San Clemente City Council
June 21, 2022

The chart above provides information on the number of accounts and annual energy usage in 2021 for the Cities, CEA's current base (Carlsbad, Del Mar and Solana Beach) and the 2023 expansion into Escondido and San Marcos. Adding the Cities in 2024 more than doubles the number of accounts that CEA services and increases energy usage by 81% (not adjusted for any opt-out assumption).

Oceanside 568,725 124
Vista 39,593 353,719 744 74
San Clemente 34,478 253,731 613 58
Total 147,366 1,176,175 665 256
CEA Base Forecast 59,153 626,927 883 136
2023 Expansion 86,400 826,410 797 196
Forecast
Total Current 145,553 1,453,337 832 332
Forecast
Total Combined 292,919 2,629,512 898
% Increase 101% 81%
Financial Assessment
The financial assessments used the following assumptions:
6/21/22 / 8A-95
• Customers enrolled in April 2024
• 10% of eligible customers would opt-out
• Current CEA rates
• Current Forward Price Curve of Energy
ATTACHMENT 4
May 26, 2022
Assessment Report

a base assumption of enrolling customers in April 2024, which was determined to be the optimal enrollment date, and serving 90% of eligible customers, the assessment concluded that with the addition of Oceanside, CEA's net operating margin would increase by approximately 85% beginning in FYE 2025, which would be the first full fiscal year of service.

The projected Incremental revenues, costs, and net operating margin are shown in Table 1 below:

Incremental Net Margins from Expansion (in $MM) City of Oceanside FYE 20241 FYE 2025 FYE 2026
Revenue $9.86 $53.55 $53.82
Power Supply Costs -$8.88 -$50.54 -$49.50
Staffing -$0.17 -$0.17 -$0.17
Billing and Other Costs -$0.48 -$1.43 -$1.44
Net Operating Margin $0.35 $1.42 $2.72
5% Reserve Contribution $0.49 $2.68 $2.69
Reserve Shortfall/Excess -$0.14 -$1.26 $0.03
Based on the assumptions listed above, sufficient revenue related to serving Oceanside would be generated to cover operating costs, however, for Fiscal Years ending 2024 and 2025, the net operating margin falls short of the 5% reserve contribution. Fiscal year 2026 projects sufficient revenue to cover all costs and the 5% operating reserve contribution.

Incremental Net Margins from Expansion (in $MM) City of San Clemente FYE 202421 FYE 2025 FYE 2026
Revenue $4.45 $23.83 $23.95
Power Supply Costs -$3.99 -$22.40 -$21.94
Staffing -$0.08 -$0.08 -$0.08
Billing and Other Costs -$0.15 -$0.59 -$0.59
Net Operating Margin $0.24 $0.75 $1.34
5% Reserve Contribution $0.22 $1.19 $1.20
Reserve Shortfall/Excess $0.02 -$0.44 $0.14
1 Reflects partial year of service for fiscal year ending June 30, 2024, with enrollments assumed to commence on April 1, 2024.
2 6/21/22 - 8A-96
ATTACHMENT 4
May 26, 2022
Assessment Report

Based on the assumptions listed above, sufficient revenue related to serving San Clemente would be generated to cover operating costs, however, for Fiscal Year ending 2025, the net operating margin falls short of the 5% reserve contributi~n •. \iscal years 2024 ~nd 2026projects sufficient revenue to cover all costs and the 5% operating reserve contribution,
Incremental Net Margins from Expansion. (in $MM} City af Vista FYE 202431 FYE 2025 FYE 2026
Revenue $6,19 $32,96 $33,12
Power Supply Costs -$5,62 -$31.49 -$30,85
Staffing -$0,11 -$0,11 -$0,11
Billing and Other Costs -$0,21 -$0,74 -$0.74
Net Operating Margin $0.26 $0.62 $1.43
5% Reserve Contribution $0.31 $1.65 $1.66
Reserve Shortfall/Excess -$0.05 -$1.02 -$0,23
Incremental Net Margins from Expansion (in $MM) Combined FYE 202441 FYE 2025 FYE 2026
Revenue $20.51 $110.34 $110.89
Power Supply Costs -$18.48 -$104.43 -$102.29
Staffing -$0.35 , -$0.35 -$0.35
Billing and Other Costs -$0.83 -$2.76 -$2,77 ~.

Net Operatin~ Margin $0.85 $2.79 $5.48
5% Reserve Contribution $1.03 $5.52 $5.54
Reserve Shortfall/Excess -$0.18 -$2.72 -$0.06
The combined financial assessment determines sufficient revenue is generated at current rates to cover operating costs but fall short of the 5% reserve contribution. The reserve contribution for FYE 2024 is projected to be 4%, 2025 2.5% and 2026 4.9%.

Resource Availability
The following is taken from the Assessment Report (attached) prepared by Pacific Energy Advisors:

Changes in market prices for electricity represent the single greatest uncertainty that could impact the projected benefits related to expansion. Electricity commodity, traded in a highly volatile market, and prices could materially change before CEA is ready to contract for the power supply needed to serve 41 Reflects partial year of service for fiscal year ending June 30, 2024, with enrollments assumed to commence on April 1, 2024. •
6/21/22 / 8A-97
ATTACHMENT 4
May 26, 2022
Assessment Report

anticipated Cities' loads: Commodity price risk is inherent in the electric utility industry and is not unique to expansion, but expansion imposes challenges with respect to the timing of electricity purchase as well as the timing associated with a final/definitive determination regarding the expansion itself. This is not unlike the challenges CEA (or any Community Choice Aggregator) faced during its initial startup period.

CEA utilizes professional risk management approached and forward hedging contracts to mitigate commodity price risk for its existing customers; however, adverse price movements that may occur before CEA initiates power purchases for the Cities' load could drive up costs and result In negative margins.

In addition to the impact of the volatility of the energy market, CEA must take into consideration regulatory compliance procurement as it relates to the expansion. Under existing regulation, CEA must have a certain percentage of its renewable energy requirements in long-term contracts. This requirement must be met as of the end of 2024 for the expansion load. Realistically, CEA will only be able to meet this requirement through procurement of existing contracts from San Diego Gas & Electric (SDG&E). SDG&E would have entered into long-term renewable energy contracts on behalf of the Cities' load, which would be excess at the time the energy transfers to CEA. Through California Public Utilities Commission Decision 21-05-030, CEA has access to SDG&E excess long-term renewable energy through an allocation process. To the extent CEA can arrange such as allocation related to the expansion load, the incremental obligation related to the new load is diminished.

Resource adequacy (RA) is another power supply product that CEA will need to plan for in preparing for serving the expansion cities load, RA is a constrained product, and SDG&E will have been required to have 100% of the RA associated with the Cities' load in 2022. Due to constraints In RA availability, CEA will be required to work with SDG&E in procuring its excess RA capacity to meet the additional requirements.

The ability of work with SDG&E successfully will be key in CEA meeting its regulatory procurement compliance. CEA will need to take this into account in determining whether a 2024 enrollment is achievable or postponing to 2025 results in less risk.

Average Residential Bill Comparison
Using CEA's current adopted rates and SDG&E's current rates, the following reflects the average monthly bill comparison for a residential customer on rate Schedule DR for each of the three cities. 6/21/22 / 8A-98
City of Oceanside .,
Residential: DR
Generation
Clean Impact Plus/Green Impact
Premium
SDG&E PCIA+FFS-2022 Vintage
Generation Related Costs
SDG&E Delivery
Total Average Monthly Bill
Average 324 kWh Usage
$ Savings to SDG& E
% Savings to SDG&E
City of San Clemente
Residential: DR
Generation
Clean Impact Plus/Green Impact
Premium
SDG&E PCIA+FFS -2022 Vintage
Generation Related Costs
SDG&E Delivery
Total Average Monthly Bill
Average 396 kWh Usage
$ Savings to SDG&E
% Savings to SDG&E
.

SDG&E
31%
.Renewable
$ 49.86
$ - $ -
$ 49.86
$ 73.08
$ 122.94
SDG&E
31% .

Renewable
$ 60.94
$ -
$ -
$ 60.94
$ 89.32
$ 150.27
CEA
50%
Renewable
Clean Impact
$ 35.80
$ -
$ 9.73
$ 45.53
$ 73.08
$ 118.61
. ATTACHMENT 4.

CEA
May 26, 2022
Assessment Report

CEA
Clean Impact Green
Plus Impact
75%Carbon 100%
Free Renewable
$ 35.80 $ 35.80
$ 0.32 $ 2.43
$ 9.73 $ 9.73
$ 45.85 $ 47.96
$ 73.08 $ 73.08
$ 118.93 $ 121.04
$ (4.33) $ (4.01) $ (1.90)
-3.52% -3.26% -1.55%

CEA CEA
CEA Clean Impact Green
50% Plus Impact
Renewable 75%Carbon 100%
Clean Impact Free Renewable
$ 43.75 $ 43.75 $ 43.75
$ - $ 0.40 $ 2.97
$ 11.90 $ 11.90 $ 11.90
$ 55.65 $ 56.05 $ 58.62
$ 89.32 $ 89.32 $ 89.32
$ 144.97 $ 145.37 $ 147.94
$ (5.29) $ (4.89) $ (2.32)
-3.52% -3.26% -1.55%
6/21/22 / 8A-99
City of Vista
Residential: DR
Generation
Clean Impact Plus/Green Impact
Premium
SDG&E PCIA+FFS-2022 Vintage
Generation Related Costs
SDG& E Delivery
Total Average Monthly Bill
Average 342 kWh Usage
$ Savings to SDG & E
% Savings to SDG&E
SDG&E
31%
Renewable
$ 52.63
$ -
$ -
$ 52.63
$ 77.14
$ 129.77
ATTACHMENT 4
May 26, 2022
Assessment Report

CEA CEA
CEA Clean Impact Green
50% Plus Impact
Renewable 75%Carbon 100%
Clean Impact
$
$
$
$
$
$
$

37.79 $
- $

11.90 $

49.69 $

77.14 $
126.83 $
(2.95) $
-2.27%
Free Renewable

37.79 $

0.34 $

11.90 $

50.03 $

77.14 $
127.17 $
(2.60) $
-2.01%

37.79 2.57

11.90 52.25

77.14 129.39
(0.38)
-0.29%
For comparison, current CEA customers are realizing the following results compared to SDG&E:
2020 PCIA Vintage 50% Renewable 75% Carbon Free 100% Renewable Carlsbad & Del Mar Clean Impact Clean Impact Plus Green Impact $ (Savings)/Premium to
SDG&E -Total Bill ($1.42) ($.97) $1.64
% (Savings)/Premium to
SDG&E - Total Bill (0.9%) (0.6%) 1.0%
2017 PCIA Vintage 50% Renewable 75% Carbon Free 100% Renewable Solana Beach Clean Impact Clean Impact Plus Green Impact $ (Savings)/Premium to
SDG&E -Total Bill ($5.57) ($5.17) ($2.51)
% (Savings)/Premium to
SDG&E -Total Bill (3.64%) (3.38%) (1.64%)
Staff will continue to monitor the energy market, and its impact on the financial assess men\ of the service expansion and provide an update to the CEA Board in July 2022 when the next action is needed by the CEA Board related to the additions.
6/21/22 / 8A-100
Next Steps
ACTIVITY .

Assessment Report Results to CEA Board
Cities - Resolution to Join CEA and 1st Reading of Ordinance to Establish a CCA
Cities - 2nd Reading of Ordinance
CEA - Resolution approving Cities joining CEA/Direct preparation of Implementation Plan Amendment
Draft Implementation Plan Amendment to CEA Board
File Implementation Plan Amendment with CPUC

FISCAL IMPACT
There is no fiscal impact related to this report.

ATTACHMENTS
• • ATTACHMENT 4
May 26, 2022
Assessment Report
Page8of8
TIMING
May 26, 2022
June 2022
June/July 2022
July 2022
October 2022
December 2022
Pacific Energy Advisors Assessment Report -Oceanside, San Clemente, Vista Expansion 6/21/22 / 8A-101
ATTACHMENT 4

SUMMARY
Clean Energy Alliance New Membership Assessment
Cities of Oceanside, San Clemente, and Vista
May 2022
The cities of Oceanside, San Clemente, and Vista ("Cities") have engaged with the Clean Energy Alliance ("CEA") to explore the possibility of joining CEA. On behalf of CEA, Pacific Energy Advisors, Inc. ("PEA") conducted assessments of the financial and resource planning implications associated with extending CEA service to electric customers within the Cities (which are currently receiving bundled electric service from the incumbent utility, San Diego Gas & Electric, or "SDG&E"). The assessments involved studies to understand the potential increase in electric load and the additional energy resources that would be needed to serve the Cities. The studies also estimated the incremental revenues that would be derived from electricity sales to the Cities' customers, as well as the incremental costs associated with energy resource procurement and other items/services that would be necessary to support CCA service expansion to the Cities' customers. These factors were jointly evaluated to determine whether any operating surpluses could be generated, on a projected basis, for the benefit of CEA and its customers.

In consideration of the prospective timing associated with amended implementation plan submittal and in accordance with existing regulatory rules, the earliest possible enrollment date for Cities customers would be January 1, 2024.1 For this assessment, PEA modeled various enrollment start times in 2024 and found that April 2024 would be optimal from a financial perspective. Thus, enrollment would be expected to occur toward the end of CEA's fiscal year ending 2024; the first full year reflecting Cities load would be CEA's fiscal year ending 2025.

Under current base case assumptions, the analysis indicates that expansion would yield positive operating margins (revenue net of incremental cost) and reserve additions, but not at a level sufficient to meet CEA's targeted 5% reserve contribution. The projected incremental revenues, costs, operating margin, and net deficit (i.e., shortfall In reserve contribution) is shown in Table 1.

Table 1: Incremental Net Margins from Expansion (in $MM) FYE 20242 FYE 2025 FYE 2026
Revenue $20,51 $110.34 $110.89
Power Costs -$18.48 $104.43 -$102.29
Staffing -$0.35 -$0.35 -$0.35
Other Costs -$0.83 -$2.76 -$2. 77
Subtotal: Operating Margin $0.85 $2.79 $5.48
Reserves (targeted) -$1.03 -$5.52 -$5.54
Net Deficit -$0.18 -$2.72 -$0.06
1 Achieving the prospective early enrollment date for Cities customers would require submittal of an amended CCA Implementation plan no later than December 31, 2022. 2 Reflects partial year of service for fiscal year ending June 30, 2024, with enrollments assumed to commence on April 1, 2024.

Pacific Energy Advisors, Inc., May 2022 Page 1 of9
6/21/22 / 8A-102
· ATTACHMENT 4
Electric resource requirements associated with the expansion would be significant, and close coordination between CEA and SDG&E would be important to achieve an appropriate allocation of resources needed to serve the transferred load. Such coordination and cooperation would be especially important for resource adequacy and long-term renewable energy supply. Without cooperation from SDG&E to sell excess resources, or alternatively, a regulatory mechanism to ensure transfer of resources as load shifts from SDG&E to CEA, it may not be possible for CEA to obtain the necessary resources in the near term to meet its resource adequacy and long-term Renewable Portfolio Standards ("RPS") obligations.

ANALYSIS
PEA conducted three individual analyses of the Cities' prospective electric accounts, as well as an aggregate outlook, to estimate the revenues and costs associated with extending CEA service to the Cities.

The analyses incorporated historical monthly electric usage data provided by SDG&E for all current electric accounts located within the Cities. PEA reviewed load data from 2019 and 2021 to formulate its load projections.'
Table 2 summarizes the account and electric usage data for the major customer classifications represented within the Cities. Available data indicate the potential to serve 147,366 new CEA customer accounts, which are expected to use approximately 1,176,175 MWh of electric energy per year. This would be an approximate 81% increase In size for CEA, relative to the anticipated retail sales volume associated with CEA's current membership. The aggregate peak demand of these prospective accounts is estimated at 256 MW.4
Table 2: 2021 Cities' Electric Data
Classification Accounts Annual Energy (MWh) Monthly Per Account (kWh) Residential 132,398 549,373 346
Commercial/Industrial 14,333 610,171 3,548
Agricultural 115 7,937 5,751
Street Lighting 520 8,695 1,393
Total 147,366 1,176,175 665
*Estimate based on CEA customer hourly usage profiles.

As compared to the current CEA customer base, summarized in Table 3 below, the Cities have a slightly larger residential sector and a smaller commercial sector. The Cities' residential customers tend to be 3 2020 data were excluded due to customer usage anomalies introduced by the Covid-19 pandemic. 4 These figures reflect bundled electric customers of SDG&E and exclude customers taking service from non-utility energy providers (namely, direct access service providers) as Well as certain accounts on generation service contracts that are not expected to transition to CEA service, These figures are unadjusted for expected customer attrition (customer elections to 11opt-outn).

Pacific Energy Advisors, Inc., May 2022 Page 2 of 9
6/21/22 / 8A-103
ATTACHMENT 4
lesser users of energy than those in CEA's current service area, with 13% lower average monthly consumption, whereas the commercial customers are similar in total average consumption.

Table 3: Projected Annual CEA Electricity Data - Current Membership Classification Accounts Annual Energy (MWh) Monthly Per Account (kWh) Residential 125,372 597,177 397
Commercial/Industrial 19,382 827,998 3,560
Agricultural 280 18,147 5,401
Street Lighting 519 10,015 1,608
Total 145,553 1,453,337 832
Peak Demand (MW) 332
As illustrated in Figures 1 and 2 below, electricity usage wit hin the Cities shows slightly less seasonality relative to the current CEA customer base, with a flatter shape of overall consumption across t he year.

These usage characteristics are likely due to cooling loads driven by climate differences between the two geographic areas.

Figure 1: 12-Month Hourly Load Profile (kW) for the Cities 300,000
250,000
150.000
100.000
■ SOJ)(Xl a, C.,J,000 100,000 • l('O.Ot-xl 150.000 • LSOOC.O lOJ.O(XJ ■ 200,COO l'".0,000 , 25(),0(X) lOOJKV Pacific Energy Advisors, Inc., May 2022 Page 3 of9
6/21/22 - 8A-104
ATTACHMENT 4
Figure 2: 12-Month Hourly Load Profile (kW) of CEA's Current Customer Base 350,\)(X}
i00.000
2StJ,OCO
200,000
150,000
100.0CO
SO.COO
■ S0,o.'.X) ~ 50,000 100,000 ■ u:O,OCX) 150,000 a 150,000 2CO,OOO ■ 200,000 250,000 • 2SO,OtXl ,00.000 ■ 300,000 JS0.00.1

FISCAL IMPACTS
For purposes of the fiscal impact analysis, it was assumed that service would be initiated to the Cities in April 2024 and that 90% of eligible accounts would choose to participate (with the remaining 10% electing to opt-out, continuing to receive bundled electric service from the incumbent utility). The exception to this opt-out assumption is reflected in the Street Lighting class, which is assumed at a 100% enrollment rate. This would equate to an increase in annual CEA electricity sa les of 1,070 GWh, or approximately 74% relative to pre-2024 expansion sales. In order to quant ify anticipated financial impacts to CEA, the incremental revenues and costs associated with the prospective service expansion were examined. More specifically, the year of enrollment and t he next two fiscal years following expanded service, i.e., the period beginning April 1, 2024, through June 30, 2026, were analyzed to determine like ly fiscal impacts over a multi-year planning period.

The incremental revenue surplus - based on the difference between projected revenues and costs directly relat ed to t he addition of the Cities' accounts - represents the expected fiscal benefit related to expansion.

Incremental revenues were projected based on forecasted electricity sales and current CEA rates. The incremental cost analysis accounts for requisite power supplies that would be required to serve accounts within the Cities, increased customer billing charges, customer service support (call center), additional CEA staffing, SDG&E service fees, and required customer notices associated with serving additional customers.

Pacific Energy Advisors, Inc., May 2022 Page4of9
6/21/22 / 8A-105
ATTACHMENT4
Table 4 reflects the estimated incremental fiscal impact during each of the first three fiscal years commencing with (and immediately following) enrollment of the Cities' accounts.

Table 4: Incremental Fiscal Impact Related to Prospective Expansion -- FYE 20245 FYE 2025 FYE 2026
Revenue ($MM) $20.51 $110.34 $110.89 -·-·-·--- -- Power Costs ($MM) -$18.48 -$104.43 -$102.29 Staffing ($MM) -$0.35 -$0.35 -$0.35 -----
Other Costs ($MM) -$0.83 -$2.76 -$2.77
Subtotal: Operating Margin $0.85 $2.79 $5.48
Reserves (targeted) -$1.03 -$5.52 -$5.54 ---·--·
Net Deficit {$MM) -$0.18 -$2.72 -$0.06
Incremental Sales Volume 204,081 1,072,587 1,077,950
(MWh)
In consideration of current market conditions and assuming continuation of current CEA rates, adding the Cities accounts to CEA's current customer base is projected to generate a revenue surplus when compared to anticipated operating expenses; however, the operating margin would not be at a level that meets CEA's current 5% reserve contribution targets. It is estimated that expanding CEA service to the Cities would increase reserves by $9.12 million across the first three fiscal years impacted by the expansion, equivalent to a 3.8% reserve contribution. It is worth noting that power supply costs and CEA rates may change over time, and to the extent such changes occur, actual net revenues could materially differ from the net revenue projections reflected in Table 4 (above).

WHOLESALE POWER PRICE SENSITIVITY
Changes in market prices for electricity represent the single greatest uncertainty that could impact the projected benefits related to expansion. Electricity is a commodity, traded in a highly volatile market, and prices could materially change before CEA is ready to contract for the power supply needed to serve anticipated Cities' electric loads. Commodity price risk is inherent in the electric utility industry and is not unique to expansion, but expansion imposes challenges with respect to the timing of electricity purchases as well as the timing associated with a final/definitive determination regarding the expansion itself. This is not unlike the challenges CEA (or any Community Choice Aggregator) faced during its initial startup period. CEA utilizes professional risk management approaches and forward hedging contracts to mitigate commodity price risk for its existing customers; however, adverse price movements that may occur before CEA initiates power purchases for the Cities' load, could drive up costs and result in negative margins.

Utilizing historical volatility in wholesale power market prices, a likely range of potential power supply costs and resulting net margins can be calculated. Figure 3 shows the base case operating margins and error bars representing one standard deviation in power supply costs, assuming CEA does not initiate procurement until March 2023, the month during which the CPUC would be expected to certify CEA's Implementation Plan amendment addressing expansion to the Cities. Over this eleven-month period 5 Reflects partial year of service for fiscal year ending June 20, 2024, with enrollments assumed to commence on April 1, 2024.

Pacific Energy Advisors, Inc., May 2022 Page 5 of9
6/21/22 / 8A-106
r' ATTACHMENT 4
(between the date of this Expansion Assessment and March 2023), the estimated change in market prices at one standard deviation of variation is approximately _10% relative to base case assumptions. As reflected in Figure 3 (below), the likely range of operating m11rgin outcomes_ is wide, ranging from negative $9 million to positive $17 million. •
Figure 3: Net Surplus Sensitivity to Changes is Power Prices Change in Operating Margin
$20.0
$15.0
$10.0
$ .5
~ $5.0 $ .8
~ Sj:s <I\- $0.0 .L t 2t 6 2024
-$5.0
-$10.0
-$15.0
Fiscal Year Ending

RESOURCE IMPACTS
Similar to the procurement approach used to support CEA's current customers, CEA would need to acquire various energy products to serve the Cities - it is assumed that the proportionate acquisition of such resources would occur over time through t_he application of a laddered hedging strategy, as followed under CEA's risk management program. These energy products include Renewable Energy, Other Carbon Free Energy (e.g., large hydro-electric), System Energy, and Resource Adequacy capacity. The quantities will vary over time and are summarized in Table 5 below for a representative year.

Pacific Energy Advisors, Inc., May 2022 Page 6 of9
6/21/22 / 8A-107
ATTACHMENT 4
Table 5: Summary of Resources Needed to Serve the Cities -------·- -·----·'"'" ··------. --
Product Quantity Units Notes
Renewable 630 GWh GWh Per Approx; half must be from long-term commitments(>= 10 Energy Year yea~s) per RPS rules ··-- Other 110 to GWh Per Higher end of range would be needed to offset emissions Carbon 200 GWh Year attributed to PCC2 renewable energy products; lower use Free of PCC2 products will reduce need for Other Carbon Free volumes
Resource 195MW MW per
Adequacy, Month,
System September
Peak . --··--··-···-·--·------- -~--------- .. ,
Resource 160MW MW Per
Adequacy, Month
Local
Under California's RPS rules, a significant portion of renewable energy purchases must be secured through contractual commitments of at least ten years in duration. Compliance with the RPS program is measured over multi-year compliance periods, and the earliest the expansion could occur would be during Compliance Period 4 (2021-2024). As shown below, RPS compliance would require an increase in renewable energy purchases during Compliance Period 4 of 337 GWh, of which 219 GWh would have to be associated with long-term commitments. Note that CEA has voluntarily adopted higher renewable energy targets than required by the RPS program, so the total renewable energy needed to meet CEA policy is greater than the figures shown below.

Current CEA Membership
Compliance 2021 2022 2023 2024 Total Period 4
Retail Sales 399 662 1,267 1,489 3,816 (GWh)
Gross RPS% 35.8% 38.5% 41.3% 44.0% 41.3%
Required RPS 143 255 523 655 1,576 (GWh)
Gross RPS LT 65.0% 65.0% 65.0% 65.0% 65.0% %
Gross LT RPS 93 166 340 426 1,024
.

Pacific Energy Advisors, Inc., May 2022 Page 7 of9
6/21/22 / 8A-108
ATTACHMENT 4
.

Current CEA Membership Plus the Cities .

Compliance ' < .- 2021 Period 4
2022 2023 2024 Total
Retail Sales 399 662 1,267 2,255 3,816
(GWh)
Gross RPS% 35.8% 38.5% 41.3% 44.0% 41.7%
Required RPS 143 255
(GWh)
523 992 1,913
Gross RPS LT
%

65.0% 65.0% 65.0% 65.0% 65.0%
Gross LT RPS 93 166 340 645 1,243

RESOURCE AVAILABILITY
Accommodating the Cities' expansion will require careful consideration of resource availability, particularly for resource adequacy and long-term renewable energy products. An important element of resource procurement will be the ability to access resources currently held by SDG&E for the benefit of the Cities' customers. When Cities customers transition to CEA service, SDG&E should have surplus resource adequacy and long-term renewable energy supply, so CEA will need to arrange for the acquisition of such supply to facilitate applicable compliance mandates. If no transfer of resources occurs, either by sale or some form of allocation, CEA would risk being unable to meet its regulatory obligations associated with the increased load associated with Cities' expansion.

Under existing regulation, SDG&E is required to have 100% of the local resource adequacy capacity associated with its current customer base two years forward and 50% in the third year. With the wellknown shortages of local resource adequacy capacity in the San Diego/Imperial Valley area, this virtually assures that accessing local RA resources held by SDG&E will be required if CEA is to meet its increased local RA obligations associated with the Cities' load.

With respect to renewable energy availability, the resource constraint would primarily relate to the longterm renewable energy requirement for Compliance Period 4. PEA understands that CEA will soon have an opportunity to pursue an allocation of SDG&E's existing RPS portfolio, as described in Commission Decision 21-05-030, which was adopted on May 20, 2021. Participation in this allocation process is voluntary and certain volumes would be eligible to satisfy long-term renewable energy procurement mandates pertaining to CEA. Additional details related to this process are forthcoming with initial allocations expected to occur during the 2023 calendar year. To the extent that CEA can arrange such an allocation to address the increased renewable energy requirements relating to the Cities' expansion, incremental procurement obligations would be somewhat diminished. If CEA chooses to forgo the aforementioned allocation opportunity, CEA would need to enter into long-term contracts for renewable energy starting in 2024, coincident with (or shortly after) the enrollment of Cities customers.

Development timelines for new renewable generating projects, however, would likely extend a minimum of 24 to 36 months following the administration of a related solicitation for such supply. Depending on how early CEA begins its procurement efforts, this could mean that new-build renewable projects may Pacific Energy Advisors, Inc., May 2022 Page 8 of9
6/21/22 / 8A-109
ATTACHMlzNT4
not commence operation until the 2025 or 2026 calendar years (if CEA waited until it received the CPU C's implementation plan certification before pursuing long-term renewable energy solicitation efforts related to Cities expansion). If the earliest delivery for new long-term contracts occurs after 2024, associated renewable energy deliveries could not be used in Compliance Period 4. The RPS program makes no accommodations for significant load increases, and there are severe penalties for not meeting the longterm contracting obligation.

In light of the resource availability issues described above, it would be advisable to engage with SDG&E early in the process to ensure that appropriate resource transfers and/or the previously described renewable energy allocation process can be timely accommodated. Postponing mass enrollment of the Cities customers into the early timeframe of Compliance Period 5 (2025-2027) would be advised if it is deemed that sufficient resources would not be available for CEA to achieve its Compliance Period 4 requirements.

CAPITAL AND LIQUIDITY IMPACTS
Although relatively minimal, additional costs related to the prospective expansion would be incurred during the fiscal year preceding enrollment of the Cities' accounts. These costs would relate to marketing and outreach activities, customer noticing, regulatory and legal representation, internal operations, resource planning and electric procurement activities that would be necessary to successfully integrate the Cities and their customers in CEA's organization. There would also be increased working capital requirements to address changes in cash flow; It is currently projected that CEA will not have sufficient cash liquidity to internally fund pertinent activities related to the prospective expansion; the current analysis projects a minimum of $7.6 million in additional funding would be needed.

CONCLUSIONS
This assessment concludes that under current base case assumptions the expansion would yield positive operating margins and reserve contributions, but at a level below CEA's 5% reserve contribution target.

Due to wholesale market volatility, the likely range of outcomes is wide under scenarios reflecting typical power price variability. Extending service to the Cities could increase CEA's sales volume by over 80% and would require a meaningful increase in CEA resource acquisition. Advance coordination with SDG&E for resource adequacy and long-term renewable energy resource transfers would be strongly advised to ensure CEA has the resources necessary to meet its regulatory obligations associated with an increase in load. Among other resource implications, the expansion would increase CEA's long-term RPS compliance obligations, and meeting these heightened obligations during Compliance Period 4, which spans 2021- 2024, would be of immediate importance, Postponing mass enrollment of the Cities customers into the early timeframe of Compliance Period 5 (2025-2027) should be considered to reduce the risk that sufficient resources might not be available for CEA to achieve its Compliance Period 4 requirements. It is highly likely that local resource adequacy and long-term renewable energy would need to be obtained from SDG&E to facilitate the transfer of c·ustomers to CEA.

Pacific Energy Advisors, Inc., May 2022 Page 9 of9

Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 21, 2022
City Manager
Jennifer Savage, Assistant to the City Manager
Agenda Item \QA
Approvals:

City Manager
Dept. Head
Attorney -~......,,.~--
Finance~~

UPDATE OF LEGISLATIVE AND TRANSPORT A TJON ACTIVITIES FOR THE CITY OF SAN

CLEMENTE
Fiscal Impact: None to receive an update
Summary: This report provides an update of State legislative and transportation advocacy activities between March 2022 and May 2022, and updates of legislative activities in June 2022.

Background: The City's legislative advocacy consultant 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 87 bills, including proposals related but not limited to housing, local control, coastal matters, surfing, and e-bikes. See Attachment 1 for a summary of legislative advocacy activities between March 2022 and May 2022, and updates for June 2022 activities to date.

The City's transportation advocacy consultant oversees local, regional, and statewide transportation activities that relate and/or may have potential impacts to the City of San Clemente. Their work includes monitoring regional transportation agencies, including meetings, actions, and budgets. See Attachment 2 for a summary of transportation advocacy activities between March 2022 and May 2022.

Discussion: Legislative Activities
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 1. Moving forward, bills related to local control will be given a Priority 1 level, which makes most bills we are tracking Priority 1.

Attachment 1 lists a number of key dates including:
• July 1, 2022 - The last day for policy committees to meet and report bills in the second house.
• August 31, 2022 - The last day for each house to pass bills. o September 30, 2022 - The last day for the Governor to sign or veto bills passed by the Legislature before September 1, 2022 and in the Governor's possession on or after September 1, 2022.

City Manager's Agenda Report
6-21-22 I 10A-1
Agenda Report Page 2
Transportation Activities (
Attachment 2 provides a summary of activities including the Serra siding project, 1-5 widening, and the revised settlement agreement between the Transportation Corridor Agencies and environmental groups.

Plan and Policy
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 officials 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: 1. Report of State Legislative Advocacy activities, March 2022 - May 2022

2. Summary of Transportation Advocacy activities, March 2022 - May 2022 Notification: None
6-21-22 / 1 0A-2
Memorandum
TO: Erik Sund
Jennifer Savage
FR: Marc Aprea
DT: June 16, 2022
RE: Qua1ierly Action Report- March 1, 2022 - June 15, 2022 City of San Clemente Bill File
ATTACHMENT 1
The House of Origin Deadline was Friday, May 27, 2022. Any policy measure that failed to be approved by the House of Origin is now dead. Those bills that have been approved now are in the second house.

June 15, 2022, the FY 2022-23 Budget Bill must be passed by midnight. Like last year, while a "balanced budget" was adopted by the June 15, 2022 deadline (it was adopted Monday, June I 3, 2022), many of the details wil l not be agreed upon unti l August 2022.

June 30, 2022, is the last day for a legislative measure to qualify for the November 8, 2022 General Election ballot. This requires a 2/3 vote of both houses of the Legislature. The governor does not need to approve such a legislative measlU'e.

July 1, 2022, is the last day for policy committees to meet and report bills in the second house.

The governor has until July 1, 2022, to take action on the approved state budget. He may sign the measure, veto the measure or blue pencil veto certain items.

The Summer Recess begins upon adj ournment on July 1, 2022.

August I, 2022, the Legislatrn·e reconvenes from Summer Recess.

August 12, 2022, is the last day for fiscal committees to meet and report bi lls.

August 15 - 31, 2022, is Floor Session only. No committee may meet for any purpose except where the bill is amended in such a substantive manner that it requires a policy committee hearing.

August 25, 2022, is the last day to amend bills on the floor.

August 31, 2022, is the last day for each house to pass bills. 6-21-22 / 1 0A-3
ATTACHMENT 1
September 30, 2022, is the last day for Governor Newsom to sign or veto bills passed by the Legislature before September I, 2022 and in the Governor's possession on or after September 1, 2022.

Attached is the City of San Clemente Bill File providing the title, summary and status of each of the 88 measures we are following on behalf of the city.

As a result of review by City staff and their direction, we have prioritized and taken positions on these measures as indicated in the attached. Al 1 bills regarding local control have been determined to be Priority I.

Wildlife Conservation Board Grant Legislation
On Thursday, May 19, 2022, the Senate Appropriations Committee voted to approve SB 1224 (Bates) Watersheds: wildlife habitat: Counties of Orange and San Diego on a vote of 7 - 0 with amendments. The amendments strike the $37,000,000 appropriations from the bill and instead leaves it to the Senate and Assembly budget process to determine how much money to appropriate for the meastu·e.

On ThLU·sday, May 26, 2022, the Senate approved SB 1224 on a vote of 38 Aye, 2 Not Voting/ Absent.

The measure is now before the Assembly Water, Parks and Wildlife Committee. It is scheduled for a hearing on Tuesday, June 28, 2022, 9:00 am.

As you may recall, this measure was developed by Senator Bates and her staff, to appropriate fi.tnds 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.

The City of San Clemente has suppotied the measure throughout the legislative process. Most recently a letter of support for SB 1224 was submitted to the Assembly Water, Parks and Wildlife Committee on Thtu·sday June 16, 2022.
2022-23 State Budget
On Wednesday, June 8, 2022, SB 154, the Budget Act for Fiscal Year 2022-23 came into print. lt is nearly 1,100 pages. Both the Senate and the Assembly approved this measure on Monday June 13, 2022. The measure is now awaiting action by the governor. The governor has until July 1, 2022, to take action on the budget. He may sign the meastu·e, veto the measure or blue pencil veto certa in items.

The 2022-23 budget includes total spending of j ust over $300 billion, of which an estimated $235.9 billion is from the General Fund. In lieu of the Governor's various Resources- and Energy-related packages, the Legislature adopted a Climate-Energy Budget Plan, appropriating 6-21-22 / 10A-4
(
ATTACHMENT 1
$21 bi! I ion General Fund (in addition to associated federal and specia l fonds) over multiple years, with details subj ect to ongoing negotiations. The Plan is expected to include items related to the fo llowing categories: Water-Drought Resilience, Wildfire Resilience, Sea Level Rise, Extreme Heat, Biodiversity and Outdoor Access, Energy, Zero-Emission Vehicles, and other climate-related actions.

It is within this $21 billion general appropri ation that Senator Bates is seeking funding for the Wildlife Conservation Board for the San Mateo Creek watershed. As you know, SB 1224 authorizes the Wildlife Conservation Board, upon an appropriation by the Legislature, to make 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. The San Mateo Creek watershed is a stated priority.

AB 2011 (Wicks) Affordable Housing and High Road Jobs Act of2022 As you may recall, this measure establishes the Affordable Housing and High Road Jobs Act of 2022 (Act), to create a ministerial, streamlined approval process for 100% affordable housing in commercially-zoned areas and for mixed-income housing along commercial corridors.

The League of California Cities and some individual cities, including the City of San Clemente, are opposed to the measure, because it woul d remove local control and the ability of cities to determine the adequacy of sites for housing and the ability to provide affiliated infrastructure.

The cities have also expressed concern over a potential reduction in tax revenue from the loss of commercial properties.

The City of San Clemente sent a letter of opposition on May 31, 2022. On beha lf of the City of San Clemente we are worki ng in concert w ith the League of Cal ifornia Cities to oppose the measure.

The measure is double referred to both the Senate Housing Committee and to the Senate Governance & Finance Committee. The bill is set for hearing before the Senate Housing Committee on Tuesday, June 2 1, 2022.

AB 1909 (Friedman) Vehicles: bicvcle omnibus bill.

As you may recall, we presented a detailed analysis of this measure to city staff on April 10, 2022. Ctu-rent 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 I and class 2 electric bicycles on these facilities. AB 1909 bi 11 would remove the prohibition of class 3 electric bicycles on these facilities and would instead authorize a local authority to prohibit the operation of any electric bicycle or any class of e lectric bicycle on an equestrian trail, or hiking or recreationa l trail.
6-21-22 I 1 0A-5
ATTACHMENT 1
On June 14, 2022, the measure was approved by the Senate Transportation Committee on a vote of 12 Aye, I No, and 4 Abstained/Not Voting. Senator Bates was among the Members who abstained.

The bill was re-referred to the Senate Appropriations Committee.

The City of San Clemente has not taken a position on the measure. However, per the direction of staff, we continue to closely monitor the measure for amendments.

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

As you may recall, this bill requires the California Highway Patrol (CHP) to develop, on or before September 1, 2023, statewide safety and training programs for users of ebikes, including, but not limited to general ebike riding safety, emergency maneuver skills, rules of the road, and laws pertaining to ebikes. The bill further requires the safety and training programs to be developed in coll aboration with relevant stakeholders and to be posted on CHP's website by September 1, 2023.

On June 14, 2022, the measure was approved by the Senate Transportation Committee on a vote of 15 Aye, 0 No and 2 Abstained/Not Voting. Senator Bates voted Aye.

The City of San Clemente submitted letters of support throughout the legislative process, most recently on June 16, 2022. •
AB 2177 (Irwin) Coastal recreation: designated state surfing reserves.

As you may recall,AB 2177 would require, on or before July 1, 2023, the State Coastal Conservancy 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 to apply to the conservancy 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 local govenunent to include in its application, among other things, a description of the proposed surfing reserve. The bill would require the conservancy to approve the application if the area of the coastline meets the established criteria. The bill would require, once the application is approved, the conservancy to designate the area as a state surfing reserve and to include this designation, where appropriate, in publications or maps that are issued by the conservancy. The bill would authorize the conservancy to revoke the designation if the surfing reserve no longer meets the established criteria.

The City of San Clemente sent a letter of support to the Assembly Appropriations Committee on April 8, 2022.

The Assembly Appropriations Committee analysis stated that according to the State Coastal Conservancy, the creation of state surfing reserves may be considered a regulation subj ect to the Administrative Procedures Act, resulting in costs to the Conservancy of approximately $600,000 to set up the program ( one attorney to work on the rulemaking process during the fi rst 18 months 6-21-22 I 1 0A-6
(
ATTACHMENT 1
and one Conservancy Project Development Specialist in an ongoing role to support the program), as well as ongoing annual costs of approximately $250,000 to suppoti the program and cover any associated travel costs. The Committee analysis further stated that additional costs of an tmknown amount, potentially in the hundreds of thousands of dollars, to contract with an outside technical expert to assist the Conservancy in considering factors such as wave quality and consistency when establishing criteria for purposes of the state surfing reserve designation.

On Thursday, May 19, 2022, the Assembly Appropriations Committee held the measure. The measrn·e is now dead. As such, we have removed this measure from the City of San Clemente Bill File.

ACR 116 (Nguven) California Surfing Day
As you may recall, Assembly Concurrent Resolution 116, 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 spoti of surfing and the protection of our beach and ocean environments, would express support for futme surfers and encourage potential surfing Olympians to work diligently, and would encourage all Californians to enjoy California Surfing Day.

The City of San Clemente sent a letter of support to Assemblymember Nguyen on Apri l 14, 2022.

This measure is now in the possession of the Assembly Rules Committee. According to the author's office, they intend to move this measure sometime in August of 2022.

Monitored and Reported on Political, Legislative and Administration Activity that may impact the City of San Clemente
This included providing a detailed summary and analysis of potential leadership changes in the State Assembly and the statewide outcomes of the June 7, 2022, Primary E lection. This also included changes in personnel within the Newsom Administration that could impact the City of San Clemente.

State Ballot Measures
In our last report, we described two proposed state ballot measures that would impact local jurisdictions, including the City of San Clemente. Below you will please find a description of each. Neither measure will qualify for the November 2022 State Ballot.

Initiative Affecting the Ability of Local Agencies to Raise Taxes 2 1-0042 - "The Taxpayer Protection and Government Accountabi I itv Act" Title: "The Taxpayer Protection and Government Accountability Act" Summary: Would require local jurisdictions to also get a 2/3 voter approval for tax increases, as they have to cw-rently do for special taxes, along with the already required majority vote from 6-21 -22 I 10A-7
ATTACHMENT 1
the local governing body. The tax measure must state that the revenue can be used for general purposes. It would require the Legislature to also get a majority approval from the electorate along with the already required 2/3 vote in the Legislature in order to raise any state taxes.

It expands the definition of tax to include charges and fees and would subject more proposals to the vote requirements for taxes mentioned above.

Tax: While there is no tax associated with this ballot measure, it would have significant impacts on how both the state and local governments were able to raise taxes, and thus, revenue. Would provide for government accountabi I ity for taxes, expand the definition of what is considered a tax, and place the burden on the state and local governments to prove whether something is a tax or an exempted charge and justify the need for such a tax, levy, or exempted charge.

Spending: The measw-e also seeks to define and specify what State and Local Tax revenues can be used for. The LAO estimates that this will result in lower state and local tax revenue.

Effective Date: January 1, 2023.

Status: On May 16, 2022, business interests announced they are delaying tmtil 2024 a campaign to throw up barriers to new taxes in California. Campaign representatives confirmed they would not get the proposed initiative on the November ballot, neutralizing for this campaign cycle what would have been a fiercely contested and highly expensive campaign. Spokesperson Michael Bustamante said supporters were preparing to pursue the measure in two years. "Making the decision today to move forward to the 2024 election wi 11 al low us to finish the job and enable voters to have their voices heard," Bustamante said. The statewide ballot initiative, spearheaded by the California Business Rotmdtable, would have raised the thresholds for legislators to pass both statewide and local taxes. It had already drawn vehement opposition from a coalition of organized labor interests and local governments, who warned it would gut public finances.

Cities and labor unions celebrated this ballot measure setback.

Initiative Affecting Local Land-Use Autho1ity
21-0016AI -Provides that Local Land-Use and Zoning Laws Override Conflicting State Laws Title: "Provides that Local Land-Use and Zoning Laws Override Conflicting State Laws" Summary: Provides that city and county land-use and zoning laws (including local housing laws) override all conflicting state laws, except in certain circumstances related to three areas of statewide concern: (l) the California Coastal Act of 1976; (2) siting of power plants; or (3) development of water, communication, or transportation infrash·ucture projects. Prevents state legislature and local legislative bodies from passing laws invalidating voter-approved local landuse or zoning initiatives. Prohibits state from changing, granting, or denying funding to local governments based on their implementation of this measure. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Fiscal effects of the measure depend on fi.tture decisions by the cities and counties and therefore are unknown.

Status: The measme was withdrawn from gathering signatures on April 27, 2022. ###
6-21-22 / 1 0A-8
(
AB 500
AB 989
San Clemente Bill Tracking
6/16/2022
1 ATTACHMENT 1
{Ward D) Local planning: coastal development: streamlined permitting.

Introduced: 2/9/2021
Last Amend: 8/31/2021
Location: 9/10/2021-5. 2 YEAR
Desk Polic Fiscal Floor Desk Polic Fiscal 2 ear Conf.
lst House 2nd House Cone. Enrolled Vetoed Chaptered
Summary: The Coastal Act generally requires each local government lying, in whole or in part, wit hin the coastal zone to prepare a local coastal program for that portion of the coastal zone within its jurisdiction. Ths bill wou ld 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 t he approval of (1) accessory dwelling units or j unior 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, t he commission consistent with the above-described requirements for the amendment of a local coastal program.

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

Introduced: 2/18/2021
Last Amend: 8/18/2021
Location: 9/10/2021-5. 2 YEAR
Desk Polic Fiscal Floor Desk Polic Fiscal 2 ear Conf.
2 d H C Enrolled Vetoed Chaptered 1st House n ouse one.

Summary: The Housing Accountability Act prohibits a local agency from disapproving, or conditioning approval in a manner t hat renders infeasible, specified housing development proj ects, including proj ect s 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
1 Assigned
Marc Aprea
AB 1445 {Levine D) Planning and zoning: regional housing need allocation: climate change impacts.

Introduced: 2/19/2021
Last Amend: 6/6/2022
Loc_a_tion: 6/_!~/2022-5. APPR. SLJSPENSE_FILE
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

Summary: The Planning and Zoning Law r equires 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 its boundaries, that includes, among other mandatory elements, a housing element. For the 4th and subsequent revisions of the housing element, existing law requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region.

Current law requires the appropriate council of governments, or the department for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county, as provided. Current law requires that the final regional housing plan adopted by a council of governments, or a delegate subregion, as applicable, be based on a methodology that includes specified factors, and similarly requires that the department take into consideration specified factors In distributing regional housing need, as provided.

6-21-22 I 10A-9
Commencing Ja nuary 1, 2025, this bill wou ld require that a council of ~ ~ MIIN!:]9afe subregion, or the department, as applicable, additionally consider among th'ese ta'c:Eors emergency evacuation route capacity, wildfire risk, sea level rise, and other impacts caused by climate change.

Organization Position Priority Assigned
San Clement e Watch 1 Mar c Aprea
AB 1551 (Santiago D) Planning and zoning: development bonuses: mixed- use projects.

Introduced: 2/1 9/2021
Last Amend: 1/13/2022
Location: 6/1/2022-S. GOV. & F.

Desk Polic Fi scal 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: The Density Bonus Law requires a city or count y t o 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. Pr eviously existing law, until January 1, 2022, required a city, county, or city and county to grant a comm ercial developer a development bonus, as specified, when an applicant for approval of a commercial development had entered into an agreement for partnered housing with an affordable housing developer to contribute affordable housing through a j oint project or 2 separate projects encompassing affordable housing. This bill would reenact the above-described provisions regarding the granting of development bonuses to certain proj ects. The bill would r equire a city or county t o annually submit to t he Department of Housing and Community Development information describing an approved commercial development bonus. The bill would r epeal t hese provisions on January 1, 2028.

Organization Position Priority Assigned
Sa n Clemente Watch 1 Mar c Aprea
AB 1 8 50 (Ward D) Public housing: unrestricted multifamily housing.

Introduced: 2/8/2022
Last Amend: 6/6/2022
Location: 5/11/2022-S. HOUSING
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 er e
Summary: Would prohibit a city, county, city and county, joint powers authority, or any other political subdivision of a state or local government from acquiring unrestricted multifamily housing, as defined, unless the development meets specified criteria, including, among other things, that the aggregate initial rent for all units postconversion is at least 10% less than the average aggregate monthly rent charged for all u nits over the 12-month period prior to conversion and at least 20% less than the small area fair market rent for at least half of the units, and the public entity agrees t o make public on its internet website all financial and monitoring reports applicable t o the development within 120 days of receipt. The bill would specify that those provisions do not apply to a development that is or will be subject to a regulatory agreement with t he California Tax Credit Allocation Committee or the Department of Housing and Community Development, or is located in a flood plain or sea level rise vulnerability zone, as specified.

Organization
San Clemente
Position
Watch
AB 1 883 (Quirk-Silva D) Public restrooms.

Introduced: 2/8/2022
Last Amend: 4/18/2022
Location: 6/8/2022-S. GOV. & F . . ----- --- ...

Priority
1 Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. 1st House Znd House Cone. Enrolled Vetoed Chaptered Summary: 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. The bill would require local governments t o report their findings to the State Department of Public Health, which would be requ ired t o compile the information and to make t he inventory available in a searchable database on its internet website, as specified. The bill would require the database to be updated quarterly. The bil l would require the department to conduct educational outreach to the general public and homelessness service providers that the database is available on its internet website.

Organization
San Clemente
Position
Watch
Priority
1 AB 1909 (Friedman D) Vehicles: bicycle omnib us bill.

Assigned
Marc Aprea
6-21-22 I 10A-10

Introduced: 2/9/2022
Last Amend: 3/21/2022
Location: 6/15/2022-5. APPR.

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

ATTACHMENT 1
Enrolled Vetoed Chaptered
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 instead authorize a local authority to prohibit the operation of any electric bicycle or any class of electric bicycle on an equestrian trail, or hiking or recreational trail.

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

Introduced: 2/10/2022
Last Amend: 5/25/2022
Location: 6/8/2022-S. GOV. & F.

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

Summary: 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. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to observe and provide comment. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, t hat the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency's jurisdiction. The act provides an exemption to the jurisdictional r equirement for health authorities, as defined. This bill would require the agenda to identify any member of the legislative body that will participate in the meeting remotely.

Organization
San Clemente
Position
Watch
Priority
1 Assigned
Marc Aprea
AB 1946 (Boerner Horvath D) Electric bicycles: safety and training program.

Introduced: 2/10/2022
Last Amend: 6/6/2022
Location: 6/15/2022-S. APPR.

Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: The Protected Bikeways Act of 2014 provides that t he state's bicycle programs have not been fully developed or funded. Existing law establishes the Department of the California Highway Patrol within the Transportation Agency. This bill would require the department to develop, on or before September 1, 2023, statewide sa fety 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 and training programs to be developed in collaboration with relevant stakeholders and to be posted on the internet website of the department.

Organization Position
San Clemente Support
Notes: Submitted Letter 4.14.22
Priority
1 Assigned
Marc Aprea
AB 2011 (Wicks D) Affordable Housing and High Road Jobs Act of 2022.

I ntroduced: 2/14/2022
Last Amend: 6/14/2022
Location: 6/2/2022-5 . HOUSING
Desk Polic Fiscal Floor Desk Polic Fiscal FJoor Conf.
1st House 2nd House S:onc. Enrolled Vetoed Chaptered
Summary: Would create the Affordable Housing and High Road Jobs Act of 2022, which would make certain housing developments that meet specified affordability and site criteria and objective development standards a use by right within a zone where office, retail, or parking are a principally permitted use, and would subject these development projects to one of 2 streamlined, ministerial

6-21-22 / 10A-11
review processes. The bill wou ld require a development proponent forAtrq1.Ai~~1!~1Mrpe1J1t project approved pursuant to the streamlined, m inisterial review process to require, 1n corifrads" with construction contractors, that certain wage and labor standards will be met, including that all construction workers shall be paid at least the general prevailing rate of wages, as specified. The bill would require a development proponent to certify to the local government that those standards will be met in project construction.

Organization Position Priority Assigned
San Clemente Oppose 1 Marc Aprea
Notes: Letter of Opposition Sent 5.31. Will Submit to Commlttee(s) Upon Referral from Rules.

AB 2048 (Santiago D) Solid waste: franchise agreements: database.

Introduced: 2/14/2022
Last Amend: 6/9/2022
Location: 6/8/2022-S. APPR.

Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf.
1st House 2nd House Cone. Enrolled Vetoed Chaptered
Summary: Would require a jurisdiction or a public agency, as defined, to post on its internet website all current franchise agreements between contract solid waste and recycling haulers and the jurisdiction or the public agency. The bill would require the jurisdiction and the public agency to provide to the Department of Resources Recycling and Recovery the direct electronic link t o those posted franchise agreements, The bill would require the department to create and maintain a publicly accessible database that provides direct electronic links to the post ed franchise agreements. By imposing additional requirements on local agencies, the bill would create a state-mandated local program.

Organization
San Clemente
Position
Watch
Priority
1 Assigned
Marc Aprea
AB 2068 (Haney D) Occupational safety and health: postings: spoken languages.

Introduced: 2/14/2022
Last Amend: 6/6/2022
Locati~n: 6/8/2022-S. _L.! P.E. _& R.

Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. 1st House 2nd House • C_onc. Enrolled Vetoed Chaptered Summary: The Occupational Safety and Health Standards Board, an independent entity within the Department of Industrial Relations, has the exclusive authority to adopt occupational safety and health standards within the state. Current law, the California Occupational Safety and Health Act of 1973, requires employers to comply with certain standards ensuring healthy and safe working conditions, as specified, and charges the division with enforcement of the act. Current law makes certain violations of the act a crime. Current law requires citations, orders, and special orders issued by the department, in enforcing occupational safety and health standards, t o be prominently posted at or near each place a violation referred t o In the citation or order occurred, in accordance with specified timeframes and procedures. This bill would require each posting required in the above-described circumstances, in addition to English, to be provided in any other language spoken by at least 5% of the workers at the place of employment.

Organization
San Clemente
Position
Watch
Priority
1 Assigned
Marc Aprea
AB 2097 (Friedman D) Residential, commercial, or other development types: parking requirements.

Introduced: 2/14/2022
Last Amend: 6/9/2022
Location: 6/15/2022-S. HOUSING
Desk Polle Fiscal Floor Desk Polic Fiscal Floor Conf. I 1st House 2nd House Cone. Enroll~- Veto_ed Chaptered
Summary: Would prohibit a public agency from imposing a minimum automobile parking requirement, or enforcing a minimum automobile parking requirement, on any of specified residential, commercial, or other development types if the project is located with in 1/2 mile of public transit, as defined. When a project provides parking voluntarily, the bill would authorize a public agency to impose specified requirements on the voluntary parking. The bill would prohibit t hese provisions from reducing, eliminating, or precluding the enforcement of any requirement imposed on a new multifamily or nonresidential development to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities. The bill, notwithstanding the above provisions, would also require the development project to provide parking, as required by local ordinance, for em ployees and other workers of hotels, motels, bed and breakfast inns, transient lodgings, and event centers . The bill would exempt certain commercial parking requiremen ts from these provisions if the requirements of the bill conflict with an existing contractua l agreement of the

6-21 -22 / 10A-1 2
public agency that was executed before January 1, 2023.

Organization
San Clemente
Position
Watch
Priority
1 AB 2 114 (Kalra D) California Pocket Forest I nitiative.

Introduced: 2/14/2022
Last Amend: 6/6/2022
Location: 6/1/2022-S. APPR.

Assigned
Marc Aprea
ATTACHMENT 1
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrol led Vetoed Chaptered 1st House 2nd House Cone.

Summary: Would establish t he California Pocket Forest Initiative, administered by the Department of Forestry and Fire Prot ection in conjunction with the California Urban Forestry Act of 1978. Upon an appropriation by the Legislature, t he bill would authorize the department to provide grants to cities, counties, districts, nonprofit organizations, and public schools to establish pocket forests on public lands, as provided. The bill would require the department to prioritize disadvantaged communities and comm unities that lack publicly accessible green space for these grants. The bill would require t he department to partner with one or more academic institutions to test, and submit a report on or before January 1, 2029, t o the Legislature that evaluates, the applicability and effectiveness of the Miyawaki method, as defined, to restore degraded lands and reforest urban areas in multiple regions throughout California.

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

Introduced: 2/15/2022
Last Amend: 5/5/2022
Location: 6/14/2022-S. APPR.

Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. _ Chaptered
Summary: The California Coastal Act of 1976 requires any person wishing to perform or undertake any development in the coastal zone, as defined, in addition t o obt aining 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 governm ent, 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, as defined, fo r a coastal development permit, authorize a city or county to waive or reduce the permit fee for specified proj ects. 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
1 AB 2221 (Quirk-Silva D) Accessory dwelling units.

Introduced: 2/15/2022
Last Amend: 6/6/2022
Location: 6/14/2022-S. GOV. & F.

Assigned
Marc Aprea
Desk Polle Fiscal Floor Desk Polic Fiscal Floor Conf.
lst House 2nd House Cone. Enrolled Vetoed Chaptered
Summary: The Planning and Zoning Law, among other things, provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. Current law requires a local ordinance to require an accessory dwelling unit t o be either att ached to, or located within, the proposed or existing primary dwelling, as specified, or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, This bill would specify that an accessory dwelling unit t hat is detached from the proposed or existing primary dwelling may include a detached gar age.

Organization
San Clement e
Position
Watch
Priority
1 Assigned
Marc Aprea
AB 2234 ( Rivas, Robert D) Planning and zoning: housing: postentitlement phase permits.

I ntroduced: 2/15/2022

6-21-22 / 10A-1 3
Last Amend: 6/8/2022 ATTACHMENT 1
Location: 6/15/2022-5. HOUSING
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf.
1st House 2nd House Cone. Enrolled Vetoed Chaptered
Summary: The Permit Streamlining Act requires public agencies to approve or disapprove of a development proj ect within certain specified timeframes. Current law requires a city, county, or special district to provide specified information, including a current schedule of fees, exactions, and affordability requirements applicable to a proposed housing development project, and an archive of impact fee nexus studies, cost of service studies, or equivalent studies, conducted by the city, county, or special district, on its internet website. This bill would require a local agency to compile a list of information needed to approve or deny a postentitlement phase permit, as defined, to post an example of a complete, approved application and an example of a complete set of postentitlement phase permits fo r at least 5 types of housing development projects in the jurisdiction, as specified, and to make those items available to all applicants for t hese permits no later than January 1, 2024. The bill would define "local agency" for these purposes to mean a city, county, or city and cou nty. No later than January 1, 2024, except as specified, the bill would require a local agency to require permits to be applied for, completed, and retrieved by the applicant on its internet website, and to accept applications and rel ated documentation by electronic mail until that internet website is established.

The bill would r equire the internet website t o list the curr ent processing status of the applicant's permit by the local agency, and would r equire that status to note whether it is being reviewed by the agency or action is required from the applicant.

Organization
San Clemente
Position
Watch
Priority
1 Assigned
Marc Aprea
AB 2295 (Bloom D) Local educational agencies: housing development projects.

Introduced: 2/16/2022
Last Amend: 5/2/2022
Location: 6/15/2022-S. HOUSING
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. E 11 d 1st House 2nd House Cone. nro e Vetoed Chaptered
Summary: Would deem a housing development project an allowable use on any real property owned by a local educational agency, as defined, if the housing development satisfies certain conditions, including other local objective zoning standards, objective subdivision standards, and objective design review standards, as described. The bill would deem a housing development t hat meets these requirements consistent, compliant, and in conformity with local development standards, zoning codes or maps, and the general plan. The bill, among other things, would authorize the land used for the development of t he housing development to be j ointly used or jointly occupied by the local educational agency and any other party, subject to specified requirements. The bi ll would exempt a housing development project subject to these provisions from various requirements regarding the disposal of surplus land. The bill would repeal its provisions on January 1, 2033.

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

Introduced: 2/16/2022
Last Amend: 5/2/2022
Location: 6/14/2022-S. GOV. & F.

Desk Polic Fiscal Floor Desk Polic Fisq1I FJ oqr Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.

Summary: The Density Bonus Law requires a city or co unty 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 t o construct specified percentages of units for lower income, very low income, or senior citizen housing, among other things, and m eets other requirements. Current law requires that an applicant agree to, and the city, county, or city and county ensure, the continued affordability of al l very low and low-income rental units that qualified the applicant for a density bonus, as provided. Current law, for developments where 100% of all units are for lower income households, except as provided, requires that rent for 20% of th e units be set at an affordable rent and that rent for the remaining units be at an amount consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee (CTCAC). Current law, with respect to a for-sale unit that qualified the applicant for a density bonus, also requires that the local government enforce an equity sharing agreement, as provided, unless it is in conflict with the requirements of another public funding source or law. 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 m aximum rent levels for

6-21-22 / 10A-14
lower income households, as those rents and incomes are determinedPl'flfTAe:l-JMENT 1 Organization Position Priority Assigned
San Clemente Watch 1 Marc Aprea
AB 2339 (Bloom D) Housing element: emergency shelters: regional housing need.

Introduced: 2/16/2022
Last Amend: 5/2/2022
Location: 6/13/2022-S. APPR.

Desk Policy Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. 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 r equires 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 delete language regarding emergency shelter st andards structured in relation t o residential and commercial developments and instead require that emergency shelters only be subject to specified written, objective standards.

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

Introduced: 2/17/2022
Last Amend: 3/31/2022
Location: 6/15/2022-S. APPR.

Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrol led Vetoed 1st House 2nd House Cone. Chaptered
Summary: Current law defines "low-speed vehicle" for purposes of the Vehicle Code as a motor vehicle with 4 wheels that is capable of a minimum speed of 20 miles per hour and a maximum speed of 25 miles per hour on a paved level surface and that has a gross vehicle weight rating of less than 3,000 pounds. 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 Veh icle Code is an infraction, unless otherwise specified. This bill would authorize the County of Los Angeles or any city in the So uth Bay cities area, as defined, to establish a similar NEV transportation plan for a plan area that may include any applicable portion of the cou nty or city located within the jurisdiction of the South Bay Cities Council of Governments, as specified, subject to the same penalties.

The bi ll would require that the transportation plan have received a prior review and the comments of the Southern California Association of Governments and any agency having traffic law enforcement responsibilities in an entity included in the plan area.

Organization
Sa n Clement e
Position
Watch
Priority
1 Assigned
Marc Aprea
AB 2449 (Rubio. Blanca D) Open meetings: local agencies: teleconferences.

Introduced: 2/17/2022
Last Amend: 6/ 15/2022
Location: 6/8/2022-S._ GOV. & F.
• Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.

Summary: 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. The act contains specified provisions regarding the timelines for posting an agenda and providing for the abi lity of the public t o observe and provide comment. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each t eleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency's jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. This bill

6-21-22 / 10A-15
would revise and recast those teleconferencing provisions and, until J~'lf'l:M~¥41ME_INl1f1d-jauthorize a local agency to use teleconferencing without complying with the teleconferencing requirements that each teleconference location be identified in the notice and agenda and that each teleconfer ence location be accessible to the public if at least a quorum of the members of the legislative body participates in person from a singular physical location dearly identified on the agenda that is open to the public and situated within the local agency's jurisdiction.

Organization Position Priority Assigned
San Clemente Watch 1 Marc Aprea
AB 2462 (Valladares R) Neighborhood electric vehicles: County of Los Angeles: Westside Planned Communities.

AB 2536
Introduced: 2/17/2022
Last Amend: 3/10/2022
Location: 5/18/2022-S. TRANS.

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

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 to establish a similar NEV transportation plan for the Westside Planned Communities in that county, subject t o the same penalties. The bill would require a report to the Legislature by August 31, 2028, containing certain Information and recommendations related to the NEV transpo rtation plan. The bill would repeal these provisions on January 1, 2040.

Organization
San Clemente
Position
Watch
Priority
1 Assigned
Marc Aprea
(Grayson D) Development fees: impact fee nexus studies: connection fees and capacity charges.

Introduced: 2/17/2022
Last Amend: 4/26/2022
Location: 5/25/2022-S. GOV. & F.

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

Summary: The Mitigation Fee Act requires a local agency that establishes, increases, or imposes a fee as a condition of approval of a development project to, among other things, determine a reasonable relationship between the fee's use and the type of development project on which the fee is imposed.

Current law requires a local agency that conducts an impact fee nexus study to follow certa in 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 require a local agency, prior to levying a new fee or capacity charge or approving an increase in an existing fee or capacity charge, to evaluate the amount of the fee or capacity charge. The bill would require the evaluation to include evidence to support that the fee or capacity charge does not exceed the estimated reasonable cost of providing service, as specified . The bill would require all information constituting the evaluation to be made publicly available at least 14 days prior to a specified meeting.

Organization
San Clemente
Position
Watch
Priority
1 Assigned
Marc Aprea
AB 2593 (Boerner Horvath D) Coastal resources: coastal development permits: blue carbon demonstration projects: new development: greenhouse gas emissions.

Introduced: 2/18/2022
Last Amend: 6/15/2022
Location: 6/14/2022-S. APPR.

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

Summary: The California Coastal Act of 1976, among other things, requires anyone wishing to perform or undertake any development in the coastal zone, except as specified, 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 from the California Coastal Commission, as provided. This bill would authorize the commission to authorize blue carbon demonstration projects, as defined, in order to demonstrate and quantify the carbon sequestration potenti al of these projects to help inform the state's natural and working lands and climate resilience strategies.

Organization Position Priority Assigned
(

6-21-22 I 10A-16
San Clemente Watch 1 Marc Aprea ATTACHMENT 1
AB 2630 (O'Donnell D) Housing: California Interagency Council on Homelessness: report.

Introduced: 2/18/2022
Last Amend: 5/19/2022
Location: 6/8/2022-S. rlUM. S. _
Desk Polic Fiscal Floor Desk Polic Fi~cal Floor Conf.
1st House 2nd House Cone. Enrolled Vetoed Chaptered
Summary: Would require each city, county, and city and county that has used funds from any state funding source to assist In addressing homelessness to complete a report and publish the report on its internet website providing specified in formation, or, alternatively, publ ishing a local homelessness action plan on its internet website, thereby imposing a state-mandated local program.

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

Introduced: 2/18/2022
Last Amend: 4/19/2022
Location: 5.f25/?,_02_2.~_S. GOV'. & F.

Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf.

Enrolled Vetoed Chaptered 1st House 2nd House Cone.

Summary: 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 less than 72 hours before a meeting available for public inspection, as specified, at a public office or location t hat the agency designates. Current law also requires the local agency to list the address of the office or location on the agenda for all meetings of the legislative body of the agency. Current law authorizes a local agency to 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. 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 and list the address of the office or location on the agenda for all meetings of the legislative body of the agency unless the local agency meets certain requirements, including the local agency immediately posts 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
1 Assigned
Marc Aprea
AB 2668 (Grayson D) Planning and zoning: housing: streamlined, ministerial approval.

Introduced: 2/18/2022
Last Amend: 6/6/2022
l.o~_c1tion: 6/14/2022-S. GOV. & F:

Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed h d 1st House 2nd House Cone. C aptere
Summary: The Planning and Zoning Law, until January 1, 2026, authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards. Current law specifies that a development is consistent with the objective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. This bill would clarify that a development subject to these provisions is subject to a streamlined, ministerial approval process, and not subject to a conditional use permit or any other nonlegislative discretionary approval.

Organization Position Priority
San Clemente Watch 1
AB 2705 (Ou irk-Silva D) Housing: fire safety standards.

Introduced: 2/18/2022
Last Amend: 5/23/2022
Lo1:a!icm: 6/15/2022-S. HOU?IN~
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal flggr Conf.
1st House 2nd House Cone. Enrolled Vetoed Chaptered
Summary: Current law requires the State Fire Marshal to prepare, adopt, and submit building standards and other fire and life safety regu lations to the California Building Standards Commission for

6-21-22 / 10A-17
approval establishing minimum requirements for the storage, handlin~qTTl!.&16iqff\!ilcJZMCl?l1f materials. Current law requires the State Fire Marshal to seek the adv1ce'ot'tne $ecre"fary 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 wou ld result in a new residential development project, as defined, being located within a very high fire hazard severity zone, unless the city or county finds that the residential development project will meet specified standards intended to address wildfire risks, as specified, and would provide t hat t hese provisions do not limit or prohibit a legislative body of a city or county from adopting more stringent standards.

Organization
San Clemente
Position
Watch
Priority
1 AB 2798 (Fong R) Freight: development projects.

Introduced: 2/1 8/2022
Last Amend: 4/21/2022
Location: 6/1/2022-S. GOV. & F.

Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf.
lst House z nd House Cone. Enrolled Vetoed Chaptered
Summary: The Permit Streamlining Act requires public agencies t o approve or disapprove of a development project within certain timeframes, as specified. The act requires a public agency, upon its determination that an application for a development project is incomplete, to include a list and a thorough description of the specific information needed to complete the application. Current law authorizes the applicant to submit the additional material t o the public agency, requires the publ ic agency t o determine whether the submission of the application together with the submitted materials is complete within 30 days of receipt, and provides for an appeal process from the public agency's determination. Current law requires a final written determination by the agency on the appeal no later than 60 days after receipt of the applicant's written appeal. Thi s bill, until January 1, 2024, would prohibit a local agency from denying a permit for a short-term freight transpo rtation use, as defined, that is submitted by a developer on a parcel if the proposed use is in conformity with applicable plans, programs, and ordinances, among other things, that apply to the land, solely because the developer has a pending development application, or is concurrently submitting a development application, for a freight transportation project on that land. The bill would restrict the appli cation of its provisions to land zoned for industrial or agricultural uses, subject to specified conditions, as of the date of the application submission.

Organization
San Clemente
Position
Watch
Priority
1 Assigned
Marc Aprea
AB 2863 (Wilson D) Green building standards: bicycle parking, Introduced: 2/18/2022
Last Amend: 4/21/2022
Location: 6/8/2022-S. HOUSING
Desk Polic Fiscal Floor Desk Polic Fiscal _FJ9Qr_ Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.

Summary: Would require the Department of Housing and Community Development, upon the next triennial update of the California Green Building Standards Code that occurs on or after January 1, 2023, to research, develop, and propose for adoption mandatory building standards for short-term and long-term bicycle parking in multifamily residential buildings, hotels, and motels. The bill would also require the commission, upon the next trienn ial update, to research, develop, and adopt revised mandatory building standards for short-term and long-term bicycle parking in nonresidential buildings.

The bill would require the department and the California Building Standards Commission, in developing these standards, to develop minimum mandatory bicycle parking standards using a method that is independent of the number of vehicle parking spaces. The bill would include related legislative findings.

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

Introduced: 3/2/2022
Last Amend: 4/18/2022
Location: 6/9/2022-A. ENROLLMEN!
Desk Poli Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
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 an applicant seeking a change of organization or reorganization to submit a plan for providing services within the affect ed territory. Current law requires a petitioner or legislative body desiring to

6-21-22 I 10A-18
ACA 14
initiate proceedings to submit an application to the executive officer ofAtf~~HM~~tion commission, and requires the local agency formation commission, witti 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 Position Priority Assigned
San Clemente Watch 1 Marc Aprea
(Wicks D) Homelessness and affordable housing.

Introduced: 3/24/ 2022
Last Amend: 5/12/2022
Location: 5/16/2022-A. APPR.

Desk Polic Fiscal Floor Desk Polic Fiscal F_loor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: The California Constitution authorizes the development, construction, or acquisition of developments composed of urban or rural dwellings, apartments, or other living accommodations for persons of low income financed in whole or in part by the federal government or a state public body, or to which the federal government or a state public body extends assistance, if a majority of the qualified electors of the city, town, or county in which the housing is proposed to be located approves the project by voting in favor thereof, as specified. This measure, the Housing Opportunities for Everyone (HOPE) Act, would create an account in the General Fund into which, beginning in the 2024- 25 fiscal year, and each fiscal year thereafter until September 30, 2033, a sum would be transferred from the General Fund equal to or greater than 5% of the estimated amount of General Fund revenues for that fiscal year, as specified . The measure would require the moneys in the account to be appropriated by the Legislature to the Busin ess, Consumer Services, and Housing Agency, and would authorize that agency t o expend the moneys to fund prescribed matters related to homelessness and affordable housing, including housing and services to prevent and end homelessness.

Organization
San Clemente
Position
Watch
Priority
1 Assigned
Marc Aprea
ACR 116 ( Nguyen R) California Surfing Day.

SB 6
SB 12
Introduced: 1/3/2022
Location: 1/6/2022-A. RLS.

Desk Polic Fiscal Floor Desk Poli!=Y Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House 2n_clJ:!ouse Cone.

Summary: Would recogni ze 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 Position
San Clemente Support
Notes: Submitted Letter 4.14.22
Priority
1 Assigned
Marc Aprea
(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. Enrolled Vetoed Chaptered 1st House 2nd House Cone.

Summary: The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other m andatory 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 t o meet or exceed the density deemed appropriate to accommodate housing for lower income households according to the type of local jurisdiction, including a density of at least 20 units per acre for a suburban jurisdiction.

Organization
San Clement e
Position
Watch
Priority
1 Assigned
Marc Aprea
(McGuire D) Local government: planning and zoning: wildfires.

Introduced: 12/7/2020
Last Amend: 6/6/2022

6-21 -22 I 10A-19
SB 555
SB 852
SB 891
Location: :,/24/2022-A. H. & C.D.

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

Summary: The Planning and Zoning Law requires the legislative body of a city or county to adopt a comprehensive, long-term general plan that includes various elements, including, among others, a housing element and a safety element for the protection of the community from unreasonable risks associated with the effects of various geologic and seismic hazards, flooding, and wildland and urban fires . Current law requires the housing element to be revised according to a specific schedule. Current law requires the planning agency to review and, if necessary, revise the safety element upon each revision of the housing element or local hazard mitigation plan, but not less than once every 8 years to identify new information relating to flood and fire hazards and climate adaptation and resiliency strategies applicable to the city or county that was not available during the previous revision of the safety element. Current law requires that the Office of Planning and Research, among other things, coordinate with appropriate entities, including state, regional, or local agencies, to establish a clearinghouse for climate adaptation information for use by state, regional, and local entities, as provided. This bill would require the safety element, upon the next revision of the housing element or the hazard mitigation plan, on or alter July 1, 2024, whichever occurs first, to be reviewed and updated as necessary to include a comprehensive retrofit strategy to reduce the risk of property loss and damage during wildfires, as specified, and would require the planning agency to submit the adopted strategy to t he Office of Planning and Research for inclusion into the above-described clearing house
Organization
San Clemente
Position
Watch
Priority
1 Assigned
Marc Aprea
(McGuire D) Local agencies: transient occupancy taxes: short-term rental facilitator: collection.

Introduced: 2/18/2021
Last Amend: 7/14/2021
Location: 8/27/2021~A. 2 YEAR
Desk Polic Fiscal Floor Desk Polic 2 ear Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.

Summary: Would authorize a local agency, defined to mean a city, county, or city and county, including a charter 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 California 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 renta l as specified in this bi ll.

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

Introduced: 1/18/2022
Last Amend: 6/6/2022
Location: 5/27/202~~A1 L. ~ov.

Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. E II d ____________ .._ ............. __ ...... ...,_ __ ....., ___ _,,_,__ ___ - -...L.-.;..;,,,;---l n ro e Vetoed Ch apt ere d 1st House 2nd House Cone. _ _
Summary: Wou ld authorize a city, county, city and county, special district, or a combination of any of those entities to form a climate resilience district, as defined, for the purposes of raising and allocating funding for eligible projects and the operating expenses of eligible projects. The bill would deem each district to be an enhanced infrastructure financing district and would require each district to comply with existing law concerning enhanced infrastructure financing districts, unless the district is specified as otherwise. The bill would require a district to finance only specified projects that meet the definition of an eligible project. The bill would define "eligible project" to mean projects that address sea level rise, extreme heat, extreme cold, the risk of wildfire, drought, and the risk of flooding, as specified. The bill would establish project priorities and would authorize districts to establish additional priorities.

Organization
San Clemente
Position
Watch
Priority
1 Assigned
Marc Aprea
(Hertzberg D) Business licenses: stormwater discharge compliance.

Introduced: 1/31/2022
Last Amend: 5/18/2022
Location: 6/14/2022-A. L. GOV.

Desk Polic Fiscal Floor Desk Polic fo;cal Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House Orne.

Summary: Current law requires, when applying to a city or a county for an initial business license or business license renewal, a person who conducts a business operation that is a regulated industry, as

6-21-22 I 1 0A-20
SB 896
SB 922
defined, to demonstrate enrollment with the National Pollutant Dischar~Ai~~(NPDES) permit program by providing specified information, under penalty of perjury, ontheapplicatio'n, Including, among other things, the Standard Industrial Classification Code for the business, and an applicable identification number, as specified. Current law applies these provisions to all applications for Initial business licenses and business license renewals submitted on and after January 1, 2020.

This bill would require the city or county to make the applicable identification number available to the public upon request, as provided.

Organization
San Clemente
Position
Watch
Priority
1 Assigned
Marc Aprea
{Dodd D) Wildfires: defensible space: grant programs: local governments.

Introduced: 2/1/2022
Last Amend: 5/5/2022
Location: 6/13/2022-A. APPR.

Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. E II d V t d 1st House 2nd House Cone. nro e e oe Chaptered
Summary: Current law requires the Director of Forestry and Fire Protection to establish a statewide program to allow qualified entities, including counties and other political subdivisions of the state, to support and augment the Department of Forestry and Fire Protection in its defensible space and home hardening assessment and education efforts. Current law requires the director to establish a common reporting platform that allows defensible space and home hardening assessment data, collected by the qualified entities, to be reported to the department. This bill would require any local governmental entity that is qualified to conduct these defensible space assessments in very high and high fire hazard severity zones, as specified, and that reports that information to the department, to report that information using the common reporting platform. The bill would require the department, on December 31, 2023, and annually thereafter, to report to the Legislature all defensible space data collected through the common reporting platform, as provided.

Organization
San Clemente
Position
Watch
Priority
1 Assigned
Marc Aprea
{Wiener D) California Environmental Quality Act: exemptions: transportation-related projects.

Introduced: 2/3/2022
Last Amend: 5/11/2022
Location: 6/13/2022-A. APPR.

Desk Polle Fiscal Floor Desk Polic Fiscal Floor CCoo nncf.. Enrolled Vetoed 1st House 2nd House Chapt ered
Summary: The California Environmental Quality Act (CEQA) until January 1, 2030, exempts from Its requirements bicycle transportation plans for an urbanized area for restrlping of streets and highways, bicycle parking and storage, signal timing to improve street and highway intersection operations, and related signage for bicycles, pedestrians, and vehicles under certain conditions. This bill would delete the requirement that the bicycle transportation plan is for an urbanized area. The bill would extend the exemption to an active transportation plan or pedestrian plan. The bill would define "active transportation plan" and "pedestrian plan." The bill would specify that Individual projects that are a part of an active transportation plan or pedestrian plan remain subject to the requirements of CEQA unless those projects are exempt by another provision of law.

Organization
San Clem ente
Position
Watch
Priority
1 Assigned
Marc Aprea
SB 1067 {Portantino D) Housing development projects: automobile parking requirements.

Introduced: 2/15/2022
Last Amend: 5/19/2022
Location: 6/15/ 2022-A. L. GOV.

Desk Polle Fiscal Floor Desk Polic Fiscal Floor Conf.
1st House 2nd House Cone. Enrolled Vetoed Chaptered
Summary: Would prohibit a city, county, or city and county from imposing any minimum automobile parking requirement on a housing development project, as defined, that is located within 1/2 mile of public transit, as defined. The bill, notwithstanding the above-described prohibition, would authorize a city, county, or city and county to impose or enforce minimum automobile parking requirements on a housing development project if the local government demonstrates to the developer, within 30 days of the receipt of a completed application, that the development would have a negative impact, supported by a preponderance of the evidence, on the city's, county's, or city and county's ability to meet its share of specified housing needs or existing residential or commercial parking within 1/2 mile of the housing development. The bill would create an exception from the above-described provision if the development either dedicates a minimum of 20% of the total number of housing units to very low, low- ' or moderate-income households, students, the elderly, or persons with disabilities or contains fewer

6-21-22 / 10A-21
than 20 housing units.

Organization
San Clemente
Position
Watch
Priority
1 Assigned
Marc Aprea
ATTACHMENT 1
SB 1078 (Allen D) Sea Level Rise Revolving Loan Pilot Program.

SB 1100
Introduced: 2/15/2022
Last Amend: 5/19/2022
Location: 6/2/2022-A. N.A.T. RES.

Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf.
d Cone. Enrolled Vetoed Chaptered 1st House 2n House
Summary: Would require the Ocean Protection Council, in consultation with t he State Coastal Conservancy, to develop the Sea Level Rise Revolving Loan Pilot Program for purposes of providing low-interest loans to local jurisdictions, as defined, for the purchase of coastal properties in their jurisdictions identified as vulnerable coastal property, as defined, located in specified communities, 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 v ulnerable 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 vu lnerable coastal properties to be eligible for participation in the program,
Organization
San Clemente
Position
Wat ch
Priority
1 (Cortese D) Open meetings: orderly conduct.

Introduced: 2/16/2022
Last Amend: 6/6/2022
Location: 5/5/2022-A. L. GOV.

Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf 1 • - - - 1st House 2nd House Cone·. Enrolled ~=~oed C~~~tered
Summary: The Ralph M. Brown Act, r equires, 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 requires every agenda for regular meetings of a local agency to provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body's consideration of the item, that Is within the subj ect matter jurisdiction of the legislative body. Current law authorizes the legislative body to adopt reasonable regulations to ensure that the Intent of t he provisions r elating to this public comment requirement is carried out, including, but not limited to, regulations limiting t he total amount of time allocated for public t est imony on particular issues and for each individual speaker.

Current law authorizes the members of the legislative body conducting the meeting to order the meeting room cleared and continue in session, as prescribed, if a group or groups have willfully interrupted the orderly conduct of a meeting and order cannot be restored by the removal of individuals who are willfully interrupting the meeting. This bill would authorize the presiding member of the legislative body conducting a meeting to remove an individual for disrupting the meeting. The bill, except as provided, would require removal t o be preceded by a warning to the individual by the presiding member of the legislative body or their designee that the individual's behavior is disrupting the meeting and that the individual's failure to cease their behavior may result in their removal.

Organization
San Clemente
Position
Watch
Priority
1 Assigned
Marc Aprea
SB 1186 (Wiener D) Medicinal Cannabis Patients' Right of Access Act.

Introduced: 2/17/2022
Last Amend: 4/25/2022
Location: 6/9/2022-A. B.&P.

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

Summary: Would enact the Medicinal Cannabis Patients' Right of Access Act, which, on and after January 1, 2024, would prohibit a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses, as defined, or that has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers in a timely and readily accessible manner and in types and quantities that are sufficient t o meet demand from medicinal cannabis patients within the

6-21-22 I 1 0A-22
local jurisdiction, as specified. The bill, on and after January 1, 2024, ~qtcrin:eldtl-.n-i:aNtre 'ct may be enforced by an action for writ of mandate brought by a medicinal cannao1s p'atient' b"r' tfie1r primary caregiver, a medicinal cannabis business, the Attorney General, or any other party otherwise authorized by law.

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

Introduced: 2/17/2022
Last Amend: 4/19/2022
Location: 5/27/2022-A. B.&P.

Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: 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 Bui lding Standards Code. This bi ll would, except as specified, require public restroom facilities to be designed to serve all genders, as specified. The bill would give a city, county, or city and county discretion to exclude certain occupancies from the bill's requirements.

Organization
San Clemente
Position
Watch
Priority
1 SB 1214 (Jones R) Planning and zoning: local planning.

Introduced: 2/17/2022
Last Amend: 4/28/2022
Location: 5/27/2022-A. L. GOV.

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

Summary: The Planning and Zoning Law establishes in each city and county a planning agency with the powers necessary to carry out the purposes of the law. Current law requires the legislative body of each city and county to by ordinance assign the functions of the planning agency to a planning department, one or more planning commissions, administrative bodies or hearing officers, the legislative body itself, or any combination thereof, as it deems appropriate and necessary. Current law authorizes a legislative body to establish for its planning agency any rules, procedures, or standards that do not conflict with state or federal law. This bill would require a local planning agency to ensure architectural drawings that contain protected information, as defined, are made available to the public in a manner that does not facilitate their copying, as specified. By requiring a planning agency to take specified actions with respect to architectural drawings, this bill would create a state-mandated local program.

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

Introduced: 2/17/2022
Last Amend: 5/19/2022
Location: 6/2/2022-A.. W.,P. & W._ __
Desk Policy Fiscal Floor Desk Polic Fiscal Floor Conf.
1st House 2nd House Cone. Enrolled Vetoed Chaptered
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 authorize the Wildlife Conservation Board, upon an appropriation by the Legislature, to make 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 th e Counties of Orange and San Diego, as provided.

Organization Position
San Clemente Support
Notes: Letter Submitted- 3.23.22
SB 1252 (Committee on Housing) Housing.

Introduced: 2/17/2022
Last Amend: 6/14/2022
Location: 5/27/2022-A. H. & C.D.

Priority
1 Assigned
Marc Aprea

6-21-22 / 1 0A-23
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled 1st House 2nd House Cone.

Summary: The Davis-Stirling Common Interest Development Act, defines and regulates common interest developments. Existing law requires an association to distribute specified annual reports to its members, to solicit members' delivery preference for notices from the association, and to record the collected preferences at least 30 days before distributing the annual budget report. This bill wo uld require an association to record the collected preferences at least 30 days before distributing the ann ual budget report and the annual pol icy statement.

Organization
San Clemente
Position
Watch
SB 1290 (Allen D) Sidewalk vendors.

Introduced: 2/18/2022
Last Amend: 5/9/2022
Location: 6/2/2022-A. L. GOV.

Priority
1 Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf
lst House 2nd House Cone·. Enrolled Vetoed Chaptered
Summary: Current law prohibits a local authority, as defined, from regulating sidewalk vendors, except in accordance with specified provisions. Current 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. Current law requir es a local authority to accept 20% of the administrative fine under specified circumstances. This bill, until January 1, 2026, would authorize a local authority not to make an ability-to-pay determination when assessing an administrative fine and wou ld permit a local authority not to accept 20% of the administrative fine for the 4th violation or subsequent violations with in one year of the first violation of the same regulation if the local authority's sidewalk vending program satisfies certain criteria.

Organization
San Clemente
Position
Watch
Priority
1 Assigned
Marc Aprea
SB 1307 (Rubio D) Department of Housing and Community Development: Mobilehome Parks Act: Special Occupancy Parks Act.

Introduced: 2/18/2022
Last Amend: 5/19/2022
Loc<!ti~_l'l: 6/2/2022-A. H. & C.D . ..

Desk Polic Fiscal Floor Desk Polic Fiscal I Floor Conf. 1st House 2nd House Cone. Enrolled Vetoed Chaptered
Summary: The Mobilehome Parks Act establishes requirements for the construction, maintenance, occupancy, use, and design of mobilehome parks and requires the Department of Housing and Community Development to enforce the act. The Special Occupancy Parks Act establishes requirements for the construction, maintenance, occupancy, use, and design of special occupancy parks and requires the department to enforce the act . Current law authorizes a city, county, or city and county to assume responsibility for the enforcement of the Mobilehome Parks Act, the Special Occupancy Parks Act, and the regulations adopted pursuant to those acts, following approval by the department for the assumption, as specified. This bill would require the department to post an explanation of the process for a city, county, or city and county to assume the enforcement responsibilities pursuant to the acts described above, on its internet website, in m ultiple languages.

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

Introduced: 2/18/2022
Last Amend: 6/9/2022
Location: 6/9/2022-A. U. & E.

Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf.
1st House 2nd House C_or1c. Enrolled Vetoed Chaptered
Summary: Current law requires the State Energy Resources Conservation and Development Commission to gather or develop, and publish on its internet website, guidance and best practices t o help building owners, th e construction industry, and local governments overcome barriers to electrification of buildings and installation of electric vehicle charging eq uipment that include one or more specified topics . This bill would require the commission to gather or develop, and publish on its internet website, the guidance and best practices by July 1, 2023, and would require the guidance to include all of those specified topics and additional topics. The bi ll would require the commission to update annually the guidance and best practices. The bill would require a city, including a charter city, or county, when adopting an ordinance requiring the replacement of a fossil fuel-fired appliance with

6-21-22 I 1 0A-24
an electric appliance upon the alteration or retrofit of a residential andp;iff.~~Wtll~N~rtlJ, to consider any guidance published by the commission. The bill would require the commission, upon req uest by a local government considering the adoption of that ordinance, to provide technical assistance to the local government.

Organization
San Clemente
Position
Watch
Priority
1 Assigned
Marc Aprea
SB 1425 (Stern D) Open-space element: updates.

Introduced: 2/18/2022
Last Amend: 4/18/2022
Location: 5/27/2022-A. L. GOV.

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

Summary: Would require every city and county to review and update its local open- space plan by January 1, 2026. The bill would require the local open-space plan update to Include plans and an action program that address specified issues, including climate resilience and other cobenefits of open space, correlated with the safety element. By imposing additional duties on local officials, the bill would create a state-mandated local program.

Organization
San Clemente
Position
Watch
Priority
1 Assigned
Marc Aprea
SB 1444 (Allen D) Joint powers authorities: South Bay Regional Housing Trust.

I ntroduced: 2/18/2022
Last Amend: 5/17/2022
Location: 6/8/2022-A. H. & C.D.

Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. E II d V t d 1st House 2nd House Cone. nro e e oe Chaptered
Summary: The Joint Exercise of Powers Act authorizes 2 or more public agencies, by agreement, to form a joint powers authority to exercise any power common to the contracting parties, as specified.

The act authorizes the agreement to set forth the manner by which the j oint powers authority will be governed. The act specifically authorizes the establishment of specified joint powers authorities, including the San Gabriel Valley Regional Housing Trust, for the purposes of funding housing specifically assisting the homeless population and persons and families of extremely low, very low, and low income, as specified. This bill would similarly authorize the establishment of the South Bay Regional Housing Trust, a joint powers authority, by the County of Lo s Angeles and any or all of the cities within the jurisdiction of the South Bay Cities Council of Governments, with the stated purpose of funding housing t o assist the homeless population and persons and families of extremely low, very low, and low income within the South Bay. The bill would authorize the South Bay Regional Housing Trust to fund the planning and construction of housing, receive public and private financing and funds, and authorize and issue bonds.

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

SCA 9
Introduced: 2/28/2022
Last Amend: 4/18/2022
LCJ<:~tion: 5/19/2022-A. L _GOV.

Desk Polle Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: Current law, including the Professional Land Surveyors' Act, the Mello-Roos Community Facilities Act of 1982, the Subdivision Map Act, provisions relating to official maps of counties and cities, and provisions relating to maps of certain special assessment districts, prescribe requirements for the Identification, storage, access, and preser vation of maps. This bill would revise requirements for storage, access, and preservation of maps, in connection with the above-described laws, t o authorize alternative methods by which m aps m ay be Identified, kept safe and reproducible, and t o which they may be r eferred, and would generally eliminate the requirement that they be fastened and stored in books.

Organization
San Clement e
Position
Watch
Priority
1 ( Gonzalez D) Personal rights: right to housing.

Introduced: 2/18/2022
Location: 3/23/2022-S. HOUSING
Assigned
Marc Aprea

6-21 -22 / 10A-25
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled 1st House 2nd House Cone.

Summary: Would declare that the fundamental human right to housing exists in this state. The measure would specify that it is the shared obligation of state and local jurisdictions to respect, protect, and fulfill this right through progressively implemented measures, consistent with available resources, withi n an aggressive but reasonable timeframe.

Organization Position Priority Assigned
San Clemente Watch 1 Marc Aprea
2 (
AB 2028 (Davies R) Pupil instruction: bicycle and scooter safety instruction.

SB 932
SB 1049
Introduced: 2/14/2022
Last Amend: 6/9/2022
Locatie>_n:_6{~/2022-S. CONSENTCALEN DAR
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

Summary: Current law provides that the governing board of any school district having jurisdiction over any elementary, intermediate, or junior high school may provide time and facilities to any local law enforcement agency having jurisdiction over the schools of the district, for bicycle safety instruction.

This bill would instead authorize the governing board of any school district having jurisdiction over any elementary, intermediate, junior high, or high school to provide time and facilities to any local law enforcement agency having jurisdiction over the schools of the district, for bicycle, scooter, electric bicycle, motorized bicycle, or motorized scooter safety instruction. The bill would also auth orize the governing board to provide time and facilities to other specified organizations or public agencies that provide bicycle, scooter, electric bicycle, motorized bicycle, or motorized scooter safety instruction, for safety instruction.

Organization
San Clemente
Position
Watch
Priority
2 Assigned
Marc Aprea
(Portantino D) General plans: circulation element: bicycle and pedestrian plans and traffic calming plans.

Introduced: 2/7/2022
Last Amend: 5/4/2022
Location: 5/27/2022-A. L. GOV.

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

Summary: Current law states the Legislature's intention that a county or city general plan and the elements and parts of that general plan comprise an integrated, internally consistent and compatible statement of policies for the adopting agency. This bill would emphasize the intent of the Legislature to fight climate change with these provisions.

Organization
San Clemente
Position
Watch
Priority
2 (Dodd D) Transportation Resilience Program.

Introduced: 2/15/2022
Last Amend: 5/19/2022
Location: 6/2/20?_?~t:_ TRANS.

Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. I 1st House 2nd House Cone. Enrolled Vetoe~ - ~hap~~r~-
Summary: Would establish the Transportation Resilience Program in the Department of Transportation, to be funded in the annual Budget Act from 15% of the available federal National Hi ghway 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 fo r 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 wou ld establish specified eligibility criteria for projects to receive funding under the program and would requir e the commission to prioritize projects that meet certain criteria.

Organization Position Priority Assigned
San Clemente Watch 2 Marc Aprea

6-21-22 / 1 0A-26
-------------------- 3 ALT.AC~MEN..L1--
AB 1 611 (Davies R) Oil spills: potential casualties with submerged oil pipelines: vessels: reporting.

Introduced: 1/5/2022
Last Amend: 6/15/2022
Location: 6/14/2022-S. JUD.

Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enroll ed Vet oed 1st House 2n d House Cone. Chaptered
Summary: The Lempert-Keene-Seastran d Oil Spill Prevention and Response Act requires, without regard to intent or negligence, any party responsible for the discharge or threat ened discharge of oil in waters of the state to report the discharge immediately t o the Office of Emergency Services . The act makes it a crime to fail to notify the office in violation of that requirement. The act r equires the office, immediately upon receiving a report of discharge or threatened discharge, to notify specified state ag encies, and the appropriate local g overnmental agencies in the area surrounding the discharg ed oil, and t o take specified actions. This bill would require a pot ential casualty with a submerged oil pipeline, as described, t o be treated as a threatened discharge of oi l in waters of the state pursuant to the above- specified report ing provision.

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: 6/14/2022
Location: 6/1/2022-5. APPR.

Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chapt er ed
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 th e state park system. Current law requires those concession contracts to contain certain specified provisions, including a provision that the maximum term shall be 10, 20, or SO years depending on certain conditions. Current law sets the maximum term at 50 years if the concession contract is for the construction, development, and operation of multiple-unit lodging facilities, as specified. This bill would authorize the department to negotiate the term of the existing concession contract with the Crystal Cove Management Company to extend the term of that contract up to an additional 20 years, if the Director of Pa rks and Recreation determines t hat this term ext ension is necessary to allow Crystal Cove Management Company to qualify and complete requirements for federal historic rehabilitation tax credits, as provided.

Organization Position Priority Assigned
San Clement e Watch 3 Marc Aprea
AB 1657 (Nquyen R) Oil spills: reporting: waters of the state.

Introduced: 1/ 14/2022
Last Amend: 4/28/2022
Location: 5/ 25/2022-S. N.R. & W. - - --- --
Desk Policy Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.

Summary: The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act requires, without regard to intent or negligence, any party responsible for the discharge or threatened discharge of oil in waters of the state t o report the discharge immediately to the Office of Emergency Services. The act makes it a cri me to fail to notify the office in violation of that requirement. This bill would define "threatened discharge of oil in wat ers of the state" to mean a discharge by an offshore facility, as defined, including an offshore pipeline, located where an oil spill may impact state waters . The bill would require an offshore facility to be presumed t o be located where an oil spill may impact state wat ers if certain circumstances apply, Including that any portion of an offshore pipeline t hat services t he offshore facility transports oil to, from, or through state waters. By expanding the scope of a crime, the bill would impose a state-mandated local program.

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
AB 1658 (Nguyen R) Oil spill response and contingency planning: oil spill elements: area plans.

Introduced: 1/14/2022
Last Amend: 4/28/2022

6-21-22 I 1 0A-27
Location: 6/14/2022-S. E.Q.

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

Summa ry: The Lem pert-Keene-Seastrand Oil Spill Prevention and Response Act requires the administrator for oil spill response, taking into consideration the California oil spill contingency plan, to promulgate regulations regarding the adequacy of oil spill elements of area plans adopted pursuant t o specified existing law. The act authorizes the administrator to offer, to a unified program agency with jurisdiction over or directly adjacent t o waters of the state, a grant to com plete, update, or revise an oil spill element of the area plan. The act requires each oil spill element prepared under those provisions to be consistent with the local government's local coastal program, the California oil spill contingency plan, and the National Contingency Plan. This bill would additionally require that each oil spill element prepared under those provisions be consistent with the area contingency plan.

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
AB 1695 {Santiago D) Affordable housing loan and grant programs: adaptive reuse.

Introduced: 1/25/2022
Last Amend: 4/18/2022
Location: 6/1/2022-S. HOUSING
Desk Polic Fiscal Floor Desk Polic Fiscal Floo r Conf.
1st House 2nd House Cone. Enrolled Vetoed Chapter ed
Summary: Current law establishes various programs and funding sources administered by the Department of Housing and Community Development t o enable t he development of affordable housing, including, among others, the Building Homes and Jobs Act, the Multifamily Housing Program, and the Housing for a Healthy California Program. This bill would provide that any notice of funding availabi lity Issued by the department for an affordable multifami ly housing loan and grant program shall state that adaptive reuse of a property for affordable housing purposes is an eligible activity. The bill would define "adaptive reuse" for these purposes to mean the retrofitting and repurposing of an existing building to create new residential units.

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
AB 171 3 (Boerner Horvath D) Vehicles: required stops: bicycles.

I ntroduced: 1/26/2022
Last Amend: 3/21/2022
LocatiCl_n: 6/1/?_Q22-S. TRANS.

Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: Would req uire a person who is 18 years of age or older riding a bicycle upon a two-lane highway when approaching a stop sign at the entrance of an intersection w ith another roadway with two or fewer lanes, where stop signs are erected upon all approaches, to y ield the right-of-way to any vehicles that have either stopped at or entered the intersection, or that are approaching on the intersecting highway close enough to constitute an immediate hazard, and t o pedestrians, as specified, and continue to yield the right-of-way to those vehicles and pedestrians until reasonably safe to proceed. The bill would require other vehicles to yield the right-of-way to a bicycle that, having yielded as prescribed, has entered the intersection. The bill wou ld state that these provisions do not affect the liability of a driver of a motor vehicle as a result of the driver's negligent or wrongful act or omission in the operation of a motor vehicle. The bill would impose a warning citation for a first violation by a person who is under 18 years of age and fails to stop when approaching a stop sign at the entrance of an intersection.

Organization
San Clemente
Position
Watch
Priority
3 AB 1 783 {Levine D) Lobbying: administrative actions.

Introduced: 2/3/2022
Last Amend: 4/19/2022
Locatic>n: ~/1,?/2022-S. _APPR. _
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polle Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.

Summary: Current provisions of the Political Reform Act of 1974 impose requirements on lobbyists and lobbyist employers involved in administrative actions, and generally define "administrative action" to mean, among other things, the proposal, dralting, development, consideration, amendment, enactment, or defeat by any state agency of any rule, regulation, or other action in any ratemaking or quasi-l egislative proceeding. A violation of the act is a crime. Current law requires the I nsurance Commissioner and the Director of the Department of Managed Health Care to approve certain

6-21-22 I 10A-28
transactions involving Insurers and health care service plans, respectivAIY:]l"P.{l>il-QIMf:Jtq~x~and the definition of "administrative action" under the Political Reform Act of 1914 to incluoe any aecision or approval by the Insurance Commissioner or the Director of the Department of Managed Health Care under these provisions.

Organization
San Clemente
Position
Watch
Priority
3 AB 1938 {Friedman D) Traffic safety: speed limits.

Introduced: 2/10/2022
Last Amend: 6/13/2022
Location: 6/1/2022-S. TRANS.

Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed Cha tered 1st House 2nd House Cone. P
Summary: Would, if the speed limit needs to be rounded down to the nearest 5 miles per hour increment of the 85th-percentile speed, authorize Cal trans or a local authority to lower the speed limit by 5 miles per hour from the nea rest 5 miles per hour of the 85th percentile, as specified.

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
AB 1978 {Ward D) Department of Housing and Community Development: powers.

Introduced: 2/10/2022
Last Amend: 5/2/2022
Location: 6/1/2022-S. HOLJ_SING
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf.
1st House 2nd House Co ne. Enrolled Vetoed Chaptered
Summary: Current law establishes the Department of Housing and Community Development and requires it to, among other things, administer various programs intended to fund the acquisition of property to develop or preserve affordable housing. Current law grants the department various powers and duties, including, among other things, the power to provide advice, technica l information, and consultative and t echnical services. This bill would authorize the department, in administering certain of those programs, to (1) publish a notice of funding availability and application deadlines ahead of, and contingent upon, availabil ity of funding, (2) issue funding to an award r ecipient up-front rather than as a reimbursement, and (3) provide technical assistance to applicants that meet program submission deadlines to correct technical errors or provide missing information.

Organization Position Priority Assigned
San Clemente Watch 3 Marc Aprea
AB 2002 {Villapudua D) Mobilehome parks: enforcement: violations.

Introduced: 2/14/2022
Last Amend: 5/2/2022
Location: 6/13/202?_-s. APPR.

Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2n d House Cone. Chaptered
Summary: The Mobilehome Parks Act establishes requirements for the construction, maintenance, occupancy, use, and design of mobllehome parks. Current law provides for the enforcement of the act by the Department of Housing and Community Development and by every city, county, or city and county, collectively known as enforcement agencies. Current law requires an enforcement agency, alter conducting an inspection and determining that a violation exists, to issue a notice to correct the violation t o the registered owner or occupant, as specified. Current law requires the department to develop a list of local agencies that have home rehabilitation or repair programs for which registered owners or occupants of manufactured homes and mobilehomes may be eligible, and requires that list to be provided to a registered owner or occupant who receives a notice of violation. This bill would require the department, subject to appropriation by the Legislature for those purposes, to provide grants or other funding mechanisms to registered owners or occupants of mobilehomes or manufactured homes who are unable to afford the repair of their homes as required by the enforcement agency.

Organization Position
San Clemente Watch
AB 2053 {Lee D) The Social Housing Act.

Introduced: 2/14/2022
Last Amend: 6/14/2022
Location: 6/2/2022-S. HOUSING
Priority
3 Assigned
Marc Aprea

6-21-22 / 10A-29
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled 1st House 2nd House Cone.

Summary: Would enact the Social Housing Act and would create the California Housing Authority, as an independent state body, the mission of which would be to produce and acquire social housing developments for the purpose of eliminating the gap between housing production and regional housing needs assessment targets, as specified. The bill would prescribe a definition of social housing that would describe, in addition to housing owned by the authority, housing owned by other entities, as specified, provided t hat all social housing developed by the authority would be owned by the authority. The bi ll would prescribe the com position of the California Housing Authority Board, which would govern the authorit y, and wou ld be composed of appointed members and members who are elected by residents of social housing developments, as specified . The bill would prescribe the powers and duties of the authority and the board. The bill would provide that the authority seeks to achieve revenue neutrality, as defined, and would require the authorit y to seek to recover the cost of development and operations over the life of it s properties through the mechanism of rent crosssubsidization, as defined. The bill would require the authority to prioritize the development of specified property, including vacant parcels and parcels near transit, and would prescribe a process for the annual determination of required social housing units. Under the bill, social housing would accommodate a mix of household income ranges and would provide specified protections for residents, who would participate in the operation and management of the units in which they reside.

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

Introduced: 2/15/2022
Last Amend: 3/28/2022
Location: 6/14/2022-S. APPR.

Assigned
Marc Aprea
Desk Poli Fiscal Floor Desk Polic Fiscal Floor Conf. E II d V t d 1st House 2nd House ••••• Cone. nro e e oe Chaptered
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, t he department issues grants and loans t o local public agencies and nonprofit corporations for specified purposes, including the construction of home ownership units. This bill would require the department to consider setting higher per-unit and total project allocations based on loca l development costs when appropriate.

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
AB 2237 (Friedman D) Transportation planning: regional transportation improvement plan: sustainable communities strategies: alternative planning strategy: state transportation funding.

Introduced: 2/16/2022
Last Amend: 6/13/2022
Locatio11:_.§/lll/2022-S. RL?·
Desk Polic Fiscal Floor Desk Polle Fiscal Floor Conf. En rolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: Current law requires each regional transportation planning agency or county transportation commission to biennially adopt and submit to the California Transportation Commission and the Department of Transportation a 5-year regional transportation improvement program that includes, among other things, regional transportation improvement proj ects and programs proposed to be funded, In whole or in part, in the state transportation improvement program. This bill would require that those projects and programs included in each regional transportation improvement program also be consistent with the most recently prepared sustainable communities strategy of the regional transportation planning agency or county transportation commission, or, if applicable, the alternative planning strategy, and state and federal air quality standards . The bill would prohibit funds collected from any local transportation tax measure passed on or after January 1, 2023, from being spent until the transportation projects or programs to be funded by the tax measure are included in the most recently adopted sustainable communities strategy of the applicable regional transportation planning agency or county transportation commission or, if applicable, the alternative planning strategy.

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

Introduced: 2/16/2022
Last Amend: 5/19/2022
Location: 6/8/2022-5. HOUSING

6-21-22 I 1 0A-30
Desk Polic Fiscal Floor Desk Polic F iscal Floor Conf. Enrolled 1st House 2nd House Cone.

Summary: Current law requires HCD to administer various programs intended to promote the development of housing, including the Multifamily Housing Program, pursuant to which HCD provides financial assistance in the form of deferred payment loans to pay for the eligible costs of development for specified activities. Current law also establishes the California Housing Finance Agency (CalHFA) within HCD with the primary purpose of meeting the housing needs of persons and families of low or moderate income. Current law also establishes the California Tax Credit Allocation Committee (CTCAC), composed of specified members, and requires that CTCAC, among other things, allocate specified federal low-income housing tax credits, as provided. This bill would establish the Coordinated Affordable Housing Finance Committee and would r equire that the committee be comprised of representatives from HCD, CalHFA, CTCAC, 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.

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
AB 2625 {Ting D) Subdivision Map Act: exemption: electrical energy storage system.

Introduced: 2/18/2022
Last Amend: 5/5/2022
Location: 6/15/2022-S. CONSENT CALENDAR ----- -
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf
1st House 2nd House Cone·. Enrolled Vetoed Chaptered
Summary: The Subdivision Map Act excludes various projects from its provisions, Including the leasing of, or the granting of an easement t o, a parcel of land, or any portion of the land, In conj unction with the fi nancing, erection, and sale or lease of a solar electrical generation device on the land, if the project is subject to review under other local agency ordinances regulating design and improvement or if the project is subject to discretionary action by the advisory agency or legislative body . This bill would also exempt from the requirements of the Subdivision Map Act the leasing of, or the granting of an easement to, a parcel of land, or any portion of t he land, In conjunction with the financing, erection, and sale or lease of an electrical energy storage system on the land, if the project is subject t o discretionary action by the advisory agency or legislative body .

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
AB 2662 ( Kalra D) Department of Fair Employment and Housing.

Introduced: 2/18/2022
Last Amend: 3/10/2022
Location: 6/9/ 2022-A. ENROLLMENT
Desk Policy Fiscal Floor Desk Poli Fiscal Floor Conf
Cone•. Enrolled Vetoed Chapter ed 1st House 2nd House
Summary: The California Fair Employment and Housing Act (FEHA) makes certain discriminatory employment and housing practices unlawful, and authorizes a person claiming t o be aggrieved by an alleged unlawful practice t o fi le a verified complaint with the DFEH. The FEHA requires the DFEH to make an investigation In connection with a filed complaint alleging facts sufficient to constitute a violation of the FEHA, and requires the DFEH to endeavor to eliminate the unlawful practice by conference, conciliation, and persuasion. With regard to unlawful employment practices, if conference, conciliation, mediation, or persuasion fails and the DFEH has required all parties to participate in a mandatory dispute resolution, as specified, the FEHA authorizes the director, in their discretion, to bring a civil action in the name of the DFEH on behalf of the person claiming t o be aggrieved. With regard to housing discrimi nation, if conference, conciliation, mediation, or persuasion fails and the DFEH has required all parties to participate in a mandatory dispute resolution, as specified, the FEHA requires the director to bring a civil action in the name of the DFEH on behalf of the person claiming to be aggrieved. This bill would provide that, by performing the functions and duties and exercising the powers set forth in the FEHA, the DFEH represents the interests of the state and effectuates the declared public policy of the state to protect and safeguard the rights and opportunities of all persons from unlawful discrimination and other violations of the FEHA and that this statement is declarative of existing law as stated in specified case law. The bill would specify that the DFEH is acting in the public interest in bringing these civil actions.

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

Introduced: 2/18/2022
Assigned
Marc Aprea

6-21-22 / 10A-31
SB 867
SB 926
SB 948
Last Amend: 5/19/2022
Location: 6/8/2022-5. JUD. ATTACHMENT 1
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf.
1st House 2nd House Cone. Enrolled Vetoed Chaptered
Summary: Existing law, 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 disclosure of personal information, as defined. Existing 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 include, among ot her things, genetic information, IP address, online browsing history, and location Information with in the definition of "personal information" fo r the act's purposes. The bill would make other technical, nonsubstantive, and conforming changes. This bill contains other related provisions and other existing laws.

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
(Laird D) Sea level rise: planning and adaptation.

Introduced: 1/24/2022
Last Amend: 6/13/2022
Location: 6/6/2022-A. APPR.

Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf.
1st House 2nd House Cone. Enrolled Vetoed Chaptered
Summary: Current law creates within the Ocean Protection Council the California Sea Level Rise State and Regional Support Collaborative to provide state and regional information to the public and support to local, regional, and other state agencies for the identification, assessment, planning, and, where feasible, the mitigation of the adverse environmental, social, and economic effects of sea level rise within the coastal zone, as provided. This bi ll would require a local government, as defined, lying, in whole or in part, within the coastal zone, as defined, or within the jurisdiction of the San Fr ancisco Bay Conservation and Development Commission, as defined, to implement sea level rise planning and adaptation through either submitting a local coastal program, as defined, to the California Coastal Commission or submitt ing a subregional San Francisco Bay shoreline resil iency plan to the San Francisco Bay Conservation and Development Commission, as applicable, by January 1, 2026. The bill would require those local governments t o provide a comprehensive update to that planning and adaptation every 10 years, and technical adjustments every 5 years, as prescribed.

Organization Position Priority Assigned
San Clemente Watch 3 Marc Aprea
(Dodd D) Prescribed Fire Liability Pilot Program: Prescribed Fire Claims Fund.

Introduced: 2/7/2022
Last Amend: 5/19/2022
Location: 6/2/2022-A. NAT. RE~:

Desk Policy Fiscal Floor Desk Polic FJscal_ Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House . C:_onc.

Summary: The Budget Act of 2021 appropriated to the Department of Forestry and Fire Protection $20,000,000 to establish a Prescribed Fire Liability Pi lot Program, In consultation with the Department of Insurance and the Natural Resources Agency, that creates a prescribed fire claims fund to support coverage for losses from permitted prescribed fires by nonpubl ic entities, such as Native American tribes, private landowners, and other nongovernmental entities. This bill would delete the provision requiring the task force to develop recommendations for the implementation of an insurance pool or other mechanisms for prescribed burn managers. The bill would require the Department of Forestry and Fire Protection, on or before January 1, 2023, to establish, consistent with the Budget Act of 2021, the Prescribed Fire Liability Pilot Program to support coverage for losses from permitted prescribed fires by individuals and nonpublic entities, such as Native American tribes, including cultural fire practitioners, as defined, privat e landowners, and other nongovernmental entities through the Prescribed Fire Claims Fund, which the bill would establish. The bill would require that the $20,000,000 appropriated to the department by the Legislature in the Budget Act of 2021, and any other fu nds appropriated by the Legislature for the above purpose, be deposited into the fund, and would prescribe requirements for use of these moneys, among other things.

Organization Position Priority Assigned
San Clemente Watch 3 Marc Aprea
(Becker D) Housing finance programs: development reserves.

Introduced: 2/9/2022
Last Amend: 5/19/2022
Location: 5/27/2022-A. H. & C.D.
(

6-21-22 I 10A-32
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled 1st House 2nd House Cone.

Summary: Current law establishes various programs and funding sources administered by the Department of Housing and Community Development to enable the development of affordable housing, including t he Building Homes and Jobs Act, the Multifamily Housing Program, the Housing for a Healthy California Program, and the Veterans Housing and Homeless Prevention Act of 2014. Under current law governing the State Community Development Block Grant Program, the department 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 establ ishes the HOME I nvestment Partnership Program to, among other things, expand the supply of affordable housing. Existing 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 project-specific 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 t o mitigate the impacts on t enant 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) California Conservation Corps: California Ocean Corps Program.

Introduced: 2/15/2022
Last Amend: 6/6/2022
Location: 6/13/2022-A. APPR.

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

Summary: Would require the director of the California Conservation Corps to establish and administer the California Ocean Corps Program to provide competitive grants to certified local conservation corps located in coastal communities in order to provide opportunities for young people to complete workforce preparation, training, and education programs, and, ultimately, to obtain employment, or continue education, in ocean and coastal conservation or related fields, as provided. The bill would require the director t o develop and adopt program guidelines before awarding any grants, as provided. The bill would require the director to develop performance measures and accountability controls to track progress and outcomes of all grants. The bill would require the director, on or before January 1, 2026, to report these outcomes to the appropriate fiscal and policy committees of the Legislature. The bill would make these provisions contingent upon an appropriation by the Legislature in the annual Budget Act or another statute.

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
SB 1077 ( Bates R) Coastal resources: Climate Ready Program: grants: nonnative and invasive plants:
removal and restoration.

Introduced: 2/15/2022
Last Amend: 5/19/2022
Location: 6/9/2022-A. NAT. fl.ES.

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

Summary: Would specifically authorize the State Coastal Conservancy to award grants t o public agencies and nonprofit organizations that increase resi lience of habitat and natural lands. The bill would require the conservancy, in awarding grants, as part of the prioritization of projects described above, to include those projects that accomplish the removal of nonnative and invasive plants from coastal features, habitats, and ecosystems, and their replacement with native plant species, upon appropriation. The bill would authorize the conservancy t o consult, as needed, with the Department of Fish and Wildlife, the I nvasive Species Council of California, and other entities in determining the invasive status of any species.

Organization Position
San Clemente Watch
Priority
3 Assigned
Marc Aprea
SB 1 130 (McGuire D) Military base reuse authority: board of directors: ex officio members.

Introduced: 2/16/2022
Last Amend: 3/16/2022
Location: ?113/2022-A. INACTIVE FILE
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf.
1st House 2nd House C_cJ_nc. Enrolled Vetoed Chaptered
Summary: The Military Base Reuse Authority Act requires the authority to be governed by a board of

6-21-22 / 10A-33
directors and authorizes the board to appoint or remove ex officio nonA6f1~lVH~lll.f.11:51pleasure, This bill would specify that the board is authorized t o appoint or remove ex' ofricio 'nonvo~ing members at its pleasure, including, but not limited to, representatives from state agencies or campuses of the University of California or the California State University In the territory of the base.

Organization
San Clemente
Position
Watch
Priority
3 SB 1169 (Hueso D) State Route 125 toll road project.

Introduced: 2/17/2022
Last Amend: 4/18/2022
Location: 5/27 /2022-A. TRANS.

Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf.
1st House znd House Cone. Enrolled Vetoed Chaptered
Summary: Current law authorizes the Department of Transportation, until January 1, 2017, to enter into comprehensive development lease agreements with public and private entities, or consortia of those entities, for certain transportation projects that may charge certain users of those projects t olls and user fees, subject to various terms and requirements. Under prior statutory authority, the department entered into an agreement with the San Diego Association of Governments (SAN DAG) for a toll road project on State Route 125 in San Diego County that includes a lease of the State Route 125 facility. This bill, with respect t o the agreement entered into by the department and SAN DAG, would authorize SAN DAG t o terminate the agreement for the project and its lease of the State Route 125 facility on January 1, 2027, or upon the repayment of all of the bond debt incurred for the toll road project, whichever is later.

Organization Position
San Clemente Watch
Priority
3 Assigned
Marc Aprea
SB 1227 (Eggman D) Involuntary commitment: intensive treatment.

Introduced: 2/17/2022
Last Amend: 3/15/2022
Location: 6/2/2022-A. HEA~Tl:i
Desk Poli Fiscal Floor Desk Polic Fiscal Floor Conf.
1st House 2nd House _c::gnc. Enrolled Vet oed Chaptered Summary: The Lanterman-Petris-Short Act provides for the involuntary commitment and treatment of persons with specified mental disorders for the protection of the persons committed. Under the act, when a person, as a result of a mental health disorder, Is a danger to others, or to themselves, or gravely disabled, the person may, upon probable cause, be taken into custody and placed in a facility designated by the county and approved by the State Department of Health Care Services for up to 72 hours for evaluation and treatment. Under existing law, if a person is det ained for 72 hours under those provisions, and has received an evaluation, the person may be certified for not more than 14 days of intensive treatment, as specified. Current law further authorizes a person to be certifi ed for an additional period of not more than 30 days of intensive treatment if the person remains gravely disabled and is unwill ing or unable to accept treatment voluntarily. Current law requires the person to be released at t he end of the 30 days, except under specified circumstances, including, but not limited to, when the patient is subject to a conservatorship petition filed pursuant to specified provisions . This bill would authorize an additional 30- day period of treatment if the patient is still in need of intensive treatment and t he certification for the additional 30-day treatment period has begun.

Organization
San Clemente
Position Priority
3 Assigned
Marc Aprea
SB 1338 (Umberg D) Community Assistance, Recovery, and Empowerment (CARE) Court Program.

Introduced: 2/18/2022
Last Amend: 5/19/2022
Location: 6/2/2022-~. JU_D.:.

Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf.

H 2 d H Cone' Enrolled Vetoed Chaptered 1st ouse n ouse Summary: Wou ld enact the Community Assist ance, Recovery, and Empowerment (CARE) Act, which would authorize specified persons to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by co unty behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services to adults who are suffering from schizophrenia spectrum and psychotic disorders and who meet other specified criteria. The bill would specify the process by which the petition is filed and reviewed, including requiring the petition to be signed under penalty of perjury, and to contain specified information, including the acts that support the petitioner's assertion that the respondent meets the CARE criteria. The bill would also specify the schedule of review hearings required if the respondent is ordered to comply with an up to one-year CARE plan by the court. The bill would make

6-21-22 I 1 0A-34
the hearings in a CARE proceeding confidential and not open to the pul;dil°f1}l;()tl,f l'HtttttMJ~blic access to a meeting of a public body. The bill would authorize the CARt' plan to oe 'extencled once, for up to one year, and prescribes the requirement for the graduation plan that is required upon leaving the CARE program.

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: 6/8/2022-A. APPR.

Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled V t d 1st House 2nd House Cone. e oe 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 1449 (Caballero D) Office of Planning and Research: grant program: annexation of unincorporated areas.

Introduced: 2/18/2022
Last Amend: 4/19/2022
Location: 6/2/2022-A. L. GOV.

Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf.
1st House 2nd House Cone. Enrolled Vetoed Chaptered
Summary: Would require the Office of Planning and Research to, upon appropriation by the Legislature, establish the Unincorporated Area Annexation Incentive Program, authorizing the office to issue a grant to a city for the purpose of funding infrastructure projects related t o the proposed or completed annexation of a substantially surrounded unincorporated area, as defined, subject to approval by the Director of State Planning after the city submits an application containing specified information. The bill would require the office to match, on a dollar-for-dollar basis, any dollar contribution a city makes toward a project funded by the program, subject to a maximum funding threshold as determined by t he director. The bill would, by September 1, 2023, require the office to develop guidelines, and consult with various local representatives to prepare those guidelines, for purposes of implementing the program, and would provide that the guidelines are not subject to the rulemaklng requirements of the Administrative Procedure Act.

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
SB 1497 {Committee on Natural Resources and Water) California Coastal Act of 1976.

Introduced: 3/21/2022
Location: 6/6/2022-A. CONSENT CALENDAR
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

Summary: The California Coastal Act of 1976 establishes the California Coastal Commission and prescribes the powers and responsi bil ities of the commission with regard to the regulation of development along the California coast. The act requires any person wishing to perform or undertake any development In the coastal zone, as defined, to obtain a coastal development permit, except as provided. This bill would make various nonsubstantive changes to the above act to, among other things, change pronouns, correct the names of various state entities, and delete obsolete language.

Organization
San Clemente
Total Measures: 88
Total Tracking Forms: 88
Position
Watch
Priority
3 Assigned
Marc Aprea

6-21-22 I 1 0A-35
Regional Transportation Update
March, April, and May, 2022
ATTACHMENT 2
Regional transportation issues impacting San Clemente have been focused, in this time period, on the California Department of Transportation (Caltrans), Orange County Transportation Authority (OCTA), the Transportation Corridor Agencies (TCAs), the County of Orange, and, to a lesser degree, on the transportation-related activities of the Los Angeles-San Diego-San Luis Obispo Rail Corridor Agency (LOSSAN) and the Southern California Association of Governments (SCAG).

This has been a period of major regional transportation projects moving forward and significant transportation dollars being budgeted. Both the OCTA and the TCA have conducted 2022-23 public budget workshops. Both agencies are tentatively scheduled to adopt their budgets in June, the TCAs on June 9 and the OCTA June 13.

Brief comparison of the OCTA and TCA as transportation agencies.

The OCTA, directed by an 18-member Board of Directors, is Orange County's multi-modal transportation agency, responsible for countywide regional transportation planning, including programming of state transportation funds, operating bus service countywide, funding street, road, transit and freeway projects, administering the countywide Master Plan of Arterial Highways, participating in joint powers agreements operating the Southern California Regional Rail Authority (Metrolink), the LOSSAN corridor agency, and operating toll lanes on SR 91. The OCTA is currently building $1.7 billion of new toll lanes and other freeway improvements on Interstate 405 between SR 73 in Costa Mesa and the Los Angeles County line at Seal Beach as well as a $500 million street ca r line in the cities of Santa Ana and Garden Grove. The OCTA also operates specialized transit service for seniors, cities and persons with disabilities.

The TCA, in partnership with Caltrans, builds, operates and maintains toll roads on SR 73, SR 241, and SR 261, roughly south and east of SR 55 and SR 91. The TCA toll roads are governed by two joint powers agencies, the Foothill-Eastern Transportation Agency (FE TCA), with a 15-member governing board, and the San Joaquin Hills Transportation Corridor Agencies (SJH TCA), with a 14-member member board. The two TCA boards share a single staff. The FE TCA is currently designing a $375 million enhancement to the SR 91/SR 241 interchange in Anaheim Hills and Riverside County. The interchange improvements, being designed by Ca It rans, are in the final design phase and will be the first major TCA project in 20 years.

Based on preliminary budgets, this is a brief comparison of the draft OCTA and the TCAs spending plans:

AGENCY
OCTA
TCA
2022-2023 Budget
$1,650 million
278 million**
Requested Staffing
1,361 * positions

64.5 positions
This small comparison illustrates the differences in size and scope of the OCTA and the TCAs. 1 6-21-22 I 1 0A-36
(
(
ATTACHMENT 2
* Includes 520 administrative positions, 784 union coach operators and maintenance employees, 39 parts clerks and facility technicians, and 18 LOSSAN Corridor-funded positions assigned to OCTA. ** San Joaquin Hills TCA is budgeted at $134 million for 2022-23, the Foothill - Eastern at $144.6 million.

FE TCA is planning a $125 million debt pay down in 2022-2023. The TCA budget documents are still evolving; TCA May 25 budget documents say the SJH TCA has $366,302 million in available cash (page 9 of May 25 SJH update); the FE TCA has $467,546 million (page 10 of May 25 update). These available cash balances do not include TCA Board-created reserves not required by debt service obligations.

Besides operating the three toll roads, t he TCAs are responsible for paying off debt incurred to build the three roads. The 2021-22 Orange County Grand Jury said that by 2053, when existing TCA debt is scheduled to be paid off, the TCA will have collected $28 billion in toll revenue to pay off the $2.8 billion spent to construct the three toll roads.

While the OCTA and TCA spending plans for 2022-2023 have taken center stage in recent times, in the last three-month period, the regional transportation agencies have taken other important actions:
• San Clemente City Turnback
By formula, San Clemente will receive about $1.2 million in 2022-2023 Measure M turn back funds administered by the OCTA.
• Serra siding
Metrolink and the OCTA have a Notice of Preparation (NOP) on file to widen a portion of the 9.3 mile single railroad track between the Orange County boundary line and San Clemente. This portion of the widening is basically in Dana Point, but sets the stage for double tracking into San Clemente. Comments on the NOP were collected in 2021. Over time, this is part of an anticipated $50 million widening project. • Interstate 5 widening in San Clemente
A 4.8 mile widening of Interstate 5 from the San Diego County Line to Avenida Pico in San Clemente was previewed at the OCTA's March 28 Board meeting and presented to the San Clemente City Council on April 19, 2022. OCTA is the implementing agency on the 1-5 widening in the deepest part of South County, Caltrans is the lead agency and San Clemente public works staff has been an active participant in developing the project.

The proposed project wou ld add one high-occupancy vehicle lane (carpool lanes) in each direction, plus auxiliary lanes to aid motorists in entering and exiting the freeway south of Avenida Pico.

The first open public session where the draft scope of the 1-5 widening project w ill be discussed with the public is tentatively scheduled to be held in the City of San Clemente under the OCT A's auspices in August of 2022.

Completed environmental documents for t he 1-5 project should be finished in the Spring of 2023 with final action on the transportation plans expected in the late Fall of 2023. Although the 1-5 project design is not complete, preliminary work indicates some right-of-way acquisition may be needed, some 2 6-21-22 / 10A-37
ATTACHMENT 2
preliminary concerns about a pedestrian bridge at Concordia Avenue need to be addressed, and some Coastal Zone questions must be resolved before the environmental process is completed.

A 10-page OCTA PowerPoint on the new carpool and auxiliary lanes are at:
file :///C:/Users/Owner / Ap pData/Local/M icrosoft/Wi n dows/I NetCache/Content. Out loo k/DG CS7Z3Y /Po werPoint%20(16).pdf.

When the 1-5 widening project was presented to the OCTA Board of Directors, County Supervisor Katrina Foley, an OCTA Board member, asked staff if San Clemente was on board with this widening project.

Supervisor Lisa Bartlett, also an OCTA Board member, responded by talking about the constructive cooperative agreement between the county, the OCTA and San Clemente to work cooperatively on South County transportation improvements, including the 1-5 HOV lanes.

Supervisor Bartlett briefly touched on the Transportation Corridor Agencies' March 12, 2020 actions to drop plans for the 241 toll road extension through San Clemente to Interstate 5. Instead of building a toll road extension, the TCA announced support for three key South County traffic relief improvements:

1. Widening the 1-5 between the county line and Ave Pico in San Clemente;

2. Widening Ortega Highway in San Juan Capistrano; and

3. Building a Los Patron es Parkway Extension in county territory and San Clemente. {TCA news releases at the time - still included on the TCA website -- said the TCA would collaborate with the County of Orange on the Los Patrones Parkway Extension and, in conjunction with regional transportation partners, provide the TCA Board with regular project development updates. Currently, those plans and reports to the TCA board have been set aside).

Supervisor Bartlett said the three major transportation projects, all listed in the TCA South County Traffic Relief Study (SCTRE), are moving forward because of the combined regional efforts of the County, the OCTA, Caltrans, the City of San Clemente, and Rancho Mission Viejo. Supervisor Bartlett publicly applauded their cooperative and collaborative efforts to improve South County mobility. (The TCAs are not participating in the three regional transportation projects approved by the Board of Directors at this time, although the TCA's 2023 Strategic Plan, approved in March after months of discussion, includes a component for unspecified Regional Mobility Partnerships as one of its seven priority focus areas. The three Board-approved SCTRE projects have been set aside at this time while criteria are prepared to determine how the TCAs will partner with member agencies on regional mobility projects in the future).
• Los Patrones Parkway Extension
The OCTA Board of Directors has approved a $2.S million County of Orange request to help finance the first phase of the Los Patrones Parkway Extension (LPPE) from Cow Camp Road in county territory to Avenida La Pata in the City of San Clemente. About 700 feet of the proposed parkway, including the intersection of Los Patrones and La Pata, will be within the San Clemente city limits.

The LPPE is listed on the OCTA-administered Master Plan of Arterial Highways as a four-lane divided roadway, an untolled primary arterial. A final rough cost for the planned 4.8-mile-long road project may be as high as $240 million, depending on the findings of the first phase project study report, environmental considerations, and the preliminary highway design. The county's successful LPPE grant 3 6-21-22 I 10A-38
(
ATTACHMENT 2
application estimated the first phase of the Los Patrones Parkway Extension will cost $2.5 million, with about $1.875 million coming from OCTA competitive road funds and the remaining $675,000 coming from the County of Orange and from Rancho Mission Viejo.

Candidate engineering firms who responded to a County-issued request for qualifications for the LPPE work are being evaluated. Completion of qualification reviews and final interviews are anticipated this summer with a tentative award of contracts by the Board of Supervisors expected in August. • Settlement Agreement Revision between the TCAs and Environmental Groups On April 14, the TCA Board of Directors approved a revision to their Settlement Agreement with 12 environmental groups, the California Attorney General, and others by an 8-4-2 vote. The split vote came after Supervisor Lisa Bartlett requested a month-long delay so the full Settlement Agreement could be updated and clarified.

A member of both TCA boards and the OCTA board, Supervisor Bartlett's request for a complete update of the Settlement Agreement was supported by a letter from OCTA Executive Director of Planning Kia Mortazavi. However, some TCA board members said they had never seen the OCTA letter, which was emailed by TCA staff to their board just before the 9:30 a.m. meeting started.

The 8-4-2 vote denying the delay and supporting the partially-revised agreement saw four OCTA board members (who also serve on the TCA) voting against the TCA staff recommendation to move forward with specified Settlement Agreement revisions immediately. Supervisor Chaffee of Fullerton, a member of the FE TCA Board of Directors and the OCTA Board, abstained from voting.

Supervisor Bartlett said the Settlement Agreement revisions had not been vetted by TCA committees or edited to reflect current realities. She said the original Settlement Agreement with the environmental groups (and the recommended revision) included language suggesting t olling would be allowed on the Los Patrones Parkway Extension, a county road, despite actions opposing the concept by the TCA Board, the County Board of Supervisors and the San Clemente City Council. (As the OCT A's Mortazavi pointed out, the revised agreement also includes language saying the TCA would not commence construction of the Oso Parkway Bridge, a project that the TCA had not only commenced but, in cooperation with the county, had built and was fully operational in April of 2022). Supervisor Don Wagner supported Director Bartlett's suggestion that the full Settlement Agreement should be updated, but Directors Tony Beall of Santa Margarita, Trish Kelley of Mission Viejo and Peggy Huang of Yorba Linda argued for a timely, immediate approval including only the changes in legal language outlined by TCA legal counsel. (The TCA board meeting was being held remotely over a Zoom-type system; Chairman Huang and Director Wagner talked over each other frequently, making some of their comments unintelligible).

Supervisors Wagner and Chaffee, both attorneys, both said they were confused by TCA General Counsel Ben Rubin's statements that the Settlement Agreement revisions - focused on rules for allocating about $25 million in TCA funds for environmental mitigation for a toll road that t he TCA decided would not be built -- was not a time-sensitive matter for the TCA, but was t ime-sensitive for environmental groups involved in pending litigation with The Reserve homeowners' group in San Clemente and the City of San Clemente. Director Huang, Chair of the FE TCA Board and an attorney, said that if any board member wanted additional information on the litigation strategy and the need for quick action, they could e-mail her and she would explain everything.
4 6-21-22 / 10A-39
ATTACHMENT 2
Voting against the TCA staff recommendation were Bartlett, Wagner, Mayor Mark Murphy of Orange and Mayor Joe Muller of Dana Point - all OCTA board members. Supervisor Chaffee of Fullerton, an OCTA board member, and Lake Forest City Councilman Scott Voigts, said they abstained from voting because they had not seen the OCTA letter.
(I believe the split vote, and the public arguments for fast action, were made to strengthen the environmental groups legal case at the expense of San Clemente and The Reserve. The actions smacked of retaliation by some TCA Board members -- and TCA staff-- for perceived snubs of the TCA by the County, the OCTA and San Clemente during development of t he South County transportation issues cooperative agreement. The cooperative agreement on South County transportation issues was approved and signed by the governing boards of the OCTA, San Clemente and the County. The TCA initially participated in the cooperative agreement development, but dropped out of discussions of the document).

The Settlement Agreement between the TCA and the environmental groups, although deeply-flawed from a transportation perspective, appears to have assisted in ending San Clemente's legal battles over the potential construction of an extension of the SR 241 toll road through San Clemente to Interstate 5. 5 6-21-22 I 1 0A-40
Department:

Prepared By:

Subject:

Fiscal Impact:

Summary:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 21 , 2022
City Clerk _/2b
Joanne Baade, City Cler't?"-
Scott Smith, City Attorney
Agenda Item \ Q G,
Approvals:

City Manager ~
Dept. Head
Attorne~
Finance ~

URGENCY ORDINANCE ENACTING LOCAL CAMPAIGN CONTRIBUTION LIMITS AND POLICY

REGARDING CONTRACTOR DISCLOSURE OF POLITICAL CONTRIBUTIONS Yes. If Council adopts campaign contribution limits for elective City office candidates that vary from the State's default limit (that is currently set at $4,900 per source per election), then the City, as opposed to the Fair Political Practices Commission, would be required to enforce its contribution limits. Adding the Contractor Disclosure Form to City contracts, RFPs, and bid processes would require minimal additional staff time.

Local Contribution Limit Ordinance
AB 571 (Local Campaign Contribution Limits) was approved by the Governor on October 8, 2019 and became operative on January 1, 2021. AB 571 gave cities the discretion to either set contribution limits of their own choosing (including unlimited contribution limits) or default to the State's contribution limit. At the Council meeting of September 1, 2020, Council determined to not set a local campaign contribution limit, thereby defaulting to the State limit. The current default limit is $4,900 per election per source, but increases every two years to account for inflation.

At its meeting of May 25, 2022, Council directed that the possibility of amending San Clemente's contribution limit be agendized for its meeting of June 7, 2022 to enable Council to consider establishing a contribution limit of $500 per source per election.

At its meeting of June 7, 2022, Council directed Staff to include a provision allowing the contribution limit to be adjusted according to the Consumer Price Index (CPI).

Additionally, Council requested that contribution limits of both $500 and $1,000 be included in brackets in both the draft urgency ordinance and conventional ordinance to enable Council to easily choose between the two amounts.

In accordance with Council's directions, a draft urgency ordinance is attached to this report which, if adopted, would amend the City's contribution limits, allow for CPI increases in the limit and provide definitions and other technical terms to implement these limits. Adoption of this urgency ordinance would enable the campaign regulations to be in place before the November 8, 2022 General Municipal Election season begins in earnest. A back-up conventional ordinance is also recommended to stand in the event the urgency ordinance is challenged or set aside for any reason.

City Clerk Agenda Report
6-21-22 I 10C-1
Agenda Report Page 2
Below are factors that Council may wish to include in its consideration of whether or not to modify the City of San Clemente's contribution limit threshold:

1. The City would assume responsibility for enforcing contribution limits that vary from the State's default contribution limits. The California Fair Political Practices Commission (FPPC) enforces contribution limits that align with the State's contribution limit. Because the City Council previously voted to default to the State's contribution limit, enforcement is currently the responsibility of the FPPC. If the City were to now adopt contribution limits that are either higher or lower than the State default limit, then the City would be responsible for enforcing its self-imposed limits. As outlined in the attached draft ordinances, enforcement would involve the retainer of a third-party attorney/investigator and could result in litigation when merited.

2. Campaign contribution limits would not apply to Independent Expenditures, Ballot Measure Committees or Committees Seeking an Officer's Recall. A local campaign contribution limit can only apply to direct contributions made to the candidate or to the candidate's controlled committee. The United States Supreme Court, in its 2010 decision in Citizens United v. Federal Election Commission, held that the risk of actual or perceived "pay to play" corruption is a compelling enough governmental concern to reduce First Amendment freedoms and allow limits on direct contributions to a candidate or their controlled committee. The court further determined, however, that the risk of "pay to play" corruption is not the same for independent expenditure committees (IEC) and, hence, limiting their ability to collect and spend money for campaign purposes would violate their First Amendment rights to free speech. In sum, as long as an IEC (i) doesn't give any money directly to a candidate or the candidate's controlled committee, (ii) isn't coordinating with, or acting at the behest of, a candidate or the candidate's controlled committee, and (iii) files the required disclosure paperwork, the amounts that it collects and spends for campaign purposes cannot be limited. Likewise, such limitations may not apply to ballot measure committees or committees seeking an officer's recall because the Court found that there is not enough risk of "pay to play" corruption to justify restricting the First Amendment freedoms of these committees. The attached draft ordinances recognize these Constitutional exceptions.

The City Attorney was able to follow up on the Council's question from the last meeting about any legal constraints on the City's ability to apply different contribution limits to corporate or controlled committees, as opposed to individual contributors. The City Attorney recognized that although some agencies may so differentiate, Citizens United requires the City to make some factual determination about some particular, distinct need to regulate corporate or committee contributions more harshly. That case -which is really a series of plurality opinions - held that laws that burden political speech are subject to strict scrutiny under the First Amendment, which level of scrutiny requires the City to show that contribution limits further a compelling interest and are narrowly tailored to achieve that interest.

Any differentiation among individual, corporate, and/or committee contributions would require similar justification. The Citizens United decision and many subsequent decisions upholding campaign contribution limits have recognized 6-21-22 I 1 0C-2
Agenda Rep01i Page 3
elimination of political corruption (also known as "pay-to-play") as a compelling interest. However, the Citizens United Court criticized bans on corporate contributions because they discriminated based on the type of "speaker." This reasoning also suggests that federal law would disfavor a differentiation in contribution limits based on the "speaker's" identity (individual, corporate, or committee) without some particular basis for those distinctions. Specifically, the "narrowly tailored" prong would require that the City enactment be based on some factual determination that corporate or committee contributions - as opposed to individual contributions of the same amount - are more likely to create "pay-toplay" corruption. The record for this enactment does not contain this level of substantiation for distinct limits.

Contractor Disclosure of Political Contributions
At its May 25, 2022 meeting, the Council also asked that staff prepare a report and City Policy requiring that contracts disclose, independent of state reporting requirements, political contributions to City Council candidates made during the 12 months preceding a bid or proposal. Receipt of political contributions does not disqualify local officials from making decisions relating to the source of those contributions. However, State and local campaign reporting laws require that political candidates and contributors file certain public disclosure documents in accordance with statutory timelines. These reporting deadlines may pre-date the award of contracts for public works and professional services, so it cannot be guaranteed that the public will be made aware of contractors' contributions to Council candidates before those awards.

This Policy requires that contractors submitting bids or proposals to the City include with their bid or proposal a current disclosure of any contributions made to Councilmembers in the 12 months preceding their submittal. This will ensure that those disclosures are available to the public at the time of contract award, whether or not statutorily required disclosures have been made during that period. Staff will need to revise the City's contract material to include this disclosure form .

Recommended
Actions:

If Council desires to establish Local Campaign Contribution Limits that vary from the State's default limits, the City Clerk recommends that Council do so through adoption of the below ordinances. If Council wishes to require disclosure of contractor political contributions, the City Clerk recommends that Council adopt Policy and Procedure No. 201-15.

1. Adopt AN URGENCY ORDINANCE OF THE CITY OF SAN CLEMENTE ADDING SECTION 2.04.100 TO CHAPTER 2.04 (CITY COUNCIL) OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE SAN CLEMENTE MUNICIPAL

CODE RELATING TO LOCAL ELECTION CAMPAIGN CONTRIBUTION LIMITS AND REGULATIONS, with the incorporation of campaign contribution limits of either $500 or $1,000 per source per election and allowing for CPI increases. 6-21-22 / 10C-3
Agenda Report Page 4

2. Introduce AN ORDINANCE OF THE CITY OF SAN CLEMENTE ADDING SECTION

2.04.100 TO CHAPTER 2.04 (CITY COUNCIL) OF TITLE 2 (ADMINISTRATION AND

PERSONNEL) OF THE SAN CLEMENTE MUNICIPAL CODE RELATING TO LOCAL ELECTION CAMPAIGN CONTRIBUTION LIMITS AND REGULATIONS, with the incorporation of campaign contribution limits of either $500 or $1,000 per source per election and allowing for CPI increases.

3. Adopt Policy and Procedure No. 201-15 (Disclosure of Political Contributions), effective June 21 , 2022.

Attachments: 1. Draft Urgency Ordinance

2. Draft Conventional Ordinance

3. Draft Campaign Contribution Disclosure Policy
Notification: None.
\\cf\data\ch\cityclerk\secure\my word\adniinreport-contribulionliniits.docx 6-21-22 I 1 0C-4
ATTACHMENT 1
URGENCY ORDINANCE NO. __

AN URGENCY ORDINANCE OF THE CITY OF SAN CLEMENTE ADDING SECTION 2.04.100 TO CHAPTER 2.04 (CITY COUNCIL) OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE SAN CLEMENTE

MUNICIPAL CODE RELATING TO LOCAL ELECTION CAMPAIGN

CONTRIBUTION LIMITS AND REGULATIONS
WHEREAS, Assembly Bill No. 571 ("AB 571") imposed a default campaign contribution limit upon cities and counties effective January 1, 2021 ; and WHEREAS, California Government Code Section 85702.5 permits the City of San Clemente to act by either ordinance or resolution to establish its own campaign contribution limits that differ from those described in Government Code Sections 85301 and 83124; and
WHEREAS, transparency in local elections regarding financial contributions and influence are important to promoting the election process and to ensure a fair Council election process for all candidates; and
WHEREAS, with the beginning of the 2022 election cycle there is now an urgent need to take immediate action to enact the campaign finance provisions herein so that they may be effective to govern the November 8, 2022 General Municipal Election; WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this Urgency Ordinance to set local campaign contribution limitations and require reasonable campaign finance disclosure for City Council elections as an urgency measure in accordance with Government Code section 36937, subdivision (b) by a fourfifths vote of the City Council.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE DOES ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The recitals above containing a declaration of the facts constituting the need to take immediate action by urgency measure are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. CEQA. The City Council finds that the proposed amendments to the San Clemente Municipal Code are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

SECTION 3. Code Amendment. Section 2.04.100 is hereby added to the San Clemente Municipal Code to read in full as follows:
6-21-22 / 10C-5
CHAPTER 2.04 - CITY COUNCIL

2.04.01 0 - City Council Campaign Finance Limitations and Regulations.

A. Intent.

It is the intent of the City Council of the City of San Clemente in enacting this section to place realistic and Constitutionally enforceable limits on the amount which may be contributed to candidates' political campaigns in City elections, for the purpose of preventing potential improper or undue influence over elected officials by campaign contributions, to develop a broader base of political efficacy within the community, to provide full and fair enforcement of all the provisions of this Section, and to encourage the public to participate as candidates in elections by simplifying the local regulations as much as possible in matters adequately regulated by State law. This Section is intended to supplement the Political Reform Act of 1974, as amended and in the event of a conflict between that Act and this Section, that Act shall prevail. This Section is enacted pursuant to Article XI, Section 7 of the Constitution of the State of California, and Section 81013 of the California Government Code.

8. Definitions.

1. "Candidate" means an individual who:
a. is listed on the ballot;
b. who has qualified to have write-in votes on that individual's behalf counted by election officials; or
c. who has begun to circulate nominating petitions or authorized others to circulate nominating petitions on the individual's behalf for nomination for or election to any elective City office; or d. who receives a contribution or makes an expenditure or gives consent for any other person to receive a contribution or make an expenditure with a view to bringing about the individual's nomination or election to any elective City office, whether or not the specific elective office for which the candidate will seek nomination or election is known at the time the contribution is received or the expenditure is made and whether or not the candidate has announced the candidacy or filed a declaration of candidacy at such time.
"Candidate" includes any individual running to replace an incumbent City officer who is the subject of a recall election but does not include any person within the meaning of Section 301 (b) of the Federal Election Campaign Act of 1971. An individual who becomes a candidate retains status as a 6-21-22 I 10C-6
(
candidate until such time as that status is terminated pursuant to the Political Reform Act of 1974 (Government Code Section 84214, or successor statute.

2. "City election" means any general or special election, including a vacancy or recall election held within the City for elective City office or on a City measure.

Each general or special election is a separate election for purposes of this Section.

3. "City measure" means any proposition for the issuance of funding or refunding of bonds of the City, voter approval of local taxes or other revenue matters, or any other question or proposition submitted to the voters of the City at any election held throughout the entire City. "City measure" includes any measure which is submitted to a popular vote at an election by action of the City Council or which is submitted or is intended to be submitted to a popular vote at an election by initiative, referendum, or recall procedure, whether or not it has qualified for the ballot.

4. "Enforcement authority" under this Section, means that special counsel appointed by the City Manager in consultation with the City Attorney pursuant to Subsection (G).

5. "Person" means any individual or entity, .including without limitation a firm, partnership, joint venture, syndicate, business trust, company, corporation, association, committee, or any other organization or group of persons acting in concert.

Except as otherwise stated herein, the terms of this Section shall have those definitions provided in the Political Reform Act of 1974 ((Government code Section 81000, et. seq. or in the regulations adopted by the California Fair Political Practices Commission to implement the Act.

C. Campaign Finance Disclosure/Electronic Filing.

1. Each candidate and committee must file campaign statements, statements of economic interest, reports, or other documents in the time and manner required by the Political Reform Act of 1974, as amended (Government Code Section 84100, et seq.). Except as set forth herein, compliance with the requirements of the Act are deemed to be in compliance with this Section.

2. Reportable contributions shall include, without limitation, money paid, loaned, contributed, or otherwise furnished to the candidate or any committee for the use of such candidate or such committee in aid of the candidate's election, or for the qualification, passage, or defeat of any city measure. Said disclosure shall include the name of the contributing person or entity and all other information required to be disclosed by the Political Reform Act of 1974, as amended. 6-21-22 I 10C-7

3. All candidates and committees required to file campaign statements, reports, or other documents as referenced herein shall do so for all campaign expenditures made, to aid or oppose, either directly or indirectly, a candidate's election or the qualification and/or passage of any city measure. Reportable expenditures shall include, without limitation, expenditures made by a candidate, candidate-controlled committee, political party or independent expenditure committee.

4. Any elected officer, candidate, committee or other person required to file campaign statements, reports or other documents required by the Political Reform Act of 1974, as amended, shall file those statements, reports or other documents in person, online or electronically with the city clerk.

5. In any instance in which an original campaign statement, report or other document must be filed with the California Secretary of State or Fair Political Practices Commission and a copy of that statement, report or other document is required to be filed with the city clerk, the filer may, but is not required to, file the copy electronically.

6. If the city clerk's electronic system is not capable of accepting a particular type of statement, report or other document, an elected officer, candidate, committee or other person shall file that document with the city clerk in an alternative format.

D. Limits on Campaign Contributions

1. No person, other than the candidate, is permitted to make to a candidate or candidate-controlled committee, and no candidate-controlled committee treasurer may solicit or accept, any campaign contribution which will cause the total amount contributed by such person with respect to a single city election to exceed [Insert either Five Hundred Dollars ($500.00) or One Thousand Dollars ($1,000.00).] This contribution limit shall be reviewed and, if necessary, adjusted in January at two (2) year intervals beginning in 2024 by the City Clerk to reflect annual changes in the Consumer Price Index (CPI) over the previous two (2) year period. The City Clerk shall use the annual percent change in the Consumer Price Index for All Urban Consumers (CPI-U) in the selected local area of Los Angeles - Riverside - Orange County, CA, to determine the appropriate rate of increase, if any. The City Clerk shall compute the adjustment for each year separately, adding the adjustment for each year to the prior year's limit and then rounding the total adjusted amount to the nearest ten dollar ($10.00) increment for the two (2) year period.

2. A candidate for elective office shall have no more than one candidatecontrolled committee and one checking account into which all campaign contributions shall be deposited and out of which all expenditures shall be made. 6-21 -22 I 10C-8
This paragraph shall not prohibit the establishment of savings accounts, but no qualified campaign expenditures shall be made out of these accounts.

3. A person may not make a contribution for any other person under an assumed name or under the name of any other person.

4. The limit in paragraph (1) shall not be deemed to prohibit contributions or loans from a candidate to his/her own candidate-controlled committee in accordance with State law or to limit the amount of his/her own money or property a candidate may contribute, loan to, or expend on behalf of the candidate's own campaign. Contributions by the spouse of a candidate from such spouse's separate property shall be subject to the limit set forth in paragraph (1).

5. The limit in paragraph (1) shall not apply to contributions made to a committee which is organized solely for the purpose of supporting or opposing the qualification and/or passage of one or more city measures. However, the disclosure requirements for all committees set forth in Subsection (C) shall apply.

6. The limit in paragraph (1) shall not apply to contributions made to a committee which is organized solely for the purpose of supporting or opposing the recall of an incumbent City officer, but shall apply to all candidates and their controlled committees seeking election to replace the incumbent City officer. The disclosure requirements for all committees set forth in Subsection (C) shall apply.

7. The limit in paragraph (1) shall not apply to political contributions made to and expenditures made by an independent expenditure committee in support of or in opposition to a city measure, or in support of or opposition to the election of a candidate for city office, if the contributions and expenditures were not made at the direction or control of the candidate or his or her controlled committee. However, the disclosure requirements for all committees set forth in Subsection (C) shall apply.

8. The limit in paragraph (1) shall not apply to political contributions made prior to the effective date of this Section.

9. If a candidate or the treasurer of a candidate-controlled committee is offered a contribution which would violate this limitation, the candidate or treasurer must refuse the contribution. If, however, a contribution which is in violation of this section is deposited into the campaign trust account, the candidate or treasurer must report in writing within five days of the receipt of the contribution to the City Clerk the facts surrounding such payment or contribution and, to the extent permitted by applicable law, return the contribution.

E. Suppliers of goods and services - Disclosure of records required 6-21-22 I 1 0C-9
No person who supplies goods or services or both goods and services to a candidate or any committee for use in connection with the campaign of a candidate or for or against a city measure may refuse to divulge or disclose to the enforcement authority that person's record of any expenditures made by the candidate or committee in payment for such goods or services or both.

F. Duties of the City Clerk
In addition to other duties required of the City Clerk under the terms of this Section, the City Clerk must:

1. Supply appropriate forms and manuals prescribed by the California Fair Political Practices Commission to implement the Political Reform Act of 1974, as amended. These forms and manuals must be furnished to all candidates and committees, and to all other persons required to report;

2. Determine whether required documents have been filed and, if so, whether' they conform on their face with the requirements of State law and this Section;

3. Notify promptly all persons and known committees who have failed to file a document in the form and at the time required by State law and this Section;

4. Report apparent violations of this Section and applicable State law to the enforcement authority;

5. Compile and maintain a current list of all statements or parts of statements filed with the city clerk's office pertaining to each candidate and each city measure;

6. Cooperate with the City Attorney and enforcement authority in the performance of the duties of the enforcement authority as prescribed in this Section and applicable State laws and to determine the appropriate enforcement.

G. Enforcement authority - Duties, complaints, legal actions, investigatory powers.

1. The City Attorney must not investigate or prosecute any alleged violation of this Section, but will defend the constitutionality and legality of this Section in any civil proceeding in which the City or the City Council is a party.

2. Review of complaints of violation of this Section and criminal prosecution thereof may be commenced only by the enforcement authority appointed by the City Manager. The enforcement authority is authorized to commence and prosecute civil litigation to compel compliance with this Section or to 6-21-22 / 10C-10
enjoin conduct in violation of this Section. Prior to each election, the City Manager, in consultation with the City Attorney, will appoint an enforcement authority for that election. If the appointment of an additional enforcement authority becomes necessary or appropriate, the City Manager, in consultation with the City Attorney, will appoint such additional enforcement authority as may be required. No enforcement or prosecution or action of the enforcement authority is subject to the review or control of the City Council or the City Attorney. The City Council shall appropriate sufficient funds from the City's treasury to retain the services of the enforcement authority and to permit him/her to fully investigate any alleged violations of this Section and, if necessary, to take action to enforce this Section.

3. Any resident of the City who believes that a violation of this Section has occurred may file a written complaint requesting investigation of such violation by the enforcement authority. The complainant shall file the complaint with the City Clerk under penalty of perjury and include proof that the complainant is a resident of the City. Anonymous or non-resident complaints will not be reviewed and/or investigated. The complaint shall state a full recitation of all facts that are alleged to constitute a violation of this Section. If a complaint does not comply with these requirements, the City Clerk shall return the complaint to the complainant, with an explanation as to why it is insufficient for filing. Within five working days after accepting the complaint for filing, the City Clerk shall forward it to the enforcement authority.

4. The enforcement authority shall, within thirty (30) calendar days of receiving the complaint, make a determination of whether there is probable cause to believe that a violation occurred. If no probable cause is determined to exist, the complaint shall be dismissed summarily and interested parties shall be notified of the dismissal in writing.

5. If the enforcement authority determines there is probable cause to believe that a violation of this Section has occurred, the enforcement authority may refer the matter to the District Attorney for criminal prosecution or may conduct an investigation and commence such administrative, civil or criminal legal action as it deems necessary for the enforcement of this Section. No enforcement, prosecution or legal action by the enforcement authority shall be subject to the review or control of the City Council or City Attorney.

6. The enforcement authority shall not investigate or take any further action regarding any alleged violation which has been referred to the District Attorney or which is already the subject of a complaint filed with the Fair Political Practices Commission, until the investigation of that complaint is complete.
6-21-22 / 10C-11

7. The enforcement authority has such investigative powers as are necessary for the performance of duties described in this Section and may demand and be furnished records of campaign contributions and expenditures of any person or committee at any time. In the event that production of such records is refused, the enforcement authority may commence litigation to complete such production.

8. The enforcement authority is immune to liability for its enforcement of this Section.

9. Any action alleging violation of this Section must be commenced within two years of the time the alleged violation occurred.

H. Penalties

1. Any person who knowingly or willfully violates any provisions of this Section is guilty of a misdemeanor.

2. If any person is found to have violated Subsection (D), whether by civil, criminal or administrative enforcement action, the amount of funds received constituting such violation shall be paid by the candidate or committee that received such funds to the City Manager for deposit into the City's general fund. If any person is found to have violated any other sub-chapter of this Section, the fine imposed in connection with such violation shall be in the amount of $250.00 for the first 30 days after said violation, $500.00 for the next 30 days after said violation and $1,000.00 for any period in excess of 60 days following said violation, and shall be paid to the City Manager for deposit into the City's general fund.

3. If any candidate is convicted of a violation of any provision of this Section by a court of competent jurisdiction, the court shall be authorized, to the maximum extent allowed by State law, to declare the candidate's election void or, if the candidate has already assumed office, to remove the candidate from office and declare such office vacant, to be filled in accordance with applicable State law. The Court shall also be authorized to declare the candidate/officer ineligible to hold any City office, up to the maximum amount of time allowed by State law for the offense.

I. Rules of Construction
This Section will be construed liberally in order to effectuate its purposes. No error, irregularity, informality, neglect or omission of any person in any procedure taken under this Section which does not directly affect the jurisdiction of the City to control campaign contributions and expenditures voids the effect of this Section." SECTION 4. Publication. The City Clerk shall certify to the adoption of this Urgency Ordinance and cause it, or a summary of it, to be published once within 15 days of 6-21 -22 / 10C-12
adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this Urgency Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code, section 36933.

SECTION 5. Records. The documents and materials associated with this Urgency Ordinance that constitute the record of proceedings on which the City Council's findings and determinations are based are located at City Hall, 910 Calle Negocio, San Clemente, CA 92673.

SECTION 6. Severability. If any provision of this Urgency Ordinance or its application to any person or circumstance is held invalid, such invalidity has no effect on the other provisions or applications of the Urgency Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable. The City Council declares that it would have adopted this Urgency Ordinance irrespective of the invalidity of any portion thereof.

SECTION 7. Effective Date. This Urgency Ordinance shall become effective immediately upon its adoption.

APPROVED AND ADOPTED this __ day of __ , 2022.

Gene James, Mayor
ATTEST:

Laura Campagnolo, Legislative Administrator

ST ATE OF CALIFORNIA

COUNTY OF ORANGE

CITY OF SAN CLEMENTE
)
) ss.
)
I, Laura Campagnolo, Legislative Administrator of the City of San Clemente, California, hereby certify that Urgency Ordinance No. _ _ _ , the reading in full thereof unanimously waived, was duly passed and adopted at a regular meeting of the City Council held on the __ day of _____ _____ , by the following vote:

AYES:

NOES:

ABSENT:
6-21-22 I 10C-13
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
\\cf\data\ch\cityclerk\secure\my word\campaigncontributionordinance-urgency.docx 6-21-22 I 10C-14
ATTACHMENT 2
ORDINANCE NO. ---

AN ORDINANCE OF THE CITY OF SAN CLEMENTE ADDING SECTION

2.04.100 TO CHAPTER 2.04 (CITY COUNCIL) OF TITLE 2
(ADMINISTRATION AND PERSONNEL) OF THE SAN CLEMENTE

MUNICIPAL CODE RELATING TO LOCAL ELECTION CAMPAIGN

CONTRIBUTION LIMITS AND REGULATIONS
WHEREAS, Assembly Bill No. 571 ("AB 571 ") imposed a default campaign contribution limit upon cities and counties effective January 1, 2021; and WHEREAS, California Government Code Section 85702.5 permits the City of San Clemente to act by either ordinance or resolution to establish its own campaign contribution limits that differ from those described in Government Code Sections 85301 and 83124; and
WHEREAS, transparency in local elections regarding financial contributions and influence are important to promoting the election process and to ensure a fair Council election process for all candidates; and
WHEREAS, with the beginning of the 2022 election cycle it is necessary to enact the campaign finance provisions herein so that they may be effective to govern the November 8, 2022 General Municipal Election; and
WHEREAS, in adopting this Ordinance, is the City Council's intention to promote transparency and ensure a fair election process by setting local campaign contribution limitations and requiring reasonable campaign finance disclosure for City Council elections; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE DOES ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council as if fully set forth herein.

SECTION 2. CEQA. The City Council finds that the proposed amendments to the San Clemente Municipal Code are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

SECTION 3. Code Amendment. Section 2.04.100 is hereby added to the San Clemente Municipal Code to read in full as follows:
6-21-22 I 10C-15
CHAPTER 2.04 - CITY COUNCIL

2.04.010 - City Council Campaign Finance Limitations and Regulations.

A. Intent.

It is the intent of the City Council of the City of San Clemente in enacting this section to place realistic and Constitutionally enforceable limits on the amount which may be contributed to candidates' political campaigns in City elections, for the purpose of preventing potential improper or undue influence over elected officials by campaign contributions, to develop a broader base of political efficacy within the community, to provide full and fair enforcement of all the provisions of this Section, and to encourage the public to participate as candidates in elections by simplifying the local regulations as much as possible in matters adequately regulated by State law. This Section is intended to supplement the Political Reform Act of 1974, as amended and in the event of a conflict between that Act and this Section, that Act shall prevail. This Section is enacted pursuant to Article XI, Section 7 of the Constitution of the State of California, and Section 81013 of the California Government Code.

B. Definitions.

1. "Candidate" means an individual who:
a. is listed on the ballot;
b. who has qualified to have write-in votes on that individual's behalf counted by election officials; or
c. who has begun to circulate nominating petitions or authorized others to circulate nominating petitions on the individual's behalf for nomination for or election to any elective City office; or d. who receives a contribution or makes an expenditure or gives consent for any other person to receive a contribution or make an expenditure with a view to bringing about the individual's nomination or election to any elective City office, whether or not the specific elective office for which the candidate will seek nomination or election is known at the time the contribution is received or the expenditure is made and whether or not the candidate has announced the candidacy or filed a declaration of candidacy at such time.
"Candidate" includes any individual running to replace an incumbent City officer who is the subject of a recall election but does not include any person within the meaning of Section 301 (b) of the Federal Election Campaign Act of 1971. An individual who becomes a candidate retains status as a 6-21-22 I 10C-16
(
candidate until such time as that status is terminated pursuant to the Political Reform Act of 1974 (Government Code Section 84214, or successor statute.

2. "City election" means any general or special election, including a vacancy or recall election held within the City for elective City office or on a City measure.

Each general or special election is a separate election for purposes of this Section.

3. "City measure" means any proposition for the issuance of funding or refunding of bonds of the City, voter approval of local taxes or other revenue matters, or any other question or proposition submitted to the voters of the City at any election held throughout the entire City. "City measure" includes any measure which is submitted to a popular vote at an election by action of the City Council or which is submitted or is intended to be submitted to a popular vote at an election by initiative, referendum, or recall procedure, whether or not it has qualified for the ballot.

4. "Enforcement authority" under this Section, means that special counsel appointed by the City Manager in consultation with the City Attorney pursuant to Subsection (G).

5. "Person" means any individual or entity, including without limitation a firm, partnership, joint venture, syndicate, business trust, company, corporation, association, committee, or any other organization or group of persons acting in concert.

Except as otherwise stated herein, the terms of this Section shall have those definitions provided in the Political Reform Act of 1974 ((Government code Section 81000, et. seq. or in the regulations adopted by the California Fair Political Practices Commission to implement the Act.

C. Campaign Finance Disclosure/Electronic Filing.

1. Each candidate and committee must file campaign statements, statements of economic interest, reports, or other documents in the time and manner required by the Political Reform Act of 1974, as amended (Government Code Section 84100, et seq.). Except as set forth herein, compliance with the requirements of the Act are deemed to be in compliance with this Section.

2. Reportable contributions shall include, without limitation, money paid, loaned , contributed, or otherwise furnished to the candidate or any committee for the use of such candidate or such committee in aid of the candidate's election, or for the qualification, passage, or defeat of any city measure. Said disclosure shall include the name of the contributing person or entity and all other information required to be disclosed by the Political Reform Act of 1974, as amended. 6-21-22 / 10C-17

3. All candidates and committees required to file campaign statements, reports, or other documents as referenced herein shall do so for all campaign expenditures made, to aid or oppose, either directly or indirectly, a candidate's election or the qualification and/or passage of any city measure. Reportable expenditures shall include, without limitation, expenditures made by a candidate, candidate-controlled committee, political party or independent expenditure committee.

4. Any elected officer, candidate, committee or other person required to file campaign statements, reports or other documents required by the Political Reform Act of 1974, as amended, shall file those statements, reports or other documents in person, online or electronically with the city clerk.

5. In any instance in which an original campaign statement, report or other document must be filed with the California Secretary of State or Fair Political Practices Commission and a copy of that statement, report or other document is required to be filed with the city clerk, the filer may, but is not required to, file the copy electronically. •

6. If the city clerk's electronic system is not capable of accepting a particular type of statement, report or other document, an elected officer, candidate, committee or other person shall file that document with the city clerk in an alternative format.

D. Limits on Campaign Contributions

1. No person, other than the candidate, is permitted to make to a candidate or candidate-controlled committee, and no candidate-controlled committee treasurer may solicit or accept, any campaign contribution which will cause the total amount contributed by such person with respect to a single city election to exceed [Insert either Five Hundred Dollars ($500.00) or One Thousand Dollars ($1,000.00).] This contribution limit shall be reviewed and, if necessary, adjusted in January at two (2) year intervals beginning in 2024 by the City Clerk to reflect annual changes in the Consumer Price Index (CPI) over the previous two (2) year period. The City Clerk shall use the annual percent change in the Consumer Price Index for All Urban Consumers (CPI-U) in the selected local area of Los Angeles - Riverside - Orange County, CA, to determine the appropriate rate of increase, if any. The City Clerk shall compute the adjustment for each year separately, adding the adjustment for each year to the prior year's limit and then rounding the total adjusted amount to the nearest ten dollar ($10.00) increment for the two (2) year period.

2. A candidate for elective office shall have no more than one candidatecontrolled committee and one checking account into which all campaign contributions shall be deposited and out of which all expenditures shall be made. 6-21-22 I 10C-18
This paragraph shall not prohibit the establishment of savings accounts, but no qualified campaign expenditures shall be made out of these accounts.

3. A person may not make a contribution for any other person under an assumed name or under the name of any other person.

4. The limit in paragraph (1) shall not be deemed to prohibit contributions or loans from a candidate to his/her own candidate-controlled committee in accordance with State law or to limit the amount of his/her own money or property a candidate may contribute, loan to, or expend on behalf of the candidate's own campaign. Contributions by the spouse of a candidate from such spouse's separate property shall be subject to the limit set forth in paragraph (1 ).

5. The limit in paragraph (1) shall not apply to contributions made to a committee which is organized solely for the purpose of supporting or opposing the qualification and/or passage of one or more city measures. However, the disclosure requirements for all committees set forth in Subsection (C) shall apply.

6. The limit in paragraph (1) shall not apply to contributions made to a committee which is organized solely for the purpose of supporting or opposing the recall of an incumbent City officer, but shall apply to all candidates and their controlled committees seeking election to replace the incumbent City officer. The disclosure requirements for all committees set forth in Subsection (C) shall apply.

7. The limit in paragraph (1) shall not apply to political contributions made to and expenditures made by an independent expenditure committee in support of or in opposition to a city measure, or in support of or opposition to the election of a candidate for city office, if the contributions and expenditures were not made at the direction or control of the candidate or his or her controlled committee. However, the disclosure requirements for all committees set forth in Subsection (C) shall apply.

8. The limit in paragraph (1) shall not apply to political contributions made prior to the effective date of this Section.

9. If a candidate or the treasurer of a candidate-controlled committee is offered a contribution which would violate this limitation, the candidate or treasurer must refuse the contribution. If, however, a contribution which is in violation of this section is deposited into the campaign trust account, the candidate or treasurer must report in writing within five days of the receipt of the contribution to the City Clerk the facts surrounding such payment or contribution and, to the extent permitted by applicable law, return the contribution.

E. Suppliers of goods and services - Disclosure of records required 6-21 -22 I 10C-19
No person who supplies goods or services or both goods and services to a candidate or any committee for use in connection with the campaign of a candidate or for or against a city measure may refuse to divulge or disclose to the enforcement authority that person's record of any expenditures made by the candidate or committee in payment for such goods or services or both.

F. Duties of the City Clerk
In addition to other duties required of the City Clerk under the terms of this Section, the City Clerk must:

1. Supply appropriate forms and manuals prescribed by the California Fair Political Practices Commission to implement the Political Reform Act of 1974, as amended. These forms and manuals must be furnished to all candidates and committees, and to all other persons required to report;

2. Determine whether required documents have been filed and, if so, whether they conform on their face with the requirements of State law and this Section;

3. Notify promptly all persons and known committees who have failed to file a document in the form and at the time required by State law and this Section;

4. Report apparent violations of this Section and applicable State law to the enforcement authority;

5. Compile and maintain a current list of all statements or parts of statements filed with the city clerk's office pertaining to each candidate and each city measure;

6. Cooperate with the City Attorney and enforcement authority in the performance of the duties of the enforcement authority as prescribed in this Section and applicable State laws and to determine the appropriate enforcement.

G. Enforcement authority - Duties, complaints, legal actions, investigatory powers.

1. The City Attorney must not investigate or prosecute any alleged violation of this Section,· but will defend the constitutionality and legality of this Section in any civil proceeding in which the City or the City Council is a party.

2. Review of complaints of violation of this Section and criminal prosecution thereof may be commenced only by the enforcement authority appointed by the City Manager. The enforcement authority is authorized to commence and prosecute civil litigation to compel complia1,1ce with this Section or to 6-21-22 I 1 0C-20
enjoin conduct in violation of this Section. Prior to each election, the City Manager, in consultation with the City Attorney, will appoint an enforcement authority for that election. If the appointment of an additional enforcement authority becomes necessary or appropriate, the City Manager, in consultation with the City Attorney, will appoint such additional enforcement authority as may be required. No enforcement or prosecution or action of the enforcement authority is subject to the review or control of the City Council or the City Attorney. The City Council shall appropriate sufficient funds from the City's treasury to retain the services of the enforcement authority and to permit him/her to fully investigate any alleged violations of this Section and, if necessary, to take action to enforce this Section.

3. Any resident of the City who believes that a violation of this Section has occurred may file a written complaint requesting investigation of such violation by the enforcement authority. The complainant shall file the complaint with the City Clerk under penalty of perjury and include proof that the complainant is a resident of the City. Anonymous or non-resident complaints will not be reviewed and/or investigated. The complaint shall state a full recitation of all facts that are alleged to constitute a violation of this Section. ' If a complaint does not comply with these requirements, the City Clerk shall return the complaint to the complainant, with an explanation as to why it is insufficient for filing. Within five working days after accepting the complaint for filing, the City Clerk shall forward it to the enforcement authority.

4. The enforcement authority shall, within thirty (30) calendar days of receiving the complaint, make a determination of whether there is probable cause to believe that a violation occurred. If no probable cause is determined to exist, the complaint shall be dismissed summarily and interested parties shall be notified of the dismissal in writing.

5. If the enforcement authority determines there is probable cause to believe that a violation of this Section has occurred, the enforcement authority may refer the matter to the District Attorney for criminal prosecution or may conduct an investigation and commence such administrative, civil or criminal legal action as it deems necessary for the enforcement of this Section. No enforcement, prosecution or legal action by the enforcement authority shall be subject to the review or control of the City Council or City Attorney.

6. The enforcement authority shall not investigate or take any further action regarding any alleged violation which has been referred to the District Attorney or which is already the subject of a complaint filed with the Fair Political Practices Commission, until the investigation of that complaint is complete.
6-21-22 / 10C-21

7. The enforcement authority has such investigative powers as are necessary for the performance of duties described in this Section and may demand and be furnished records of campaign contributions and expenditures of any person or committee at any time. In the event that production of such records is refused, the enforcement authority may commence litigation to complete such production.

8. The enforcement authority is immune to liability for its enforcement of this Section.

9. Any action alleging violation of this Section must be commenced within two years of the time the alleged violation occurred.

H. Penalties

1. Any person who knowingly or willfully violates any provisions of this Section is guilty of a misdemeanor.

2. If any person is found to have violated Subsection (D), whether by civil, criminal or administrative enforcement action, the amount of funds received constituting such violation shall be paid by the candidate or committee that received such funds to the City Manager for deposit into the City's general fund. If any person is found to have violated any other sub-chapter of this Section, the fine imposed in connection with such violation shall be in the amount of $250.00 for the first 30 days after said violation, $500.00 for the next 30 days after said violation and $1,000.00 for any period in excess of 60 days following said violation, and shall be paid to the City Manager for deposit into the City's general fund.

3. If any candidate is convicted of a violation of any provision of this Section by a court of competent jurisdiction, the court shall be authorized, to the maximum extent allowed by State law, to declare the candidate's election void or, if the candidate has already assumed office, to remove the candidate from office and declare such office vacant, to be filled in accordance with applicable State law. The Court shall also be authorized to declare the candidate/officer ineligible to hold any City office, up to the maximum amount of time allowed by State law for the offense.

I. Rules of Construction
This Section will be construed liberally in order to effectuate its purposes. No error, irregularity, informality, neglect or omission of any person in any procedure taken under this Section which does not directly affect the jurisdiction of the City to control campaign contributions and expenditures voids the effect of this Section." SECTION 4. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a 6-21-22 / 1 0C-22
newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code, section 36933.

SECTION 5. Records. The documents and materials associated with this Ordinance that constitute the record of proceedings on which the City Council's findings and determinations are based are located at City Hall, 910 Calle Negocio, San Clemente, CA 92673.

SECTION 6. Severability. If any provision of this Ordinance or its application to any person or circumstance is held invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

SECTION 7. Effective Date. This Ordinance shall become effective 30 days after its adoption.

APPROVED AND ADOPTED this __ day of _ _ , 2022.

Gene James, Mayor

STATE OF CALIFORNIA
COUNTY OF ORANGE ss.

CITY OF SAN CLEMENTE
I, Laura Campagnolo, Legislative Administrator of the City of San Clemente, California, hereby certify that Ordinance No. ___ having been regularly introduced at the meeting of __________ , was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the __ day of _ _ _ _ __ ____ , and said ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _ _ day of _ ____ ____ _ 6-21-22 I 1 0C-23
APPROVED AS TO FORM:

CITY ATTORNEY
\\cf\data\chlcityclerklsecure\my word\campaignordinance.docx

LEGISLATIVE ADMINISTRATOR
of the City of San Clemente,
California
6-21-22 I 1 0C-24
ATTACHMENT 3

POLICY AND PROCEDURE
Subject: Disclosure of Political Contributions Index:

Number: 201 -15
Effective Date: June 21, 2022 Prepared by: City Attorney Approved by.

1.0 PURPOSE:

Receipt of political contributions does not disqualify local officials from making decisions relating to the source of those contributions. However, State and local campaign reporting laws require that political candidates and contributors file certain public disclosure documents in accordance with statutory timelines. These reporting deadlines may pre-date the award of contracts for public works and professional services, so it cannot be guaranteed that the public will be made aware of contractors' contributions to Council candidates before those awards.

This Policy requires that contractors submitting bids or proposals to the City include with that bid or proposal a current disclosure of any contributions made to Councilmembers in the 12 months preceding that submittal. This will ensure that those disclosures are available to the public at the time of contract award, whether or not statutorily required disclosures have been made during that period .

2.0 ORGANIZATIONS AFFECTED:

All departments and contractors

3.0 POLICY:

All bids or proposals for services submitted to the City shall include a written disclosure to the City declaring any political contributions of money, in-kind services, or loans made to any member of the City Council within the 12 months preceding the submittal. Contractors shall submit the disclosure prior to the contract being approved, renewed or extended by the City.

4.0 PROCEDURE:
1 It shall be the responsibility of staff drafting requests for bids or proposals to include in said request a disclosure statement form in substantially the form attached hereto. Said disclosure form shall be available for public inspection prior to contract award, renewal or extension of the contract or shall be contained in the 55452.02100i34483566.2
6-21-22 / 10C-25
recommendation for such action when presented to the City Council. Bids or proposals lacking said disclosure shall be deemed incomplete.

CITY OF SAN CLEMENTE

DECLARATION OF POLITICAL CONTRIBUTIONS
Using the space provided below, please list any political contributions of money, in-kind services, or loans made to any member of the City Council within the last twelve (12) months by Contractor and all of Contractor's employees, including any employee(s) that applicant intends to assign to perform the work or services described in this Agreement:

To the best of my knowledge, I declare under penalty of perjury that the foregoing is true and was executed at:

City/County/State Date
Name of Contractor Print Name
Signature
NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE AGREEMENT AND MUST BE SIGNED AND ATTACHED HERETO.
2 55452.02200134483 566.2
6-21-22 I 10C-26

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 21, 2022
Agenda Item \ C) 1)
Approvals:

City Manager
Dept. Head
Attorney ~
Finance .-Ji~
Department: City Manager
City Attorney
Prepared By: Scott Smith, City Attorney
Subject: INTRODUCTION OF ORDINANCE PROHIBITING UNLAWFUL POSSESSION OF CATALYTIC

CONVERTERS
Fiscal Impact: There is no fiscal impact associated with the recommended action.

Summary: The attached Ordinance would prohibit the unlawful possession of catalytic converters in the City, discouraging this increasingly-common criminal activity. It will assist the City in prohibiting the falsification of information in documents and records used to verify ownership or lawful possession of catalytic converters.

Background: Catalytic converters are an external component of a vehicle, accessible from the underside of a parked car. They convert most of a vehicle's emissions into less harmful forms, improving air quality and vehicle performance. As part of their construction, catalytic converters contain valuable materials such as platinum and palladium, rare metals that command ever-increasing prices on the recyclables market.

Discussion:

Catalytic converter thefts are on the rise because individuals are incentivized to commit catalytic converter thefts for multiple reasons including: (1) the ease and undetectable nature of committing such thefts, potentially in a matter of seconds and through the use of common tools such as a reciprocating saw; (2) the ability to recycle catalytic converters at scrap metal yards for high dollar returns ranging from $200 to $1,200 per catalytic converter; and (3) loopholes in legislation protecting criminals from prosecution unless a victim can be identified.

Nationwide thefts numbered approximately 26,000 in May 2021 , and countywide thefts number approximately 2,000 this year to date.

There is currently no City, State, or Federal legislation applicable within the City of San Clemente to define and punish catalytic converter thefts absent an identifiable victim. Additionally, there is currently no City, State, or Federal legislation applicable within the City of San Clemente requiring individuals to provide proof to law enforcement as to how they obtained catalytic converters in their possession. This limits law enforcement's ability to (1) protect the public by preventing catalytic converter thefts and (2) seize suspected stolen catalytic converters when there is no identifiable victim present. As a result, preventing and punishing these crimes at present is nearly impossible due to the ease and speed with which catalytic converter City Counci l Agenda Report
6-21-22 / 10D-1
Agenda Repo1i
Recommended

thefts can be committed and the difficulty of tracing a particular catalytic converter back to its prior owner (the victim), because catalytic converters typically have no identifying markers.

Individuals in possession of stolen catalytic converters are able to recycle them for substantial profit at relatively low risk, while victims are forced to commit to costly repairs. By criminalizing the mere possession of an unattached catalytic converter absent proof of ownership or lawful possession, this ordinance would combat this criminal practice by: (1) achieving deterrence by establishing zero-tolerance for catalytic converter thefts; (2) establishing sanctions for possessing stolen catalytic converters; (3) prohibiting the falsification of information in documents and records used to verify ownership or lawful possession of a catalytic converter; (4) preventing criminals from profiting from the sale and recycling of stolen catalytic converters; (5) providing indirect justice to the victims of catalytic converter theft cases that have gone or will go unsolved for the reasons discussed above; and (6) minimizing the fiscal and personnel impact on the City of San Clemente and the Orange County Sheriff's Department by reducing the time invested in deterring and investigating catalytic converter thefts.

Action: STAFF RECOMMENDS THAT the City Council consider the following action:

Attachments:

Introduce for first reading Ordinance No. _AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE ADDING CHAPTER 10.54 (UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER PROHIBITED) OF TITLE 10 (VEHICLES AND TRAFFIC) TO THE SAN CLEMENTE MUNICIPAL CODE

ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS.

1. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE ADDING CHAPTER 10.54 (UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER PROHIBITED) OF TITLE 10 (VEHICLES AND TRAFFIC) TO THE SAN

CLEMENTE MUNICIPAL CODE ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS.
6-21-22 I 1 0D-2
ORDINANCE NO. ---

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE ADDING CHAPTER 10.54 (UNLAWFUL POSSESSION OF
A CATALYTIC CONVERTER PROHIBITED) OF TITLE 10 (VEHICLES

AND TRAFFIC) TO THE SAN CLEMENTE MUNICIPAL CODE

ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL

POSSESSION OF CATALYTIC CONVERTERS
WHEREAS, citizens nationwide have experienced rising rates of catalytic converter thefts, numbering approximately 26,000 through May 2021; and WHEREAS, citizens statewide have experienced rising rates of catalytic converter thefts, numbering approximately 8,000 through May 2021; and WHEREAS, citizens countywide have experienced rising rates of catalytic converter thefts, numbering approximately 2,000 this year to date; and WHEREAS, the citizens of San Clemente have experienced catalytic converter thefts from automobiles over the past several years; and WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of San Clemente to define and punish catalytic converter thefts absent an identifiable victim; and
WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of San Clemente requiring individuals to provide proof to law enforcement as to how they obtained catalytic converters, thus limiting law enforcement's ability to (1) protect the public by preventing catalytic converter thefts and (2) seize suspected stolen catalytic converters when no victim is present; and
WHEREAS, catalytic converter thefts are on the rise because individuals are incentivized to commit catalytic converter thefts for multiple reasons including, but not limited to: (1) the ease and undetectable nature of committing such thefts, potentially in a matter of seconds and through the use of common tools such as a reciprocating saw; (2) the ability to recycle catalytic converters at scrap metal yards for high dollar returns ranging from $200 to $1,200 per catalytic converter; and (3) loopholes in legislation protecting criminals from prosecution unless a victim can be identified; and WHEREAS, preventing these crimes at present is nearly impossible due to the ease and speed with which catalytic converter thefts can be committed and the difficulty of tracing a particular catalytic converter back to its prior owner (the victim), because catalytic converters typically have no identifying markers; and WHEREAS, the citizens of San Clemente and the Orange County Sheriff's Department are in need of legislation criminalizing mere possession of catalytic converters absent proof of ownership or lawful possession, for multiple reasons including, but not limited to: (1) achieving deterrence by establishing zero-tolerance for catalytic 6-21-22 I 100-3
converter thefts; (2) establishing sanctions for possessing stolen catalytic converters; (3) preventing criminals from profiting from the sale and recycling of stolen catalytic converters; (4) providing indirect justice to the victims of catalytic converter theft cases that have gone or will go unsolved for the reasons discussed above; and (5) minimizing the fiscal and personnel impact on the City of San Clemente and the Orange County Sheriff's Department by reducing the time invested in deterring and investigating catalytic converter thefts; and
WHEREAS, individuals who are in possession of stolen catalytic converters recycle them for substantial profit while victims of these thefts suffer tremendous consequences in the form of costly repairs, inconvenience, and feelings of a lack of safety in the community; and
WHEREAS, this Ordinance is necessary to provide the City of San Clemente and the Orange County Sheriff's Department clear legal authority to better protect the public and deter this criminal activity.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE DOES ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council as if fully set forth herein.

SECTION 2. CEQA. The City Council finds that the proposed amendments to the San Clemente Municipal Code are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Section 15061 (b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

SECTION 3. Code Amendment. Chapter 10.54 is hereby added to the San Clemente Municipal Code to read in full as follows:
"Chapter 10.56 - UNLAWFUL POSSESSION OF CATALYTIC CONVERTER

10.56.010 - Unlawful possession of catalytic converter prohibited.

A. It shall be unlawful to possess any catalytic converter that is not attached to a vehicle, unless the possessor has valid documentation or other proof to verify that they are in lawful possession of the catalytic converter.

B. It is unlawful for any person to falsify or cause to be falsified any information in any documentation or other proof intended to show valid proof of ownership or possession of a catalytic converter.

10.56.020 - Definitions.
6-21-22 / 1 OD-4
A. For purposes of this section, "lawful possession" includes (1) being the lawful owner of the catalytic converter or (2) in possession of the catalytic converter with the lawful owner's written consent. It is not required to prove the catalytic converter was stolen to establish the possession is not a "lawful possession." B. For purposes of this section, "documentation or other proof' means written document(s) that clearly identify the vehicle from which the catalytic converter originated based on the totality of the circumstances, and includes, but is not limited to, the following types of documents:

1. Bill of sale from the original owner with the signature of the vehicle owner authorizing removal of the catalytic converter, as well as the name, address, and telephone number of the vehicle owner.

2. Documentation from an auto-body shop or similar business proving that the owner relinquished the catalytic converter to the auto-body shop or similar business.

3. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.

4. Photographs of the vehicle from which the catalytic converter originated clearly showing the license plate number and vehicle identification number (VIN) of the car from which the catalytic converter was removed.

10.56.030 - Violations - Misdemeanor
A. Each and every violation of this section shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Aliso Viejo Municipal Code. Each and every catalytic converter unlawfully possessed is a separate violation of this section.

B. It is unlawful and a misdemeanor subject to punishment in accordance with Chapter 1.06 of Title 1 of this Code, for any person to violate any provision of this section.

C. The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law." SECTION 4. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code, section 36933.

SECTION 5. Records. The documents and materials associated with this Ordinance that constitute the record of proceedings on which the City Council's findings and determinations are based are located at City Hall, 91 0 Calle Negocio, San Clemente, CA 92673.
6-21-22 I 100-5
SECTION 6. Severability. If any provision of this Ordinance or its application to any ( person or circumstance is held invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

SECTION 7. Effective Date. This Ordinance shall become effective 30 days after its adoption.

APPROVED AND ADOPTED this __ day of __ , 2022.

Gene James, Mayor

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, Laura Campagnolo, Legislative Administrator of the City of San Clemente, California, hereby certify that Ordinance No. ___ having been regularly introduced . at the meeting of __________ , was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the __ day of _ _________ , and said ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this __ day of _________ _ APPROVED AS TO FORM:

CITY ATTORNEY

LEGISLATIVE ADMINISTRATOR
of the City of San Clemente,
California
6-21-22 I 10D-6
Department:

Prepared By:

Subject:

Utilities

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 21, 2022
David Rebensdorf, Utilities Director p (<.

Agenda Item \ O t
Approvals:

City Manager E: S lb
Dept. Head DR •
Attorney CI
Finance /u1t---::
(

REVIEW OF THE CITY'S CR&R SOLID WASTE AND RECYCLING AGREEMENT BY MSW CONSULTANTS.

Fiscal Impact: None at this time.

Summary: MSW Consultants reviewed and analyzed the City's Franchise Agreement with CR&R, Inc. (CR&R}, neighboring agencies' Solid Waste and Recycling Contracts, and current market conditions and made recommendations as outlined in the "Recommendation Regarding the City's Solid Waste Franchise Agreement with CR&R" (Attachment 1 ).

Background: The City has a Franchise Agreement with CR&R for solid waste and recycling handling and hauling services from residential and commercial properties in the City. The City is mandated by the State to provide for Cal Recycle requirements as to waste handling and hauling in the City. The Franchise Agreement with CR&R has been amended several times over the years to provide additional services to meet mandates. The Fiscal Year 2022 budget included funding for the City to hire a specialty consultant to assist staff with review of the existing agreement with CR&R as to the City's compliance with current State mandates, competitiveness of City's services as to rates charged by CR&R and the franchise fee paid to the City, and to identify service improvements that may be implemented.

To facilitate an analysis, City staff solicited a Request for Proposals (RFP) from qualified consultants through PlanetBids and the City Manager approved a contract with MSW Consultants in the amount of $25,000. Depending upon the direction from the City Council to negotiate with CR&R or solicit a Request for Proposals, amendment(s) to MSW Consultant's Professional Services Agreement will be needed.

Discussion: MSW Consultants prepared a report titled "Recommendation Regarding the City's Solid Waste and Franchise Agreement with CR&R" (Attachment 1) which provides information related to trends within the industry, information about the current market, a list of companies currently providing solid waste and recycling services within Orange County, an overview of the Franchise Agreements, and recommendations for the City. In addition, the report compares the risks and benefits of issuing CR&R a notice to terminate the automatic contract extension. Based on the City's existing Franchise Agreement, if the City or CR&R do not issue a notice prior to June 30, 2022, the Franchise Agreement automatically renews for three years starting July 1. If notice is given, the Franchise Agreement will terminate at the end of two years beginning on Utilities Agenda Report 6-21-22 I 10E-1
Agenda Report
Recommended

July 1, which allows the City time to potentially acquire a new hauler or modify its existing Franchise Agreement.

Based on the report by MSW Consultants, the recommendation is to issue CR&R a notice to terminate service prior to June 30, 2022 and negotiate with CR&R for up to six months. If a revised Franchise Agreement cannot be negotiated, the recommendation is to conduct an RFP, which will provide the City approximately 18 months to complete the RFP process and bring on a new hauler if one is chosen by the City Council.

As part of the negotiation or RFP process, staff is recommending including Street Sweeping or a mechanism for collecting fees for Street Sweeping as part of the Solid Waste and Recycling Franchise Agreement. Revenue for Street Sweeping was previously included as part of the Clean Ocean Fee which requires voter approval for funding. This is an opportunity to establish a consistent revenue source to clean trash and debris from public City streets. The current Street Sweeping program requires approximately $300,000 in revenue with a total program cost of approximately $600,000 annually with $300,000 from violations.

Action: STAFF RECOMMENDS THAT the City Council:

1. Authorize the City Manager to issue CR&R a notice of termination of the automatic renewal of the Franchise Agreement prior to June 30, 2022. This will result in Franchise Agreement termination on June 30, 2024;

2. Direct City staff to:
a. Enter into negotiations with CR&R for a period not to exceed six months; and, b. If an agreement is not reached within six months, issue a Request for Proposals and solicit firms for a new solid waste and recycling Franchise Agreement; and,

3. Include an analysis for Street Sweeping services or revenue as part of recommended action 2.

Attachments: 1. Recommendations Regarding the City's Solid Waste and Franchise Agreement with CR&R prepared by MSW Consultants.

2. City of San Clemente Franchise Agreement with CR&R.

Notification: None.
6-21-22 / 10E-2
Attachment 1
Recommendation Regarding
the City's Solid Waste Franchise Agreement with CR&R
Prepared by
ln-11

CONSULTANTS
Solid Waste Consultants
to Local Government
June 7, 2022
6-21-22 I 10E-3
Page intentionally left blank
Table of Contents
1 EXECUTIVE SUMMARY ...................................................................................................................... 1 2 RECENT TRENDS IN THE SOLID WASTE INDUSTRY ...................................................... ,. ........................... 2

2.1 SB 1383- SHORT-LIVED CUMATE POtLUTANTS ............................................................................................. 2

2.2 FACTORS CREATING UPWARD PRESSURE ON OPERATING COSTS ....................................................................... 3 3 SOLID WASTE MARKET IN ORANGE COUNTY ....................................................................................... 4

3.1 HAUU:R MARK!:T SHARE AND MAJOR SOLID WASTE FACILITIES ......................................................................... 4

3.2 RECENT EVENTS AND CIRCUMSTANCES ........................................................................................................... 5

3.3 RATE COMPARISON ..................................................................................................................................... 7 4 SAN CLEMENTE'S AGREEMENT WITH CR&R ........................................................................................ 9

4.1 2010 FRANCHISE AGREEMENT .............. , ....................................................................................................... 9 5 BASIS FOR RECOMMENDATION ........................................................................................................ 11

5.1 GFNERAI. PROS AND CONS OF NEGOTIATING VS. ISSUING AN RFP ................................................................... 11

5.2 APPLICATION OF GENERAL PROS AND CONS TO THE CIW 0~ SAN CLEMENTE ..................................................... 12

5.3 CONSIDERATION OF PROS AND CONS Of GIVING NOTICE TO END AUTOMATIC EXTENSION ................................. 12 6 SUMMARY OF RECOMMENDATIONS ................................................................................................. 15 6-21-22 / 10E-5
1 Executive Summary
In March 2022, the City retained our firm to provide a recommendation to the City whether it should either:
• Enter into sole-source negotiations for a new solid waste franchise agreement with its current waste hauler, CR&R Incorporated (CR&R) or;
• Issue an RFP and solicit competitive proposals a new agreement.

In developing our recommendation, we:

1. Considered recent trends in the solid waste industry.

2. Surveyed the solid waste market in Orange County.

3. Reviewed the City's current solid waste agreement.

4. Outlined the general pros and cons of conducting sole-source negotiations vs. issuing an RFP.

5. Analyzed those pros and cons in relation to the City's current agreement.

Based on our review and analysis, we recommend that the City:
• Enter into negotiations now with CR&R, for a period not to exceed six (6) months. • In addition, prior to June 30, 2022, give CR&R a notice of termination of the automatic renewal of the term of the current franchise agreement. As a result of this action, the term of the current agreement will be set to end on June 30, 2024.

If the City does not give notice of automatic termination on or before June 30, 2022, due to provisions in the agreement, the term of the current agreement will automatically be extended for an additional year to June 30, 2025. • If the City and CR&R are not able to successfully negotiate a new agreement within six (6) months, conduct a competitive procurement process by developing and issuing an RFP to other qualified firms.

6-21-22 I 1 0E-6
2 Recent Trends in the Solid Waste Industry
The two most significant trends today in the solid waste industry in California are the implementation of SB 1383, and a combination of economic factors that are creating upward pressure on solid waste collection and recycling operating costs.

2.1 SB 1383 -Short-lived Climate Pollutants
In 2016, the State adopted SB 1383, the most significant change to solid waste handling regulations in 30 years. SB 1383 requires cities to implement programs to significantly reduce the amount of organic waste and recoverable edible food sent to landfills. The goals of SB 1383 are to reduce by 75% the amount of organic waste going to landfills by 2025, and reduce by 20% the amount of recoverable edible food that is currently landfilled.

While this new law was adopted in 2016, the final regulations that implemented the law were not finalized until November of 2020, and it did not become effective until January 2022. Although waste and recycling companies will perform many of the tasks of SB 1383, the regulatory requirements of this new law are placed squarely on the backs of local governments. SB 1383 requires local jurisdictions to:
• Amend their municipal codes to enforce the requirement that essentially all waste generators recycle their organics, including dry organics {cardboard, paper, etc.). • Ensure that their waste haulers provide organics collection service. • Estimate the amount of organic waste and recoverable edible food generated within their boundaries and provide that information to their county for facility planning purposes.
• Enhance existing edible food recovery programs to reduce the amount of recoverable edible food sent to landfills.
• Ensure that all newly constructed buildings have readily accessible space for recycling.
• Ensure that all new construction be designed with water efficient landscape. • Develop inspection and compliance review programs to ensure that waste generators fulfill the requirements of SB 1383 and the jurisdiction's municipal code.

6-21-22 I 10E-7
• Conduct periodic education and outreach to all waste generators, and specifically, generators of edible recoverable food.
• Ensure that the City's hauler performs annual route inspections to minimize contamination.
• Procure a minimum quantity of recovered organic waste products. • Prepare and submit annual compliance reports to Cal Recycle.

While SB 1383 is a major driver oft he recent increase in solid waste customer rates across the State, there are several other economic factors that are contributing to this trend.

2.2 Factors Creating Upward Pressure on Operating Costs In addition to SB 1383, a significant trend in the solid waste industry today is the conflation of economic factors that are creating upward pressure on waste hauler's operating costs, and thereby, causing increases in customer rates. These economic trends include:
• A shift in tonnage volume per unit from the commercial sector to the residential sector
• Continuing shortage of qualified truck drivers
• Continuing impact of China virtually banning the import of recyclables (China Sword)
• Supply chain constraints
• Steel prices
• Increased fuel costs
• General Inflation

6-21-22 I 1 0E-8
3 Solid Waste Market in Orange County
Our survey of the solid waste market in South County is comprised of: 1} an overview of hauler market share and major waste facilities, 2} a description of recent events and circumstances, and, 3} a comparison of current rates.

3.1 Hauler Market Share and Major Solid Waste Facilities Chart 1 below shows the current market share of waste haulers in Orange County, as well as major waste facilities. This chart shows that one hauler (Republic) has most of the market in North County, and that two haulers, CR&R and Waste Management (WM}, have all the market in South County. Chart 1 also shows that, of the three haulers with the most market share, CR&R's facility of the Ortega Highway (and its planned facility near the Prima Desheca Landfill) are the closest to the City of San Clemente of the three haulers with the most market share.

Chart 1- Waste Hauler Market Share and Major Facilities (Draft} IB-iD

CONSULTANTS

ORANGE COUNTY

WASTE HAULERS

INCORPORATEO CITIES
REPUBLIC .

CR&R -
WM.

EDCO.

VALLEY VISTA
uws .

FACILITIES
I. CVT MRF (Republic) 9. CORE Organ ics Facility (WM)

2. Rainbow Transfer (Republic) 10. CR&R South County MRF

3. Olinda Alpha Landfill (OCWR) 11. La Pata Avenue Greenwaste [OCWR)

4. Madison Mate,lals (Ware Disposal) 12. Prima Descheca Lllnctftll (OCWR}

5. Frank R, Bowerman Landfill [OCWR) 13. CR&R Recycling and Transfer [Planned)

6. Sunsot Environmontal (WM) 14. Stanton Recycling and Transfer (CR&R)

7. Tierra Verde Industries EcoCentte 15. CR&R Recyde Center

8. WM Santa Ana Operations Yard
·urnnr;crpcrnfed t:ovlers 'Shol\'11 on <i seJ:'(1ro1e map

I Copyright MSW Consul\~olS I Jutt 2011 I msw-1:onsuflants.com 6-21-22 I 1 0E-9
Table 1 below lists the operating facilities of the major waste haulers that are able to serve South County along with the distance of each facility from the City of San Clemente. This list shows that CR&R currently has the closest facility to the City (9 miles), and that its planned facility near the Prima Desheca Landfill will result in CR&R's operating facility being only 4 miles away from the City.

Table 1- Operating Facilities of Major Waste Haulers
Facility Name Hauler location Distance from
San Clemente
CVTMRF Republic In Anaheim near intersection of 57 and 91 38 Services Freeways CR&R South County CR&R Ortega Highway off of Gibby Road 9 MRF CR&R Recycling and La Pata Avenue near the Prima Desheca Transfer (Planned for CR&R Landfill 4 2024)
Sunset Environmental WM Near the intersection of Barranca and 28 Jamboree Rd. in Irvine Madison Resource WARE In Santa Ana on Fourth St. between 30 Recovery Disposal downtown and the 1-5 Freeway

3.2 Recent Events and Circumstances
Table 2 the following page describes some recent events and circumstances cities in South County related to solid waste franchise agreements. Chart 2 on the following page compares the solid waste contract expiration dates of each of the cities in South County.

6-21-22 / 10E-10
Table 2 - Recent Events and Circumstances in Orange County City fvcnt
CR&R has served the city since 2005. On November 2021 the city negotiated Aliso Viejo Amended and Restated the Franchise Agreement with CR&R. The current term of the city's 2.greement is set to end in October 20_?.!· ··- CR&R had served the city since 1996, when it acquired Solag Disposal. In 2019, the Dana Point city amended its agreement with CR&R. As a result, the current term of the city's agreement is set to end in June 2024. The city is currently in the process of negotiating amended and extended a8reement; likell bl 5 ~ears. -- WM has the exclusive right (and obligation) to serve only the single-family residential sector. Several haulers openly compete for customers in the commercial Irvine and multi-family sector. WM has served the residential sector in the city for sever,ll decades. The current term of the city's agreement is set to end in August 2026. The city is currently in negotiations with WM .

WM has served the city since 1993. The current term of the city's agreement is set Laguna Beach to end in June 2023. In May 2021, the city Council decided to begin a competitive procurement process. The city is n,ow developing an RFP.

The current term of the city' agreement with CR&R is set to end in June 2024. Lake Laguna Hills Forest and Laguna Hills are now collaboratively conducting a single competitive procurement process.

CR&R has served the city since 1996, when it acquired Solag Disposal. In 2018, the Laguna Niguel city negotiated a new agreement with CR&R. As a result, the current term of the city's agreement is set to end in December 2028.

In April 2021, with less than two years remaining on its contract, and a potential option to extend its term by 5 years, WM notified the city that it would not object Laguna Woods if the city issued an RFP. In July 2021, the City issued an RFP, and received two (2) proposals; from WM and CR&R. The city awarded the contract to CR&R in October 2021. The term of the new contract extends to 203.2.

The current term of the city's agreement with CR&R is set to end in December 20.28.

Lake Forest Lake Forest and Laguna Hills are now collaboratively conducting a single competitive procurement erocess.

Mission Viejo's city code requires the city to competitively procure waste collection every 10 years. The city issued an RFP in July 2019. City received proposals from Mission Viejo CR&R, Republic Services, and WM. CR&R and WM were shortlisted. In December 2019, city awarded an eight-year agreement to WM. As a result, the current term of the city's agreement is set to end in December 2028.

CR&R had served the city since 2004, when it was awarded the contract via a Rancho Santa competitive procurement. In October 2021, city negotiated a 5-year Amended and Margarita Restated the Franchise Agreement with CR&R. As a result, the current term of the city's agreement is set to end in June 2024. - CR&R has served the city since 1996, when it acquired Solag Disposal. In May 2019, San Juan the city conducted a limited RFI (request for information) process. Three haulers Capistrano submitted responses: CR&R, Republic, and WM. CR&R was selected. The new agreement has 10-year term with two options to extend the term by 5 years.

6-21-22 I 10E-11
Chart 2- Current South County Solid Waste Contract Expiration Dates .,IJ 1 .,J1 I :,,1 tJH ,J/1 J11, .,,a ,.'1? :oHt ,CII 101, ;c11 1 1.:11 ''• j ; I I . I I ti, J~~ ••, [, , , ., l, ....,r, l'f1 flo M" ft c,,, l.'ll J , 1-:-.: "1 ,1, '-' •__,~ 1..-, U,, I-• '•r L'<I• n, t," "-", 011 1.1 I \ 0 1,1 t \, ti I 1 r,'r.,t I \If• llo I >\(' g,1 I 1 O I , < 1 I ■ Danahlnt atyotOana tol•l il' wrnntfy 1W1eti.t1rc .,..tti U&FI. lljlu\lWoodt
hltFtrut

3.3 Rate Comparison
A comparison of customer rates for the most common levels of residential and commercial service are shown below in Chart 3 and Chart 4, respectively. The top portion of each bar in these charts reflects the portion of the rate that is retained by the city or attributable to street sweeping. The bottom portion reflects the portion that is retained by the hauler for solid waste collection service. The amounts shown in Chart 3 and Chart 4 are listed in Table 3 and Table 4 on the following page. $25.00
$20.00
$1S.OO
$10.00
$S.00
$0.00
Chart 3 - Monthly Single-family Solid Waste Rates in South County Single-family MQnthly Rate
• Hauler Portion City Fees

6-21-22 / 10E-12
$180
$160
$140
$120
$100
$80
$60
$40
$20
so
Chart 4- Monthly Commercial Solid Waste Rates in South County Comrnl!rdal Monthlv R,,tc
3-yard Bin Picked Up Once per Week
lake Fore,t Rancho
Santa
Margarita
Laguna
Woods
Aliso Viejo Laguna
Hills
Laguna
Niguel
Mission
Viejo
Dana Point San Juan San
Capistrano Clemente
■ Hauler Portion City Fees
Table 3 - Monthly Single-family Solid Waste Rates in South County City Monthly Rate
Customer Rate City Fees Hauler Portion
Laguna Woods $12.73 $0.64 $12.09
Irvine $13.01 $0.65 $12.36
Laguna Hills $15.55 $0.00 $15.55
Dana Point $16.79 $0.84 $15.95
Lake Forest $17.79 $0.89 $16.90
Aliso Viejo $19.48 $1.39 $18.09
Rancho Santa Margarita $21.09 $1.05 $20.04
Mission Viejo $21.78 $1.74 $20.04
Laguna Niguel $21.69 $1.08 $20.61
San Juan Capistrano $22.36 $1.12 $21.24
laguna Beach $22.05 $0.00 $22.05
San Clemente $23.51 $1.18 $22.33
Table 4- Monthly Commercial Solid Waste Rates in South County City Monthly Rate
Customer Rate City Fees Hauler Portion
Lake Forest $97.70 $4.89 $92.82
Rancho Santa Margarita $101.42 $5.07 $96.35
Laguna Woods $120.39 $6.02 $114.37
Aliso Viejo $126.81 $9.07 $117.74
Laguna Hills $124.10 $0.00 $124.10
Laguna Niguel $145.20 $7.26 $137.94
Mission Viejo $153.34 $12.27 $141.07
Oana Point $155.74 $11.68 $144.06
San Juan Capistrano $154.53 $7.73 $146.80
San Clemente $165.11 $17.75 $147.36
Laguna Beach $167.86 $16.79 $151.07

Laguna
Beach
6-21-22 I 10E-13
4 San Clemente's Agreement with CR&R

4.1 2010 Franchise Agreement
Under the terms of the current franchise agreement, CR&R has the exclusive right and obligation to provide waste and recyclables collection service to all of the City's singlefamily, multi-family, and commercial customers. CR&R's relationship with the City dates back to 1996 when CR&R acquired the City's then long-time hauler, Solag Disposal.

Term of the 2010 Agreement
The City's current Agreement with CR&R was negotiated in 2010. The initial term of the current Agreement was for an eleven and one half (11 ½) year term through June 30, 2022. The Agreement provides that, beginning on July 1, 2020, the term of the Agreement is to be automatically extended each year on July 1st for an additional year. The term of the Agreement will continue to be extended each year unless either the City or CR&R notifies the other party prior to June 30th of any year of its intent to end the term of the Agreement.

As a result, if neither party notifies the other, the Agreement will continually have a remaining term of between two and three years. As of the date of this letter, the remaining term of the Agreement extends to June 30, 2024. If neither the City or CR&R notifies the other party of its intent to end the term by June 30, 2022, the term of the Agreement will automatically extend for another year to June 30, 2025.

The 2016 Amendment
Also in 2016, the City amended its Agreement with CR&R to direct the company to transport organic waste collected in the City to CR&R's anaerobic digestion facility (AD facility) in the City of Perris. As a result of redirecting its organic waste away from landfills and to CR&R' s AD facility, the City's organic waste collection program is in compliance with SB 1383.

The 2021 Amendment
Although 2016 amendment to the Agreement enabled the City to comply with much of SB 1383, the SB 1383 regulations that were promulgated in November 2020 included some requirements that are not addressed in the City's current Agreement with CR&R. These additional requirements include waste characterizations, route reviews, and edible food recovery programs.

Favorable Diversion Rates Compared to Cal Recycle Targets During CR&R's tenure, the City has met its AB 939 waste diversion requirements. AB 939 requires that cities implement waste reduction and recycling programs such that the amount of

6-21-22 / 10E-14
landfilled waste originating in the city does not exceed a certain maximum allowable amount.

The actual and maximum allowable amounts are expressed in the average disposal per person per day.

From 2007 through 2019 (the most recent year that disposal data is available), the City's average actual disposal per person per day has been below the maximum allowable amount set by Cal Recycle. This is shown below in Chart 5.

Chart 5- Actual Per Capital Disposal Compared to Maximum Allowed Rate

8.0 7.0

6.0 5.0

4.0 3.0

2.0 1.0

0.0 Actual Per Capita Disposal Rate Compared to Maximum Allowed Disposal Rate (Pounds per Person per Day)
2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 - Actual Per Capita Disposal Rate Per Resident - Maximum Allowed Per Resident Disposal Rate Recent Service Issues
According to City staff, CR&R has a history of providing high quality service. However, in the last two years, the City has received many more complaints about CR&R's service than in previous years. These complaints have been primarily about spillage, missed pickups, and improperly commingling recyclables in the same truck as regular trash (which defeats the purpose recycling). The City is in frequent communication with CR&R about service complaints, and CR&R has represented that it is working to improve service and significantly reduce the number of complaints.

Based on City staff conversations with other cities that have other waste haulers, the increase in complaints do not seem to be unique to the City of San Clemente. City staff expects that CR&R will be able to improve service quality to what it was in the past.

6-21-22 / 10E-15
5 Basis for Recommendation
To develop our recommendation, we: 1} considered the general pros and cons of sole source negotiation verses a competitive procurement, 2) applied these general pros and cons to the specific circumstances of the City of San Clemente, and, 3) considered the advantages and disadvantages of providing CR&R with notice to terminate the automatic extension.

5.1 General Pros and Cons of Negotiating vs. Issuing an RFP Table 4 below lists the advantages of negotiating vs. the advantages of soliciting competitive proposals that would generally apply to any jurisdiction.

Table 5- Solid Waste Agreement Negotiate vs. Competitive Procurement Adv,mt.1ge!> of N!!t:Oti,1tinr, with lncum!wnt M,1ulPr Ad•1,lll!,1ge\ of Soliciting Competitive Propos.1ls •
•
If there is adequate time remam1ng on the •
current contract term, allows the City to
subsequently issue an RFP if the negotiations •
are not successful.

Avoids the risk of problems arising from the •
transition to a new service provider (e.g.,
changed pickup days, a new hauler will not be
familiar with the City's unique service
requirements, etc.).

Avoids the problems that may occur if the City •
receives a 'low-ball' bid; avoids the risk of
creating a high-profile and controversial •
contractor selection process. •
• Allows the City to achieve much of the same
assurances that it has obtained a fair deal by
comparing its rates, services and terms to those
in nearby jurisdictions.
from SC'vc>ral liaulrrs
Provides more assurance that City has obtained
the greatest value.

Provides more assurance to the public that
contractor was selected in a fair manner.

City benefits from the technical creativity of
several firms in identifying a menu of program
and service options to achieve the waste
diversion requirements.

Allows the City to choose from several haulers.

Allows the City to 'mix 'n match' features from
multiple proposals.

May require more City Council and staff time.

Provides opportunity for Council members to
learn about solid waste issues.
• May require less City Council and staff time. ___ .___,_ _______________________________ -I Bottom line: Bottom line:

More appropriate when City is already meeting its More appropriate when City is not meeting its solid solid waste program objectives: waste program objectives:
• Hauler provides high quality, reliable service; • City is less satisfied with hauler, or and, • Rates are higher than nearby, comparable
• Rates are reasonable; and, jurisdictions; or,
• City meeting diversion mandates; and, • City not meeting diversion goals; or, • Scope of services will not change. • City intends to make significant changes to the scope of services.

6-21-22 / 10E-16

5.2 Application of General Pros and Cons to the City of San Clemente Reasons to renegotiate with CR&R:
• According to City staff, CR&R has a history of providing high-quality service.

Although CR&R has had some recent services issues, these appear to be related to COVID-19 and other challenging industry trends. Based on staff discussions with other jurisdictions, other solid waste haulers in other cities have experienced similar service issues. CR&R's history of providing high-quality service (and CR&R's professed intention to regain its reputation for delivering high-quality service) helps to justify entering into negotiations with CR&R for a new agreement. • The City does not intend to make significant changes to the scope of services. The 2016 amendment provided for the organics collection services needed to comply with SB 1383, and the 2021 amendment to CR&R's agreement addressed many of the scope requirements of SB 1383. As a result, the City does not need to make any significant changes to the scope of the agreement.
• The City is meeting its diversion mandates. As shown above in Chart 5, the City has been meeting its waste diversion targets. CalRecycle has recently requested the City to prepare a Formal Plan due to low participation rates among its commercial businesses. However, this is primarily due to businesses in the City electing to not recycle.

Reason to conduct a competitive procurement:
• The City's rates are higher than other cities in South County.

5.3 Consideration of Pros and Cons of Giving Notice to End Automatic Extension Reasons to not give notice:
• There is some risk to the City of terminating the automatic extension and setting in motion a negotiation/procurement process. If the City and CR&R are not able negotiate an agreement, and the City issues an RFP, the City may undertake curtained risks. Other haulers may perceive that CR&R (as the incumbent and with facilities that are closest to the City) has a competitive advantage. There may be a risk that the City does not receive adequate competitive proposals in response to the RFP. There is a risk that other haulers may not offer competitive rates due to their relatively higher operating costs due to their distance from the City. There is also a risk that the rates bid by CR&R in response to an RFP might be higher than those that the City might otherwise be able to negotiate.