendations by Architect and Structural Engineer. • Stucco masonry block with smooth stucco, replace existing rotted wood overhead and roof members as needed.
o Remodel interior for Handicap accessibility : new handicap stall location, adjust fixtures for proper heights and clearances, replace stall doors.
• Add tile signage and detail similar to tile type and font as used on the Beach Trail. • Acid new decorative iron gates at wing walls if needed . • Repair and replace doors, seats, missing slats on overheads, and paint other restrooms - no structural work at this time, maintenance of existing only .

Phase Two:

Before proceeding the work on the other restrooms, Staff will need to get direction from the Coastal Comn1ission on:
1) The ability of the City to demolish and then rebuild restrooms at the same locations, and 2) If we can rebuild, will the Commission require the structure to be built on piers or other more expensive construction type . The answers to these two questions will dictate the approach to restoration of T Street, Linda Lane, and Boca Del Canon restrooms. North Beach structure is in relatively good condition and does not appear to need structural work; however, the access ramp to the facility does not meet current ADA standards and will need reconstruction to make a path of travel available to the restroom, in addition to the interior repairs needed. Depending on the outcome to the research, there could be two scenarios for Phase Two:

Scenario A: If Coastal Commission will allow the demolition of the existing restroom building and replacement of a similar size building in the same location, an Architect will need to be retained to provide cost evaluations to determine what would be the most cost effective; making the repairs to the existing block walls, adjusting fixtures, and replacing the roofs/ overheads; building a new structure; or purchasing and placing a prefabricated building, or building a new structure. In addition, staff will need to know if Coastal Commission will require new buildings to be built on piers which would most likely increase costs significantly. If new buildings are possible, then the City may wish to consider the new style of several single room restrooms which do not require closing of all to clean one, thus maintaining more use for the public, as well as address privacy issues better.

Scenario B: If Coastal Commission will not allow the replacement of the existing buildings, then it will be necessary to repair the buildings we have. If this is the case, an Architect and Structural Engineer will be retained to determine the extent of structural and architectural redesign .
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Potential costs
This report provides only conceptual ideas for improvements and specific costs would be determined through a bidding process
Phase One - estimate of probable construction costs
Pier Bowl Restroom (Highest Priority)
Structural Engineering
Replace existing wood supports/ overhead
Replace wood roof with tile
Adjust and/ or replace fixtures as necessary
Replace existing partition doors
Float smooth plaster surface and stucco
Add accent tiles and signs
Plumbing/Utilities for new Accessible stall
Install new iron entry doors if necessary
Contingency
Total estimated costs at Pier Bowl
Other restrooms
Paint interiors
Repair fixtures as needed (in place)
Repair/ Replace missing overhead slats
Install toilet seats and changing stations
Replace missing signage
Contingency
Total estimated costs for other buildings
allow $15,000
allow $50,000
allow $10,000
allow $15,000
allow $6,000
allow $15,000
allow $5,000
allow $ JO, 000
allow $7,000
allow $26,600
$159,600
allow $50,000
allow $10,000
allow $ l 0,000
allow $ 3,000
allow $1,500
allow $15,000
$89 ,500
TOTAL TO COMPLETE ALL PHASE ONE IMPROVEMENTS $ 249,100
Phase Two - estimate of probable construction costs will be determined after consultation with Q) c Coastal Commission to determine building requirements. Q) F
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Funding options
City Council considered using $230,000 of street improvement funds for a one-time diversion to fund restroom improvements for the beach and pier. Discussion centered on the current good condition of roads, and the need for improvements to the restrooms given their high use and visibility in the City. The outcome of this discussion was the request for this plan, and direction to return to City Council for further consideration.

In addition to considering a one-time use of street improvement funds, the City Council may wish to consider creating a long-term funding source for beach maintenance and enhancements. There are many needs that this type of funding could be allocated toward including a long-term maintenance regime for restrooms, pier, sand replenishment, site furnishings, infrastructure, and any future facility needs. Potential funding could be gained from increasing the hours when parking fees are collected. An increase of one to two hours both in the morning and evening at the same rate could be substantial. In addition, the City could consider adding parking meters in new locations including the access areas to Trestles Surf Beach. This area has a high degree of use, and, if the funding was used specifically for beach improvements and enhancements, it may be better received by this user-group.

Appendix: Accessibility Compliance Assessments prepared by Community Development Department, Engineering Division .
i: \n-port:-\2010 111.1:-:ter plan for lw,1eh re:-:trrnH11:-:\ 7- 13-10 111.1:-te r plan for beach n':Stroom:- report.docx (J)
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Beach & Park Restroom Master Plan
Recommendations

1. Include funding of $250,000 for phase one improvements for consideration during the FY 2012 budget process.

2. Prepare projects estimated at $2.3 million for phase two improvements for consideration in the FY 2013 CIP budget.

3. Consider increasing the annual funding of beach restroom maintenance by 25,000 in FY 2014 and years forward for maintenance of improvements.

Fiscal Impact of Recommendations
Capital Impact $250,000 (Phase One}, $2,304,000 (Phase Two} Operations & Maintenance Impact $50,000 each year
Forecast Impact
Council Action: The Beach and Park Restroom Master Plan recommendations were approved by City Council with the following modification:

To approve Staff recommendation, with the modification that the amount in item 1 be changed from $250,000 to $300,000.
174 2011 LTFP
3-15-22 I 9B-20
Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: March 15, 2022
City Clerk J 1
Agenda Item C:, G
Approvals:

City Manager tZ,.__>
--=----
Dept. Head
Attorney U.,,,_,...,_ - -
Finance
Laura Campagnolo, Legislative Administrator u~... . PROPOSED MOD/FICA TIONS TO CITY COUNCIL AGENDA TEMPLATE AND POLICY AND PROCEDURE 1201-11 RELATING TO CITY COUNCIL MEETING AND OPERA TING PROCEDURES Fiscal Impact: None.

Background: Council Policy and Procedure 1201-11 (City Council Meeting and Operating Procedures) provides that the template for City Council agendas shall be established by Council majority vote. Council directed Staff to agendize the issue of the Council meeting agenda template to enable Council to consider possible revisions to ensure Council meetings ru n as efficiently as possible. The proposed City Council meeting agenda includes the following modifications:

Change in Start Time for Business Meeting and Closed Session The first proposed modification to the agenda is to break the Business Meeting portion of the agenda into two parts. Business Meeting Part 1 would allow for the business portion of the meeting to begin at 5:00 p.m. and end at 6:_00 p.m., Council would then recess to Closed Session from 6:00 p.m. to 7:00 p.m., and return to open session for Part 2 of the Business Meeting at 7:00 p.m.

Oral Communications
The second proposed modification to the agenda is to hear Oral Communications during the Part 1 of the Business Meeting.

Second Reading and Adoption of Ordinances
The third proposed change is for Council to include second reading and adoption of ordinances under the consent calendar.

Councilmember Committee Reports
The fourth proposed modification to the agenda relates to adding a section under Part 1 of the Business Meeting for Councilmember Committee reports. This allows for the City Council to report out items earlier in the meeting.

City Clerk Agenda Report 3-15-22 / 9C-1
Agenda Report
Recommended
Page2
Resident/Business Owner of the Quarter
The fifth potential modification to the agenda falls under Special Presentations. The proposed change includes addition of a quarterly item to recognize either a business or resident of the quarter.

The proposed agenda outline in its entirety can be found on Attachment 1 of the Administrative Report.

Policy and Procedure 1201-11 Relating to City Council Meeting and Operating Procedures •
Policy and Procedure 1201-11 Relating to City Council Meeting and Operating Procedures has been modified to match the proposed agenda.

Additionally, Section 4.4.4 has been updated to propose that Council will hear public comments on agendized items after Staff has concluded its presentation of an item and before Council deliberates on the item. Speaker cards will not be accepted once deliberations have commenced.

The proposed Policy in its entirety can be found on Attachment 2 of the Administrative Report.

Action: STAFF RECOMMENDS THAT the City Council:
1) Approve the agenda template changes as outlined in Attachment 1 of the Administrative Report, dated March 15, 2022, and on file with the City Clerk. 2) Direct that Policy and 'Procedure 1201-11 (City Council Meeting and Operating Procedures) be revised to include changes to the agenda, as outlined in Attachment 2 of the Administrative Report, dated March 15, 2022, and on file with the City Clerk.
3) Adopt Resolution No. - entitled A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, ESTABLISHING THE DATE, TIME

AND LOCATION OF CITY COUNCIL MEETINGS AND RESCINDING
RESOLUTION NO. 08-84.

Attachments: 1) Proposed Agenda Template
2) Policy and Procedure 1201-11 showing proposed modifications 3) Resolution
Notification: None.
3-15-22 I 9C-2
ATTACHMENT 1

CITY OF SAN CLEMENTE

R EGULAR C ITY C OUNCIL

MEETING AGENDA
San Clemente Community Center Auditorium
100 N. Calle Seville
San Clemente, California
www.san-clemente.org
DATE
5:00 p.m. - Business Meeting I
6:00 p.m. - Closed Session
7:00 p.m. - Business Meeting II
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.

RULES FOR ADDRESSING COUNCIL
• Members of the public may address the City Council on matters within the jurisdiction of the City of San Clemente.
• If you wish to address Council, please complete one of the blue speaker cards located at the entrance to the Community Center Auditorium 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. 3-15-22 I 9C-3
Regular City Council Meeting Agenda of MEETING DATE

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

Maintaining a safe, healthy atmosphere in which to live, work and play; Guiding development to ensure responsible growth while preserving and enhancing our village character, unique environment and natural amenities; Providing for the City's long-term stability through promotion of economic vitality and diversity .. .

Resulting in a balanced community committed to protecting what is valued today while meeting tomorrow's needs.

BUSINESS MEETING PART 1 (5:00 P.M.)

CALL TO ORDER

INVOCATION -

PLEDGE OF ALLEGIANCE

ROLL CALL

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

Page2

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

3. Oral Communications (30 Minutes). 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 Oral Communications, 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.

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. Subject to very limited exceptions, Council is not permitted to discuss or take action on items that do not appear on the agenda.

4. 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, Staff, or the public requests removal of an item for separate discussion and action. 3-15-22 / 9C-4
Regular City Council Meeting Agenda of MEETING DATE
City Council Minutes
A. Staff Recommendation
B. Commission/Committee Minutes
Staff Recommendation
Receive and file the following:

C. Warrant Register
TOTAL WARRANT REGISTER ................ $
Payroll Register
TOTAL PAYROLL REGISTER ........... ..... .... ............. .... $ Second Reading aod Adoption of Ordinances
Resolutions for Adoption, unless otherwise required by law.

Contracts and Agreements
Miscellaneous:

Page 3 ends

3-15-22 I 9C-5
Regular City Council Meeting Agenda of MEETING DATE;

5. Reports.

A. Commissions and Committees
B. City Manager
C. City Attorney
D. Council Members
E. Council Subcommittee Updates
CLOSED SESSION (6:00 P.M.)
BUSINESS MEETING PART 2 (7:00 P.M.)

6. Closed Session Report - City Attorney.

7. Special Presentations.

Residentl&usiness Qf,_the Quarte11
Homeless Update

PUBLIC HEARING - SET A TIME CERTAIN FOR PUBLIC HEARINGS Page4

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.

9. Unfinished Business.

10. New Business.
3-15-22 I 9C-6
Regular City Council Meeting Agenda of !\IIEETING DATE Page 5

11. Reports (continued from Business Meeting Part 1).

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

12. Adjournment.

The next Regular Council Meeting is scheduled to take place on -----. Part 1 of the Regular Business Meeting will commence at 5:00 p.m. and Closed Session will begin at 6:00 p.m. Part 2 of the Business Meeting will commence at 7:00 p.m. The meeting will take place in the Community Center Auditorium, located at 100 N.

Calle Seville, San Clemente.

Items to be Considered at a Future Meeting
I Agenda Item I Tentative Meeting Date
3-15-22 / 9C-7
Regular City Council Meeting Agenda of MEETING DATE Page 6

CITY COUNCIL MEETING PROCEDURES

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

MEETINGS RECORDED AND TELEVISED
City Council meetings are broadcast live and are replayed periodically on Cox Communications Local Access Channel 854. Meetings are also available for live-stream or post meeting viewing from the City's website. Meetings are also recorded via audio CD and/or DVD and retained as a City record in accordance with the City's records retention schedule.

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

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

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

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

MEETING SCHEDULE
Regular Council Meetings are held on the first and third Tuesdays of each month in the Community Center Auditorium, located at 100 North Calle Seville, San Clemente. Part 1 of the Business Meeting will begin at 5:00 p.m. and Closed Session begins at 6:00 p.m. Part 2 of the Business Meeting will commence at 7:00 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 (a minimum of 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting).

Agendas and Administrative Reports can also be viewed at the San Clemente Library, located at 242 Avenida Del Mar, or 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 Community Center 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 .
3-15-22 I 9C-8
POLICY AND PROCEDURE ATTACHMENT 2
Subject: City Council Meeting Index: City° Council
and Operating
Procedures
(Parliamentary Procedures,
Due Process, Mayor/Mayor
Pro Tempore, Council
Correspondence, Meetings,
Agendas, and Minutes)
Number: 1201-11
Effective March 16, 2021 Prepared City Clerk
Date: By:

Supersedes: Policy and Procedures 1201- Approved 1 (Mayor and Mayor Pro Tempore); 1201-2 (Meetings By:
of the City Council); 1201-3 City Council (Order of Business and Preparation of Minutes);
1201-4 (Council
Correspondence and
Agenda); 1201-5 (Rules of
Debate, Decorum, Voting
Requirements & Procedures);
1202-2. Management/
. Streamlining of City Council
Meetings); and 1201-11 (City
Council Meeting and
Operating Procedures)

1.0 PURPOSE:

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

2.0 ORGANIZA T/ONS AFFECTED:

City Council
CityCommissions and Committees*
*No(e: Except as otherwise noted throughout this Policy, this Policy shall also apply to the City's Commissions and Committees. In applying this Policy to City Commissions and Committees, the term "Council" shall be interpreted to mean the name of the City Commission or Committee, the term ''Mayor" shall be interpreted to mean "Chairperson'~ the term ''Mayor Pro Tempore shall be interpreted to mean 'Vice Chair'~ the term ''Manager" shall be interpreted to mean "Director'~ and the Pagel 3-15-22 I 9C-9
term "City Clerk" shall be interpreted to mean the staff member responsible for providing support to the Commission/Committee.

3.0 REFERENCES:

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

4.0 POLICY:

4.1 Parliamentary Procedures and Due Process

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

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

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

Points of order may be raised by members of the public in connection with their opportunity to speak on agenda items pursuant to Section 4.4.6. The Mayor (or chair) shall rule on the point of order and/or request clarification of the law from the City Attorney and then decide and rule. If the point of order is denied by the Mayor or chair, the person making the point of order may seek a vote of the entire Council or body, which decision shall be final.

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

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

Page2 3-15-22 / 9C-10

4.1.3 It shall be understood that a member of the City Council or prospective member of the City Council may, in the course of seeking elective office, be asked to state positions on general issues that may eventually come before the Council at a later date.

This policy shall in no way impair that Councilmember's right to consider the issue and vote as he/she determines is appropriate.

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

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

4.2.1 At the first Regular City Council meeting in December of each year, the Council shall elect from its members a Mayor and Mayor Pro Tempore. The new Mayor and Mayor Pro Tempore shall assume office immediately upon election. (Note: Commissions and Committees shall elect from its members a· Chairperson and Vice Chair at its first regular meeting occurring after Council completes its annual appointment process for Commission and Committee members and those members assume office.)

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

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

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

Page3 3-15-22 / 9C-11

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

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

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

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

4.3 City Council Correspondence

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

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

4.4 City Council Meetings

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

4.4.2 At all meetings of the City Council, a majority of the Council members shall constitute a quorum for the transaction of business.

In the event less than a quorum of the City Council is present, the City Clerk shall adjourn the meeting (which may include adjourning to an Adjourned Regular Meeting), post a Notice of Adjournment, Page4 3-15-22 / 9C-12
and prepare minutes that reflect that the meeting was adjourned due to lack of a quorum.

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

4.4.4 Each person desiring to address the Council is requested to submit to the City Clerk a speaker form. After .being called upon by the Mayor, the speaker may proceed to the podium. The speaker may state for the record his/her name and city of residence, but shall not be required to do so.

Members of the public may speak for three (3) minutes and project applicants and appellants (including members of an applicant's or appellant's project presentation team, when applicable) may speak for a combined total of ten (10) minutes on agenda items. At Council's request where Council is acting in a fact-finding or hearing capacity, the Mayor may grant additional time (unless overruled by a majority of Councilmembers present) to sp~akers on agenda items. •
Speakers will be called to the podium once Staff concludes its presentation of an item and before Council begihs its deliberations.

Speaker cards will not be accepted once deliberations have commenced.

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

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

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

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

4.4. 7 Once recognized, members of the public shall not be interrupted when speaking unless to be called to order by the Mayor to: (i) Page5 3-15-22 / 9C-13
curtail extraordinary repetition, (ii) curtail speech that is irrelevant to the City Council's subject matter jurisdiction, (iii) explain how his or her speech relates to the City's subject matter jurisdiction, or (iv) address some other point of order. If a speaker is interrupted to be called to order, the speaker shall cease speaking until the question of order is determined, and if in order, he or she shall be permitted to proceed, with additional time allotted for the time taken to determine the question of order.

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

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

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

4.4.11 Staff presentations at Council meetings are to be condensed to the briefest extent possible, while still providing a basic overview of the issue under consideration. Staff is encouraged to refrain from reiterating issues previously addressed in the Administrative Report. However, Staff engaged in such communications shall· not . use these opportunities to communicate with the members of the City Council the comments or position of any other member of the City Council on City Council business.

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

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

Page6 3-15-22 / 9C-14
l
'j
Members of the public receiving notice of disruption pursuant to this section shall have the right, prior to being removed from the meeting, to ask the Mayor to consult with the City Attorney on the grounds for expulsion, and to submit a point of order on the grounds for expulsion. The City Council may override this decision pursuant to Section 4.1.2. The City Attorney shall have a duty to inform the Mayor ( or other designated chair) and the public if the City Attorney believes that the Mayor's action is in violation of applicable law.

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

4.5 City Council Agendas

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

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

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

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

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

Page7 3-15-22 / 9C-15

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

4.5. 7 The Legislative Administrator shall . be responsible for the preparation of Council meeting agendas and shall cause copies to be posted on the City Hall bulletin board(s) and City website.

VVhenever feasible, rRegular and adjourned Adjourned regular Regular meeting Meeting agendas shall be posted at least six days prior to meetings, but in no event less than within the posting time requirements as set forth in State law. In the case of special meetings, agendas shall be posted as soon as practical, but in no event less than the posting time requirements as set forth in State law.

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

4.5.9 The City Council may waive the reading in full of all Resolutions and Ordinances. The reading of Resolution titles shall be optional.

The reading of Ordinance titles shall not be waived.

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

4.6 City Council Min·utes

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

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

Page8 3-15-22 / 9C-16

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

4.6.4 Unless the reading of the minutes of a City Council meeting is ordered by a majority of the Council, such minutes may be approved without reading if the City Clerk has previously furnished each Councilmember with a copy thereof. •

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

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

4. 7 Closed Sessions

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

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

4. 7.3 No member of the City Council, employee of the City, or any person present during a closed session shall disclose to any other person the content or substance of discussion or action which took place during the session, unless a majority vote of the Council authorizes . such disclosure.

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

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

Page9 3-15-22 / 9C-17

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

Page 10 ends

3-15-22 I 9C-18
ATTACHMENT 3
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ESTABLISHING THE DATE,

TIME AND LOCATION OF CITY COUNCIL MEETINGS AND
RESCINDING RESOLUTION NO. 08-84
WHEREAS, Section 54954 of the Government Code provides that the Regular Meetings of a City Council are to be established by either resolution or ordinance; and WHEREAS, S9n Clemente Municipal Code Section 2.04.010 provides that the schedule for San Clemente's City Council meetings is to be established by Resolution; and · WHEREAS, the San Clemente City Council desires to amends its regular meeting schedule (that was formerly established by Resolution No. 08-84) to provide that City Council meetings be broken up into Business Meeting Part 1, Closed Session and Business Meeting Part 2.

WHEREAS, Business Meeting Part 1 will begin at 5:00 p.m., Closed Session will begin at 6:00 p.m. and Business Meeting Part 2 will begin at 7:00 p.m.

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

Section 1. Effective April 19, 2022, the Regular Meetings of the City Council shall be held on the first and third Tuesdays of each month at 5:00 p.m., in the Community Center Auditorium, located at 100 N. Calle Seville, San Clemente. Business Meeting Part 1 shall be conducted from 5:00 p.m. to 6:00 p.m., Closed Session shall be conducted from 6:00 p.m. to 7:00 p.m. and Business Meeting Part 2 shall be conducted beginning at 7:00 p.m.

Section 2. Effective April 19, 2022, Resolution No. 08-84 shall be rescinded in its entirety,
Section 3. The Legislative Administrator 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:

Legislative Administrator of the City
of San Clemente, California
Mayor of the City of San
Clemente, California
3-15-22 / 9C-19
Resolution No. Page 2

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, Legisl~tive Administrator of the City of San Clemente, California, do hereby certify that Resolution No. • 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 ______ ~ __ _ Approved as to form:

City Attorney
Legislative Administrator of the
City of San Clemente, California
3-15-22 / 9C-20
!::: ,'i, •• ~
u ; -=-~ (I")
C .. ,..;,,.,~ ~

41.IFO~~~
Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: March 15, 2022
City Manager
Jennifer Savage, Assistant to the City Manager
Agenda Item q_I)
Approvals:

City Manager f:J
Dept. Head
Attorney
Finance~ ~ l_..:.,.,

RESOLUTION AFFIRMING THE CITY'S POSITION ON THE STORAGE OF SPENT NUCLEAR FUEL

ATSONGS
Fiscal Impact: None
Summary: Consideration of adopting a resolution to reaffirm San Clemente's position about the location of spent nuclear fuel (Attachment 1 ).

Background: The City of San Clemente has continuously supported a permanent, safe storage site for spent nuclear fuel away from San Clemente and the San Onofre Nuclear Generating Station (SONGS). In addition to General Plan Policy S-5.05, Disposal of Radioactive Fuel, the City has adopted four resolutions regarding spent nuclear fuel:
• Resolution 21 -34 supporting Congressman Levin's SONGS Task Force (Attachment 2)
• Resolution 21-31 supporting the Action for Spent Fuel Solutions Now coalition (Attachment 3)
• Resolution 14-49 declaring the City's position on storage of spent nuclear fuel at SONGS while undergoing decommissioning (Attachment 4) • Resolution 13-35 declaring the City's position on various issues relating to the pending closure of SONGS
Discussion: On February 22, 2022, the City of Del Mar City Council adopted a resolution reaffirming their position on the storage of spent nuclear fuel at SONGS (Attachment 6). The City Council may choose to adopt the same resolution to reaffirm San Clemente's position about the location of spent nuclear fuel (Attachment 1 ).

Plan and Policy
Consistency: General Plan Policy S-5.05. Disposal of Radioactive Fuel states, "We encourage the Federal government to establish a permanent, safe disposal site for spent nuclear fuel rods and the establishment of temporary sites, if needed, to move fuel away from San Clemente." Adopting the proposed resolution to reaffirm the City's position would be consistent with General Plan Policy S-5.05 in that the resolution would continue to encourage the safe disposal of spent nuclear fuel from SONGS.

Recommended
Action: STAFF RECOMMENDS THAT the City Council adopt Resolution No. ___ titled, "A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, City Manager's Agenda Report 3-15-22 / 9D-1
Agenda Report

CALIFORNIA, REAFFIRMING THE CITY'S POSITION ON THE STORAGE OF

SPENT NUCLEAR FUEL AT THE SAN ONOFRE NUCLEAR GENERATING STATION"
Page2
Attachments: 1. Resolution No. ___ titled, "A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, REAFFIRMING THE CITY'S POSITION ON

THE STORAGE OF SPENT NUCLEAR FUEL AT THE SAN ONOFRE NUCLEAR GENERATING STATION"

2. Resolution 21-34

3. Resolution 21-31

4. Resolution 14-49

5. Resolution 13-53

6. Del Mar Resolution 2022-17
Notification: None
3-15-22 / 90-2
ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, REAFFIRMING THE CITY'S

POSITION ON THE STORAGE OF SPENT NUCLEAR FUEL

AT THE SAN ONOFRE NUCLEAR GENERA TING STATION
WHEREAS, San Clemente is home to 65,000 residents and is located within 1 O miles of the San Onofre Nuclear Generating Station (SONGS); and WHEREAS, San Clemente residents are among the 8.5 million people living within a 50-mile emergency evacuation zone as defined by the U.S. Nuclear Regulatory Commission (NRC); and
WHEREAS, the U.S. NRC is the regulatory agency for the decommissioning of nuclear facilities; and
WHEREAS, in • 2013, Southern California Edison announced its decision to permanently decommission SONGS; and
WHEREAS, operators for SONGS inqicate that there will eventually be over 1800 metric tons of spent nuclear fuel stored at SONGS until a federal repository is available to accept the spent nuclear fuel; and
WHEREAS, the United States Congress assigned the Department of Energy with the task of creating an underground repository for nuclear waste as a result of the Nuclear Waste Policy Act of 1982, which has yet to be completed; and WHEREAS, notwithstanding assurances of safety, spent nuclear fuel leaks have occurred at nuclear facilities, which creates concern that accidental leaks of spent nuclear fuel are possible with resulting hard and imperilment to public safety; and WHEREAS, spent nuclear fuel may also be the target of acts of terrorism or other intentional acts meant to cause harm and imperil public safety; and WHEREAS, at San Onofre, over 3.6 million pounds (1800 metric tons) of high-level radioactive waste are stored in waste canisters on-site, approximately 108 feet from the ocean;and
WHEREAS, these canisters are not intended for long-term storage, yet there is no long-term relocation or storage plan in place; and
WHEREAS, the- storage canisters are vulnerable to leaking for a variety of reasons, and there is considerable dispute among experts as to the suitability of the current storage method, monitoring, and canister replacement procedures; and WHEREAS, credible experts indicate that current utility radiation monitoring may not 3-15-22 I 9D-3
Resolution No. Page2
be sensitive enough to warn of canister damage, although UCSD researchers have developed a better method which gives advance warning of canister breach, yet this superior strategy is not currently proposed; and
WHEREAS, should a breach of San Onofre's storage facilities occur caused by leaking or damaged canisters, earthquake, sea level rise, terrorism, or other event, catastrophic effects to human life and safety, to ground water, to transportation on the busy 1-5 freeway, to military operations on Marine Corps Base Camp Pendleton, and other adverse impacts are possible if not likely, with damages potentially exceeding 13.4 trillion over 50 years as estimated by economic modelling; and
WHEREAS, the City of San Clemente has continuously encouraged and supported a permanent, safe disposal site for spent fuel through such actions including but not limited to directing City staff to provide formal communications to federal, state and local officials regarding removal of spent fuel from SONGS; adopting the Centennial General Plan Policy S-5.05 Disposal of Radioactive Fuel; and Resolution 14-49 declaring the City's position on spent nuclear fuel at SONGS; and
WHEREAS, this current Resolution is· adopted as a supplement to those prior actions.

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

Section 1. The City of San Clemente supports, as a matter of high priority, the identification of a long-term safer storage site located away from populated areas and urges the near-term relocation of all nuclear waste from San Onofre to safer interim storage, if needed as a precedent to ultimate relocation to a permanent safer site, all to assure that this • waste is removed from San Onofre as soon as possible.

Section 2. The City of San Clemente advocates that while spent nuclear fuel is stored at SONGS, it must be stored in a manner and location that is as safe as possible and with a system that prevents radiation releases into the environment. This requires, but is not limited to, a system that can be inspected (inside and outside the containers); maintained, not subject to critical degradation (such as corrosion and cracking); can be safely transported; provides a continuous early warning monitoring system that prevents radiation releases; and an onsite plan to replace containers such as a dry transfer facility (hot cell) as needed for safe storage and transport of spent nuclear fuel. Continuous radiation monitoring should be implemented with public on-line access.

Section 3. The City of San Clemente asserts that no permits or licenses should be granted or renewed for nuclear waste storage at San Onofre until these conditions are met. • Section 4. The City of San Clemente asserts that the proper storage and disposition of spent nuclear fuel must be a consideration in the decommissioning process and the decommission plan must not be considered complete until these issues are resolved, and no decommissioning funds should be approved until these conditions are met. Since there is no date certain that the spent nuclear fuel at San Onofre will be removed, no date should 3-15-22 I 9D-4
Resolution No. Page 3
be assumed.

Section 5. The City of San Clemente supports federal legislation that would increase state and local government participation, authority, and funding in the decommissioning of nuclear power plants and the storage and transport of nuclear waste, including legislation to allocate available federal funding on a priority basis to the areas at greatest risk such as the risk area surrounding San Onofre.

Section 6. The City Clerk is directed to forward certified copies of this resolution to the Nuclear Regulatory Commission, California Public Utilities Commission, California Energy Commission, California Senate Energy, Utilities and Communications Committee, Southern California Edison, Governor of California, U.S. Caiifornia Senators, and Congressional representatives, accompanied by a letter from the Mayor urging them to join immediately in efforts set forth in this resolution.

Section 7. 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
San Clemente, California
Mayor of the City of San
Clemente, California
3-15-22 I 9D-5
Resolution No. Page 4

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, JOANNE BAADE, City Clerk of the City of San Clemente,· California, do hereby certify that Resolution No. ____ 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 ______ ~ __ _ Approved as to form:

City Attorney
CITY CLERK of the City of
San Clemente, California
3-15-22 I 9D-6
ATTACHMENT2
RES.OLUTION NO. 21-3!
A RESOLl)TION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, IN SUPPORT OF
CONGRESSMAN LEVIN'S. SONGS TASK FORCE
. . . . . •.

WHEREAS, the Sa~ • Onofre Nuclear Generating Station (SONGS) is a retired . co'mmerc1al nuclear power plant ip close proximity to the pity of San Clemente; a,nd WHEREAS; since 2013 SONGS has been lfl the decommissioning process and as of August of 2020 all spent nuclear fuel packaged In stalnle$s steel canisters designed for both storage and transportation; and
WHEREAS,· SONGS faces unique and precarious challenges. - mllllons of people • Jlylry_g nearby, active fault lines runnln~ thro1:1gh the ~glon, and rising sea !evals; and 1 !•··· • . . WHEREAS, In January 2019, Representative Mike Levin launched a task force to address the safety challenges at SONGS; and •
- • • • •. • WHEREASi the·fack of natlonal ·pollcy .prevents removal of spent fuel from ·soNGS1 Impeding the deoommrssionlng of the plant, restoration.of the site and return.of th~ land .to • the U.S. Navy; and . , . : . •
. . . WHEREAS, the City of San Clemente has continuously enoouraged -and supported a permanent, safe disposal site for spent fuel through such actions lnchidlng but not limited to directing City staff to provi~ formal communications to federal1 state and local offlclals rega~ing removal of spent fuel from SONGS; adopti~g the Centennial General Plan Policy S~5.05 Disposal of Radioactive Fuel: and Resolution 1449 decf a ring the City's P.0sltion on spent nuclear fuel at SONGS; and
' I '
WHEREAS, off--slte. Interim and long .. term storage options are Important 'to enhance the health, safety, and security of res!dents1 businesses, and visitors In the City of ·San . • -Clemente; and. • • • WHEREAS, the task force will drive solution~ to mo~e and safely store spent nuclear fuel currently locate~ at SONGS. • •
NOW, THEREFORE, The 91ty Council of the ·city of San Clemente does hereby resolve as follows:

Section 1. The City Council of the City of San Clemente supports ·the Congressman Mike Levin's SONGS Task Force and its efforts to drive solutions to move and safely store . spent nuclear fuel currently located at SONGS. • . •
Section 2. The City Manager Is. directed to. tl'.Bnsmit this Resolution to the Co-Chairs of the t~sk force, Rear Admiral Leendeit "Len" Hering Sr., USN (Rat) and Fonner Chairman of the U.S. Nuclear Regulatory Commission Gregory Jaczko, and to Representative Mike 3-15-22 I 90-7
I
- I
ATTACHMENT 2
Resolution No. 21~34 Page2
Levin.
. 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 .1fu_ day of _-=Se=p=tem=be=r ____ ....,, 20Zl ATTEST:

City Clerk of the City of •
San Clemente, California
of San
Clemente, a ornia
3-15-22 / 9D-8
7 ATTACHMENT 2
Resolution No. 21-34 Page 3
STATE OF CALIFORNIA }
COUNTY OF ORANGE } §
CITY OF SAN CLEMENTE ) ·
I, JOANNE BAADE, CityClerk,oftheCityof San Clemente, Callfo.rnla, do hereby certify that Resolution No.. 21~34 was adopted at a regular meeting of the City Council of the City of S!:ln CJer'nente held on the • 7th day of· • • S~tember , 2021 ·. , by . the following vote:

AYES: J;)UNCAN,FERGUSON,JAMES,KNOBLOCK,.MAYOR WARD
NOES: NONE
AE3SENT: NONE
IN WITNSSS WHEREOF, I have here~. t.o set my harut~:~':fflxed the offlolal seal of the City of San Clemente, California, this day of ~ , ~/ .

Approved as to form~
CLERK of the City of
an Clemente, .California •
3-15-22 / 9D-9
ATTACHMENT 3
RESOLUTION NO. 21-31
A RESOLUTION OF TH_E CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CAL.IFORNIA1 IN SUPPORT OF THE
ACT.ION FOR SPENT FUEL SOLUTIONS NOW COALITION
WHEREAS, the San Onofre, Nuclear Generating Station (SONGS) is a retired .. commercial nuclear power plant in close proximity to the City of San Clemente; and . WHEREAS, since 2013 SONGS has been in the decommissioning process ;:lnd as of August of 2020 all spent nuclear fuel packaged in stainless steel canisters designed for both storage and transportation; and
WHEREAS, the federal government has failed to meet its obligations to assume title, liability and transport of the spent fuel at SONGS as it was required to do so in 1998 under the Nuclear Waste Policy Act of 1982 (Public Law 97-425) and by contract; and WHEREAS, nearly $41 billion (including interest income) has been paid into the Nuclear Waste Fund by utility customers nationwide, including almost $1 billion from . SONGS customers including San Clemente residents;_ and WHEREAS, the lack of national policy prevents removal of spent fuel from SONGS, impeding the decommissioning of the. plant, restoration of the site and return of the land to the U.S. Navy; and
WHEREAS, the "Strategic Plan for the Relocation of SONGS Spent NuclE,lar Fuel to an Offsite Storage Facility or a Repository" was devE:lloped by a team of independent national experts and the Plan recommends formation of a coalition of stakeholders to advocate for federal action to facilitate a licensed facility that can accept the spent fuel; and WHEREAS_, the City of San Clemente has continuously enco1.1raged and supported a permanent, safe disposal site for spent fuel through such actions including but not limited to directing City staff to provide formal i;:ommunications to federal, state and local officials regarding removal of spent fuel from SONGS; adopting the Centennial General Plan Policy • S-5.05 Disposal of Radioactive Fuel; and Resolution 14-49 declaring the City's position on . spent nuclear fuel at SONGS; and
WHEREAS, off-site interin:1 and long-term storage options are important to enhance the health, safety, and security of residents, businesses, and visitors in the City of San Clemente; and •
WHEREAS, a new coalition, Action for Spent Fuel Solutions Now, provides an opportunity for stakeholders, including educators, local go'(ernments, business and labor leaders, Native American leaders, environmental groups, and community members, to join forces and make offsite spent fuel storage and/or disposal a priority. • 3-15-22 / 9D-10
• !
Resolution No. 21-31
ATTACHMENT2
Page2
NOW, THEREFORE, The City Council of the City of San Clemente does hereby resolve. as follows:

Section 1. The City Council of the City of San Clemente supports the Action for Spent fuel Solutions Now coalition and its efforts to relocate spent fuel to a federally license facility.

Section 2. The City Manager is directed to transmit this Resolution to the Co-Chairs of the Action for Spent Fuel Solutions Now coalition, Orange County Supervisor Usa Bartlett and San Diego County Supervisor Jim Desmond, and to the Orange County and San Diego Congre$sional delegation ahd U.S. senators.

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 20th day of __ ....,Tu=-ly,___-'-__ _, 2021 ATTEST;
an Clemente, California Clemente, California
3-15-22 / 9D-11
Resolution No. 21-31

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMEN1E )
ATTACHMENT 2
Page3
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 2i-31 was adopted at a regular meeting of the City Council of the City of San Clemente herd on the 20th day of . · July • , 2021 ·, by the following vote:

AYES: DUNCAN, FERGUSON, JAMES, KNOBLOCK, MAYOR WARD
NOES; NONE
ABSENT: NONE
IN WITNESS. WHEREOF, I have hereunto set my hattan.d ~d the official seal of the City of San Clemente, California, this~ day of • ~~ , ;k(IN . ~~ City Attorney
CLERK of the City of
an Clemente, California
3-15-22 / 9D-12
· ATTACHMENT 4
RESOLUTION. NO. 14-49
· A RESOLUTION OP THE CITY CQ.UNCIL OF: THE .ClTY OF
SAN CLEMENTE, CALIFORNIA, DiECLARIN<S. THE CITY'S

POSITION QN SJORAGE OF SPENT NUCLEAR FLJEL AT
THE. SAN ONQP.RE NUCLEAR GENERATIN® STATION
(SO.NGSJ WHILE. UN.DERGOING DECOMMISSl:ONIN'G
·WHEREAS, San-Cietnente is home to 65,000 resiqents andJs located within the 10- ~i!e "Emergency Planning .Zone f.orthe San Onofre Nuc!eat· Geti~tatirf9. Statioh; and WHEREAS, in J.une· 20t3, SONGS submitted nofa::e of.its decision to permanently decqmmission the nuclear p.lant; and •
WHEREAS, the Nudea-r R_egLilatory Commission tNRC) Js·the· tegulatory agency for decommissioning of nuclear fa¢"ilifi~$.; and •
WHEREAS, Congre~·s assig·riied to the Energy D.eJiartJiflent the'task of creating ·aA underground repository for, nucle·ar waste as a result of {he• Nu~lear ·waste Policy Act of 1982, which has yet to be c<?mpl~ted; and •• • ' .

WHEREAS, the. City 0f :Sar.r Clemente request~. that S~l;:,~r:id. the NRC ensure that public safety remain$. parafT;IOU!if-durin•g the dry cask storage! proc~ss· of-'spent nuclear fuel; and • • • • • ' WHER!;:.AS, on Al:fg.ti_st .26., 2014, the .NRC VQte'q iQ allow 1Sp.ent nuclear: fuel to be stored at· onsite, licen·s.ed I.ndej'.!sndent Sp·enf Fvel $.tQr.9~e Jnsf~llation (:ISF.Sl.) pads according to three timelines; ,ee years, 1'00 years, ·and inde.frnitely_,. without consulting the City of ~an Clemente; -and .. •
WHEREAS, on D~ce.mber 17, 2013 the San Glem.eAte City Council adopted RESOLUTION NO. 13-53 w,hicfii· states:
"Nqw, T.HIER.4.FORE, the City Council' of lhe City 0f San Clemente does hereby resolve .as t0flow.s: .
.. • .Secti0n 1-, The· C.lty .of' San Clemente formally .raquests the creation of .a ~pository to provide safe- s(9rage::, of nua/ear waste. .

Seetion- 2. Once complete the City of San Clemente· requests that -the· spent fC1.el -rod.s· stoted ensite at SONGS be prioritized for- relocation- to the repository as soon. ~s it is safe to do-so; in light of a) the geographic conditit.)ns ·llniql!Je to SON.GS, b) the -dense popu.la.tion- surrounding SONGS, and c) the fact that SONGS is b-eing decommissioned. ''
WHEREAS., on May 14, 2014, Senate Bill S2326 was submitted to the Committee • on Environment .arid Poblic Works to amend the. Atomie Energy Act of 1954 to provide for consultation with 'State and loo~I governments, the conskferatiot:1 of State and local cencerns, and ·the ~pprov~il of post~shutdpwn d~commissil)n]t:19• activities repoqs by the Nuclear Regulatory Commission.
3-15-22 / 9D-13
Resolution No. 14-49
ATTACHMENT 4
Page2
NOW, THEiREFORE, the. City Coi:mcil of the City of San Clemente· db'es hereby resolve as follows:
..S-edion 1. nie Qizy of San Cletnen_te reiterates· its request that:thef DOE 't:nove forward with the· creation of a permanent·s~ent nuclea.r ·ftiel repository as tasked by,· the Nuclear Waste Policy Act of 1-982.
. . -Sectior.,- 2.·Jh~ City of San Clemente formally requests that the DOE al'ld the NRG rer:iE?w ejforts·-:tb :find a real anc;f lasting soh,ition to our nation's nuclear waste. proble.r:'h. :section 3. The City of San Clemente supports re-establishment,of Yucoa Mountain -as a peimanerit sl)ent ·fuel repository.
$e.ction 4. 1The City of S~n Clemente supports Senate Bill S2326:

S.ectisn 5. Tbe _City of San Clemente supp~rts the State of Oaiifornia's\ ·1976 Moratorium on New Nuclear Power Plant Development. • •
• _ Section 6 ... The City Clerk i~ hereby direct~d to forward c~r.tJfied GOP!!3$· of .this resol~tior.i ·t~·.the .. Nu~lear Regulatory Co.mr.nh,sien; Qalifornia Puplic U.tifiti~s,. 0.9rnn1iss.ion; Southem 'Califorri'ia 'E<dis.on, Governo·r J.erry·srown, Sen:ator Barbara :Soxer,·.s:e.mafoi: Dianne Feinstein, O~>iigressman Darrell Issa, a·nd San Clemente's surrounding cities.

Sectlor1· t .. The City Clerk shall o.ertify td.-the-p~ssage and adoption of tliis· res0lution and enter 'it iri~e tlie bt>~k of original r~~6k1tibns, • • PAS$ED AND ADQPTEO-·this 6th day of November, 2014.

ATTEST:

City Clerk ·of th.e :City· of
San Clemente., ca·liforoia
. .
,Mf,:lycrr of th.~ City-.b:f' S·a·n
Clemente canfe1rn-ra . ' . "" ··~ ..
3-15-22 / .9D-14
.... ,.,. • .....,, a • ~ .,.,. -: ,l •••:.,.:. ,::::..: ••_. ••• - __ :_·~ .. -~~--··-t{'esolution No., f~,.,4~ _·
~tl'(r]l.Q.F-':¢Al.)FORNIA •
• COlJNTY'OF 0:RAN.6'1:t, : • • "•·---! •• ... • '
itt'ITY or:·sAN :G-LE:MENtii I• 1•" lo• .. ,. k.... - 0 ..

ATTACHMENT 4
1P;~~'.e .3·
I, j OAN N.E:l3AADE,C!ity~G.·1~rk·-onh~f G.LtY ¢if $~,r1.Clerme.rate., C.alif0.m ia, do .hereby· o.ertify,fh_~t; Re.$)D.iJ.Jfion.. Np, .. 11.4--4:~ @~ls. ~Glt?p.te:Ei_: ·at ~~ ,rr$g l~t meetJn~J qftrne' City. ~.co.wr:icil of .the. Gi.ty of :san _Qle-m:elilte heio :onftlie 6117 d'ay"of' Ne9emilire.~; ·Z.6,t4, b.t'th~if.oJlowing Vote: . ,, . . . "~ . . . . '• :A¥:.ES:
·•. -··"-''Q··e:s.-
•• "BAKBR .DQ~:~r;tA~ .. HAMM, 'MAYOR ·BROWN

1.~, -.. a=:.: -. .,. ' NONE
ABSJ;:N°T: .• EVER1 .••• fl,.,·
. . .
dM 'V\ilTN,E~_s .\0'HERE'OF I·' ~-~~e h~reup.¼h_set: rnY 'af!Mmd_ affixed tfue. oflJ~j~:j seafpf Jhe City of $t;tn Clemente, Cahforrna, this /'t? .,. day o, . I(,. . , ;Je;>;V--- ... . ' • • I ~ • O•.&~
enY:6.LS:RK ohhe City of
• Sam·, Clemente, California •
/-s/ Jeff Oderman
Gity Attorriey
·3-15-22 I 9D-15
ATTACHMENT 5
• RESOLUTION NO. 13-53

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, DECLARING THE CITY'S
POSITION ON VARIOUS ISSUES REL.A TING TO THE

PENDING CLOSURE OF THE SAN ONOFRE NUCLEAR
·GENERATING STATION (SONGS)
REFERENCE: DOCKET ID NO. NRC:-2012-0246
WHEREAS, San Clemente is home to 65,000 residents and is located entirely within . the 10-mile Emergency Planning Z~ne for the San Onofre Nuclear Generating Station; and WHEREAS, .in June 2013, following more than a year of investigation and analysis by both Southern California Edison (S.CE) and the Nuclear Regulatbry Commission (NRC), SCE determined that San On·ofre should be permanently decommissioned; and . . WHEREAS, in response to Southern California Edison's decision to decommission SONGS, the City of San Clemente urges SCE ·and the NRG to ensure that. public safety remains paramount dufi~g- the deqommissioning process .and beyond; and WHEREAS, Congress assigned to the Energy Departr.nel')t the task of creating an underground repository for nuclear waste as a result of the Nuclear Waste Policy Act of 1982, however, that task has yet tq be completed; and
~ . WHEREAS, the storage of spent fuel rods onsite at SONGS continues to be a concern to the resideats of San Clemente; and
. .

WHEREAS, the Nuclear Regulatory Commissi.on (NRCJ controls the decommissioning of nuclear facilities to ensure that safety requirements are being met, and WHEREAS, the City Council of the City of San Clemente takes its responsibility to represent its citizens with utmost seriousness and, as such, des.ires to be included in the decommissioning process for SONGS.

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

Section 1 .. The C.ity of San Clemente formally requests the creation of a repository to provide safe sterage of nuclear waste.

Se"Ction 2. Once complete the City of San Clemente requests that the spent fuel rods stored onsite at SONGS be prior.itized for relocation to the reposit0ry as soon as it is safe to do so, in light of a) the geographic conditions unique to SONGS, b) the dense population surrounding SONGS, and c) the fact that SONGS is being deeommissioned.

Section 3. The City Clerk is hereby directed to forward certified copies of this resolution to the Nuclear Regulatory Commission, the Department of Energy and Southern California Edison. •
3-15-22 / 9D-16
Resolution No .. 13-53
ATTACHMENT 5

Page 2 ends

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 17thday of __ D_e_c_e_mb_e_r ____ ,. 2013 .

ATTEST:

City Clerk of the City of
1san Clemente, California
STATE OF.CALIFORNIA

COUNTY OF ORANGE

CITY OF SAN CLEMENTE
)
) §
)
~-
Mayor of the City of .San
• Clemente, California
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, do herel;>y ·certify th.at Resolution No. 13-53 was adopted at a regular meeting of the City Council of the CitY' of San Clemente held on the 17th day of December , 20] 3 , by the following vote:

AYES:

NOES:

ABSENT:

BAKER, DONCHAK 1 EVERT, HAMM, MAYOR BROWN
NONE
NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the. official sel:ll of the City of San Clemente, California, this 19th day of December , 2013 .

Approved as to form:
/s/ Jeff Goldfarb
City Attorney
TY
~~. CLERK of the City of
Clemente; California
3-15-22 I 9D-17
ATTACHMENT 6
RESOLUTION NO. 2022-17
A RESQ~L!I(QN _OF THE CITY COUNCIL OF THE CITY OF DEL
MAR,. C1.KIJf0RNIA, REAFFIRMING THE CITY'S POSITION ON
THE $f.08AGE' OF SPENT NUCLEAR FUEL AT THE ·sAN

ONOFRE NUCLEAR GENERATING STATION
- WHEREAS, the City of Del Mar is located within 50 miles of The San Onofre Nuclear Generating Station; and •
WHEREAS, Del Mar residents are among the 8.5 million people living within a SOmile emergency evacuation zone as defined ·by the U.S. Nuclear Regulatory Commission (NRG); and
WHEREAS, the United States Nuclear Regulatory Commission is the regulatory agency for the decommissioning of nuclear facilities; and WHEREAS, in 2013, Southern California Edison announced its decision to permanently decommission the San Onofre Nuclear Generating Station; and WHEREAS, operators for the San Onofre Nuclear Generating Station decommissioning indicate that there will eventually be over 1800 metric tons of spent nuclear fuel stored at the San Onofre Nuclear Generating Station site until a federal repository Is available to accept the spent nuclear fuel; and • WHEREAS; the United States Congress assigned the Department of Energy with the task of creating an underground repository for nuclear waste as a result of the Nuclear Waste Policy Act of 1982, which has yet to be completed; and WHEREAS, notwithstanding assurances of safety, spent nuclear fuel leaks have occurred at nuclear facilities, which creates concern that accidental leaks of spent nuclear fuel are possible with resulting harm and imperilment to public safety; and WHEREAS, spent nuclear fuel may also be the target of acts of terrorism or other intentional acts meant to cause harm and imperil public safety; and WHEREAS, at San Onofre, over 3.6 million pounds (1800 metric tons) of high-level radioactive waste are stored in waste canisters on-site, approximately 108 feet from the ocean;and
WHEREAS, these canisters are not intended .for long-term storage, yet there is no long-term relocation or storage plari in place; and
WHEREAS, the storage canisters are vulnerable to leaking for a variety of reasons, and there is considerable dispute among experts as to the suitability of the current storage method, monitoring, and canister replacement procedures; and 3-15-22 / 9D-18
Resolution No. 2022-17

Page 2 of 4 ends

ATTACHMENT 6
WHEREAS, credible experts indicate that current utility radiation monitoring may not be sensitive enough to warn of canister damage, although UCSD researchers have developed a better method which gives advance warning of canister breach, yet this superior strategy is not currently proposed; and
WHEREAS, should a breach of San Onofre's storage facilities occur caused by leaking or damaged canisters, earthquake, sea level rise, terrorism, or other event, catastrophic effects to human life and safety, to ground water, to transportation on the busy 1-5 freeway, to military operations on Marine Corps Base Camp Pendleton, and other adverse impacts are possible if not likely, with damages potentially exceeding 13.4 trillion over 50 years as estimated by economic modelling; and
WHEREAS, in 2012 the City of Del Mar adopted Resolution 2012-57 expressing concerns about nuclear waste and the San Onofre Nuclear Generating Station; and WHEREAS, in 2014 the City of Del Mar adopted Resolution 2014-84 supporting the Nuclear Plant Decommissioning Act of 2014 as it relates to SONGS decommissioning; and
WHEREAS, in 2017 the City of De! Mar adopted Resolution 2017-53 supporting safe offsite interim storage of SONGS nuclear waste; and WHEREAS, in 2019 the City of Del Mar adopted Resolution 2019-49 expressing further concerns; and
WHEREAS, this current Resolution is adopted as a supplement to those prior actions.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DEL MAR DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City of Del Mar supports as a matter of high priority the identification of a long-term safer storage site located away from populated areas and urges the nearterm relocation of all nuclear waste from San Onofre to safer interim ston:1ge, if needed as a precedent to ultimate relocation to a permanent safer site, all to assure that this waste is removed from San Onofre as soon as possible.

SECTION 2. The City of Del Mar advocates that while spent nuclear fuel is stored at the San Onofre Nuclear Generating Station, it must be stored in a manner and location that is as safe as possible and with a system that prevents radiation releases into the environment. This requires, but is not limited to, a system that can be inspected (inside and outside the containers), maintained, not subject to critical degradation (such as corrosion and cracking), can be safely transported, provides a continuous early warning monitoring system that prevents radiation releases, and an onsite plan to replace containers such as a dry transfer facility (hot cell) as needed for safe storage and transport 3-15-22 / 9D-19
Resolution No. 2022-17

Page 3 of 4 ends

ATTACHMENT 6
of spent nuclear fuel. Continuous radiation monitoring should be implemented with public on-line access.

SECTION 3. The City of Del Mar asserts that no permits or licenses should be granted or renewed for nuclear waste storage at San Onofre until these conditions are met.

SECTION 4. The City of Del Mar asserts that the proper storage and disposition of spent nuclear fuel must be a consideration in the decommissioning process qnd the decommission plan must not be considered complete until these issues are resolved, and no decommissioning funds should be approved until these conditions are met. Since there· is no date certain that the spent nuclear fuel at San Onofre will be removed, no date should be assumed.

SECTION 5. The City of Del Mar supports federal legislation that would increase state and local government participation, authority, and funding in the decommissioning of nuclear power plants and the storage and transport of nuclear waste, including legislation to allocate available federal funding on a priority basis to the areas at greatest risk such as the risk area surrounding San Onofre.

SECTION 6. The City Clerk is directed to forward certified copies of this resolution to the Nuclear Regulatory Commission, California Public Utilities Commission, California Energy Commission, California Senate Energy, Utilities and Communications Committee, Southern California Edison, Governor of California, U.S. Cal'ifornia Senators, and Congressional representatives, accompanied by a letter from the Mayor urging them to join immediately !n efforts set forth in this resolution.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Del Mar, California, at the Regular meeting held this 22nd day of February 2022.

APPROVED AS TO FORM:
()~.: •• ••
Cf~_-··· .. n· •..
1 Dwight
• .. ~~~ Worden, Mayor
City of Del Mar
3-15-22 / 9D-20
Resolution No. 2022-17

Page 4 of 4 ends

ATTEST AND CERTIFICATION:

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF DEL MAR
ATTACHMENT 6
I", SARAH KRIETOR, Acting City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of Resolution No. 2022- 17, adopted by the City Council of the City of Del Mar, California at a Regular Meeting held the 22nd day of February 2022, by the following vote:

A YES: Mayor Worden, Deputy Mayor Martinez, Council Members Druker, Gaasterland, and Quirk
NOES: None
ABSENT: None
ABSTAIN: None
, ... · .,
Mar.
3-15-22 I 9D-21
Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: March 15, 2022
City Manager
Jennifer Savage, Assistant to the City Manager
Agenda Item ~
Approvals:

City Manager 4_; ~ ~
Dept. Head - -- Attorney L-~"J
Finance

UPDATE OF LEGISLA T/VE ACTIVITIES FOR THE CITY OF SAN CLEMENTE Fiscal Impact: None to receive an update
Summary: This report provides an update of State level legislative activities for the City of San Clemente between December 2021 and February 2022.

Background: The City's legislative advocate oversees new and ongoing legislative activity at the California State capitol for potential impacts to the City of San Clemente. Their work includes establishing and maintaining relationships with key legislators, advocating for San Clemente with legislators, presenting at State hearings, and monitoring the State budget for funding opportunities. At this time, they are tracking 90 bills, including proposals related but not limited to housing, local control, coastal matters, surfing, and e-bikes. See Attachment for a summary of legislative advocacy activities between December 2021 and February 2022.

Discussion: City Council Position
The City Council may establish a position on each bill - support, oppose, or watch.

The bills we are tracking are largely listed as a watch position and are included in the attachment. The following lists those bills with positions that are pending the direction of Council to support, oppose, or watch:

Bill Sub·ect Position
AB 1909 Friedman E-bikes on aths / licensin Pendin
AB 1946 Boerner Horvath E-bike safet Pendin
AB 2177 State surfin Pendin
ACR 116 N California Pendin
Wildfire Insurance
The City Council requested information regarding homeowner's wildfire insurance.

Assembly Bill (AB) 2367 (Gonzalez and Limon) was introduced in 2020, requiring insurers to renew policies for homeowners that met state-standards for home hardening, among other provisions. AB 1522 (Levine) was introduced in 2021, establishing catastrophic wildfire insurance policy requirements, among other provisions. Both AB 2367 and AB 1522 died. Although the State provides a fire insurance coverage option, the Fair Access to Insurance Requirements (FAIR) Plan, homeowner's often find this option to be expensive.

City Manager's Agenda Report 3-15-22 / 9E-1
Agenda Report
Plan and Policy
Page2
In February 2022, the State established a program to encourage property owners and neighborhoods to harden their property against wildfire with the goal of attracting insurers back into the rural markets. This effort was largely led by California Insurance Commissioner Ricardo Lara. In addition to the California Department of Insurance, stakeholders involved in the California wildfire insurance matter include Stronger California (a coalition of insurers), United Policyholders, Cal Fire, Office of Emergency Services, and Insurance Institute for Business and Home Safety.

Other residential wildfire programs include Firewise Communities administered by the National Fire Protection Association (NFPA); the California Wildfire Mitigation Program administered by Cal OES; and US Forest Service State Fire Assistance programs administered by the California Fire Safe Council. The Cal Fire Office of the State Fire Marshal's Community Wildfire Preparedness & Mitigation Division works to assist local communities in receiving designation.i Neighborhoods and HOAs may establish these designations and apply to participate in these programs. There is one Firewise Community in San Clemente, Sea Pointe Estates.

Consistency: The 2020-2021 Budget identifies that the General Government Legislative Division provides input on regional, state and federal matters affecting San Clemente.

Monitoring potential legislation is consistent with that role. In addition, General Plan Policy G-1.13. Continuing Education states "We value and encourage continuing education for elected officials and appointed officials and staff in the area of ethics, best governance practices and trends, fiscal health, and risk management." The legislative advocacy work is consistent with the General Plan in that it provides an opportunity for elected and staff to learn about matters that could affect the governance and fiscal health of San Clemente.

Recommended
Action: STAFF RECOMMENDS THAT the City Council receive and file report.

Attachments: Report of State legislative advocate activities, December 2021 - February 2022, with Exhibits
Notification: None
i https://www.readyforwildfire.org/prevent-wildfire/firewise-communities/ 3-15-22 I 9E-2

ATTACHMENT
Memorandum
TO: Erik Sund
Jennifer Savage
FR: Marc Aprea
DT: March 8, 2022
RE: Quarterly Action Report-December 1, 2021 -February 28, 2022 City of San Clemente Bill File
The Legislature reconvened for year two of the two-year 2021-22 session on Monday, January 3, 2022. The bill introduction deadline was Friday, February 18, 2022.

Attached is the City of San Clemente Bill File providing the title, summary and status of each of the 90 measures we are following for the City.

Fol~owing review by City staff and their direction, the bill file sets priorities on the measures.

Several measures are pending action by the City Council.

This bill file also includes four measures that you may wish to bring to the attention of the City Council for discussion and possible action. For each of these measures we include the text of the measure, a summary of what the measure does, some background information and a brief discussion. They are:
• AB 1909 (Friedman) Vehicles: bicycle omnibus bill;
• AB 1946 (Boerner Horvath) Electric bicycles: safety and training program; • AB 2177 (Irwin) Coastal recreation: designated state surfing reserves; and • ACR 116 (Nguyen) California Surfing Day.

Coastal Conservancy Grant Legislation
Developed with Senator Bates' staff legislative language and strategy regarding legislation to appropriate $37,000,000 from the General Fund to the Wildlife Conservation Board for grants to acquire fee title or conversation easements, and/or restoration, of habitat for sensitive wildlife populations in watersheds in Southern Orange County and Northern San Diego County east of Interstate 5, with highest priority on projects in the San Mateo Creek watershed.

This measure [SB 1224 (Bates) Watersheds: wildlife habitat: Counties of Orange and San Diego] was introduced on Friday, February 18, 2022. On March 2, this measure was referred to the Senate Natural Resources and & Water Committee. The hearing date has not yet been set. (A draft support letter is attached).
3-15-22 / 9E-3

ATTACHMENT
Worked with City staff and state legislative staff in pursuit of the City of San Clemente 2022 Budget Agenda
This included the following proposed budget items
• San Clemente Parks Foundation
• Planning and Construction of Vera Cruz Park
• Environmental Consultant to Determine Valuable Habitat • Beach Sand Replenishment
$50 million
$2 million
$500,000.
$9 million
A budget letter requesting funding for these items is pending approval by the City of San Clemente.

On Monday, January 10, 2022, reviewed Governor Newsom's proposed 2022-23 state budget and reported on items that may impact the City of San Clemente Among other things this included $612 million one-time General Fund over three years to build resilience for California's coastal and ocean ecosystems, communities, cultural resources, and critical infrastructure from sea level rise, flooding and other climate-driven impacts. Of this amount, the Budget includes $400 million associated with the second year of investments including:
• Coastal Protection and Adaptation-$350 million for coastal wetland protection and restoration, and projects that build coastal resilience. • Ocean Protection-$50 million for projects that protect and restore healthy ocean and coastal ecosystems, including estuarine and kelp forest habitat, the state's• system of marine protected areas, and to build climate-ready fisheries.

The proposed state budget also included $1,085,000 for the San Clemente Shore Protection Project.

State Ballot Measures
There are 42 proposed ballot measures that are in circulation ;md may qualify for the 2022 State Ballot. 1The number appearing on the November State Ballot is expected to be far less.

Submitted to City staff state ballot measures that may impact the City, its zoning authority and its ability to impose taxes (see attached).

Worked with the City of San Clemente on a letter to Senator Bates indicating that it was no longer necessary for Senator Bates to pursue SB 760 and SB 761 and respectfully request she no longer pursue these measures.

The letter, dated January 10, 2022, thanked Senator Bates for her many efforts to protect the City of San Clemente and the valuable habitat in the city's open space and how Senate Bills 760 and 761 led to a local solution- a cooperative agreement between key stakeholders committed to 3-15-22 / 9E-4

ATTACHMENT
providing regional traffic relief while protecting conservation easements and open space. The letter respectfully asked her to withdraw Senate Bills 760 and 761, which were the impetus for regional leaders to come together to author the cooperative agreement.

Set up meetings with Members of the Legislature who may impact the City of San Clemente
Scheduled a meeting between Mayor Gene James and Assemblymember Janet Nguyen on February 8, 2022. The purpose of this meeting was to develop a relationship between the City and Assemblymember Nguyen and to provide Assemblymember Nguyen an understanding of the issues of interest to the residents of San Clemente.

Other such meetings with local state electeds will be scheduled in the future.

Monitored and Reported on Political, Legislative and Administration Activity that inay impact the City of San Clemente
This included providing a detailed summary of the changes to the State Assembly and Senate districts representing the City of San Clemente, Orange County and throughout the State.

This included changes in personnel within the Newsom Administration that could impact the .

City of San Clemente, e.g., California Transportation Secretary David Kim announced he would resign effective January 14, 2022.

Reported to City staff on the joint hearing of the Assembly Select Committee on the Orange County Oil Spill, the Assembly Committee on Natural Resources, and the Assembly Budget Subcommittee No. 3 on Climate Crisis, Resources, Energy, and Transportation
Agenda attached.
###
3-15-22 I 9E-5
San Clemente Bill Tracking
3/9/2022
1 EXHIBIT A
AB 2339 ( Bloom D} Housing element: emergency shelters: regional housing need.

I ntroduced: 2/16/2022
Location: 3/3/2022-A. H. & C.D.
, Desk Poli Fiscal Floor Desk Polic Fiscal Floor Conf. ' 1st House 2nd House Cone. Enrolled Vetoed Chaptered
Summary: The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city that includes a housing element. Current law requires that the housing element identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and make adequate provision for the existing and projected needs of all economic segments of a community. Current law also requires that the housing element include an analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels. This bill would revise the requirements of the housing element, as described above, in connection with zoning designations that allow residential use, including mixed use, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. The bill would prohibit a city or county from establishing overlay districts to comply with these provisions.

Organization Position
San Clemente Watch
Notes: Requested factsheet.

Priority
1 Assigned
Marc Aprea
AB 2734 ( Petrie-Norris D) Coastal resources: research: landslides, erosion, and inundation flooding:
advanced warning system: County of Orange.

Introduced: 2/18/2022
Location: 2/18/2022-A. PRINT
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: Current law establishes the Climate Ready Program in the State Coastal Conservancy to address the impacts and potential impacts of climate change on resources within the conservancy's jurisdiction. Current law authorizes the conservancy to undertake projects within its jurisdiction, including projects related to beach and bluff erosion and other coastal hazards that threaten coastal communities, infrastructure, and natural resources. This bill contains other existing laws.

Organization Position Priority Assigned
San Clemente Watch 1 Marc Aprea
SB 1224 ( Bates R} Watersheds: wildlife habitat: Counties of Orange and San Diego.

Introduced: 2/17/2022
Location: 3/2/2022-S. N.R. & W.

Desk Polic: Fiscal Floor Desk Polic Fiscal Floor_ Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.

Summary: The Wildlife Conservation Law of 1947 establishes the Wildlife Conservation Board in the Department of Fish and Wildlife and requires the board to determine the areas in the state that are most essential and suitable for certain wildlife-related purposes. Under that law, the board may authorize the department to acquire real property, rights in real property, water, or water rights for the benefit of wildlife. This bill would appropriate $37,000,000 from the General Fund to the Wildlife Conservation Board for grants to acquire fee title or conservation easements or to perform restoration, or a combination thereof, in watersheds with habitats for sensitive wildlife populations in specified regions in the Counties of Orange and San Diego, as provided. This bill contains other related provisions.

Organization
San Clemente
Position
Support
Priority
1 (Gonzalez D} Personal rights: right to housing.

Introduced: 2/18/2022
Location: 2/18/2022-S. RLS.

Assigned
Marc Aprea
Polic Fiscal Floor Desk Polic Fiscal Floor Conf.
lst House 2nd House Cone. Enrolled Vetoed Chaptered

Page 1 ends

3-15-22 I 9E-6
Summary: Would declare that the fundamental human right to housing exists iJ:i'.){l~ ~-)Sre measure would specify that it is the shared obligation of state and local jurisdicfions tore'spect, protect, and fulfill this right through progressively implemented measures, consistent with available resources, within an aggressive but reasonable timeframe.

Organization Position Priority Assigned
San Clemente Watch 1 Marc Aprea
2 AB 1770 ( Rodriguez D) Ambulance patient offload time.

Introduced: 2/2/2022
Location: 2/10/2022-A. EMERGENCY MANAGEMENT
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf
C • Enrolled Vetoed Chaptered 1st House 2nd House one.

Summary: Current law requires the Emergency Medical Services Authority to develop, using input from stakeholders and after approval by the Commission on Emergency Medical Services, and adopt a statewide standard methodology for the calculation and reporting by a local emergency medical services (EMS) agency of ambulance patient offload time (APOT). Current law defines APOT as the interval between the arrival of an ambulance patient at an emergency department and the time that the patient is transferred to an emergency department gurney, bed, chair, or other acceptable location and the emergency department assumes responsibility for care of the patient. Current law requires the authority to report twice per year to the commission the APOT by local EMS agency jurisdiction and by each facility in that jurisdiction.This bill would instead require the authority to report the APOT data to the commission every 6 months.

Organization Position
San Clemente Watch
Notes: Requested factsheet.

AB 1883 (Quirk-Silva D) Public restrooms.

Introduced: 2/8/2022
Location: 2/18/2022-A. L. GOV.

Priority
2 Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. E II d V t d Ch t d 1st House 2nd House Cone. nro e e oe ap ere
Summary: Current law requires every public agency, as defined, that conducts an establishment serving the public or open to the public and that maintains restroom facilities for the public, to make every water closet available without cost or charge, as provided. Current law also requires publicly and privately owned facilities where the public congregates to be equipped with sufficient temporary or permanent restrooms to meet the needs of the public at peak hours. This bill would require each local government, as defined, to complete an inventory of public restrooms owned and maintained by the local government, either directly or by contract, that are available to the general population in its jurisdiction.

Organization
San Clemente
Position
Watch
Priority
2 Assigned
Marc Aprea
AB 2668 ( Grayson D) Planning and zoning: housing: streamlined, ministerial approval.

Introduced: 2/18/2022
Location: 2/18/2022-A. PRINT
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: Would prohibit a local government from determining that a development, including an application for a modification, is in conflict with the objective planning standards on the basis that application materials are not included, if the application contains sufficient information that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. This bill contains other existing laws.

Organization
San Clemente
Position
Watch
Priority
2 AB 2705 ( Quirk-Silva D) Housing: fire safety standards.

Introduced: 2/18/2022
Location: 2/18/2022-A. PRINT
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf
Cone•. Enrolled Vetoed Chaptered 1st House 2nd House
3-15-22 / 9E-7

Page 2 ends

Summary: Current law requires the State Fire Marshal to prepare, adopt, and E~ t:ll-lt!piAl standards and other fire and life safety regulations to the California Building StanciarclsCommission for approval establishing minimum requirements for the storage, handling, and use of hazardous materials. Current law requ ires the State Fire Marshal to seek the advice of the Secretary for Environmental Protection in establishing those requirements . This bill would prohibit the legislative body of a city or county from approving a discretionary entitlement, as defined, that would result in a new residential development project, as defined, being located within a very high fire hazard severity zone, unless the city or co unty finds that the residential development project will meet specified standards intended t o address wildfire ri sks, as speci fied.

Organization Position Priority Assigned
San Clemente Watch 2 Marc Aprea
Notes: Requested factsheet.

AB 2798 ( Fong R) Freight: development projects.

I ntroduced: 2/18/2022
Location: 2/18/2022-A. PRINT
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. E II d V t d - •• nro e e oe 1st House 2nd Hou?e Cone. Chapt ered Summary: {l)The Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and of any land outside its boundaries that relates to its planning . That law authorizes t he legislative body, if it deems it to be in t he public interest, to amend all or part of an adopted general plan, as provided . That law also authorizes the legislative body of any county or city, pursuant to specified procedures, to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes. This bill, until January 1, 2025, with respect t o land where industrial or agricultural activity is an allowable use, except as specified . This bill contains other related provision s and other existing laws.

Organization Position
San Clemente Watch
Notes: Requested factsheet.

Priority
2 SB 1049 ( Dodd D) Transportation Resilience Program.

Introduced: 2/15/2022
Location: 2/23/2022-5. TRANS.

Assigned
Marc Aprea
, Desk Polic • Fiscal Floor Des k Polic _Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House one.

Summary: Would establish t he Transportation Resilience Program in the Department of Transportation, to be funded in the annual Budget Act from 15% of the available federal National Highway Performance Program funds and 100% of the available federal Promoting Resilient Operations for Transformative, Efficient, and Cost-Saving Transportation program funds. The bill would provide for funds to be allocated by the California Transportation Commission for climate adaptation planning and resilience improvements, as defined, that address or mitigate the risk of recurring damage to, or closures of, the state highway system, other federal-aid roads, public transit facilities, and other surface transportation assets from extreme weather events, sea level rise, or other climate change-fueled natural hazards.

The bill would establish specified eligibility criteria for projects to receive funding under the program and would require the commission to prioritize projects that meet certain criteria.

Organization
San Clemente
Position
Watch
Priority
2 SB 1194 (Allen D) Public restrooms: building standards.

Introduced: 2/17/2022
Location: 3/2/2022-S. HOUSING . -
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic . Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: This bill would authorize a city, county, or city and county to require, by ordinance or resolution, that public restrooms constructed within its jurisdiction comply with specified requirements instead of complying with the plumbing standards set forth in the California Building Standards Code.

This bill would set bathroom requirements, including, among others, that the occupancy load for each sex be determined by dividing the total occupancy 1/2 , that single-user toilets and bathing rooms, including family or assisted-use toilet rooms and bathing rooms, be identified for use by either sex, that separate facilities be provided for each sex where plumbing fixtures are required, and that separate facilities not be required in specified circumstances .

Organization Position Priority Assigned
San Clemente Watch 2 Marc Aprea

Page 3 ends

3-15-22 / 9E-8
AB 500
AB 989
( Ward D) Local planning: coastal development: streamlined permitting.

Introduced: 2/9/2021
Last Amend: 8/31/2021
Location: 9/10/2021-S. 2 YEAR
Summary: The Coastal Act generally requires each local government lying, in whole or in part, within the coastal zone to prepare a local coastal program for that portion of the coastal zone within its jurisdiction. Ths bill would require a local government lying, in whole or in part, within the coastal zone that has a certified land use plan or a fully certified local coastal program to adopt, by January 1, 2024, an amendment to that plan or program, as applicable, specifying streamlined permitting procedures in nonhazardous zones for the approval of (1) accessory dwelling units or junior accessory dwelling units, consistent with specified requirements relating to the rental of those units (2) projects in which a specified percentage of the units will be affordable to lower income households or designated for supportive housing, as those terms are defined, and (3) Low Barrier Navigation Centers, as defined.

The bill would require that the amendment be submitted to, and processed and approved by, the commission consistent with the above-described requirements for the amendment of a local coastal program.

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
( Gabriel D) Housing Accountability Act: appeals: Office of Housing Appeals.

Introduced: 2/18/2021
Last Amend: 8/18/2021
Location: 9/10/2021-S. 2 YEAR
Summary: The Housing Accountability Act prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, specified housing development projects, including projects for very low, low-, or moderate-income households and projects for emergency shelters that comply with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time the application for the project is deemed complete, unless the local agency makes specified written findings based on a preponderance of the evidence in the record. This bill would, until January 1, 2029, establish an Office of Housing Appeals (office) within the department, administered by the director of the department, to review housing development projects that are alleged to have been denied or subject to conditions in violation of the Housing Accountability Act. The bill would establish housing appeals panels, consisting of administrative law judges with specified qualifications, within the office.

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
AB 1445 ( Levine D) Planning and zoning: regional housing need allocation: climate change impacts.

Introduced: 2/19/2021
Last Amend: 1/3/2022
Location: 2/1/2022-S. RLS.

Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf.
1st House 2nd House Cone. Enrolled Vetoed Chaptered
Summary: Would, commencing January 1, 2025, require that a council of governments, a delegate subregion, or the Department of Housing and Community Development, as applicable, additionally consider among these factors emergency evacuation route capacity, wildfire risk, sea level rise, and other impacts caused by climate change.

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
AB 1551 ( Santiago D) Planning and zoning: development bonuses: mixed-use projects.

Introduced: 2/19/2021
Last Amend: 1/13/2022
Location: 1/27/2022-S. RLS.

Desk Polic Fiscal Floor Desk • t>olic Fiscal Floor Conf. lst House 2nd House Cone. Enrolled Vetoed Chaptered
3-15-22 / 9E-9

Page 4 ends

Summary: The Density Bonus Law requires a city or county to provide a devel fP.Xll.l!~Blo/OAoses a housing development with in the city or county with a density bonus and other mcenc1ves or concessions, as specified, if the developer agrees to construct specifi ed percentag es of units for lower income, very low income, or senior citizen housing, among other things, and meets other requirements. Previously existing law, until January 1, 2022, required a city, county, or city and county to grant a commercial developer a development bonus, as specified, when an ap plicant for approval of a com mercial development had entered into an agreement for partnered housing with an affordable housing developer to contribute affordable housing through a j oint proj ect or 2 separate projects encompassing affordable housing . This bi ll wou ld reenact the above-described provisions regarding the granting of development bonuses to certain projects. The bill would require a city or county to annually submit to the Department of Housing and Community Development information describing an approved commercial development bonus. The bill would repeal these provisions on January 1, 2028.

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
AB 1645 ( Petrie-Norris D) State parks: concession contracts: Crystal Cove State Park.

Introduced: 1/12/2022
Last Amend: 2/14/2022
Location: 1/20/2022-A. W.,P. & W.

Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.

Summary: Current law authorizes the Department of Parks and Recreation to enter into contracts with natural persons, corporations, partnerships, and associations for the construction, maintenance, and operation of concessions within units of the state park system. This bill would authorize the existing concession agreement to be replaced with a new concession agreement that may be awarded to the current concessionaire, the Crystal Cove Management Company, for up to 55 years in length for the construction, development, and operation of multiple-unit lodging facilities at Crystal Cove State Park in connection with federal historic tax credits allowed as a result of the construction, development, and operation of these facilities.

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
AB 1938 (Friedman D) Transit and Intercity Rail Recovery Task Force.

Introduced: 2/10/2022
Last Amend: 3/7/2022
Location: 3/3/2022-A. TRANS.

Desk Polic Fiscal Floor Desk Polic Fiscal · Floor Conf. lst House 2nd House • Cone. En rolled Vetoed Chaptered
Summary: Current law provides for the funding of public transit and intercity rail, including under the Transportation Development Act. This bill would require the Secretary of Transportation, on or before July 1, 2023, to establish and convene the Transit and Intercity Rail Recovery Task Force to include representatives from the department and various local agencies, academic institutions, and nongovernmental organizations. The bill would require the task force to develop a structured, coordinated process for early engagement of all parties to develop policies to grow transit and intercity rail ridership and improve transit and intercity rail operations for users of those services.

Organization Position Priority Assigned
San Clemente Watch 3 Marc Aprea
AB 1944 {Lee D) Local government: open and public meetings.

Introduced: 2/10/2022
Location: 2/18/2022-A. L. GOV.

Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: Current law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. Current law, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with those specified teleconferencing requirements in specified circumstances when a declared state of emergency is in effect, or in other situations related to public health. This bill would specify that if a member of a legislative body elects to teleconference from a location that is not public, the address does not need to be identified in the notice and agenda or be accessible to the public when the legislative body has elected to allow members to participate via teleconferencing.

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea

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AB 1953 ( Maienschein D) Drinking water: accessible water bottle refill stations. EXHIBIT A Introduced: 2/10/2022
Last Amend: 2/28/2022
Location: 2/24/2022-A. E.S. & T.M.

Desk Polic Fiscal Floor Des k Polic Fiscal Floor Conf. E II d V t d Ch t d 1st House 2nd House Cone. nro e e oe ap ere
Summary: Would require, by January 1, 2025, the owner or operator of a transit hub, local park, public bui lding, publicly owned building, shopping mall, or municipal golf course to install and maintain at least one, or maintain at least one existing, accessible water bottle refill station, as prescribed. The bill would also require those owners and operators that have a water bottle refill station that is not accessible to upgrade, by January 1, 2025, the water bottle refill station to an accessible water bottle refill station.

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
AB 2160 ( Bennett D) Coastal resources: coastal development permits: fees.

Introduced: 2/15/2022
Location: 2/24/2022-A. NAT. RES.

Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. E II d V t d Ch t d 1st House 2nd House Cone. nro e e oe ap ere
Summary: Current law, the California Coastal Act of 1976, requires any person wishing to perform or undertake any development in the coastal zone, as defined, in addition to obtaining any other permit required by law from any local government or from any state, regional, or local agency, to obtain a coastal development permit, as provided. The act further provides for the certification of local coastal programs by the California Coastal Commission. The act prohibits the commission, except as provided, from exercising its coastal development permit review authority, as specified, over any new development within the area to which the certified local coastal program, or any portion thereof, applies. Current law requires a local government, if it has been delegated authority to issue coastal development permits, to recover any costs incurred from fees charged to individual permit applicants .

Current law authorizes the local government to elect to not levy fees, as provided. This bill would, at the request of an applicant for a coastal development permit, authorize a city or county to waive or reduce the permit fee for specified projects. The bill would authorize the applicant, if a city or county rejects a fee waiver or fee reduction request, to submit the coastal development permit application directly to the commission.

Organization
San Clemente
Position
Watch
Priority
3 AB 2217 ( Reyes D) CalHome Program: grant allocation.

Introduced: 2/15/2022
Location: 2/24/2022-A. H. & C.D.

Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. E II d V t d Ch t d 1st House 2nd House Cone. nro e e oe ap ere
Summary: Current law establishes the CalHome Program, administered by the Department of Housing and Community Development, to support existing home ownership programs aimed at lower and very low income households, among other purposes. Under the CalHome program, the department issues grants and loans to local public agencies and nonprofit corporations for specified purposes, including the construction of home ownership units. This bill would require the department to set higher per unit and total project allocations for new construction of home ownership units in high-cost areas .

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
AB 2237 ( Friedman D) Regional transportation plan: Active Transportation Program.

Introduced: 2/16/2022
Location: 3/3/2022-A. TRANS.

Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd_ House one.

Summary: Current law requires the Strategic Growth Council, by January 31, 2022, to complete an overview of the California Transportation Plan and all sustainable communities strategies and alternative planning strategies, an assessment of how implementation of the California Transportation Plan, sustainable communities strategies, and alternative planning strategies will influence the configuration of the statewide integrated multimodal transportation system, and a review of the potential impacts and opportunities for coordination of specified funding programs. This bill would require the council to convene key state agencies, metropolitan planning agencies, regional transportation agencies, and local governments to assist the council in completing the report.

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Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
AB 2305 ( Grayson D) Housing Finance: Coordinated Housing Finance Committee.

I ntroduced: 2/16/2022
Location: 3/3/2022-A. H. & C. D.

EXHIBIT A
, Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. 1st House 2nd Hou;e • • Cone. , Enrolled Vetoed Chaptered Summary: Would establish the Coordinated Affordable Housing Finance Committee and would require that the committee be comprised of representatives from the Department of Housing and Community Development, the California Housing Finance Agency, the California Tax Credit Allocation Committee, the Treasurer, and the Controller. This bill would require the committee to allocate state-controlled resources for the finance of affordable rental housing, as defined, through a single process and competition. This bill would require the committee to develop an application, threshold requirements, a rating and ranking system, as specified, for applicants seeking these resources. This bill would authorize the committee to adopt, amend, or repeal rules and regulations for the allocation of statecontrolled resources for the finance of affordable rental housing that take effect immediately upon adoption. This bill would provide that the adoption, amendment, or repeal of these rules and regulations is not subject to the rulemaking provisions of the Administrative Procedure Act but would require the committee to follow specified procedures pursuant to the adoption of the rules and regulations .

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
AB 2334 ( Wicks D) Density Bonus Law: affordability: incentives or concessions in low vehicle travel areas: parking standards: definitions.

Introduced: 2/16/2022
Location: 3/3/2022-A. H. & C.D.

Desk Polic Fiscal Floor Desk Polic Fiscal. Floor. Conf. E II d V t d Ch t d 1st House 2nd House • Cone. nro e e oe ap ere
Summary: Current law, referred to as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development within the city or county with a density bonus and other incentives or concessions, as specified, if the developer agrees to construct specified percentages of units for lower income, very low income, or senior citizen housing, among other things, and meets other requirements. Existing law requires that an applicant agree to, and the city, county, or city and county ensure, the continued affordability of all very low and low-income rental units that qualified the applicant for a density bonus, as provided. This bill, with respect to the affordability requirements applicable to 100% lower income developments, would instead require the rent for the remaining units in the development be set at an amount consistent with the maximum rent levels for lower income households, as those rents and incomes are determined by CTCAC. The bill, with regard to the enforcement of equity sharing agreements for for-sale units, would also permit the local government to defer to the recapture provisions of the public funding source. The bill would also make a technical change to the Density Bonus Law by deleting duplicative provisions relating to for-sale units subject to the above-described provisions .

Organization
San Clemente
Position
Watch
Priority
3 AB 2348 ( Mullin D) Sea level rise planning: database.

Introduced: 2/16/2022
Location: 2/16/2022-A. PRINT
Assigned
Marc Aprea
Desk Polic . Fiscal Floor Desk Polic Fiscal Floor. Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: Current law requires, on or before January 1, 2016, and until January 1, 2023, the Natural Resources Agency, in collaboration with the Ocean Protection Council, to create, update biannually, and post on an internet website a Planning for Sea Level Rise Database describing steps being taken throughout the state to prepare for, and adapt to, sea level rise. This bill would make a nonsubstantive change to this provision.

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
AB 2386 ( Bloom D) Planning and zoning: tenancy in common subject to an exclusive occupancy agreement.

Introduced: 2/17/2022
Location: 3/3/2022-A. L. GOV.

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Desk Polic Fiscal Floor Desk ' Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House . _ . Cone. _
Summary: Current law provides for the adoption and administration of zoning laws, ordinances, rules, and regulations by counties and cities, as specified. Current law authorizes the legislative body of any county or city to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, including agriculture, recreation, enjoyment of scenic beauty, use of natural resources, and other purposes. This bill would specify that regulation, by ordinance, of the design and improvement of any multifamily property held under a tenancy in common subject to an excl usive occupancy agreement, as defined, is vested in the legislative body of the local agency.

Organization
San Clemente
Position
Watch
Priority
3 AB 2395 (Gallagher R) Land use: Subdivision Map Act.

Introduced: 2/17/2022
Location: 2/17/2022-A. PRINT
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: The Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and of any land outside its boundaries that relates to its planning, and provides for the adoption and administration of zoning laws, ordinances, rules, and regulations by counties and cities.

The Subdivision Map Act within the Planning and Zoning Law generally requires local agencies to control and regulate the subdivision of parcels of real property. This bill wo uld make non substantive changes to the provision establishing the title of the Subdivision Map Act.

Organization Position Priority Assigned
San Clemente Watch 3 Marc Aprea
AB 2432 ( Muratsuchi D} Neighborhood electric vehicles: County of Los Angeles: South Bay cities area.

Introduced: 2/17/2022
Location: 3/3/2022-A. TRANS.

Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. E II d V t d Ch t d 1st House 2nd House Con_c. nro e e oe ap ere
Summary: Current law imposes certain restrictions on the use of low-speed vehicles on public streets and highways, and generally requires an operator of a low-speed vehicle to have a driver's license. A low-speed vehicle is also known as a neighborhood electric vehicle (NEV). A violation of the Vehicle Code is an infraction, unless otherwise specified. Current law authorizes certain local agencies to establish a NEV transportation plan subject to certain requirements. A person operating a NEV in a plan area in violation of certain provisions is guilty of an infraction punishable by a fine not exceeding $100. This bill would authorize the County of Los Angeles or any city in the county to establish a similar NEV transportation plan for a plan area that may include any applicable portion of the county or city located within the jurisdiction of the South Bay Cities Council of Governments, as specified, subject to the same penalties .

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
AB 2445 (Gallagher R} California Environmental Quality Act: affordable housing: judicial review: bonds.

Introduced: 2/17/2022
Location: 3/3/2022-A. NAT. RES.

Desk -Polic Fiscal Floor Desk Polic • Fiscal Floor Conf. Enrolled Vetoed Cha tered 1st House 2nd House Cone. p
Summary: CEQA requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA establishes a procedure by which a person may seek judicial review of the decision of the lead agency made pursuant to CEQA. This bill would require a person seeking judicial review of the decision of a lead agency made pursuant to CEQA to carry out or approve an affordable housing project to post a bond of $500,000 to cover the costs and damages to the affordable housing project incurred by the respondent or real party in interest. The bill would authorize the court to waive or adjust this bond requirement upon a finding of good cause to believe that the requirement does not further the interest of justice.

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
AB 2449 ( Rubio, Blanca D) Open meetings: local agencies: teleconferences.

Page 8 ends

3-15-22 I 9E-13
Introduced: 2/ 17/2022
Location: 3/3/2022-A. L. GOV. EXHIBIT A
' Desk Polle Fiscal ftoor D~sk ' Policy Fiscaifloor Conf. Enrolled Vetoed Chaptered 1st House _ 2nd ljouse • Cone.

Summary: Current law, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with specified teleconferencing requ irements in specified circumstances when a declared state of emergency is in effect, or in other situations related to public health. This bill wou ld aut horize a loca l agency to use teleconferencing without complying wit h those specifi ed teleconferenci ng requirements if at least a quorum of t he members of the legislative body participates in person from a singular location clea rly identified on t he agenda that is open to the public and situated with in the loca l agency's jurisdiction. The bill would impose prescribed requirements fo r t his exception relating to notice, agendas, the means and manner of access, and procedures for disruptions. The bill would require the legislative body to implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with federal law.

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
AB 2531 ( Grayson D) Housing data: collection and reporting.

I ntroduced: 2/17/2022
location: 2/17/2022-A. PRINT
Desk Policy Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: Current law requires a city, county, or special district that has an internet website to make specified information available on its internet website, as applicable, including a current schedule of fees, exactions, affordability requirements it has imposed that are applicable to a proposed housing development project, and an archive of impact fee nexus studies, cost of service studies, or equivalent, conducted by that city, county, or special district on or after January 1, 2018. Current law requires a city, county, or special district t o update this information within 30 days of any changes. This bill would instead req uire a city, county, or special district that ha s an intern et website t o creat e a landing page with links to the specified information on its website, as applicable. This bill would also make a nonsubstantive change t o these provisions.

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
AB 2536 ( Grayson D) Development fees: connection fees and capacity charges: studies.

I ntroduced: 2/1 7/2022
l ocation: 2/17/2022-A. PRINT
, Desk Polic Fiscal Floor Desk Polic _Fiscal Floor, Conf . . Enrolled . Vetoed 1st House 2nd House Cone. . . Chaptered
Summary: Current law requires a local agency that conducts an impact fee nexus study to follow certain standards and practices, as specified . Current law also requires a local agency to hold at least one open and public meeting prior to levying a new fee or service charge, as specified . This bill would, on and after January 1, 2023, require a local agency that imposes fees for water connections or sewer connections, or imposes capacity charges, as provided, and that conducts a study to support the estimate of the reasonable cost of providing the service to follow certain standards and practices, as defined and specified.

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
AB 2561 ( Grayson D) Department of Housing and Community Development.

Introduced: 2/17/2022
Location: 2/17/2022-A. PRINT
• Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd H_ouse _ Cone.

Summary: The Zenovich-Moscone-Chacon Housing and Home Finance Act establishes the Department of Housing and Community Development. Existing law requires the department to develop and publish on its internet website an annual report that includes specified information regarding land use oversight actions related to housing, including the median time between the initiation of each oversight action and its resolution. This bill would make a nonsubstantive change to the report provisions.

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea

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AB 2575 ( Carrillo D) Special Occupancy Parks Act: lots.

I ntroduced: 2/18/2022
Location: 2/18/2022-A. PRINT

EXHIBIT A
Desk Polic . Fiscal Floor Desk Polic Fi.seal Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.

Summary: Current law requires the Department of Housing and Community Development to adopt regulations to govern the construction, maintenance, occupancy, and use of special occupancy parks, as defined, and lots within the parks. Current law requires the regulations to establish standards and requirements that protect the health, safety, and general welfare of the occupants and residents of parks. This bill would make a nonsubstantive change to those provisions .

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
AB 2593 ( Boerner Horvath D) Coastal resources: coastal development permits: blue carbon projects.

Introduced: 2/18/2022
Location: 2/18/2022-A. PRINT
. Desk Polic FiscaJ Floor Desk Polic Fiscal Floor ' Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.

Summary: Would require the California Coastal Commission to require an applicant with a public project, as defined, seeking a coastal development permit to, where feasible, also build or contribute to a blue carbon project, as defined. The bill would provide that, when possible, existing state grant programs may be used to fund, and give funding priority to, blue carbon projects to the extent not in conflict with the grant program, as provided.

Organization
San Clemente
Position
Watch
Notes: Requested factsheet.

Priority
3 Assigned
Marc Aprea
AB 2625 (Ting D) Surplus land: public park and recreational purposes: development.

Introduced: 2/18/2022
Location: 2/18/2022-A. PRINT
Desk Polic Fiscal Floor Desk Polic; Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: Current law requires land retained or transferred for public park and recreational purposes by a local agency to be developed within 10 years and used for at least 25 years, following the retention or transfer for those purposes in accordance with the general plan for the city or county in which the land is located. Current law otherwise requires the land to be sold by the local agency and the funds received from the sale to be used for highway purposes. Existing law also provides that if the land originally had been transferred for those purposes, it shall revert to the original acquiring local agency for the sale. This bill would instead require land retained or transferred for public park and recreational purposes, in the above-described circumstances, to be developed within 5 years and used for at least 30 years following the retention or transfer for those purposes.

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
AB 2630 ( O'Donnell D) Housing: California Interagency Council on Homelessness: report.

Introduced: 2/18/2022
Location: 2/18/2022-A. PRINT . . .

Desk Polic Fiscal Floor Desk Policy Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

Summary: Current law establishes various programs to assist local governments in addressing homelessness, such as the Homeless Emergency Aid Program and the Homeless Housing, Assistance, and Prevention program. This bill would require each city, county, and city and county that has used funds from any source to assist in addressing homelessness to submit a report to the California Interagency Council on Homelessness providing specified information, thereby imposing a statemandated local program.

Organization
San Clemente
Position
Watch
Priority
3 AB 2631 ( O'Donnell D) Government Claims Act.

Introduced: 2/18/2022
Location: 2/18/2022-A. PRINT
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf.

Cone. Enrolled Vetoed Chaptered 1st House 2nd House

Page 10 ends

3-15-22 I 9E-15
Summary: The Government Claims Act establishes the liability and immunity ofJa)(Lf!IIJR1fJti¼ for its acts or omissions that cause harm to persons. This bill would provide that a pubTi c entity is (iable for injury relating to the effects of that public entity's homelessness policies on another public entity.

Organization
San Clemente
Position
Watch
Priority
3 AB 2647 ( Levine D) Local government: open meetings.

Introduced: 2/18/2022
Location: 2/18/2022-A. PRINT
Assigned
Desk Polic Fiscal Floor Desk Polic ' Fiscal Floor Conf. , E II d V t d h 1-------- ....... ...,_ _ _ ..__ ____ ,___"'""'" ___ ___,.__. - -,i nro e e oe C aptered 1st House 2nd Hou_se Cone.

Summary: The Ralph M. Brown Act requires the meetings of the legislative body of a local agency to be conducted openly and publicly, with specified exceptions . Current law makes agendas of public meetings and other writings distributed to the members of the governing board disclosable public records, with certain exceptions. Current law requires a local agency to make those writings distributed to the members of the governing board available for public inspection at a public office or location that the agency designates. This bill would instead require a local agency to make those writings distributed to the members of the governing board available for public inspection at a public office or location that the agency designates or post the writings on the local agency's internet website in a position and manner that makes it clear that the writing relates to an agenda item for an upcoming meeting.

Organization
San Clemente
Position
Watch
Priority
3 AB 2677 ( Gabriel D) Information Practices Act of 1977.

Introduced: 2/18/2022
Location: 2/18/2022-A. PRINT
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: The Information Practices Act of 1977 prescribes a set of requirements, prohibitions, and remedies applicable to agencies, as defined, with regard to their collection, storage, and disclosu re of personal information, as defined. Current law exempts from the provisions of the act counties, cities, any city and county, school districts, municipal corporations, districts, political subdivisions, and other local public agencies, as specified. This bill would recast those provisions to remove that exemption for local agencies and include, among other thi ngs, genetic information, IP address, online browsing history, and location information within the definition of "personal information" for the act's purposes.

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
AB 2957 (Committee on Local Government) Local government: reorganization.

Introduced: 3/2/2022
Location: 3/2/2022-A. PRINT
Desk Polic , Fiscal · Floor [)~sk Polic Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House ~one.

Summary: The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 provides the authority and procedure for the initiation, conduct, and completion of changes of organization, reorganization, and sphere of influence changes for cities and districts, as specified. Current law requires that an applicant seeking a change of organization or reorganization to submit a plan for providing services within the affected territory. Current law requires a petitioner or legislative body desiring to initiate proceedings to submit an application to the executive officer of the local agency formation commission, and requires the local agency formation commission, with regard to an application that includes an incorporation, to immediately notify all affected local agencies and any applicable state agency, as specified. This bill would define the term "successor agency," for these purposes to mean the local agency a commission designates to wind up the affairs of a dissolved district.

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
SB 6 ( Caballero D) Local planning: housing: commercial zones.

Introduced: 12/7/2020
Last Amend: 8/23/2021
Location: 9/10/2021-A. 2 YEAR
Desk Polic Fiscal Floor Desk 2 ear Fiscal Floor Conf.
1st House 2nd House Cone. Enrolled Vetoed Chaptered

Page 11 ends

3-15-22 I 9E-16
SB 349
SB 555
SB 852
SB 867
Summary: The Planning and Zoning Law requires each county and city to adoi:f:~fqmr.fh~sive, long-term general plan for its physical development, and the development of cerfo'in lane.ls outside its boundaries, that includes, among other mandatory elements, a housing element. This bill, the Neighborhood Homes Act, would deem a housing development project, as defined, an allowable use on a neighborhood lot, which is defined as a parcel within an office or retail commercial zone that is not adjacent to an industrial use. The bill would require the density for a housing development under these provisions to meet or exceed the density deemed appropriate to accommodate housing for lower income households according to the type of local jurisdiction, including a densit y of at least 20 units per acre for a suburban j urisdiction.

Organization Position Priority
San Clemente Watch 3
Assigned
Marc Aprea
( Umberg D) California Ethical Treatment for Persons with Substance Use Disorder Act.

Introduced: 2/9/2021
Last Amend: 2/22/2022
Location: 2/1/2022-A. THIRD READING
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: Would create the California Ethical Treatment for Persons with Substance Use Disorder Act to provide protection for substance use disorder treatment clients and their families. The bill would declare the intent for its provisions to be construed in favor of maximizing protections for clients, families, and their communities . The bill would impose requirements and proscribe unlawful acts relating to marketing and advertising with respect to treatment providers, as defined by the bi ll. The bill would require a treatment provider doing business in the state to adopt a client bill of rights for persons receiving treatment for substance use disorder, as specified, and to make the bill of rights available to all clients and prospective clients .

Organization
Sa n Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
( McGuire D) Local agencies: transient occupancy taxes: short-term rental facilitator: collection.

Introduced: 2/ 18/2021
Last Amend: 7/14/202 1
Location: 8/27/2021-A. 2 YEAR
Desk Polic Fiscal Floor Desk Polic 2 ear' Floor Conf. E II d V t d Ch t d 1st House 2nd House Cone. nro e e oe ap ere
Summary: Would authorize a loca l agency, defined to mean a city, county, or city and cou nty, including a cha rter city, county, or city and county, to enact an ordinance exclusively delegating its authority to collect any transient occupancy tax imposed by that local agency on short-term rentals to the Ca liforn ia Department of Tax and Fee Administration and to enter into a contract with the department for purposes of registration, rate posting, collection, and transmission of revenues necessary to collect and administer any transient occupancy tax imposed on a short-term rental as specified in this bill.

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
( Dodd D) Climate resilience districts: format ion: funding mechanisms.

Introduced: 1/18/2022
Location: 1/26/2022-S. GOV. & F.

Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. E II d V t d Ch t d 1st House 2nd House Cone. nro e e oe ap ere
Summary: Current law authorizes certain local agencies to form a community revitalization authority (authority) within a community revitalization and investment area, as defined, to carry out provisions of the Community Redevelopment Law in that area for purposes related to, among other things, infrastructure, affordable housing, and economic revitalization. Existing law provides for the financing of these activities by, among other things, the issuance of bonds serviced by property tax increment revenues, and requires the authority to adopt a community revitalization and investment plan for t he community rev italization and investment area that includes elements describing and governing revitalization activities . This bill would authorize a city, county, city and county, special district, or a combination of any of those entities to form a climate res ilience district for the purposes of raising and allocating funding for eligible proj ects and the operating expenses of eligible projects . The bill would define "eligible project" for these purposes.

Organization
San Clemente
Position
Watch
Notes: Received factsheet.

Priority
3 { Laird D) Sea level rise planning: database.

Assigned
Marc Aprea

Page 12 ends

3-15-22 I 9E-17
SB 948
Introduced: 1/24/2022
Location: 3/8/2022-S. APPR.
i Desk Polic Fiscal Floor Desk Polic Fiscal floor Conf. 1 Enrolled Vetoed 1st House 2nd H91Jse Cone.

EXHIBIT A
Chaptered
Summary: Current law requires the Natural Resources Agency, in collaboration with the Ocean Protection Council, to create, update biannually, and post on an internet website a Planning fo r Sea Level Rise Database describing steps being taken throughout the state to prepare for, and adapt to, sea level rise. Current law further requires that various public agencies and private entities provide to the agency, on a biannual basis, sea level rise planning information, as defined, that is under the control or jurisdiction of the public agencies or private entities, and requires the agency to determine the information necessary for inclusion in the database, as prescribed. Current law repeals these provisions on January 1, 2023.This bill would extend the sunset date for the above provisions until January 1, 2028.

Organization
San Clemente
Position
Watch
Notes: Factsheet received.

Priority
3 Assigned
Marc Aprea
( Becker D) Housing finance programs: development reserves.

Introduced: 2/9/2022
Last Amend: 3/3/2022
Location: 2/16/2022-S. HOUSING
Desk Poli Fiscal · Floor Desk Polic Fiscal Floor Conf. E 11 d 1st House 2nd House • Cone. nro e Vetoed Chaptered
Summary: Under current law governing the State Community Development Block Grant Program, the Department of Housing and Community Development is required to distribute funds made available under the program in order to provide decent housing, a suitable living environment, and expand economic opportunities, consistent with federal requirements. Current federal law also establishes the HOME Investment Partnership Program to, among other things, expand the supply of affordable housing . Current law designates the department as the state agency responsible for administering the HOME Investment Partnership Act. This bill would prohibit the department from requiring a projectspecific transition reserve, as defined, for any unit subject to a qualified project rental or operating subsidy. This bill would create the Pooled Transition Reserve Fund and would continuously appropriate moneys in that fund to the department for the purpose of maintaining a pooled transition reserve to mitigate the impacts on tenant rents from the loss or exhaustion of rental or operating subsidies .

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
SB 1036 ( Newman D) Orange County Conservation Corps: California Ocean Corps.

Introduced: 2/15/2022
Location: 2/23/2022-S. N.R. & W.

Desk Polic Fiscal Floor ' Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: Would authorize the Orange County Conservation Corps to establish and implement the California Ocean Corps in order to organize and provide opportunities for young people to contribute to meaningful and technically skilled ocean conservation work, as provided, in the County of Orange.

This bill would repeal these provisions on January 1, 2027. The bill would appropriate $12,000,000 to the Orange County Conservation Corps for these purposes.

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
SB 1067 ( Portantino D) Housing development projects: automobile parking requirements.

Introduced: 2/15/2022
Location: 2/23/2022-S. GOV. & F.

Desk Polic Fiscal .floor Desk · Polic Fiscal Floor Conf. E II d V t d Ch t d 1st House 2nd House • Cone. nro e e oe ap ere
Summary: Would prohibit a city with a population greater than 200,000 from imposing any minimum automobile parking requirement on a housing development project that is located within 1/2 mile of public transit, as defined, and that either (1) dedicates 75% of the total units to low- and very low income households, the elderly, or persons with disabilities or (2) the developer demonstrates to the local agency that the development would not have a negative impact on the local agency's ability to meet specified housing needs and would not have a negative impact on traffic circulation or existing residential or commercial parking within 1/2 mile of the project. By changing the duties of local planning officials, this bill would impose a state-mandated local program.

Organization Position Priority Assigned

Page 13 ends

3-15-22 I 9E-18
San Clemente Wat ch
Notes: Requested factsheet.
3 Marc Aprea EXHIBIT A
SB 1077 ( Bates R) Coastal resources: nonnative plants: removal and restoration.

Introduced: 2/15/2022
Location: 2/23/2022-S. N.R. & W.

Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. 1 t H 2 d H • •• C Enrolled Vetoed Chaptered s ouse n ouse one.

Summary: The California Coastal Act of 1976 requires construction that alters natural shoreline processes to be permitted by the California Coastal Commission or a local government with an approved local coastal program when required to serve coastal-dependent uses or to protect existing structures or public beaches in danger from erosion and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. Current law establishes the Natural Resources Agency and vests in the agency various powers, including those related to conservation of lands. This bill would require the agency to identify native plant species for each area within the coastal hazard mitigation zone, as defined, that are drought resistant and can withstand local soil conditions. The bill would appropriate $7,000,000 from the General Fund to the agency for purposes of providing grants to local governments, nonprofit organizations, or property owners for the removal of nonnative plants and replacement with, or restoration of, native plants, as provided.

Organization Position Priority Assigned
San Clemente Watch 3 Marc Aprea
SB 1078 ( Allen D) Sea Level Rise Revolving Loan Pilot Program.

Introduced: 2/15/2022
Location: 2/23/2022-S. N.R. & W.

Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. E II d V t d Ch t d 1st House 2nd House Cone. nro e e oe ap ere
Summary: Would require the Ocean Protection Council, in consultation with the State Coastal Conservancy, to develop the Sea Level Rise Revolving Loan Pilot Program for purposes of providing low-interest loans to local jurisdictions for the purchase of coastal properties in their jurisdictions identified as vulnerable coastal property located in specified communit ies, including low-income communities, as provided. The bill would require the council, before January 1, 2024, in consultation with other state planning and coastal management agencies, as provided, to adopt guidelines and eligibility criteria for the program. The bill would authorize specified local jurisdictions to apply for, and be awarded, a low-interest loan under the program from the conservancy, in consultation with the council, if the local jurisdiction develops and submits to the conservancy a vulnerable coastal property plan and completes all other requirements imposed by the council . The bill would require the conservancy, in consultation with the council, to review the plans to determine whether they meet the required criteria and guidelines for vulnerable coastal properties to be eligible for participation in the program. This bill contains other related provisions.

Organization
San Clemente
Position
Watch
Priority
3 SB 1100 ( Cortese D) Open meetings: orderly conduct.

Introduced: 2/16/2022
Location: 2/23/2022-S. GOV. & F.

Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. E II d V t d Ch t d 1st House 2nd House · , Cone. nro e e oe ap ere
Summary: Would authorize the members of the legislative body conducting a meeting to remove an individual for willfully interrupting the meeting. The bill, except as provided, would require removal to be preceded by a warning, either by the presiding member of the legislative body or a law enforcement officer, that the individual is disrupting the proceedings and a request that the individual curtail their disruptive behavior or be subject to removal. The bill would similarly require a warning before clearing a meeting room for willful interruptions by a group or groups. The bill would define "willfully interrupting" to mean intentionally engaging in behavior during a meeting of a legislative body that substantially impairs or renders infeasible the orderly conduct of the meeting in accordance with law. The term would include failure to comply with a reasonable regulation adopted in accordance with existing law after a warning and request in accordance with the bill, as applicable. By establishing new requirements for local legislative bodies, this bill would impose a state-mandated program.

Organization
San Clemente
Position
Watch
SB 1252 (Committee on Housing) Housing.

Introduced: 2/17/2022
Location: 3/2/2022-S. HOUSING
Priority
3 Assigned
Marc Aprea

Page 14 ends

3-15-22 / 9E-19
Desk Polic F[scal Floor Desk Policy Fis cal _Floor, Conf. Enrolled Vetoed 1st House 2nd House _ , Co1!c . __ _
Summary: Current law authorizes a city or county that created a subsequently dissolved redevelopment agency to elect to retain the housing assets and fu nctions previously performed by th e agency, which entity is referred to as a housing successor. Current law requires that if all or any portion of a redevelopment project was developed with low- or moderate-income housing units and those units were developed with any agency assistance or pursuant to specified provisions, the agency or its successor shall require, by contract, that the housing be made available for rent or purchase to the persons and families of low or moderate income displaced by the redevelopmen t project and to persons of low or moderate income who are descendants of the person displaced by the redevelopment project and who, at the time of displacement, were not living in the household or had not yet been born, as specified. This bill would additionally require that the housing be made available to those persons and families described above if they meet the income eligibility and other requirements for that housing, and would make other conforming changes .

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
SB 1 284 ( Bates R) Homelessness: state programs: Housing First.

Introduced: 2/18/2022
Location: 3/2/2022-5. HUM. S.

Desk Polic Fiscal Floor Desk Polic Fiscal . Floor Conf. Enrolled V t d Ch d 1st House 2nd House . Cone. e oe aptere
Summary: Current law requires agencies and departments administering state programs to adopt guidelines and regulations to incorporate core components of Housing First, as defined. Current law defines "state programs" for this purpose as any program a California state agency or department funds, implements, or administers for the purpose of providing housing or housing-based services to people experiencing homelessness or at risk of homelessness, except as provided . This bill would delete the above-described requirements for state agencies to adopt guidelines and regulations to incorporate core components of Housing First.

Organization Position Priority
San Clemente Watch 3
Assigned
Marc Aprea
SB 13 53 ( Wilk R) Homeless population census information: collection and reporting.

Introduced: 2/18/2022
Location: 2/18/2022-S. RLS.

Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.

Summary: Current law creates the California Interagency Council on Homelessness and requires departments administering state programs created on or after July 1, 2017, to collaborate with the council for the purpose of adopting guidelines and regulations to incorporate core components of Housing First. Current law defines "Housing First" as an evidence-based model that uses housing as a tool, rather than a reward, for recovery and that centers on providing or connecting homeless people to permanent housing as quickly as possible. Under current law, Housing First providers offer services as needed and requested on a voluntary basis and do not make housing contingent on participation in services. This bill would require a local government entity, as defined, to develop and maintain a publicly available internet website homelessness dashboard for prescribed purposes .

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
SB 1354 (Jones R) Design-build contracting: cities, counties, and cities and counties: compliance with the federal Americans with Disabilities Act of 1990.

Introduced: 2/18/2022
Location: 2/18/2022-S. RLS.

Desk Polic Fiscal Floor Desk Pol ic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: Would authorize a city, county, or city and county to use the design-build contracting process to award contracts for constructing projects that are necessary in order to comply with the federal Americans with Disabilities Act of 1990. By expanding design-build authority to include additional projects, the bill would expand the scope of the crime of perjury, thereby imposing a statemandated local program.

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
SB 1393 ( Archuleta D) Energy: appliances: local requirements.

Introduced: 2/18/2022

Page 15 ends

3-1 5-22 I 9E-20
.Location: 2/18/2022-S. RLS. EXH BIT
• Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.

Summary: Current law requires the State Energy Resources Conservation and Development Commission to take specified actions to reduce the wasteful, uneconomic, inefficient, or unnecessary consumption of energy, including the energy associated with the use of water, and to manage energy loads to help maintain electrical grid reliability. This bill would require a city, including a charter city, or county to submit an application to, and receive approval from, the commission before the city or county could require that a fossil fuel-fired appliance be replaced with an electric appliance upon the alteration or retrofit of a residential or nonresidential building, except when the requirement includes specified exemptions, as specified.

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
SB 1489 (Committee on Governance and Finance) Local Government Omnibus Act of 2022.

Introduced: 2/28/2022
Location: 2/28/2022-S. RLS.

Desk Polic Fiscal Floor Desk Polic Fiscal . Floor Conf. E II d V t d Ch t d 1st House -2nd House - , Cone. nro e e oe ap ere
Summary: Current law sets forth requirements for the passage of city ordinances. Current law requires ordinances to be read in full either at the time of introduction or passage except when, after reading the title, further reading is waived by regular motion adopted by majority vote of the legislative body. This bill would provide that a reading of the title or ordinance is not required if the title is included on the published agenda and a copy of the full ordinance is made available to the public online and in print at the meeting prior to the introduction or passage.

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
_____ P_e_n_d_in~g q ty Council Position
AB 1909 ( Friedman D) Vehicles: bicycle omnibus bill.

Introduced: 2/9/2022
Location: 2/18/2022-A. TRANS.

Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

Summary: Current law prohibits the operation of a motorized bicycle or a class 3 electric bicycle on a bicycle path or trail, bikeway, bicycle lane, equestrian trail, or hiking or recreational trail, as specified.

Current law authorizes a local authority to additionally prohibit the operation of class 1 and class 2 electric bicycles on these facilities. This bill would remove the prohibition of class 3 electric bicycles on these facilities and would remove the authority of a local jurisdiction to prohibit class 1 and class 2 electric bicycles on these facilities. The bill would instead authorize a local authority to prohibit the operation of a class 3 electric bicycle at a motor-assisted speed greater than 20 miles per hour. This bill contains other related provisions and other existing laws.

Organization Position Priority Assigned
San Clemente Watch Pending City Marc Aprea
Council Position
Notes: Received factsheet.

AB 1946 ( Boerner Horvath D) Electric bicycles: safety and training program.

Introduced: 2/10/2022
Location: 2/18/2022-A. TRANS.

Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: Current law requires the Department of Transportation to develop safety standards in connection with the use of bicycles, including the establishment of minimum safety design criteria for the planning and construction of specified types of bikeways and roadways where bicycle travel is permitted . This bill would require the department, in coordination with the Office of Traffic Safety, to develop, on or before September 1, 2023, statewide safety standards and training programs based on evidence-based practices for users of electric bicycles, as defined, including, but not limited to, general electric bicycle riding safety, emergency maneuver skills, rules of the road, and laws pertaining to electronic bicycles. The bill would require the safety standards and training programs to be developed in collaboration with relevant stakeholders and to be posted on the internet websites of both the department and the Office of Traffic Safety.

Page 16 ends

3-15-22 I 9E-21
Organization
San Clemente
Position
Watch
Priority
Pending City
Council Position
Assigned
Marc Aprea
AB 2177 ( Irwin D) Coastal recreation: designated state surfing reserves.

Introduced: 2/15/2022
Location: 2/24/202?-A, NAT. RES.

EXHIBIT A
: Des k Polic FjscaI; FIC>or Desk Polic Fiscal Floor Conf. lst House 2nd House Cone. Enrolled Vetoed Chaptered
Summary: The California Coastal Act of 1976 requires oceanfront land suitable for recreational use to be protected for recreational use and development unless present and foreseeable future demand for public or commercial recreational activities that could be accommodated on the property is already adequately provided for in the area. Current law establishes surfing as the official state sport. This bill would require, on or before __ , an unspecified state agency to establish criteria and an application process for purposes of designating an area of the coastline as a state surfing reserve, as defined .

Organization
San Clemente
Position
Watch
Priority
Pending City
Council Position
ACR 116 ( Nquyen R) California Surfing Day.

Introduced: 1/3/2022
Location: 1/6/2022-A. RLS.

Assigned
Marc Aprea
Desk Polic Fisca_1 • Floor Desk . Policy Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: Would recognize September 20, 2022, and every year on that date thereafter, as California Surfing Day to celebrate the California surfing lifestyle, would commend all those who honor the history, culture, and future of surfing, as well as the sport of surfing and the protection of our beach and ocean environments, would express support for future surfers and encourage potential surfing Olympians to work diligently, and would encourage all Californians to enjoy California Surfing Day.

Organization
San Clemente
Position
Watch
Notes: Requested factsheet.

Priority
Pending City
Council Position
s ot
Assigned
Marc Aprea
AB 1867 ( Lee D) School facilities: modernization projects: bathrooms.

Introduced: 2/8/2022
Last Amend: 3/3/2022
Location: 3/3/2022-A. ED.

Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. E II d V t d Ch t d 1st House • • 2nd 17ouse_ Cone. nro e e oe ap ere
Summary: Would require the governing board of a school district, if the governing board of the school district applies for state funding pursuant to the Greene Act for a school modernization project for a school facility constructed before January 1, 2012, to include, as part of the modernization project, faucet aerators, hand dryers, and water-conserving plumbing fixtures in all bathrooms. The bill would provide that these provisions apply only to those projects seeking funding on or after January 1, 2023, and that were submitted to the Division of the State Architect for approval on or after January 1, 2023 .

The bill also would provide that these provisions apply only to those projects that propose to renovate, repair, or modernize the interior of a school building and do not apply to projects that only propose to renovate, repair, or modernize the exterior of a school building, the school grounds, or the playing fields of a school.

Organization Position Priority Assigned
San Clemente Watch Spot Marc Aprea
Notes: Requested factsheet, will send when language is changed.

AB 1976 ( Santiago D) Housing elements.

Introduced: 2/10/2022
Location: 2/10/2022-A. PRINT

Page 17 ends

3-15-22 I 9E-22
E>esk Polic Fiscc1I Floor Desk_ Policy Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House . . Cone._ _
Summary: Current law requires a city or county to adopt a comprehensive general plan, which must include a housing element. Current law establishes a schedule for local governments to revise their housing element within specified timeframes. This bill would state the intent of the Legislature to enact legislation relating to housing enforcement.

Organization
San Clemente
Position
Watch
Priority
Spot
Assigned
Marc Aprea
AB 2118 ( Mullin D} Cities and counties.

Introduced: 2/14/2022
Location: 2/14/2022-A. PRINT
Desk Polic Fiscal Floor De?k Polic Fiscal . Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: Current law prescribes the powers and duties that are common to cities and counties, including the powers and duties of legislative bodies. Under existing law, if a statute requires a local agency to take legislative action by resolution, and the local agency's charter requires it to take legislative action by ordinance, action by ordinance is compliance with the statute for all purposes . This bill would make a nonsubstantive change to those provisions .

Organization Position
San Clemente Watch
Notes: Requested factsheet.

Priority
Spot
Assigned
Marc Aprea
AB 2472 ( Mullin D) Housing.

Introduced: 2/17/2022
Location: 2/17 /2022-A. PRINT
Desk Polic Fiscal Floor Desk Polic Fiscal · Floor Conf. Enrolled Vetoed 1st House 2nd Hous~ Cone. Chaptered
Summary: Current law declares that the Business, Consumer Services, and Housing Agency, the Department of Housing and Community Development, and the California Housing Finance Agency are responsible for carrying out state housing policies and programs. This bill would make technical, nonsubstantive changes to that provision.

Organization
San Clemente
Position
Watch
Priority
Spot
Assigned
Marc Aprea
AB 2493 (Chen R) Cities and counties.

AB 25 23
Introduced: 2/17/2022
Location: 2/17/2022-A. PRINT
Desk Polic . Fiscal Floor Desk · Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

Summary: Current law prescribes the powers and duties that are common to cities and counties, including the powers and duties of legislative bodies . Under current law, if a statute requires a local agency to take legislative action by resolution, and the local agency's charter requires it to take legislative action by ordinance, action by ordinance is compliance with the statute for all purposes . This bill would make a nonsubstantive change to those provisions.

Organization
San Clemente
Position
Watch
Notes: Requested factsheet.

Priority
Spot
( Bloom D} Local planning agencies.

Introduced: 2/17/2022
Location: 2/17/2022-A. PRINT
Assigned
Marc Aprea
Desk Polic Fiscal floor Desk ' Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd ljouse _j Cone. Chaptered
Summary: Current law authorizes 2 or more legislative bodies to create a joint area planning agency, planning commission, or advisory agency, to exercise delegated powers regarding planning, and authorizes 2 or more legislative bodies to authorize their planning agencies to meet jointly to coordinate their work, among other things . This bill would make nonsubstantive change to those provisions.

Organization
San Clemente
Position
Watch
Priority
Spot
Assigned
Marc Aprea
AB 2560 ( Bonta, Mia D) Housing.

Page 18 ends

3-15-22 / 9E-23
Introduced: 2/1 7/2022
Location: 2/17 /202 2-A. PRINT
Desk Polic: Fiscal Floor Des k F'olicy_ Fisc:aJ Floor Conf. Enrolled Vetoed 1st House _ 2ndHouse Cone.

EXHIBIT A
Chapt ered
Summary: Current law, the Planning and Zoning Law, requ ires each city, county, or city and cou nty to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. Current law requires the housing element to identify the existing and projected housing needs of all economic segments of the community. Th is bill would state the intent of th e Legislature to enact legislat ion pertaining to housing .

Organization
San Clemente
Position
Watch
AB 2615 ( Gabriel D) Local government.

Introduced: 2/18/2022
Location: 2/18/2022-A. PRINT
Priority
Spot
Assigned
Marc Aprea
: Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.

Summary: Current law establ ishes various powers and duties of local agencies, including counties, cities, and cities and counties. This bill would state the intent of the Legislature to enact su bsequent legislation relating to local government .

Organization
San Clemente
Position
Watch
Priority
Spot
Assigned
Marc Aprea
AB 2653 {Wicks D) Planning and Zoning Law: housing elements.

Introduced: 2/18/2022
Location: 2/18/2022-A. PRINT
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. E II d V t d 1st House _2nd House _c. nro e ... ~ oe Chaptered
Summary: The Planning and Zoni ng Law requires that the housing element of a city's or county's general plan consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The law requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region, as specified.This bill would make nonsubstantive changes to those provisions .

Organization
San Clemente
Position
Watch
AB 2656 (Ting D) Planning and zoning.

Introduced: 2/18/2022
Location: 2/18/2022-A. PRINT
Priority
Spot
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed , Chaptered 1st House 2nd House . Cone.·
Summary: Current law requires the planning agency of the city or county to provide to the Department of Housing and Community Development, the Office of Planning and Research, and the legislative body of the city or county, by April 1 of each year, an annual report that includes, among other things, the city or county's progress in meeting its share of the regional housing needs. This bill would require the planning agency to provide the annual report on or by March 31 of each year.

Organization Position Priority Assigned
San Clemente Watch Spot Marc Aprea
Notes: Requested factsheet.

AB 2707 ( Carrillo D) State park system: general plan information.

Introduced: 2/18/2022
Location: 2/18/2022-A. PRINT
Desk Polic _Fiscal Floor Desk Polic Fiscal ' Floor Conf.

Cone. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Under current law, the Department of Parks and Recreation controls the state park system, which is made up of units . Current law requires the department to prepare or revise a general plan for a unit, as specified, and requires the department to furnish a copy of the general plan for any unit of the state park system for which a plan has been prepared to any Member of the Legislature, upon request. This bill would make nonsubstantive changes to the latter provision.

Organization
San Clemente
Position
Watch
Priority
Spot
Assigned
Marc Aprea

Page 19 ends

3-15-22 I 9E-24
AB 2755 ( Muratsuchi D) Right to housing.

Introduced: 2/ 18/2022
Location: 2/18/2022-A. PRINT

EXHIBIT A
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.

Summary: Current law sets forth the general responsibilities and roles of the Business, Consumer Services, and Housing Agency, the Department of Housing and Community Development, and the California Housing Finance Agency in carrying out state housing policies and programs. This bill would declare the intent of the Legislature to subsequently amend this bill to include provisions that would create a personal right to housing or shelter in this state and would establish a corresponding obligation for the unhoused to seek out and utilize available local housing or shelter options.

Organization Position Priority Assigned
San Clemente Watch Spot Marc Aprea
AB 2762 ( Bloom D) Housing: parking lots.

Introduced: 2/18/2022
Location: 2/18/2022-A. PRINT
Desk Polic Fiscal _Floor Desk Polic _ Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: Current law, the Planning and Zoning Law, requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside boundaries, that includes, among other mandatory elements, a housing element. This bill would state that it is the intent of the Legislature to enact subsequent legislation that would allow local agencies to build affordable housing on parking lots that serve public parks and recreational facilities, as provided .

Organization
San Clemente
Position
Watch
Priority
Spot
Assigned
Marc Aprea
AB 2886 ( Lee D) Coastal protection: findings and declarations.

Introduced: 2/18/2022
Location: 2/18/2022-A. PRINT
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: The California Coastal Act of 1976, provides for the protection of California's coast and requires any person wishing to perform or undertake any development in the coastal zone, as defined, to obtain a coastal development permit, except as specified. The act makes various findings and declarations regarding the need to preserve the state's natural and scenic resources along the coast and ensure that development in the coastal zone is carefully planned and regulated. This bill would make nonsubstantive changes to those findings and declarations.

Organization
San Clemente
Position
Watch
Priority
Spot
Assigned
Marc Aprea
AB 2890 ( Bloom D) Property and business improvement districts.

Introduced: 2/18/2022
Location: 2/18/2022-A. PRINT
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: The Property and Business Improvement District Law of 1994, authorizes local governmental entities to levy assessments on properties and businesses within a property and business improvement district for the purpose of financing certain improvements and promoting activities that benefit property in the district. Current law requires the owners' association under contract with the local governmental entity to administer or implement activities and improvements specified in the management district plan, as defined, to prepare a report for each fiscal year for which assessments are to be levied and collected to pay the costs of the improvements and activities described in the report, as specified. This bill would make nonsubstantive changes to that reporting provision.

Organization Position
San Clemente Watch
Notes: Requested factsheet.

Priority
Spot
AB 2938 ( Daly D) Substance abuse: alcoholism and drugs.

Introduced: 2/18/2022
Location: 2/18/2022-A. PRINT
Assigned
Marc Aprea

Page 20 ends

3-15-22 I 9E-25
SB 978
Desk Pol_icy Fiscal Floor Desk Polic Fiscal, Floor Conf. Enrolled Vetoed 1st House 2nd tJe>use Cone.

Summary: Current law also defines a "recovery residence" as a res idential dwelling that provides primary housing for individuals who seek a cooperative living arrangement that supports persona l recovery from a substance use disorder and that does not require licensure pursuant to those provisions or does not provide licensable services. Current law requires a government entity that contracts with a privately owned recovery residence to provide recovery serv ices or with an alcoholism or drug abuse recovery or treatment facility to require the contractor to maintain specified insurance coverages. Th is bill would make technical, nonsubstantive changes to those provisions.

Organization
San Clemente
Position
Watch
( McGuire D) Disaster cleanup.

Introduced: 2/10/2022
Loca!ion: 2/10/2022-S. !{LS.

Priority
Spot
Assigned
Marc Aprea
Desk . Polic Fiscal floor Desk Polic: Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd _House Cone . .

Summary: The California Disaster Assistance Act requ ires the Director of Emergency Services to adopt regulations, as necessary, to govern the administration of a disaster assistance program that includes specific project eligibility requirements, a procedu re for local governments to request the implementation of programs, and a method for evaluating these requests by the Office of Emergency Services . This bill would state the intent of the Legislatu re to enact subsequent legislation relating to disaster cleanup.

Organization
San Clemente
Position
Watch
Priority
Spot
Assigned
Marc Aprea
SB 1051 ( Roth D) State parks: concessions: contracts.

Introduced: 2/15/2022
Location: 2/15/2022-S. RLS. - . .

Desk Polic Fiscal Floor Desk Polic_y Fiscal Floor Conf • Enrolled Vetoed Chaptered 1st House 2nd Hou~e Cone.

Summary: Current law establishes the Department of Parks and Recreation and vests the department with the control of the state park system. Current law requires the department to prepare an invitation to bid for a contract authorizin g occupancy by a concessionaire in a portion of the state park system for a period of more than 3 years, as specified. This bill would make a nonsubstantive change to that requirement.

Organization
San Clemente
Position
Watch
Notes: Requested factsheet.

SB 1063 (Skinner D} Density Bonus Law.

Introduced: 2/15/2022
Location: 2/15/2022-S. RLS.

Priority
Spot
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk, Polic Fiscal Floor Conf.
1st House 2nd House • ••• Cone. Enrolled Vetoed Chaptered Summary: The Density Bonus Law requires a city or county to provide a developer that proposes a housing development within the city or county with a density bonus and other incentives or concessions, as specified, if the developer agrees to construct specified percentages of units for lower income, very low income, or senior citizen housing, among other things, and meets other requirements. Current law prescribes an application process for a city or county to follow in this regard .

This bill would make nonsubstantive changes to those provisions and would delete duplicative provisions relating to for-sale units subject to those provisions .

Organization
San Clemente
Position
Watch
SB 1094 ( Becker D} Local planning.

Introduced: 2/16/2022
Location: 2/16/2022-S. RLS.

Priority
Spot
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: The Planning and Zoning Law, establishes in each city and in each county a planning agency with the powers necessary to carry out the purposes of the law. Current law authorizes the legislative body of each city and county to assign the functions of the planning agency to a planning department, one or more planning commissions, administrative bodies or hearing officers, the

Page 21 ends

3-15-22 I 9E-26
legislative body itself, or any combination thereof, as it deems appropriate and e3(ffifg1Tf\A.s bill would m.ake a nonsubstantive change to those provisions.

Organization
San Clemente
Position
Watch
Priority
Spot
Assigned
Marc Aprea
SB 1123 ( Caballero D) State Park and Recreation Commission: administration.

Introduced: 2/16/ 2022
Location: 2/16/2022-S. RLS.

Desk Pc:>lic Fiscal Floor Desk Polic Fi~cal Floor Conf. Enrolled Vetoed Cha tered 1st House 2nd House Cone. p
Summary: Current law establishes the State Park and Recreation Commission consisting partly of 9 members appointed by the Governor, subject to confirmation by the Senate. Current law specifies that each appointed member serves a 4-year term, except as provided. Current law requires the commission to perform certain actions regarding the state park system. Existing law provides that, in case of a vacancy, the appointment to fill the vacancy is for the remainder of the unexpired term. This bill would make nonsubstantive changes to this latter provision.

Organization
San Clemente
Position
Watch
SB 1130 ( McGuire D) Local government.

Introduced: 2/16/2022
Location: 2/16/2022-S. RLS.

Priority
Spot
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. E II d V t d Ch t d 1st House 2nd House Cone. nro e e oe ap ere
Summary: Current law establishes various powers and duties of local agencies, including counties, cities, and cities and counties. This bill would state the intent of the Legislature to enact subsequent legislation relating to local government.

Organization
San Clemente
Position
Watch
Priority
Spot
SB 1186 ( Wiener D) Cannabis: local jurisdictions.

Introduced: 2/17/2022
Location: 2/17/2022-S. RLS.

Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. E II d V t d Ch t d 1st House 2nd House Cone. nro e . e oe ap ere
Summary: Current law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act, among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, including delivery of cannabis. Current law gives the Department of Cannabis Control the power, duty, purpose, responsibility, and jurisdiction to regulate commercial cannabis activity in the state, and does not supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate commercial cannabis businesses within that local jurisdiction. Current law reserves to a local jurisdiction, defined as a city, city and county, or county, specified powers regarding commercial cannabis activity, including adopting and enforcing local ordinances regulating commercial cannabis activity or prohibiting that activity. This bill contains other existing laws.

Organization
San Clemente
Position
Watch
Priority
Spot
Assigned
Marc Aprea
SB 1 201 ( Melendez R) California Transportation Commission: routing proposals.

Introduced: 2/17/2022
Location: 2/17/2022-S. RLS.

Desk Polic Fiscal _Floor Desk Polic Fiscal Floor Conf. E II d V t d Ch t d 1st House 2nd House • Cone. . nro e e oe ap ere
Summary: Current law authorizes the California Transportation Commission to contract with specialists, including, but not limited to, persons trained and experienced in engineering, economics, landscape and design architecture, fish and wildlife management, park and recreation management, history and sociology, agriculture, and urban and regional planning in order to provide the commission with an independent evaluation of routing proposals. This bill would make nonsubstantive cha nges to that provision .

Organization Position Priority Assigned
San Clemente Watch Spot Marc Aprea
Notes: Requested factsheet. Will send when language is changed .

SB 1 213 ( Hueso D) Housing.

I ntroduced: 2/17/2022

Page 22 ends

3-15-22 I 9E-27
Location: 2/17/2022-S. RLS. EXHIBIT A 1 Desk Polic Fiscal · Floor Desk Polic • Fiscal Floor Conf. Enrolled 1st House 211,_g House Cone. •
Vetoed Chaptered
Summary: Would state the intent of the Legislature to enact legislation that would amend the State Housing Law.

Organization
San Clemente
Position
Watch
Priority
Spot
SB 1 214 (Jones R) Planning and zoning: local planning.

Introduced: 2/17/2022
Last Amend: 3/3/2022
Location: 2/17/2022-S. RLS. - . . ..

Assigned
Marc Aprea
. Desk Polic Fiscal , Floor Desk · Polic Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.

Summary: Would provide that the Planning and Zoning Law and any other law do not authorize the distribution or transmission of copies of architectural drawings that contain information protected by the federal Architectural Works Copyright Protection Act of 1990, subject to certain exceptions. The bill would provide that a single copy of a set of architectural drawings submitted for official review may be physically exhibited to the public by an authorized government agency or other government body and government agencies or other government bodies responsible for the official review of architectural drawings may make copies for their internal official review.

Organization Position Priority Assigned
San Clemente Watch Spot Marc Aprea
SB 1 28 5 (Gonzalez D) Vehicles.

Introduced: 2/18/2022
Location: 2/18/2022-S. RLS.

Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd H_ouse Cone.

Summary: Current law requires a bicycle that is operated on a roadway or the shoulder of a highway to be operated in the same direction as vehicles are required to be driven. This bill would make a technical, nonsubstantive change to that provision.

Organization Position Priority
San Clemente Watch Spot
Notes: Requested factsheet.

SB 1290 (Allen D) Sidewalk vendors.

Introduced: 2/18/2022
Location: 2/18/2022-S. RLS. .. .

Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic • Fiscal Floor Conf. E II d V t d Ch t d 1st House 2nd House Cone. nro e e oe ap ere
Summary: Current law prohibits a local authority, as defined, from regulating sidewalk vendors, except in accordance with specified provisions. Existing law establishes that a violation of a local authority's sidewalk vending program is punishable only by an administrative fine, subject to an ability-to-pay determination, and recision of a permit issued to a sidewalk vendor for the term of that permit upon the 4th violation or subsequent violations, as specified. This bill would make nonsubstantive changes to those provisions relating to violation of a local authority's sidewalk vending program.

Organization Position Priority Assigned
San Clemente Watch Spot Marc Aprea
Total Measures: 90
Total Tracking Forms: 90

Page 23 ends

3-15-22 / 9E-28

EXHIBIT B
AB 1909 (Friedman) E-bikes on paths/ licensing
Department:

Subject:

Fiscal Impact:

Summary:

Background:

City Manager
AB 1909 (Friedman) Vehicles:· Bicycle Omnibus Bill
Unknown.

Existmg law prohibits the operation of a motorized bicycle or a class 3 electric bicycle on a bicycle path or trail, bikeway, bicycle lane, equestrian trail, or hiking or recreational trail. Existing law authorizes a local authority to additionally prohibit the operation of class 1 and class 2 electric bicycles on these facilities.

This bill, among other things, would remove the prohibition of class 3 electric bicycles on these facilities and would remove the authority of a local jurisdiction to prohibit class 1 and class 2 electric bicycles on these facilities. The bill would instead authorize a local authority to prohibit the operation of a class 3 electric bicycle at a motor-assisted speed greater than 20 miles per hour.

In a Fact Sheet prepared by Assemblymember Friedman's staff it states, "California is committed to reducing greenhouse gas (GHG) emissions.

Emissions from the transportation sector account for approximately 50% of GHG emissions in the state, and promoting cycling will help California ineet its GHG reduction goals." The Fact Sheet continues, "Contrary to those goals, cities have been granted the ability enact barriers that discourage bicycle adoption. Further, there are certain rules of the.road that can be adopted to make cycling safer and more accessible. AB 1909 will require vehicles to move over a lane when passing a bicycle where . feasible, and allow cyclists to take advantage of leading pedestrian intervals. Further, the bill removes the ability of local jurisdictions to require bicycle registration and the ability ban or limit e-bike operation on bike paths.

This bill has been referred to the Assembly Transportation Committee, chaired by the author, Assemblymember Laura Friedman (D-Glendale ).

No hearing has been scheduled.

The AB 1909 Fact Sheet goes on to state the following: Switching from a car to a bicycle saves 150g of CO2 emissions per kilometer traveled, a significant reduction when accounting for bicycle ridership in California.

Additionally, biking is closely linked to health benefits such as decreased risk of developing cancer and a lower risk of cardiovascular disease.

Currently one of the largest barriers to riding a bicycle is safety concerns. 3-15-22 / 9E-29
Discussion:

Recommendation:

Attachment:

Notification:

EXHIBIT B
According to the National Highway Traffic Safety Administration, California saw 3.9 fatal accidents per 1 million residents from 2016-201.8, the sixth highest fatality rate in the country. According to the National Highway Traffic Safety Administration, 43% of cyclist fatalities in California occur at intersections. California currently does not allow for cyclists to take advantage of the leading pedestrian interval, a useful intersection safety tool where the walk sign changes prior to the red light.

Results from a New York City pilot project where cyclists where able to take advantage of the leading bicycle interval yielded a decrease in cyclist injuries by 26%. In California, the majority of cycling fatalities occur • outside of intersections. Current law requires motor vehicles to give a cyclist 3-feet of space while passing. However, evidence indicates this law is difficult to enforce and is insufficient in protecting cyclists. Five states enacted laws that require motorists to move over a lane when passing a cyclist where possible or slow down and pass at a safe speed, providing sufficient room for the cyclist. Bike paths are the safest place for people to ride their bicycles. Cities in California currently have the ability to ban class 1 and 2 e-bikes on bike paths. Additionally, the state bans class 3 ebikes on all bike paths. Adoption of e-bikes increased by 145% from 2019-2020 in the United States, double the number of electric cars. While ridership of e-bikes spans demographics, riders are often older adults, choosing e-bikes over conventional bikes due to physical limitations.

Restricting the use of e-bikes on bike paths significantly limits the ability of older adults to choose bicycling as an alternate mode of transportation to enjoy more mobility, autonomy, and social connection. 'This measure promotes the use of bicycles while removing and modifying some local government authority.

Bill text of AB 1909.

Assemblymember Laura Friedman (D-Glendale)
3-15-22 I 9E-30
CALIFORNIA LEGISLATURE-2O21-22 REGULAR SESSION
ASSElVIBLY BILL No.1909
Introduced by Assembly Member Friedman
February 9, 2022
An act to amend Sections 21207.5, 21456, 21456.2, 21760, and 39002 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL'S DIGEST
AB 1909, as introduced, Friedman. Vehicles: bicycle omnibus bill.

Existing law generally regulates the operation of bicycles upon a highway. A violation of these provisions, generally, is punishable as an infraction;
(1) Existing law prohibits the operation of a motorized bicycle or a class 3 electric bicycle on a bicycle path or trail, bikeway, bicycle lane, equestrian trail, or hiking or recreational trail, as specified. Existing law authorizes a local authority to additionally prohibit the operation of class 1 and class 2 electric bicycles on these facilities.

This bill would remove the prohibition of class 3 electric bicycles on these facilities and would remove the authority of a local jurisdiction to prohibit class 1 and class 2 electric bicycles on these facilities. The bill would instead authorize a local authority to prohibit the operation of a class 3 electriq bicycle at a motor-assisted speed greater than 20 miles per hour. •
(2) Existing law requires a vehicle at an intersection controlled by a traffic control signal, or traffic light, to stop or proceed as directed by the signal. Existing law makes these provisions applicable to pedestrians and bicycles, as specified. Under existing law, a pedestrian facing a solid red traffic control signal may enter the intersection if directed to 99 EXHIBIT B
3-15-22 / 9E-31
AB 1909 -2-
do so by a pedestrian control signal displaying "WALK" or an approved "walking person" symbol.

This bill would extend this authorization to cross the intersection to a bicycle, unless otherwise directed by a bicycle control signal. (3) Existing law requires the driver of a motor vehicle that is passing or overtaking a bicycle to do so in a safe manner, as specified, and in no case at a distance of less than 3 feet.

This bill would additionally require a vehicle that is passing or overtaking a vehicle to move over to an adjacent lane oftraffic, as specified, if one is available, before passing or overtaking the bicycle. ( 4) Existing law authorizes a local authority to adopt a bicycle licensing ordinance or resolution, as specified. Existing law authorizes a local authority that has adopted a bicycle licensing ordinance or resolution to prohibit a resident of that jurisdiction to operate a bicycle in a public place within the jurisdiction unless the bicycle is licensed.

This bill would instead prohibit a juris9iction from requiring any bicycle operated within its jurisdiction to be licensed. (5) By changing the existing elements of existing infractions, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: yes.

The people of the State of California do enact as follows:
1 SECTION 1. Section 21207.5 of the Vehicle Code is amended 2 to read:
3 21207.5. (a) Notwithstanding Sections 21207 and 23127 of 4 this code, or any other law, a motorized bicycle or ela:ss 3 electric 5 bieyele shall not be operated on a bicycle path or trail, bikeway, 6 bicycle lane established pursuant to Section 21207, equestrian 7 trail, or hiking or recreational trail, unless it is within or adjacent 8 to a roadway or unless the local authority or the governing body 9 of a public agency having jurisdiction over the path or trail permits, 10 by ordinance, that operation.
99 EXHIBIT B
3-,15-22 I 9E-32
-3- AB 1909
1 (b) The local authority or governing body of a public agency 2 having jurisdiction over a bicycle path or trail, equestrian trail, or 3 hiking or recreational trail, may prohibit, by ordinance, the 4 operation of a class 1 or ela:ss 2 3 electric bicycle at a 5 motor-assisted speed exceeding 20 miles per hour on that path or 6 trail.
7 SEC. 2. Section21456 of the Vehicle Code is amended to read:
8 21456. If a pedestrian control signal showing the words 9 "WALK" or "WAIT" or "DON'T WALK" or other approved
10 symbol is in place, the signal shall indicate as follows:
11 (a) A "WALK" or approved "Walking Person" symbol means 12 a pedestrian facing the signal may proceed across the roadway in 13 the direction of the signal, but shall yield the right-of-way to 14 vehicles lawfully within the intersection at the time that signal is 15 first shown. Except as otherwise directed by a· bicycle control 16 signal described in Section 21456.3, the operator of a bicycle 17 facing a pedestrian control signal displaying a "WALK" or 18 approved "Walking Person" symbol may proceed across the 19 roadway in the direction of the signal, but shall yield the. right of 20 way to any vehicles or pedestrians lawfully within the intersection. 21 (b) A flashing "DON'T WALK" or "WAIT" or approved
22 "Upraised Hand" symbol with a "countdown" signal indicating 23 the time remaining for a pedestrian to cross the roadway means a 24 pedestrian facing the signal may start to cross the roadway in the 25 direction of the signal but must complete the crossing prior to the 26 display of the steady "DON'T WALK" or "WAIT" or approved .27 "Upraised Hand" symbol when the "countdown" ends.
28 (c) A steady "DON'T WALK" or "WAIT". or approved
29 ''Upraised Hand" symbol or a :flashing "DON'T WALK" or 30 "WAIT" or approved "Upraised Hand" without a "countdown" 31 signal indicating the time remaining for a pede~trian to cross the 32 roadway means a pedestrian facing the signal shall not start to 33 cross the roadway in the direction of the signal, but any pedestrian 34 who started the crossing during the display of the "WALK" or 35 approved "Walking Person" symbol and who has partially 36 completed crossing shall proceed to a sidewalk or safety zone or 37 otherwise leave the roadway while the steady "WAIT" or "DON'T 38 WALK" or approved "Upraised Hand" symbol is showing. 39 SEC. 3. Section 21456.2 of the Vehicle Code is amended to 40 read:

EXHIBIT 8
3-15-22 I 9E-33
AB 1909 -4-
1 21456.2. (a) Unless otherwise directed by a bicycle signal as 2 provided in Section 21456.3, or as otherwise provided in 3 subdivision (a) of Section 21456, an operator of a bicycle shall 4 obey the provisions of this article ·applicable to the driver of a 5 vehicle.
6 (b) Whenever an official traffic control signal exhibiting 7 different colored bicycle symbols is shown concurrently with 8 official- traffic control signals or pedestrian control signals 9 exhibiting different colored lights or arrows, an operator of a 10 bicycle facing those traffic control signals shall obey the bicycle 11 signals as provided in Section 21456.3.
12 SEC. 4. Section 21760 of the Vehicle Code i.s amended to read:
13 21760. (a) This section shall be known and may be cited as 14 the Three Feet for Safety Act.
15 (b) The driver of a motor vehicle overtaking and passing a 16 bicycle that is proceeding in the same direction on a highway shall 17 pass in compliance with the requirements of this article applicable 18 to overtaking and passing a vehicle, and shall do so at a safe 19 distance that does not interfere with the safe operation of the 20 overtaken bicycle, having due regard for the size and speed of the 21 motor vehicle and the bicycle, traffic conditions, weather, visibility, 22 and the surface and width of the highway.
23 ( c) A driver of a motor vehicle shall not overtake or pass a 24 bicycle proceeding in, the .same direction on a highway at a distance 25 of less than three feet between any part of the motor vehicle and 26 any part of the bicycle or its operator.
27 • ( d) If the driv~r of a motor vehicle is unable to coin.ply with 28 subdivision ( c ),· due to traffic or roadway conditions, the driver 29 shall slow to a speed that is reasonable and, prudent, and may pass 30 only when doing so would not endanger the safety of the operator 31 of the bicycle, taking into account the size and speed of the motor 32 vehicle and bicycle, traffic conditions, weather, visibility, and 33 surface and width of the highway.
34 (e) The driver of a motor vehicle overtaking or passing a bicycle 35 that is proceeding in· the same direction and in the same lane of 36 travel shall, if another lane of traffic proceeding in the same 31 direction is available, make a lane change into another available 3 8 lane with due regard for safety and traffic conditions, if practicable 39 and not prohibited by law, before overtaking or passing the bicycle. 40 te}
99 EXHIBIT B
3-15-22 / 9E-34
-5- AB 1909
1 (j) (1) A violation of subdivision (b), (c),~ (d), or (e) is an 2 infraction punishable by a fine of thirty-five dollars ($35). 3 (2) If a collision occurs between a motor vehicle and a bicycle 4 causing bodily injury to the operator of the bicycle, and the driver 5 of the motor vehicle is found to be in violation of subdivision (b ), 6 (c), or (d), (d), or (e), a two-hundred-twenty-dollar ($220) fine 7 shall be imposed on that driver. '
8 (f} This seetion shall beeome operative on September 16, 2014. 9 SEC. 5. Section 39002 of the Vehicle Code is amended to read:
10 39002. (a) A city or county, which adopts a bicycle licensing 11 ordinance or resolution, may pr<Yv'ide in the ordinattee or resolution . 12 that no resident shall operate any bieyele, as speeified in the 13 ordinattee, on any street, road, highv,'fty, or other pttblie property 14 v,rithin the jurisdietion of the eity or em:1n-fy, as the ease may be, 15 lfflless the bieyele is lieensed in aeeordattee with this divisioo. shall 16 not prohibit the operation of an unlicensed bicycle. 17 (b) It is unlawful for any person to tamper with, destroy, 18 mutilate, or alter any license indicia or registration form, or to 19 remove, alter, or mutilate the serial number, or the identifying 20 marks of a licensing agency's identifying symbol, on any bicycle 21 frame licensed under this division.
22 SEC. 6. No reimbursement is required by this act pursuant to 23 Section 6 of Article XIIIB of the California Constitution because 24 the only costs that may be incurred by a-local agency or school 25 district will be incurred because this act creates a new crime or 26 infraction, eliminates a crime or infraction, or changes the penalty 27 for a crime or infraction, within the meaning of Section 17556 of 28 the Government Code, or changes the definition of a crime within 29 the meaning of Section 6 of Article XIII B of the California 30 Constitution.
0 99

EXHIBIT B
3-15-22 / 9E-35

EXHIBIT B
AB 1946 (Boerner Horvath) Electric Bicycles: Safety and Training Program Department:

Subject:

Fiscal Impact:

Summary:

Background:

City Manager
AB 1946 (Boerner Horvath) Electric Bicycles: Safety and Training Program
Unknown.

This bill would require the Department of Transportation (Caltrans), in coordination with the Office of Traffic Safety, to develop, on or before September 1, 2023, statewide safety standards and training programs based on evidence-based practices for users of electric bicycles including, but not limited to, general electric bicycle riding safety, emergency maneuver skills, rules of the road, and laws pertaining to electronic bicycles. The bill would require the safety standards and training programs to be developed in collaboration with relevant stakeholders and to be posted on the internet websites of both the department and the Office of Traffic Safety. •
This measure has been referred to the Assembly Transportation Committee. No hearing date has been set.

Existing law, the Protected Bikeways Act of 2014, requires the Caltrans to develop safety standards in connection with the use of bicycles, including the establishment of minimum safety design criteria for the planning and construction of specified types of bikeways and roadways where bicycle travel is permitted. Authored byAssemblymember Phil Ting (D-San Francisco), and sponsored by the California Bicycle Coalition (CalBike ), AB 1193 [Ch. 495, Stat. 2014] requires Caltrans to do the following:

1. Create a new class of bikeways, called cycle tracks or separated bikeways, and defines them as bikeways that provide a right-of-way designated exclusively for bicycle travel adjacent to a roadway and that are protected from vehicular traffic.

2. Requires Caltrans to establish minimum safety design criteria for cycle tracks.

3. Authorizes local agencies to utilize minimum safety design criteria other than those established by Caltrans if all the following conditions are met:
a) The alternative criteria have been reviewed and approved by a qualified engineer with consideration for the unique characteristics and features of the proposed bikeway;
3-15-22 I 9E-36
Discussion:

Recommendation:

Attachment:

Notification:
b) The alternative criteria, or the description of the
project with reference to the alternative criteria, are adopted by resolution at a public meeting; and,

EXHIBIT B
c) The alternative criteria adhere to guidelines
established by a national association of public agency
transportation officials.

4. Requires Caltrans to establish design criteria for cycle tracks by January 1, 2016.

5. Requires Caltrans, in establishing minimum design criteria for bikeways, to consider the safety of vulnerable populations, such as children, seniors, persons with impaired vision, and
This measure builds upon the existing Protected Bikeways Act of2014 and requires Caltrans to develop a statewide safety standards and training programs and requires these safety standards and training programs to be developed in collaboration with relevant stakeholders. • Bill text of AB 1946.

Assemblymember Tasha Boemer Horvath (D-Encinitas)
3-15-22 I 9E-37
CALIFORNIA LEGISLATURE-2021-22 REGULAR SESSION
ASSEMBLY BILL No.1946
Introduced by Assembly Member Boerner Horvath
February 10, 2022
An act to add Article 4 ( commencing with Section 893) to Chapter 8 of Division 1 of the Streets and Highways Code, relating to electric bicycles.

LEGISLATIVE COUNSEL'S DIGEST
AB 1946, as introduced, Boerner Horvath. Electric bicycles: safety and training program.

Existing law, the Protected Bikeways Act of 2014, provides that the state's bicycle programs have not been fully developed or funded.

Existing law requires the Department of Transportation to develop safety standar,ds in connection with the use of bicycles, including the establishment of minimum safety design criteria for the planning and construction of specified types ofbik.eways and roadways where bicycle travel is permitted.

This bill would require the department, in coordination with the Office of Traffic Safety, to develop, on or before September 1, 2023, statewide safety standards and training programs based on evidence-based practices for users of electric bicycles, as defined, inclqding, but not limited to, general electric bicycle riding safety, emergency maneuver . skills, rules of the road, and laws pertaining to electronic bicycles. The bill would require the safety standards and training programs to be developed in collaboration with relevant stakeholders and to be posted on the internet websites of both the department and the Office of Traffic Safety.
99 EXHIBIT B
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AB 1946 -2-
Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: no.

The people of the State of California do enact as follows:
1 SECTION 1. Article 4 ( commencing with Section 893) is added 2 to Chapter 8 of Division 1 of the Streets and Highways Code, to 3 read:
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 Article 4. Electric Bicycle Safety and Training
893. As used in this article, "electric bicycle" has the meaning provided in Section 312.5 of the Vehicle Code.
894. (a) The department, in coordination with the Office of Traffic Safety, shall develop, on o:r before September 1, 2023, statewide safety standards and training programs based on evidence-based practices for users of electric bicycles, including, but not limited to; general electric bicycle riding safety, emergency maneuver skills, rules of the road, and law:s pertaining to electronic bicycles.
(b) The safety standards and training programs shall be developed in collaboration with relevant stakeholders.
( c) The safety standards and training programs shall be posted on the internet websites of both the department and the Office of Traffic Safety on or before September 1, 2023.
0 99

EXHIBIT B
3-15-22 / 9E-39

EXHIBIT B
AB 2177 (Irwin) Coastal Recreation: Designated State Surfing Reserves Department:

Subject:

Fiscal Impact:

Summary:

Background:

Discussion:

Recommendation:

Attachment:

City Manager
AB 2177 (Irwin) Coastal Recreation: Designated State Surfing Reserves Unknown.

This bill would require, by a date (not yet determined), a state agency (yet . to be determined) to establish criteria and an application process for purposes of designating an area of the coastline as a state surfing reserve.

The bill would authorize a local government ( city council or a county board of supervisors) to apply to the state agency for purposes of designating an area of the coastline within the jurisdiction of the local • government as a state surfing reserve. The bill would require the state agency to approve the application if the area of the coastline meets the established criteria. When establishing criteria for purposes of the state surfing reserve designation, the state agency shall consider factors including, but not limited to, wave quality and consistency, surf culture and history, and environmental characteristics. The bill would require, once the application is approved, the state agency to designate the area as a state surfing reserve and to include this designation in any publications or maps that are issued by the state agency. The bill would authorize the state agency to revoke the designation if the surfing reserve no longer meets the established criteria.

This measure has been referred to the Assembly Natural Resources Committee. The hearing before this Committee is scheduled for Monday, March 21, 2022, 2:30 pm.

The California Coastal Act of 1976 requires oceanfront land suitable for recreational use to be protected for recreational use and development tmless present and foreseeable future demand for public or commercial recreational activities that could be accommodated on the property is already adequately provided for in the area. Existing law establishes surfing as the official state sport.

The intent of AB 2177 is to establish a process for state designated surfing reserves in order to establish the state's responsibility for the protection and enhancement of California's waves, surf zones, and their surrounding environments.

Bill text of AB 2177.
3-15-22 / 9E-40
EXHIBIT 8
Notification: Assemblymember Jacqui Irwin (D-Thousand Oaks). 3-15-22 / 9E-41
CALIFORNIA LEGISLATURE-2021-22 REGULAR SESSION
ASSEMBLY BILL No. 2177
Introduced by Assembly Member Irwin
February 15, 2022
An act to add Chapter 3.5 (commencing with Section 30280) to Division 20 of the Public Resources Code, relating to coastal resources.

LEGISLATIVE COUNSEL'S DIGEST
AB 2177, as introduced, Irwin. Coastal recreation: designated state surfing reserves.

The California Coastal Act of 1976 requires oceanfront land suitable for recreational use to be protected for recreational use and development unless present and foreseeable future demand for public or commercial recreational activities that could be accommodated on the property is already adequately provided for in the area. Existing law establishes surfing as the official state sport.

This bill would require, on or before___, an unspecified state agency to establish criteria and an application process for purposes of designating an area of the coastline as a state surfing reserve, as defined.

The bill would authorize a local government, as defined, to apply to the unspecified state agency for purposes of designating an area of the coastline within the jurisdiction of the local government as a state surfing reserve. The bill would require the unspecified state agency to approve the application if the area of the coastline meets the established criteria.

The bill would require, once the application is approved, the unspecified state agency to designate the area as a state surfing reserve and to include this designation in any publications or maps that are· issued by the unspecified state agency. The bill would authorize the unspecified state 99 EXHIBIT B
3-15-22 I 9E-42
AB 2177 -2-
agency to revoke the designation if the surfing reserve no longer meets the established criteria.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: no.

The people of the State of California do enact as follows:
1 SECTION 1. It is the intent of the Legislature to establish a 2 process for state designated surfing reserves in order to establish 3 the state's responsibility for the protection and enhancement of 4 California's waves, surf zones, and their surrounding environments. 5 SEC. 2. Chapter 3.5 ( commencing with Section 30280) is added 6 to Division 20 of the Public Resources Code, to read:
7 8 CHAPTER 3.5. STATE DESIGNATED SURFING RESERVES
9 10 30280. For purposes of this chapter, the following definitions ll apply:
12 (a) "Local government" means a city council or a county board 13 of supervisors.
14 (b) "Surfing reserve" means an area designated pursuant to this 15 • chapter that would feature protected waves, surf zones, and 16 surrounding environments and would recognize the surfing area's 17 environmental, cultural, and historical significance. 18 30281. (a) On or before_:_, ail unspecified ,state agency 19 shall establish criteria and an application process for purposes of 20 designating an area of the coastline as a state surfing reserve. 21 {b) When establishing criteria for purposes of the state surfing 22 reserve designation, the unspecified state agency shall consider • 23 factors including, but not limited to, wave quality and consistency, 24 surf culture and history, and environmental characteristics. 25 30282. (a) After adopting a formal resolution, a local 26 government may apply to the unspecified state agency for purposes 27 of designating an area of the coastline within the jurisdiction of 28 the local government as a state surfing reserve.
29 (b) (1) The unspecified state agency shall approve the 30 application from the local government if the area of the coastline 31 meets the criteria established pursuant to Section 30281. 32 (2) Once the application is approved, the unspecified state 33 agency shall designate the area as a state surfing reserve and shall 99 EXHIBIT B
3-15-22 / 9E-43
-3- AB2177
1 include this designation in any publications or maps that are issued 2 by the unspecified state agency.
3 ( c) If, at any time, the unspecified state agency determines that 4 the designated state surfing reserve no longer meets the criteria 5 established pursuant to Section 30281, the unspecified state agency 6 may revoke its designation as a state surfing reserve. 0 99
EXHIBIT 8
3-15-22 I 9E-44
Department:

Subject:

Fiscal Impact:

Summary:

Background:

Discussion:

Recommendation:

Attachment:

EXHIBIT B
ACR 116 (Nguyen) California Surfing Day
City Manager
Assembly Concurrent Resolution (ACR) 116 (Nguyen) California Surfing Day
Unknown.

This measure would recognize September 20, 2022, and every year on that date thereafter, as California Surfing Day to celebrate the California surfing· lifestyle, would commend all those who honor the history, culture, and future of surfing, as well as the sport of surfing and the protection of our beach and ocean environments, would express support for future surfers and encourage potential surfing Olympians to work diligently, and would encourage all Californians to enjoy California Surfing Day.

A Concurrent Resolution may be introduced in either House, but must be approved by a simple majority by both Houses and filed with the Secretary of State to take effect. The Governor's signature is not required.

This measure has been referred to the Assembly Rules Committee and awaits further action.

California's coastline spans 1,100 miles and its beaches and coastal areas generate $1.15 trillion in economic activity annually. The United States boasts approximately 3.3 million surfers who spend between $1.9 and $3.3 billion each year on local surf trips. The surfing industry, almost exclusively based in California, generates over $6 billion in United States annual retail sales; and California has the largest ocean economy in the United States, ranking number one for both employment and jobs and gross state product at approximately $41.9 billion. California is home to iconic surf breaks, such as Huntington Beach, Malibu, Trestles, Mavericks, and Rincon, which are destinations for both domestic and international surfers. The cultural significance of surfing to California's identity is embodied in the multiple nonprofits and educational centers devoted to the sport, including the International Surfing Museum in Huntington Beach, the Surfing Heritage and Culture Center in San Clemente, the California Surf Museum in Oceanside, and the Santa Cruz Surfing Museum.

Text of ACR 116
3-15-22 I 9E-45

EXHIBIT B
Notification: Assemblymember Janet Nguyen (R-Huntington Beach) 3-15-22 / 9E-46
CALIFORNIA LEGISLATURE-2O21-22 REGULAR SESSION
Assembly Concurrent Resolution No.116
Introduced by Assembly Member Nguyen
January 3, 2022
Assembly Concurrent Resolution No. 116-Relative to California Surfing Day.

LEGISLATIVE COUNSEL'S DIGEST
ACR 116, as introduced, Nguyen. California Surfing Day.

This measure would recognize September 20, 2022, and every year on that date thereafter, as California Surfing Day to celebrate the California surfing lifestyle; would commend all those,who honor the history, culture, and· future of surfing, as well as the sport of surfing and the protection of our beach and ocean environments, would express support for future surfers and encourage potential surfing Olympians to work diligently, and would encourage all Californians to enjoy California Surfing Day.

Fiscal committee: no.
1 WHEREAS, California Surfing Day, whichwas first observed 2 on September 20, 2018, and annually on that day thereafter, was 3 adopted by surfers of all ages in the City of Huntington.Beach to 4 unify surfers throughout the State of California and from around 5 the world to celebrate one very special day where we collectively 6 honor the California surfing lifestyle; and
7 WHEREAS, For the first time in history, surfing will mark its 8 Olympic sport debut at the 2020 Summer Olympic Games in 9 Tokyo,' representing a chance to encourage ocean· awareness in 10 support of our future young surfers; and
99 EXHIBIT B
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ACR116 -2-
1 WHEREAS, This special day will bring together thousands of 2 ocean and beach lovers, surfers, and millions of visitors who travel 3 to California to experience the positive vibes of surfing, the 4 innovation, the culture, and all the fun that comes along with the 5 sport; and
6 WHEREAS, California's coastline spans 1,100 miles and its 7 beaches and coastal areas generate $1.15 trillion in economic 8 activity annually; and
9 WHEREAS, The United States boasts approximately 3 .3 million 10 surfers who spend between $1.9 and $3 .3 billion each year on local 11 surf trips. The surfing industry, almost exclusively based in 12 California, generates over $6 billion in United States annual retail 13 sales; and
14 WHEREAS, California has the largest ocean economy in the 15 United States, ranking number one for both employment and jobs 16 and gross state product at approximately $41.9 billion; and , 17 WHEREAS, California is home to iconic surf breaks, such as 18 Huntington Beach, Malibu, Trestles, Mavericks, and Rincon, which 19 are destinations for both domestic and international surfers; and 20 WHEREAS, The City of Huntington Beach, also known as Surf 21 City USA, is the holder of three surfing Guinness World Records:
22 for the largest surfing paddle out in "The Surfing Circle of Honor, 23 Celebrating Surfing in the Summer Games" on International 24 . Surfing Day 2017, for the largest surfboard and for the most people 25 riding a surfboard at the same time on International Surfing Day 26 2015;and .
27 WHEREAS, The cultural significance of surfing to California's 28 identity is embodied in the multiple nonprofits and educational 29 centers devoted to the sport, including the International Surfing 30 Museum nestled in Huntington Beach, the Surfing Heritage and . 31 Culture Center in San Clemente, the California Surf Museum in 32 Oceanside, and the Santa Cruz Surfing Museum; and
33 WHEREAS, Every year, California beaches host numerous 34 domestic and internationally recognized surfing events and 3 5 tournaments, including the National Scholastic Surfing Association 36 (NSSA) Championships, the Vans US Open of Surfing, The 37 Surfers' Hall of Fame, Surfing Walk of Fame, and International 38 Surfboard Builders Hall of Fame in Huntington Beach, and the 39 International Surf Festival in the Cities of Hermosa Beach, 40 Manhattan Beach, Redondo Beach, and Torrance; and
99 EXHIBIT B
3-15-22 I 9E-48
-3- ACR116
1 WHEREAS, International Surfing Day was established in 2004 2 and has grown to over 200 separate events in over 30 different 3 countries and continues to unite surfers around the world to 4 celebrate the sport of surfing while raising awareness and showing 5 appreciation for our coastal environment; now, therefore, be it 6 Resolved by the Assembly of the State of California, the Senate 7 thereof concurring, That the Legislature hereby recognizes 8 September 20, 2022, and that date annually thereafter, as California 9 Surfing Day, celebrating the California surfing lifestyle, and 10 commends all those who honor the history, culture, and future of 11 surfing, the great sport of surfing, and the protection of our beach 12 and ocean environments, while supporting and educating our future 13 surfers, encourages our potential surfing Olympians to work 14 diligently, and encourages all Californians to enjoy California 15 Surfing Day; and be it further
16 Resolved, That the Chief Clerk of the Assembly transmit copies 17 of this resolution to the author for appropriate distribution. 0 99

EXHIBIT B
3-15-22 I 9E-49

OFFICE OF THE MAYOR

AND CITY COUNCIL
Gene James
Mayor
Chris Duncan
Mayor Pro Tem
Laura Ferguson
Steve Knoblock
Kathy Ward

CITY MANAGER
Erik Sund
910 Calle Negocio
San Clemente, CA 92673
Phone: (949) 361-8200
"The Spanish Village
by the Sea"
an
Clemente
CELEBRATING 90 YEARS OF INCORPORATION
March 8, 2022
The Honorable Henry Stern
Chair
Senate Natural Resources and Water Committee
1021 O Street
Suite 7710, Sacramento, CA 9581 4-4900

EXHIBIT C
RE: SB 1224 (Bates) Watersheds: wildlife habitat: Counties of Orange and San Diego
POSITION: Support
Dear Senator Stern:

On behalf of the City of San Clem.ente, we wish to express our support for SB 1224. This measure provides vital funding for the restoration and conservation efforts to protect, restore, and enhance habitat for sensitive wildlife populations in watersheds in Southern Orange County and Northern San Diego County east of Interstate 5, with priority on projects in the San Mateo Creek watershed. The funds will be appropriated to the Wildlife Conservation Board to administer the specific grants basedon project applications.

Large areas of undeveloped habitat currently exist in Southern Orange and Northern San Diego Counties. The watersheds in these areas are vital to the species in the area and provide ecological benefits to surrounding areas, including the beaches. However, large areas are in a state of degradation or have the opportunity to be restored and enhanced to improve the ecological habitat. These habitats include aquatic, riparian stream, oak woodland, grassland and coastal sage scrub and provide habitat for numerous endangered and threatened species.

Further, strengthening the ecological health of these watersheds will ensure existing water quality and water drainage benefits to the coastline are protected and increased so that the conditions of the beaches in the area will be maintained.

Preserving these resources provide unparalleled recreational opportunities for all Californians who visit the beaches in these areas.

Currently, options for restoring and conserving the unique and vital areas in the watersheds in Southern Orange County and Northern San Diego County - particularly the San Mateo Creek Watershed - are limited and not fully explored due to a lack of funding. Local governments, environmental groups and other interested parties are limited in their restoration and habitat conservation activities due to a lack of funding.

Funding for restoration projects and to acquire fee title or conservation easements, or a combination thereof, will enhance not only the habitat areas for numerous City Hal l • 910 Calle Negocio, San Clemente CA 92673 • (949) 361-8200 • www.san-clemente.org 3-15-22 / 9E-50

EXHIBITC

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San Clemente City CouncilMarch 15, 2022

San Clemente City Council
March 15, 2022