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 Bose 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:
7-19-22 I BA-107
• Customers enrolled in April 2024
• 10% of eligible customers would opt-out
• Current CEA rates
• Current Forward Price Curve of Energy
ATTACHMENT 5
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 wou Id 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 £,cpansion (in $MM) City of Oceanside FYE 20241 FYE 2025 I FYE 2026
: Revenue $9.86 $53.SS $S3.82
Power Supply Costs -$8.88 I_ -$S0.54 -$49.50
Staffing -$0.17 -$0.17 -$0.17
Billing and Other Costs -$0.48 -$1.43 -$1.44
Net Operating Margin $0.3S $1.42 $2.72
5% Reserve Contribution $0A9 $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 £,cpansion (in $MM) City of San Clemente r -i- FYE 202421 FYE 2025 FYE 2026 -
Revenue * $4.45 I $23.83 $23.95
Power Supply Costs -$3.99 _, _ _222.40 -$21.94 i Staffing __ -$0.08 _ _____1_0.08 -$0.08 Billing and Other Costs -$0.15 -$0.59 -$0.59
$0.24 $0.75 $1.34
5% Reserve Contribution $0.22 $1.19 $1.20
I 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 7-19-22 / 8A-108
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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 contribution. Fiscal years 2024 and 2026 projects sufficient revenue to cover all costs and the 5% operating reserve contribution.
Incremental Net Margins from Expansion (in $MM) City of Vista FYE 202431 FYE 2025 FYE 2026
Revenue $6.19 _132.96 $33.12 -
r=-
Power Supply Costs -$5.62 I -$31: 49 -$30.85 -- - - Staffing -$0.11 -~ -$0.11 -$0.11 Billing and Other Costs -$0.21 -$0.74 -$0.74
I Net Operating Margin $0.26 $0.62 $1.43
I 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 Op~rating Marg,_in _ __,,_~ ____ $0.85 $2.79 $5.48 -~----~ 5% Reserve Contribution $1.03 $5.52 $5.54
Reserve Shortfall/Excess -$0.18 --'-$2_. 7_2 __ 1_ -$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 3 41 Reflects partial year of service for fiscal year ending June 30, 2024, with enrollments assumed to commence on April 1, 2024.
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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 o final/definitive determination regarding the expansion itself This is not unlike the challenges CEA (or any Community Choice Aqgregator) 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 tong-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 rn 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 compiiance. 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. 7-19-22 / BA-110
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&F
% 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
SOG&E
31%
Renewable
$ 49 .86
$ -
$ -
$ 49 .86
s 73 .08
$ 122.94
SDG&E
31%
Renewable
$ 60.94
s -
$ -
s 60.94
$ 89.32
$ 150.27
CEA
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May 26, 2022
Assessment Report
CEA
CEA Clean Impact Green
50% Plus Impact
Renewable 75%Carbon 100%
Clean Impact
s
s
s
s
s
$
$
35.80 s
- $
9.73 s
45.53 s
73 .08 $
118.61 $
(4.33} $
-3.52%
Free Renewable
35 .80 $
0.32 $
9.73 $
45.85 $
73 .08 $
118.93 $
(4.01) $
-3.26%
~
CEA
35.80 2.43
9.73 47.96
73.08 121.04
(1.90)
-1.55%
CEA
CEA Clean Impact Green
50% Plus Impact
Renewable 75%Carbon 100%
Clean Impact
s
$
s
s
s
$
$
43.75 s
- $
11.90 s
55.65 $
89.32 s
144.97 $
(5.29} $
-3.52%
Free Renewable -
43 .75 $
0.40 $
11.90 $
56.05 $
89.32 $
145.37 $
(4 .89) $
-3.26%
43.75 2.97
11.90 58.62
89.32 147.94
(2.32}
-1.55%
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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
S Savings to S0G&E
%Savings to SDG&E
-
SDG&E
31%
Renewable
s 52.63
$ -
$ -
s 52.63
$ 77.14 -
$ 129.77
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Assessment Report
CEA CEA
CEA Clean Impact Green
50% Plus Impact
Renewable 75%Carbon 100%
Clean Impact
s
$
$
s
s
$
$
37.79 s
- s
11.90 $
49.69 s
77.14 s
126.83 $
(2.95) $
-2.27%
Free Renewable
37.79 $
0.34 $
11.90 s
50.03 s
77.14 s
127.17 s
(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 I 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) I ($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 assessment 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.
~
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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 5
May 26, 2022
Assessment Report
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 7-19-22 I SA-113
ATTACHMENT 5
Clean Energy Alliance New Membership Assessment
Cities of Oceanside, San Clemente, and Vista
May 2022
SUMMARY
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) Revenue
Power Costs
Staffing
Other Costs
Subtotal: Operating Margin
Reserves (targeted)
Net Deficit
FYE 20242
$20.51
-$18.48
-$0.35
-$0.83
$0.85
-$1.03
-$0.18
FYE 2025
$110.34
$104.43
-$0.35
-$2.76
$2.79
-$5.52
-$2.72
FYE 2026
$110.89
-$102.29
-$0.35
-$2.77
$5.48
-$5.54
-$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.
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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. 3
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 l: 1021 Cities' Electric Data
Classification Accounts Annual Energy (MWh) Monthly Per Account (kWh) Residential 132,398 549,373 346
Com mercia 1/1 ndustria I 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
'f Peak Demand (MWI - - ~-ii ...... ·- __. 256 - I
-- - - I - - -.,- ~ ~ --_1 - I - - I
*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 1 2020 data were excluded due to customer usage anomalies introduced by the Covid-19 pandemic. • 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 "opt-out").
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ATTACHMENT 5
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 Dato - 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
I
-
As illustrated in Figures 1 and 2 below, electricity usage within the Cities shows slightly less seasonality relative to the current CEA customer base, with a flatter shape of overall consumption across the 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 ,: l
,•.a t ~ I I " (.1 J. 1J J• f ■
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ATTACHMENT 5
Figure 2: 12-Month Hourly Load Profile (kW) of CEA's Current Customer Base
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 sales of 1,070 GWh, or approximately 74% relative to pre-2024 expansion sales. In order to quantify 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 the next two fiscal years following expanded service, i.e., the period beginning April 1, 2024, through June 30, 2026, were analyzed to determine likely fiscal impacts over a multi-year planning period.
The incremental revenue surplus - based on the difference between projected revenues and costs directly related to the 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.
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ATTACHMENT 5
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 2024~ 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 s Reflects partial year of service for fiscal year ending June 20, 2024, with enrollments assumed to commence on April 1, 2024.
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(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 margin outcomes is wide, ranging from negative $9 million to positive $17 million.
Figure 3. Net Surplu, Sensitivity to Changes is Power Prices Change in Operating Margin
$20.0
$15.0
$10.0
$ .. 5
2 $5.0 $ .8
2 sis ¼ $0.0 l
2024 2 25 2 6
-$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 the 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. 7-19-22 I 8A-119
ATTACHMENT 5
Table 5: Summary of Resources Needed to Serve the Cities Product Quantity Units Notes ··- ~- -·- Renewable 630GWh GWh Per Approx. half must be from long-term commitments (>= 10 Energy Year years) per RPS rules
Other llOto GWh Per Higher end of range would be needed to offset emissions Carbon 200GWh Year attributed to PCC2 renewable energy products; lower use Free of PCC2 products will reduce need for Other Carbon Free volumes
Resource 19SMW 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
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ATTACHMENT 5
Current CEA Membership Plus the Cities
Compliance 2021 2022 2023 2024 Total Period 4
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 143 255 523 992 1,913 (GWh)
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 7-19-22 I 8A-121
ATTACHMENT 5
not commence operation until the 2025 or 2026 calendar years (if CEA waited until it received the CPUC'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 long term 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 customers to CEA. 7-19-22 I BA-122
Department:
Prepared By:
Subject:
AGENDA REPORT
SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: July 19, 2022
City Manager
Jennifer Savage, Assistant to the City Manager
Agenda Item \QA
Approvals:
City Manager ~ ·1:J
Dept. Head --- Attorney a]":
Finance~
UPDATE OF LEGISLATIVE AND TRANSPORTATION 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 through July 12, 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, 78 bills remain on the tracking list, 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 through July 12, 2022.
Discussion:
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.
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. • 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
7-19-22 I 10A-1
Agenda Report
Plan and Policy
Page2
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.
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 - July 12, 2022
2. Summary of Transportation Advocacy activities, March 2022 - May 2022 Notification: None
7-19-22 I 10A-2
(
Memorandum
TO: Erik Sund
Jennifer Savage
FR: Marc Aprea
DT: July 13, 2022
RE: Quarterly Action Report -March 1, 2022 - July 12, 2022 City of San Clemente Bill File
ATTACHMENT 1
On June 13, 2022, the Legislature approved the FY 2022-23 Budget Bill. Like last year, while a "balanced budget" was adopted by the June 15, 2022 constitutional deadline, many details still need to be agreed upon in August 2022.
June 30, 2022, was the last day for a legislative measure to qualify for the November 8, 2022 General Election ballot. This requires sufficient signatures or a 2/3 vote of both houses of the Legislature. The governor does not need to approve such a legislative measure. (You will find a brief summary of the seven measures on the 2022 State Ballot at the end of this report.) On June 30, 2022, the Legislature approved 27 Budget Trailer Bills. The Governor signed those measures later that day.
July 1, 2022, was the last day for policy committees to meet and report bills in the second house.
The Summer Recess began upon adjournment of the Legislature on July I, 2022.
August I, 2022, the Legislature reconvenes from Summer Recess.
August 12, 2022, is the last day for fiscal committees to meet and report bills.
August 15 - 31, 2022, is Floor Session only. No committee may meet for any purpose except when a 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.
September 30, 2022, is the last day for Governor Newsom 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.
7-19-22 I 10A-3
ATTACHMENT 1
Attached is the City of San Clemente Bill File providing the title, summary and status of each of the 78 measures we are following on behalf of the city. Since last quarter's report, 12 of the 90 measures in which we were engaged or monitoring have died.
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. All 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 measure.
On Thursday, May 26, 2022, the Senate approved SB 1224 on a vote of 38 Aye, 2 Not Voting/ Absent.
On Tuesday, June 28, 2022, the measure was approved by the Assembly Water, Parks and Wildlife Committee on a vote of 14 Aye, 0 No 1 Not Voting/Absent.
As you may recall, this measure was developed by Senator Bates and her staff, to appropriate funds 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 supported 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 Thursday June 16, 2022.
The measure is now before the Assembly Appropriations Committee. It is set for hearing on Wednesday, August 3, 2022.
2022-23 State Budget
On Wednesday, June 8, 2022, SB 154, the Budget Act for Fiscal Year 2022-23 came into print. It is nearly I, I 00 pages. Both the Senate and the Assembly approved this measure on Monday June 13, 2022.
The 2022-23 budget includes total spending of just 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 $2 1 billion General Fund (in addition to associated federal and special funds) over multiple years, with details subject to ongoing negotiations. The Plan is expected to include items related 7-19-22 / 10A-4
ATTACHMENT 1
to the following 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 appropriation that Senator Bates is seeking funding in August 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 pe1fonn 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 I 00% 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 would 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 prope1ties.
The City of San Clemente sent a letter of opposition on May 31, 2022. On behalf of the City of San Clemente we are working in concert with the League of California Cities to oppose the measure.
The measure was double referred to both the Senate Housing Committee and to the Senate Governance & Finance Committee. The Senate Housing Committee approved the measure on June 21, 2022 on a vote of 6 Aye, 1 No and 2 Not voting.
The measure was approved by the Senate Governance & Finance Committee on June 28, 2022, on a vote of 5 Aye, 0 No. The Chair of the Senate Governance & Finance Committee, Anna Caballero CD-Merced), has a competing bill SB 6. She urged AB 2011 to be approved to allow the opportunity to negotiate a compromise between AB 2011 and SB 6.
AB 201 1 is now before the Senate Appropriations Committee and set for hearing on Monday, August 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 I 0, 2022. 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 I and class 2 electric bicycles on these facilities. AB 1909 bill would remove the prohibition of 7-19-22 I 10A-5
ATTACHMENT 1
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, hiking, or recreational trail.
On June 14, 2022, the measure was approved by the Senate Transp01tation Committee on a vote of 12 Aye, 1 No, and 4 Abstained/Not Voting. Senator Bates was among the Members who abstained.
The bill was re-referred to the Senate Appropriations Committee. On June 27, 2022, the Chair of the Senate Appropriations Committee, Anthony Portantino (D-La Canada/Flintridge), determined pursuant to Rule 28.8 that any state costs of the bill are not significant, and the measure was sent directly to the Senate Floor for Second Reading without a hearing in his committee.
It is now on the Senate Floor. It could be taken up for a vote as soon as Monday, August I, 2022 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) Electric bicycles: safety and training program.
As you may recall, this bill requires the California Highway Patrol (CHP) to develop, on or before September I, 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 pe1taining to ebikes. The bill further requires the safety and training programs to be developed in collaboration with relevant stakeholders and to be posted on CHP's website by September I, 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 bill was re-referred to the Senate Appropriations Committee. On June 27, 2022, the Chair of the Senate Appropriations Committee, Anthony Portantino (D-La Canada/Flintridge), determined pursuant to Rule 28.8 that any state costs of the bill are not significant, and the measure was sent directly to the Senate Floor. It was placed on the Senate Consent Calendar and approved by the Senate on June 30 on a vote of 37 Aye, 0 No.
It is now in the Assembly, awaiting a vote of concurrence on Senate amendments.
The City of San Clemente submitted letters of support throughout the legislative process, most recently on June 15, 2022.
AB 2177 (Irwin) Coastal recreation: designated state surfing reserves.
As you may recall, AB 2177 would require, on or before July I, 2023, the State Coastal Conservancy to establish criteria and an application process for purposes of designating an area 7-19-22 I 10A-6
ATTACHMENT 1
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 government to include in its application, among other things, a description of the proposed surfing reserve. The bi II 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 subject 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 first 18 months and one Conservancy Project Development Specialist in an ongoing role to suppo1i the program), as well as ongoing annual costs of approximately $250,000 to support the program and cover any associated travel costs. The Committee analysis fu1iher stated that additional costs of an unknown amount, potentially in the hundreds of thousands of dollars, to contract with an outside technical expett 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 measure is now dead. As such, we have removed this measure from the City of San Clemente Bill File.
ACR 116 (Nguyen) California Surfing Day
As you may recall, Assembly Concurrent Resolution 1 I 6, 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 spOLt 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.
The City of San Clemente sent a letter of support to Assemblymember Nguyen on April 14, 2022.
On June 23, 2022, ACR l I 6 was amended. These amendments are not substantial and did not change the City's support position.
7-19-22 / 10A-7
ATTACHMENT 1
The measure was heard by the Assembly Rules Committee on June 30, 2022 and was approved on a vote of7 Aye, 0 No and 4 Not Voting. The City of San Clemente was the only suppotter of the measure. There was no opposition.
This measure is now on the Assembly Floor. It is eligible to be taken up for a vote as early as Monday, August I, 2022.
Monitored and Reported on Political, Legislative and Administration Activity that may impact the Citv 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 Election. 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 directly 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. There are seven measures that did qualify for the 2022 State Ballot and are described below.
Initiative Affecting the Ability of Local Agencies to Raise Taxes 21-0042 - "The Taxpayer Protection and Government Accountability 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 currently do for special taxes, along with the already required majority vote from 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. lt 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 govemments were able to raise taxes, and thus, revenue. Would provide for government accountability 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 measure also seeks to define and specify what State and Local Tax revenues can be used for. The LAO estimates that th is 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 until 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 2022 ballot, neutralizing for this campaign cycle what would have been a fiercely contested and highly expensive campaign. Spokesperson 7-19-22 I 10A-8
ATTACHMENT 1
Michael Bustamante said suppo1ters were preparing to pursue the measure in two years. "Making the decision today to move forward to the 2024 election will allow us to finish the job and enable voters to have their voices heard," Bustamante said. The statewide ballot initiative, spearheaded by the California Business Roundtable, 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 Authority
21-0016Al - 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: (1) the California Coastal Act of 1976; (2) siting of power plants; or (3) development of water, communication, or transpo1tation infrastructure 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 future decisions by the cities and counties and therefore are unknown.
Status: The measure was withdrawn from gathering signatures on April 27, 2022.
Measures that did qualify for the November 2022 State Ballot The following seven measures have qualified and have official Proposition designations:
• Proposition 1 - REPRODUCTIVE FREEDOM.
-Will amend the CA Constitution to prohibit the state from denying or interfering with an individual's reproductive freedom. (The Legislature passed, and the Governor signed into law, Senate Bill 131, that designated Senate Constitutional Amendment 10 (Atkins) as Proposition I on the November 8, 2022, ballot. All other qualified measures resume their number sequencing from the previous ballot.)
• Proposition 26-AUTHORIZES NEW TYPES OF GAMBLING.
-Will authorize roulette, dice games, and sports wagering to take place on federally recognized tribal lands. Sponsored by CA Indian Tribes: Pechanga, Sycuan, Barona, Yocha Dehe, Aqua Caliente, and Graton Rancheria.
• Proposition 27 - ALLOWS ONLINE AND MOBILE SPORTS WAGERING. -Will authorize online sp01ts gambling. Sponsored by DraftKings and FanDuel.
Proposition 28- PROVIDES ADDITIONAL FUNDING FOR ARTS AND MUSIC EDUCATION IN PUBLIC SCHOOLS.
7-19-22 / 10A-9
ATTACHMENT 1
-Will provide additional funding for arts and music education in all K- 12 public schools by annually allocating 1 % of the General Fund to this program. Sponsored by Fender Musical Instruments, Austin Beutner, Monica Rosenthal, and Steven Ballmer. • Proposition 29 - REQUIRES ON-SITE LICENSED lvrEDICAL PROFESSIONAL AT KIDNEY DIALYS[S CLINICS AND ESTABLISHES OTHER STATE REQUIREMENTS. -Will require a licensed medical professional to be on-site at licensed kidney dialysis clinics.
Sponsored by SEIU and United Healthcare Workers.
Proposition 30 - PROVIDES FUNDING FOR PROGRAMS TO REDUCE
GREENHOUSE GAS EMISSIONS BY INCREASING TAX ON PERSONAL INCOME OVER $2 MILLION.
-Will provide fonding for wildfires, electric vehicles and EV infrastructure by increasing the tax on personal income over $2 million. Sponsored by Lyft, Calfire, CA Environmental Voters, and the State Association of Electrical Workers.
• Proposition 31 - REFERENDUM CHALLENGING A 2020 LAW PROHIBITING RETAIL SALE OF CERTAIN FLAVORED TOBACCO PRODUCTS.
-Will challenge the 2020 Jaw that prohibits the retail sale of certain flavored tobacco products.
Sponsored by Philip Morris and RJ Reynolds.
###
7-19-22 I 10A-1 0
AB 500
AB 989
San Clemente Bill Tracking
7/13/2022
1 ATTACHMENT 1
(Ward D) Local planning: coastal development: streamlined permitting.
Introduced: 2/9/2021
Last Amend: 8/31/2021
location: 9/10/2021-S. 2 YEAR
Summary: The Coastal Act generally requires each local government lying, in whole or in part, within the coastal zone t o prepare a local coastal program for that portion of the coastal zone within its jurisdiction. Ths bill would require a local government lying, in whole or in part, within the coastal zone that has a certified land use plan or a fully certified local coastal program to adopt, by January 1, 2024, an amendment to that plan or program, as applicable, specifying streamlined permitting procedures in nonhazardous zones for the approval of (1) accessory dwelling units or 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, the 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-S. 2 YEAR
Summary: The Housing Accountability Act prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, specified housing development projects, including projects for very low, low-, or moderate-income households and projects for emergency shelters that comply with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time the application for the proj ect 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 direct or 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
Location: 6/13/2022-S, APPR. SUSPENSE FILE
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one. . __
Summary: The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside 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 fina l regional housing plan adopted by a council of governments, or a delegate subregion, as appl icable, be based on a methodology that includes specified factors, and similarly requires that the department take into consideration specified factors in distributing regiona l housing need, as provided.
7-19-22 / 10A-11
ATTACHMENT 1
Commencing January 1, 2025, this bill would require that a council of governments, a delegat e subregion, or the department, as applicable, additionally consider among these factors emergency evacuation r oute capacity, wildfire risk, sea level rise, and other impacts caused by climate change.
Organization
San Clemente
Position
Watch
Priority
1 Assigned
Marc Aprea
AB 1551 (Santiago D) Planning and zoning: development bonuses: mixed-use projects.
Introduced: 2/19/2021
Last Amend: 1/13/2022
location: 6/22/2022-S. APPR.
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. E II d V t d Ch t d 1st House 2nd House Cone. nro e e oe ap ere
Summary: The Density Bonus Law requires a city or county to provide a developer that proposes a housing development within the city or county with a density bonus and other Incentives or concessions, as specified, if the developer agrees to construct specified percentages of units for lower income, very low income, or senior citizen housing, among other things, and meets other requirements. Previously existing law, until January 1, 2022, required a city, county, or city and county to grant a commercial developer a development bonus, as specified, when an applicant for approval of a commercial development had entered into an agreement for partnered housin g with an affordable housing developer to contribute affordable housing through a joint proj ect or 2 separate projects encompassing affordable housing. This bill would reenact the above-described provisions regarding the granting of development bonuses to certain projects. The bill would require a city or county to annually submit t o the Department of Housing and Community Development information describing an approved commercial development bonus. The bill would repeal these provisions on January 1, 2028.
Organization
San Clemente
Position
Watch
AB 1883 (Quirk-Silva D) Public restrooms.
Introduced: 2/8/2022
Last Amend: 6/23/2022
locaUon: 6/22/2022-S. APPR.
Priority
1 Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: Would require each local government, as defined, to complet e an Inventory of public restrooms owned and maintained by the local government, either directly or by con.tract, that are available to the general population in its jurisdiction. The bill would require local g9vernments to report their findings to the State Department of Public Health, which would be required to compile the information and to make the inventory available in a searchable database on Its internet website, as specified. The bill would require the database to be updated quarterly. The bill would require the department t o conduct educational outreach to the general public and homelessness service providers that the database is available on Its internet website. The bill would repeal its provisions on January 1, 2027.
Organization
San Clemente
Position
Watch
Priority
1 AB 1909 (Friedman D) Vehicles: bicycle omnibus bill.
Introduced: 2/9/2022
last Amend: 6/30/2022
Location: 6/30/2022-S. SECOND READING
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.
Summary: Existing law generally regulates the operation of bicycles upon a highway. A violation of these provisions, generally, Is punishable as an infraction.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 recreat ional trai l .This bill contains other related provisions and other existing laws.
Organization Position Priority Assigned
San Clemente Watch 1 Marc Aprea
AB 1946 (Boerner Horvath D) Electric bicycles: safety and training program.
Introduced: 2/10/2022
Last Amend: 6/6/2022
location: 6/30/2022-A. CONCURRENCE
7-19-22 I 10A-1 2
ATTACHMENT 1
Desk Polic Fiscal Floor Desk Poli Fiscal Floor Conf. Enrolled Vetoed Ch 1st House 2nd House Cone. aptered
Summary: The Protected Bi keways Act of 2014 provides that the state's bicycle programs have not been fully developed or funded. Existing law establishes the Department of t he California Highway Patrol within the Transportation Agency. This bill would require the department to develop, on or before September 1, 2023, statewide safety 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 wou ld 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, Introduced: 2/14/2022
Last Amend: 6/23/2022
Location: 6/30/2022-S. APPR.
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.
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 t hese development projects to one of 2 streamlined, m inisterial review processes. The bill would require a development proponent for a housing development project approved pursuant to the streamlined, ministerial review process to require, in contracts with construction contractors, that certain wage and labor standards will be met, including a requirement t hat all construction workers be paid at least the general prevailing rate of wages, as specified. The bi ll would require a development proponent to certify to the local government that those standards will be met in project construction . By expanding the crime of perjury, the bill would impose a state-mandated local program.
Organization Position Priority Assigned
San Clemente Oppose 1 Marc Aprea
Notes: Letter of Opposition Sent 5.31. Will Submit to Committee(s) Upon Referral from Rules.
AB 2048 (Santiago D) Solid waste: franchise agreements: database.
Introduced: 2/14/2022
Last Amend: 6/9/2022
Location: 6/21/2022-S. THIRD READING
Desk Polle Fiscal Floor Desk Polle Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one. _
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 to those posted franchise agreements. The bill would require the department to create and maintain a publicly accessible database that provides direct electronic links t o the posted 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
Location: 6/23/2022-S. APPR.
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. 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 st andards within the state. Current law, the California Occupational Safety and Health Act of 1973, requires employers t o 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 enfor cing occupational safety and health standards, to be prominently posted at or near each place a
7-19-22 I 10A-13
ATTACHMENT 1
violation referred to in the citation or order occurred, in accordance with specified timeframes and procedures. This bi ll 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: 6/23/2022
Location: 6/22/2022-S. APPR.
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vet oed 1st Hou se 2nd House Cone. Chaptered
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 mandatory elements, a land use element, and a conservation element. Current law also permits variances to be granted from the parking requirements of a zoning ordinance for nonresidential development if the variance will be an incentive to the development and the va riance will facilitate access to the development by patrons of public transit facilities. This bill would prohibit a public agency, in a county with a population of 600,000 or more, from imposing or enforcing a minimum automobile parking requirement, on any of specified residential, commercial, or other development types if the project is located within 1/2 mile of public transit, as defined. The bill would also prohibit a public agency, in a county with a population of less than 600,000, and a city with a population of 75,000 or more, from imposing or enforcing a minimum automobile parking requirement on specified residential, commercial, or other development types if the project Is located within 1/4 mile of public transit. For a city with a population of less than 75,000, or a county with a population of less than 600,000, the bill would authorize that city or county to adopt an ordinance or resolution that applies certain prohibitions regarding the above-described parking requirements within its boundaries.
When a project provides parking voluntarily, the bill would authorize a public agency to impose specified requirements on the voluntary parking.
Organization
San Clemente
Position
Watch
Priority
1 AB 2114 (Kalra D) California Pocket Forest Initiative.
Introduced: 2/14/2022
Last Amend: 6/6/2022
Location: 6/20/2022-S. APPR. SUSPENSE FILE
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf.
lst Ho use znd House Cone. Enrolled Vet oed Chaptered
Summary: Wou ld establish the California Pocket Forest Initiative, administered by the Department of Forestry and Fire Protection in conjunction with the California Urban Forestry Act of 1978. Upon an appropriation by the Legislature, the bill would authorize the department t o 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 communities that lack publicly accessible green space for these grants. The bill would require the department to partner with one or more academic Institutions to t est, and submit a report on or before January 1, 2029, to 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 Aprea
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. E II d V t d 1st Ho use 2nd House Cone. nro e e oe Chaptered
Summary: The Cal ifornia Coastal Act of 1976 requires any person wishing to perform or undertake any development in the coastal zone, as defined, in addition to obtaining any other permit required by law from any local government or from any state, regional, or local agency, to obtain a coastal development permit, as provided. The act further provides for the certificat ion 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
7-19-22 / 10A-14
ATTACHMENT 1
requires a local government, if it has been delegated authority to issue coastal development permits, to recover any costs incurred from fees charged to individual permit applicants. Current law authorizes the local government t o elect to not levy fees, as provided. This bill would, at the request of an applicant, as defined, for a coastal development permit, authorize a city or county to waive or reduce the permit fee for specified projects. The bill would authorize the applicant, if a city or county rejects a fee waiver or fee reduction request, to submit the coastal development permit application directly to the commission.
Organization
San Clemente
Position
Watch
Priority
1 AB 22 21 (Quirk-Silva D) Accessory dwelling units.
I ntroduced: 2/15/2022
Last Amend: 6/6/2022
Location: 6/30/ 2022-S. APPR.
Assigned
Marc Aprea
Desk Polle Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. 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 to be either attached 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 that is detached from the proposed or existing primary dwelling may include a detached garage.
Organization
San Clemente
Position
Watch
Priority
1 Assigned
Marc Aprea
AB 2234 ( Rivas. Robert D) Planning and zoning: housing: postentitlement phase permits.
Introduced: 2/15/2022
Last Amend: 6/23/2022
Location: 6/ 22/2022-S. APPR.
Desk Poli Fiscal Floor Desk Poli Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: 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 for at least 5 types of housing development projects In the jurisdiction, as specified, and to make those items available to all applicants for these permits no later than January 1, 2024. The bill would define "local agency" for these purposes to mean a city, county, or city and county.
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: 6/23/2022
Location: 6/22/2022-S. APPR.
Desk Polic Fiscal Floor Desk Poli Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.
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 that meets these requirements consistent, com pliant, and In conformity with local development standards, zoning codes or maps, and the general plan. The bill, am ong other things, would authorize the land used for the development of the housing development to be jointly used or jointly occupied by the local educational agency and any other party, subject to specified requirements. The bill would exempt a housing development project subject to these provisions from various requirements regarding the disposal of surplus land. The bill would make these provisions effective on January 1, 2024, except that the bill would require the Department of Housing and Community Development to provide a specified notice to the planning agency of each county and city on or before January 31, 2023. 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
7-19-22 / 10A-15
areas: parking standards: definitions.
Introduced: 2/16/2022
Last Amend: 5/2/2022
Location: 6/30/2022-S. APPR.
ATTACHMENT 1
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: The Density Bonus Law requires a city or county to provide a developer that proposes a housing development within the city or county with a density bonus and other Incentives or concessions, as specified, if the developer agrees to construct specified percentages of units for lower income, very low income, or senior citizen housing, among other things, and meets other requirements. Current law requires that an applicant agree to, and the city, county, or city and county ensure, the continued affordability of all very low and low-income rental units that qualified the applicant for a density bonus, as provided. Current law, for developments where 100% of all units are for lower income households, except as provided, requires that rent for 20% of the 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 t hat 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 t he rent for the remaining units in the development be set at an amount consistent with t he maximum rent levels for lower income households, as those rents and incomes are determined by CTCAC.
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: 6/20/2022
Location: 6/28/2022-S. THIRD READING
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.
Summary: The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city that includes a housing element. Current law requires that the housing element identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and make adequate provision for the existing and projected needs of all economic segments of a community. Current law also requires that the housing element include an analysis of potential and actual governmental constraints upon the maintenance, Improvement, or development of housing for all income levels. This bill would revise the requirements of the housing element, as described above, in connection wit h zoning designations that allow residential use, including mixed use, where emergency shelters are allowed as a permitted use wit hout a conditional use or other discretionary permit. The bill would delete language regarding emergency shelter standards structured in relation to residential and commercial developments and Instead require that emergency shelters only be subject to specified written, objective standards.
Organization Position Priority
San Clemente Watch 1
Assigned
Marc Aprea
AB 2432 (Muratsuchi D) Neighborhood electric vehicles: County of Los Angeles.
Introduced: 2/17/2022
Last Amend: 6/16/2022
Location: 6/30/2922-A. CONCURRENCE
Desk Poli Fiscal Floor Desk Poli Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.
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 Vehicle Code is an Infraction, unless otherwise specified. Current law authorizes certain local agencies to establish a NEV transportation plan subject to certain requirements. A person operating a NEV in a plan area in violation of certain provisions is guilty of an infraction punishable by a fine not exceeding $100. This bill would authorize the County of Los Angeles or any city In the county to establish a similar NEV transportation plan, as specified, subject to the same penalties. The bill would require that the transportation plan have received a prior review and the comments of the Southern California
7-19-22 / 10A-16
ATTACHMENT 1
Association of Governments (SCAG) and any agency having traffic law enforcement responsibilities in an entity included in the plan area.
Organization
San Clemente
Position
Watch
Priority
1 Assigned
Marc Aprea
AB 2449 (Rubio. Blanca D) Open meetings: local agencies: teleconferences.
Introduced: 2/17/2022
Last Amend: 6/30/2022
Location: 6/29/2022-S. APPR.
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. 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, part icularly that the legislat ive 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, 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. This bill would revise and recast those teleconferencing provisions and, until January 1, 2026, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements th.at each teleconference location be identified in the notice and agenda and that each teleconference 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 clearly Identified on the agenda that is open to the public and situated within the local agency's jurisdiction. This bill contains other related provisions and other existing laws.
Organization
San Clemente
Position
Watch
Priority
1 Assigned
Marc Aprea
AB 2536 (Grayson D) Development fees: impact fee nexus studies: connect ion fees and capacity charges.
Introduced: 2/17/2022
Last Amend: 4/26/2022
Location: 7 /11/2022-A. ENROLLED
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.
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 certain standards and practices, as specified. Current law also requires a local agency to hold at least one open and public meeting prior to levying a new fee or service charge, as specified. This bill would 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: 6/27/2022-S. APPR. SUSPENSE FILE
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vet oed Chaptered 1st House 2nd House one.
Summary: The California Coastal Act of 1976, among other t hings, requires anyone wishing to perform or undertake any development in the coastal zone, except as specified, in addition t o 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 potential of these projects to help inform the state's natural and working lands and climate resilience strategies .
7-1 9-22 I 10A-17
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: 5/25/2022-S. GOV. & F.
Assigned
Marc Aprea
ATTACHMENT 1
Desk Polic Fiscal Floor Desk Polic F_il;cal Floor Conf. 1st House 2nd House Cone. Enrolled Vetoed Chaptered
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 that 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 t hat makes it clear that the writing relates to an agenda item for an upcoming meeting. This bill would instead require a local agency to m ake those writings distributed to the members of the governing board avai lable 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 m anner that makes it clear that the writing relates to an agenda item for an upcoming meeting.
Organization Position Priority Assigned
San Clemente Watch 1 Marc Aprea
AB 2668 {Grayson D) Planning and zoning: housing: streamlined, ministerial approval.
Introduced: 2/18/2022
Last Amend: 6/22/2022
Location: 6/14/2022-S. GOV. & F.
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. 1st House 2nd House • • Cone. Enrolled Vetoed Chaptered 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 (Quirk-Silva D) Housing: fire safety standards.
Introduced: 2/18/2022
Last Amend: 5/23/2022
Location: 6/22/202?-S. APPR.
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: Current law requires the State Fire Marshal to prepare, adopt, and submit building standards and other fire and life safety regulations to the California Building Standards Commission for approval establishing minimum requirements for the storage, handling, and use of hazardous materials. Current law requires the State Fire Marshal to seek the advice of the Secretary for Environmental Protection in establishing those requirements. This bill would prohibit the legislative body of a city or county from approving a discretionary entitlement, as defined, that would result in a new residential development project, as defined, being located within a very high fire hazard severity zone, unless the city or county finds that the residential development project will meet specified standards intended to address wildfire risks, as specified, and would provide that these 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: 2/18/2022
Assigned
Marc Aprea
7-19-22 I 10A-18
Last Amend: 6/28/2022
Location: 6/22/2022-S. APPR.
ATTACHMENT 1
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: Would, until January 1, 2024, prohibit a local agency from denying a permit for a short-term freight transportation use, as defined, that is submitted by a developer on a parcel if the proposed use is in conformity with all 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 application of its provisions to land zoned for industrial or agricultural uses, subject to specified conditions, as of the date of the application submission. By imposing new duties on local agencies with regard to local planning and zoning, the bill would impose a state-mandated local program.
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: 6/22/2022-S. APPR.
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf.
Enrolled Vetoed Chaptered 1st House 2nd House Cone.
Summary: Would require the Department of Housing and Community Development, upon t he 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 triennia l 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 leg islative findings.
Organization
San Clemente
Position
Watch
Priority
1 Assigned
Marc Aprea
AB 2957 (Committee on Local Government) Local government: reorganization.
ACA 14
Introduced: 3/2/2022
Last Amend: 4/18i2022
Location: 6/21/2022-A. CHAPTERED
Desk Polle Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.
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 affected territory. Current law requires a petitioner or legislative body desiring to Initiate proceedings to submit an application to the executive officer of the local agency formation commission, and requires the local agency formation commission, with regard to an application that includes an incorporation, to immediately notify all affected local agencies and any applicable state agency, as specified. This bill would define the term "successor agency," for these purposes to mean the local agency a commission designates to wind up the affairs of a dissolved district.
Organization 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 Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.
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
7-1 9-22 I 10A-19
ATTACHMENT 1
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 Genera I 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 Business, Consumer Services, and Housing Agency, and would authorize that agency to 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.
Introduced: 1/3/2022
Last Amend: 6/23/2022
Location: 6/30/2022-A. CONSENT CALENDAR
Desk Polic Fiscal Floor Desk Polic Fiscal Fl_oQr Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: Would recognize September 20, 2022, and every year on that date thereafter, as California Surfing Day to celebrate the California surfing lifestyle, would commend all those who honor the history, culture, and future of surfing, as well as the sport of surfing and the protection of our beach and ocean environments, would express support for future su rfers 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
SB 6 (Caballero D) Local planning: housing: commercial zones.
SB 852
Introduced: 12/7/2020
Last Amend: 6/20/2022
Location: 6/29/2022-A. APPR.
Desk Polic Fiscal Floor Desk Polle Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
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 mandatory elements, a housing element. Current law requires that the housing element include, among other things, an inventory of land suitable and available for residential development. If the inventory of sites does not Identify adequate sites to accommodate the need for groups of all households pursuant to specified law, existing law requires the local government to rezone sites within specified time periods and that this rezoning accommodate 100% of the need for housing for very low and low-income households on sites that will be zoned to permit owneroccupied and rental multifamily residential use by right for specified developments. This bill, the Neighborhood Homes Act, would deem a housing development project, as defined, an allowable use on a parcel that is within a zone where office, retail, or parking are a principally permitted use, if the development and site meet specified requirements, including that the site is not adjacent to an industrial use or agricultural use. The bill would require the density for a housing development under these provisions to m eet 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. The bill would require the housing development to meet all other local requirements, other than those that prohibit residential use, or allow r esidential use at a lower density than that required by the bill.
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: 6/27/2022-A. APPR.
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
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
7-19-22 / 10A-20
SB 891
SB 896
SB 922
ATTACHMENT 1
rise, extreme heat, extreme cold, the risk of wildfire, drought, and the risk of flooding, as specified. The bill would est ablish proj ect priorities and would authorize districts to establish additional priorities.
Organization Position Priority Assigned
San Clemente Watch 1 Marc Aprea
{Hertzberg D) Business licenses: stormwater discharge compliance.
Introduced: 1/31/2022
Last Amend: 6/21/2022
Location: 6/29/2022-A. APPR.
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
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 defined, to demonstrate enrollment with the National Pollutant Discharge Elimination System (N PDES) permit program by providing specified information, under penalty of perjury, on the application, 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 l icense renewals submitted on and after January 1, 2020.
This bill would expand the application of these provisions to instruments or permits equivalent t o business licenses and to the renewals of those equivalent instruments or permits.
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. En rolled Vetoed 1st House 2nd House Cone. . Chaptered
Summary: Current law requires the Dir ector of Forestry and Fire Protection t o 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 direct or 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 governmenta l 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 therea~er, 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: 6/30/2022-A. THIRD READING
Desk Poli Fiscal Floor Desk Poli Fiscal Floor CConf. Enrolled Vetoed 1st House 2nd House one. Chaptered
Summary: The California Environmental Quality Act (CEQA) until January 1, 2030, exempts from its requirements bicycle transportation plans for an urbanized area for restriping 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 condit ions. This bill would delet e the requirement that the bicycle transportation plan is for an urbanized area. The bill would extend th e 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 Clemente
Position
Watch
Priority
1 Assigned
Marc Aprea
SB 1067 (Portantino D) Housing development projects: automobile parking requirements.
Introduced: 2/15/2022
Last Amend: 6/30/2022
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ATTACHMENT 1
Location: 6/29/2022-A. APPR.
Desk Polic 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 m inimum automobile parking requirement on a housing development project, as defined, that is located within 1/2 mile of public transit, as defined. The bill, not withstanding 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 makes written findings, within 30 days of the receipt of a completed application, that not imposing or enforcing minimum automobile parking requirements on the development wou ld have a substantially negative impact, supported by a preponderance of the evidence in the record, 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 developm ent. The bill would create an exception from the above-described provision if the development (1) 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, (2) contains fewer than 20 housing units, or (3) is not subject to parking requirements based on any other state law. The bill would prohibit these provisions from reducing, eliminating, or precluding the enforcement of any requirement imposed on a housing development project that is located within 1/2 mile of public transit to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities.
Organization Position Priority
San Clemente Watch 1
Assigned
Marc Aprea
SB 1078 {Allen D) Sea Level Rise Revolving Loan Pilot Program.
Introduced: 2/15/2022
Last Amend: 5/19/2022
Location: 6/20/2022-A. APPR.
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: Would require the Ocean Protection Council, in consultation wit h the 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 pl anning and coastal management agencies, as provided, to adopt guidelines and eligibility criteria for the program. The bill would authorize specified local jurisdictions to apply for, and be awarded, a low-interest loan under the program from the conservancy, in consultation with the council, if the local jurisdiction develops and submits to the conservancy a vulnerable coastal property plan and completes all other requirements Imposed by the council. The bill would require the conservancy, in consultation with the council, to review the plans to determine whether they meet the required criteria and guidelines for vulnerable coastal properties to be eligible for participation in the program.
Organization
San Clemente
Position
Watch
Priority
1 SB 1100 (Cortese D) Open meetings: orderly conduct.
Introduced: 2/16/2022
Last Amend: 6/6/2022
Location: 6/22/2022-A. THIRD READING
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.
Summary: 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 subject matter jurisdiction of the legislative body. Current law authorizes the legislative body to adopt reasonable regulations to ensure that the intent of the provisions relating to this public comment requirement is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony 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.
Organization
San Clemente
Position
Watch
Priority
1 Assigned
Marc Aprea
7-19-22 I 10A-22
SB 1186 (Wiener D) Medicinal Cannabis Patients' Right of Access Act.
Introduced: 2/17/2022
Last Amend: 6/29/2022
Location: 6/28/2022-A. APPR.
ATTACHMENT 1
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
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 withi n 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 to meet demand from medicinal cannabis patients within the local jurisdiction, as specified. The bill, on and after January 1, 2024, would provide that the act may be enforced by an action for writ of mandate brought by a medicinal cannabis patient or their 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: 6/22/2022
Location: 6/23/2022-A. THIRD READING
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.
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 Building Standards Code. This bi ll would, except as specified, authorize public toilet 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: 6/ 21/2022-A. APPR.
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: The Planning and Zoning Law establishes in each city and 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: 6/28/2022-A. APPR.
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: The Wildl ife Conservation Law of 1947 establishes the Wildlife Conservat ion Board in the Department of Fish and Wildlife and requires the board to determine the areas in the st ate that are most essential and suitable for certain wildlife-related purposes. Under that law, the board may
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ATTACHMENT 1
authorize the department to acquire real property, rights in real property, water, or water right s for the benefit of wi ldlife. This bill would authori ze t he 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 comb ination thereof, in watersheds with habitats for sensitive wildl ife populations in specified regions in the 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: 6/29/2022-A. APPR.
Priority
1 Assigned
Ma rc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House 2n d House • Cone.
Summary: The Davis-Stirling Common I nter est Development Act, defines and regulates common interest developm ent s. Existing law r equires an association to distribute specified annual r eports to its members, to solicit m embers' 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 would require an association to record the collected preferences at least 30 days before distributing the annual budget report and t he annual pol icy statement.
Organization Position Priority Assigned
San Clemente Watch 1 Marc Aprea
SB 1 290 (Allen D) Sidewalk vendors.
Introduced: 2/18/2022
Last Amend: 6/30/2022
Location: 6/29/2022-A. APPR.
Desk Poli Fiscal Floor Desk Polic Fiscal Floor Conf. Enrol led Vetoed 1st House 2nd House Cone. Chaptered
Summary: Wou ld require the Governor's Office of Business and Economic Development, by January 1, 2025, to complet e and submit to the Legislat ure a report on local sidewalk vendi ng in California in consultation with other entities, organizations, authorities, and stakeholders, as specified. The bill would repeal that provision on January 1, 20 29.
Organization
San Clemente
Position
Watch
Priority
1 Assigned
Ma rc Aprea
SB 1307 (Rubio D) Department of Housing and Community Development: Mobilehome Parks Act: Special Occupancy Parks Act.
Introduced: 2/18/2022
Last Amend: 6/22/20 22
Location: 6/29/20 22-A. APPR.
Desk Polle Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: Cu rrent law, the Special Occupa ncy Parks Act, establishes requirements for the construction, maintenance, occupancy, use, and design of special occupancy parks and requires the Department of Housing and Community Development t o 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 in ternet website, in multiple languages.
The bill would also require the department t o send an annual electronic notice that explains the process to every city, county, or city and county government that has a mobilehome park located within its jurisdiction.
Organization
San Clemente
Position
Watch
Priority
1 Assigned
Ma rc Aprea
SB 1393 (Archuleta D) Energy: appliances: local requirements.
Introduced: 2/18/2022
Last Amend: 6/30/2022
Location: 6/29/2022-A. APPR.
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf.
lst House 2nd House Cone. Enrolled Vetoed Chaptered
7-1 9-22 I 10A-24
ATTACHMENT 1
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 to help building owners, the construction industry, and local governments overcome barriers to electrification of buildings and installation of electric vehicle charging equipment that include one or more specified topics. This bill would require the commission t o gather or develop, and publish on its internet website, the guidance and best practices by July 1, 2023, and would require t he guidance t o include all of those specified topics and additional topics. The bill 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 r equiring The replacement of a fossi l fuel-fired appliance with an electric appliance upon t he alteration or retrofit of a residential and nonresidential building, to consider any guidance published by the commission. The bill wou ld require the commission, upon request by a local government considering the adoption of t hat ordinance, to provide t echnical assistance to t he local government.
Organization
San Clemente
Position
Watch
Priority
1 SB 1425 (Stern D) Open-space element: updates.
Introduced: 2/18/2022
Last Amend: 4/18/2022
Location: 6/30/2022-A. THIRD READING
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.
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 wo uld 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.
Introduced: 2/18/2022
Last Amend: 5/ 17/2022
Location: 6/30/2022-A. THIRD READING
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.
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 Los 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 to assist t he 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 t o fund the planning and construction of housing, receive public and private financing and fu nds, 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.
Introduced: 2/28/2022
Last Amend: 6/20/2022
Location: 6/29/2022-A. APPR.
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enroll ed 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 t o maps of certain special assessment districts, prescribe requirements for the identification, storage, access, and preservation of maps. This bill would revise requirements for storage, access, and preservation of maps, In connection with the above-described laws, to authorize alternative methods by which maps may be Identified, kept safe and reprodu cible, and to which they may be referred, and would generally eliminate the requirement that they be fastened and stored in
7-19-22 / 10A-25
books.
Organization
San Clemente
Position
Watch
Priority
1 (Gonzalez D) Personal rights: right to housing.
Introduced: 2/1 8/2022
Loca~Lon: 3/23/2022- 5. HOUSING
Assigned
Marc Aprea
ATTACHMENT 1
Desk Polic Fiscal Floor Desk Poli<: Fiscal Floor Conf.
1st House 2nd House • Cone. Enrolled Vetoed Chaptered
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 t o respect, protect, and fulfill this right through progressively implemented measures, consistent with available resources, within an aggressive but reason able 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
Introduced: 2/14/2022
Last Amend: 6/9/2022
Location: 7 /11/2022-A. ENROLLED
Desk Poli Fiscal Floor Desk Poli Fiscal Floor Conf.
lst House 2nd House Cone. Enrolled Vetoed Chaptered
Summary: Current law provides that the governing board of any school district having jurisdiction over any elementary, intermediate, or j unior 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 t he governing board of any school district having j urisdiction over any elementary, intermediate, j unior high, or high school to provide time and facilities to any local law enforcement agency having j urisdict ion over the schools of t he district, for bicycle, scooter, electric bicycle, motorized bicycle, or motorized scooter 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: 6/20/2022
Location: 6/28/2022-A. APPR.
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: Current law states the Legislature's intention that a count y 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 wou ld emphasize the Intent of t he Legislature to fight climate change w ith these provisions.
Organization
San Clemente
Position
Watch
Priority
2 3
Assigned
Marc Aprea
AB 164 5 (Petrie- Norris D) State parks: concession contracts: Crystal Cove State Park.
Introduced: 1/12/2022
Last Amend: 6/14/2022
Location: 7 /12/2022-A. CHAPTERED
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 authorizes the Department of Parks and Recreation to enter into contracts with natural persons, corporations, partnerships, and associations for the construction, maintenance, and operation of concessions within units of the state park syst em. Current law requires t hose concession (
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ATTACHMENT 1
contracts to contain certain specified provisions, including a provision that the maximum term shall be 10, 20, or 50 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 faci lities, 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 Parks and Recreation determines that th is term extension 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 Clemente Watch 3 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
Location: 6/29/2022-S. APPR.
Desk Polic Fiscal Floor Desk Polic Fiscal Fl oor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: The Lempert-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 t he adequacy of oil spi ll elements of area plans adopted pursuant to specified existing law. The act auth orizes the administrator to offer, to a unified program agency with jurisdiction over or directly adjacent to waters of the state, a grant to complete, 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: 6/22/2022-S. APPR.
Desk Polic Fiscal Floor Desk Polic Fiscal Fl oor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
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, among others, t he 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 availabil ity issued by the department for an affordable multifamily 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 Position Priority
San Clemente Watch 3
Assigned
Marc Aprea
AB 1713 (Boerner Horvath D) Vehicles: required stops: bicycles.
Introduced: 1/26/2022
Last Amend: 3/21/2022
Location: 6/29/2022-S. APPR.
Desk Polic Fiscal Floor Desk Poli Fiscal Floor Conf. E II d V t d 1st House 2nd House Cone. nro e e oe Chaptered
Summary: Would require 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 with another roadway w ith two or fewer lanes, wher e stop signs are erected upon all approaches, to yield the right-of-way to any vehicles that have either stopped at or entered t he intersection, or that are approaching on the intersecting highway close enough to constitute an immediate hazard, and to pedestrians, as specified, and continue to yield the right-of-way to those vehicles and pedestrians until reasona bly safe to proceed. The bill would require other vehicles t o yield the right-of-way to a bicycle that, having yielded as prescribed, has ent ered the intersection. The bill would state that these provisions do n ot 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 wou ld impose a warning citation for a first violation by a person who is under 18 years of age and fails t o stop when approaching a stop sign at the entrance of an intersection.
Organization Position Priority Assigned
7-19-22 I 10A-27
San Clemente Watch 3
AB 1938 (Friedman D) Traffic safety: speed limits.
Introduced: 2/ 10/2022
Last Amend: 6/16/2022
Location: 6/28/2022-S. APPR.
ATTACHMENT 1
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: Current law requires the Departm ent of Transportation (Caltrans), by regulation, to require Caltrans or a local aut hority to round speed limits up or down to the nearest 5 miles per hour of the 85th percentile of free-flowing traffic. This bill would, if the speed limit needs to be rounded down to the nearest 5 miles per hour increment of the 85th-percentile speed, authorize Caltrans or a local authority to lower the speed limit by 5 m iles per hour from the nearest 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: 6/22/2022-S. APPR.
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.
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, technical 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, availability of funding, (2) issue funding to an award recipient 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: 6/20/2022
Location: 6/27/2022-S. APPR. SUSPENSE FILE
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Ccoonnfc.. Enrolled Vetoed Ch t d 1st House 2nd House ap ere
Summary: Current law provides for the enforcement of the Mobilehome Parks 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, after conducting an inspection and determining that a violation exists, to issue a notice to correct the violation to 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 m obilehomes 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. The bill would establish the Mobllehome Repair Grant Fund in the State Treasury, to be available to the department upon appropriation by the Legislature, for the purposes specified above.
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: 6/21/ 2022-S. THIRD READING
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.
Summary: Current law establishes the CalHome Program, administered by t he Department of Housing
7-19-22 I 10A-28
ATTACHMENT 1
and Community Development, to support existing home ownership programs aimed at lower and very low income households, among other purposes. Under the CalHome program, the department issues grants and loans to local public agencies and nonprofit corporations for specified purposes, including the construction of home ownership units. This bill would require the department to 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 2625 (Ting D) Subdivision Map Act: exemption: electrical energy storage system.
Introduced: 2/18/2022
Last Amend: 5/5/2022
Location: 6/20/2022-S. THIRD READING
Desk Poli Fiscal Floor Desk Pol i Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one. .
Summary: The Subdivision Map Act excludes various projects from its provisions, including the leasing of, or the granting of an easement to, a parcel of land, or any portion of the land, in conjunction with the financing, 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 Subdiv ision Map Act the leasing of, or the granting of an easement to, a parcel of land, or any portion of the 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 to discretionary action by the advisory agency or legislative body.
Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
AB 2662 (Katra D) Department of Fair Employment and Housing.
Introduced: 2/18/2022
Last Amend: 3/10/2022
Location: 6/21/ 2022-A. CHAPTERED
Desk Polic Fiscal Floor Desk Poli Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.
Summary: Wou ld provide that, by performing the functions and duties and exercising t he powers set forth in the California Fair Employment and Housing Act (FEHA), the Department of Fair Employment and Housing (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 Assigned
Marc Aprea
AB 2677 (Gabriel D) Information Practices Act of 1977.
SB 361
Introduced: 2/18/2022
Last Amend: 6/30/2022
Location: 6/29/2022-S. APPR.
Desk Polic Fiscal Floor Desk Poli Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.
Summary: Current 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 other things, genetic information, IP address, online browsing history, and location information within the definition of "personal information" for the act's purposes. The bill wou ld make other techn ical, nonsubstantive, and conforming changes.
Organization Position Priority Assigned
San Clemente Watch 3 Marc Aprea
(Umberg D) Surplus land: Orange County.
Introduced: 2/10/2021
Last Amend: 6/20/2022
Location: 6/29/2022-A. APPR.
7-19-22 I 10A-29
SB 867
SB 897
SB 926
.. ATTACHMENT 1
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.
Summary: Current law prescribes requirements for the disposal of land determined to be surplus land by a local agency. Those requirements include a requirement that a local agency, prior to disposing of a property or participating in negotiations to dispose of that property with a prospective transferee, send a written notice of availability of the property to specified entities, depending on the property's intended use, and send specified information in regard to the disposal of the parcel of surplus land to the Department of Housing and Community Development. Current law, among other enforcement provisions, makes a local agency that disposes of land in violation of these disposal provisions, after receiving notification of violation from the department, liable for a penalty of 30% of the final sale price of the land sold in violation for a first violation and 50% for any subsequent violation. Under current law, except as specified, a local agency has 60 days to cure or correct an alleged violation before an enforcement action may be brought. Current law provides for the deposit and use of penalty revenues for housing, as prescribed. This bill would require the County of Orange, or any city located within Orange County, if notified by the department that its planned sale of surplus land is in violation of existing law, to cure or correct the alleged violation within 60 days, as prescribed. The bill would prohibit an Orange County jurisdiction that has not cured or corrected any alleged violation from disposing of the parcel until the department determines that it has complied with existing law or deems the alleged violation not to be a violation.
Organization
San Clemente
Position
Watch
Priority
3 (Laird D) Sea level rise: planning and adaptation.
Introduced: 1/24/2022
Last Amend: 6/13/2022
Location: 6/6/2022-A. APPR.
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. 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 feasi ble, the mitigation of the adverse environmental, social, and economic effects of sea level rise within the coastal zone, as provided. This bill 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 Francisco 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 submitting a subregional San Francisco Bay shoreline resiliency plan to the San Francisco Bay Conservation and Development Commission, as applicable, by January 1, 2026. The bill would require those local governments to 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
(Wieckowski D) Accessory dwelling units: junior accessory dwelling units.
Introduced: 2/1/2022
Last Amend: 6/30/2022
Location: 6/29/2022-A. APPR.
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.
Summary: The Planning and Zoning Law, authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Current law authorizes a local agency to impose standards on accessory dwell ing units that Include, but are not limited to, parking, height, setback, landscape, architectural review, and maximum size of a unit. This bill would require that the standards Imposed on accessory dwelling units be objective. For purposes of this requirement, the bill would define "objective standard" as a standard that involves no personal or subjective judgment by a public official and is uniformly verifiable, as specified. The bill would also prohibit a local agency from denying an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
(Dodd D) Prescribed Fire Liability Pilot Program: Prescribed Fire Claims Fund.
Introduced: 2/7/2022
LastAmend: 5/19/2022
7-19-22 I 10A-30
SB 930
SB 948
ATTACHMENT 1
Location: 6/28/_2022-A. APPR.
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: The Budget Act of 2021 appropriated to the Department of Forestry and Fire Protection $20,000,000 to establish a Prescribed Fire Liability Pilot 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 nonpublic 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 insur ance pool or other mechanisms for prescribed burn managers. The bill wou ld 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, private 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 funds 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
San Clemente
Position
Watch
Priority
3 (Wiener D) Alcoholic beverages: hours of sale.
Introduced: 2/7/2022
Last Amend: 6/2/2022
Location: 6L22/2022-A. APPR.
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: Would, beginning January 1, 2025, and before January 2, 2030, require the Department of Alcoholic Beverage Control to conduct a pilot program that would authorize the department to issue an additional hours license to an on-sale licensee located in a qualified city that would authorize, with or without conditions, the selling, giving, or purchasing of alcoholic beverages at the licensed premises between the hours of 2 a.m. and 4 a.m., upon completion of specified requirements by the qualified city In which the licensee Is located. The bill would impose specified fees related to the license to be deposited in the Alcohol Beverage Control Fund. The bill would require the applicant to notify specified persons of the application for an additional hour s license and would provide a procedure for protest and hearing regarding the application. The bill would require the Department of the California Highway Patrol and each qualified city that has elected to participate in the program to submit reports to the Legislature and specified committees regarding the regional impact of the additional hours licenses; as specified. The bill would provide that any person under 21 years of age who enters and remains in the licensed public premises during the additional serving hour without lawful business therein is guilty of a misdemeanor, as provided. The pilot program would apply to the Cities of Cathedral City, Coachella, Fresno, Oakland, Palm Springs, and West Hollywood, and the City and County of San Francisco.
Organization
San Clement e
Position
Watch
Priority
3 Assigned
Marc Aprea
(Becker D) Housing finance programs: development reserves.
Introduced: 2/9/2022
Last Amend: 5/19/2022
Location: 6/ 29/2022-A. APPR.
Desk Polle Fiscal Floor Desk Polic Fiscal Floor Conf. En rolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: Current law establishes various programs and funding sources administered by the Department of Housing and Community Development t o enable the development of affordable housing, including the 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 establishes the HOME Investment 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 quali fied project rental or operating subsidy. This bill would create the Pooled Transition Reserve Fund and would continuously appropriate moneys in that fund to the department for the purpose of maintaining a pooled transition reserve to m itigate the impacts on tenant rents from the loss or exhaustion of rental or operating subsidi es.
7-19-22 I 10A-31
Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
ATTACHMENT 1
SB 1 036 (Newman D) California Conservation Corps: California Ocean Corps Program.
Introduced: 2/15/2022
Last Amend: 6/6/2022
Location: 6/29/2022-A. APPR. SUSPENSE FILE
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
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 to 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 1 077 (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: 6/27 /2022-A. APPR.
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: Would specifically authorize the State Coastal Conservancy to award grants to public agencies and nonprofit organizations that increase resilience 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 to consult, as needed, with the Department of Fish and Wildlife, the Invasive Species Council of California, and other entities in determining the invasive status of any species.
Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
SB 1130 (McGuire D) Military base reuse a uthority: board of directors: ex officio members.
Introduced: 2/16/2022
Last Amend: 3/16/2022
Location: 6/1~/2022-A. INACTIVE FILE
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.
Summary: The Military Base Reuse Authority Act requires the authority to be governed by a board of directors and authorizes the board to appoint or remove ex officio nonvoting members at its pleasure.
This bill would specify that the board is authorized to appoint or remove ex officio nonvoting 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 t he base.
Organization
San Clemente
Position
Watch
Priority
3 SB 1169 (Hueso D) Toll road projects: study.
Introduced: 2/17/2022
Last Amend: 6/29/2022
Location: 6/28/2022-A. APPR.
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polle Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: Would require the California Transportation Commission to conduct a study on the state's toll roads regarding their impacts on toll users and nearby communities, as specified. The bill would require the study to be conducted in consultation with the authorized regional transportation agency
7-19-22 I 10A-32
ATTACHMENT 1
and impacted local agencies. The bill wou ld require the study to be submitted to the Senate Transportation Committee and the Assembly Transportation Committee on or before January 1, 202S.
Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
SB 1227 (Eggman D) Involuntary commitment: intensive treatment.
Introduced: 2/17/2022
Last Amend: 6/23/2022
Location: 6/29/2022-A. THIRD READING
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: Under the Lanterman-Petris-Short 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 probabl e 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 detained 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 certified for an additional period of not more than 30 days of intensive treatment if the person remains gravely disabled and is unwilling or unable to accept treatment voluntarily. Current law requires the person to be released at the 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. Existing law requires an evaluation to be made when a gravely disabled person may need to be detained beyond the initial 14-day period, as to whether the person is likely to qualify for appointment of a conservator, and, if so, requires that referral to be made, as specified. This bill would authorize the professional person in charge of the facility providing intensive treatment to the person to file a petition in the superior court for the county in which the facility is located, seeking approval for up to an additional 30 days of intensive treatment.
Organization Position Priority Assigned
San Clemente 3 Marc Aprea
SB 1338 (Umberq D) Community Assistance, Recovery, and Empowerment (CARE) Court Program.
Introduced: 2/18/2022
Last Amend: 6/30/2022
Location: 6/28/2022-A. APPR.
Desk Polic Fiscal Floor Desk Polle Fiscal Floor Conf.
1st House 2nd House Cone. Enrolled Vetoed Chaptered
Summary: Would enact the Community Assistance, Recovery, and Empowerment (CARE) Act, which would authorize specified persons to petition a civil court to create a vo luntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services to adults who are currently experiencing a severe mental illness and have a diagnosis of schizophrenia spectrum and psychotic disorders and who meet other specified criteria. The bi ll 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 facts 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 the hearings in a CARE proceeding confidential and not open to the public, thereby limiting public access to a meeting of a public body. The bill would authorize the CARE plan to be extended once, for up to one year, and would prescribe the requirements for the graduation plan. By expanding the crime of perjury and imposing additional duties on the county behavioral health agencies, this bill would impose a state-mandated local 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: 6/29/2022-A. THIRD READING
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf.
lst House 2 nd House Cone. Enrolled Vetoed 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.
7-19-22 I 10A-33
Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
ATTACHMENT 1
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: 6/29/2022-A. APPR.
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: Would require the Office of Planning and Research to, upon appropriation by the Legislature, establish the Unincorporated Area Annexation I ncentive Program, authorizing the office to issue a grant to a city for the purpose of funding Infrastructure projects related to 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 t o a maximum funding threshold as determined by the director. The bill would, by September 1, 2023, r equire 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 rulemaking 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: 7 / 1/2022-S. CHAPTERED
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: The California Coastal Act of 1976 establishes the California Coastal Commission and prescribes the powers and responsibilities 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 t he coastal zone, as defined, to obtain a coastal development permit, except as provided. This bill would make various nonsubstantive changes t o the above act to, among other things, change pronouns, correct the names of various state entities, and delete obsolete language.
Organization Position Priority Assigned
San Clemente Watch 3 Marc Aprea
Total Measures: 78
Total Tracking Forms: 78
7-19-22 I 10A-34
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 t he TCA have conducted 2022-23 public budget workshops. Both agencies are tentatively scheduled t o 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 car 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 Caltrans, 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 7-19-22 I 10A-35
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, t he 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 t he three toll roads, the TCAs are responsible for paying off debt incurred t o 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 turnback 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 OCT A'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 would 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 t he draft scope of the 1-5 widening project will 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 the 1-5 project should be finished in the Spring of 2023 with final action on the transportation plans expected in t he 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 7-19-22 I 10A-36
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/ AppData/Loca 1/M icrosoft/Windows/I NetCache/Content.Outlook/DGCS7Z3Y /Po werPoint%20(16).pdf.
When the 1-5 w idening 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 Patrones 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 w ith 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 f uture).
• Los Patrones Parkway Extension
The OCTA Board of Directors has approved a $2.5 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 w ithin the San Clemente city limits.
The LPPE is listed on the OCT A-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 7-19-22 I 10A-37
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 com ing 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 anticipat ed this summer with a tentative award of contracts by the Boa rd 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 w ith 12 environmental groups, the California Attorney General, and ot hers by an 8-4-2 vote. The split vote came after Supervisor Lisa Bartlett requested a month-long delay so the f ull Settlement Agreement could be updated and clarified.
A member of both TCA boards and the OCTA board, Su pervisor 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, w hich was emailed by TCA staff to t heir 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 w ith 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 tolling 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 OCTA's Mortazavi pointed out, the revised agreement also includes language saying the TCA would not commence construct ion of t he 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 Sett lement 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 time-sensitive for environmental groups involved in pending litigation w ith The Reserve homeowners' group in San Clemente and the City of San Clemente. Director Huang, Chair of the FE TCA Boa rd 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 7-19-22 I 10A-38
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 Ful lerton, 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, t he OCTA and San Clemente during development of the Sout h 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 7-19-22 / 10A-39
~c~ ...:5~
Department:
Prepared By:
Subject:
Fiscal Impact:
Summary:
AGENDA REPORT
SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: Jul5119, 2022
City Clerk . ~
Joanne Baade, City Cler'e?'"'-
Scott Smith, City Attorney
Agenda Item \ O (,,
Approvals:
City Manager $
Dept. Head
Attorne~
Finance ~
URGENCY ORDINANCE ENACTING LOCAL CAMPAIGN CONTRIB UTION 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
7-19-22 I 1 0C-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 7-19-22 I 10C-2
Agenda Report 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. 7-19-22 / 10C-3
Agemla 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 July 19, 2022.
Attachments: 1. Draft Urgency Ordinance
2. Draft Conventional Ordinance
3. Draft Campaign Contribution Disclosure Policy
Notification: None.
\lcf\data\chlcityclerl1\secure\my wordladniinreport-contributionlimits.docx 7-19-22 / 10C-4
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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. Sectio n2.04.100 is hereby added to the San Clemente Municipal Code to read in full as follows:
7-19-22 I 10C-5
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 wh o 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 7-19-22 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 ooncert.
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. 7-19-22 / 1 0C-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, on line 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, fi le 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 p rior 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. 7-19-22 / 10C-8
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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 7-19-22 I 10C-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 on ly 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 7-19-22 / 10C-10
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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 romplaint 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.
7-19-22 / 1 0C-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 ii, to be published once within 15 days of 7-19-22 / 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
STATE 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:
7-19-22 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
\lcf\datalchlcilyclerklsecurelmy word\campaigncontributionordin ance-urgency.docx 7-1 9-22 I 10C-1 4
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:
7-19-22 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 e lective 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 7-1 9-22 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, v0ter 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 197 4, 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 197 4, as amended. 7-19-22 I 1OC-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 cand idate'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 o r 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. 7-19-22 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 7-19-22 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 cand idate 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 compliar.,ce with this Section or to 7-19-22 / 10C-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 reta.in 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 fi le 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 al l 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 fi ling. 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.
7-19-22 I 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 7-19-22 I 10C-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 _____ _ ___ _ 7-19-22 / 10C-23
APPROVED AS TO FORM:
CITY ATTORNEY
l\cf\dalalchlcityclerklsecure\my wordlcampaignordinance.docx
LEGISLATIVE ADMINISTRATOR
of the City of San Clemente,
California
7-19-22 I 10C-24
ATTACHMENT 3
POLICY AND PROCEDURE
Subject: Disclosure of Political Contributions -ln_d_e_x_: --c·~it·y-·--c-o=un~· c-i~- i -~ Number: 201 -15
Effective Date: July 19, 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:
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 S545l.02200",J•l48)j66.2
7-19-22 / 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 seNices 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.
2 554 52.02200\H•ISJ 566.2
7-19-22 / 10C-26
AGENDA REPORT
SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: July 19, 2022
Department: City Manager
City Attorney
Prepared By: Scott Smith, City Attorney
Agenda Item
Approvals:
City Manager
Dept. Head
Attorney
Finance
\0 t>
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.
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.
Discussion: 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 Council Agenda Report 7-19-22 / 10D-1
Agenda Report
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.
7-19-22 I 10D-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 7-19-22 / 10D-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.
7-19-22 I 100-4
(
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, 910 Calle Negocio, San Clemente, CA 92673.
7-19-22 I 10D-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
7-19-22 I 100-6
AGENDA REPORT
SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: July 19, 2022
Department: City Manager
Prepared By: Samantha Wylie, Beaches, Parks, and Recreation Director Jonathan Lightfoot, Economic Development Officer
Agenda Item \ D 'f?
Approvals:
City Manager ~
Dept. Head ----------rd - -- Attorney
--..--1---
F in an c e
Subject: CONSIDERATION OF A FUTURE AMPHITHEATER SITE AND DEVELOPMENT OF A RELATED
CITIZENS COMMITTEE
Fiscal Impact: Unknown at this time.
Summary: The City has previously considered amphitheater opportunities, but funding was never secured. The City could evaluate undeveloped open space or existing parks, through the current Site Specific Master Plan Updates process, as potential sites. Staff recommends that the Council establish a Citizens Committee, which could more clearly identify potential users, facility needs, alternatives for venue management of operations, and financing feasibility.
Background: At its April 19, 2022 meeting, the City Council agendized the possibility of establishing a citizens committee for an amphitheater and directed staff to identify potential sites for the development of an amphitheater in the future.
An amphitheater has been discussed by the City in the past. On November 18, 2008, the City Council approved an Exclusive Negotiating Agreement ("ENA") with the Association for the Amphitheater ("AFTA") for a 43-acre parcel located near the intersection of Avenida La Pata and Calle Saluda. This area is currently zoned public open space (OS 1 ). AFTA envisioned an outdoor amphitheater with related ancillary facilities on this site. The ENA specified that AFTA was responsible for investigating the feasibility of the site and preparing the necessary environmental documents to support a CEQA analysis of any proposed development. The ENA was extended in 2011 and 2014 but due to delays in fundraising by AFTA, environmental review was not completed and the project did not continue forward. The second extension expired in 2017. It is important to note that the California Surplus Land Act has been amended since 2017. If the City were to consider a long term lease or a sale of public lands, the City would be obligated to first advertise a Notice of Availability and then negotiate with interested affordable housing developers prior to entering into a new ENA or lease.
Before landing on the La Pata site as the preferred location, AFTA additionally considered three other sites for buildout as early as 2003; (1) Vista Hermosa Sports Park; (2) Jim Johnson Memorial Sports Park; and (3) Richard T. Steed Park. After review and discussion surrounding each site, AFTA determined that Steed Park would Administration Agenda Report 7-19-22 I 10E - 1
Agenda Report Page 2
be a suitable location given the remote nature of the space and open land opportunity.
The Vista Hermosa and Jim Johnson locations posed concerns due to the potential of sound pollution from the surrounding streets, intersections, and freeway creating a less than ideal area for a theater or performing arts performance. Additionally, Vista Hermosa Sports Park was determined to be "overcommitted" to other activities that would compete or drown out the amphitheater activities and experience. The potential Jim Johnson Memorial Sports Park site was found to be subject to fog and wind that would interrupt an outdoor performance.
More recently, the Beaches, Parks, and Recreation (BPR) department has undertaken a Site Specific Master Plan Update process1 which focused on updating five parks in the City. Linda Lane Park, situated above the beach trail just north of the Pier, is one of the parks slated to be updated. One alternative at Linda Lane Park included a site plan that would utilize the existing grading to establish a terraced park layout with a shade structure near the trail entrance that included a stage-like platform. To accomplish this, the park would essentially be reversed with a parking lot established in the existing uphill park location and the park/recreation space located near the beach access. This summer, BPR has hosted the successful summer concert series in this location, with a temporary band stage at the lower end of Linda Lane and an ocean view backdrop. These events have been attended by hundreds of residents and visitors.
This site plan alternative (see Attachment 1) received varied feedback from the community with.several nearby residents expressing concerns over the change in the layout of the park, while other community members were supportive of the layout change citing that it takes greater advantage of the scenic ocean view and concentrating landscaping and amenities nearer to the beach trail. The amenities would need to be modified if the Council desired to make an amphitheater the dominant feature in this space. Reorienting Linda Lane will require environmental analysis prior to implementation. The City has initiated environmental review for the Richard T. Steed Memorial Park site-specific master plan, which has been prioritized by the City Council. Environmental review for the other four park plans, including Linda Lane, has not yet begun.
Discussion: The two examples referenced above would take different paths. The City Council precedent for greenfield development at the La Pata site places a responsibility for preliminary fundraising, feasibility analysis, and environmental review on the interested citizens groups or non-profits. The La Pata site offers a larger space and more varied opportunities for development. Conversely, the Linda Lane site is smaller, but redevelopment is already under consideration. The environmental review of the final site plan would be managed and funded by the City.
There are other sites that could be considered, but before identifying a site it will be important to identify:
• Who are the likely users?
• What types of events do those users produce?
1 https://www.san-clemente.org/recreation-community/beaches-parks-and-recreation-master-plan 7-19-22 I 10E - 2
Agenda Report
Recommended
• What are the stage and seating capacity needs of those groups? • What accessory facilities (parking, restrooms, backstage, concessions) would be needed to support a venue of that size?
• Who will manage the facility?
• How will the development be funded?
• How would the venue operate sustainably?
Staff recommends that the City Council establish a Citizens Committee to further explore this concept and to begin to address these questions. Staff recommends that this committee include members representing (but not limited to):
• The Chamber of Commerce
• The San Clemente High School Drama Department and Principal • The Cabrillo Playhouse
• Local performing arts studios, such as the Ballet Academy & Movement • Operations staff from a regionally successful amphitheater • Liaison from BPR or Planning Commission
• Liaison from City Council
Once the committee has performed due diligence, they could return to City Council with a presentation of their findings and a recommendation for a facility type and location. At that point, the Council can further deliberate on the funding implications and whether to initiate site specific feasibility and environmental analysis.
Action: STAFF RECOMMENDS THAT the City Council establish a Citizens Committee to further analyze the feasibility of an amphitheater.
Attachments: 1. Proposed Master Plan Update at Linda Lane Park - Option 1 Notification: None
7-19-22 I 10E - 3
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Propo11d Conoept Eltmtntl
0 Ro,troomo end Shower~
0 Ocoon V10w Plozo (Bonchou ond Plc1110
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0 Ocoan Plata Ohodo Structure
G Rolocoted Ari Bonoh
0 Oooan Thomnd Murol on Pln,n Paving
C, Decomposed Gronlte Ploze
0 ADA Aucna•lblu Docornponod Dronilu Pol h
C, ADA /\ccooslblu Conorolu Pollio
O'slopod Lawn
Cl) Flat Lawn
C, Native Contul S•go PlbnllnQo For Slopo
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0 Realllent Playground Surruolng ,n
Oooan•Thamod Pottorn
Cl) ,.D1co.r1tlva Crooawult
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• 121 f•latlng Parking Spu~os
•·114 flropoHd l'orktnr; SpooH
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Linda Lane Park
OPTION 1 CONCEPT ENLARGEMENT PLAN
Propond Concept Elements
0 Children's Plaza, Shade Structure and Picnic Area
0 ADA Accessible Concrete Paths
0 Resilient Playground Surfacing in Ocean-Themed Pattern 0 Ocean Themed Playground
9 Flat Lawn
8 Sloped Lawn
O stai,s
fl Decorative Crosswalk
0 Proposed Native Planting For Slope Stabilizat ion
G) Bench
Proposed Concept Elements
0 Ocean View Plaza (Benches and Picnic Tables)
0 Ocean Plaza Shade Structure
0 Ocean Themed Mural on Plaza Paving
0 Relocated Art Bench
0 Decomposed Granite Plaza
0 ADA Accessible Decomposed Granite Path
0 Benches
0 ADA Accessible Concrete Paths
C, Restrooms and Showers
Cl!) Native Coastal Sage Plantings For Slope Stabilization 0 Sloped Lawn
9 Flat Lawn
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Existing Elemen_t_s to Remain
© Existing Trees, Typical
© Existing Trails/Service Paths to
Beach
7-19-22 I 10E - 5
Department:
Prepared By:
Subject:
AGENDA REPORT
SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: July 19, 2022
City Manager
Jennifer Savage, Assistant to the City Manager
Agenda Item
Approvals:
City Manager
Dept. Head
Attorney
Finance
\Of
FAMILY ASSISTANCE MINISTRIES LEASE FOR 1030 CALLE NEGOCIO AND RELATIONSHIP
WITH THE CITY OF SAN CLEMENTE
Fiscal Impact: None to receive and file the report. If the City Council approves a lease extension, an increase of $390 - 3,500 in monthly revenue.
Summary: Staff recommends that City Council receive and file the report, and approve and authorize the Mayor to execute a one-year lease extension.
Background: On June 7, 2022, City Council moved discussion of the lease with Family Assistance Ministries (FAM) to New Business. Also on June 7, 2022, City Council requested the item return to Council with a history of the City's relationship with FAM.
Family Assistance Ministries Relationship with San Clemente San Clemente has collaborated with FAM since at least the year 2000. Over the past 11 years, the City has provided more than $1,200,000 in financial support.
Collaboration activities and financial support includes:
• Redevelopment Agency loan of $850,000 to purchase and rehabilitate Gilchrist House, which provides transitional housing.
• Grant funding, including CDBG funds and the City's General Fund Social Service grant program, of $338,000.
• Reduced lease rates for the property located at 1030 Calle Negocio. Since market rates fluctuate, it is hard to provide a total of rental subsidies. However, when comparing FAM's current rate of $6,500 per month, or $0.73 per square foot, with the market rate of $13,400 per month, or $1.50 per square foot, the City has provided an estimated $82,000 in rent subsidy over the past year.
Discussion: FAM submitted a letter proposing a one-year lease renewal through April 30, 2024 (Attachment 1 ). The proposal includes a request for 6% increase in the monthly rental rate, or $6,890 per month. In addition, the letter offers up to $10,000 per month for the rental rate.
Plan and Policy
Consistency: The action is consistent with the following General Plan Goals and Policies:
• Public Services, Facilities and Utilities Goal: Continue to be a community with a strong network of public, private, and non-profit human service providers that meet the basic health, safety, and welfare needs of all San Clemente residents.
City M anager's Agenda Report
7-19-22 I 10F-1
Agenda Report
Council
Strategy:
Recommended
Page2
• Policy PSFU-4.01. Collaboration. We collaborate with the County of Orange and other public agencies and organizations to help provide child care, social services, physical and mental health services, low cost health and wellness services, senior care, housing programs and family services. • Policy PSFU-4.03. Funding. We solicit County, State, Federal, private and corporate donations and other funding resources to support local human service providers and City of San Clemente programs and facilities.
The action is consistent with Council Strategy 1 - Ensure financial stability as demonstrated by low debt, high ratings, and new revenue generation - in that by receiving and filing the report, City Council is considering financial impacts related to the relationship with FAM and the City-owned property at 1030 Calle Negocio.
Action: STAFF RECOMMENDS THAT the City Council:
1. Receive and file the report; and
2. Approve and authorize the Mayor to execute a one-year lease extension with a $10,000 per month rental rate.
Attachments: 1. FAM Proposal Letter
Notification: Family Assistance Ministries
7-19-22 I 10F-2
ATTACHMENT
2:~Family
-cc~Assistance
U.:m~ Ministries
HUNGER & HOMELESS PREVENTION
Board of Directors
Al Filger
Dev Ghose
Bob Grant
Lorraine Hoon
Irene McKeown
Carolyn McOwen
Chris Morrow
Jay Pederson
Julie Solliday
Nancy St. Pierre
Zachary Stangle
C. Kirk Steele
Sara Sullivan
Dick Veale
Chief Executive
Officer
Elizabeth Andrade
July 13, 2022
Honorable San Clemente City Council
Re. Requested Lease Extension of 1030 Calle Negocio
Dear Mayor James:
Thank you for your letter and for explaining your position.
It Is our intention to relocate our headquarters by no later than April 2024. This one-year lease extension request Is due to our focus on the COVI D crisis response for San Clemente and South County over the past two years.
The past two years of COVID crisis response has stretched FAM to its limits. When everyone else went home to their comfortable home offices to work, FAM stayed open. We provided food for the poor, we kept families in their homes with rental assistance, we provided diapers to seniors for their dignity, and we provided diapers to infants of struggling parents, We are prepared to offer the City of San Clemente up to $10,000 per month for a one-year extension; however, we believe the city should support a one-year extension at the current lease rate, plus the 6% increase offered because of the support we provide our residents.
Mr. Mayor, we share your goals of keeping San Clemente safe, supporting our law enforcement, reducing homelessness, getting our own hospital and fiscal accountability.
We appreciate the past 22 years of partnership with the city, churches, and citizens of San Clemente. After all, FAM was the creation of those citizens of San Clemente.
In response to your request, our records indicate the City of San Clemente provided $116,000 in total support for the year ended June 30, 2022. This included $34,000 in cash, debt forgiveness of $34,0001, below market rent of $42,0002 and $6,000 in subsidized golf green fees for our annual fund-raising event. We are grateful for this support. 75%3 of our total program aid is provided to the residents of San Clemente and Camp Pendleton. Most of our clients are seniors, veterans, parents, children, pool cleaners, housekeepers, hotel staff, active military, gas station attendants and other hard-working honorable people.
1 For the year ended June 30, 2022, we received amortized forgiveness on the note dated in 2009 for the only crisis shelter for women and children in San Clemente
2 FAM pays $6,500 per month in rent. We estimate the fair value of rent for the building, if the city made necessary Improvements, to be approximately $10,000 per month. Therefore $10,000 - $6,500 = $3,500 x 12 months= $42,000 3 75% of our aid instances are to residents of San Clemente and Camp Pendleton which is likely attributed to our faith partners as well as our proximity
1030 Calle Negocio • San Clemente, CA 92673 • P (949) 492-8477 • F (949) 492-8081 7-19-22 I 10F-3
ATTACHMENT
Is the City of San Clemente paying an unfair share?
Cash4 Donationss Grants6 San Clemente La ke Forest Laguna Niguel All other cities7 Received $2,218,000 $1,721,000 $34,000 $68,000 $131,000 $153,000 Percent 51% 40% 1% 2% 3% 3%
Services - - $2,512,000 $119,000 $193,000 $1,288,000
Percent - - 61% 3% 5% 3196
As you can see the City of San Clemente donated 1% of our cash funding, however the citizens received 61% of the services and aid provided by FAM. Because of our proximity, San Clemente residents received a disproportionately high amount of support. In addition to cash contributions, we receive in kind support, over 90% of which is food, which is generally distributed based on population and need. A disproportional amount of in kind support was received by the residents of San Clemente as well.
In kind Private8 San Clemente9 Lake Forest Laguna Niguel All other cities10 Received $4,2QO,OOO - - $82,000 - - -
Percent 98% 2% 0% 0% 0%
Distributed - $1,450,000 $57,000 $305,000 $2,003,000
Percent - 38% 1.5% 8% 52.5%
Does FAM hurt or help homelessness in San Clemente?
I would like to comment on the perception that FAM attracts "vagrants" from other cities. We believe "the best climate in the world" attracts people who want or need to live unhoused. FAM's aid is for families and individuals in coordination with city outreach efforts. To receive aid, recipients go through our intake process and commit to a plan to Improve their situation. We work with those seniors, parents, veterans, and families t o help them become productive or to help them relocate to a market where t hey can find gainful employment.
Do homeless individuals visit 1030 Negocio for food?
Yes. Food is our invitation to engage the housed and unhoused in our intake process; however, we do not give "free lunches." Rather, we are a professional organization that requires a formal intake process. We verify need including household address, number of members, and income verification. Each household is supported by a case manager who creates a short-term and long-term plan that focuses on a client-centered approach that prioritizes housing stability. Progress towards that goal is reviewed with a continued engagement. • 94% of those we serve are housed, but at risk so if not served, homelessness increases • 8111 unhoused people relocated from San Clemente to their hometowns • 10,721 people worked through a plan to become self-sustaining over the last five years FAM is one of the solutions, not the cause of the problem. 4 Cash donations refl ected above are updated to pre-close balances for the year ended June 30, 2022 s Donations are from 23 churches and 1,800 citizens
6 Grants exclude the City Grants displayed separately for San Clemente, Lake Forest, Laguna Niguel and all other cities 7 All other cities include the cities of Aliso Viejo, Mission Viej o, Rancho Santa Margarita, and San Juan Capistrano • Private donations are received from Individuals, churches, corporations, and other non-governmental agencies across South OC 9 We estimate the fair value of rent t o be approximately $10,000 per month. Therefore $10,000 - $6,500"' $3,500 x 12 months or $42,000 plus $34,000 debt forgiveness plus $6,000 in subsidized golf fees for an annual fund raising event. 10 All other cities of residence
11 Our Homeward Bound program reunites unhoused individuals with their families and provides funds to leave San Clemente & Orange County, they agree that if they return, they waive all future aid. We have assisted 141 total, 81 of which resided in San Clemente 1030 Calle Negocio • San Clemente, CA 92673 • P (949) 492-8477 • F (949) 492-8081 7-1 9-22 I 10F-4
ATTACHMENT
How does transitional housing help?
FAM is listed in the City of San Clemente 2021-2029 Housing Element report as an Emergency Shelter and Transitional Housing provider. The units we operate allow San Clemente to meet the recently approved Housing Element and state regulations. One of the properties listed in the Housing Element under transitional housing was purchased with a forgivable city loan. The loan paid for the purchase, but FAM has paid for the operations and programmatic costs since its inception. This demonstration of public/ private partnership has supported 739 women and children relocated from the streets over the last 5 years. As noted in in the San Clemente Times, San Clemente is not on "the list" because we are "recognized in our efforts with a significant reduction in our homeless Point-in-Time Count and our robust homeless outreach program"12.
Since inception, in our Gilchrest House13, we housed 962 women and children, less than 2% remained in San Clemente. We help them find work and affordable housing where they can become productive citizens.
Without that assistance, they would likely remain in San Clemente unemployed and unhoused.
San Clemente should be proud
Last year alone was a great outpouring of San Clemente Community Spirit. • Over 1,800 individual private donors
• Over 1,300 citizens volunteered in San Clemente to feed those in need • 23 faith-based organizations supported FAM
• 80 corporations participated in supporting FAM
• Over 1,800 seniors received food
• Over 3,900 families received rental assistance to avoid homelessness • Over 500 children, primarily from San Clemente, also received backpacks and school supplies so they can focus on their education
FAM is a community partnership that keeps the City of San Clemente a fantastic, safe, thriving place to live and raise a family. Mr. Mayor, our goals are the same. We help people provide for themselves and their families without being dependent on aid. We provide plans, coaching, assistance, counseling, food and emergency shelter to our grandparents, abused and beaten, and those without hope. The result is they find jobs, shelter, pay taxes and reunite with their families.
We fully support your desire to monetize city assets. The one-year extension provides the city adequate time for the sale process and provides FAM adequate time to find a new location in a 1% vacancy market.
Please support this request. We will diligently use the time to relocate and help the city monetize the asset. '~au,
Elizabeth Andrade, CEO
FAM Family Assistance Ministries
u As quoted in the July 6, 2022, San Clemente Times article titled QC Grand Jury Says South QC Needs Emergency Homeless Shelter 13 As noted in the City of San Clemente 2021-2029 Housing Element, Gilchrest House provides transitional housing for women with or without children. Services include life skills classes, parenting skills classes, support groups, case management, budgeting, debt management, goal setting, resource referrals and six months of aftercare follow-up. 1030 Calle NegQcio • San Clemente, CA 92673 • P (949) 492-8477 • F (949) 492-8081 7-19-22 / 10F-5
1 1. Name: Dennis Kamp
CITY OF SAN CLEMENTE
HUMAN AFFAIRS COMMITTEE
APPLICATION
2. How long have you lived in San Clemente? (6 - 1/2) years.
3. What is your occupation? Industry Strategist - Telecommunications
4. Please explain why you would like to serve on the Human Affairs Committee • I enjoy community service and find volunteer work personally rewarding. • The committee is helping leadership address a large, multi-faceted, complex issue, and I want to contribute to the solution, rather than simply be a bystander
5. Please explain how your background and experience would contribute to the Human Affairs committee.
• Working and residing in multiple states and countries throughout my professional career has provided a foundation for me to look at human problems through a wider lens than most not afforded that opportunity.
• Program management and strategic forward thinking, which are skills I possess, includes activities such as critical thinking, planning, acquiring stakeholder commitment, acquiring funding, and achieving results. I see parallels with the skills I use professionally with the skills needed to contribute to solutions to the large scope issues the committee addresses.
6. Please explain any expertise that you may have in the area of homelessness. • I have no specific expertise in the area of homelessness
7. What is your educational background?
• Graduate of Purdue University, West Lafayette, IN.
• Obtained a BS in Construction Engineering Technology
• Six Sigma Yellow Belt and Champion. Also, obtained a plethora of professional development in the discipline of program management.
•
8. Please explain any experiences that you have in community, governmental, charitable, or educational affairs.
• Board member and Treasurer / CFO of the Talega HOA. Elected to the board in 2018 • Appointed to the Talega HOA Budget and Finance committee in 2016 2 CITY OF SAN CLEMENTE
HUMAN AFFAIRS COMMITTEE
APPLICATION ■ Active Member in the Project Management Institute, sharing insights and best practices with tomorrow's managers
9. The Human Affairs Committee meets on a regular basis on the second Tuesday of every other month at 3:00 p.m. Please explain any challenges, if any, you may have in meeting this commitment. ■ I do not foresee any challenges in meeting this commitment
10. Considering the city's limited financial resources, please describe your views on how the City can address human needs in the community.
■ Volunteers, and funding are both required to address our needs. I believe the city needs to increase its efforts to "sell" the short- and long-term plan, and then obtain stakeholder/s buy-in to then obtain funding through private sources, as well as county, state, and federal grants. I also believe we will need that city resident buy-in to acknowledge that this problem is the entire city's problem, and it will take the entire city's commitment to address it.
11. Please describe your understanding of the principal roles and responsibilities of the Human Affairs Committee
■ To learn, grasp, comprehend, evaluate, prioritize, and work to mitigate the problems and issues tht arise while addressing the human needs of the residents of our city. ■ To effectively communicate and work with the public, private, jurisdictional, and regulatory entities on those needs.
■ To make recommendations on actions that will resolve or mitigate the addressed issues
12. Please use this space below to explain any other factors about yourself that you would like for the Council members to consider as they review your application ■ I have an ardent desire to be engaged in city activities. This is not a new desire, as in January of this year, I applied with the city clerk's office to the 2022 Leadership San Clemente program. ■ My agenda is simply to serve the city in which I live.
1. 2.
3. 4. •
CITY OF SAN CLEMENTE
HU'MAN AFFAIRS COMMITTEE
AP PLI CATION City of San Clemente
• JUL 15 2021
Name: {) ·c [ Do Sln\(1($ vQ a.5 • City Clerk Department Howfong have you ,wed in San Clemente? __ •...... 3'"". """"'Dl-'-.~rV;.,._5=-· _·· __________ _ Whatisyouroccupatiori? ~Ho ___ -___ ---~--.(;:,l"m ...... • ..... a~ . ...... -k-·a,,.,;ir.___ ________ _ • 5. Please ex . nee would contribute to the Human ,Affairs Committee.
6. Please explain any expertise that you may have in the area of homelessness. ' .. · . . '/CL,
7. Wha 1s you • uca 10.na 'bac roun . - j :3 UA . . . . Cl t,"{2,1 High School/COileges Attended Major Field of Study Degree?
9. The Human Affairs Committee meets on a regular b.asls on the second Tuesday of every other even month at 3:00 p,m. Pleas;e explain ,my c;hallenges, lfanyJ youmayhave in meeting this commitment.
No pmbkm a.i:Jwd,:':.f tJw. ruMi'bf
10. Con~ldering the ·City's limited financial resources, please describ.e your views on how the City can address . human needs in the community.
11. 12.
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Pleas u·se the, ace belowtp expfarn any other factors about yourself that you woufd I e for the Councirmembers to conslder·as theyreview your appltcatlon.
CITY OF SAN CLEMENTE
HUMAN AFFAIRS COMMITTEE
APPLICATION
1. Name:
Jill R. Schachter
2. How long have you lived in San Clemente? 8 years -~----------------------
3. What is your occupation? Heritage Law, LLP (Partner)
4. Please explain why you would like to serve on the Human Affairs Committee.
I am concerned about the welfare of our residents, especially our youth and adolescents. Mental health services for young adults and teens is sorely lacking. We need to work to create more resources and support systems. Increases in drug use, depression, and suicide have been documented the last couple years of the pandemic. We need to address these issues and find solutions to support our youth.
5. Please explain how your background and experience would contribute to the Human Affairs Committee.
I have served on many boards and non-profits throughout my life and career as an attorney. I volunteer and speak all over Orange County about probate issues (estate planning, conservatorships, guardianships, special needs trusts). Personally, my 16 year-old son has recently struggled with depression and suicidal ideations, which makes me well aware of the struggles parents are facing. I also work with clients through the courts to support and protect their vulnerable family members.
6. Please explain any expertise that you may have in the area of homelessness.
I work with a number of non-profits that provide supplies, food, and housing option for the less fortunate.
I have worked with families navigating the LPS conservatorship process for their mentally ill and homeless family members. Again, mental health issues are a major concern and prevalent in the homeless population. Finding the resources as well as building a better/safer community outreach program is key.
7. What is your educational background?
High School/Colleges Attended Major Field of Study Degree? Whittier Law School Law JD
Southern Methodist University Economics BS
Hockaday School, Dallas TX Gen Ed HSD
8. Please explain any experience that you have in community, governmental, charitable or educational affairs.
Charitable experience: Third and Long Foundation: underpriveleged youth in Kansas City; Orange Catholic Foundation: Planned Giving Committee and Wills & Trusts presentations; Ronald McDonald House Charities SC and Goodwill Industries SC: Wills & Trust presentations; Attorney (and prior board member) of Center for Environmental and Heath Protection, Silicon Valley Music Festival, and United Against Illiteracy.
9. The Human Affairs Committee meets on a regular basis on the second Tuesday of every other even month at 3:00 p.m. Please explain any challenges, if any, you may have in meeting this commitment.
I do not see any challenges with this other than family emergencies and court hearings/trials that I must attend (which is rare). My son plays golf at the municipal course every Tuesday from 3-5:30 or 6:00 so the meeting times coordinate perfectly.
10. Considering the City's limited financial resources, please describe your views on how the City can address human needs in the community.
With limited resources, focusing on community involvement through volunteer programs and opportunites, working with non-profits, our local businesses, and local churches/synagogues to provide support and resources, can all help allevaite the financial burden of supporting our community needs.
11. Please describe your understanding of the principal roles and responsibilities of the Human Affairs Committee.
Working with various entites and agencies, both public and private, to identify issues and seek resources for affordable housing, homelessness, mental health care, elder and youth protection and safety, as well as a variety of other social and support related issues for our residents.
12. Please use the space below to explain any other factors about yourself that you would like for the Council members to consider as they review your application.
I made my home in San Clemente because of my love for this community. As we continue to grow, I want to ensure that we are providing the best opportunites and support for our residents, while making strategic and well planned decisions for the future of our town.
CITY OF SAN CLEMENTE
HUMAN AFFAIRS COMMITTEE
APPLICATION
1. Name:
Aaron T Washington Jr.
2. How long have you lived in San Clemente? 17 years -~----------------------
3. What is your occupation? Deputy Program Manager
4. Please explain why you would like to serve on the Human Affairs Committee.
I want to serve on a different committee to gain diverse experience, and contribute to resolution in support of City Council. I enjoy serving our community and have a life of service, and love serving especially with diverse teams.
5. Please explain how your background and experience would contribute to the Human Affairs Committee.
My background of service in the Navy for 35 years, managing people, budgets, and assets, coupled with my previous experience as Vice President of Operations for a company called Naval Coating Inc.
As VP I managed personnel and resources, and served as a member of the companies HR department, along with collateral duties assisting the Finance Department in processing Account Receivables/Payables.
6. Please explain any expertise that you may have in the area of homelessness.
I have no official experience in the managing innitiatives in improving homelessness. I have toured non-profit sites such as FAM when I was campaigning in 2020, and have grown to know a few of our local homeless citzens. This is something I am very interested in, and want to be part of any effort to get our nieghboring cities to partner with San Clemente in initiatives to provide some solutions to the Boise versus Martin issue.
7. What is your educational background?
High School/Colleges Attended Major Field of Study Degree? Capella University Business BS
Columbia College General AA
8. Please explain any experience that you have in community, governmental, charitable or educational affairs.
Board of Director Member for PierPride--San Clemente (Decmeber 2021 to present) San Clemente BPRCA Commissioner (2021)
Board of Director Member San Clemente Men's Golf Club (2015 to present) Serve as Alternate on the OCGOP for the Honorable Diane Harkey (2021 to present)
9. The Human Affairs Committee meets on a regular basis on the second Tuesday of every other even month at 3:00 p.m. Please explain any challenges, if any, you may have in meeting this commitment.
None
10. Considering the City's limited financial resources, please describe your views on how the City can address human needs in the community.
I feel that the city can work towards joining efforts with neighboring cities, and leverage non-profits that support homelessness. (I think the city is already working towards these types of solutions, and I understand that this is not a simple task and that not one size does not fit all). Look forward to brainstorming with other professionals in our community already serving on the Human Affairs Committee.
11. Please describe your understanding of the principal roles and responsibilities of the Human Affairs Committee.
My understanding is that the HR Committee will be assign taskings to address issues like Homelessness and will work with Staff to review and recommend solutions to not only improve Homelessness, but any issue affecting HR as assigned by the Council.
12. Please use the space below to explain any other factors about yourself that you would like for the Councilmembers to consider as they review your application.
I am running for City Council 2022, but nothing is guaranteed and I want to serve our city in any capacity the city will use me. I have the time and the drive to be an active contributing member.