San Clemente City Council
August 16, 2022

Based on this information, the Committee selected Don Brown and Fred Swegles as the 2022 honorees. Attached is background information on the honorees as submitted by the nominators that describe their many outstanding contributions to the community.

Upon City Council approval, the Wall of Recognition Committee would request the Mayor honor Don Brown and Fred Swegles with certificates of recognition. A plaque for each honoree will then be mounted permanently on the "Wall" at the Community Center.

Action: WALL OF RECOGNITION COMMITTEE RECOMMENDS THAT the City Council 1) approve the selection for the 2022 recipients, Don Brown and Fred Swegles to be honored on the Wall of Recognition; and 2) direct the Mayor to present the honorees with certificates of recognition.

Attachments: 1. Background information on selected recipients

2. Wall of Recognition Honorees
3:Wall of RecognitiohSummary Policy
Notification: Wall of Recognition Committee
Don Brown
Fred Swegles
Interested Parties
8-16-22 I 7D-2
1 Nominee Information:

Name of Nominee: Don Brown
Nominee Address:

Nominee Age: 78
ATTACHMENT 1
2022 Nomination
Length of time nominee has resided in San Clemente: 13 years 2 Sponsor Type:

Non-Profit Organization
3 Sponsor Information:

If sponsor is non-profit organization, organization name: PierPride Foundation If sponsor is consensus, name of sponsoring individuals (minimum of 10) whose primary residences are in the City of San Clemente: Not answered Contact Person: Eileen Kawas
Address:

Phone Number:

E.::Nfail Adcfress:---------~
4 Service to the Community:

Services provided by the nominee that benefited the community and length of time they were provided. Estimate the number of hours the nominee spent in the provision of these services. 1. PierPride - Current president, 3-year board member

2. Exchange Club - Current president, 6-year board member

3. Boys & Girls Club - 13-year board member, past president

4. S.C. Planning Commission - 11 years, 3 terms as Chairman

5. Coastal Advisory Committee - 3 years. Helped create the coastal plan for the Coastal Commission and guided
sand replenishment effotis

6. San Clemente Dons - Member since 2016

7. Casa Romantica - President's Circle
A description of why the services provided by the nominee were of value to the community and why the sponsor considers the nominee to be ideal for the Wall of Recognition. The sponsor shalJ be responsible to verify the accuracy of the information provided. Far and away, Don's greatest contribution to our community was his many years' service on the Planning Commission. Don knows more about om town than anyone. Ask him any question about our town and he will give you more detail than you thought possible. He was very involved in developing our City's master plan.
8-16-22 I 7D-3
2022 Nomination
Don's involvement with the Boys & Girls Club warrants mention. In about 2014/2015, Don assumed the role as the Board President. Shortly thereafter, the very popular Executive Director of 30 years retired and the search for a replacement began. The new Executive Director made numerous policy decisions prompting many Board Members to resign. Don was instrumental in bringing several new talented Board Members who returned the Club to greater success. 5 Additional Comments (optional):

Don retired from a career of 40 years as a combat and test pilot. His assignments include Top Gun, Navy Test Pilot School and Command of an F-18 Squadron. He retired from Boeing as a test pilot and was the Director of Flight Operations for all Boeing Airlift and Tanker Programs. His military and retirement duties demonstrate Don's ability to be a leader. Upon retirement, he moved to San Clemente and immediately began volunteering for several organizations. He has brought his leadership qualities to our town via these many volunteer organizations. Don always volunteers whenever anything needs to be done.
8-16-22 I 7D-4
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1 Nominee Information:

Name of Nominee: Fred Swegles
Nominee Address: San Clemente
Nominee Age: 73
2022 Nomination
Length of time nominee has resided in San Clemente: 65 years 2 Sponsor Type:

Consensus of 10 Individuals
3 Sponsor Information:

If sponsor is non-profit organization, organization name: Not answered If sponsor is consensus, name of sponsoring individuals (minimum of 10) whose primary residences are in the City of San Clemente: Mike Chamberlin Tom Marshal
Barbara Chamberlin
Don Kindred
Ann Batty
Steve Swegles
Roger More
Nina Welch
Shelly Kindred
Donia Moore
Contact Person: Mike Chamberlin
Address:

Phone Number:

E-Mail Address:
4 Service to the Community:

Services provided by the nominee that benefited the community and length of time they were provided. Estimate the number of hours the nominee spent in the provision of these services. If ever there were a "Mr. San Clemente" it would be Fred Swegles.

Fred Swegles was raised in San Clemente has been a writer for the San Clemente Sun Post, The Orange County Register and the San Clemente Times. In some ways he is a SC historian, both with words and photos over the years. He graduated from San Clemente High School in 1966, graduated with honors from USC with a Journalism degree. He has traveled the world is search of sister cities bearing the name San Clemente. I truely beli4ve no one has ever loved this city more than Fred Swegles. 8-16-22 I 7D-5
2022 Nomination
A description of why the services provided by the nominee were of value to the community and why the sponsor considers the nominee to be ideal for the Wall of Recognition. The sponsor shall be responsible to verify the accuracy of tl1e information provided. No San Clementean is more 'read' than Fred. Thousands of newspaper columns on issues that have affected the community for decades. His tireless commitment to endless city council meetings, planning committee meetings ... all so San Clementeans could be informed on a non partisian basis. To put it best, I have known Fred for over 50 years and I stll don't know hispersonal politics. 5 Additional Comments (optional):

After five dacdes of service to San Clemente, I feel Fred's name is worthy to be listed among the elite on the Wall of Fame. He has done so much for so many. Now, I believe, it is time for the city to do something everlasting for Fred Swegles. 8-16-22 I 7D-6
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NOMINATION OF FRED SWEGLES FOR THE

WALL OF RECOGNITION
(A) Nominee:

Fred Swegles
San Clemente, CA 82672
(B) Sponsor & Contact:

Mike Chamberlin
(C) Mike Chamberlin has been a resident of San C emen e smce 1966.
(D) If there is a ''Mr San Clemente." it would be Fred Swegles, A writer for the San Clemente Sun Post for almost 50 years. A graduate of San Clemente High School in 1966, Fred then attended USC on Scholarship, graduating with honors. He was recruited by every major magazine in America, but passed over all of them to spend the next five decades covering city and planning meetings, main street events and human interest stories that pertained to San Clemente.
(E) In his 50 years at the Sun Post, Fred has written tens of thousands of articles that make up the fabric of San Clemente.

From his "Sunny Sez" to the "SC Citizen of the Day" to countess city council meetings, Fred's never ending dedication to San Clemente is well documented. If my math is right, he has attended over 2,600 city council meetings in his near 50 years at the Sun Post. Each meeting resulted in a story. It's almost impossible to walk down A venida Del Mar with Fred, without citizens
continually saying "Hi Fred," as they passed. He's a San Clemente gem!
8-16-22 / 7D-7

PETITION OF CITIZENS FOR RECOGNITION OF FRED

SWEGLES FOR THE WALL OF RECOGNITION
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uJ , s ~ J ChLA ;J@.]? tv /4d _xr
1)ri ,k~ r c§ c ;:;iii J (I,;./ 1/-L - J2 IJ:r'ji iJ f1tvL- - ~Nt ii&n cSc ottlt~& tt11l?Jb
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8-1 6-22 I 7D-8
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
- - 2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
Currently, there are 42 individuals named to the Wall. They include:

Max Berg
Leo F. Fessenden
Anthony R. "Tony" DiGiovanni
William A. "Mac" McGilligan
Richard Thomas Steed
Arlie Waterman
Don R. McCanne, M.D.

Lee Steelman
Dorothy Fuller
Jan Sener
R. Stan Manning
Eleanor Yutzi
Dick Arons
Peggy Stroud
Ralph Klaasen
Woodrow "Woody" Chesney Stingley
Wilma Bloom
Jim Johnson
Julie DiGiovanni
Richard "Rod" Rodriguez
Agnes Nesbitt
Pete McKenzie
Jim Holbert
Rex Tyner
Ann Hansen and Don Hansen
Bertha Henry Taylor
Joe Anderson & Mary Anna Anderson
Dr. William "Bill" Thomas
Tony Carbonara
Ruth DeNault
Betty Limberg
Jim Nielsen
Robert "Bob" Hayden
Gus Gialamas, MD
Peggy Vance
Lou Leto
Lori Donchak
Ed Stewart
Don Glasgow
Louisa "Lisa B." Spinelli
ATTACHMENT 2
8-16-22 / 7D-9

CITY OF SAN CLEMENTE

WALL OF RECOGNITION
(Summary of Policy)
ATTACHMENT 3
In recognition of the outstanding efforts of individuals who dedicate time and effort to the betterment of the community, the City of San Clemente has established a Wall of Recognition, located in the lobby of the Community Center, 100 North Calle Seville. The contributions and selfless efforts of these individuals have made t he City of San Clemente a more productive and enjoyable place to live, work and play.

In February of each year, the City accepts nominations, from non-profit organizations or groups consisting of 10 or more individuals, of any person who meets the qualifications, as listed below, to be recognized on the Wall of Recognition. A review committee, comprised of a representative of the City Council, the Beaches, Parks and Recreation Commission, the Human Affairs Committee, City staff, and past recipients of the award reviews the applications and makes a recommendation to City Council. The recipient chosen is permanently honored on the Wall with a plaque describing the contributions of the individual.

Guidelines for Sponsorship
In order for a nominee to be considered for the Wall of Recognition, he/she must be sponsored by a group in the following manner:
a. Non-Profit Organization: The nominee is sponsored by an organization registered with the State of California as a not-for-profit community organization, exempt under Section 501 (c) {3) of the Internal Revenue Code; or b. Consensus: The nominee is sponsored by a minimum of 10 individuals whose primary residences are in the City of San Clemente.

Qualifications of the Nominee to be Recognized on the Wall of Recognition a. The nominee must be a resident (primary residence) of the City of San Clemente for a minimum of 10 years.
b. Service to the community must have been performed in the City or can be adequately shown to have directly benefited the City.
8-16-22 I 7D-10
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Wall of Recognition Policy
Submittal Requirements
The following items shall be included in the request to recognize a nominee on the Wall of Recognition. The request shall be limited to one (1) single-sided 8 1/2" by 11" typewritten page.
a. Name, address and age of individual nominated.
b. Name and address of the sponsor(s) and the name and address of the contact person who wi ll represent the sponsor. Only one individual shall be listed as the contact person. For nominees being sponsored by a consensus group, the list of sponsoring individuals can be submitted on a separate sheet of paper. c. Length of time the nominee has resided in the City (primary residence). d. Services provided by the nominee that benefited the community and length of time they were provided. Estimate the number of hours the nominee spent in the provision of these services-. - --
e. A description of why the services provided by the nominee were of value to the community and why the sponsor considers the nominee to be ideal for the Wall of Recognition. The sponsor shall be responsible to verify the accuracy of the information provided.

Application Deadline
Written nominations may be submitted to the Beaches, Parks and Recreation Department, 100 N.

Calle Seville, San Clemente, CA 92672. The deadline for submittals is 5:00 p.m. on the last Thursday of February each year. Submittals received after the deadline will be returned to the sponsor unopened.

Should you need further clarification regarding qualification and submittal requirements, please call the Beaches, Parks and Recreation Department at (949) 361-8237.

Page2
8-16-22170-11
Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: August 16, 2022
Community Development - Planning Division
Sara Toma, AICP, Senior Planner
Agenda Item 8 ft:

Approvals:

City Manager f.Ji? ~ Dept. Head C(;}/)
Attorney __ _
Finance ~
CONSIDERATION OF ESTABLISH/NG A PROCESSING FEE FOR URBAN LOT SPLIT AND TWOUNIT PROJECT APPL/CAT/ON Fiscal Impact: None. The proposed fee will offset the costs to the City of processing the Urban Lot Split and Two-Unit Project application.

Summary: Staff recommends that the City Council adopt a Resolution establishing a processing fee for Uroan Lot Split-and-Two-unif ProJect application fee.

Background: Senate Bill ("SB") 9 became effective January 1, 2022. SB 9 requires ministerial approval of housing development with no more than two primary units in a singlefamily zone, the subdivision of a parcel in a single-family zone into two parcels, or both. On December 7, 2021, the City Council adopted Urgency Ordinance No.1723 adding Chapter 16.50 and 17.86 and Amending Section17.52.020 of the City of San Clemente's Municipal Code regulating Urban Lot Splits and Two-unit Projects under SB 9 (Attachment 3). Per the Urgency Ordinance, the City Council may adopt a resolution establishing application fees to recover the permit processing cost.

Discussion: The City is authorized to charge a fee that does not exceed the estimated reasonable costs of processing an application. Staff conducted a fee analysis to determine the labor costs for each department required to review the application through a step-by-step process of that review (Attachment 2). Urban Lot Splits and Two-Unit Projects have historically been unpermitted in the City prior to SB 9 and, therefore, Staff is unable to analyze historical data to evaluate cost and projections for the anticipated number of permit applications. Since SB 9 went into effect in January, there has been a handful of interested applicants; however, an official application has not been submitted to the City. Staff anticipates to process one to two application(s) per year. Based on the fee analysis, staff recommends the Urban Lot Split and Two-unit Project application processing fee be established at $4,421.10 per application.

CEQA: Staff recommends the City Council find that this is not a project defined by the California Environmental Quality Act ("CEQA") pursuant to Section 15378(b)(4) as the action relates to the creation of government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant impact on the environment.

Community Development Agenda Report 8-16-22 I 8A-1
Council Agenda Report - Fee for Urban Lot Splits and Two Unit Project Application Page 2 Recommended
Action: STAFF RECOMMENDS THAT the City Council adopt a Resolution entitled, "A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, ESTABLISHING A FEE FOR THE PROCESSING OF URBAN LOT SPLIT AND TWO_-UNIT PROJECT APPLICATION UNDER SENATE BILL 9; AND

FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL ACT (CEQA).

Attachments:
1) Draft Resolution
2) Permit Fee Analysis for Urban Lot Split and Two-Unit Project 3) Urgency Ordinance No.1723
Notification: Public notice was published in the San Clemente Times per City and State requirements.
8-16-22 I 8A-2
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ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ESTABLISHING A PERMIT
FEE FOR PROCESSING URBAN LOT SPLIT AND TWOUNIT PROJECT APPLICATION UNDER SENATE BILL (SB) 9; AND FINDING THE ACTION TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT ((3-~QA)
,,-.---,'-::!'
WHEREAS, the City of San Clement, Californi~ .. ("City") is a municipal corporation, duly organized under the constitution and l~fs of St~te of California; and .. WHEREAS, in 2021 , the California Legislature. approved, and the Governor signed into law Senate Bill 9 ("SB 9"), which .among other things, adds Government Code Section 65852.21 and 6641 1.7 to impose· new limits on local authority to regulate urban lot splits and two-unit project; and •
WHEREAS, the State of "California adopted SB 9, an act that requires ministerial approval of housing development with no more than two primary units in a single-family zone, the subdivision of a ·parcel in a single-family zone into two parcels, or both; and \
WHEREAS, SB 9 takes effect JanJary ·1, 2022, and preempts any conflicting City regulations; and
WHEREAS, Ori December 7, 2021, the City Council of the City of San Clemente adopted Ordinance No. 1723 establishing regulations and application procedures for Urban Lot ,$.p!Jt angJwo-unit Project; and
WHEREAS, brdirwnce No. 1723 requires that at the time an application is submittedL,t~e applicant·iirll pay a processing fee; and :-_;,_
WHEF{E~S, it is th~ desire of the City Council of San Clemente to establish by Resolution, ail equitable fee to process the application for Urban Lot Split and Two-unit Project; and
WHEREAS, the City has determined that the figure of $4,421.10 represents the costs borne by the City in processing each Urban Lot Split and Two-Unit Project application, and that the $4,421.10 amount should be recovered through the establishment of a permit processing fee for each application; and WHEREAS, if the City Engineer determines that the project requires further analysis of a geotechnical study for slope stability or other hazards, as necessary for California Environmental Quality Act (CEQA) and determination of the scope of grading needed for the project, such studies will be submitted by the applicant and reviewed by 55452.01400\32422361 .1 8-16-22 I 8A-3
Resolution No. Page 2
the City and/or its Consultant plan checkers under a Time & Material cost/basis. This fee would need to be Time & Material Deposit due to the scope and complexity of the analysis would be different for each project.

WHEREAS, the City Council of San Clemente finds and determines that the fee set forth herein shall cover, but not exceed, the estimated reasonable cost of providing the service for which the fee is charged;
WHEREAS, the City has noticed this Public Hearing in compliance with Government Code section 66016 and all other legal requiremer{fs'have been satisfied.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Clemente as follows:

Section 1. That, the Recitals set forth / ove0 are true and correct and are incorporated into this Resolution by this refere_nci.

Section 2. The City Council finds. that 'l fiis is2~ot ,a project d,elined by the California Environmental Quality Act ("CEQA") pur~U~~nr to Section 15378(b )( 4) as the action relates to the creation of government funding m"':echanisms or other government fiscal activities which do not involve any "'commitment to ''§'oY:~pecific project which may result in a potentially significant physical impactg_n the envfffft\h:ieht.

Section 3. The permit processing f~e id~1u;r~~an ~of ;plit and Two-unit Project thereof in the City sha11 ,o·· .$4,421.08 p(;lr~applicati6'.rl,¥ 7 and the City is authorized to
collect from each applicant ee as set fortJ;i herein . ..;- Section 4. • The $4,42,.;. 8 permit p;8bes'sing fee shall be exclusive of, and in addition to other previously e,sfa~Ji§b..E:1,<;tJ~es _gharged by the City and other agencies or - ·~; -~-«;;·'-:;:s;:1~'.n=····-::l s·.;'.'-'"'""<"·;::Jl\~~,. departments, such as the cc'Q!angef'0~GOQl:jty Clerk-Recorder and the Public Works Department of the City of San:,·;:.: emente. •
Section 5. If any provis1 ~. of this Resolution or the application of any such ; }.',.!..·" provision to any person or t ircurrfstance is held invalid, such invalidity shall not affect other provisions or applicat.i,ons of this Resolution that can be given effect without the invalid provision or applicaJlon, and to this end, the provisions of this Resolution are severable. The City Council declares that the City Council would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

Section 6. The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at San Clemente City Hall, 91 O Calle Negocio, San Clemente, CA 92673. The City Clerk is the custodian of the record of proceedings.

Section 7. Within five (5) working days after the passage and adoption of this Resolution, the City Council hereby authorizes and directs staff to prepare, execute and file with the Orange County Clerk a Notice of Exemption relating to this action. 55452.01400\32422361. I 8-16-22 / SA-4
Resolution No. Page 3
Section 8. This Resolution shall take effect immediately upon its adoption s5452.0I400l32422361.1 8-16-22 / 8A-5
Resolution No.

PASSED, ADOPTED and signed this 16 day of August, 2022.

ATTEST:

City Clerk of the City of
San Clemente, California
55452.01400132422361.1
Mayor of the City of
San Clemente, California

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8-16-22 I 8A-6
Resolution No. Page 5

STA TE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. ___ _ was adopted at a regular meeting of the City Council of the City of San Clemente held on the 16 day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set~fny hand. and affixed the official seal of the City of San Clemente, California, this ,
1ffL. day of
• CITY CLERK of the City of
• "San Clemente, California
Approved as to form:
.;t\:: :: ••
.,;' :·
City Attorney ./s:r1,{
ss4s2.01400\J242236u 8-1 6-22 / 8A-7

SUMMARY
Urban Lot Split and Two-Unit Project
Permit Fee Analysis
ATTACHMENT 2
The following permit fee analysis demonstrates staff's review time to process an Urban Lot Split and Two-Unit Project under Senate Bill 9 {SB 9}. Because the application includes the subdivision of property, three primary departments will be responsible for processing this permit, the Community Development Department, Public Works Department, and the Orange County Survey Department. The analysis below is limited to City staff time for application intake, project review, coordination with Orange County Survey Department, and final decision on the application. Please note, this fee analysis does not include County of Orange's processing fee for a Tentative Parcel Map and/or Final Map recordation review; and any other County fees associated with this type of permit.

PERMIT FEE ANALYSIS
SB 9 requires that an application move through the City permit process in its entirety without a public ·hearing;Staff has taken into consideration the City's current review process in relation to SB 9 andthe Subdivision Map Act requirements. The subdivision map permit has three main steps that need to occur:

1. Tentative Parcel Map,

2. Final Map, and

3. Recording Subdivision with the County of Orange Recorder's Office In order to comply with the Subdivision Map Act, which is a requirement for the Urban Lot Split and TwoUnit Project per the City's Urgency Ordinance No.1723, the Community Development Department and Public Works Department coordinate on processing a Tentative Parcel Map. The Public Works Department and Orange County Survey Department will process the Final Map and the applicant will be required record the map with the County of Orange Recorder's Office.

APPLICATION REVIEW PROCESS
The following is a step-by-step permit process from intake of the application to the fin al map recordation. Each step takes into consideration staffs review time and includes overhead costs.

Step 1: Intake Application
The Community Development Department {Planner-Assistant/ Associate) will intake the Urban Lot Split and Two-unit Project application and verify for completeness. This includes, but not limited to, confirming the subject property meets City's SB 9 Ordinance requirements (i.e. property is zoned for single family), ensuring the application is filled out correctly, signed by applicant and/or property owner, and all required documents are included.

The Community Development Technician will enter the application into the City's permit tracking software program (Trakit) and process the required payment. The account status is set to "pending" in Trakit. Then the project is assigned to the Senior Planner. 1 8-16-22 I 8A-8
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ATTACHMENT 2
Step 2: Application Process Review
The Senior Planner will be responsible for coordinating with the applicant, staff from other departments, and ensuring the project is on schedule and moving through the City's review process. The first part of the review process will be to route the application to the City's Development Management Team (DMT) for review. Per SCMC 16.12.080 (Tentative Map Processing), the Development Management Team (DMT) shall review the application for consistency with Title 16 (Subdivisions). Due to the complexity of such projects, staff anticipates a minimum of two meetings for staff to review and provide comments to the applicant.

The Senior Planner will be responsible for compiling DMT's comments and/or conditions of approval into a completeness letter for the application. The letter will consist of each department's comments to be addressed by the applicant prior to moving forward with the project.

Step 3: Tentative Parcel Map Application Review
Planning Division
During the DMT review process, the Senior Planner will conduct a thorough review based on the -- proposed project description: Per the City's Urgency Ordinance under Chapter 16:50,17.86; and·

17.52.020 of the City of San Clemente's Municipal Code regulating specific requirements to be met prior to the application moving forward with the staff's recommendation of an Urban Lot Splits and Two-Unit Project. Table A: Personnel Costs demonstrates the Planning Division review time and cost associated with the project review and project management.

Public Works
During the DMT review process, Assistant City Engineer will conduct a thorough review based on the proposed project description. Per the City's Urgency Ordinance under Chapter 16.50,17.86, and

17.52.020 of the City of San Clemente's Municipal Code regulating specific requirements to be met prior to the application moving forward with the staff's recommendation of approval of an Urban Lot Splits and Two-unit Projects. Table A: Personnel Costs demonstrates Public Works review time and cost associated with the project review.

The City Engineer may require a geotechnical study for slope stability or other hazards, in order to ensure both lots will be buildable, and in order to determine the scope of grading needed for the project. Any such studies will be submitted by the applicant and reviewed by the City and/or its consultant plan checkers under a Time & Material cost/basis. This fee would need to be Time & Material Deposit due to the scope and complexity of the analysis that would be different for each project.

Step 4: Tentative Parcel Map Project Approval or Denial The Senior Planner will draft an approval or denial letter. Senior Planner will notify the applicant of the fin al decision, and inform them to proceed with Final Parcel Map processing with the Public Works Department and the Orange County Survey Department, if approved. 2 8-1 6-22 I 8A-9
ATTACHMENT 2
Step 5: Final Parcel Map Processing and Recordation
Public Works will review the Final Parcel Map application package to determine completeness. Assistant City Engineer will plan check the Final Parcel Map for compliance with City codes. In accordance with our agreement with the County of Orange, staff will concurrently direct applicants to submit separately to the Orange County Survey Department for formal Final Parcel Map review and approval of the technical aspects of the Map per the Subdivision Map Act. The County review fee will be per their latest application Fee Schedule and is not a part of this permit fee analysis. Once the County and City are ready to approve the Final Parcel Map, the City Engineer is required to sign the final document and transmit it to the applicant's title company for final County processing and recordation. Table A (Personnel Costs) demonstrates Public Works review time and cost associated with the project review and project management.
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ATTACHMENT 2
Table A: Personnel Costs
Loaded Hours By Total Labor
Department Position Hourly Position Costs
Step 1: Intake Application
Planning Community Development Technician $64.81 0.50 $32.41 Planning Assistant/ Associate $82.71 0.75 $62.03
Step 2-3: Application Process Review and Application Review Planning Senior Planner $95.74 20* $1,914.80
* The estimated 20 hours for Senior Planner review has the following breakdown:
• DMT Meetings (estimated 2 meetings)
• Project Review
• Incomplete Letter
• Correspondence with Applicant/project team
Public Works Assistant City Engineer $141.46 8* $1,131.68 ;rTheestimatea 8 hours for Senior Planner review has the following breakdown:
• DMT Meetings (estimated 2 meetings)
• Project Review
• Correspondence with Applicant/project team
Step 4: Tentative Parcel Map Project Approval or Denial Planning Senior Planner- Final letter $95.74 1 $95.74
Step 5: Final Parcel Map Processing and Recordation
Final Map Assistant City Engineer $141.46 6 $848.76
Public Works Director/City Engineer $167.84 2 $335.68
Total Labor Costs: $4,421.10
Note: Fees noted above do not include development impact, construction, or other such fees that are already required per other City codes. Impact Fees may be charged prior to approval of the Final Parcel Map. 4 8-1 6-22 I SA-11
---- - - --- --- - - ---------------- - -- -~ ------
URGENCY ORDINANCE NO.1723

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SAN CLEMENTE ADDING CHAPTERS 16.50
AND 17.86 AND AMENDING SECTION 17.52.020 TO THE

SAN CLEMENTE MUNICIPAL CODE TO REGULATE

URBAN LOT SPLITS AND TWO-UNIT PROJECTS UNDER
SB 9; AND FINDING THE ACTION TO BE EXEMPT FROM
CEQA
WHEREAS, the City of San Clemente, California ("City") is · a municipal · corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in 2021, the California Legislature approved, and the Governor signed into law Senate Bill 9 ("SB 9"), which among other things, adds Government Code section 65852.21 and 66411. 7 to impose new limits on local ~uthority to regulate urban lot splits and two-unit projects; and
WHEREAS, SB 9 allows local agencies to adopt objective zoning, subdivision, and design review standards for urban lot splits and two-unit projects; and WHEREAS, SB 9 takes effect January 1, 2022, and preempts any conflicting city regulation; and •
WHEREAS, the City desires to amend its local regulatory scheme to comply with Government Code sections 66411.7 and 65852.21 and to appropriately regulate projects under.SB 9; and
WHEREAS, tnere is a ·current and immediate threat to the public health, safety, or ,welfare based 9n the passage of the new SB 9 Law because if the Cify does not adopt appropriate objective standards for urban lot splits and two-unit projects under SB 9 as of January 1, 2022, the City would thereafter be limited to applying the few objective standards that are already in its code and that d? not conflict with SB 9, which did not anticipate and were not enacted with urban lot splits and ministerial two-unit projects in mind; and
WHEREAS, the approval of urban lot splits and two-unit projects based solely on the City's default standards, without appropriate regulations governing lot configuration, unit size, height, setback, landscape, architectural review, among other things, would · threaten the character of existing neighborhoods, and negatively impact property values, 8-16-22 I BA-12
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Urgency Ordinance No. 1723 Page 2
personal privacy, and fire safety. These threats to public safety, health, and welfare justify adoption of this ordinance as an urgency ordinance to be effective immediately upon adoption by a four-fifths vote of the City· Council; and WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this ordinance as an urgency measure in accordance with Government Code section 36937, subdivision (b).

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

Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. Under California Government Code sections 65852.21, subd. U), and 66411.7, subd. (n), the adoption of an.ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating urban lot • ~ lits and two-unit projects is statutorily ex-empt from tne requirementsof the~Califom,a Environmental Quality Act ("CEQA"). Therefore, adoption of this ordinance is statutorily exempt from CEQA because it implements these new laws enacted by SB 9.

Section 3. The San Clemente Municipal Code is hereby amended as indicated in Exhibit A, attached hereto and incorporated herein by reference.

Section 4. This ordinance takes effect immediately upon its adoption.

Section 5. If any provision of this ordinance or its application to any person or circumstance is held to be 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 resolution are severable. The City Council declares that it would have adopted this ordinance irrespective of the invalidity of any portion thereof.

Section 6. The City Council hereby directs staff to prepare, execute, and file with the Orange County Clerk a notice of exemption within five working days of the adoption of this ordinance.

Section 7. The custodian of_ records for this ordinance is the San Clemente city clerk, and the records compromising the administrative record for this ordinance are located at 910 Calle Negocio, San Clemente, CA 92673.
(Continues on next page)
8-16-22 I 8A-13
Urgency Ordinance No. 1723
APPROVED AND ADOPTED this 7th day of December, 2021 .

ATTEST:
ity Clerk of the City of
San Clemente, California

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1-~rgency Ordinance No. 1723 Page 4

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, hereby certify that Urgency Ordinance No. 1723 was duly passed and adopted at a regular meeting of the City Council held on the 7th day of December, 2021, and said ordinance was adopted by the following vote:

AYES: DUNCAN, FERGUSON, KNOBLOCK, WARD, MAYOR JAMES
NOES: NONE
ABSENT: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _l;;rl-1 day of December, 2021. an Clemente, California
APPROVED AS TO FORM:
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Urgency Ordinance No. 1723

EXHIBIT A
Amendments to Municipal Code
(follows this page)

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Urgency Ordinance No. 1723 Page 6
) Chapter 16.50 is hereby added to the San Clemente municipal c·ode to read as follows: . .

Chapter 16.50 - State-mandated Subdivisions.

Section 16.50.010 - Urban Lot Splits.

A. Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411. 7.

B. Definition. An "urban lot split" means the subdivision of an existing, legally subdivided lot into two Lots in accordance with the requirements of this section.

C. Application.

1. Owners.
... . ............ a. . Only~individual:property owners mayappiy-for _an::urbanJot:split. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S cotp, etc.) except for a community land trust (as defined by Rev. & Tax Code§ 402. l (a)(l l)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15). -------- ··---·--·------ --------- i
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2. b. Any person with a mortgage interest in the lot to be split under this section must sign the application and the parcel map indicating the person's consent to the project.

An application for an urban lot spJitmust be submitted on the city's approved form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

3. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application. •
D. Approval.
l. An application for a parcel map for an urban lot split is approved or denied ministerially, by the 9irector o_f community development, without discretionary review.
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Urgency Ordinance No. 1723 Page 7

2. A tentative parcel map for an urban lot split is approved ministerially if it complies with -all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires three inonths after approval.

3. The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

4. The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code.

E. Re9uirements. An urban lot split must satisfy ea_ch of the following require~ents:

1. Map Act Compliance.
···· a. - · ·· The-urban lotsplitmust conform to allapplicableobjective requirements of the Subdivision Map Act (Gov. Code§ 66410 et. seq., "SMA") and implementing.requirements in this title, except as othe1wise expressly provided in this section. •
b. If an urban lot split violates any part of the SMA, the city's subdivision regulations, including this section, qr any other legal requirement:
(i) The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.
(ii) The city has all the remedies available to it under the SMA, including but not limited to the following:
(A) . An action to enjoin any attempt to sell, lease, or finance the property.
(B) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(C) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine ofup to $10,000, or both; or a misdemeanor. \
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(D) Record a notice of violation.
(E) Withhold any or all future permits and approvals.
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2. c. Notwithstanding section 6641 1. 1 of the SMA, no dedication of tights-ofway or construction of offsite improvements is required for an urban lot split.

Zone. The lot to be split is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is all<;>wed as a primary use is a single residential dwelling on a lot.

3. Lot Location.
a. The lot to be split is not located on a site that is any of the following:
(i) Prime fannland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
(ii) A wetland.
•···· (111) Within a very hignfire nazara severity zone, unless tne site:::::- complies with all fire-hazard mitigation measures required by existing building standards.
(iv) A hazardous waste site that has not been cleared for residential use. (v) Within a delineated earthquake fault zone, unless all development 1 I
on the site complies with applicable seismic protection building +-------------- ~---cu-de-stam:lards:.- - - - ------ - ----- - - - --- - --- ( vi) Within a 1 QO-year flood hazard area, unless the site has either:
(A) been subject to a Letter of Map Revision prepared by the · Federal Emergency Management Agency and issued to the local jurisdiction, or
(B) meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
(vii) Within a regulatory floodway, unless all development on the site has received a no-rise certification.
(viii) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
(ix) Habitat for protected species.
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Urgency Ordinance No. 1723 Page 9
(x) Land under conservation easement.
b. The purpose of subpaii E.3.a above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)- (K). (See Gov. Code§ 66411.7(a)(3)(C).)
c. The applicant must provide evidence that the requirements of Government • Code section 65913.4(a)(6)(B)-(K) are satisfied.

4. Not Historic. The lot to be split must not be a historic prope1iy or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.

5. No Pdor Urban Lot Split.

6. a. The lot to be split was not established through a prior urban lot split. b. The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner. "Any person acting in concert with the owner" here includes any third-party that coordinates or assists the owners of two adjacent lots with their respective lU'ban lot splits.

No Impact on Protected Housing:
· a. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
(i) Housing that is income-restricted for households of moderate, low, or very low income.
• (ii) Housing that is subject to aqy form of rent or price control through a public entity's valid exercise of its policy power.
(iii) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060-7060.7) at any time in the 15 years prior to submission of the urban lot split application.
(iv) Housing that has been occupied by a tenant in the last three years. b. As part of the urban lot split application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subpart E.6.a above is satisfied.
(i) The sworn statement must state that:
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Urgency Ordinance No. 1723 Page 10
(A) No housing that is. income-restricted for households of moderate, low, or very low income will be demolished or altered.
(B) No housing that is subject to any form of rent or price control will be demolished or altered.
(C) No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered.
(D) No housing that has been occupied by a tenant in the last three years will be demolished or altered.
c. . The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby prope1ties; and the city may require additional evidence of the applicant and o".Vller as necessary to determine compliance with this requirement.

7. Lot Size.
a. The lot to be split must be at least 2,400 square feet. b. The resulting lots must each be at least 1,200 square feet. +---- -------·re-. --t-,;Each-ofthe--resulti:ng-fots-must-be-between-60-pereent-and-40--pereent-of- ----- the original lot area. •

8. Easements.
a. Th'e owner must enter into an ease~ent agreement w1th each publicservice provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots. b. Each easement must be shown on the tentative parcel map. c.
d.

Copies of the unrec.orded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the finai map may be approved, in accordance with section D.2 above.

If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the city will provide, a ~otice of termination of the easement, which the owner may record.

9. Lot Access.
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Urgency Ordinance No. 1723 Page 11
a. Each resulting lot must adjoin the public right of way. b. Each resulting lot must have frontage on the public right of way of at least

12.5 feet.

10. Unit Standards.
a. Quantity. No more-than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under section 17.86.010 of this code, an ADU, or a JADU
b. Unit Size.
(i) The total fl,oor area of each primary dwelling that is developed on a resulting lot must be
(A) less tban or equal to 800 square feet and
(B) more tha_n 500 square feet.
(ii) A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.
(iii) A primary dwelling that was legally established prior to the urban lot split.and that is smaller than 800 square feet may be expanded to 800 squ~re 'feet after the urban lot split.
c. Height Restrictions.
(i) On a resulting lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.
(ii) On a resulting lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground flo_or; no balcony deck or other-p01iion of the second story may project into the stepback. (iii) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split. • 8-16-22 I 8A-22
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I Urgency Ordinance No. 1723 Page 12
d. Lot Coverage. Lot coverage may not exceed 50 percent of the lot. This lot coverage standard is only enforced to the extent that it does not prevent e.
two primary dwelling units on the lot at 800 square feet each. • Open Space. A minimum of 50 percent of the lot must be maintained as open space. This open space standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
f. Setbacks.
g.
(i) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
(ii) Exceptions. Notwithstanding subpart E.1 0.f(i) above:
(A) Existing Structures. No setback is required for an existing legally ~stablished strncture or for a new structure that is .. constructed in the-same l(fcaticYnanctto-tne same
dimensions as an existing legally established structure. (B) • 800 sf; four-foot s~de and tear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction ofup to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any
strucfure be Jess than four feet from a side or rear property liM. •
(iii) Front Setback Area. Notwithstanding any other pait of this code, dwellings that are constructed after an urban lot split must be at least 30 feet from the front property lines. The front setback areas must:
(A) · be kept free from all structures greater than three feet high; (B) be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;
(C) allow for vehicular and fire-safety access to the front structure.

Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street parking space per unit unless orte of the following applies:
(i) The lot is located within one-half mile walking distance of either 8-16-22 / 8A-23
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Urgency Ordinance No. 1723 Page 13
(A) a corridor with fixed route bus service with se1vice intervals no longer than 15 minutes during peak commute hours or
(B) a site that contains
-(1) an existing rail or bus rapid transit station,
(2) a feny terminal served by either a bus or rail transit service, or
(3) the intersection of two or more major bus routes
with a frequency of service interval of 15 minutes
or less during the morning and afternoon peal<.
commute periods.
(ii) The site is located within one block of a car-share vehicle location. h. --- Architecture,
(i) If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest p01tion of the roof.
(ii) If there is no legal primary dwelling on the lot before the urban lot split, and if two primary dwellings are developed on the Jot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
(iii) All exterior lighting must be limited to down-lights. (iv) No window or door of a dwelling that is constructed on the lot after the urban lot split may,have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. •
(v) If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

1. Landscaping.
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(i) Tree Removal.
(A) No mature tree may be removed on a lot with any
development under this section unless removal is necessary to constmcting a dwelling unit that must be allowed under state law.
(B) "Mature tree" means a tree with a diameter of six inches or more or a height of eight feet or taller.
(C) A tree may only be removed under subparagraph
E. l O.i(i)(A) above if it is replaced with at least two mature trees of the same type and with a tlunk diameter that is the same or larger than that of the removed tree.
(D) If a certified arbmist determines that there is not space on the lot for a replacement tree that is required under
subparagraph E.10.i(i)(C) above, owner may pay the
rep acement cost cifthe tree, as defofrniriedby'lbecity's tree-replacement cost schedule.
(ii) Screening. Evergreen landscape screening zymst be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows:
(A) According to a planting and irrigation pl_an that is prepared by a licensed landscape archi ec .
(B) At least one 15-gallon size plant shall be provided for every five linear feet of exterior w.all. Alternatively, at least one 24-inch box size plant shall be provided for every ten linear feet of exterior wall.
(C) Plant specimens must be at least six feet tall when installed.

As an alternative, a _solid fence of at least six feet in height may be installed. •
(D) All landscaping must be drought-tolerant.
(E) All landscaping must be from the city's approved plant list.

Nonconforming Conditions. An urban lot split is approved without requiring a legal nonconforming zoning condition to be corrected.

Utilities.
(i) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
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Urgency Ordinance No. 1723 Page 15
(ii) Notwithstanding paragraph E.1 0.k(i) above, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the city's code. Each primary dwelling unit on the lot that is or that is proposed to be ~onnected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(iii) All utilities must be underground.

1. Building & Safe.ty. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use.

11. Fire-Hazard Mitigation Measures.
a. A lot in a very high fire hazard severity zone must comply with each of the following fire:hazard mitigation measures:
(i) It must have direct access to a public right of way with a paved street with a width of at least 40 feet. The public right of way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.
(ii) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone. (iii) All enclosed structures on the site must have fire sprinklers. (iv) All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right of way or of an onsite fire hydrant or st_andpipe.
(v) If the lot does not have a swimming pool, the lot must have a Water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard·pump and hose equipment.
b. Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subpart E.l 1. The city or its authorized agent r,nust inspect the site, including all structmes on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the city's costs for inspection. Failure to pay is grounds for denying the application.

12. Separate Conveyance.
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Urgency Ordinance No. 1723 Page 16
a. Within a resulting lot.
b.
(i) Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other. (ii) Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.
(iii) All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners. (iv) No timeshare, as defined by state law or this code, is permitted.

This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of tinrn.

Between resulting lots. Separate conveyance of the resulting lots is - - -J.----------- -----;peYm1trecl-:-Ifc!Wellingsor o her·strUcfures·(sUchas·garagesY-011 Oiffoi'ent lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the strucrures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.

13. Regulation of Uses.

14. a. Residential-only. No non-residential use is permitted on any lot created by urban lot split.
b. No Short-term Rentals. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days. c. Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved.

Notice of Construction.
a. At least 30 business days before starting any construction of a strucrure on a lot created by an urban lot ·split, the property owner must give written notice to all the ovvners of record of each of the adjacent residential parcels, which notice must include the following information:
(i) Notice that construction has been authorized,
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Urgency Ordinance No: 1723 Page 17
(ii) The anticipated start and end dates for construction, (iii) The hours of construction,
(iv) Contact information for the project manager (for constrnctionrelated complaints), and (v) Contact information for the'Building & Safety Department. b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued.

Approval is ministerial._ Under state law, the City has no discretion in approving or denying a particular project under this sectio~. This notice requirement is purely to· promote neighborhood awareness and expectation.

15. Deed Restriction. The owner must record a deed restriction on each lot that results from the urban lot split, on a form approved by the city, that does each of · the following: ··
a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
b. Expressly prohibits any non-residential use of the lots created by the urban lot split.
c. Expressly prohibits any" separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
d. States that:
(i) The lot is formed by an urban lot split and is therefore subject to the city's urban lot-split regulations, including all applicable limits on dwelling size and development.
(ii) Development on the lot is limited to development ofresidential units under section 17.86.010 of this code, except as required by state law.

F. Specific Adverse Impacts.

1. Notwithstanding anything else in this section, the city may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible 111ethod to satisfactorily mitigate or avoid the specific adverse impact.
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Urgency Ordinance No. 1723 Page 18

2. "Specific adverse impact" has the same meaning as in Gov. Code § 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they· existed on the date the application was deemed complete" and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption tmder Revenue and Taxation Code section 214(g).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

G. Coa·stal Regulations Apply in Full. Nothing in this section alters or lessens the effect or application of the California Coastal Act.

Chapter 17.86 is hereby added to the San Clemente municipal code to read as follows:

Chapter l7.86 -State-mandafecl Residential Projects •·· Section 17.86.010 -Two~unit Projects
A. Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21.

Definition. A "two-unit project" means the develo'pment of two primary dwelling units ---- - -- or;ifthereis-ah·eady-a-primary-d.weHing-unit--on-the-lot-;--the-devel-opment-of-a-second------- primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.

B.

C. Application.

1. Owners.
a. Only individual property owners may apply for a two-unit project. b.
"Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1 (a)(l 1 )(C)(ii)) or a qualified nonprofit corporation (as defined by Rev. & Tax Code§ 214.15).

Any person with a mortgage interest in the lot to be developed with a twounit project under this section must sign the application indicating the person's consent to the project.
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Urgency Ordinance No. 1723 Page19·

2. An application for a two-unit project must be submitted on the city's approved fo1m.

3. The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.

4. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

5. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applfoable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

D. Approval.

1. An application for a two~unit project is approved or denied ministerially, by the director of community development, without discretionary review. •

2. The ministerial approval of a two-unit project does not take effect until the city has conrumed that the required documents have been recorded, such as the deed restriction and easements.

3. . Ih~~pproval must require the owner and appJ_icant to hold the city ha1mless from all claims and damages related to the approval and its subject matter.

4. The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and cost~ associated with enforcing the requirements of this code.

E. Requirements. A two-unit project must satisf-y each of the following requirements:

1. Map Act Compliance. The lot must have been legally-subdivided.

2. Zone. The lot is in a single-family residential zone. For purposes of this section, a • single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

3. Lot Location.
a. The lot is not located on a site that is any of the following:
(i) Prime farmland, fannland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
(ii) A wetland.
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Urgency _Ordinance No. 1723 Page 20
(iii) Within a veiy high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
(iv) A hazardous waste site that has not been cleared for residential use. (v) Within a delineated ea1ihquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
(vi) Within a 100-year flood hazard area, unless the site has either:
(A) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the
local jurisdiction, or
(B) meets Federal Emergency Management Agency'
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
(vii) Within a regulatory floodway, unless all development on the site has received a no-rise certification.
(viii) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted f------------- ~----n-a-;-tL-tral resource protection plan.

4. 5.
(ix) Habitat for protected species.
(x) Land under conservation easement.
b. • - The purpose of subpart E.3 .a above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)-(K). (See Gov. Code§ 6641 l.7(a)(3)(C).)
c. The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)-(K) are satisfied.

Not Historic. The lot must not be a historic property or within a historic district thaf is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.

No Impact on Protected Housing.
a. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:
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Urgency Ordinance No. 1723 Page 21
(i) Housing that is income-restricted for households of moderate, low, or very low income.
(ii) Housing that is subject to any form of rent or price conh·ol through a public entity's valid exercise of its policy power.
(iii) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060- 7060.7) at any time in the 15.years prior to submission of the urba11 lot split application.
(iv) Housing that has been occupied by a tenant in the last three years. b. As part of the urban lot split application, the applicant and the owner of a prope1ty must provide a sworn statement by affidavit representing and warranting that subpa1t E.5.a above is satisfied.
(i) The sworn statement must state that:
.......... ~•···
(A) No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.
(B) No housing that is subject to any form of rent or price conh·ol will be demolished or altered.
(C) No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered.
(D) No housing that has been occupied by a tenant in the last three years will be demolished or altered.
c. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying ·owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to detennine compliance with this requirement.

6. Unit Standards.
a. Quantity.
(i) No more than two dwe1ling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an ADU, or a JADU.
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I Urgency Ordinance No. 1723 Page 22
(ii) A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under state law and the city's ADU ordinance.
b. Unit Size. (·
(i) The total floor area of each ptimary dwelling built that is developed under this section must be
\
(A) less that}. or equal to 800 square feet and
(B) more than 500 square feet.
(ii) A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet is limited to the lawful floor area at the time oftbe two-unit project.

The unit may not be expanded .
·-····· (m) _ . A pJimary:dweiliug-that::was-legaUy established _prior:toJhe-twounit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two-unit project. c. Height Restrictions.
(i) On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from gradno~kuftlre-structure.
(ii) On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwe11ing that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the step back. (iii) No rooftop deck is petmitted on any new or remodeled dwelling or structure on a lot with. a t...vo-1mit project.
d. Demo Cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years. r ' e. Lot Coverage. Lot coverage may not exceed 50 percent of the lot. This lot coverage standard is only enforced to the extent that it does not prevent ' two primary dwelling units on the lot at 800 square feet each. i.... 8-16-22 I 8A-33
Urgency Ordinance No. 1723 Page 23
f. Open Space. At least 50 percent of the lot must be maintained as open space. This open space standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each. g. Setbacks.
(i) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
(ii) Exceptions. Notwithstanding subpatt E.6.g(i) above:
(A) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same
dimensions as an existing legally established ·structure. (B) , 800 sf; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to .... ~yqidpby.sicallypr.ecludingthe construction ofup to two units on the lot or either of the two. units from being at least 800 square feet in floor area; but in no event may any
struchrre be less than four feet from a side or rear property line.
• (iii) Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed under this section must be at least 25 feet from the front property lines. The front setback area must:
(A) be kept free from all structures greater than three feet high; (B) . be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;
(C) allow for vehicular and fire-safety access to the front structure.
h. Parking. Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:
(i) The lot is located within one-half mile walking distance of either (A) a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
(B) a site that contains
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Urgency Ordinance No. 1723 Page 24
(I)
(2)
(3)
an existing rail or bus rapid transit station,
a ferry terminal served by either a bus or rail transit service, or
the intersection of two or more major bus routes
with a frequency of service interval of 15 minutes
or less during the morning and afternoon peak
commute periods.
(ii) The site is located within one block of a car-share vehicle location. i. Architecture.
j.
(i) If there is a legal primary dwelling on the lot that was established before the two-unit project, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope_shared byihe largest portion of the roof.
(ii) Jf there is no legal primary dwelling on the lot before the two-unit project, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
m A11 exterior liglitmg must be !uni.red to down-liglns." (iv) No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property.

Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
(v) If any portion of a dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utiJjze frosted or obscure glass.

Landscaping.
(i) Tree Removal.
(A) No mature tree may be removed on a lot with any
development under this section unless removal is necessary to constructing a dwelling unit that must be allowed under state law.
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Urgency Ordinance No. 1723 Page 25
(B) "Mature tree" means a tree with a diameter of six inches or more or a height of eight feet_ or taller.
(C) A tree may only be removed under subparagraph
E.6.j(i)(A) above if it is replaced with at least two mature trees of the same type and with a trunk diameter that is the same or larger than that of the removed tree. '
(D) If a certified arborist determines that there is not space on the lot for a replacement tree that is required under
subparagraph E.6.j(i)(C) above, owner may pay the
replacement cost of the tree, as determined by the city's tree-replacement cost schedule.
(ii) Screening. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows: •
... (A) _ .Accordingto a.planting and irrigation plan that is prepared by a licensed landscape architect.
(B) • At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24" box size plant shall be provided for every ten linear feet of exterior wall.
(C) Plant specimens must be at least six feet tall when installed.

As an alternative, a solid fence of at least 6 feet in height may be installed.
(D) All landscaping must be drought-tolerant.
(E) All landscaping must be from the city's approved plant list. k. Nonconforming Conditions, A two-unit project may only be approved if all nonconforming zoning conditions are corrected.

I. Utilities.
(i) Each primary dwelling unit on the lot must have.its own direct utility connection to the utility service provider.
(ii) Notwithstanding paragraph E.6.l(i) above, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the city's code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five 8-16-22 I SA-36
Urgency Ordinance No. 1723 Page 26
years or, if the percolation test has been recertified, within the last 10 years.
(iii) All utilities must be underground.
m. Building & Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city's current code.

7. Fire-Hazard Mitigation Measures.
a. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
(i) It must have direct access to a public right of way with a paved street with a width of at least 40 feet. The pub! ic right of way must have at least two independent points of access for fu-e and life safety to access and-for residents to evacua e.
(ii) All dwellings on the site must comply with cunent fire code requirements for dwellings in a very high fire hazard severity zone. (iii) All enclosed structures on the site must have fire sprinklers. (iv) All sides ofall dwellings on the site must be within a 150-foot - - ------ ------ --1,·~ll-tlistance'fturrretther1he-p1rbJtc-rrghrufwa-y-or-unm~------ b.
onsite foe hydrant or standpipe. •
(v) If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.

Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subpart E.7. The city or its authorized agent must inspect the site, including all structures on· the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the city's costs for inspection. Failure to pay is grounds for denying the application.

8. Separate Conveyance.
a. Primary dwelling units oh the lot may not be owned or conveyed separately from each other.
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b. Condominium airspace divisions and common interest developments are not permitted within the lot.
c. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.
(i) No timeshare, as defined by state law or this code, is permitted.

This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods oftime.

9. Regulation of Uses.
a. Residential-only. No non-residential use is permitted on the lot b. No Short-term Rentals. No dwelling unit on the lot may be rented for a period of less than 30 days.
c. Owner Occupancy. UnJe.1,sJheJotwasfonned by.an urbanlotsplit, the .... ... ... -· individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile.

10. Notice of Construction.
a. At least 30 business days before sta1ting any constrnction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
(i) Notice that constmction has been authorized,
(ii) The anticipated start and end dates for construction, . (iii) The hours of construction,
(iv) Contact inf01mation for the project manager (for constmctionrelated 9omplaints),.and . (v) Contact information for the Building & Safety Department. b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued.

Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is pw-ely to promote neighborhood awareness and expectation.
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F.

G.

11. Deed Restriction. The owner must record a deed restriction, on a form approved by the city, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
b. Expressly prohibits any non-residential use of the lot.

C. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
d. If the lot does not undergo an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile.
e. Limits development of the lot to residential units that comply with the requirements of this section, except as required by state law.

Specific Adverse Impacts.
l.

2. 3.

Notwithstanding anything else in this section, the city may deny an application for a two-tmit project if the bLiilding official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific a verse unpact.
"Specific adverse impact" has the same meaning as in Gov. Code § 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 2 l 4(g).

The building official may consult with and be assisted by planning staff and otl1ers as necessary in making a finding of specific, adverse impact.

Coastal Regulations Apply in Full. Nothing in this section alters or lessens the effect or application of the California Coastal Act.

H. Remedies.

If a two-unit project violates any part of this code or any other legal requirement:
l. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.
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Urgency Ordinance No. 1723 Page 29

2. The city may:
a. Bring an action to enjoin any attempt to sell, lease, or finance the property. b. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief. •
c. Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
d. Record a notice of violation.
e. Withhold any or all future permits and approvals.
f. Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city's code.

Section 17.52.020 of the San Clem~nte municipal code is hereby amended to read in its ·entirety as follows (adding a new subsections; renumberingthetest): - Section 17.52.020 - Applicability.

A. The provisions in this section shall apply to all areas designated in the City of San Clemente General Plan Land Use Element as requiring a specific plan, including the following: •
I. Properties for which a specific plan has not been prepared, but for which a specific plan is required prior to development in accordance with the City's General Plan; and

2. Properties for which a specific plan has been prepared and adopted by the City Council, and which are cun-ently designated with the name of their specific plan.

B. Notwithstanding anything else in this code or in a specific plan:
1: Any project proposed in a specific plan under the authority of Government Code section 65852.21 is subject to Chapter 16.50.

2. Any project proposed in a specific plan under the authority of Government Code section 66411.7 is subject to Chapter 17.86.
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8-16-22 / 10A-1
Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: August 16, 2022
City Manager
Jennifer Savage, Assistant to the City Manager
Agenda Item
Approvals:

City Manager
Dept. Head
Attorney
Finance

UPDATE OF LEGISLATIVE AND TRANSPORTATION ACTIVITIES FOR THE CITY OF SAN

CLEMENTE
\QA
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 August 11, 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 August 11, 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
8-16-22 / 10A-2
Agenda Report
Plan and Policy

Transportation Activities
Attachment 2 provides a summary of activities including the Serra siding project, 1-5 improvement project, 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
8-16-22 / 10A-3
ATTACHMENT 1
Memorandum
TO: Erik Sund
Jennifer Savage
FR: Marc Aprea
DT: August 12, 2022
RE: Report for the August 16, 2022, San Clemente City Council Meeting City of San Clemente Bill File
On August 11, the Senate and Assembly Appropriations Committees met and held bills, amended bills and approved bills, or approved bills and re-referred those bills to the respective Senate and Assembly Floors. Of the 491 bills in the possession of the Senate Appropriations Committee 368 (75%) were approved and I 23 bills (25%) were held. Of the 323 bills in the possession of Assembly Appropriations Committee 244 (75.5%) were approved, and 79 (24.5%) were held.

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 I, 2022 and in the Governor's possession on or after September 1, 2022.

Attached is the City of San Clemente Bill File providing the title, summary and status of each of the 78 measures we are following on behalf of the city.

As a result of review by City staff and their direction, we have prioritized and taken positions on these measures as indicated in the attached. 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 of7-0 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.
1 8-16-22 / 10A-4
ATTACHMENT 1
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 I 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 Appropriations Committee on Monday, July 25, 2022.

The Assembly Appropriations Committee approved SB 1224 on Thursday, August 11, 2022.

This measure will be eligible for a vote on the Assembly Floor later this month. 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 1,100 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 $21 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 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 perform restoration, or a combination thereof, in watersheds with habitats for sensitive wildlife populations in specified regions in the Counties of Orange and San Diego. The San Mateo Creek watershed is a stated priority.

AB 2011 (Wicks) Affordable Housing and High Road Jobs Act of 2022 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 l 00% affordable housing in commercially-zoned areas and for mixed-income housing along commercial corridors. 2 8-16-22 / 10A-5
ATTACHMENT 1
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 properties.

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, l 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 Senate Appropriations Committee approved AB 2011 on Thursday, August 11 , 2022, 5 - I with amendments to delay implementation until July 2023, add a 2033 sunset date, and make conforming changes. We will provide details on these amendments when they become available.

This measure will be eligible for a vote on the Senate Floor later this month.

AB 1909 (Friedman) Vehicles: bicycle omnibus bill.

As you may recall, we presented a detailed analysis of this measure to city staff on April l 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 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 Transportation Committee on a vote of 12 Aye, I No, and 4 Abstained/Not Voting. Senator Bates was among the Members who abstained.

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

This measure was amended on August 11 to also authorize the Department of Parks and Recreation to prohibit the operation of an electric bicycle or any class of electric bicycle on any bicycle path or trail within the department's jurisdiction. The measure was also double joined to AB 214 7 (Ting) which seeks to prohibit a peace officer from stopping a pedestrian for specified 3 8-16-22 / 10A-6
ATTACHMENT 1
traffic infractions generally related to ''jaywalking" unless a reasonably careful person would realize there is an immediate danger of collision with a moving vehicle or other device moving exclusively by human power. That means that both bills have to be signed into law in order for either to become effective.

AB 1909 is now on the Senate Floor. This measure will be eligible for a vote later this month.

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 1, 2023, statewide safety and training programs for users of ebikes, including, but not limited to general ebike riding safety, emergency maneuver skills, rules of the road, and laws pertaining to ebikes. The bill further requires the safety and training programs to be developed in collaboration with relevant stakeholders and to be posted on CHP's website by September 1, 2023.

On June 14, 2022, the measure was approved by the Senate Transpo1tation 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.

On Monday, August 1, 2022, the Assembly voted 73 - 0 to concur in Senate amendments. This measure is now awaiting action by Governor Newsom.

The City of San Clemente submitted letters of support throughout the legislative process, most recently a letter to the Assembly on Monday, July 25 , 2022.

ACR 116 (Nguyen) California Surfing Day
As you may recall, Assembly Concurrent Resolution 116, would recognize September 20, 2022, and every year on that date thereafter, as California Surfing Day to celebrate the California surfing lifestyle, would commend all those who honor the history, culture, and future of surfing, as well as the sport of surfing and the protection of our beach and ocean environments, would express support for future surfers and encourage potential surfing Olympians to work diligently, and would encourage all Californians to enjoy California Surfing Day.

The City of San Clemente sent a letter of support to Assemblymember Nguyen on April 14, 2022.
4 8-16-22 / 10A-7
ATTACHMENT 1
On June 23, 2022, ACR 116 was amended. These amendments are not substantial and did not change the City's support position. The measure now has 73 co-authors.

The measure was heard by the Assembly Rules Committee on June 30, 2022 and was approved on a vote of 7 Aye, 0 No and 4 Not Voting. The City of San Clemente was the only supporter of the measure. There was no opposition.

This measure was approved by the Assembly on Thursday, August 4, 2022 on a vote of 76-0.

The bill is now in the possession of the Senate Rules Committee.

Monitored and Reported on Political, Legislative and Administration Activity that mav impact the City of San Clemente
This included providing a detailed summary and analysis of potential leadership changes in the State Assembly and the statewide outcomes of the June 7, 2022, Primary 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 the seven measures that will be on the 2022 State Ballot.

In this report we identify and describe five measures that may be on the 2024 State Ballot. They are:

November 2024 Eligible Statewide Ballot Measures (3)
Income Tax Increase/Pandemic Response
1916. (21-0022AI)

PROVIDES FUNDING FOR PANDEMIC DETECTION AND PREVENTION BY INCREASING TAX ON PERSONAL INCOME OVER $5 MILLION. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Random Sample Count 7/01/22 (PDF) Increases tax on personal income over $5 million by 0.75% for 10 years, and allocates new tax revenues as follows: 50% to the California Institute for Pandemic Prevention (established by this measure), to award grants for research and development of technologies to detect and prevent future pandemics; 25% for public health programs for pandemic preparedness; and 25% for improvements to school facilities to limit disease transmission. Creates Independent Scientific Governing Board to administer the Institute; requires board members have specified medical, technological, or public-health expertise. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Increased state tax revenues that likely would range from around $500 million to $1.5 billion annually for the ten-year period the new tax would be in effect. Revenues entirely would support activities related to infectious disease control and pandemic prevention. (21-0022Al.)
5 8-16-22 / 10A-8
Private Attorney General Act (PAGA) Reform
1921. (21-0027Al)
ATTACHMENT 1

ELIMINATES EMPLOYEES' ABILITY TO FILE LAWSUITS FOR MONETARY PENALTIES FOR STATE LABOR-LAW VIOLATIONS. INITIATIVE STATUTE.

Repeals 2004 law allowing employees to file lawsuits on behalf of themselves and other employees against employers to recover monetary penalties for certain state labor-law violations.

Labor Commissioner retains authority to enforce labor laws and impose penalties. Eliminates Labor Commissioner's authority to contract with private organizations or attorneys to assist with enforcement. Requires Legislature to provide funding of unspecified amount for Labor Commissioner enforcement. Requires Labor Commissioner to provide pre-enforcement advice; allows employers to correct identified labor-law violations without penalties. Authorizes increased penalties for willful violations. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Likely increase in state costs to enforce labor laws that could exceed $100 million per year. Reduction in state penalty revenue used for labor law enforcement in the tens of millions of dollars annually.(21-0027 Al.) $18/Hour Minimum Wage
1936. (21-0043Al)
RAISES MINIMUM WAGE. INITIATIVE STATUTE.

Existing law requires annual increases to California's minimum wage until it has reached $15.00 per hour for all businesses on January 1, 2023. This measure extends these annual increases ($1 .00 per year) until minimum wage-currently, $15 .00 per hour for businesses with 26 or more employees, and $14.00 per hour for smaller businesses-reaches $18.00 per hour.

Thereafter, as existing law requires, the minimum wage will annually adjust for inflation. In periods of decreased economic activity, or General Fund deficit, the Governor may suspend annual increase up to two times, thereby extending timeline for reaching $18.00 per hour.

Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unclear change in annual state and local tax revenues, likely between a loss of a couple billion dollars and a gain of a few hundred million dollars. Increase in annual state and local government costs likely between half a billion dollars and a few billion dollars. (2 l-0043A I.)
Initiatives and Referenda Pending Signature Verification for 2024 State Ballot (2) Online Sports Wagering
1933. (21-0039A l) ALLOWS IN-PERSON AND ONLINE SPORTS WA GERING AND OTHER NEW TYPES OF GAMBLING. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Random Sample Count 8/l l/2022
Legalizes in-person sports wagering, roulette, and dice games on tribal lands, and online sports wagering statewide, if operated by federally recognized Indian tribes under ( l) compacts approved by Legislature, (2) the model compact approved by this measure, or (3) laws enacted by this measure and state regulations approved by tribal representatives. Sports wagering limited to persons 21 and older. Directs 15% of sports-wagering profits to nonparticipating tribes and 6 8-16-22 / 10A-9
ATTACHMENT 1
I 0% first to regulatory costs and then to homelessness/mental-health programs. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Increased state revenues that cou Id range from the tens of mi 11 ions of do liars to the mid-hundreds of millions of dollars annually, depending on how the measure is implemented and legally interpreted. Some portion of these revenues would reflect a shift from other existing state and local revenues. Increased state regulatory costs, potentially in the low- to mid-tens of millions of dollars annually. Some or all of these costs would be offset by the increased revenue or reimbursements to the state. (21-0039Al .)
NOTE: This measure is different from Propositions 26 and 27 that are on the 2022 State Ballot.

This measure is sponsored by Rincon Band of Luisefio Indians and the San Manuel Band of Mission Indians. The biggest difference is that this measure, unlike Prop. 26, would allow online sports wagering not just on the land of a federally recognized tribe, but anywhere in the state, so long as it is authorized by a federally recognized tribe.

Limits the Authority of State and Local Government to Impose New Taxes or Increase Existing Taxes
1935. (2 l-0042Al)

LIMITS ABILITY OF VOTERS AND STATE AND LOCAL GOVERNMENTS TO RAISE REVENUES FOR GOVERNMENT SERVICES. lNlTIATIVE CONSTlTUTIONAL AMENDMENT.

For new or increased state taxes currently enacted by two-thirds vote of Legislature, also requires statewide election and majority voter approval. Limits voters' ability to pass voter-proposed local special taxes by raising vote requirement to two-thirds. Eliminates voters' ability to advise how to spend revenues from proposed general tax on same ballot as the proposed tax. Expands definition of "taxes" to include certain regulatory fees, broadening application of tax approval requirements. Requires Legislature or local governing body set certain other fees. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Lower annual state and local revenues, potentially substantially lower, depending on future actions of the Legislature, local governing bodies, voters, and the courts. (2 l-0042A l) ###
7 8-16-22 / 10A-10
AB 500
AB 989
San Clemente Bill Tracking
8/12/2022
1 ATTACHMENT 1
( Wa rd D) Local planning: coastal development: streamlined permitting.

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

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

Organization
San Clemente
Position
Watch
Priority
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
Desk Polic Fiscal Floor Desk Polic Fiscal 2 ear Conf.
lst House 2nd House Cone. Enrolled Vetoed Chaptered
Summary: The Housing Accountability Act prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, specified housing development projects, including projects for very low, low-, or moderate-income households and projects for emergency shelters that comply with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time the application for the project is deemed complete, unless the local agency makes specified written findings based on a preponderance of the evidence in the record. This bill would, until January 1, 2029, establish an Office of Housing Appeals (office) within the department, administered by the director of the department, to review housing development projects that are alleged to have been denied or subject to conditions in violation of the Housing Accountability Act. The bill would establish housing appeals panels, consisting of administrative law judges with specified qualifications, within the office.

Organization
San Clemente
Position
Watch
Priority
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: 8/11/2022-S. SECOND 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 each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that includes, among other mandatory elements, a housing element. For the 4th and subsequent revisions of the housing element, existing law requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region.

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

8-16-22 / 10A-11
Commencing January 1, 2025, this bill would require that a council of ~~m:z!N!f-Jat:e subregion, or the department, as applicable, additionally consider among t'h'esera'ctors emergency evacuation route capacity, wildfire risk, sea level rise, and other impacts caused by climate change.

Organization Position Priority Assigned
San Clemente Watch 1 Marc Aprea
AB 1551 {Santiago D} Planning and zoning: development bonuses: mixed-use projects.

Introduced: 2/19/2021
Last Amend: 1/13/2022
Location: 8/8/2022-5. THIRD READING
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf.
1st House 2nd House Cone. Enrolled Vetoed Chaptered
Summary: The Density Bonus Law requires a city or county to provide a developer that proposes a housing development within the city or county with a density bonus and other incentives or concessions, as specified, if the developer agrees to construct specified percentages of units for lower income, very low income, or senior citizen housing, among other things, and meets other requirements. 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 housing with an affordable housing developer to contribute affordable housing through a joint project 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 to the Department of Housing and Community Development information describing an approved commercial development bonus. The bill would repeal these provisions on January 1, 2028.

Organization
San Clemente
Position
Watch
AB 1883 ( Quirk-Silva D) Public restrooms.

Introduced: 2/8/2022
Last Amend: 6/23/2022
Priority
1 Location: 8/2/2022-5. APPR. SUSPENSE FILE
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

Summary: Would require each local government, as defined, to complete an inventory of public restrooms owned and maintained by the local government, either directly or by contract, that are available to the general population in its jurisdiction. The bill would require local governments 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 to 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: 8/11/2022
Location: 8/11/2022-S. SECOND READING
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

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

Current law authorizes a local authority to additionally prohibit the operation of class 1 and class 2 electric bicycles on these facilities. This bill would remove the prohibition of class 3 electric bicycles on these facilities and would instead authorize a local authority to prohibit the operation of any electric bicycle or any class of electric bicycle on an equestrian trail, or hiking or recreational trail. The bill would also authorize the Department of Parks and Recreation to prohibit the operation of an electric bicycle or any class of electric bicycle on any bicycle path or trail within the department's jurisdiction.

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

Introduced: 2/10/2022
Last Amend: 6/6/2022

8-16-22 / 10A-12
Location: 8/4/2022-A. ENROLLED
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. E II d V t d 1st House 2nd House Cone. nro e e oe
Summary: Would require the Department of the California Highway Patrol 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 electric bicycles. The bill would require the safety and training programs to be developed in collaboration with relevant stakeholders and to be posted on the internet website of the department.

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

Introduced: 2/14/2022
Last Amend: 6/23/2022
Location: 8/11/2022-5. SECOND READING
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed 1st House 2nd House one. Chaptered
Summary: Would create the Affordable Housing and High Road Jobs Act of 2022, which would make certain housing developments that meet specified affordability and site criteria and objective development standards a use by right within a zone where office, retail, or parking are a principally permitted use, and would subject these development projects to one of 2 streamlined, ministerial 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 that all construction workers be paid at least the general prevailing rate of wages, as specified. The bill would require a development proponent to certify to the local government that those standards will be met in project construction. 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 ( Santjaqo D) Solid waste: franchise agreements: database.

Introduced: 2/14/2022
Last Amend: 6/9/2022
Location: 6/21/2022-S. THIRD READING
Desk Polic Fiscal Floor Desk Polic 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 to 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: 8/11/2022-5. SECOND READING
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

Summary: The Occupational Safety and Health Standards Board, an independent entity within the Department of Industrial Relations, has the exclusive authority to adopt occupational safety and health standards within the state. Current law, the California Occupational Safety and Health Act of 1973, requires employers to comply with certain standards ensuring healthy and safe working conditions, as specified, and charges the division with enforcement of the act. Current law makes certain violations of the act a crime. Current law requires citations, orders, and special orders issued by the department, in enforcing occupational safety and health standards, to be prominently posted at or near each place a

8-16-22 / 10A-13
violation referred to in the citation or order occurred, in accordance wi~~A~fl-fl\.W~Nrpe1 and procedures. This bill would require each posting required in the above~aescnbea c1rcum's1:ances, 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: 8/8/2022-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 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 variance 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 ( Katra 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 CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

Summary: Would 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 to provide grants to cities, counties, districts, nonprofit organizations, and public schools to establish pocket forests on public lands, as provided. The bill would require the department to prioritize disadvantaged communities and 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 test, 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: 8/9/2022-S. THIRD READING
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: The California Coastal Act of 1976 requires any person wishing to perform or undertake any development in the coastal zone, as defined, in addition to obtaining any other permit required by law from any local government or from any state, regional, or local agency, to obtain a coastal development permit, as provided. The act further provides for the certification of local coastal programs by the California Coastal Commission. The act prohibits the commission, except as provided, from exercising its coastal development permit review authority, as specified, over any new development within the area to which the certified local coastal program, or any portion thereof, applies . Current law

8-16-22 / 10A-14
requires a local government, if it has been delegated authority to issuAP~'M~'lfht1permits, to recover any costs incurred from fees charged to individual permit appl1cant's':"turrent: faw authorizes the local government to 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 2221 ( Quirk-Silva D) Accessory dwelling units.

Introduced: 2/15/2022
Last Amend: 8/1/2022
Location: 8/9/2022-S. THIRD READING
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.

Summary: The Planning and Zoning Law, 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: 8/11/2022-S. SECOND READING
Desk Polic Fiscal Floor Desk Polic 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 Position Priority Assigned
San Clemente Watch 1 Marc Aprea
AB 2295 ( Bloom D) Local educational agencies: housing development projects.

Introduced: 2/16/2022
Last Amend: 8/1/2022
Location: 8/9/2022-S. THIRD READING
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered Summary: (l)Current law, the Planning and Zoning Law, requires that the legislative body of each county and each city adopt a comprehensive, long-term general plan for the physical development of the county and city, and specified land outside its boundaries, that includes, among other mandatory elements, a housing element. Current law authorizes the legislative body of any county or city, pursuant to specified procedures, to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes. Current law generally requires each local agency to comply with all applicable building ordinances and zoning ordinances of the county or city in which the territory of the local agency is situated, but, among other things, authorizes the governing board of a school district that has complied with specified law, by a 2/3 vote of its members, to render a city or county zoning ordinance inapplicable to a proposed use of property by the school district, unless the proposed use of the property is for nonclassroom facilities, as provided.This bill 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.

Organization Position Priority Assigned
San Clemente Watch 1 Marc Aprea

8-16-22 / 10A-15
AB 2334 ( Wicks D) Density Bonus Law: affordability: incentives or concesA,hlfAG~Ihible travel areas: parking standards: definitions.

Introduced: 2/16/20 22
Last Amend: 8/1/2022
Location: 8/9/2022-S. THIRD READING
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: (!)Current law, referred to as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development within the city or county with a density bonus and other incentives or concessions, as specified, if the developer agrees to construct specified percentages of units for lower income, very low income, or senior citizen housing, among other things, and meets other requirements. Existing law requires that an applicant agree to, and the city, county, or city and county ensure, the continued affordability of all very low and low-income rental units that qualified the applicant for a density bonus, as provided. 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 that receives an allocation of state or federal lowincome housing tax credits from the California Tax Credit Allocation Committee (CTCAC). Current law, with respect to a for-sale unit that qualified the applicant for a density bonus, also requires that the local government enforce an equity sharing agreement, as provided, unless it is in conflict with the requirements of another public funding source or law.This bill, with respect to the affordability requirements applicable to 100% lower income developments, would instead require the rent for the remaining units in the development be set at an amount consistent with the maximum rent levels for lower income households, as those rents and incomes are determined by CTCAC.

Organization
San Clemente
Position
Watch
Priority
1 Assigned
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 Conf.
1st House 2nd House Cone. Enrolled Vetoed Chaptered
Summary: The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city that includes a housing element. Current law requires that the housing element identify adequate sites for housing, including rental housing, factory- built housing, mobilehomes, and emergency shelters, and make adequate provision for the existing and projected needs of all economic segments of a community. Current law also requires that the housing element include an analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels. This bill would revise the requirements of the housing element, as described above, in connection with zon ing designations that allow residential use, including mixed use, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. The bill would delete language regarding emergency shelter 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 ( Murats\J chi D) Neighborhood electric vehicles: County of Los Angeles.

Introduced: 2/17/2022
Last Amend: 6/16/2022
Location: 8/9/2022-A. ENROLLED
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed Ch t d 1st House 2nd House Cone, ap ere Summary: Current law imposes certain restrictions on the use of low-speed vehicles on public streets and highways, and generally requires an operator of a low-speed vehicle to have a driver's license. A low-speed vehicle is also known as a neighborhood electric vehicle (NEV). A violation of the Vehicle Code is an infraction, unless otherwise specified. Current law authorizes certain local agencies to establish a NEV transportation plan subject to certain requirements. A person operating a NEV in a plan area in violation of certain provisions is guilty of an infraction punishable by a fine not exceeding $100. This bill would authorize the County of Los Angeles or any city in the county to establish a similar NEV transportation plan, 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 Association of Governments (SCAG) and any agency having traffic law enforcement respon sibilities in

8-16-22 / 10A-16
an entity included in the plan area. The bill, if the County of Los Angel~l'"~MeKJCJlnfY adopts a NEV tran sportation plan, would require the entity adopting the plan l:ci suomita'report, in consultation with SCAG, the department, the Department of the California Highway Patrol, and any applicable local law enforcement agency, as specified, to the Legislature within 2 years of the date the NEV transportation plan is adopted. The bill would repeal these provisions on January 1, 2040.

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: 8/8/2022
Location: 8/9/2022-S. THIRD READING
Desk Polic Fiscal Floor Desk Polic Fiscal Flooti Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered Summary: The Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act generally requires posting an agenda at least 72 hours before a regular meeting that contains a brief general description of each item of business to be transacted or discussed at the meeting, and prohibits any action or discussion from being undertaken on any item not appearing on the posted agenda. The act authorizes a legislative body to take action on items of business not appearing on the posted agenda under specified conditions. The act contains specified provisions regarding providing for the ability of the public to observe and provide comment.

The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency's jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. This bill 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 that 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. Under this exception, the bill would authorize a member to participate remotely under specified circumstances, including participating remotely for just cause or due to emergency circumstances.

Organization Position Priority Assigned
San Clemente Watch 1 Marc Aprea
AB 2536 ( Grayson D) Development fees: impact fee nexus studies: connection fees and capacity charges.

Introduced: 2/17/2022
Last Amend: 4/26/2022
Location: 7/19/2022-A. CHAPTERED
Desk Polit Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered 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.

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 Conf.
d Cone. Enrolled Vetoed Chaptered 1st House 2n House

8-16-22 / 10A-17
Summary: The California Coastal Act of 1976, among other things, re~iifef;A@HMHNffg'f:o perform or undertake any development in the coastal zon e, except as specified, in addition to obtaining any other permit required by law from any local government or from any state, regional, or local agency, to obtain a coastal development permit from th e 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 th e carbon sequestration potential of these projects to help inform the state's natural and working lands and climate resilience strategies.

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

Introduced: 2/18/2022
Last Amend: 8/4/2022
Location: 8/8/2022-S. THIRD READING
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered Summary: The Ralph M. Brown Act requires the meetings of the legislative body of a local agency to be conducted openly and publicly, with specified exceptions. Current law makes agendas of public meetings and other writings distributed to the members of the governing board disclosable public records, with certain exceptions. Current law requires a local agency to make those writings distributed to the members of the governing board 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 that makes it clear that the writing relates to an agenda item for an upcoming meeting. Current law requires a local agency to post the agenda for a special meeting at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public. This bill would instead require a local agency to make those writings distributed to the members of the governing board available for public inspection at a public office or location that the agency designates and list the address of the office or location on the agenda for all meetings of the legislative body of the agency unless the local agency meets certain requirements, including the local agency immediately posts the writings on the local agency's internet website in a position and manner that makes it clear that the writing relates to an agenda item for an upcoming meeting .

Organization
San Clemente
Position
Watch
AB 2668 ( Grayson D) Planning and zoning.

Introduced: 2/18/2022
Last Amend: 8/10/2022
Priority
1 Location: 8/11/2022-S. THIRD READING
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

Summary: 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. The bill would specify that a local government is required to approve a development if it determines that the development is consistent with objective planning standards, as specified .

Organization
San Clemente
Position
Watch
Priority
1 AB 2705 { Quirk-Silva D} Housing: fire safety standards.

Introduced: 2/18/2022
Last Amend: 5/23/2022
Location: 8/8/2022-S. APPR. SUSPENSE FILE
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

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

8-16-22 / 10A-18
approval establishing minimum requirements for the storage, handlin~<fTTTl.&18~1i1cJZNll?Llf materials. Current law requires the State Fire Marshal to seek the adv1ce'0Hlie ~e?retary 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
Last Amend: 6/28/2022
Location: 8/2/2022-S. THIRD READING
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

Summary: 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: 8/10/2022
Location: 8/11/2022-S. THIRD READING
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

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

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

Introduced: 3/2/2022
Last Amend: 4/18/2022
Location: 6/21/2022-A. CHAPTERED
Desk Polic Fiscal Floor Desk Polle Fiscal Floor Conf, Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, provides the authority and procedure for the initiation, conduct, and completion of changes of organization, reorganization, and sphere of influence changes for cities and districts, as specified. Current law requires an applicant seeking a change of organization or reorganization to submit a plan for providing services within the 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

8-16-22 / 10A-19
ACA 14
San Cl emente Wat ch 1
( Wicks D) Homelessness and affordable housing.

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

Marc Aprea ATTACHMENT 1
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: The California Constitution authorizes the development, construction, or acquisition of developments composed of urban or rural dwellings, apartments, or other living accommodations for persons of low income financed in whole or in part by the federal government or a state public body, or to which the federal government or a state public body extends assistance, if a majority of the qualified electors of the city, town, or county in which the housing is proposed to be located approves the project by voting in favor thereof, as specified. This measure, the Housing Opportunities for Everyone (HOPE) Act, would create an account in the General Fund into which, beginning in the 2024- 25 fiscal year, and each fiscal year thereafter until September 30, 2033, a sum would be transferred from the General Fund equal to or greater than 5% of the estimated amount of General Fund revenues for that fiscal year, as specified. The measure would require the moneys in the account to be appropriated by the Legislature to the 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.
fill§
Introduced: 1/3/2022
Last Amend: 6/23/2022
Location: 8/8/2022-S. RLS.

Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. E II d V t d Ch t d 1st House 2nd House Cone. nro e e oe ap ere
Summary: Would recognize September 20, 2022, and every year on that date thereafter, as Ca lifornia Surfing Day to celebrate the California surfing lifestyle, would commend all those who honor the history, culture, and future of surfing, as well as the sport of surfing and the protection of our beach and ocean environments, would express support for future surfers and encourage potential surfing Olympians to work diligently, and would encourage all Californians to enjoy California Surfing Day.

Organization Position
San Clemente Support
Notes: Submitted Letter 4.14.22
Priority
1 Assigned
Marc Aprea
( Caballero D) Local planning: housing: commercial zones.

Introduced: 12/7/2020
Last Amend: 6/20/2022
Location: 8/3/2022-A. 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 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 meet or exceed the density deemed appropriate to accommodate housing for lower income households according to the type of local jurisdiction, including a density of at least 20 units per acre for a suburban jurisdiction. The bill would require the housing development to meet all other local requirements, other than those that prohibit residential use, or allow residential use at a lower density than that required by the bill.

Organization
San Clemente
Position
Watch
Priority
1 Assigned
Marc Aprea

8-16-22 / 10A-20
SB 852
SB 891
SB 896
SB 922
(.QQ.d.d D) Climate resilience districts: formation: funding mechaniJr\n1JACHMENT 1 Introduced: 1/18/2022
Last Amend: 8/8/2022
Location: 8/4/2022-A. THIRD READING
Desk Polic Fiscal Floor Desk PQlic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered Summary: Would authorize a city, county, city and county, special district, or a combination of any of those entities to form a climate resilience district, as defined, for the purposes of raising and allocating funding for eligible projects and the operating expenses of eligible projects. The bill would deem each district to be an enhanced infrastructure financing district and would require each district to comply with existing law concerning enhanced infrastructure financing districts, unless the district is specified as otherwise. The bill would require a district to finance only specified projects that meet the definition of an eligible project. The bill would define "eligible project" to mean projects that address sea level rise, extreme heat, extreme cold, the risk of wildfire, drought, and the risk of flooding, as specified. The bill would establish project priorities and would authorize districts to establish additional priorities.

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

Introduced: 1/31/2022
Last Amend: 8/8/2022
Location: 8/4/2022-A. THIRD READING
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 (NPDES) 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 license renewals submitted on and after January 1, 2020.This bill would expand the application of these provisions to instruments or permits equivalent to business licenses and to the renewals of those equivalent instruments or permits.

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

Introduced: 2/1/2022
Last Amend: 5/5/2022
Location: 8/11/2022-S. ENROLLMENT
Desk Polle Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed Ch d 1st House 2nd House Cone. aptere Summary: Current law requires the Director of Forestry and Fire Protection to establish a statewide program to allow qualified entities, including counties and other political subdivisions of the state, to support and augment the Department of Forestry and Fire Protection in its defensible space and home hardening assessment and education efforts. Current law requires the director to establish a common reporting platform that allows defensible space and home hardening assessment data, collected by the qualified entities, to be reported to the department. This bill would require any local governmental entity that is qualified to conduct these defensible space assessments in very high and high fire hazard severity zones, as specified, and that reports that information to the department, to report that information using the common reporting platform. The bill would require the department, on December 31, 2023, and annually thereafter, to report to the Legislature all defensible space data collected through the common reporting platform, as provided.

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

Introduced: 2/3/2022
Last Amend: 8/4/2022
Location: 8/8/2022-S. CONCURRENCE
Desk Polle Fiscal Floor Desk Polic Fiscal Floor Conf. E II d v t d 1st House 2nd House Cone. nro e e oe Chaptered
Summary: The California Environmental Quality Act (CEQA) requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if

8-16-22 / 10A-21
revisions in the project would avoid or mitigate that effect and there iAnp"f~JUIIM~'lf1='1ce that the project, as revised, would have a significant effect on the environment. tE:Q'A,'unfiT'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 conditions. This bill would delete the requirement that the bicycle transportation plan is for an urbanized area. The bill would extend the exemption to an active transportation plan or pedestrian plan. The bill would define "active transportation plan" and "pedestrian plan." The bill would specify that individual projects that are a part of an active transportation plan or pedestrian plan remain subject to the requirements of CEQA unless those projects are exempt by another provision of law.

Organization
San 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
Location: 8/3/2022-A. APPR. SUSPENSE FILE
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

Summary: Would prohibit a city, county, or city and county from imposing any minimum automobile parking requirement on a housing development project, as defined, that is located within 1/2 mile of public transit, as defined. The bill, notwithstanding the above-described prohibition, would authorize a city, county, or city and county to impose or enforce minimum automobile parking requirements on a housing development project if the local government 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 would 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 development. 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
San Clemente
Position
Watch
Priority
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: 8/3/2022-A. APPR. SUSPENSE FILE
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

Summary: Would require the Ocean Protection Council, in consultation with the State Coastal Conservancy, to develop the Sea Level Rise Revolving Loan Pilot Program for purposes of providing low-interest loans to local jurisdictions, as defined, for the purchase of coastal properties in their jurisdictions identified as vulnerable coastal property, as defined, located in specified communities, including low-income communities, as provided. The bill would require the council, before January 1, 2024, in consultation with other state planning and coastal management agencies, as provided, to adopt guidelines and eligibility criteria for the program. The bill would authorize specified local jurisdictions to apply for, and be awarded, a low-interest loan under the program from the conservancy, in consultation with the council, if the local jurisdiction develops and submits to the conservancy a 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: 8/10/2022-S. ENROLLED
Assigned
Marc Aprea

8-16-22 / 10A-22
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled 1st House 2nd House Cone.

Summary: The Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. 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 or their designee to remove, or cause the removal of, an individual for disrupting the meeting. The bill, except as provided, would require removal to be preceded by a warning to the individual by the presiding member of the legislative body or their designee that the individual's behavior is disrupting the meeting and that the individual's failure to cease their behavior may result in their removal. The bill would authorize the presiding member or their designee to then remove the individual if the individual does not promptly cease their disruptive behavior. The bill would define "disrupting" for this purpose.

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

Introduced: 2/17/2022
Last Amend: 6/29/2022
Location: 8/3/2022-A. APPR. SUSPENSE FILE
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf.
1st House 2nd House Cone. Enrolled Vetoed 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 within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers in a timely and readily accessible manner and in types and quantities that are sufficient 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 bill 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: 8/11/2022-S. ENROLLMENT
Assigned
Marc Aprea
Desk Polle Fiscal Floor Desk Polic Fiscal Floor Conf. E II d V t d 1st House 2nd House Cone. nro e e oe Chaptered
Summary: The 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

8-16-22 / 10A-23
of each city and county to by ordinance assign the functions of the plaAnJl:1ll'AeflfS<A:E:N~~ning department, one or more planning commissions, administrative bodies or hearing ciFticers, 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: 8/3/2022-A. APPR. SUSPENSE FILE
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

Summary: The Wildlife Conservation Law of 1947 establishes the Wildlife Conservation Board in the Department of Fish and Wildlife and requires the board to determine the areas in the state that are most essential and suitable for certain wildlife-related purposes. Under that law, the board may authorize the department to acquire real property, rights in real property, water, or water rights for the benefit of wildlife. This bill would authorize the Wildlife Conservation Board, upon an appropriation by the Legislature, to make grants to acquire fee title or conservation easements or to perform restoration, or a combination thereof, in watersheds with habitats for sensitive wildlife populations in specified regions in 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
Priority
1 Location: 8/11/2022-S. CONCURRENCE
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

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

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

Introduced: 2/18/2022
Last Amend: 6/30/2022
Priority
1 Location: 8/3/2022-A. APPR. SUSPENSE FILE
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

Summary: Would require the Governor's Office of Business and Economic Development, by January 1, 2025, to complete and submit to the Legislature a report on local sidewalk vending in California in consultation with other entities, organizations, authorities, and stakeholders, as specified. The bill would repeal that provision on January 1, 2029.

Organization
San Clemente
Position
Watch
Priority
1 Assigned
Marc Aprea
SB 1307 (.B.Y.m.2 D) Department of Housing and Community Development: Mobilehome Parks Act: Special Occupancy Parks Act.

Introduced: 2/18/2022
Last Amend: 6/22/2022
Location: 8/8/2022-A. THIRD READING

8-16-22 / 10A-24
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled 1st House 2nd House Cone.

Summary: Current law, the Special Occupancy 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 to enforce the act. Current law authorizes a city, county, or city and county to assume responsibility for the enforcement of the Mobilehome Parks Act, the Special Occupancy Parks Act, and the regulations adopted pursuant to those acts, following approval by the department for the assumption, as specified. This bill would require the department to post an explanation of the process for a city, county, or city and county to assume the enforcement responsibilities pursuant to the acts described above, on its internet website, in multiple languages.

The bill would also require the department to 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
Marc Aprea
SB 1 393 ( Archuleta D) Energy: appliances: local requirements.

Introduced: 2/18/2022
Last Amend: 6/30/2022
Location: 8/10/2022-A. APPR. SUSPENSE FILE
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

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 to gather or develop, and publish on its internet website, the guidance and best practices by July 1, 2023, and would require the guidance to include all of those specified topics and additional topics. The 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 requiring The replacement of a fossil fuel-fired appliance with an electric appliance upon the alteration or retrofit of a residential and nonresidential building, to consider any guidance published by the commission. The bill would require the commission, upon request by a local government considering the adoption of that ordinance, to provide technical assistance to the local government.

Organization
San Clemente
Position
Watch
Priority
1 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. E 11 d v t d 1st House 2nd House Cone. nro e e oe Chaptered
Summary: Would require every city and county to review and update its local open-space plan by January 1, 2026. The bill would require the local open-space plan update to include plans and an action program that address specified issues, including climate resilience and other cobenefits of open space, correlated with the safety element. By imposing additional duties on local officials, the bill would create a state-mandated local program.

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

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 joint 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

8-16-22 / 10A-25
Housing Trust, a joint powers authority, by the County of Los Angeles l{1ltffi~H~rtJ!fci-J:ies within the jurisdiction of the South Bay Cities Council of Governments, with the 'statea purpose or funding housing to assist the homeless population and persons and families of extremely low, very low, and low income within the South Bay. The bill would authorize the South Bay Regional Housing Trust to fund the planning and construction of housing, receive public and private financing and funds, and authorize and issue bonds.

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

SCA 9
Introduced: 2/28/2022
Last Amend: 6/20/2022
Location: 8/11/2022-S. CONCURRENCE
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

Summary: Current law, including the Professional Land Surveyors' Act, the Mello-Roos Community Facilities Act of 1982, the Subdivision Map Act, provisions relating to official maps of counties and cities, and provisions relating to maps of certain special assessment districts, prescribe requirements for the identification, storage, access, and 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 reproducible, and to which they may be referred, and would generally eliminate the requirement that they be fastened and stored in books.

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

Introduced: 2/18/2022
Location: 3/23/2022-S. HOUSING
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf.
1 H 2 d H C Enrolled Vetoed Chaptered st ouse n ouse one.

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

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

SB 932
Introduced: 2/14/2022
Last Amend: 6/9/2022
Location: 7/19/2022-A. CHAPTERED
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered Summary: Current law provides that the governing board of any school district having jurisdiction over any elementary, intermediate, or junior high school may provide time and facilities to any local law enforcement agency having jurisdiction over the schools of the district, for bicycle safety instruction.

This bill would instead authorize the governing board of any school district having jurisdiction over any elementary, intermediate, junior high, or high school to provide time and facilities to any local law enforcement agency having jurisdiction over the schools of the district, for bicycle, scooter, electric bicycle, motorized bicycle, or motorized scooter safety instruction.

Organization Position Priority Assigned
San Clemente Watch 2 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: 8/3/2022-A. APPR. SUSPENSE FILE

8-16-22 / 10A-26
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled 1st House 2nd House Cone.

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

Organization
San Clemente
Position
Watch
Priority
2 3
Assigned
Marc Aprea
AB 1645 ( Petrie-Norrjs D) State parks: concession contracts: Crystal Cove State Park.

Introduced: 1/12/2022
Last Amend: 6/14/2022
Location: 7/12/2022-A. 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 system. Current law requires those concession 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 facilities, as specified. This bill would authorize the department to negotiate the term of the existing concession contract with the Crystal Cove Management Company to extend the term of that contract up to an additional 20 years, if the Director of Parks and Recreation determines that this 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: 8/9/2022-5. THIRD READING
Desk Polic Fiscal Floor Desk Polic Fiscal Floor 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 the adequacy of oil spill elements of area plans adopted pursuant to specified existing law. The act authorizes 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: 8/1/2022
Location: 8/9/2022-5. THIRD READING
Desk Polic Fiscal Floor Desk Polic Fiscal Floor 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, the Building Homes and Jobs Act, the Multifamily Housing Program, and the Housing for a Healthy California Program. This bill would provide that any notice of funding availability 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.

8-16-22 / 10A-27
Organization
San Cl emente
Position
Watch
Priority
3 Assigned
Marc Aprea
AB 1713 ( Boerner Horvath D) Vehicles: required stops: bicycles.

Introduced: 1/26/2022
Last Amend: 3/21/2022
Location: 8/2/2022-S. THIRD READING
ATTACHMENT 1
' Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. 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 with two or fewer lanes, where stop signs are erected upon all approaches, to yield the right-of-way to any vehicles that have either stopped at or entered the intersection, or that are approaching on the intersecting highway close enough to constitute an immediate hazard, and to pedestrians, as specified, and continue to yield the right-of-way to those vehicles and pedestrians until reasonably safe to proceed. The bill would require other vehicles to yield the right-of-way to a bicycle that, having yielded as prescribed, has entered the intersection. The bill would state that these provisions do not affect the liability of a driver of a motor vehicle as a result of the driver's negligent or wrongful act or omission in the operation of a motor vehicle. The bill would impose a warning citation for a first violation by a person who is under 18 years of age and fails to stop when approaching a stop sign at the entrance of an intersection.

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

Introduced: 2/10/2022
Last Amend: 8/1/2022
Location: 8/9/2022-S. THIRD READING
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed 1st House 2nd House Cone. Chaptered
Summary: Current law establishes various default speed limits for vehicles upon highways, as specified. Current law requires the Department of Transportation (Caltrans), by regulation, to require Caltrans or a local authority to round speed limits up or down to the nearest 5 miles per hour of the 85th percentile of free-flowing traffic. Th is 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 miles 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: 8/11/2022-S. SECOND READING
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

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 technical 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 Conf.

Cone. En rolled Vetoed Chaptered 1st House 2nd House

8-16-22 / 10A-28
Summary: Current law provides for the enforcement of the MobilehonJA:fcf~ef!f ~Rltll\ffe~artment of Housing and Community Development and by every city, county, or city and county,conectively 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 mobilehomes may be eligible, and requires that list to be provided to a registered owner or occupant who receives a notice of violation. This bill would require the department, subject to appropriation by the Legislature for those purposes, to provide grants or other funding mechanisms to registered owners or occupants of mobilehomes or manufactured homes who are unable to afford the repair of their homes as required by the enforcement agency. The bill would establish the Mobilehome 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 ( Reves D) CalHome Program: grant allocation.

Introduced: 2/15/2022
Last Amend: 8/2/2022
Location: 8/11/2022-A. ENROLLMENT
Assigned
Marc Aprea
• Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.

Summary: Current law establishes the CalHome Program, administered by the Department of Housing and Community Development, to support existing home ownership programs aimed at lower and very low income households, among other purposes. Under the CalHome program, the department issues grants and loans to local public agencies and nonprofit corporations for specified purposes, including the construction of home ownership units. This bill would require the department to consider setting higher per-unit and total project allocations based on local development costs when appropriate. The bill would also require the department to consider adjustments to the maximum unit and project allocations for each new round of funding.

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: 8/8/2022-A. ENROLLMENT
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.

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 Subdivision 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 ( Kalra 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 Polic Fiscal Floor Conf. Enrolled Vetoed Chaptered 1st House 2nd House Cone.

Summary: Would provide that, by performing the functions and duties and exercising the 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 Position Priority Assigned

8-16-22 / 10A-29
San Clemente Watch 3 Marc Aprea ATTACHMENT 1
AB 2677 ( Gabriel D) Information Practices Act of 1977.

SB 361
SB 867
Introduced: 2/18/2022
Last Amend: 6/30/2022
Location: 8/11/2022-S. SECOND READING
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

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 would make other technical, 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: 8/3/2022-A. APPR. SUSPENSE FILE
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

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, ifnotified 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: 8/3/2022-A. APPR. SUSPENSE FILE
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

Summary: Current law creates within the Ocean Protection Council the California Sea Level Rise State and Regional Support Collaborative to provide state and regional information to the public and support to local, regional, and other state agencies for the identification, assessment, planning, and, where feasible, the mitigation of the adverse environmental, social, and economic effects of sea level rise within the coastal zone, as provided. This 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
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea

8-16-22 / 10A-30
SB 897
SB 926
SB 930
( Wieckowski D) Accessory dwelling units: junior accessory dwell~lfr)i\~HMENT 1 Introduced: 2/1/2022
Last Amend: 8/1/2022
Location: 8/11/2022-A. THIRD READING
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Veto ed Chaptered 1st House 2nd House one.

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 specifi ed. Current law authorizes a local agency to impose standards on accessory dwelling 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
Last Amend: 5/19/2022
Location: 8/3/2022-A. APPR. SUSPENSE FILE
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

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 insurance pool or other mechanisms for prescribed burn managers. The bill would require the Department of Forestry and Fire Protection, on or before January 1, 2023, to establish, consistent with the Budget Act of 2021, the Prescribed Fire Liability Pilot Program to support coverage for losses from permitted prescribed fires by individuals and nonpublic entities, such as Native American tribes, including cultural fire practitioners, as defined, 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 Position Priority Assigned
San Clemente Watch 3 Marc Aprea
( Wiener D) Alcoholic beverages: hours of sale.

Introduced: 2/7/2022
Last Amend: 6/2/2022
Location: 8/3/2022-A. APPR. SUSPENSE FILE
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

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 hours 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 pi lot 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.

8-16-22 / 10A-31
SB 948
Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
( Becker D) Housing finance programs: development reserves.

Introduced: 2/9/2022
Last Amend: 5/19/2022
Location: 8/3/2022-A. APPR. SUSPENSE FILE
ATTACHMENT 1
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

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 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 qualified project rental or operating subsidy. This bill would create the Pooled Transition Reserve Fund and would continuously appropriate moneys in that fund to the department for the purpose of maintaining a pooled transition reserve to mitigate the impacts on tenant rents from the loss or exhaustion of rental or operating subsidies.

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
SB 1036 ( Newman D) 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 CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

Summary: Would require the director of the California Conservation Corps to establish and administer the Ca lifornia 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 1077 ( Bates R) Coastal resources: Climate Ready Program: grants: nonnative and invasive plants:
removal and restoration.

Introduced: 2/15/2022
Last Amend: 5/19/2022
Location: 8/3/2022-A. APPR. SUSPENSE FILE
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enr~lled Vetoed Chaptered 1st House 2nd House one.

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 awa rding 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

8-16-22 / 10A-32
SB 1130 ( McGuire D) Military base reuse authority: board of directors: ex ~'P1DA-reMM'ENT 1 Introduced: 2/16/202 2
Last Amend: 3/16/2022
Location: 6/13/2022-A. INACTIVE FILE
Desk Polic Fiscal Floor Desk Polic Fiscal Floor Conf. E II d V t d 1st House 2nd House - Cone. nro e e oe Chaptered
Summary: The Military Base Reuse Authority Act requires the authority to be governed by a boa rd 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 the 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: 8/3/2022-A. APPR. SUSPENSE FILE
Assigned
Marc Aprea
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

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 and impacted local agencies. The bill would require the study to be submitted to the Senate Transportation Committee and the Assembly Transportation Committee on or before January 1, 2025.

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 CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

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 probable cause, be taken into custody and placed in a facility designated by the county and approved by the State Department of Health Care Services for up to 72 hours for evaluation and treatment. Under existing law, if a person is 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
San Clemente
Position Priority
3 Assigned
Marc Aprea
SB 1338 ( Umberg D) Community Assistance, Recovery, and Empowerment (CARE) Court Program.

Introduced: 2/18/2022
Last Amend: 6/30/2022
Location: 8/3/2022-A. APPR. SUSPENSE FILE
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

Summary: Would enact the Community Assistance, Recovery, and Empowerment {CARE) Act, which would authorize specified persons to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by 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

8-16-22 / 10A-33
schizophrenia spectrum and psychotic disorders and who meet other sMFf'Pt~M=N!f." bjll would specify the process by which the petition is filed and reviewed, including requ1nn'g'H1'epet1tion 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 (1.2.n§ 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 CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

Summary: Would authorize a city, county, or city and county to use the design-build contracting process to award contracts for constructing projects that are necessary in order to comply with the federal Americans with Disabilities Act of 1990. By expanding design-build authority to include additional projects, the bill would expand the scope of the crime of perjury, thereby imposing a statemandated local program.

Organization
San Clemente
Position
Watch
Priority
3 Assigned
Marc Aprea
SB 1449 ( Caballero D) Office of Planning and Research: grant program: annexation of unincorporated areas.

Introduced: 2/18/2022
Last Amend: 4/19/2022
Location: 8/3/2022-A. APPR. SUSPENSE FILE
Desk Polic Fiscal Floor Desk Polic Fiscal Floor CConf. Enrolled Vetoed Chaptered 1st House 2nd House one.

Summary: Would require the Office of Planning and Research to, upon appropriation by the Legislature, establish the Unincorporated Area Annexation Incentive Program, authorizing the office to issue a grant to a city for the purpose of funding infrastructure projects related 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 to a maximum funding threshold as determined by the director. The bill would, by September 1, 2023, require the office to develop guidelines, and consult with various local representatives to prepare those guidelines, for purposes of implementing the program, and would provide that the guidelines are not subject to the 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. E II d V t d Ch d 1st House 2nd House Cone. nro e e oe aptere
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 the coastal zone, as defined, to obtain a coastal development permit, except as provided. This bill would make various nonsubstantive changes to the above act to, among other things, change pronouns, correct the names of various state entities, and delete obsolete language.

Organization Position Priority Assigned
San Clemente Watch 3 Marc Aprea
Total Measures: 78
Total Tracking Forms: 78

8-16-22 / 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 ofTransportation (Caltrans), Orange County Transportation Authority (OCTA), the Transportation Corridor Agencies (TCAs}, the County of Orange, and, to a lesser degree, on the transportation-related activities of the Los Angeles-San Diego-San Luis Obispo Rail Corridor Agency (LOSSAN} and the Southern California Association of Governments (SCAG).

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

Brief comparison of the OCTA and TCA as transportation agencies.

The OCTA, directed by an 18-member Board of Directors, is Orange County's multi-modal transportation agency, responsible for countywide regional transportation planning, including programming of state transportation funds, operating bus service countywide, funding street, road, transit and freeway projects, administering the countywide Master Plan of Arterial Highways, participating in joint powers agreements operating the Southern California Regional Rail Authority (Metrolink), the LOSSAN corridor agency, and operating toll lanes on SR 91. The OCTA is currently building $1. 7 billion of new toll lanes and other freeway improvements on Interstate 405 between SR 73 in Costa Mesa and the Los Angeles County line at Seal Beach as well as a $500 million street 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 8-16-22 / 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, the Foothill - Eastern at $144.6 million.

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

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

While the OCTA and TCA spending plans for 2022-2023 have taken center stage in recent times, in the last three-month period, the regional transportation agencies have taken other important actions:
• San Clemente City Turnback
By formula, San Clemente will receive about $1.2 million in 2022-2023 Measure M turn back funds administered by the OCTA.
• Serra siding
Metrolink and the OCTA have a Notice of Preparation (NOP) on file to widen a portion of the 9.3 mile single railroad track between the Orange County boundary line and San Clemente. This portion of the widening is basically in Dana Point, but sets the stage for double tracking into San Clemente. Comments on the NOP were collected in 2021. Over time, this is part of an anticipated $50 million widening project. • Interstate 5 improvements in San Clemente
A 4.8 mile improvement project of Interstate 5 from the San Diego County Line to Avenida Pico in San Clemente was previewed at the OCTA's March 28 Board meeting and presented to the San Clemente City Council on April 19, 2022. OCTA is the implementing agency on the 1-5 improvements 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 the draft scope of the 1-5 improvement 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 the late Fall of 2023. Although the 1-5 project design is not complete, preliminary work indicates some right-of-way acquisition may be needed, some 2 8-16-22 / 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/Local/M icrosoft/Wi ndows/I NetCache/Content. Outlook/DGCS7Z3 Y /Po werPoint%20(16).pdf.

When the 1-5 improvement 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 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. Improvements on 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 with regular project development updates. Currently, those plans and reports to the TCA board have been set aside).

Supervisor Bartlett said the three major transportation projects, all listed in the TCA South County Traffic Relief Study (SCTRE), are moving forward because of the combined regional efforts of the County, the OCTA, Caltrans, the City of San Clemente, and Rancho Mission Viejo. Supervisor Bartlett publicly applauded their cooperative and collaborative efforts to improve South County mobility. (The TCAs are not participating in the three regional transportation projects approved by the Board of Directors at this time, although the TCA's 2023 Strategic Plan, approved in March after months of discussion, includes a component for unspecified Regional Mobility Partnerships as one of its seven priority focus areas. The three Board-approved SCTRE projects have been set aside at this time while criteria are prepared to determine how the TCAs will partner with member agencies on regional mobility projects in the future).
• Los Patrones Parkway Extension
The OCTA Board of Directors has approved a $2.5 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 within the San Clemente city limits.

The LPPE is listed on the OCTA-administered Master Plan of Arterial Highways as a four-lane divided roadway, an untolled primary arterial. A final rough cost for the planned 4.8-mile-long road project may be as high as $240 million, depending on the findings of the first phase project study report, environmental considerations, and the preliminary highway design. The county's successful LPPE grant 3 8-16-22 / 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 coming from the County of Orange and from Rancho Mission Viejo.

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

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

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

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

Supervisors Wagner and Chaffee, both attorneys, both said they were confused by TCA General Counsel Ben Rubin's statements that the Settlement Agreement revisions -focused on rules for allocating about $25 million in TCA funds for environmental mitigation for a toll road that the 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 with The Reserve homeowners' group in San Clemente and the City of San Clemente. Director Huang, Chair of the FE TCA Board and an attorney, said that if any board member wanted additional information on the litigation strategy and the need for quick action, they could e-mail her and she would explain everything.
4 8-16-22 / 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 Fullerton, an OCTA board member, and Lake Forest City Councilman Scott Voigts, said they abstained from voting because they had not seen the OCTA letter.
{I believe the split vote, and the public arguments for fast action, were made to strengthen the environmental groups legal case at the expense of San Clemente and The Reserve. The actions smacked of retaliation by some TCA Board members -- and TCA staff -- for perceived snubs of the TCA by the County, the OCTA and San Clemente during development of the South County transportation issues cooperative agreement. The cooperative agreement on South County transportation issues was approved and signed by the governing boards of the OCTA, San Clemente and the County. The TCA initially participated in the cooperative agreement development, but dropped out of discussions of the document).

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

Prepared By:

Subject:

Fiscal Impact:

Summary:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: August 16, 2022
City Clerk
Joanne Baade, City Clerk
Scott Smith, City Attorney
Agenda Item \QB
Approvals:

City Manager t;9, )«.

Dept. Head --- ~
Attorney ~
Finance -p~v
URGENCY ORDINANCE ENACTING LOCAL CAMPAIGN C0NTR/BUT/0.N 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
·s-16-22 / 10B-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 lndeper:1dent 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 thatthe risk ef-·actualorperceived !'pay toplay"-corruption ·is:acompelling ·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 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 elimination of 8-16-22 / 10B-2
Agenda Rep011
Recommended
Action:

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-to-play" 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- IocaI--campa ign·-reportihg--1aws ··req Oife 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.

Newspaper Publication of Monetary Contributions
At its meeting of May 25, 2022, Council discussed consideration of the City Clerk preparing a synopsis of Form 460's (Recipient Committee Campaign Statement) and Form 496's (Independent Expenditure Report) for publication in the San Clemente Times, to notify the public of monetary contributions to each individual candidate.

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.
8-1 6-22 I 108-3
Agenda Rep011 Page 4

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 the CPI increases.

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 August 16, 2022.
- 4 : Determinewhetherornotto-directtheCityClerkto-publisha·sumrnaryof Fotfn 460's and Form 497's in the San Clemente Times.

Attachments: 1) Draft Urgency Ordinance
2) Draft Conventional Ordinance
3) Draft Campaign Contribution Disclosure Policy
Notification: None.
i:lchlcityclerklsecurelmy word\adminreport-contributionlimits(final).docx 8-16-22 I 108-4
ATTACHMENT 1
URGENCY ORDINANCE NO. __

AN URGENCY ORDINANCE OF THE CITY OF SAN CLEMENTE ADDING SECTION 2.04.1 00 TO CHAPTER 2.04 (CITY COUNCIL) OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE SAN CLEMENTE

MUNICIPAL CODE RELATING TO LOC AL 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 find ings by the City Council.

SECTION 2. CEQA. The City Council find s that the proposed amendments to the San Clemente Municipal Code are exempt from the requirements of the California Environmental Quality Act (CEOA) 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 m ay h ave a significant effect on the environment.

SECTION 3. Code Amendment. Section2.04.100 is hereby added to the San Clemente Municipal Code to read in full as follows:
8-16-22 / 108-5
CHAPTER 2.04 - CITY COUNCIL

2.04.010 - City Co unc il 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 fu ll 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.

1. "Candidate" means an individual who:
a. is listed on the ballot;
b. wh o 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 beha If for nomination for or election to any elective City office; or d. who receives a contribution or makes an expenditure or gives consent for any other person to receive a contribution or make an expenditure with a view to bringing about the individual's nomination or election to any elective City office, whether or not the specific elective office for which the candidate will seek nomination or election is known at the time the contribution is received or the expenditure is made and whether or not the candidate has announced the candidacy or filed a declaration of candidacy at such time.
"Candidate" includes any individual running to replace an incumbent City officer who is the subject of a recall election but does not include any person within the meaning of Section 3O·1.(b) of the Federal Election Campaign Act of 1971. An individual who becomes a candidate retains status as a 6 8-16-22 I 1 0B-6
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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 er 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 Subsectio11(G). .. ······••· .... ...... ··· ................. .......... .. .

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

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

C. Campaign Finance Disclosure/Electronic Filing.

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

2. Reportable contributions shall include, without limitation, money paid, loaned, contributed, or otherwise furnished to the candidate or any committee for the use of such candidate or such committee in aid of the candidate's election, or for the qualification, passage, or defeat of any city measure. Said disclosure shall include the name of the contributing person or entity and all other information required to be disclosed by the Political Reform Act of 1974, as amended. 8-16-22 / 10B-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 197 4, 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,
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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 formal
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. 8-16-22 I 108-8
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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 whichis-organize--cl solelyfor the-purposeof 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 expen.ditures 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 8-16-22 I 1 0B-9
No person who supplies goods or services or both goods and services to a candidate or any committee for use in connection with the campaign of a candidate or for or against a city measure may refuse to divulge or disclose to the enforcement authority that person's record of any expenditures made by the candidate or committee in payment for such goods or services or both.

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

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

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

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

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

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

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

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

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

2. Review of complaints of violation of this Section and criminal prosecution thereof may be commenced only by the enforcement authority appointed by the City Manager. The enforcement authority is authorized to commence and prosecute civil litigation to compel compliance with this Section or to 8-16-22 / 10B-10
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3. 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.

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.--lf a complaintdoesnot comply•with thes!HElqUitements,lhe - City Clerk shall return the ro mplaint to the complainant, with an explanation

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6. 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.

The enforcement authority shal l, 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 interesi.e{I parties shall be notified of the dismissal in writing.

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.

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.
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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 (0), whether by civil, ....... ..... _ ••• •• --- ••••• •• cnmmal oraaininistrative 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 candid ate 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 lo control campaign contributions and expenditures voids the effect of this Section." SECTION 4 .. Publication. The City Clerk shall certify to the adoption of this Urgency Ordinance and cause it, or a summary of it, lo be published once within 15 days of 8-16-22 I 10B-12
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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.
----------·-APPHOVED AND ADOPTED this•~ day of===-_, 2022. ..

Gene James, Mayor
ATTEST:

Laura Campagnolo, Legislative Administrator

STATE OF CALIFORNIA

COUNTY OF ORANGE

CITY OF SAN CLEMENTE
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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:
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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
\lcMatalch\cityc'e1k \secure\m y wo1dlcampa igncont1ibuli onordin ance-urge ncy .docx 8-16-22 I 108-14
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( 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 831 24; 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 CO UNCIL OF THE CITY OF SAN CLEMENTE DOES ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. T he 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 Am endment. Section 2.04.100 is hereby added to the San Clemente Municipal Code to read in full as follows:
8-16-22 / 108-15
CHAPTER 2.04 - CITY COUMCIL

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' politica I 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 pol itical 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 simpl ifying 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 197 4, 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 .
. ·--···-······· ...... --.-·······• .. ---- . .. --······------·-·· .. ···fr··-----···-··· 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 nominatirg petitions on the individual's behalf for nomination for or election to any elective City office; or d. who receives a contribution or makes an expenditure or gives consent for any other person to receive a contribution or make an expenditure with a view to bringing about the individual's nomination or election to any elective City office, whether or not the specific elective office for which the candidate will seek nomination or election is known at the time the contribution is received or the expenditure is made and whether or not the candidate has announced the candidacy or filed a declaration of candidacy at such time.
"Candidate" includes any individual running to replace an incumbent City officer who is the subject of a recall election but does not include any person within the meaning of Section 301 (b) of the Federal Election Campaign Act of 1971. An individual who becomes a candidate retains status as a 8-16-22 / 10B-16
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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 ele~tion 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, \Oler 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 th rough out 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 indivicilal 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. 8-16-22 / 108-17

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

4. Any elected officer, candidate, committee or other person required to file campaign statements, reports or other documents required by the Political Reform Act of 1974, as amended, shall file those statements, reports or other documents in person, 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, file the copy electronically.
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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 (C Pl) over the previous two (2) year period. The City Cieri< 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 Cieri< 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. 8-16-22 / 10B-18
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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 dale 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 cr contribution and, to the extent permitted by applicable law, return the contribution.

E. Suppliers of goods and services - Disclosure of records required 8-16-22 / 10B-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 meaSL1re 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 aythority;

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

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

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

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

2. Review of complaints of violation of this Section and criminal prosecution thereof may be commenced only by the enforcement authority appointed by the City Manager. The enforcement authority is authorized to commence and prosecute civil litigation to compel compliance with this Section or to 8-16-22 / 1 0B-20
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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 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 file the complaint with the City Clerk under penalty of perjury and include proof that the complainant is a resident of the City. Anonymous or non-resident complaints will not be reviewed and/or investigated. The complaint shall state a full recitation of all facts that are alleged to constitute a violation of --- ... --·· --this-Section. • If a complaint-does-not-comply-with these requirements~the City Clerk shall return the complaint to the complainant, with an explanation as to why it is insufficient for filing. Within five working days after accepting the complaint for filing, the City Clerk shall forward it to the enforcement authority.

4. Th~ 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.
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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 !he 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, ....... - c-rimii'fo::il-o(adrniiiislrative 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 3 0 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 8-16-22 I 1 0B-22
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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
8-16-22 / 108-23
APPROVED AS TO FORM:

CITY ATTORNEY
11cndala\chlcilycler~\secure\my wordlcampaignordinance,docx

LEGISLATIVE ADMINISTRATOR
of the City of San Clemente,
California
8-16-22 / 108-24
ATTACHM£M1 3

POLICY AND PROCEDURE
- -- ........ - ---= Subject: Disclosure of Political Coniributions·. Index: c,tyCou~~ii Number: 201-15
Effective Date: August 16, 2022 Prepared by: City Attorney

1.0 Approved by.
-- •<a,~ - ~ I
PURPOSE:

Receipt of political contributions does not disqualify local oliicials from making decisions relating to the source of those contributions. However, Stale 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 5 ;4; l.02100-.l,14O ; 66.1
8-16-22 I 1 0B-25
recommendation for such action when presented to the City Council. Bids or proposals lacking said disclosure shall be deemed incomplete.

CITY OF SAN CLEMENTE

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

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

City/County/State Date
Name of Contractor Print Name
Signature
NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE AGREEMENT AND MUST BE SIGNED AND ATTACHED HERETO.
2 5j4i2.012CO\J~ •ISJ;6G.2
8-16-22 / 108-26
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Agenda Item \Q C,
Js~N .C{~ Approvals:
.!:::: ~ ~.. . • ~ ::;al AGENDA REPORT City Manager es
u : -=-~ ('7'j
Dept. Head
SAN CLEMENTE CITY COUNCIL MEETING Attorney CJ Meeting Date: August 16, 2022 Finance 0R.

Department: City Manager
City Attorney
Prepared By: Scott Smith, City Attorney
Subject: INTRODUCTION OF ORDINANCE PROHIBITING UNLAWFUL POSSESSION OF CATALYTIC

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

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

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

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.
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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
8-16-22 I 10C-1
Agenda Report
Recommended