San Clemente City Council
April 4, 2023

910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor Duncan
Mayor Pro Tem Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember James
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting

CITY OF SAN CLEMENTE
Tuesday, April 4, 2023
City Council
Regular Meeting Agenda

RULES FOR ADDRESSING COUNCIL
• Members of the public may address the City Council on matters within the jurisdiction of the City of San Clemente.
• If you wish to address Council, please complete one of the blue speaker cards located at the entrance to the Council Chambers and turn it in to the City Clerk or Deputy City Clerk. • Persons wishing to address Council concerning an agendized item will be invited to address Council during the time that Council is considering that particular agenda item.

Persons wishing to address Council concerning a non-agendized issue will be invited to address Council during the “Oral Communications” portion of the meeting. • When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Please limit your presentation to three minutes.

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

Maintaining a safe, healthy atmosphere in which to live, work and play; Guiding development to ensure responsible growth while preserving and enhancing our village character, unique environment and natural amenities; Providing for the City’s long-term stability through promotion of economic vitality and diversity…
Resulting in a balanced community committed to protecting what is valued today while meeting tomorrow’s needs.

1 City Council Regular Meeting Agenda April 4, 2023
CLOSED SESSION (5:00 P.M.)
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code section 54956.9(a),(d)(1) Number of Cases: 3
Case Name: City of San Clemente v. Foothill/Eastern Transportation Corridor Agency, et al.

Riverside Superior Court Consolidated Case No.: RIC 1800232 CA Court of Appeal Case No.: E078045 (Fourth Appellate District, Division 2) Case Name: City of San Clemente v. Emergency Shelter Coalition, et al. Orange County Superior Court Case Number: 2020-01153535-CU-EI-CXC
Case Name: MDL No. 2804 National Prescription Opiate Litigation Proposed Opioid Settlement - Teva, Allergan, Walmart, Walgreens and CVS BUSINESS MEETING (6:00 P.M.)

CALL TO ORDER
INVOCATION – Senior Pastor Holland Davis, Calvary Chapel San Clemente

PLEDGE OF ALLEGIANCE

ROLL CALL

1. Special Presentations
A. Friends of the San Clemente Beaches and Parks Foundation Presentation by Rick Loeffler, President and CEO, San Clemente Beaches and Parks Foundation, providing an overview of the Friends Foundation organization and presentation of a donation to the City.

B. Presentation of Proclamation – National Public Safety Telecommunicators Week
Presentation of Proclamation to Orange County Fire Authority Division Chief Maule, setting apart April 9-15, 2023 as National Public Safety Telecommunicators Week.

2 City Council Regular Meeting Agenda April 4, 2023

2. Oral Communications (Part 1)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. Speakers may address Council once during either Oral Communications Part 1 or Part 2. A total time limitation of 30 minutes is allocated for Oral Communications Part 1, with each speaker being allotted 3 minutes in which to give his or her presentation. Speaker order is determined by the order in which speaker cards are provided to the City Clerk or Deputy City Clerk at the meeting. Speakers that cannot be accommodated during Oral Communications Part 1 will be invited to address Council during Oral Communications Part 2, which appears on this agenda as Item No. 10. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Subject to very limited exceptions, Council is not permitted to discuss or take action on items that do not appear on the agenda.

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

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

5. Closed Session Report - City Attorney

6. Consent Calendar
All items listed on the Consent Calendar are considered to be routine and will be enacted by one motion without discussion unless Council, Staff, or the public requests removal of an item for separate discussion and action.

A. City Council Minutes
Staff Recommendation:
(1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF MARCH 21, 2023.
(2) APPROVE THE CITY COUNCIL SPECIAL MEETING MINUTES OF MARCH 27, 2023.

B. Commission/Committee Minutes
Staff Recommendation:

Receive and file the following:
(1) DESIGN REVIEW SUBCOMMITTEE MEETING MINUTES OF MARCH 15, 2023.
(2) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF
FEBRUARY 28, 2023.

3 City Council Regular Meeting Agenda April 4, 2023
C. Warrant Register
(1) APPROVE WARRANT NOS. 587005
THROUGH 587153, PAID ON
3-17-23, IN THE AMOUNT OF $1,289,660.67
TOTAL WARRANT REGISTER $1,289,660.67
D. NOTICE OF COMPLETION - RICHARD T. STEED PARK SLOPE

EROSION REPAIRS
Staff Recommendation

1. Accept the Richard T. Steed Park Slope Erosion Repairs, from the contractor, O’Connell Engineering and Construction, Inc, Project No. 12161.

2. Authorize the Public Works Director/City Engineer to execute and record, the Notice of Completion for the Richard T. Steed Park Slope Erosion Repairs.

3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the contractor, O’Connell Engineering and Construction, Inc and no stop notices have been filed.

E. RESOLUTION 23-11 RATIFYING THE CITY COUNCIL DECISION OF

THE CONLEY APPEAL OF ADMINISTRATIVE ENCROACHMENT
PERMIT E22-0112
Staff Recommendation
Adopt Resolution No. 23-11 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

APPROVING THE APPLICANT'S APPEAL AND REVERSING THE

REVOCATION OF ADMINISTRATIVE ENCROACHMENT PERMIT
E22-0112 LOCATED AT 4055 VIA MANZANA.

4 City Council Regular Meeting Agenda April 4, 2023
F. LETTER OF SUPPORT FOR ASSEMBLY BILL 1708 (MURATSUCHI) - THEFT; LETTER OF OPPOSITION SENATE BILL 423 (WIENER) -
STREAMLINES HOUSING APPROVALS SB 35
Staff Recommendation

1. Approve, and authorize the Mayor to execute, the letter of support for Assembly Bill 1708, provided as Attachment 1 of the Administrative Report dated April 4, 2023, and on file with the City Clerk.

2. Approve, and authorize the Mayor to execute, the letter of opposition for Senate Bill 423, provided as Attachment 3 of the Administrative Report dated April 4, 2023, and on file with the City Clerk.

7. Public Hearings
The Public Hearing process includes a staff presentation, a presentation by the applicant not to exceed ten (10) minutes, and public testimony (not to exceed three minutes per speaker). Following closure of the Public Hearing, the City Council will respond to questions raised during the hearing, discuss the issues, and act upon the matter by motion.

A. ADOPTION OF THE DRAFT 2023-2024 ANNUAL ACTION PLAN FOR

EXPENDITURES OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Public Hearing to consider the proposed submission of the 2023-24 Annual Action Plan for the Community Development Block Grant.

Staff Recommendation

1. Approve, and adopt the draft 2023-24 Annual Action Plan for the use of Community Development Block Grant Funds.

2. Authorize the City Manager to submit the Annual Action Plan to HUD to execute the HUD contract.

3. Accept grant revenues of $314,259 from HUD to Miscellaneous Grants Fund (Fund 017).

4. Authorize a related budget appropriation of $314,259 to the CDBG fund for the amounts in the 2023-24 Action Plan.

5 City Council Regular Meeting Agenda April 4, 2023
B. REGISTRATION FEES AND POLICIES FOR THE SAN CLEMENTE JUNIOR

LIFEGUARD PROGRAM
Public Hearing to consider a City-initiated proposal to amend the parks and recreation program fee associated with the San Clemente City Junior Lifeguard program.

Staff Recommendation
Adopt Resolution No. 23-12 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADJUSTING THE FEE FOR

PARTICIPATION IN THE JUNIOR LIFEGUARD PROGRAM AND RESCINDING RESOLUTION NO. 16-24.

8. Unfinished Business
None.

9. New Business
A. PART-TIME CLASSIFICATION AND COMPENSATION STUDY FINDINGS

AND RECOMMENDATIONS
Staff Recommendation
Adopt Resolution No. 23-13 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING SPECIFIED

PAY GRADE CHANGES FOR HOURLY PART-TIME CLASSIFICATIONS AND

ADOPTION OF REVISED HOURLY PART-TIME SALARY SCHEDULE AND AMENDING RESOLUTION NO. 22-41 AND ANY OTHER RESOLUTIONS IN CONFLICT THEREWITH.

B. CONSIDERATION OF CITY COUNCIL POLICY UPDATES
(Agendized at the March 21, 2023 City Council meeting by Councilmember James, with the support of Mayor Duncan and Mayor Pro Tem Knoblock.) Staff Recommendation

1. Approve revised Policy and Procedure 1201-11 - City Council meeting and operating procedures.

2. Adopt Resolution No. 23-14 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CITY COUNCIL POLICY AND PROCEDURE 1201-11 (COUNCIL

MEETING AND OPERATING PROCEDURES) TO INCLUDE POLICIES
FOR DECORUM AT CITY COUNCIL MEETINGS.

3. Approve revised Policy and Procedure 1201-13 - Use of City of San Clemente Letterhead and Stationary.

6 City Council Regular Meeting Agenda April 4, 2023

4. Adopt Resolution No. 23-15 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CITY COUNCIL POLICY AND PROCEDURE 1201-13 (USE OF CITY
LETTERHEAD) TO INCLUDE POLICIES FOR PRESS RELEASES.

5. Approve Policy and Procedure 1201-8 - Legislative Body Reimbursement.

6. Adopt Resolution No. 23-16 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CITY COUNCIL POLICY AND PROCEDURE 1201-8 (LEGISLATIVE BODY

REIMBURSEMENT) TO INCLUDE AGENDIZING TRAVEL ON THE

CONSENT CALENDAR, REIMBURSABLE EXPENDITURES AND
APPROVALS FOR USE OF THE CITY CREDIT CARD.

C. CONSIDERATION OF A LOCAL VENDOR PREFERENCE ORDINANCE (Agendized at the March 21, 2023 City Council meeting by Councilmember James, with the support of Councilmember Knoblock and Councilmember Enmeier.)
Staff Recommendation
Approve a Local Vendor Preference for professional and other contractual services, and direct staff to prepare an Ordinance updating the San Clemente Municipal Code, Title 3 Revenue and Finance, Chapter 3.40, and update the applicable City of San Clemente's Policies and Procedures.

D. CONSIDERATION OF ADOPTING A RESOLUTION IN OPPOSITION TO CALIFORNIA ASSEMBLY BILL (AB) 1078
(Agendized at the March 21, 2023 City Council meeting by Mayor Pro Tem Knoblock, with the support of Councilmember Cabral and Councilmember James.)
Staff Recommendation
Determine whether to adopt Resolution No. 23-17 entitled A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, OPPOSING AB 1078.

7 City Council Regular Meeting Agenda April 4, 2023

10. Oral Communications (Part 2)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation, not to exceed three minutes. Subject to very limited exceptions, Council is not permitted to discuss or take action on items that do not appear on the agenda.

11. Items for Future Agendas

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

13. Adjournment
The next Regular Council Meeting is scheduled to take place on April 18, 2023. Closed Session will begin at 5:00 p.m. and the Regular Business Meeting will begin at 6:00 p.m. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

8 City Council Regular Meeting Agenda April 4, 2023

CITY COUNCIL MEETING PROCEDURES

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

MEETINGS RECORDED AND TELEVISED
City Council meetings are broadcast live and are replayed periodically on Cox Communications Local Access Channel 854. Meetings are also available for live-stream or post meeting viewing from the City’s website.

Meetings are also recorded via audio CD and/or DVD and retained as a City record in accordance with the City’s records retention schedule.

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

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

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

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

MEETING SCHEDULE
Regular Council Meetings are held on the first and third Tuesdays of each month in the Council Chambers, located at 910 Calle Negocio, 2nd floor, San Clemente. Closed Session are considered at 5:00 p.m. and the Business Meeting begins at 6:00 p.m. Additional meetings of the City Council may be called as needed.

AGENDAS, ADMINISTRATIVE REPORTS AND SUPPLEMENTAL WRITTEN MATERIALS Agendas and Administrative Reports are available for review and/or copying at the City Clerk’s Department as soon as agendas are posted, by accessing the City’s website at www.san-clemente.org. An “Inspection Copy” of agenda materials is also located at the entrance to the Council Chambers during meetings for public review. All written material distributed to a majority of the Council after the original agenda packet was distributed is available for public inspection in the City Clerk’s Department, located at 910 Calle Negocio, San Clemente, during normal business hours.

The City Clerk’s Department offers an agenda packet subscription service free of charge. If you wish to receive email copies of City Council agendas, which include hyperlinks to staff reports and other back-up material, register at http://san-clemente.org/enotification.

9 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 4/4/2023 Agenda Item: (1)
Subject:

APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF MARCH 21, 2023.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 3/30/2023
powered by Legistar™ 10
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers

CITY OF SAN CLEMENTE
Tuesday, March 21, 2023 5:00 PM
City Council
Regular Meeting Minutes
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting
Mayor Duncan
Mayor Pro Tem Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember James
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Regular Meeting of the San Clemente City Council was called to order by Mayor Duncan on March 21, 2023 at 5:00 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT: Cabral, Enmeier, James, Knoblock and Mayor Duncan STAFF PRESENT: Andy Hall, City Manager; Scott Smith, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk

CLOSED SESSION
Brad Malamud, San Juan Capistrano, opined that the claim was incorrectly linked to the agenda; commented on the merits of the case and sound study at San Gorgonio Park.

Concerned resident, San Clemente, displayed a photograph and opined on California Environmental Quality Act (CEQA) concerning the installation of pickleball at San Gorgonio Park. A hard copy of the photograph is on file with the City Clerk.

AQ expressed concerns regarding the installation of pickleball at San Gorgonio Park; opined that it was retaliatory to attach the claim to the agenda.

Motion by Councilmember James, second by Mayor Pro Tem Knoblock, to recess to Closed Session at 5:09 p.m. to discuss the following:

A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2)
Number of Cases: 2
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

11 City Council Regular Meeting Minutes March 21, 2023
Pickleball
Councilmember James, with the support of Councilmember Cabral and Mayor Pro Tem Knoblock, requested the City Manager to provide short term solutions concerning alternative pickleball courts at the April 4, 2023 City Council meeting.

BUSINESS MEETING

INVOCATION
Fr. Benjamin Tran, Our Lady of Fatima Catholic Church, gave the invocation.

PLEDGE OF ALLEGIANCE
San Clemente High School Boys Varsity Soccer team member led the Pledge of Allegiance.

1. Special Presentations
A. FEBRUARY UPDATE ON THE HOMELESS ISSUE
Deputy Community Development Director Atamian narrated a PowerPoint presentation entitled "Community and Engagement Monthly Report - February 2023" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Councilmember Enmeier narrated a PowerPoint presentation entitled "The Unhoused San Clemente" concerning the Homeless Subcommittee Round Table meeting. A hard copy of the presentation is on file with the City Clerk.

San Clemente Police Services Captain Christian provided background to Council concerning Martin v. Boise.

Public comments and discussion on this item were moved to after Oral Communications Part 1. A summary of the action taken is below.

Rick Loeffler commented on Martin v. Boise as it relates to enforcement.

Lois McNicoll, San Clemente, urged Council to take action on the homeless issue.

Donna Vidrine, San Clemente, urged Council to take action on an emergency temporary shelter to be used during inclement weather.

Shelley Moore encouraged Council to enforce the laws.

Michelle Brooks, San Clemente, opined that the County should have a homeless shelter on County land; urged Council to enforce laws.

12 City Council Regular Meeting Minutes March 21, 2023
Darryl McFann, San Clemente, opined on the Homeless Round Table meeting and the impact of the homeless on North Beach.

AQ spoke on homeless issues in San Clemente and the impact on the residents.

Kathy Esfahani, San Clemente, opined that a puntitive approach to homelessness is ineffective; urged Council to partner with a non-profit organization and open a shelter.

Sahl Martin, San Clemente, displayed photographs of homeless issues in North Beach. A hard copy of the photographs are on file with the City Clerk.

Motion by Councilmember James, second by Councilmember Cabral, CARRIED 5-0, to hold a Special Meeting on March 27, 2023 at 7:00 p.m. to consider a contract award with Gatekeepers Security providing private security services to address the homeless issues within the City.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
Motion by Councilmember Enmeier, second by Mayor Duncan to direct City staff to provide long term and short term action plan(s) to address homelessness in San Clemente. THIS MOTION WAS TABLED (see substitute motion below).

Substitute motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 3-2 (Councilmember Enmeier and Mayor Duncan voting noe), to table the motion to direct staff to provide long term and short term action plan to address homelessness in the City until the Homeless Subcommittee has completed its work and reported back to Council with recommendations.

AYE: Cabral, James and Knoblock
NOE: Enmeier and Mayor Duncan
B. PRESENTATION OF PROCLAMATION - AMERICAN RED CROSS MONTH Mayor Duncan presented a Proclamation to David Engwall, Vice Board Chair of the American Red Cross, proclaiming March 2023 as American Red Cross Month.

C. PRESENTATION OF COMMENDATION - SAN CLEMENTE HIGH SCHOOL

BOYS VARSITY SOCCER TEAM
Mayor Duncan presented a Commendation to the San Clemente High School Boys Varsity Soccer Team in honor of winning the CIF Title.

13 City Council Regular Meeting Minutes March 21, 2023
D. 2023 WYLAND NATIONAL MAYOR’S CHALLENGE FOR WATER

CONSERVATION
Water Conservation Analyst Beach narrated a PowerPoint presentation entitled "Wyland National Mayor's Challenge for Water Conservation" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Motion by Councilmember James, second by Mayor Pro Tem Knoblock, to approve, and authorize the Mayor or his designee to, execute, the online letter of support for, and the City's participation in, the National Mayor's Challenge.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

2. Oral Communications (Part 1)
Brad Malamud opined on the Toll Road appeal and recommended that Council settle the suit; recommended that Council adopt a most favored nations clause in all legal services contracts; commented on Mayor Duncan's travel to the Mayor's Conference in Washington D.C.

Rick Loeffler, President and CEO of the Friends of the Beaches and Parks Foundation, requested that Council agendize a presentation from the Friends of the Beaches and Parks Foundation on the work they perform in the community; spoke on the need to increase the stipend for Council.

Ken Poczekaj, North Beach Community Association, presented Council with photographs; expressed concerns regarding homeless activity in North Beach. A hard copy of the photographs are on file with the City Clerk.

Rey Harju narrated a PowerPoint presentation concerning the North Beach Community Association; suggested solutions for Council in addressing issues related to homelessness. A hard copy of the presentation is on file with the City Clerk.

AQ narrated a PowerPoint presentation entitled "Partisan Press Conference" related to the landslide at the 1500 Block of Buena Vista. A hard copy of the presentation is on file with the City Clerk.

Presentation by the Friends of San Clemente Beaches and Parks Motion by Councilmember Cabral, second by Councilmember James, CARRIED 5-0, to agendize a Special Presentation by the Friends of San Clemente Beaches and Parks Foundation at the April 4, 2023 City Council meeting.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

14 City Council Regular Meeting Minutes March 21, 2023
Incident Command System
Councilmember James, with the support of Council, requested that the City's Incident Command System (ICS) be evaluated; provide Council with an after action report on Buena Vista landslide.

3. Motion waiving reading in full of all Resolutions and Ordinances Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to waive reading in full of all Resolutions and Ordinances.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

4. Consideration of agendizing items requiring immediate action None.

5. Closed Session Report - City Attorney
No reportable action was taken in Closed Session.

6. Consent Calendar
The following Items have been removed from the Consent Calendar for discussion: 6A(1), 6F and 6L
B. Commission/Committee Minutes
Motion by Councilmember James, second by Councilmember Enmeier, CARRIED 5-0, to receive and file the following:
(1) PLANNING COMMISSION REGULAR MEETING MINUTES OF MARCH 8, 2023.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
C. Warrant Register
Motion by Councilmember James, second by Councilmember Enmeier, CARRIED 5-0, to:
(1) APPROVE WIRE TRANSFER NOS.
2810 THROUGH 2813 AND WARRANT NOS.
586714 THROUGH 586892, PAID ON
3-3-23, IN THE AMOUNT OF $4,565,865.58

15 City Council Regular Meeting Minutes March 21, 2023
(2) APPROVE WIRE TRANSFER NOS.
2814 THROUGH 2817 AND WARRANT NOS.
586893 THROUGH 587004, PAID ON
3-10-23, IN THE AMOUNT OF $2,671,864.29
TOTAL WARRANT REGISTER $7,237,729.87
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
Payroll Register
Motion by Councilmember James, second by Councilmember Enmeier, CARRIED 5-0, to:
$448,178.19
APPROVE WARRANT NO. 899, AUTOMATIC
DEPOSIT ADVISES 84321 THROUGH 84610,
FOR THE PERIOD 2-20-23 THROUGH 3-5-23,
PAID ON 3-10-22, IN THE AMOUNT OF
TOTAL PAYROLL REGISTER $448,178.19
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
D. NOTICE OF COMPLETION - TREE AND PALM PLANTING ON CALLE DEL

CERRO AND AVENIDA VISTA MONTANA
Motion by Councilmember Cabral, second by Councilmember James, CARRIED 3-0-2 (Mayor Pro Tem Knoblock and Councilmember Enmeier abstaining), to:

1. Accept the Tree and Palm Plantings on Calle Del Cerro and Avenida Vista Montanta, from the contractor, Marina Landscape, Inc., Project No. 12306.

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the Tree and Palm Plantings on Calle Del Cerro and Avenida Vista Montana.

3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Maintenance Services Division that no liens have been levied against the contractor, Marina Landscape, Inc.

4. Authorize the City Clerk to release the Performance Bond.

AYE: Cabral, James and Mayor Duncan
NOE: None
ABSTAIN: Enmeier and Knoblock

16 City Council Regular Meeting Minutes March 21, 2023
E. ORDINANCE 1749 (SECOND READING) - CITY MANAGER AUTHORITY TO

DISPOSE OF CLAIMS AGAINST THE CITY
Motion by Councilmember James, second by Councilmember Enmeier, CARRIED 5-0, to adopt Ordinance No. 1749 entitled AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION 2.08.090 OF THE SAN CLEMENTE MUNICIPAL CODE RELATING

TO THE CITY MANAGER'S AUTHORITY TO DISPOSE OF CLAIMS AGAINST THE CITY.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
G. NOTICE OF COMPLETION - FY 2023 PAVEMENT PRESERVATION

PROGRAM
Motion by Councilmember James, second by Councilmember Enmeier, CARRIED 5-0, to:

1. Accept the FY 2023 Pavement Preservation Program from the contractor, Palp Inc. DBA Excel Paving Company, CIP Project No. 23303.

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the FY 2023 Pavement Preservation Program.

3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the contractor, Palp, Inc. DBA Excel Paving Company.

4. Authorize the City Clerk to release the Performance Bond upon receipt of a Warranty Bond in the amount of 25% of the construction cost.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

17 City Council Regular Meeting Minutes March 21, 2023
H. FINANCIAL ASSISTANCE APPLICATION TO THE STATE WATER

RESOURCES CONTROL BOARD FOR THE WATER RECYCLING FUNDING

PROGRAM
Motion by Councilmember James, second by Councilmember Enmeier, CARRIED 5-0, to adopt Resolution No. 23-08 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

AUTHORIZING A FINANCIAL ASSISTANCE APPLICATION TO THE STATE

WATER RESOURCES CONTROL BOARD FOR THE RECYCLED WATER

QUALITY IMPROVEMENT PROJECT AT THE CITY OF SAN CLEMENTES WATER RECLAMATION PLANT.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
I. 2022 GENERAL PLAN ANNUAL PROGRESS REPORT
Motion by Councilmember James, second by Councilmember Enmeier, CARRIED 5-0, to:

1. Adopt Resolution No. 23-06 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ACCEPTING THE GENERAL PLAN 2022 ANNUAL PROGRESS REPORT.

2. Direct staff to submit the 2022 Annual Progress Report to the State as required by law.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
J. GRANT FUNDING APPLICATION TO THE BUREAU OF RECLAMATION’S

WATERSMART WATER RECYCLING AND DESALINATION PLANNING

PROGRAM
Motion by Councilmember James, second by Councilmember Enmeier, CARRIED 5-0, to adopt Resolution No. 23-07 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

AUTHORIZING AN APPLICATION FOR GRANT FUNDING BY THE BUREAU

OF RECLAMATION'S WATERSMART WATER RECYCLING AND

DESALINATION PLANNING PROGRAM FOR THE RECYCLED WATER
EXPANSION PROJECT- PLANNING PHASE.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

18 City Council Regular Meeting Minutes March 21, 2023
K. CONTRACT AMENDMENT - “ON-CALL GRANT FUNDING ASSISTANCE”

CONSULTING SERVICES
Motion by Councilmember James, second by Councilmember Enmeier, CARRIED 5-0, to approve, and authorize the Public Works Director/City Engineer to execute, Amendment No. 1 to Contract No. AC-1090, by and between the City of San Clemente and Engineering Solutions Services, providing for On-Call Grant Funding Assistance consulting services. This amendment increases the contract amount from $48,000 to $98,000 (an increase of $50,000).

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
M. CONTRACT AWARD - ADVANCED MAINTENANCE AND SUPPORT FOR

PERMITTING AND LICENSING SOFTWARE
Motion by Councilmember James, second by Councilmember Enmeier, CARRIED 5-0, to approve, and authorize the City Manager to execute, Contract No. C23-12, by and between the City of San Clemente and ClientFirst Technology Consulting, providing for Permitting and Licensing System Advanced Maintenance and Support Services, in an amount not to exceed $24,500.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
N. ESTABLISHMENT OF WEED ABATEMENT PROGRAM FOR 2023
Motion by Councilmember James, second by Councilmember Enmeier, CARRIED 5-0, to adopt Resolution No. 23-09 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
PURSUANT TO SECTIONS 39561 AND 39562 OF THE CALIFORNIA

GOVERNMENT CODE DECLARING WEEDS, RUBBISH, REFUSE, AND DIRT

UPON STREETS, SIDEWALKS, PARKWAYS, AND PRIVATE PROPERTY TO

BE PUBLIC NUISANCES AND PROVIDING FOR THE ABATEMENT
THEREOF.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

19 City Council Regular Meeting Minutes March 21, 2023

ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION
A. City Council Minutes
Donna Vidrine, San Clemente, commented on the City Council direction for item 9(A) - Implementation of Emergency Actions to Assist Unsheltered Individuals During Times of Inclement Weather. Provided a copy of her comments from March 7, 2023, a hard copy is on file with the City Clerk.

Motion by Councilmember James, second by Councilmember Cabral, CARRIED 5-0, to:
(1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF MARCH 7, 2023.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
F. CONTRACT AMENDMENT - AVENIDA PICO CLASS 1 BIKE/PEDESTRIAN PATH PHASE 1, AND AVENIDA PICO WIDENING I-5 TO FRONTERA AQ commented on the Avenida Pico bike lane and potential impacts to the current street configuration.

Assistant City Engineer Ponsen reviewed the contents of the Administrative Report dated March 21, 2023 and on file with the City Clerk and responded to Council inquiries.

Motion by Councilmember Cabral, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. C20-69, by and between the City of San Clemente and Stantec, providing for additional evaluation and design services for the Avenida Pico Class 1 Bike/Pedestrian Path and Class 2 Bike Lane. This amendment increases the contract amount from $367,403 to $383,903 (an increase of $16,500) and extends the contract term to December 31, 2023.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

20 City Council Regular Meeting Minutes March 21, 2023
L. CONTRACT AMENDMENT - AS-NEEDED BUILDING PLAN CHECK

SERVICES
Building Official Holden reviewed the contents of the Administrative Report and responded to Council inquiries.

AQ expressed concerns regarding the contract extension.

Motion by Councilmember Cabral, second by Councilmember James, CARRIED 5-0, to approve, and authorize the City Manager to execute, Amendment No. 6 to Contract AC-826, by and between the City of San Clemente and West Coast Code Consultants, providing as-needed plan check services. This amendment increases the contract amount from $385,000 to $485,000 (an increase of $100,000).

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

7. Public Hearings
A. CONLEY HEARING ON APPEAL OF ADMINISTRATIVE ENCROACHMENT PERMIT E22-0112
Motion by Councilmember James, second by Councilmember Cabral, CARRIED 5-0, to allow all speakers, including stakeholders, 3 minutes to address Council.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
Public Works Director/City Engineer Koger narrated a PowerPoint presentation entitled "Continuation of Conley Hearing on Appeal of Administrative Encroachment Permit Number E22-0112" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

John Conley spoke in opposition to the revocation and discussed the area in question.

Mitch and Arlene Irion spoke in support of the revocation and displayed their proposed plans for the property. A hard copy of the presentation is on file with the City Clerk.

William Cunningham recommended a compromise for the two parties.

Brian Demsey narrated a PowerPoint presentation concerning the Conley landscape improvements. A hard copy of the presentation is on file with the City Clerk.

There being no others desiring to speak, Mayor Duncan closed the Public

21 City Council Regular Meeting Minutes March 21, 2023
Hearing.

Motion by Councilmember James, second by Councilmember Cabral, CARRIED 5-0, to:

1. Reverse the revocation of Administrative Encroachment Permit E22-0112.

2. Reinstate Administrative Encroachment Permit E22-0112.

3. Agendize a Resolution to ratify the decision at the April 4, 2023 City Council meeting.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

MEETING RECESSED
Meeting recessed at 8:35 p.m., and reconvened at 8:42 p.m. with all Councilmembers present.

8. Unfinished Business
A. CONTRACT AWARD - LEGISLATIVE ADVOCACY SERVICES
City Manager Hall reviewed the contents of the Administrative Report and responded to Council inquiries.

AQ narrated a PowerPoint presentation entitled "Legislative Advocacy Services" concerning the proposed contract award. A hard copy of the presentation is on file with the City Clerk.

Motion by Councilmember Cabral, second by Councilmember James, CARRIED 5-0, to approve, and authorize the City Manager to execute, Contract No.

C23-13, by and between the City of San Clemente and Aprea & Micheli, providing for Legislative Advocacy Services, in the amount of $300 per hour for the contract term of April 1, 2023 to March 31, 2025.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

22 City Council Regular Meeting Minutes March 21, 2023

9. New Business
A. POLICY AND PROCEDURE 1201-11 - CITY COUNCIL MEETING AND

OPERATING PROCEDURES (PROPOSED UPDATE PURSUANT TO
COUNCIL’S DIRECTION OF FEBRUARY 21, 2023, AND AN UPDATE TO THE

CITY COUNCIL TRAVEL POLICIES TO IMPROVE COUNCIL

COMMUNICATION AND PUBLIC TRANSPARENCY
AQ narrated a PowerPoint presentation entitled "Travel Expense" concerning Mayor Duncan's travel to the Mayor's Conference in Washington D.C. A hard copy of the presentation is on file with the City Clerk.

Motion by Mayor Duncan, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to continue the consideration of updates to Policy and Procedure 1201-11 - City Council Meeting and Operating Procedures and include an update to the City Council Travel policies to the April 4, 2023 City Council meeting.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
Media Release Policy
Councilmember James, with the support of Mayor Duncan and Mayor Pro Tem Knoblock, agendized consideration of a policy concerning press releases and other releases to the media.

B. YOUTH SPORT PARTNERSHIP AGREEMENT RENEWALS
Beaches, Parks and Recreation Director Wylie reviewed the contents of the Administrative Report and responded to Council inquiries.

Council requested that Beaches, Parks and Recreation Director Wylie provide estimated number of players for each sport played in San Clemente.

Beaches, Parks and Recreation Director Wylie announced that in FY 2023-24 Beaches, Parks and Recreation Department will initiate a Cost of Services Study as a part of the budget approval; developing a field closure policy.

Concerned resident, presented a video of traffic conditions during scheduled athletic activities at San Gorgonio Park; expressed concerns regarding the current traffic conditions.

AQ expressed concerns regarding safety at San Gorgonio Park and how residency is established with the youth sports organizations.

Motion by Mayor Pro Tem Knoblock, second by Councilmember Enmeier, CARRIED 5-0, to:

1. Approve Platinum Partnership status to American Youth Soccer Organization

23 City Council Regular Meeting Minutes March 21, 2023
Region 111, San Clemente Little League, and South Coast Youth Football each with a one-year agreement.

2. Approve Platinum Partnership status to San Clemente Girls Softball for the spring 2023 season with an option to extend for up to one-year if residency requirements are met.

3. Approve Gold Partnership status to Elite Soccer League with a one-year agreement.

4. Authorize the Beaches, Parks & Recreation Director to execute the sport partnership agreements for each organization.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
C. APPOINTMENT OF BURKE, WILLIAMS AND SORENSEN TO PROVIDE CITY

ATTORNEY SERVICES TO THE CITY OF SAN CLEMENTE
City Attorney Smith recused himself due to a financial interest and left the dais at 9:17 p.m.

City Manager Hall reviewed the contents of the Administrative Report and responded to Council inquiries; recognized City Attorney Smith for his service to the City.

Kathy Ward, San Clemente, recognized City Attorney Smith for his service to the City.

Bob Baker, San Clemente, recognized City Attorney Smith for his service to the City.

Council recognized City Attorney Smith for his exemplary service to the City of San Clemente.

Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:

1. Approve, and authorize the City Manager to execute, Contract No. C23-14, by and between the City of San Clemente and Burke, Williams and Sorensen LLP, providing for legal services for the City of San Clemente.

2. Approve, and authorize the City Manager to administer an immediate work transition between Best, Best and Krieger and Burke, Williams and Sorensen LLP and to present a longer term transition plan to the City Council at a future date.

AYE:

NOE:

Cabral, Enmeier, James, Knoblock and Mayor Duncan
None

24 City Council Regular Meeting Minutes March 21, 2023
City Attorney Smith returned to the dais at 9:32 p.m.

10. Oral Communications (Part 2)
Sara Martin commented on homeless issues at North Beach.

Concerned resident, San Clemente, opined on the impact of pickleball on the quality of life of residents living near San Gorgonio Park.

11. Reports
A. Commissions and Committees
None.

B. Council Subcommittee Updates
None.

C. Council Members
Local Vendor Preference
Councilmember James, with the support of Mayor Pro Tem Knoblock and Councilmember Enmeier, directed staff to evaluate the possibility of allowing local vendors a 10% cost preference.

Contract Alternatives
Councilmember James, with the support of Councilmember Cabral and Councilmember Enmeier, directed the City Manager to research the possibility of implementing hiring an alternative vendor when the contracted vendor has exceeded their contract amount instead of initiating an amendment with the current contractor.

Weed Abatement
Councilmember James, with the support of Councilmember Cabral and Mayor Duncan, requested to have the weed abatement program be included in the annual budget.

Council Retreat
Mayor Pro Tem Knoblock, with the support of Council, requested that a "Council Retreat" be scheduled to provide Council an opportunity to discuss non-agenda items related to the City.

25 City Council Regular Meeting Minutes March 21, 2023
AB 1078 (Jackson): Instructional Materials: removing instructional materials and curriculum diversity
Mayor Pro Tem Knoblock, with the support of Councilmember Cabral and Councilmember James, agendized consideration of adopting a Resolution in opposition to AB 1078. Mayor Pro Tem Knoblock provided a draft Resolution, a hard copy is on file with the City Clerk.

D. City Attorney
Outgoing City Attorney
City Attorney Smith expressed appreciation to Council for the opportunity to serve the Council and the City of San Clemente for the past 8 years.

E. City Manager
Announcement of Contracts Approved and Executed by the City Manager City Manager Hall reported that the following professional services contracts were executed under his signature authority: 1) Environmental Compliance Experts, LLC providing for the Annual Hazardous Materials Business Plan Preparation and Submission for the City's Water Utilities in the amount of $18,000. 2) Vortex Industries, LLC providing for door replacements at the Water Reclamation Plant in the amount of $27,700.

12. Adjournment
Motion by Councilmember James, second by Mayor Duncan, CARRIED 5-0, to adjourn at 9:51 p.m. to a Special Meeting to be held on March 27, 2023, at 7:00 p.m. The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

The next Regular Meeting will be held on April 4, 2023. Closed Session will begin at 5:00 p.m.The Business Meeting will commence at 6:00 p.m. The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
_______________________________
MAYOR of the City of
San Clemente, California
_______________________________

CITY CLERK of the City of
San Clemente, California
26 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 4/4/2023 Agenda Item: (2)
Subject:

APPROVE THE CITY COUNCIL SPECIAL MEETING MINUTES OF MARCH 27, 2023.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 3/30/2023
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910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers

CITY OF SAN CLEMENTE
Monday, March 27, 2023 7:00 PM
City Council
Special Meeting Minutes
7:00 p.m. - Closed Session
7:15 p.m. - Business Meeting
Mayor Duncan
Mayor Pro Tem Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember James
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Special Meeting of the San Clemente City Council was called to order by Mayor Duncan on March 27, 2023 at 7:00 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT: Cabral, Enmeier, James, Knoblock and Mayor Duncan STAFF PRESENT: Andy Hall, City Manager; Elizabeth Mitchell, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk

CLOSED SESSION
Concerned resident, San Clemente, expressed concerns regarding the noticing of Closed Session Item A.

Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to recess to Closed Session at 7:03 p.m. to discuss the following:

A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2)
Number of Cases:1
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

SPECIAL MEETING
The meeting reconvened at 7:17 p.m. with all Councilmembers present.

PLEDGE OF ALLEGIANCE
Mayor Duncan led the Pledge of Allegiance.

28 City Council Special Meeting Minutes March 27, 2023
Closed Session Report - City Attorney
City Attorney Mitchell announced that Council took no reportable action during this evening's Closed Session.

1. Oral Communications
Brad Malamud opined that Council needs to allow the City Manager time to research vendors/contracts.

Donna Vidrine spoke on other municipalities success in addressing homelessness.

AQ opined on errors on the Aprea & Micheli staff report and contract; spoke on the emergency response to the Buena Vista landslide.

Javier Arnoni expressed concerns regarding panhandling in San Clemente; requested that the traffic engineer evaluate the traffic signal at Avenida Vista Hermosa and Via Turqueza.

Cathy Domenichini urged council to provide the Homeless Outreach Workers access to a discretionary fund for after hours emergencies.

Danean Pysz read a statement from Shawn Baker who was displaced due to flooding at her apartment and is now living in her vehicle.

Concerned resident, San Clemente, requested that City Attorney Mitchell be introduced to the citizens; acknowledged City Manager Hall for his responsiveness to citizens.

Lois McNicoll, San Clemente, opined that the County's Department of Social Services is available for assistance for the homeless; expressed concerns over allocating City resources and enabling homeless individuals.

Lisa Edone, San Clemente, express concerns regarding the number of individuals living in recreational vehicles within the City.

Dennis Grimes, San Clemente, opined on feeding homeless individuals and enabling individuals.

Jill Watson opined that not all homeless individuals are from San Clemente; opined that San Clemente doesnt have the resources to support a homeless shelter.

29 City Council Special Meeting Minutes March 27, 2023

2. CONTRACT AWARD - SPECIAL COUNSEL SERVICES AGREEMENT WITH

BEST, BEST, AND KRIEGER (BB&K) FOR TRANSITIONAL CITY ATTORNEY

SERVICES
Brad Malamud opined that Best Best and Krieger should not charge for the transition to Burke, Williams and Sorensen; urged Council to not approve the contract.

Concerned resident, San Clemente, opined that Scott Smith and Mal Richardson were the only attorneys authorized to work for the City under the contract with Best, Best and Krieger and any other services performed by other attorneys should be refunded to the City.

AQ expressed concerns regarding the Best, Best and Krieger contract; opined that Best, Best and Krieger owes the City a refund for services not performed by Scott Smith.

City Manager Hall reviewed the contents of the Administrative Report dated March 27, 2023 and responded to Council inquiries.

Motion by Councilmember Enmeier, second by Councilmember Cabral, CARRIED 4-1 (Mayor Pro Tem voting Noe), to approve, and authorize the City Manager to execute, Contract No. C23-15, a Special Counsel Services Agreement, by and between the City of San Clemente and Best, Best & Krieger, providing for special counsel services for the City of San Clemente, effective March 27, 2023. Council directed staff to provide a report of anticipated costs concerning the transition from Best, Best and Krieger to Burke, Williams and Sorensen at the April 18, 2023 City Council meeting.

AYE: Cabral, Enmeier, James and Mayor Duncan
NOE: Knoblock

3. CONSIDERATION OF RESOLUTION 23-10 AUTHORIZING THE CITY

MANAGER TO EXECUTE A CONTRACT BETWEEN GATEKEEPERS
SECURITY SERVICES INC. AND THE CITY OF SAN CLEMENTE FOR

SECURITY SERVICES ON A TRIAL BASIS
City Manager Hall narrated a PowerPoint presentation concerning consideration of a contract with Gatekeepers Security Services and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Grant Norman, owner operator of Gatekeepers Security Services, provided an overview of services and potential benefits to the community; responded to Council inquiries.

Meeting Recessed
The meeting was recessed at 8:58 p.m., reconvened at 9:05 p.m. with all

30 City Council Special Meeting Minutes March 27, 2023
Councilmembers present.

Rick Loeffler spoke in support of a contract with Gatekeepers Security Services.

Lisa Edone spoke in support of a contract with Gatekeepers Security Services.

Cord Bauer spoke in support of a contract with Gatekeepers Security Services.

Ed Kweskin, San Clemente, made recommendations to Council concerning homeless issues.

Brad Malamud opined that the contract should be tabled to grant the City Manager the opportunity to work towards a solution and/or alternatives to address ordinance violations.

Jenifer Massey spoke in opposition to the contract with Gatekeepers Security Services; made recommendations to Council to address homeless issues.

Cathy Domenichini expressed concerns regarding the direction to staff by Council concerning the security contract, scope and cost; opined that additional bids should be obtained to evaluate a cost/scope comparison.

Julie Crandall, Disability Rights of California, spoke in opposition of the contract with Gatekeepers Security Services.

Mike Dobbles, San Clemente, spoke in support of the contract with Gatekeepers Security Services.

Darryl McFann spoke in support of the contract with Gatekeepers Security Services.

Kathy Esfahani spoke in opposition of the contract with Gatekeepers Security Services.

Donna Vidrine, San Clemente, spoke in opposition of the contract with Gatekeepers Security Services.

Dennis Kamp, San Clemente, expressed concerns regarding inconsistencies in the proposal and resolution.

Reverend Juli Patten, Christ Lutheran Church, spoke in opposition to the contract with Gatekeepers Security Services.

Rick Price, San Clemente, spoke in support of the contract with Gatekeepers Security Services.

Michelle Alexander, San Clemente, spoke in support of the contract with Gatekeepers Security Services.

31 City Council Special Meeting Minutes March 27, 2023
Sara Martin, San Clemente, spoke in support of the contract with Gatekeepers Security Services.

Sahl Martin, San Clemente, spoke in support of the contract with Gatekeepers Security Services.

Ryan Gunn, San Clemente, spoke in support of the contract with Gatekeepers Security Services.

Corrine Van Dyk spoke in opposition of the contract with Gatekeepers Security Services.

Bill Hopkins spoke in support of the contract with Gatekeepers Security Services.

Herb Yengo expressed concerns regarding criminal activity in North Beach; expressed support for additional deputy's.

Bridget Callanan, San Clemente, spoke in opposition to the contract with Gatekeepers Security Service.

Michelle Brooks, San Clemente, spoke in support of the contract with Gatekeepers Security Services.

Tawni Burns, San Clemente, expressed concerns regarding liability to the City if Council approves the contract with Gatekeepers Security Services; supports contract with Gatekeepers Security Services.

Rey Harju, San Clemente, spoke in support of the contract with Gatekeepers Security Services.

Shelley Moore spoke in support of the contract with Gatekeepers Security Services.

Jill Watson, San Clemente, spoke in support of the contract with Gatekeepers Security Services.

AQ spoke in support of the contract with Gatekeepers Security Services.

Motion by Councilmember Cabral, second by Councilmember James, to adopt Resolution No. 23-10 entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE CITY

MANAGER TO PREPARE AND EXECUTE A CONTRACT BETWEEN
GATEKEEPERS SECURITY SERVICES INC. AND THE CITY OF SAN
CLEMENTE FOR SECURITY SERVICES ON A TRIAL BASIS.

THIS MOTION WAS TABLED (see substitute motion below).

32 City Council Special Meeting Minutes March 27, 2023
Substitute motion by Councilmember Enmeier, second by Mayor Duncan, to direct City staff to report back to Council with multiple security options to find the best fit for San Clemente.

Substitute motion by Mayor Pro Tem Knoblock, second by Councilmember Enmeier, to direct the City Manager to analyze the public safety issues and determine the necessary resources to address issues in North Beach/Del Mar and, if the City Manager deems necessary, issue a Request for Proposal for security services, and provide a report at the April 18, 2023 City Council meeting with the recommendation.

Councilmember Enmeier withdrew his substitute motion to direct City staff to report back to Council with multiple security options to find the best fit for San Clemente.

Motion by Mayor Pro Tem Knoblock, second by Mayor Duncan, CARRIED 5-0, to allow Captain Christian, Chief of San Clemente Police Services, to respond to Council inquiries.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
Continue Meeting Past 11:00 P.M.

Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to continue the meeting past 11:00 p.m.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
The substitute motion was voted on, a summary of action is as follows:

Substitute motion by Mayor Pro Tem Knoblock, second by Councilmember Enmeier, CARRIED 3-2 (Councilmember Cabral and Councilmember James voting Noe) to direct the City Manager to analyze the public safety issues and determine the necessary resources to address issues in North Beach/Del Mar and, if the City Manager deems necessary, issue a Request for Proposal for security services, and provide a report at the April 18, 2023 City Council meeting with the recommendation.

AYE: Enmeier, Knoblock and Mayor Duncan
NOE: Cabral and James

33 City Council Special Meeting Minutes March 27, 2023

4. Adjournment
Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to adjourn at 11:08 p.m. The next Regular Meeting will be held on April 4, 2023. Closed Session will begin at 5:00 p.m.The Business Meeting will commence at 6:00 p.m. The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
_______________________________
MAYOR of the City of
San Clemente, California
_______________________________
CITY CLERK of the City of
San Clemente, California

34 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 4/4/2023 Agenda Item: (1)
Subject:

DESIGN REVIEW SUBCOMMITTEE MEETING MINUTES OF MARCH 15, 2023.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 3/29/2023
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38 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 4/4/2023 Agenda Item: (2)
Subject:

PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF FEBRUARY 28, 2023.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 3/29/2023
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 4/4/2023 Agenda Item: (1)
Subject:

Warrant Nos. 587005
through 587153, paid on
3-17-23, in the amount of $1,289,660.67
TOTAL WARRANT REGISTER $1,289,660.67
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57 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 4/4/2023 Agenda Item: D.

Department: Public Works
Prepared By Belgin Cuhadaroglu, Associate Civil Engineer Subject:

ACCEPTANCE AND NOTICE OF COMPLETION FOR THE RICHARD T. STEED PARK SLOPE EROSION REPAIRS, PROJECT NO. 12161
Summary:

Acceptance and Notice of Completion for O’Connell Engineering and Construction, Inc. for contract work on the Richard T. Steed Park Slope Erosion Repairs. Refer to Attachment 1 for Location Map and Attachment 2 for Notice of Completion.

Background:

On February 7, 2023, City Council awarded a construction contract to O’Connell Engineering and Construction, Inc. to repair and restore the eroded slope at Richard T. Steed Park, behind the ballfields and west of Calle Extremo. This erosion was caused by heavy rains in January, 2023 (Attachment 3). The repairs have been completed and a summary of construction expenditures is provided below:

Construction Management, Soils Testing
and Inspection $ 19,500
Construction 100,360
Total Project Construction cost $119,860
Council Options:
· Accept the Notice of Completion for the Richard T. Steed Park Slope Erosion Repairs and direct staff to conduct the actions included in the staff recommendation. · Continue the item with direction to provide additional information.

Fiscal Impact:

The construction cost of $119,860 is within the approved construction budget of $125,560 from the Disaster Relief Fund.

Recommended Actions:

Staff Recommendation

1. Accept the Richard T. Steed Park Slope Erosion Repairs, from the contractor, O’Connell Engineering and Construction, Inc.; Project No.12161.

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of CITY OF SAN CLEMENTE Page 1 of 2 Printed on 3/30/2023
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Meeting Date: 4/4/2023 Agenda Item: D.

Completion for the Richard T. Steed Park Slope Erosion Repairs, Project No. 12161; and

3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the Contractor, O’Connell Engineering and Construction, Inc. and no stop notices have been filed.

Attachment:

1. Location Map

2. Notice of Completion

3. Staff Report Dated February 7, 2023 (without attachments) Notification:

None.

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FRESNO

VIA PRESA

AVE LA PATA

CLE DEL CERRO

CLE AMANECER CLE SOMBRA

VIA ZARAGOZA PASEO ALBA

VIA SANTA MARIA

FINCA ST

CLE PASTADERO
(G ST)

CAM SAN JOSE CLE
(K ST) GEMA ST
(L ST)

FINCA ST
(J ST)

ALBERGAR ST

CLE PINTORESCO

CLE IGLESIA

CLE IGLESIA
(I ST)
(H ST)

VIA CALLEJON

CLE SOL

CLE PASTADERO

VIA COCO

CAM KATIA

CLE SOL

AVE FABRICANTE

AVE LA PATA

CALLE EXTREMO VIA PRESA

AVD FABRICANTE

GURREGO

EL BERRO

AVE OSSA

EL VUELO

BOLIVIA

DEL DIOS

LOMA ADRIA

ZORRO VISTA

LA FREMONTIA
FUTURA

LA SALLE

FIGUEROA

RIO LINDO

EL CHICO

CARNAROS CHAPITAL

OPTIMO ST

AVE VISTA MONTANA STA CLARA

CLE IGLESIA

CLE PINTORESCO

PASEO PINTO

CIRCULO EL

PLAZA FLORA

CALLE CARACAS

VIA LA MISSION

SAN MARTIN

NOGALES

VIAAMENO

CRESCENTA AVE DE

CLE SOMBRA
Richard T. Steed Park
Slope Erosion Repairs

NOT TO SCALE
PN 12161

PROJECT

LOCATION

LOCATION MAP
Attachment 1
60 Attachment 2
Recording Requested By:

City of San Clemente
When Recorded, Mail To:

Public Works Department
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Recorded for the benefit of the City of San
Clemente and exempt from recording fees
pursuant to Government Code Section 27383.

Space above this line is for Recorder’s Use Only

NOTICE OF COMPLETION
Notice is hereby given by the City of San Clemente, a Municipal Corporation, that a public work of improvement has been completed as follows:

1. Project title or description of work: Richard T. Steed Park Slope Erosion Repairs, Project No. 12161

2. Date of completion: February 28, 2023

3. Street address or legal description of the project site: Richard T. Steed Memorial Park, 247 Avenida La Pata, San Clemente, CA 92672

4. Name of owner: City of San Clemente

5. Interest or estate of owner: Fee Property

6. Address of owner: 910 Calle Negocio, San Clemente, CA 92673 Name and address of contractor: O’Connell Engineering & Construction, Inc., 36572 Deauville Road, Winchester, CA 92596
I am the Public Works Director/City Engineer for the City of San Clemente, a Municipal Corporation, the owner of the indicated interest or estate in the property described above.

I make this verification on behalf of the City of San Clemente. I have read this Notice of Completion and know its contents. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on __________________________ in San Clemente, California. ________________________________________
Kiel Koger, Public Works Director/City Engineer
City of San Clemente
61 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/7/2023 Agenda Item: 6L
Department: Public Works
Prepared By: Amir K. Ilkhanipour, Principal Civil Engineer Subject:

CONSTRUCTION CONTRACT AWARD TO O’CONNELL ENGINEERING AND CONSTRUCTION, INC. FOR THE RICHARD T. STEED PARK SLOPE EROSION REPAIRS, PROJECT NO. 12161 Fiscal Impact:

The estimated repairs cost of $125,560 is provided from in the Disaster Relief Fund. There is adequate funding for this expenditure.

Summary:

Staff recommends approval of a construction contract with O’Connell Engineering and Construction, Inc., in the amount of $98,460 for Richard T. Steed Park Slope Erosion Repairs.

Background:

On January 25, 2023, Public Works was notified of an eroded slope behind the ballfields, west of Calle Extremo, in the Richard T. Steed Park (as shown on Attachment 1). This erosion occurred during recent heavy rains and requires immediate repairs. Due to the urgency of the repairs, staff contacted three contractors that are currently working for the City and are performing satisfactorily. A site visit was conducted and a bid package was provided thereafter to these contractors. Staff received bids on January 30, 2023. O’Connell Engineering and Construction, Inc. of Winchester, California, and Diamond Construction and Design of La Habra, California provided bids in the amount of $98,460 and $253,598, respectively.

The lowest responsive bidder was O’Connell Engineering and Construction, Inc. at $98,460. Based on the low base bid, the repairs cost is estimated as follows:

Soils Testing and Inspection $ 17,300
Construction Contract 98,460
Contingency (10%) 9,800
Total Estimated repairs Cost $125,560
As required by City Policy and State Law, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 2). Project plans and specifications are on file in the City Clerk's Office.

Recommended Actions:

Staff Recommendation

1. Make a finding that an emergency exists in providing erosion repairs on the slope adjacent to CITY OF SAN CLEMENTE Page 1 of 2 Printed on 2/2/2023
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Attachment 3
62 Meeting Date: 2/7/2023 Agenda Item: 6L

1. Make a finding that an emergency exists in providing erosion repairs on the slope adjacent to the ball fields at the Richard T. Steed Park to potentially prevent or mitigate impairment to property and public services that might otherwise occur if required to incur delays attributed to the typical engineering design and public competitive bidding process; and

2. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C23- 07, by and between the City of San Clemente and O’Connell Engineering and Construction, Inc., providing for the Richard T. Steed Park Slope Erosion Repairs, in the amount of $98,460, Project No. 12161.

Attachment:

1. Location Map

2. Draft O’Connell Construction Contract
Notification:

None.

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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 4/4/2023 Agenda Item: E.

Department: Public Works
Prepared By: Kiel Koger, Public Works Director / City Engineer Subject:

RESOLUTION 23-11 RATIFYING THE CITY COUNCIL DECISION OF THE CONLEY APPEAL OF ADMINISTRATIVE ENCROACHMENT PERMIT E22-0112
Fiscal Impact:

None
Summary:

At its March 21, 2023 meeting, the City Council conducted a hearing to consider an appeal of Administrative Encroachment Permit (AEP) E22-0112. Following the hearing, the City Council approved the appeal of the applicant and directed staff to reinstate the AEP granted to the Conleys at 4055 Via Manzana. The City Council directed staff to prepare a Resolution to ratify the reinstatement of the AEP that will allow the Conleys to continue to maintain the landscaping in the subject right-ofway area.

During discussion of the motion, City Council also acknowledged that the neighboring property owners at 27001 Paseo Activo may apply for an AEP for access to future improvements, which subsequently, could result in modifications of the Conley AEP.

Background:

Section 12.20.020 of the San Clemente Municipal Code (SCMC) governs Encroachment Permits for private improvements constructed within the street right-of-way. Upon staff interpretation of the Municipal Code and terms of the executed AEP, and in consideration of the request by the residents of 27001 Paseo Activo to access their parcel for future improvements, the Public Works Director revoked AEP E22-0112. The decision of the Public Works Director was appealed to the City Council per SCMC 17.12.140.

Discussion:

Both the appealing party (Conley) and the party requesting the revocation (Irian) were allowed to present testimony for the City Council to consider. The City Council initially moved to continue the item for 60 days to allow the parties to reach a mutual agreement. The parties were not able to reach a mutual decision and the hearing was concluded. The City Council determined the Conley’s to be the appropriate party to continue the maintenance of the right of way, but the City Council indicated that if the AEP could be modified in the future if needed for access.

Resolution 23-11 encompasses the determination of the City Council.

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Meeting Date: 4/4/2023 Agenda Item: E.

City Council Options and Recommended Actions:
· Adoption of Resolution 23-11
· Continue the Item with direction to staff to provide additional information · Deny Resolution 23-11
Staff Recommends That the City Council:

Adopt Resolution No. 23-11 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING THE APPLICANT’S APPEAL AND REVERSING THE REVOCATION OF ADMINISTRATIVE ENCROACHMENT PERMIT E22-0112 LOCATED AT 4055 VIA MANZANA. ..recommendation
Attachment:

1. Draft City Council Resolution 23-11

2. Site Plan

3. Conley AEP E22-0112

4. City Letter Revoking AEP E22-0112

5. Conley Notice of Appeal

6. Agenda Report for City Council Hearing on March 21, 2023 (without attachments) Notification:

Notice was previously mailed to property owners within 300 feet, posted on-site, and published in the SC Times.

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ATTACHMENT 1
RESOLUTION NO. 23-11

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING THE
APPLICANT’S APPEAL AND REVERSING THE

REVOCATION OF ADMINISTRATIVE ENCROACHMENT
PERMIT E22-0112 LOCATED AT 4055 VIA MANZANA
WHEREAS, on March 25, 2022, an application was submitted, and completed on April 26, 2022, by John and Sharon Conley, 4055 Via Manzana, San Clemente, CA, 92672; for Administrative Encroachment Permit (AEP) E22-0112, a request to maintain landscaping improvements within street right-of-way. The applicants’ property legal description is Lot 18 of Tract 4850 and Assessor’s Parcel Number 675-191-08; and WHEREAS, on May 9, 2022, the Public Works Director/City Engineer approved AEP E22-0112; and
WHEREAS, on August 1, 2022, an application was submitted, and amended on October 26, 2022, by the property owners of 27001 Paseo Activo for an AEP to improve and maintain landscaping improvements and an access path in the same area subject to the Conley’s AEP E22-0112; and
WHEREAS, on November 15, 2022, the Public Works Department notified the Conley’s that AEP E22-0112 was being revoked per clauses within Covenant 2, 5, and 6 of the executed AEP; and
WHEREAS, on December 19, 2022, the Conleys finalized an appeal application of the revocation of AEP E22-0112; and
WHEREAS, on January 17, 2023, the City Council of San Clemente held a dulynoticed public hearing on the subject application and appeal, considered written and oral comments, and facts and evidence presented by the applicant, appellants, City staff, and other interested parties. At that meeting, the appeal was continued by the City Council to allow time for the applicant and the owners of 27001 Paseo Activo to potentially resolve the conflicting issues; and
WHEREAS, on March 21, 2023, the City Council of San Clemente held a dulynoticed public hearing on the subject application and appeal, considered written and oral comments, and facts and evidence presented by the applicant, appellants, City staff, and other interested parties. At that meeting, the City Council acknowledged the rights of the property owners of 27001 Paseo Activo to apply for an AEP for access purposes, and the motion to approve the appeal was adopted.
66 Resolution No. 23-0___ Page 2
NOW, THEREFORE, The City Council of the City of San Clemente does hereby find, determine and resolve as follows:

Section 1. Incorporation of Recitals.

The City Council hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the City Council as fully set forth in this resolution.

Section 2. CEQA Findings: CEQA does not apply to the project, pursuant to CEQA Guidelines Section 15301, because the project involves existing improvements with insignificant modifications.

Section 3. Administrative Encroachment Permit Findings
With respect to Administrative Encroachment Permit (AEP) E22-0112 for the proposed landscape improvements within the street right-of-way, the City Council finds as follows:

A. The proposed use of right-of-way is permitted pursuant to the approval of an Administrative Encroachment Permit and complies with the applicable provisions of Municipal Code 12.20, in that:

1. Decisions of the Public Works Director for Administrative Encroachment Permits may be appealed to the City Council.

2. The proposed use is subject to land use controls mandated within the General Plan such as, Urban Design Element- Public Places Policy UD1.06 Streets, “We recognize that public streets are important public spaces as well as transportation routes and support their occasional closure for community events, where feasible. Sidewalks, street trees, landscaping, and other amenities should be provided and maintained to keep these spaces attractive”, and Urban Design Element- Maintenance Policy UD4.01 Long-Term Quality, “We require all public and privately owned structures, aboveground infrastructure (including utilities), landscaping and property (including trails and easements) to be designed and maintained to ensure their long-term quality and appearance”.

3. The proposed improvements may be modified by the Public Works Director or City Council in the future as needed or in the event that the property owners of 27001 Paseo Activo apply and are approved for an Administrative Encroachment Permit for access improvements.

Section 4. City Council Approval.

Based on the foregoing recitals and findings above, and the written and oral comments, facts, and evidence presented, the City of San Clemente City Council Approves the Appellant’s Appeal and Reverses the Revocation of AEP E22-0112. 67 Resolution No. 23-0___ Page 3
Section 5. Certification.

The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
68 Resolution No. 23-0___ Page 4

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, Laura Campagnolo, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. _________ was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
City Attorney

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ATTACHMENT 2
71 72
73 74
75 76
77 78
79 80
81 82
83 84
85 86
87 88
89 90
91 92
93 94
95 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 3/21/2023 Agenda Item: 7A
Department: Public Works
Prepared By: Kiel Koger, Public Works Director / City Engineer Subject:

CONTINUATION OF CONLEY HEARING ON APPEAL OF ADMINISTRATIVE ENCROACHMENT PERMIT E22-0112
Fiscal Impact:

None
Summary:

On January 17, 2023, City Council held a hearing for consideration of an appeal of Administrative Encroachment Permit E22-0112. After discussion, the City Council voted to continue the item for two months so the Conleys and Irions could meet and hopefully resolve the issue of competing interest in the use of the public right-of-way. Staff has been informed by both parties that there was a meeting to discuss a potential resolution but unfortunately, no progress was made.

Section 12.20.020 of the San Clemente Municipal Code (SCMC) governs Encroachment Permits for private improvements constructed within the street right-of-way. In accordance with the Municipal Code, the Public Works Director revoked Administrative Encroachment Permit (AEP) E22-0112. The decisions of the Public Works Director may be appealed to the City Council per SCMC 17.12.140.

Upon revocation of the Conley AEP another AEP application was submitted by the Irions whose property is directly abutting and adjacent to the street right-of-way.

Background:

The Conleys, residents of 4055 Via Manzana in San Clemente, informed staff that they have been maintaining a portion of the city right-of-way in front of 27001 Paseo Activo in San Juan Capistrano for approximately 30 years. The City limit runs between the properties and a majority of 27001 Paseo Activo is within the City of San Juan Capistrano (see Attachment 1). The Conleys were issued an Administrative Encroachment Permit (AEP) by San Clemente staff in May 2022 (Attachment 2) to continue maintaining this parkway with the understanding that the permit could be revoked if their neighbors (Irions), who live at 27001 Paseo Activo, utilized or needed access to their property located on the other side of the easement. The Irions subsequently applied to the City of San Clemente for an AEP in August 2022 to maintain this area and to construct a border wall in the city right-of-way.

The Irion’s application was partially approved in October 2022. The partial approval would allow retaining walls, landscaping and lights in the public right-of-way area, but not in the area of the Conley improvements.

The Irions resubmitted their application in October 2022 to include all elements of the original request in addition to the construction of a pergola and privacy walls on their property in San Juan Capistrano. The application also included a building permit for the privacy wall issued from the City of San Juan Capistrano. The Irion AEP application was tentatively approved by San Clemente staff CITY OF SAN CLEMENTE Page 1 of 4 Printed on 3/16/2023
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Meeting Date: 3/21/2023 Agenda Item: 7A
of San Juan Capistrano. The Irion AEP application was tentatively approved by San Clemente staff on November 15, requiring revocation of the Conley’s previous (revocable) AEP on the same day (Attachment 3).

Staff has been involved with this issue for over a year. Below is a timeline of key events:
· November 30, 2021 - Staff met with the Conleys on site to assess the issue (the Irions were present).
· December 9, 2021 - After review of the City’s Municipal Code and the State Streets and Highway Code, staff determined that the maintenance of the City right-of-way should be conducted by the neighboring property owner (the Irions). · January 2022 - The Irions removed landscaping.
· May 2022 - The Conleys formally applied for and were awarded an AEP (E22-0112) to maintain the right-of-way area with the understanding that the Irions would be allowed access to their property through this area in the future if needed and the permit may be revoked at any time.
· August 1, 2022 - The Irions submitted an AEP application to install walls within the city right-of-way, landscaping, lights, etc. up to the Conley’s property line. · September 22, 2022 - The Irion’s application was partially approved with the exception of the right-of-way walls in the area of the Conley’s existing permit. · October 4, 2022 - Staff met with the Irions to discuss the permit application. · October 26, 2022 - The Irions resubmitted their AEP application with a copy of a building permit from San Juan Capistrano (dated 10/24/22) to build a privacy wall on their property. They requested also to install walls within the city right-of-way, landscaping, lights, etc. up to the Conley’s property line. The associated pergola is proposed to be less than 120 square feet therefore it does not require a building permit from San Juan Capistrano.
· November 15, 2022 - The Irion’s permit was verbally approved and the Conleys were notified in writing that their permit was being revoked giving them 3 weeks to remove landscaping from the area per the signed AEP.
· November 24, 2022 - The Conleys sent an email requesting an appeal of revocation of AEP.
· December 6, 2022 - City Council requested staff return with a summary of the revocation of the Conley AEP.
· December 12, 2022 - After staff consultation with the City Attorney, the Conley’s were notified of the appeal fee and requirements for providing public notice documents. · December 19, 2022 - The Conley’s paid the appeal fee and provided the necessary public notice documents.
· December 20, 2022 - City Council received and filed staff’s report on a summary of the Conley AEP and revocation of the permit.
· Per Municipal Code 17.12.140, a public hearing on an appeal was held on January 17, 2023. City Council voted to continue the item for two months to allow time for the Conleys and Irions to meet and potentially resolve the issue.

Discussion:

The City of San Clemente Municipal Code (SCMC) states under Chapter 12.24 “Maintenance, Repair, Protection and Landscaping of Public Property by Abutting Property Owners” and subsection CITY OF SAN CLEMENTE Page 2 of 4 Printed on 3/16/2023
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Meeting Date: 3/21/2023 Agenda Item: 7A
Repair, Protection and Landscaping of Public Property by Abutting Property Owners” and subsection

12.24.020A that “the owner of any property fronting on or adjacent to any portion of a street, sidewalk, bikeway, trail or parkway shall perform landscape maintenance on any and all trees, shrubs, hedges and/or ground cover (excluding street trees) on his or her property including any portion of such a tree, shrub, hedge or ground cover which encroaches into the street, sidewalk, bikeway, trail or parkway.”
The Street and Highways Code of California also states in Chapter 22, Section 5610 that “the owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto.” The term “sidewalk” includes a park or parking strip maintained in the area between the property line and the street line and also includes curbing, bulkheads, retaining walls or other works for the protection of any sidewalk or of any such park or parking strip.

According to the Conley’s Notice of Appeal (Attachment 4), the grounds of the appeal are related to the matter of the Irions residing in San Juan Capistrano, and that there is no need for the 3 foot walkway to access the Irion’s property. There is also mention of the Irions potentially planning an Accessory Dwelling Unit (ADU) or another structure in the area.

The Administrative Encroachment Permit (Attachment 2) executed by the City and the Conleys states that the “City reserves the right to allow and permit future modifications to the City Property at any time and for any reason. The modifications to the City Property may result from, among other things, the issuance of an encroachment permit to another party and/or activities by City, another government agency or public utility, or any other party allowed by City to obtain access to inspect and/or maintain, repair, replace, or add other facilities or improvements within the City Property.” Consistent with the executed agreement, and City and State codes, staff revoked the Conley’s AEP (Attachment 3) upon receipt of an AEP application from the Irions whose property is directly abutting and adjacent to the subject area of street right-of-way.

Although there are a lot of external elements and discussion, the role of the City Council is quite narrow in this case. Plainly stated, the City Council is being asked to affirm or reverse the decision of the Public Works Director to revoke the Administrative Encroachment Permit issues to the Conleys at 4055 Via Manzana in San Clemente. The interests of the City are to ensure the right of way is maintained in an attractive manner that will not have a negative impact on any property owners in the vicinity, and to provide necessary and appropriate access to private property.

City Council Options and Recommended Actions:

City Council Options
· Affirm the decision of the Public Works Director to revoke the Administrative Encroachment Permit granted to the Conleys at 4055 Via Manzana.

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Meeting Date: 3/21/2023 Agenda Item: 7A
· Modify and affirm the decision of the Public Works Director to revoke the Administrative Encroachment Permit granted to the Conleys at 4055 Via Manzana. · Continue the Item and direction the staff to take a specific action. · Reverse the decision of the Public Works Director and reinstate the Administrative Encroachment Permit granted to the Conleys at 4055 Via Manzana.

Staff Recommendation
Staff recommends that the City Council affirm the decision of the Public Works Director revoking Administrative Encroachment Permit E22-0112.

Attachment:

1. Site Plan

2. Conley AEP E22-0112

3. City Letter Revoking AEP E22-0112

4. Conley Notice of Appeal
Notification:

Notice was previously mailed to property owners within 300 feet, posted on-site, and published in the SC Times.

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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 4/4/2023 Agenda Item: F.

Department: City Clerk
Prepared By Laura Campagnolo, City Clerk
Subject:

LETTER OF SUPPORT FOR ASSEMBLY BILL 1708 (MURATSUCHI) - THEFT; LETTER OF OPPOSITION SENATE BILL 423 (WIENER) - STREAMLINES HOUSING APPROVALS SB 35
Summary:
-
CalCities is requesting written support from elected officials on Assembly Bill 1708 (Muratsuchi) and written opposition of Senate Bill 423 (Wiener).

SUPPORT - ASSEMBLY BILL 1708 (MURATSUCHI) - Theft.

Assembly Bill 1708 would amend Proposition 47 to increase accountability for repeat theft offenders and offer pathways for pre-plea diversion programming. CalCities is requesting City’s support AB1708 to find solutions that fix Proposition 47.

Summary of AB 1708

1. Requires a person convicted of petty theft or shoplifting, with two or more prior convictions for specified theft-related offenses, to be punished by imprisonment in county jail for up to one year.

2. Authorizes a city, county prosecuting authority, or county probation department to create a diversion program for persons who commit repeat theft offenses.

3. Any provisions that amend Proposition 47 would become effective only upon approval by the voters at the next statewide general election.

OPPOSE - SENATE BILL 423 (WIENER) - Streamlined housing approvals: multifamily housing developments: SB35 (Chapter 366, Statutes of 2017) expansion.

In 2017, the Legislature passed, and the Governor signed SB 35. This law makes the approval of multifamily developments “ministerial” actions with little or no ability for City Council input or approval.

As a result, the approval of these developments pre-empts local discretionary land use authority, bypasses the California Environmental Quality Act (CEQA), and ignores public input.

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Meeting Date: 4/4/2023 Agenda Item: F.

Summary of SB 423
· Removes the 2026 sunset and makes SB 35 statutes permanent. · Applies SB 35 provision to cities that have not been found in substantial compliance with housing element law by the department.
· Applies SB 35 provisions to developments in the Coastal Zone. · Allows the state to approve housing developments on property they own or lease without being required to follow local zoning and development standards. · Prohibits a city from enforcing its inclusionary housing ordinance if the income limits are higher than those in SB 35.

Council Options:
· Authorize the Mayor to execute the letter of support and letter of opposition. · Continue the item with the direction to Staff to provide additional information. · Deny support/opposition of legislative bills.

Fiscal Impact:

None.

Recommended Actions:

Staff Recommendation

1. Approve, and authorize the Mayor to execute, the letter of support for Assembly Bill 1708.

2. Approve, and authorize the Mayor to execute, the letter of opposition for Senate Bill 423.

Attachment:

1. Support Letter for AB 1708 (Muratsuchi)

2. AB 1708 Bill Text

3. Opposition Letter SB 423 (Wiener)

4. Cal Cities Opposition Letter

5. SB 423 Bill Text
Notification:
-
The Honorable Al Muratsuchi (via email)
Senator Janet Nguyen (via email)
Congressman Mike Levin (via email)
Assemblywoman Laurie Davies (via email)
League of California Cities (via email)
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 3/30/2023
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ATTACHMENT 1
City Hall ● 910 Calle Negocio, San Clemente CA 92673 ● (949) 361-8200 ● www.san-clemente.org

OFFICE OF THE MAYOR

AND CITY COUNCIL
Chris Duncan
Mayor
Steve Knoblock
Mayor Pro Tem
Victor Cabral
Mark Enmeier
Gene James

CITY MANAGER
Andy Hall
910 Calle Negocio
San Clemente, CA 92673
Phone: (949) 361-8200
“The Spanish Village
by the Sea”
April 4, 2023
The Honorable Reginald Jones-Sawyer
Chair, Assembly Public Safety Committee
Legislative Office Building
1020 N Street, Room 111
Sacramento, CA 95814
RE: AB 1708 (Muratsuchi) Theft.

Notice of SUPPORT (As Amended 3/9/23)
Dear Assembly Member Jones-Sawyer,
The City of San Clemente is pleased to support AB 1708 (Muratsuchi). This measure would increase accountability for repeat theft offenders and offer pathways for pre-plea diversion programming. If passed, the bill would send the issue to the voters for approval at the next statewide general election.

This strategy is one of many supported by cities to address crime and its underlying causes. We remain committed to improving California’s carceral systems, interrupting and ending cycles of recidivism, and building a community-based system of care that appropriately meets the needs of all community members.

Proposition 47 of 2014 made promises of safe neighborhoods, but the unintended consequences that followed have provided anything but.

According to a February 2023 study conducted by the Public Policy Institute of California, a strong majority of Californians worry they or a family member will be a victim of a crime (21% very, 44% somewhat). This is the sentiment being felt by residents of cities throughout the state.

CELEBRATING 90 YEARS OF INCORPORATION
102

Our communities deserve better, and cities are more than ready to find solutions that fix Proposition 47.

The City of San Clemente is keenly interested in exploring additional strategies to address the impacts of crime in our communities. This includes resources to improve community safety through prevention and early intervention programming, as well as improved re-entry service provision for our formerly incarcerated community members.

While these provisions have historically been the responsibility of state and county departments, cities are interested in increased collaboration to meet these urgent needs.

For these reasons, the City of San Clemente requests your support on AB 1708.

Sincerely,
Chris Duncan
Mayor
City of San Clemente
cc: The Honorable Al Muratsuchi
(via email: [email protected])
Senator Janet Nguyen (via email: [email protected]) Congressman Mike Levin (via email: [email protected]) Assemblywoman Laurie Davies (via email:

[email protected]) League of California Cities (via email: [email protected])
103
AMENDED IN ASSEMBLY MARCH 9, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1708
Introduced by Assembly Member Muratsuchi
February 17, 2023
An act relating to corrections. to amend Sections 459.5 and 490.2 of, to add Section 666.1 to, and to add Chapter 2.97 (commencing with Section 1001.98) to Title 6 of Part 2 of, the Penal Code, relating to theft.
legislative counsel’s digest
AB 1708, as amended, Muratsuchi. Corrections: rehabilitative programing. Theft.
(1) Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, defines and prohibits an act of shoplifting and prohibits prosecution for an act of shoplifting under any other law.

This bill would refine the definition of shoplifting and would specifically exclude certain offenses from prosecution as shoplifting, including, among others, the theft of a firearm or vehicle, identity theft, and credit card fraud.
(2) Existing law requires, except as excluded, the theft of any property valued below $950 to be charged as petty theft, a misdemeanor.

This bill would similarly exclude certain offenses from this provision, including, among others, the theft of a vehicle, identity theft, and credit card fraud.
(3) Existing law provides that a person with a prior conviction for specified sex offenses may be charged with a felony for shoplifting or for theft of property not exceeding $950 in value.
98 ATTACHMENT 2
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This bill would require a person convicted of petty theft or shoplifting, if the person has 2 or more prior convictions for specified theft-related offenses, to be punished by imprisonment in the county jail for up to one year, or for 16 months, or 2 or 3 years.
(4)  Existing law, until January 1, 2026, authorizes a city or county prosecuting authority or county probation department to create a diversion or deferred entry of judgment program pursuant to this section for persons who commit a theft offense or repeat theft offenses, as specified.

This bill would authorize a city or county prosecuting authority or county probation department to create a diversion program for persons who commit theft or repeat theft offenses, as specified. (5)  This bill would provide that the provisions of the bill that amend Proposition 47 would become effective only upon approval of the voters, and would provide for the submission of those provisions to the voters for approval at the next statewide general election.

Existing law requires the Department of Corrections and Rehabilitation to conduct rehabilitative programming in a manner that meets specified requirements, including minimizing program wait times and offering a variety of program opportunities to inmates regardless of security level or sentence length.

This bill would express the intent of the Legislature to enact legislation that would increase accountability for repeat offenders through participation in rehabilitative services.

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

State-mandated local program: no.

The people of the State of California do enact as follows:
line 1 SECTION 1. Section 459.5 of the Penal Code is amended to line 2 read:
line 3 459.5. (a)  Notwithstanding Section 459, shoplifting is defined line 4 as entering a commercial establishment with intent to commit line 5 larceny while that establishment is open during regular business line 6 hours, with the intent to steal retail property or merchandise, where line 7 the value of the property that is taken or intended to be taken does line 8 not exceed nine hundred fifty dollars ($950). Any other entry into line 9 a commercial establishment with intent to commit larceny is line 10 burglary. Shoplifting shall be punished as a misdemeanor, except line 11 that a person with one or more prior convictions for an offense 98 AB 1708 — 2 —
105
line 1 specified in clause (iv) of subparagraph (C) of paragraph (2) of line 2 subdivision (e) of Section 667 or for an offense requiring line 3 registration pursuant to subdivision (c) of Section 290 may be line 4 punished pursuant to subdivision (h) of Section 1170. line 5 (b)  Any act of shoplifting as defined in subdivision (a) shall be line 6 charged as shoplifting. No person who is charged with shoplifting line 7 may also be charged with burglary or theft of the same property. line 8 (c)  This section does not apply to theft of a firearm; forgery, as line 9 described in Chapter 4 (commencing with Section 470); the line 10 unlawful sale, transfer, or conveyance of an access card in line 11 violation of Section 484e; forgery of an access card in violation line 12 of Section 484f; the unlawful use of an access card in violation of line 13 Section 484g; theft from an elder or dependent adult in violation line 14 of subdivision (e) of Section 368; receiving stolen property in line 15 violation of Section 496; embezzlement, as described in Chapter line 16 6 (commencing with Section 503); identity theft in violation of line 17 Section 530.5; or the theft or unauthorized use of a vehicle in line 18 violation of Section 10851 of the Vehicle Code. line 19 (d)  As used in this section, the following terms have the following line 20 meanings:
line 21 (1)  “Retail property or merchandise” means any article, line 22 product, commodity, item, or component intended to be sold in line 23 retail commerce.
line 24 (2)  “Value” means the retail value of an item as advertised by line 25 the affected retail establishment, including applicable taxes. line 26 SEC. 2. Section 490.2 of the Penal Code is amended to read:
line 27 490.2. (a)  Notwithstanding Section 487 or any other provision line 28 of law defining grand theft, obtaining any property by theft where line 29 the value of the money, labor, real or personal property taken does line 30 not exceed nine hundred fifty dollars ($950) shall be considered line 31 petty theft and shall be punished as a misdemeanor, except that line 32 such person may instead be punished pursuant to subdivision (h) line 33 of Section 1170 if that person has one or more prior convictions line 34 for an offense specified in clause (iv) of subparagraph (C) of line 35 paragraph (2) of subdivision (e) of Section 667 or for an offense line 36 requiring registration pursuant to subdivision (c) of Section 290. line 37 (b)  This section shall not be applicable to any theft that may be line 38 charged as an infraction pursuant to any other provision of law. line 39 (c)  This section shall does not apply to theft of a firearm. line 40 firearm; forgery, as described in Chapter 4 (commencing with 98 — 3 — AB 1708
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line 1 Section 470); the unlawful sale, transfer, or conveyance of an line 2 access card in violation of Section 484e; forgery of an access card line 3 in violation of Section 484f; the unlawful use of an access card in line 4 violation of Section 484g; theft from an elder or dependent adult line 5 in violation of subdivision (e) of Section 368; receiving stolen line 6 property in violation of Section 496; embezzlement, as described line 7 in Chapter 6 (commencing with Section 503); identity theft in line 8 violation of Section 530.5; or the theft or unauthorized use of a line 9 vehicle in violation of Section 10851 of the Vehicle Code. line 10 SEC. 3. Section 666.1 is added to the Penal Code, to read:
line 11 666.1. (a)  (1)  Notwithstanding any other law, a person who, line 12 having two or more convictions for any of the offenses listed in line 13 paragraph (2), and who is subsequently convicted of petty theft or line 14 shoplifting, is punishable by imprisonment in the county jail not line 15 exceeding one year, or pursuant to subdivision (h) of Section 1170. line 16 (2)  This section applies to the following offenses:
line 17 (A)  Petty theft, as described in Section 488.
line 18 (B)  Grand theft, as described in Section 487.
line 19 (C)  Theft from an elder or dependent adult in violation of line 20 subdivision (e) of Section 368.
line 21 (D)  The theft or unauthorized use of a vehicle, as described in line 22 Section 10851 of the Vehicle Code.
line 23 (E)  Burglary, as described in Section 459.
line 24 (F)  Carjacking, as described in Section 215.
line 25 (G)  Robbery, as described in Section 211.
line 26 (H)  Receiving stolen property, as described in Section 496. line 27 (I)  Shoplifting, as described in Section 459.5. line 28 (J)  Mail theft, as described in subdivision (e) of Section 530.5. line 29 (b)  This section shall not be construed to preclude prosecution line 30 or punishment pursuant to any other law.
line 31 SEC. 4. Chapter 2.97 (commencing with Section 1001.98) is line 32 added to Title 6 of Part 2 of the Penal Code, to read:
line 33
line 34 Chapter 2.97. Theft Crimes Diversion
line 35
line 36 1001.98. (a)  The city or county prosecuting attorney or county line 37 probation department may create a diversion program pursuant line 38 to this section for persons who commit a theft offense or repeat line 39 theft offenses. The program may be conducted by the prosecuting line 40 attorney’s office or the county probation department. 98 AB 1708 — 4 —
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line 1 (b)  Except as provided in subdivision (e), this chapter does not line 2 limit the power of the prosecuting attorney to prosecute theft or line 3 repeat theft.
line 4 (c)  If a county creates a diversion or deferred entry of judgment line 5 program for individuals committing theft or repeat theft offenses, line 6 on receipt of a case or at arraignment, the prosecuting attorney line 7 shall either refer the case to the county probation department to line 8 conduct a prefiling investigation report to assess the line 9 appropriateness of program placement or, if the prosecuting line 10 attorney’s office operates the program, determine if the case is line 11 one that is appropriate to be referred to the program. In line 12 determining whether to refer a case to the program, the probation line 13 department or prosecuting attorney shall consider, but is not line 14 limited to, all of the following factors:
line 15 (1)  Any prefiling investigation report conducted by the county line 16 probation department or nonprofit contract agency operating the line 17 program that evaluates the individual’s risk and needs and the line 18 appropriateness of program placement.
line 19 (2)  If the person demonstrates a willingness to engage in line 20 community service, restitution, or other mechanisms to repair the line 21 harm caused by the criminal activity and address the underlying line 22 drivers of the criminal activity.
line 23 (3)  If a risk and needs assessment identifies underlying line 24 substance abuse or mental health needs or other drivers of criminal line 25 activity that can be addressed through the diversion or deferred line 26 entry of judgment program.
line 27 (4)  If the person has a violent or serious prior criminal record line 28 or has previously been referred to a diversion program and failed line 29 that program.
line 30 (5)  Any relevant information concerning the efficacy of the line 31 program in reducing the likelihood of participants committing line 32 future offenses.
line 33 (d)  On referral of a case to the program, a notice shall be line 34 provided to the person alleged to have committed the offense with line 35 both of the following information:
line 36 (1)  The date by which the person must contact the diversion line 37 program or deferred entry of judgment program in the manner line 38 designated by the supervising agency.
line 39 (2)  A statement of the penalty for the offense or offenses with line 40 which that person has been charged.
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line 1 (e)  The prosecuting attorney may enter into a written agreement line 2 with the person to refrain from, or defer, prosecution on the offense line 3 or offenses on the following conditions:
line 4 (1)  Completion of the program requirements such as community line 5 service or courses reasonably required by the prosecuting attorney. line 6 (2)  Making adequate restitution or an appropriate substitute line 7 for restitution to the victim or victims.
line 8 SEC. 5. This act amends the Safe Neighborhoods and Schools line 9 Act, an initiative statute approved by the voters at the November line 10 4, 2014, statewide general election as Proposition 47, and shall line 11 become effective only when submitted to and approved by the line 12 voters. The Secretary of State shall submit Sections 1, 2, and 3 of line 13 this act for approval by the voters at a statewide election in line 14 accordance with Section 9040 of the Elections Code. line 15 SECTION 1. It is the intent of the Legislature to enact line 16 legislation that would increase accountability for repeat offenders line 17 through participation in rehabilitative services.

O
98 AB 1708 — 6 —
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ATTACHMENT 3
City Hall ● 910 Calle Negocio, San Clemente CA 92673 ● (949) 361-8200 ● www.san-clemente.org

OFFICE OF THE MAYOR

AND CITY COUNCIL
Chris Duncan
Mayor
Steve Knoblock
Mayor Pro Tem
Victor Cabral
Mark Enmeier
Gene James

CITY MANAGER
Andy Hall
910 Calle Negocio
San Clemente, CA 92673
Phone: (949) 361-8200
“The Spanish Village
by the Sea”
April 4, 2023
The Honorable Scott Wiener
Chair, Senate Committee on Housing
1021 O Street, Suite 3330
Sacramento, CA 95814
RE: SB 423 (Wiener) Streamlined housing approvals: multifamily housing developments: SB 35 (Chapter 366, Statutes of 2017) Expansion.

Notice of Opposition
Dear Senator Wiener:

The City of San Clemente writes to express our opposition to your measure, SB 423, which would greatly expand SB 35 (Chapter 366, Statutes of 2017) provisions and eliminate the Jan. 1, 2026 sunset date.

On any given day, newspaper headlines in California and across the nation are highlighting the state’s growing housing supply and affordability crisis.

Seven in ten Californians view housing affordability as one of the top problems in their community, and there is growing concern from residents that housing prices are so expensive, younger generations will be priced out of ever being able to buy a home.

The City of San Clemente intimately understands this crisis as it plays out in our community every day. Local leaders are working to find creative solutions so homes of all income levels can be built. They’re taking on these difficult and complex tasks, and in many cases successfully planning for more than 2.5 million new homes statewide, all while navigating the state’s annual barrage of overreaching housing bills that have thus far demonstrated limited success.

SB 423 is the latest overreaching bill. This measure would double-down on the recent trend of the state overriding its own mandated local housing plans by forcing cities to approve certain housing projects without regard to the needs of the community, opportunities for environmental review, or public input. While it may be frustrating for some developers to address neighborhood concerns about traffic, parking, and other development impacts, those directly affected by such projects have a right to be heard.

Public engagement also often leads to better projects. Not having such outlets will increase public distrust in government and result in additional ballot measures limiting housing development.

CELEBRATING 90 YEARS OF INCORPORATION
110

Instead of continuing to pursue top-down, one-size-fits-all legislation, lawmakers should partner with local officials. That’s why the League of California Cities is calling on the Governor and lawmakers to include a $3 billion annual investment in the state budget to help cities prevent and reduce homelessness and spur housing development.

Targeted, ongoing funding is the only way cities can find community-based solutions that get our residents off the streets and keep them in their homes. California will never produce the number of homes needed with an increasingly state driven, by-right housing approval process. What is really needed is a sustainable state investment that matches the scale of this long-term crisis.

For these reasons, the City of San Clemente respectfully opposes your measure, Sincerely,
Chris Duncan
Mayor
City of San Clemente
Cc: Senator Janet Nguyen (via email: [email protected]) Congressman Mike Levin (via email: [email protected]) Assemblywoman Laurie Davies (via email: [email protected]) Erin Sasse, League of California Cities (via email: [email protected] ) 111
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org March 14, 2023
The Honorable Scott Wiener
Chair, Senate Committee on Housing
1021 O Street, Suite 3330
Sacramento, CA 95814
RE: SB 423 (Wiener) Streamlined housing approvals: multifamily housing developments: SB 35 (Chapter 366, Statutes of 2017) Expansion.

Notice of Opposition
Dear Senator Wiener:

The League of California Cities (Cal Cities) writes to express our opposition to your measure, SB 423, which would greatly expand SB 35 (Chapter 366, Statutes of 2017) provisions and eliminate the January 1, 2026 sunset date.

On any given day, newspaper headlines in California and across the nation are highlighting the state’s growing housing supply and affordability crisis. Seven in ten Californians view housing affordability as one of the top problems in their community, and there is growing concern from residents that housing prices are so expensive, younger generations will be priced out of ever being able to buy a home.

City officials intimately understand this crisis as it plays out in their communities every day. Local leaders are working to find creative solutions so homes of all income levels can be built. They’re taking on these difficult and complex tasks, and in many cases successfully planning for more than 2.5 million new homes statewide, all while navigating the state’s annual barrage of overreaching housing bills that have thus far demonstrated limited success.

SB 423 is the latest overreaching bill. This measure would double-down on the recent trend of the state overriding its own mandated local housing plans by forcing cities to approve certain housing projects without regard to the needs of the community, opportunities for environmental review, or public input. While it may be frustrating for some developers to address neighborhood concerns about traffic, parking, and other development impacts, those directly affected by such projects have a right to be heard. Public engagement also often leads to better projects. Not having such outlets will increase public distrust in government and result in additional ballot measures limiting housing development.

Instead of continuing to pursue top-down, one-size-fits-all legislation, lawmakers should partner with local officials. That’s why the League of California Cities is calling on the Governor and lawmakers to include a $3 billion annual investment in the state budget ATTACHMENT 4
112
to help cities prevent and reduce homelessness and spur housing development.

Targeted, ongoing funding is the only way cities can find community-based solutions that get our residents off the streets and keep them in their homes. California will never produce the number of homes needed with an increasingly state driven, by-right housing approval process. What is really needed is a sustainable state investment that matches the scale of this long-term crisis.

For these reasons, Cal Cities respectfully opposes your measure, SB 423. If you have any questions, please do not hesitate to contact me at (916) 658-8264.

Sincerely,
Jason Rhine
Assistant Director, Legislative Affairs
Cc: Members, Senate Committee on Housing
113
AMENDED IN SENATE MARCH 28, 2023
SENATE BILL No. 423
Introduced by Senator Wiener
(Principal coauthor: Assembly Member Wicks)
(Coauthor: Senator Hurtado)
(Coauthor: Assembly Member Grayson)
February 13, 2023
An act to amend Section 65913.4 of the Government Code, relating to land use.
legislative counsel’s digest
SB 423, as amended, Wiener. Land use: streamlined housing approvals: multifamily housing developments.

Existing law, the Planning and Zoning Law, 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, including, among others, that the development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower or moderate-income housing units required, as specified, remain available at affordable housing costs, as defined, or rent to persons and families of lower or moderate-income for no less than specified periods of time. Existing law repeals these provisions on January 1, 2026.

This bill would authorize the Department of General Services to act in the place of a locality or local government, at the discretion of that department, for purposes of the ministerial, streamlined review for development on property owned by or leased to the state. The bill would 98 ATTACHMENT 5
114
delete the January 1, 2026, repeal date, thereby making these provisions operative indefinitely.

This bill would modify the above-described objective planning standards, including by deleting the standard that prohibits a multifamily housing development from being subject to the streamlined, ministerial approval process if the development is located in a coastal zone, and by providing an alternative definition for “affordable housing costs” for a development that dedicates 100% of units, exclusive of a manager’s unit or units, to lower income households. The bill would, among other modifications, delete the objective planning standards requiring development proponents to pay at least the general prevailing rate of per diem wages and utilize a skilled and trained workforce and would instead require a development proponent to certify to the local government 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 the Labor Commissioner to enforce the obligation to pay prevailing wages. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would specify that the requirements to pay prevailing wages, use a workforce participating in an apprenticeship, or provide health care expenditures do not apply to a project that consists of 10 or fewer units and is not otherwise a public work.

This bill would define “objective planning standards” to exclude specified standards, including local building codes, fire codes, other codes requiring detailed technical specifications, and standards that are not reasonably ascertainable by the local government within specified time limits, as described.

Existing law requires a local government to approve a development if the local government determines the development is consistent with the objective planning standards. Existing law requires, if the local government determines a submitted development is in conflict with any of the objective planning standards, the local government to provide the development proponent written documentation of the standards the development conflicts with and an explanation for the conflict within certain timelines depending on the size of the development. Existing law, the Housing Accountability Act, prohibits a local agency from disapproving a housing development project, as described, unless it makes specified written findings.

This bill would instead require approval if a local government’s planning director or any equivalent local government staff, including 98 SB 423 — 2 —
115
all relevant planning and permitting departments, equivalent position determines the development is consistent with the objective planning standards. The bill would make conforming changes. The bill would require all departments of the local government that are required to issue an approval of the development prior to the granting of an entitlement to also comply with the above-described streamlined approval requirements within specified time periods. The bill would prohibit a local government from requiring a development proponent to provide consultant studies, as described, or other studies requiring, prior to approving a development that meets the requirements of the above-described streamlining provisions, compliance with any standards necessary to receive a postentitlement permit or studies, information, or other materials that are unnecessary to ascertain consistency do not pertain directly to determining whether the development is consistent with the objective planning standards. standards applicable to the development.

The bill would, for purposes of these provisions, establish that the total number of units in a development includes (1) all projects developed on a site, regardless of when those developments occur, and (2) all projects developed on sites adjacent to a site developed pursuant to these provisions if, after January 1, 2023, the adjacent site had been subdivided from the site developed pursuant to these provisions.

Existing law authorizes the local government’s planning commission or any equivalent board or commission responsible for review and approval of development projects, or as otherwise specified, to conduct any design review or public oversight of the development.

This bill would remove the above-described authorization to conduct public oversight of the development and would only authorize design review to be conducted by the local government’s planning commission or any equivalent board or commission responsible for design review.

By imposing additional duties on local officials, the bill would impose a state-mandated local program.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

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

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for specified reasons.
98 — 3 — SB 423
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Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: yes.

The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares that it has line 2 provided reforms and incentives to facilitate and expedite the line 3 construction of affordable housing. Those reforms and incentives line 4 can be found in the following provisions:
line 5 (a)  Housing element law (Article 10.6 (commencing with line 6 Section 65580) of Chapter 3 of Division 1 of Title 7 of the line 7 Government Code).
line 8 (b)  Extension of statute of limitations in actions challenging the line 9 housing element and brought in support of affordable housing line 10 (subdivision (d) of Section 65009 of the Government Code). line 11 (c)  Restrictions on disapproval of housing developments line 12 (Section 65589.5 of the Government Code).
line 13 (d)  Priority for affordable housing in the allocation of water and line 14 sewer hookups (Section 65589.7 of the Government Code). line 15 (e)  Least cost zoning law (Section 65913.1 of the Government line 16 Code).
line 17 (f)  Density Bonus Law (Section 65915 of the Government line 18 Code).
line 19 (g)  Accessory dwelling units (Sections 65852.150 and 65852.2 line 20 of the Government Code).
line 21 (h)  By-right housing, in which certain multifamily housing is line 22 designated a permitted use (Section 65589.4 of the Government line 23 Code).
line 24 (i)  No-net-loss-in zoning density law limiting downzonings and line 25 density reductions (Section 65863 of the Government Code). line 26 (j)  Requiring persons who sue to halt affordable housing to pay line 27 attorney’s fees (Section 65914 of the Government Code) or post line 28 a bond (Section 529.2 of the Code of Civil Procedure). line 29 (k)  Reduced time for action on affordable housing applications line 30 under the approval of development permits process (Article 5 line 31 (commencing with Section 65950) of Chapter 4.5 of Division 1 line 32 of Title 7 of the Government Code).
line 33 (l)  Limiting moratoriums on multifamily housing (Section 65858 line 34 of the Government Code).
98 SB 423 — 4 —
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line 1 (m)  Prohibiting discrimination against affordable housing line 2 (Section 65008 of the Government Code).
line 3 (n)  California Fair Employment and Housing Act (Part 2.8 line 4 (commencing with Section 12900) of Division 3 of Title 2 of the line 5 Government Code).
line 6 (o)  Community Redevelopment Law (Part 1 (commencing with line 7 Section 33000) of Division 24 of the Health and Safety Code, and line 8 in particular Sections 33334.2 and 33413 of the Health and Safety line 9 Code).
line 10 (p)  Streamlining housing approvals during a housing shortage line 11 (Section 65913.4 of the Government Code).
line 12 (q)  Housing sustainability districts (Chapter 11 (commencing line 13 with Section 66200) of Division 1 of Title 7 of the Government line 14 Code).
line 15 (r)  Streamlining agricultural employee housing development line 16 approvals (Section 17021.8 of the Health and Safety Code). line 17 (s)  The Housing Crisis Act of 2019 (Senate Bill 330 (Chapter line 18 654 of the Statutes of 2019)).
line 19 (t)  Allowing four units to be built on single-family parcels line 20 statewide (Senate Bill 9 (Chapter 162 of Statutes of 2021)). line 21 (u)  The Middle Class Housing Act of 2022 (Section 65852.24 line 22 of the Government Code).
line 23 (s)
line 24 (v)  Affordable Housing and High Road Jobs Act of 2022 line 25 (Chapter 4.1 (commencing with Section 65912.100) of Division line 26 1 of Title 7 of the Government Code).
line 27 SEC. 2. Section 65913.4 of the Government Code is amended line 28 to read:
line 29 65913.4. (a)  A development proponent may submit an line 30 application for a development that is subject to the streamlined, line 31 ministerial approval process provided by subdivision (c) and is line 32 not subject to a conditional use permit or any other nonlegislative line 33 discretionary approval if the development complies with line 34 subdivision (b) and satisfies all of the following objective planning line 35 standards:
line 36 (1)  The development is a multifamily housing development that line 37 contains two or more residential units.
line 38 (2)  The development and the site on which it is located satisfy line 39 all of the following:
98 — 5 — SB 423
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line 1 (A)  It is a legal parcel or parcels located in a city if, and only line 2 if, the city boundaries include some portion of either an urbanized line 3 area or urban cluster, as designated by the United States Census line 4 Bureau, or, for unincorporated areas, a legal parcel or parcels line 5 wholly within the boundaries of an urbanized area or urban cluster, line 6 as designated by the United States Census Bureau. line 7 (B)  At least 75 percent of the perimeter of the site adjoins parcels line 8 that are developed with urban uses. For the purposes of this section, line 9 parcels that are only separated by a street or highway shall be line 10 considered to be adjoined.
line 11 (C)  (i)  A site that meets the requirements of clause (ii) and line 12 satisfies any of the following:
line 13 (I)  The site is zoned for residential use or residential mixed-use line 14 development.
line 15 (II)  The site has a general plan designation that allows residential line 16 use or a mix of residential and nonresidential uses. line 17 (III)  The site is zoned for office or retail commercial use and line 18 meets the requirements of Section 65852.24.
line 19 (ii)  At least two-thirds of the square footage of the development line 20 is designated for residential use. Additional density, floor area, line 21 and units, and any other concession, incentive, or waiver of line 22 development standards granted pursuant to the Density Bonus Law line 23 in Section 65915 shall be included in the square footage line 24 calculation. The square footage of the development shall not line 25 include underground space, such as basements or underground line 26 parking garages.
line 27 (3)  (A)  The development proponent has committed to record, line 28 prior to the issuance of the first building permit, a land use line 29 restriction or covenant providing that any lower or moderate line 30 income housing units required pursuant to subparagraph (B) of line 31 paragraph (4) shall remain available at affordable housing costs line 32 or rent to persons and families of lower or moderate-income for line 33 no less than the following periods of time:
line 34 (i)  Fifty-five years for units that are rented. line 35 (ii)  Forty-five years for units that are owned. line 36 (B)  The city or county shall require the recording of covenants line 37 or restrictions implementing this paragraph for each parcel or unit line 38 of real property included in the development.
line 39 (4)  The development satisfies clause (i) or (ii) of subparagraph line 40 (A) and satisfies subparagraph (B) below:
98 SB 423 — 6 —
119
line 1 (A)  (i)  For a development located in a locality that is in its sixth line 2 or earlier housing element cycle, the development is located in line 3 either of the following:
line 4 (I)  In a locality that the department has determined is subject line 5 to this clause on the basis that the number of units that have been line 6 issued building permits, as shown on the most recent production line 7 report received by the department, is less than the locality’s share line 8 of the regional housing needs, by income category, for that line 9 reporting period. A locality shall remain eligible under this line 10 subclause until the department’s determination for the next line 11 reporting period.
line 12 (II)  In a locality that the department has determined is subject line 13 to this clause on the basis that the locality did not adopt a housing line 14 element that has been found in substantial compliance with housing line 15 element law (Article 10.6 (commencing with Section 65580) of line 16 Chapter 3) by the department. A locality shall remain eligible under line 17 this subclause until such time as the locality adopts a housing line 18 element that has been found in substantial compliance with housing line 19 element law (Article 10.6 (commencing with Section 65580) of line 20 Chapter 3) by the department.
line 21 (ii)  For a development located in a locality that is in its seventh line 22 or later housing element cycle, is located in a locality that the line 23 department has determined is subject to this clause on the basis line 24 that the locality did not adopt a housing element that has been line 25 found in substantial compliance with housing element law (Article line 26 10.6 (commencing with Section 65580) of Chapter 3) by the line 27 department by the statutory deadline, or that the number of units line 28 that have been issued building permits, as shown on the most recent line 29 production report received by the department, is less than the line 30 locality’s share of the regional housing needs, by income category, line 31 for that reporting period. A locality shall remain eligible under line 32 this subparagraph until the department’s determination for the next line 33 reporting period.
line 34 (B)  The development is subject to a requirement mandating a line 35 minimum percentage of below market rate housing based on one line 36 of the following:
line 37 (i)  The locality did not adopt a housing element pursuant to line 38 Section 65588 that has been found in substantial compliance with line 39 the housing element law (Article 10.6 (commencing with Section line 40 65580) of Chapter 3) by the department, did not submit its latest 98 — 7 — SB 423
120
line 1 production report to the department by the time period required line 2 by Section 65400, or that production report submitted to the line 3 department reflects that there were fewer units of above line 4 moderate-income housing issued building permits than were line 5 required for the regional housing needs assessment cycle for that line 6 reporting period. In addition, if the project contains more than 10 line 7 units of housing, the project does either of the following:
line 8 (I)  The project dedicates a minimum of 10 percent of the total line 9 number of units, before calculating any density bonus, to housing line 10 affordable to households making at or below 80 percent of the area line 11 median income. However, if the locality has adopted a local line 12 ordinance that requires that greater than 10 percent of the units be line 13 dedicated to housing affordable to households making below 80 line 14 percent of the area median income, that local ordinance applies. line 15 (II)  (ia)  If the project is located within the San Francisco Bay line 16 area, the project, in lieu of complying with subclause (I), dedicates line 17 20 percent of the total number of units, before calculating any line 18 density bonus, to housing affordable to households making below line 19 120 percent of the area median income with the average income line 20 of the units at or below 100 percent of the area median income. line 21 However, a local ordinance adopted by the locality applies if it line 22 requires greater than 20 percent of the units be dedicated to housing line 23 affordable to households making at or below 120 percent of the line 24 area median income, or requires that any of the units be dedicated line 25 at a level deeper than 120 percent. In order to comply with this line 26 subclause, the rent or sale price charged for units that are dedicated line 27 to housing affordable to households between 80 percent and 120 line 28 percent of the area median income shall not exceed 30 percent of line 29 the gross income of the household.
line 30 (ib)  For purposes of this subclause, “San Francisco Bay area” line 31 means the entire area within the territorial boundaries of the line 32 Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, line 33 Santa Clara, Solano, and Sonoma, and the City and County of San line 34 Francisco.
line 35 (ii)  The locality’s latest production report reflects that there line 36 were fewer units of housing issued building permits affordable to line 37 either very low income or low-income households by income line 38 category than were required for the regional housing needs line 39 assessment cycle for that reporting period, and the project seeking line 40 approval dedicates 50 percent of the total number of units, before 98 SB 423 — 8 —
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line 1 calculating any density bonus, to housing affordable to households line 2 making at or below 80 percent of the area median income. line 3 However, if the locality has adopted a local ordinance that requires line 4 that greater than 50 percent of the units be dedicated to housing line 5 affordable to households making at or below 80 percent of the area line 6 median income, that local ordinance applies.
line 7 (iii)  The locality did not submit its latest production report to line 8 the department by the time period required by Section 65400, or line 9 if the production report reflects that there were fewer units of line 10 housing affordable to both income levels described in clauses (i) line 11 and (ii) that were issued building permits than were required for line 12 the regional housing needs assessment cycle for that reporting line 13 period, the project seeking approval may choose between utilizing line 14 clause (i) or (ii).
line 15 (C)  (i)  A development proponent that uses a unit of affordable line 16 housing to satisfy the requirements of subparagraph (B) may also line 17 satisfy any other local or state requirement for affordable housing, line 18 including local ordinances or the Density Bonus Law in Section line 19 65915, provided that the development proponent complies with line 20 the applicable requirements in the state or local law. If a local line 21 requirement for affordable housing requires units that are restricted line 22 to households with incomes higher than the applicable income line 23 limits required in subparagraph (B), then units that meet the line 24 applicable income limits required in subparagraph (B) shall be line 25 deemed to satisfy those local requirements for higher income units. line 26 (ii)  A development proponent that uses a unit of affordable line 27 housing to satisfy any other state or local affordability requirement line 28 may also satisfy the requirements of subparagraph (B), provided line 29 that the development proponent complies with applicable line 30 requirements of subparagraph (B).
line 31 (iii)  A development proponent may satisfy the affordability line 32 requirements of subparagraph (B) with a unit that is restricted to line 33 households with incomes lower than the applicable income limits line 34 required in subparagraph (B).
line 35 (D)  The amendments to this subdivision made by the act adding line 36 this subparagraph do not constitute a change in, but are declaratory line 37 of, existing law.
line 38 (5)  The development, excluding any additional density or any line 39 other concessions, incentives, or waivers of development standards line 40 for which the development is eligible pursuant to the Density Bonus 98 — 9 — SB 423
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line 1 Law in Section 65915, is consistent with objective zoning line 2 standards, objective subdivision standards, and objective design line 3 review standards in effect at the time that the development is line 4 submitted to the local government pursuant to this section, or at line 5 the time a notice of intent is submitted pursuant to subdivision (b), line 6 whichever occurs earlier. For purposes of this paragraph, “objective line 7 zoning standards,” “objective subdivision standards,” and line 8 “objective design review standards” mean standards that involve line 9 no personal or subjective judgment by a public official and are line 10 uniformly verifiable by reference to an external and uniform line 11 benchmark or criterion available and knowable by both the line 12 development applicant or proponent and the public official before line 13 submittal. These standards may be embodied in alternative line 14 objective land use specifications adopted by a city or county, and line 15 may include, but are not limited to, housing overlay zones, specific line 16 plans, inclusionary zoning ordinances, and density bonus line 17 ordinances, subject to the following:
line 18 (A)  A development shall be deemed consistent with the objective line 19 zoning standards related to housing density, as applicable, if the line 20 density proposed is compliant with the maximum density allowed line 21 within that land use designation, notwithstanding any specified line 22 maximum unit allocation that may result in fewer units of housing line 23 being permitted.
line 24 (B)  In the event that objective zoning, general plan, subdivision, line 25 or design review standards are mutually inconsistent, a line 26 development shall be deemed consistent with the objective zoning line 27 and subdivision standards pursuant to this subdivision if the line 28 development is consistent with the standards set forth in the general line 29 plan.
line 30 (C)  It is the intent of the Legislature that the objective zoning line 31 standards, objective subdivision standards, and objective design line 32 review standards described in this paragraph be adopted or line 33 amended in compliance with the requirements of Chapter 905 of line 34 the Statutes of 2004.
line 35 (D)  The amendments to this subdivision made by the act adding line 36 this subparagraph do not constitute a change in, but are declaratory line 37 of, existing law.
line 38 (E)  A project that satisfies the requirements of Section 65852.24 line 39 shall be deemed consistent with objective zoning standards, line 40 objective design standards, and objective subdivision standards if 98 SB 423 — 10 —
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line 1 the project is consistent with the provisions of subdivision (b) of line 2 Section 65852.24 and if none of the square footage in the project line 3 is designated for hotel, motel, bed and breakfast inn, or other line 4 transient lodging use, except for a residential hotel. For purposes line 5 of this subdivision, “residential hotel” shall have the same meaning line 6 as defined in Section 50519 of the Health and Safety Code. line 7 (6)  The development is not located on a site that is any of the line 8 following:
line 9 (A)  Either prime farmland or farmland of statewide importance, line 10 as defined pursuant to United States Department of Agriculture line 11 land inventory and monitoring criteria, as modified for California, line 12 and designated on the maps prepared by the Farmland Mapping line 13 and Monitoring Program of the Department of Conservation, or line 14 land zoned or designated for agricultural protection or preservation line 15 by a local ballot measure that was approved by the voters of that line 16 jurisdiction.
line 17 (B)  Wetlands, as defined in the United States Fish and Wildlife line 18 Service Manual, Part 660 FW 2 (June 21, 1993), unless the line 19 development within the wetlands has been authorized by a permit line 20 or other approval issued pursuant to federal or other state law. line 21 (C)  Within a very high fire hazard severity zone, as determined line 22 by the Department of Forestry and Fire Protection pursuant to line 23 Section 51178, or within a high or very high fire hazard severity line 24 zone as indicated on maps adopted by the Department of Forestry line 25 and Fire Protection pursuant to Section 4202 of the Public line 26 Resources Code. This subparagraph does not apply to sites line 27 excluded from the specified hazard zones by a local agency, line 28 pursuant to subdivision (b) of Section 51179, or sites that have line 29 adopted fire hazard mitigation measures pursuant to existing line 30 building standards or state fire mitigation measures applicable to line 31 the development.
line 32 (D)  A hazardous waste site that is listed pursuant to Section line 33 65962.5 or a hazardous waste site designated by the Department line 34 of Toxic Substances Control pursuant to Section 25356 of the line 35 Health and Safety Code, unless either of the following apply:
line 36 (i)  The site is an underground storage tank site that received a line 37 uniform closure letter issued pursuant to subdivision (g) of Section line 38 25296.10 of the Health and Safety Code based on closure criteria line 39 established by the State Water Resources Control Board for line 40 residential use or residential mixed uses. This section does not 98 — 11 — SB 423
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line 1 alter or change the conditions to remove a site from the list of line 2 hazardous waste sites listed pursuant to Section 65962.5. line 3 (ii)  The State Department of Public Health, State Water line 4 Resources Control Board, Department of Toxic Substances Control, line 5 or a local agency making a determination pursuant to subdivision line 6 (c) of Section 25296.10 of the Health and Safety Code, has line 7 otherwise determined that the site is suitable for residential use or line 8 residential mixed uses.
line 9 (E)  Within a delineated earthquake fault zone as determined by line 10 the State Geologist in any official maps published by the State line 11 Geologist, unless the development complies with applicable seismic line 12 protection building code standards adopted by the California line 13 Building Standards Commission under the California Building line 14 Standards Law (Part 2.5 (commencing with Section 18901) of line 15 Division 13 of the Health and Safety Code), and by any local line 16 building department under Chapter 12.2 (commencing with Section line 17 8875) of Division 1 of Title 2.
line 18 (F)  Within a special flood hazard area subject to inundation by line 19 the 1 percent annual chance flood (100-year flood) as determined line 20 by the Federal Emergency Management Agency in any official line 21 maps published by the Federal Emergency Management Agency. line 22 If a development proponent is able to satisfy all applicable federal line 23 qualifying criteria in order to provide that the site satisfies this line 24 subparagraph and is otherwise eligible for streamlined approval line 25 under this section, a local government shall not deny the application line 26 on the basis that the development proponent did not comply with line 27 any additional permit requirement, standard, or action adopted by line 28 that local government that is applicable to that site. A development line 29 may be located on a site described in this subparagraph if either line 30 of the following are met:
line 31 (i)  The site has been subject to a Letter of Map Revision line 32 prepared by the Federal Emergency Management Agency and line 33 issued to the local jurisdiction.
line 34 (ii)  The site meets Federal Emergency Management Agency line 35 requirements necessary to meet minimum flood plain management line 36 criteria of the National Flood Insurance Program pursuant to Part line 37 59 (commencing with Section 59.1) and Part 60 (commencing line 38 with Section 60.1) of Subchapter B of Chapter I of Title 44 of the line 39 Code of Federal Regulations.
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line 1 (G)  Within a regulatory floodway as determined by the Federal line 2 Emergency Management Agency in any official maps published line 3 by the Federal Emergency Management Agency, unless the line 4 development has received a no-rise certification in accordance line 5 with Section 60.3(d)(3) of Title 44 of the Code of Federal line 6 Regulations. If a development proponent is able to satisfy all line 7 applicable federal qualifying criteria in order to provide that the line 8 site satisfies this subparagraph and is otherwise eligible for line 9 streamlined approval under this section, a local government shall line 10 not deny the application on the basis that the development line 11 proponent did not comply with any additional permit requirement, line 12 standard, or action adopted by that local government that is line 13 applicable to that site.
line 14 (H)  Lands identified for conservation in an adopted natural line 15 community conservation plan pursuant to the Natural Community line 16 Conservation Planning Act (Chapter 10 (commencing with Section line 17 2800) of Division 3 of the Fish and Game Code), habitat line 18 conservation plan pursuant to the federal Endangered Species Act line 19 of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural line 20 resource protection plan.
line 21 (I)  Habitat for protected species identified as candidate, line 22 sensitive, or species of special status by state or federal agencies, line 23 fully protected species, or species protected by the federal line 24 Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), line 25 the California Endangered Species Act (Chapter 1.5 (commencing line 26 with Section 2050) of Division 3 of the Fish and Game Code), or line 27 the Native Plant Protection Act (Chapter 10 (commencing with line 28 Section 1900) of Division 2 of the Fish and Game Code), unless line 29 the development within the habitat has been authorized by a permit line 30 or approval issued pursuant to federal or other state law. line 31 (J)  Lands under conservation easement.
line 32 (7)  The development is not located on a site where any of the line 33 following apply:
line 34 (A)  The development would require the demolition of the line 35 following types of housing:
line 36 (i)  Housing that is subject to a recorded covenant, ordinance, line 37 or law that restricts rents to levels affordable to persons and line 38 families of moderate, low, or very low income.
line 39 (ii)  Housing that is subject to any form of rent or price control line 40 through a public entity’s valid exercise of its police power. 98 — 13 — SB 423
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line 1 (iii)  Housing that has been occupied by tenants within the past line 2 10 years.
line 3 (B)  The site was previously used for housing that was occupied line 4 by tenants that was demolished within 10 years before the line 5 development proponent submits an application under this section. line 6 (C)  The development would require the demolition of a historic line 7 structure that was placed on a national, state, or local historic line 8 register.
line 9 (D)  The property contains housing units that are occupied by line 10 tenants, and units at the property are, or were, subsequently offered line 11 for sale to the general public by the subdivider or subsequent owner line 12 of the property.
line 13 (8)  Except as provided in paragraph (9), a proponent of a line 14 development project approved by a local government pursuant to line 15 this section shall require in contracts with construction contractors, line 16 and shall certify to the local government, that the following line 17 standards specified in this paragraph will be met in project line 18 construction, as applicable:
line 19 (A)  A development that is not in its entirety a public work for line 20 purposes of Chapter 1 (commencing with Section 1720) of Part 7 line 21 of Division 2 of the Labor Code and approved by a local line 22 government pursuant to Article 2 (commencing with Section line 23 65912.110) or Article 3 (commencing with Section 65912.120) line 24 shall be subject to all of the following:
line 25 (i)  All construction workers employed in the execution of the line 26 development shall be paid at least the general prevailing rate of line 27 per diem wages for the type of work and geographic area, as line 28 determined by the Director of Industrial Relations pursuant to line 29 Sections 1773 and 1773.9 of the Labor Code, except that line 30 apprentices registered in programs approved by the Chief of the line 31 Division of Apprenticeship Standards may be paid at least the line 32 applicable apprentice prevailing rate.
line 33 (ii)  The development proponent shall ensure that the prevailing line 34 wage requirement is included in all contracts for the performance line 35 of the work for those portions of the development that are not a line 36 public work.
line 37 (iii)  All contractors and subcontractors for those portions of the line 38 development that are not a public work shall comply with both of line 39 the following:
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line 1 (I)  Pay to all construction workers employed in the execution line 2 of the work at least the general prevailing rate of per diem wages, line 3 except that apprentices registered in programs approved by the line 4 Chief of the Division of Apprenticeship Standards may be paid at line 5 least the applicable apprentice prevailing rate. line 6 (II)  Maintain and verify payroll records pursuant to Section line 7 1776 of the Labor Code and make those records available for line 8 inspection and copying as provided in that section. This subclause line 9 does not apply if all contractors and subcontractors performing line 10 work on the development are subject to a project labor agreement line 11 that requires the payment of prevailing wages to all construction line 12 workers employed in the execution of the development and line 13 provides for enforcement of that obligation through an arbitration line 14 procedure. For purposes of this subclause, “project labor line 15 agreement” has the same meaning as set forth in paragraph (1) of line 16 subdivision (b) of Section 2500 of the Public Contract Code. line 17 (B)  (i)  The obligation of the contractors and subcontractors to line 18 pay prevailing wages pursuant to this paragraph may be enforced line 19 by any of the following:
line 20 (I)  The Labor Commissioner through the issuance of a civil line 21 wage and penalty assessment pursuant to Section 1741 of the Labor line 22 Code, which may be reviewed pursuant to Section 1742 of the line 23 Labor Code, within 18 months after the completion of the line 24 development.
line 25 (II)  An underpaid worker through an administrative complaint line 26 or civil action.
line 27 (III)  A joint labor-management committee through a civil action line 28 under Section 1771.2 of the Labor Code.
line 29 (ii)  If a civil wage and penalty assessment is issued pursuant to line 30 this paragraph, the contractor, subcontractor, and surety on a bond line 31 or bonds issued to secure the payment of wages covered by the line 32 assessment shall be liable for liquidated damages pursuant to line 33 Section 1742.1 of the Labor Code.
line 34 (iii)  This paragraph does not apply if all contractors and line 35 subcontractors performing work on the development are subject line 36 to a project labor agreement that requires the payment of prevailing line 37 wages to all construction workers employed in the execution of line 38 the development and provides for enforcement of that obligation line 39 through an arbitration procedure. For purposes of this clause, line 40 “project labor agreement” has the same meaning as set forth in 98 — 15 — SB 423
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line 1 paragraph (1) of subdivision (b) of Section 2500 of the Public line 2 Contract Code.
line 3 (C)  Notwithstanding subdivision (c) of Section 1773.1 of the line 4 Labor Code, the requirement that employer payments not reduce line 5 the obligation to pay the hourly straight time or overtime wages line 6 found to be prevailing does not apply to those portions of line 7 development that are not a public work if otherwise provided in a line 8 bona fide collective bargaining agreement covering the worker. line 9 (D)  The requirement of this paragraph to pay at least the general line 10 prevailing rate of per diem wages does not preclude use of an line 11 alternative workweek schedule adopted pursuant to Section 511 line 12 or 514 of the Labor Code.
line 13 (E)  A development of 50 or more housing units approved by a line 14 local government pursuant to this section shall meet all of the line 15 following labor standards:
line 16 (i)  The development proponent shall require in contracts with line 17 construction contractors and shall certify to the local government line 18 that each contractor of any tier who will employ construction craft line 19 employees or will let subcontracts for at least 1,000 hours shall line 20 satisfy the requirements in clauses (ii) and (iii). A construction line 21 contractor is deemed in compliance with clauses (ii) and (iii) if it line 22 is signatory to a valid collective bargaining agreement that requires line 23 utilization of registered apprentices and expenditures on health line 24 care for employees and dependents.
line 25 (ii)  A contractor with construction craft employees shall either line 26 participate in an apprenticeship program approved by the California line 27 Division of Apprenticeship Standards pursuant to Section 3075 of line 28 the Labor Code, or request the dispatch of apprentices from a line 29 state-approved apprenticeship program under the terms and line 30 conditions set forth in Section 1777.5 of the Labor Code. A line 31 contractor without construction craft employees shall show a line 32 contractual obligation that its subcontractors comply with this line 33 clause.
line 34 (iii)  Each contractor with construction craft employees shall line 35 make health care expenditures for each employee in an amount line 36 per hour worked on the development equivalent to at least the line 37 hourly pro rata cost of a Covered California Platinum level plan line 38 for two adults 40 years of age and two dependents 0 to 14 years line 39 of age for the Covered California rating area in which the line 40 development is located. A contractor without construction craft 98 SB 423 — 16 —
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line 1 employees shall show a contractual obligation that its line 2 subcontractors comply with this clause. Qualifying expenditures line 3 shall be credited toward compliance with prevailing wage payment line 4 requirements set forth in this paragraph.
line 5 (iv)  (I)  The development proponent shall provide to the local line 6 government, on a monthly basis while its construction contracts line 7 on the development are being performed, a report demonstrating line 8 compliance with clauses (ii) and (iii). The reports shall be line 9 considered public records under the California Public Records Act line 10 (Division 10 (commencing with Section 7920.000) of Title 1), and line 11 shall be open to public inspection.
line 12 (II)  A development proponent that fails to provide the monthly line 13 report shall be subject to a civil penalty for each month for which line 14 the report has not been provided, in the amount of 10 percent of line 15 the dollar value of construction work performed by that contractor line 16 on the development in the month in question, up to a maximum line 17 of ten thousand dollars ($10,000). Any contractor or subcontractor line 18 that fails to comply with clauses (ii) and (iii) shall be subject to a line 19 civil penalty of two hundred dollars ($200) per day for each worker line 20 employed in contravention of clauses (ii) and (iii). line 21 (III)  Penalties may be assessed by the Labor Commissioner line 22 within 18 months of completion of the development using the line 23 procedures for issuance of civil wage and penalty assessments line 24 specified in Section 1741 of the Labor Code, and may be reviewed line 25 pursuant to Section 1742 of the Labor Code. Penalties shall be line 26 deposited in the State Public Works Enforcement Fund established line 27 pursuant to Section 1771.3 of the Labor Code.
line 28 (v)  Each construction contractor shall maintain and verify line 29 payroll records pursuant to Section 1776 of the Labor Code. Each line 30 construction contractor shall submit payroll records directly to the line 31 Labor Commissioner at least monthly in a format prescribed by line 32 the Labor Commissioner in accordance with subparagraph (A) of line 33 paragraph (3) of subdivision (a) of Section 1771.4 of the Labor line 34 Code. The records shall include a statement of fringe benefits. line 35 Upon request by a joint labor-management cooperation committee line 36 established pursuant to the Federal Labor Management Cooperation line 37 Act of 1978 (29 U.S.C. Sec. 175a), the records shall be provided line 38 pursuant to subdivision (e) of Section 1776 of the Labor Code. line 39 (vi)  All construction contractors shall report any change in line 40 apprenticeship program participation or health care expenditures 98 — 17 — SB 423
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line 1 to the local government within 10 business days, and shall reflect line 2 those changes on the monthly report. The reports shall be line 3 considered public records pursuant to the California Public Records line 4 Act (Division 10 (commencing with Section 7920.000) of Title 1) line 5 and shall be open to public inspection.
line 6 (vii)  A joint labor-management cooperation committee line 7 established pursuant to the Federal Labor Management Cooperation line 8 Act of 1978 (29 U.S.C. Sec. 175a) shall have standing to sue a line 9 construction contractor for failure to make health care expenditures line 10 pursuant to clause (iii) in accordance with Section 218.7 or 218.8 line 11 of the Labor Code.
line 12 (9)  Notwithstanding paragraph (8), a development that is subject line 13 to approval pursuant to this section is exempt from any requirement line 14 to pay prevailing wages, use a workforce participating in an line 15 apprenticeship, or provide health care expenditures if it satisfies line 16 both of the following:
line 17 (A)  The project consists of 10 or fewer units. line 18 (B)  The project is not a public work for purposes of Chapter 1 line 19 (commencing with Section 1720) of Part 7 of Division 2 of the line 20 Labor Code.
line 21 (10)  The development shall not be upon an existing parcel of line 22 land or site that is governed under the Mobilehome Residency Law line 23 (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 line 24 of Division 2 of the Civil Code), the Recreational Vehicle Park line 25 Occupancy Law (Chapter 2.6 (commencing with Section 799.20) line 26 of Title 2 of Part 2 of Division 2 of the Civil Code), the line 27 Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) line 28 of Division 13 of the Health and Safety Code), or the Special line 29 Occupancy Parks Act (Part 2.3 (commencing with Section 18860) line 30 of Division 13 of the Health and Safety Code).
line 31 (b)  (1)  (A)  (i)  Before submitting an application for a line 32 development subject to the streamlined, ministerial approval line 33 process described in subdivision (c), the development proponent line 34 shall submit to the local government a notice of its intent to submit line 35 an application. The notice of intent shall be in the form of a line 36 preliminary application that includes all of the information line 37 described in Section 65941.1, as that section read on January 1, line 38 2020.
line 39 (ii)  Upon receipt of a notice of intent to submit an application line 40 described in clause (i), the local government shall engage in a 98 SB 423 — 18 —
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line 1 scoping consultation regarding the proposed development with line 2 any California Native American tribe that is traditionally and line 3 culturally affiliated with the geographic area, as described in line 4 Section 21080.3.1 of the Public Resources Code, of the proposed line 5 development. In order to expedite compliance with this subdivision, line 6 the local government shall contact the Native American Heritage line 7 Commission for assistance in identifying any California Native line 8 American tribe that is traditionally and culturally affiliated with line 9 the geographic area of the proposed development. line 10 (iii)  The timeline for noticing and commencing a scoping line 11 consultation in accordance with this subdivision shall be as follows:
line 12 (I)  The local government shall provide a formal notice of a line 13 development proponent’s notice of intent to submit an application line 14 described in clause (i) to each California Native American tribe line 15 that is traditionally and culturally affiliated with the geographic line 16 area of the proposed development within 30 days of receiving that line 17 notice of intent. The formal notice provided pursuant to this line 18 subclause shall include all of the following:
line 19 (ia)  A description of the proposed development. line 20 (ib)  The location of the proposed development. line 21 (ic)  An invitation to engage in a scoping consultation in line 22 accordance with this subdivision.
line 23 (II)  Each California Native American tribe that receives a formal line 24 notice pursuant to this clause shall have 30 days from the receipt line 25 of that notice to accept the invitation to engage in a scoping line 26 consultation.
line 27 (III)  If the local government receives a response accepting an line 28 invitation to engage in a scoping consultation pursuant to this line 29 subdivision, the local government shall commence the scoping line 30 consultation within 30 days of receiving that response. line 31 (B)  The scoping consultation shall recognize that California line 32 Native American tribes traditionally and culturally affiliated with line 33 a geographic area have knowledge and expertise concerning the line 34 resources at issue and shall take into account the cultural line 35 significance of the resource to the culturally affiliated California line 36 Native American tribe.
line 37 (C)  The parties to a scoping consultation conducted pursuant line 38 to this subdivision shall be the local government and any California line 39 Native American tribe traditionally and culturally affiliated with line 40 the geographic area of the proposed development. More than one 98 — 19 — SB 423
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line 1 California Native American tribe traditionally and culturally line 2 affiliated with the geographic area of the proposed development line 3 may participate in the scoping consultation. However, the local line 4 government, upon the request of any California Native American line 5 tribe traditionally and culturally affiliated with the geographic area line 6 of the proposed development, shall engage in a separate scoping line 7 consultation with that California Native American tribe. The line 8 development proponent and its consultants may participate in a line 9 scoping consultation process conducted pursuant to this subdivision line 10 if all of the following conditions are met:
line 11 (i)  The development proponent and its consultants agree to line 12 respect the principles set forth in this subdivision. line 13 (ii)  The development proponent and its consultants engage in line 14 the scoping consultation in good faith.
line 15 (iii)  The California Native American tribe participating in the line 16 scoping consultation approves the participation of the development line 17 proponent and its consultants. The California Native American line 18 tribe may rescind its approval at any time during the scoping line 19 consultation, either for the duration of the scoping consultation or line 20 with respect to any particular meeting or discussion held as part line 21 of the scoping consultation.
line 22 (D)  The participants to a scoping consultation pursuant to this line 23 subdivision shall comply with all of the following confidentiality line 24 requirements:
line 25 (i)  Section 7927.000.
line 26 (ii)  Section 7927.005.
line 27 (iii)  Subdivision (c) of Section 21082.3 of the Public Resources line 28 Code.
line 29 (iv)  Subdivision (d) of Section 15120 of Title 14 of the line 30 California Code of Regulations.
line 31 (v)  Any additional confidentiality standards adopted by the line 32 California Native American tribe participating in the scoping line 33 consultation.
line 34 (E)  The California Environmental Quality Act (Division 13 line 35 (commencing with Section 21000) of the Public Resources Code) line 36 shall not apply to a scoping consultation conducted pursuant to line 37 this subdivision.
line 38 (2)  (A)  If, after concluding the scoping consultation, the parties line 39 find that no potential tribal cultural resource would be affected by line 40 the proposed development, the development proponent may submit 98 SB 423 — 20 —
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line 1 an application for the proposed development that is subject to the line 2 streamlined, ministerial approval process described in subdivision line 3 (c).
line 4 (B)  If, after concluding the scoping consultation, the parties line 5 find that a potential tribal cultural resource could be affected by line 6 the proposed development and an enforceable agreement is line 7 documented between the California Native American tribe and the line 8 local government on methods, measures, and conditions for tribal line 9 cultural resource treatment, the development proponent may submit line 10 the application for a development subject to the streamlined, line 11 ministerial approval process described in subdivision (c). The local line 12 government shall ensure that the enforceable agreement is included line 13 in the requirements and conditions for the proposed development. line 14 (C)  If, after concluding the scoping consultation, the parties line 15 find that a potential tribal cultural resource could be affected by line 16 the proposed development and an enforceable agreement is not line 17 documented between the California Native American tribe and the line 18 local government regarding methods, measures, and conditions line 19 for tribal cultural resource treatment, the development shall not line 20 be eligible for the streamlined, ministerial approval process line 21 described in subdivision (c).
line 22 (D)  For purposes of this paragraph, a scoping consultation shall line 23 be deemed to be concluded if either of the following occur:
line 24 (i)  The parties to the scoping consultation document an line 25 enforceable agreement concerning methods, measures, and line 26 conditions to avoid or address potential impacts to tribal cultural line 27 resources that are or may be present.
line 28 (ii)  One or more parties to the scoping consultation, acting in line 29 good faith and after reasonable effort, conclude that a mutual line 30 agreement on methods, measures, and conditions to avoid or line 31 address impacts to tribal cultural resources that are or may be line 32 present cannot be reached.
line 33 (E)  If the development or environmental setting substantially line 34 changes after the completion of the scoping consultation, the local line 35 government shall notify the California Native American tribe of line 36 the changes and engage in a subsequent scoping consultation if line 37 requested by the California Native American tribe. line 38 (3)  A local government may only accept an application for line 39 streamlined, ministerial approval pursuant to this section if one of line 40 the following applies:
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line 1 (A)  A California Native American tribe that received a formal line 2 notice of the development proponent’s notice of intent to submit line 3 an application pursuant to subclause (I) of clause (iii) of line 4 subparagraph (A) of paragraph (1) did not accept the invitation to line 5 engage in a scoping consultation.
line 6 (B)  The California Native American tribe accepted an invitation line 7 to engage in a scoping consultation pursuant to subclause (II) of line 8 clause (iii) of subparagraph (A) of paragraph (1) but substantially line 9 failed to engage in the scoping consultation after repeated line 10 documented attempts by the local government to engage the line 11 California Native American tribe.
line 12 (C)  The parties to a scoping consultation pursuant to this line 13 subdivision find that no potential tribal cultural resource will be line 14 affected by the proposed development pursuant to subparagraph line 15 (A) of paragraph (2).
line 16 (D)  A scoping consultation between a California Native line 17 American tribe and the local government has occurred in line 18 accordance with this subdivision and resulted in agreement line 19 pursuant to subparagraph (B) of paragraph (2).
line 20 (4)  A project shall not be eligible for the streamlined, ministerial line 21 process described in subdivision (c) if any of the following apply:
line 22 (A)  There is a tribal cultural resource that is on a national, state, line 23 tribal, or local historic register list located on the site of the project. line 24 (B)  There is a potential tribal cultural resource that could be line 25 affected by the proposed development and the parties to a scoping line 26 consultation conducted pursuant to this subdivision do not line 27 document an enforceable agreement on methods, measures, and line 28 conditions for tribal cultural resource treatment, as described in line 29 subparagraph (C) of paragraph (2).
line 30 (C)  The parties to a scoping consultation conducted pursuant line 31 to this subdivision do not agree as to whether a potential tribal line 32 cultural resource will be affected by the proposed development. line 33 (5)  (A)  If, after a scoping consultation conducted pursuant to line 34 this subdivision, a project is not eligible for the streamlined, line 35 ministerial process described in subdivision (c) for any or all of line 36 the following reasons, the local government shall provide written line 37 documentation of that fact, and an explanation of the reason for line 38 which the project is not eligible, to the development proponent line 39 and to any California Native American tribe that is a party to that line 40 scoping consultation:
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line 1 (i)  There is a tribal cultural resource that is on a national, state, line 2 tribal, or local historic register list located on the site of the project, line 3 as described in subparagraph (A) of paragraph (4). line 4 (ii)  The parties to the scoping consultation have not documented line 5 an enforceable agreement on methods, measures, and conditions line 6 for tribal cultural resource treatment, as described in subparagraph line 7 (C) of paragraph (2) and subparagraph (B) of paragraph (4). line 8 (iii)  The parties to the scoping consultation do not agree as to line 9 whether a potential tribal cultural resource will be affected by the line 10 proposed development, as described in subparagraph (C) of line 11 paragraph (4).
line 12 (B)  The written documentation provided to a development line 13 proponent pursuant to this paragraph shall include information on line 14 how the development proponent may seek a conditional use permit line 15 or other discretionary approval of the development from the local line 16 government.
line 17 (6)  This section is not intended, and shall not be construed, to line 18 limit consultation and discussion between a local government and line 19 a California Native American tribe pursuant to other applicable line 20 law, confidentiality provisions under other applicable law, the line 21 protection of religious exercise to the fullest extent permitted under line 22 state and federal law, or the ability of a California Native American line 23 tribe to submit information to the local government or participate line 24 in any process of the local government.
line 25 (7)  For purposes of this subdivision:
line 26 (A)  “Consultation” means the meaningful and timely process line 27 of seeking, discussing, and considering carefully the views of line 28 others, in a manner that is cognizant of all parties’ cultural values line 29 and, where feasible, seeking agreement. Consultation between line 30 local governments and Native American tribes shall be conducted line 31 in a way that is mutually respectful of each party’s sovereignty. line 32 Consultation shall also recognize the tribes’ potential needs for line 33 confidentiality with respect to places that have traditional tribal line 34 cultural importance. A lead agency shall consult the tribal line 35 consultation best practices described in the “State of California line 36 Tribal Consultation Guidelines: Supplement to the General Plan line 37 Guidelines” prepared by the Office of Planning and Research. line 38 (B)  “Scoping” means the act of participating in early discussions line 39 or investigations between the local government and California line 40 Native American tribe, and the development proponent if 98 — 23 — SB 423
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line 1 authorized by the California Native American tribe, regarding the line 2 potential effects a proposed development could have on a potential line 3 tribal cultural resource, as defined in Section 21074 of the Public line 4 Resources Code, or California Native American tribe, as defined line 5 in Section 21073 of the Public Resources Code.
line 6 (8)  This subdivision shall not apply to any project that has been line 7 approved under the streamlined, ministerial approval process line 8 provided under this section before the effective date of the act line 9 adding this subdivision.
line 10 (c)  (1)  If Notwithstanding any local law, if a local government’s line 11 planning director or any equivalent local government staff, line 12 including all relevant planning and permitting departments, line 13 equivalent position determines that a development submitted line 14 pursuant to this section is consistent with the objective planning line 15 standards specified in subdivision (a) and pursuant to paragraph line 16 (3) of this subdivision, it the local government shall approve the line 17 development. Upon a determination that a development submitted line 18 pursuant to this section is in conflict with any of the objective line 19 planning standards specified in subdivision (a), the local line 20 government staff or relevant local planning and permitting line 21 department that made the determination shall provide the line 22 development proponent written documentation of which standard line 23 or standards the development conflicts with, and an explanation line 24 for the reason or reasons the development conflicts with that line 25 standard or standards, as follows:
line 26 (A)  Within 60 days of submittal of the development to the local line 27 government pursuant to this section if the development contains line 28 150 or fewer housing units.
line 29 (B)  Within 90 days of submittal of the development to the local line 30 government pursuant to this section if the development contains line 31 more than 150 housing units.
line 32 (2)  If the local government’s planning director or any equivalent line 33 local government staff equivalent position fails to provide the line 34 required documentation pursuant to paragraph (1), the development line 35 shall be deemed to satisfy the objective planning standards line 36 specified in subdivision (a).
line 37 (3)  For purposes of this section, a development is consistent line 38 with the objective planning standards specified in subdivision (a) line 39 if there is substantial evidence that would allow a reasonable person line 40 to conclude that the development is consistent with the objective 98 SB 423 — 24 —
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line 1 planning standards. The local government shall not determine that line 2 a development, including an application for a modification under line 3 subdivision (g), (h), is in conflict with the objective planning line 4 standards on the basis that application materials are not included, line 5 if the application contains substantial evidence that would allow line 6 a reasonable person to conclude that the development is consistent line 7 with the objective planning standards.
line 8 (4)  For purposes of evaluating consistency with the objective line 9 planning standards under this section, the local government shall line 10 not require a development proponent to provide consultant studies line 11 requiring presubmittal scope approval by the local government or line 12 other studies or materials that are unnecessary to ascertain line 13 consistency with the objective planning standards. line 14 (4)  Upon submittal of an application for streamlined, ministerial line 15 approval pursuant to this section to the local government, all line 16 departments of the local government that are required to issue an line 17 approval of the development prior to the granting of an entitlement line 18 shall comply with the requirements of this section within the time line 19 periods specified in paragraph (1).
line 20 (d)  (1)  Any design review of the development may be conducted line 21 by the local government’s planning commission or any equivalent line 22 board or commission responsible for design review. That design line 23 review shall be objective and be strictly focused on assessing line 24 compliance with criteria required for streamlined projects, as well line 25 as any reasonable objective design standards published and adopted line 26 by ordinance or resolution by a local jurisdiction before submission line 27 of a development application, and shall be broadly applicable to line 28 development within the jurisdiction. That design review shall be line 29 completed, and if the development is consistent with all objective line 30 standards, the local government shall approve the development as line 31 follows and shall not in any way inhibit, chill, or preclude the line 32 ministerial approval provided by this section or its effect, as line 33 applicable:
line 34 (A)  Within 90 days of submittal of the development to the local line 35 government pursuant to this section if the development contains line 36 150 or fewer housing units.
line 37 (B)  Within 180 days of submittal of the development to the line 38 local government pursuant to this section if the development line 39 contains more than 150 housing units.
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line 1 (2)  If the development is consistent with the requirements of line 2 subparagraph (A) or (B) of paragraph (9) of subdivision (a) and line 3 is consistent with all objective subdivision standards in the local line 4 subdivision ordinance, an application for a subdivision pursuant line 5 to the Subdivision Map Act (Division 2 (commencing with Section line 6 66410)) shall be exempt from the requirements of the California line 7 Environmental Quality Act (Division 13 (commencing with Section line 8 21000) of the Public Resources Code) and shall be subject to the line 9 public oversight timelines set forth in paragraph (1). line 10 (3)  If a local government determines that a development line 11 submitted pursuant to this section is in conflict with any of the line 12 standards imposed pursuant to paragraph (1), it shall provide the line 13 development proponent written documentation of which objective line 14 standard or standards the development conflicts with, and an line 15 explanation for the reason or reasons the development conflicts line 16 with that objective standard or standards consistent with the line 17 timelines described in paragraph (1) of subdivision (c). line 18 (e)  (1)  Notwithstanding any other law, a local government, line 19 whether or not it has adopted an ordinance governing automobile line 20 parking requirements in multifamily developments, shall not line 21 impose automobile parking standards for a streamlined line 22 development that was approved pursuant to this section in any of line 23 the following instances:
line 24 (A)  The development is located within one-half mile of public line 25 transit.
line 26 (B)  The development is located within an architecturally and line 27 historically significant historic district.
line 28 (C)  When on-street parking permits are required but not offered line 29 to the occupants of the development.
line 30 (D)  When there is a car share vehicle located within one block line 31 of the development.
line 32 (2)  If the development does not fall within any of the categories line 33 described in paragraph (1), the local government shall not impose line 34 automobile parking requirements for streamlined developments line 35 approved pursuant to this section that exceed one parking space line 36 per unit.
line 37 (f)  Notwithstanding any law, a local government shall not line 38 require any of the following prior to approving a development that line 39 meets the requirements of this section:
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line 1 (1)  Studies, information, or other materials that do not pertain line 2 directly to determining whether the development is consistent with line 3 the objective planning standards applicable to the development. line 4 (2)  (A)  Compliance with any standards necessary to receive a line 5 postentitlement permit.
line 6 (B)  This paragraph does not prohibit a local agency from line 7 requiring compliance with any standards necessary to receive a line 8 postentitlement permit after a permit has been issued pursuant to line 9 this section.
line 10 (C)  For purposes of this paragraph, “postentitlement permit” line 11 has the same meaning as provided in subparagraph (A) of line 12 paragraph (3) of subdivision (j) of Section 65913.3. line 13 (f)
line 14 (g)  (1)  If a local government approves a development pursuant line 15 to this section, then, notwithstanding any other law, that approval line 16 shall not expire if the project satisfies both of the following line 17 requirements:
line 18 (A)  The project includes public investment in housing line 19 affordability, beyond tax credits.
line 20 (B)  At least 50 percent of the units are affordable to households line 21 making at or below 80 percent of the area median income. line 22 (2)  (A)  If a local government approves a development pursuant line 23 to this section, and the project does not satisfy the requirements line 24 of subparagraphs (A) and (B) of paragraph (1), that approval shall line 25 remain valid for three years from the date of the final action line 26 establishing that approval, or if litigation is filed challenging that line 27 approval, from the date of the final judgment upholding that line 28 approval. Approval shall remain valid for a project provided line 29 construction activity, including demolition and grading activity, line 30 on the development site has begun pursuant to a permit issued by line 31 the local jurisdiction and is in progress. For purposes of this line 32 subdivision, “in progress” means one of the following:
line 33 (i)  The construction has begun and has not ceased for more than line 34 180 days.
line 35 (ii)  If the development requires multiple building permits, an line 36 initial phase has been completed, and the project proponent has line 37 applied for and is diligently pursuing a building permit for a line 38 subsequent phase, provided that once it has been issued, the line 39 building permit for the subsequent phase does not lapse. 98 — 27 — SB 423
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line 1 (B)  Notwithstanding subparagraph (A), a local government may line 2 grant a project a one-time, one-year extension if the project line 3 proponent can provide documentation that there has been line 4 significant progress toward getting the development construction line 5 ready, such as filing a building permit application. line 6 (3)  If the development proponent requests a modification line 7 pursuant to subdivision (g), (h), then the time during which the line 8 approval shall remain valid shall be extended for the number of line 9 days between the submittal of a modification request and the date line 10 of its final approval, plus an additional 180 days to allow time to line 11 obtain a building permit. If litigation is filed relating to the line 12 modification request, the time shall be further extended during the line 13 pendency of the litigation. The extension required by this paragraph line 14 shall only apply to the first request for a modification submitted line 15 by the development proponent.
line 16 (4)  The amendments made to this subdivision by the act that line 17 added this paragraph shall also be retroactively applied to line 18 developments approved prior to January 1, 2022. line 19 (g)
line 20 (h)  (1)  (A)  A development proponent may request a line 21 modification to a development that has been approved under the line 22 streamlined, ministerial approval process provided in subdivision line 23 (c) if that request is submitted to the local government before the line 24 issuance of the final building permit required for construction of line 25 the development.
line 26 (B)  Except as provided in paragraph (3), the local government line 27 shall approve a modification if it determines that the modification line 28 is consistent with the objective planning standards specified in line 29 subdivision (a) that were in effect when the original development line 30 application was first submitted.
line 31 (C)  The local government shall evaluate any modifications line 32 requested pursuant to this subdivision for consistency with the line 33 objective planning standards using the same assumptions and line 34 analytical methodology that the local government originally used line 35 to assess consistency for the development that was approved for line 36 streamlined, ministerial approval pursuant to subdivision (c). line 37 (D)  A guideline that was adopted or amended by the department line 38 pursuant to subdivision (m) (n) after a development was approved line 39 through the streamlined, ministerial approval process described in 98 SB 423 — 28 —
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line 1 subdivision (c) shall not be used as a basis to deny proposed line 2 modifications.
line 3 (2)  Upon receipt of the development proponent’s application line 4 requesting a modification, the local government shall determine line 5 if the requested modification is consistent with the objective line 6 planning standard and either approve or deny the modification line 7 request within 60 days after submission of the modification, or line 8 within 90 days if design review is required.
line 9 (3)  Notwithstanding paragraph (1), the local government may line 10 apply objective planning standards adopted after the development line 11 application was first submitted to the requested modification in line 12 any of the following instances:
line 13 (A)  The development is revised such that the total number of line 14 residential units or total square footage of construction changes line 15 by 15 percent or more. The calculation of the square footage of line 16 construction changes shall not include underground space. line 17 (B)  The development is revised such that the total number of line 18 residential units or total square footage of construction changes line 19 by 5 percent or more and it is necessary to subject the development line 20 to an objective standard beyond those in effect when the line 21 development application was submitted in order to mitigate or line 22 avoid a specific, adverse impact, as that term is defined in line 23 subparagraph (A) of paragraph (1) of subdivision (j) of Section line 24 65589.5, upon the public health or safety and there is no feasible line 25 alternative method to satisfactorily mitigate or avoid the adverse line 26 impact. The calculation of the square footage of construction line 27 changes shall not include underground space.
line 28 (C)  (i)  Objective building standards contained in the California line 29 Building Standards Code (Title 24 of the California Code of line 30 Regulations), including, but not limited to, building plumbing, line 31 electrical, fire, and grading codes, may be applied to all line 32 modification applications that are submitted prior to the first line 33 building permit application. Those standards may be applied to line 34 modification applications submitted after the first building permit line 35 application if agreed to by the development proponent. line 36 (ii)  The amendments made to clause (i) by the act that added line 37 clause (i) shall also be retroactively applied to modification line 38 applications submitted prior to January 1, 2022. line 39 (4)  The local government’s review of a modification request line 40 pursuant to this subdivision shall be strictly limited to determining 98 — 29 — SB 423
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line 1 whether the modification, including any modification to previously line 2 approved density bonus concessions or waivers, modify the line 3 development’s consistency with the objective planning standards line 4 and shall not reconsider prior determinations that are not affected line 5 by the modification.
line 6 (h)
line 7 (i)  (1)  A local government shall not adopt or impose any line 8 requirement, including, but not limited to, increased fees or line 9 inclusionary housing requirements, that applies to a project solely line 10 or partially on the basis that the project is eligible to receive line 11 ministerial or streamlined approval pursuant to this section. line 12 (2)  (A)  A local government shall issue a subsequent permit line 13 required for a development approved under this section if the line 14 application substantially complies with the development as it was line 15 approved pursuant to subdivision (c). Upon receipt of an line 16 application for a subsequent permit, the local government shall line 17 process the permit without unreasonable delay and shall not impose line 18 any procedure or requirement that is not imposed on projects that line 19 are not approved pursuant to this section. The local government line 20 shall consider the application for subsequent permits based upon line 21 the objective standards specified in any state or local laws that line 22 were in effect when the original development application was line 23 submitted, unless the development proponent agrees to a change line 24 in objective standards. Issuance of subsequent permits shall line 25 implement the approved development, and review of the permit line 26 application shall not inhibit, chill, or preclude the development. line 27 For purposes of this paragraph, a “subsequent permit” means a line 28 permit required subsequent to receiving approval under subdivision line 29 (c), and includes, but is not limited to, demolition, grading, line 30 encroachment, and building permits and final maps, if necessary. line 31 (B)  The amendments made to subparagraph (A) by the act that line 32 added this subparagraph shall also be retroactively applied to line 33 subsequent permit applications submitted prior to January 1, 2022. line 34 (3)  (A)  If a public improvement is necessary to implement a line 35 development that is subject to the streamlined, ministerial approval line 36 pursuant to this section, including, but not limited to, a bicycle line 37 lane, sidewalk or walkway, public transit stop, driveway, street line 38 paving or overlay, a curb or gutter, a modified intersection, a street line 39 sign or street light, landscape or hardscape, an above-ground or line 40 underground utility connection, a water line, fire hydrant, storm 98 SB 423 — 30 —
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line 1 or sanitary sewer connection, retaining wall, and any related work, line 2 and that public improvement is located on land owned by the local line 3 government, to the extent that the public improvement requires line 4 approval from the local government, the local government shall line 5 not exercise its discretion over any approval relating to the public line 6 improvement in a manner that would inhibit, chill, or preclude the line 7 development.
line 8 (B)  If an application for a public improvement described in line 9 subparagraph (A) is submitted to a local government, the local line 10 government shall do all of the following:
line 11 (i)  Consider the application based upon any objective standards line 12 specified in any state or local laws that were in effect when the line 13 original development application was submitted. line 14 (ii)  Conduct its review and approval in the same manner as it line 15 would evaluate the public improvement if required by a project line 16 that is not eligible to receive ministerial or streamlined approval line 17 pursuant to this section.
line 18 (C)  If an application for a public improvement described in line 19 subparagraph (A) is submitted to a local government, the local line 20 government shall not do either of the following:
line 21 (i)  Adopt or impose any requirement that applies to a project line 22 solely or partially on the basis that the project is eligible to receive line 23 ministerial or streamlined approval pursuant to this section. line 24 (ii)  Unreasonably delay in its consideration, review, or approval line 25 of the application.
line 26 (i)
line 27 (j)  (1)  This section shall not affect a development proponent’s line 28 ability to use any alternative streamlined by right permit processing line 29 adopted by a local government, including the provisions of line 30 subdivision (i) of Section 65583.2.
line 31 (2)  This section shall not prevent a development from also line 32 qualifying as a housing development project entitled to the line 33 protections of Section 65589.5. This paragraph does not constitute line 34 a change in, but is declaratory of, existing law. line 35 (j)
line 36 (k)  The California Environmental Quality Act (Division 13 line 37 (commencing with Section 21000) of the Public Resources Code) line 38 does not apply to actions taken by a state agency, local government, line 39 or the San Francisco Bay Area Rapid Transit District to:
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line 1 (1)  Lease, convey, or encumber land owned by the local line 2 government or the San Francisco Bay Area Rapid Transit District line 3 or to facilitate the lease, conveyance, or encumbrance of land line 4 owned by the local government, or for the lease of land owned by line 5 the San Francisco Bay Area Rapid Transit District in association line 6 with an eligible TOD project, as defined pursuant to Section line 7 29010.1 of the Public Utilities Code, nor to any decisions line 8 associated with that lease, or to provide financial assistance to a line 9 development that receives streamlined approval pursuant to this line 10 section that is to be used for housing for persons and families of line 11 very low, low, or moderate income, as defined in Section 50093 line 12 of the Health and Safety Code.
line 13 (2)  Approve improvements located on land owned by the local line 14 government or the San Francisco Bay Area Rapid Transit District line 15 that are necessary to implement a development that receives line 16 streamlined approval pursuant to this section that is to be used for line 17 housing for persons and families of very low, low, or moderate line 18 income, as defined in Section 50093 of the Health and Safety Code. line 19 (k)
line 20 (l)  For purposes of establishing the total number of units in a line 21 development under this chapter, a development or development line 22 project includes both of the following:
line 23 (1)  All projects developed on a site, regardless of when those line 24 developments occur.
line 25 (2)  All projects developed on sites adjacent to a site developed line 26 pursuant to this chapter if, after January 1, 2023, the adjacent site line 27 had been subdivided from the site developed pursuant to this line 28 chapter.
line 29 (l)
line 30 (m)  For purposes of this section, the following terms have the line 31 following meanings:
line 32 (1)  “Affordable housing cost” has the same meaning as set forth line 33 in Section 50052.5 of the Health and Safety Code. line 34 (2)  (A)  Subject to the qualification provided by subparagraphs line 35 (B) and (C), “affordable rent” has the same meaning as set forth line 36 in Section 50053 of the Health and Safety Code. line 37 (B)  For a development for which an application pursuant to this line 38 section was submitted prior to January 1, 2019, that includes 500 line 39 units or more of housing, and that dedicates 50 percent of the total line 40 number of units, before calculating any density bonus, to housing 98 SB 423 — 32 —
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line 1 affordable to households making at, or below, 80 percent of the line 2 area median income, affordable rent for at least 30 percent of these line 3 units shall be set at an affordable rent as defined in subparagraph line 4 (A) and “affordable rent” for the remainder of these units shall line 5 mean a rent that is consistent with the maximum rent levels for a line 6 housing development that receives an allocation of state or federal line 7 low-income housing tax credits from the California Tax Credit line 8 Allocation Committee.
line 9 (C)  For a development that dedicates 100 percent of units, line 10 exclusive of a manager’s unit or units, to lower income households, line 11 “affordable rent” shall mean a rent that is consistent with the line 12 maximum rent levels stipulated by the public program providing line 13 financing for the development.
line 14 (3)  “Department” means the Department of Housing and line 15 Community Development.
line 16 (4)  “Development proponent” means the developer who submits line 17 a housing development project application to a local government line 18 under the streamlined, ministerial review process pursuant to this line 19 section.
line 20 (5)  “Completed entitlements” means a housing development line 21 that has received all the required land use approvals or entitlements line 22 necessary for the issuance of a building permit. line 23 (6)  “Health care expenditures” include contributions under line 24 Section 401(a), 501(c), or 501(d) of the Internal Revenue Code line 25 and payments toward “medical care,” as defined in Section line 26 213(d)(1) of the Internal Revenue Code.
line 27 (7)  “Housing development project” has the same meaning as in line 28 Section 65589.5.
line 29 (8)  “Locality” or “local government” means a city, including a line 30 charter city, a county, including a charter county, or a city and line 31 county, including a charter city and county.
line 32 (9)  “Moderate-income housing units” means housing units with line 33 an affordable housing cost or affordable rent for persons and line 34 families of moderate income, as that term is defined in Section line 35 50093 of the Health and Safety Code.
line 36 (10)  “Objective planning standards” shall not include standards line 37 in the California Building Standards Code (Title 24 of the line 38 California Code of Regulations), local building codes, fire codes, line 39 noise ordinances, other codes requiring detailed technical line 40 specifications, studies that are evaluated with subsequent permits, 98 — 33 — SB 423
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line 1 or other standards that are not reasonably ascertainable by the local line 2 government within the time limits set forth in subdivisions (c) and line 3 (d). Excluded objective planning standards include, but are not line 4 limited to, construction logistics plans, plumbing plans, electrical line 5 plans, grading, excavation plans, geotechnical studies, and offsite line 6 public improvement plans.
line 7 (11)
line 8 (10)  “Production report” means the information reported line 9 pursuant to subparagraph (H) of paragraph (2) of subdivision (a) line 10 of Section 65400.
line 11 (12)
line 12 (11)  “State agency” includes every state office, officer, line 13 department, division, bureau, board, and commission, but does not line 14 include the California State University or the University of line 15 California.
line 16 (13)
line 17 (12)  “Reporting period” means either of the following:
line 18 (A)  The first half of the regional housing needs assessment line 19 cycle.
line 20 (B)  The last half of the regional housing needs assessment cycle. line 21 (14)
line 22 (13)  “Urban uses” means any current or former residential, line 23 commercial, public institutional, transit or transportation passenger line 24 facility, or retail use, or any combination of those uses. line 25 (m)
line 26 (n)  The department may review, adopt, amend, and repeal line 27 guidelines to implement uniform standards or criteria that line 28 supplement or clarify the terms, references, or standards set forth line 29 in this section. Any guidelines or terms adopted pursuant to this line 30 subdivision shall not be subject to Chapter 3.5 (commencing with line 31 Section 11340) of Part 1 of Division 3 of Title 2 of the Government line 32 Code.
line 33 (n)
line 34 (o)  The determination of whether an application for a line 35 development is subject to the streamlined ministerial approval line 36 process provided by subdivision (c) is not a “project” as defined line 37 in Section 21065 of the Public Resources Code.
line 38 (o)
line 39 (p)  Notwithstanding any law, for purposes of this section and line 40 for development on property owned by or leased to the state, the 98 SB 423 — 34 —
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line 1 Department of General Services may act in the place of a locality line 2 or local government, at the discretion of the department. line 3 (p)
line 4 (q)  The provisions of clause (iii) of subparagraph (E) of line 5 paragraph (8) of subdivision (a) relating to health care expenditures line 6 are distinct and severable from the remaining provisions of this line 7 section. However, the remaining portions of paragraph (8) of line 8 subdivision (a) are a material and integral part of this section and line 9 are not severable. If any provision or application of paragraph (8) line 10 of subdivision (a) is held invalid, this entire section shall be null line 11 and void.
line 12 (q)
line 13 (r)  It is the policy of the state that this section be interpreted line 14 and implemented in a manner to afford the fullest possible weight line 15 to the interest of, and the approval and provision of, increased line 16 housing supply.
line 17 SEC. 3. The Legislature finds and declares that ensuring access line 18 to affordable housing is a matter of statewide concern and is not line 19 a municipal affair as that term is used in Section 5 of Article XI line 20 of the California Constitution. Therefore, Section 2 of this act line 21 amending Section 65913.4 of the Government Code applies to all line 22 cities, including charter cities.
line 23 SEC. 4. No reimbursement is required by this act pursuant to line 24 Section 6 of Article XIIIB of the California Constitution because line 25 a local agency or school district has the authority to levy service line 26 charges, fees, or assessments sufficient to pay for the program or line 27 level of service mandated by this act or because costs that may be line 28 incurred by a local agency or school district will be incurred line 29 because this act creates a new crime or infraction, eliminates a line 30 crime or infraction, or changes the penalty for a crime or infraction, line 31 within the meaning of Section 17556 of the Government Code, or line 32 changes the definition of a crime within the meaning of Section 6 line 33 of Article XIIIB of the California Constitution.

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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 4/4/2023 Agenda Item: A.

Department: Community Development
Prepared By Cecilia Gallardo-Daly, Community Development Director Subject:

ADOPTION OF THE DRAFT 2023-2024 ANNUAL ACTION PLAN FOR EXPENDITURES OF

COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
Summary:

The U. S. Department of Housing and Urban Development (HUD) requires the City Council to review, approve and adopt the draft 2023-2024 Annual Action Plan. The purpose of the Annual Action Plan is to receive the City's allocated CDBG funds and set forth specific activities to be funded for the program year.

Background:

Each year, the U.S. Department of Housing and Urban Development (HUD) determines the amount of CDBG funds the City receives based on various community factors such as population, household income, and housing needs. To receive CDBG funds from HUD, the City must adopt an Annual Action Plan that lists eligible projects and activities to be carried out during the fiscal year with CDBG funds. HUD notified the City it will receive $314,259 in FY 2023-24 CDBG funds. Staff has also identified $81,679 in prior year, uncommitted CDBG funds available for programming in FY 2023-24.

Finally, program income received during the year from repayment of prior funded housing rehabilitation loans will be available to support additional housing rehabilitation activities.

HUD regulations require the draft Annual Action Plan to be available for public review for 30 days.

The City must also hold a public hearing to obtain resident comments regarding the draft Annual Action Plan and proposed use of CDBG funds. A notice was published in the San Clemente Times on March 2, 2023, announcing the 30-day comment period and the April 4, 2023, public hearing. The required comment period commenced on March 3, 2023, and ended on April 3, 2023.

Discussion:

All recipients of CDBG funds are required to prepare a Consolidated Plan. The Consolidated Plan identifies a jurisdiction's overall housing and community development needs. It also outlines specific goals and objectives that will guide the City's CDBG funding priorities over a multi-year period. The City Council adopted the current Consolidated Plan in May 2020. According to the City's 2020-2024 Consolidated Plan, CDBG funding priorities fall into four general categories: 1) public improvements, 2) housing and commercial rehabilitation, 3) public services, and 4) program administration.

CITY OF SAN CLEMENTE Page 1 of 4 Printed on 3/30/2023
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Meeting Date: 4/4/2023 Agenda Item: A.

1. Public Improvements
According to HUD, "CDBG funds may be used for activities which include but are not limited to… construction of public facilities and improvements, such as water and sewer facilities, streets, neighborhood centers, and the conversion of school buildings for eligible purposes." The Action Plan proposes CDBG funding for the Max Berg Park Fountain Refurbishment Project. This work includes refurbishment of the four historic fountains at Max Berg Park.

Phase 1 of the project will cover costs associated with historic preservation consulting and design of the proposed park improvements (restoration of four fountains contributing to the park's historical nature). The FY 2024-25 Annual Action Plan will consider funding to restore the fountains.

2. Housing and Commercial Rehabilitation
Since 1994, the City has provided eligible property owners with Home Rehabilitation Program loans, and since 2004 the City has provided Commercial Facade Rehabilitation Program grants to eligible commercial property owners. Residential improvement loan proceeds are primarily utilized to address housing and building code deficiencies and deferred property improvements. The maximum loan amount is $25,000. The loan carries zero percent interest, with repayment deferred until the sale or transfer of the property. Loan repayment proceeds are recycled into additional home rehabilitation loans (i.e., program income). The typical commercial rehabilitation grant is used to design and install new business signs or awnings.

The maximum grant is $2,000. Grants are limited to businesses that serve residents of CDBGeligible areas.

3. Public Services
The City can allocate up to 15 percent of its annual CDBG grant for Public Services. Based on the FY 2023-24 CDBG grant, up to $47,128 is available for public service grants. In December 2022, the City notified local nonprofit organizations serving San Clemente residents of the availability of the CDBG public services grant application via the City's website and email. Seven applications for CDBG funding were received in January 2023, requesting $121,240 - $74,110 more than available. On March 9, 2023, the City's Social Services Budget Committee reviewed the applications and recommended $47,130 in CDBG funding for the following programs:
· Age Well Senior Services: $5,000 to assist an estimated 30 San Clemente seniors with in-home case management and support services.
· Camino Health Center: $10,815 to assist an estimated 2,500 residents with low-cost medical and pediatric dental services.
· Family Assistance Ministries: $10,815 to assist an estimated 585 individuals at risk of becoming homeless or homeless, with an array of housing and support services. · Fun on the Run (City of San Clemente): $10,000 to offset the cost of after-school and summer recreation services for an estimated 120 low- and moderate-income youths.
· Parentis Foundation: $5,500 to support one-on-one reading tutoring for students not reading at grade level; trained older adult volunteers recruited from the community CITY OF SAN CLEMENTE Page 2 of 4 Printed on 3/30/2023
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Meeting Date: 4/4/2023 Agenda Item: A.
will provide tutoring for an entire school year.
· Vocational Visions: $5,000 to support the agency's Pathways to Employment and Employment Support program, which will assist 12 San Clemente adults with developmental disabilities to prepare for and apply for work and to provide job coaching for clients placed in jobs. Vocational Visions is a first-time applicant for San Clemente CDBG funds.

4. Administration
The City may allocate up to 20 percent of its annual CDBG grant for Planning and Administration activities. Administrative program costs include funding for fair housing services and City staff and contractual staff time for the overall grant management. Staff oversees the Commercial Façade Rehabilitation Program, conducts public outreach and education, administers and monitors the social services grant program, and coordinates with the Engineering Division in setting community priorities for the CDBG target area. Consultants oversee the Home Rehabilitation Program, prepare mandatory reports, and work closely with City Staff. $62,850 is allocated for CDBG program administration, including $5,000 for fair housing services. The Fair Housing Foundation will provide HUD-required fair housing outreach, education, and enforcement services for an estimated 50 San Clemente households.

The Draft 2023-2024 Annual Action Plan provides additional details regarding the activities recommended for CDBG funding. A summary of funding recommendations is provided below. 2023-24 CDBG Proposed Activity Proposed CDBG Funding
Public Improvements: Max Berg Park Improvements
(Phase 1)
$125,000
Housing Rehabilitation: Housing rehabilitation assistance for owner-occupied & renter-occupied housing **
$150,958
Commercial Rehabilitation: Façade improvement grants $10,000 Public Services: Youth, homeless, and other low/modincome households$47,130 CDBG Planning & Administration: Program oversight and
coordination, including Fair Housing Counseling
$62,850
Total: $395,938
2023-24 CDBG Resources
2023-24 CDBG Grant $314,259
Prior Year Funds $81,679
Total: $395,938
** Plus program income received during FY 23-24 from repayment of prior funded housing rehab loans.

Council Options:
· Approve and adopt the Draft 2023-2024 Annual Action Plan for the use of Community Development Block Grant Funds and authorize the City Manager to submit the Annual Action CITY OF SAN CLEMENTE Page 3 of 4 Printed on 3/30/2023
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Meeting Date: 4/4/2023 Agenda Item: A.

Plan to HUD to execute the HUD contract.
· Modify and adopt the Draft 2023-2024 Annual Action Plan for the use of Community Development Block Grant Funds and authorize the City Manager to submit the Annual Action Plan to HUD to execute the HUD contract.
· Continue the Item with direction to provide additional information. · Deny the Annual Action Plan.

Fiscal Impact:

The Annual Action Plan will have a positive fiscal effect by adding $314,259 of Community Development Block Grant (CDBG) funds to the Miscellaneous Grant Fund.

Recommended Actions:

Staff Recommendation

1. Approve and adopt the Draft 2023-2024 Annual Action Plan for the use of Community Development Block Grant Funds.

2. Authorize the City Manager to submit the Annual Action Plan to HUD to execute the HUD contract.

3. Accept grant revenues of $314,259 from HUD to the Miscellaneous Grants Fund (Fund 017).

4. Authorize a related budget appropriation of $314,259 to the CDBG fund for the amounts in the 2023-2024 Action Plan.

Attachment:

1. Draft 2023-2024 Annual Action Plan
Notification:

San Clemente Times
CITY OF SAN CLEMENTE Page 4 of 4 Printed on 3/30/2023
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CITY OF SAN CLEMENTE
2023-2024
Annual Action Plan
Draft March 4, 2023
153
i
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23 Contents
Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) ........................................................................ 1 PR-05 Lead & Responsible Agencies – 91.200(b) ...................................................................................... 4 AP-10 Consultation – 91.100, 91.200(b), 91.215(l) ................................................................................... 5 AP-12 Participation – 91.105, 91.200(c) ................................................................................................... 9 Expected Resources
AP-15 Expected Resources – 91.220(c) (1, 2) ......................................................................................... 10 Annual Goals and Objectives
AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) ............................................................. 13 AP-35 Projects – 91.220(d) ..................................................................................................................... 16 AP-38 Projects Summary ......................................................................................................................... 17 AP-50 Geographic Distribution – 91.220(f) ............................................................................................. 24 Affordable Housing
AP-55 Affordable Housing – 91.220(g) ................................................................................................... 25 AP-60 Public Housing – 91.220(h) ........................................................................................................... 26 AP-65 Homeless and Other Special Needs Activities – 91.220(i) ............................................................ 27 AP-75 Barriers to affordable housing – 91.220(j) ................................................................................... 29 AP-85 Other Actions – 91.220(k)............................................................................................................. 30 Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)....................................................................... 32 Attachments
Attachment 1: Summary of Prior Accomplishments
Attachment 2: Public Notice and Summary of Public Comments Attachment 3: CDBG Eligible Area Census Tract Block Groups Attachment 4: Analysis of Impediments Analysis Summary and Action Plan Certifications and SF-424
154
1 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23 Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
The 2023-2024 Annual Action Plan for the City of San Clemente satisfies federal requirements to receive Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD). The primary objective of the CDBG program is to develop viable urban communities by providing decent housing, a suitable living environment, and economic opportunities, principally for low- and moderate-income individuals.

Each activity to be undertaken with CDBG funds must meet one of the three national objectives:
x Benefit low and moderate-income persons,
x Aid in the prevention or elimination of slums and blight, or x Meet a community need having particular urgency, such as a nationally declared disaster.

To receive CDBG funds, the City must prepare a Consolidated Plan. The Consolidated Plan is a multi-year strategic plan that identifies priority housing and community needs, and it also identifies the City's activities over five years to address priority needs. The Action Plan, a component of the Consolidated Plan, is the City's annual expenditure plan for using CDBG funds to address the needs identified in the Consolidated Plan.

HUD has announced that the City will receive $314,259 in 2023 CDBG funding - $16,399 more than the City's current year CDBG allocation. The City has also identified $81,679 in prior year CDBG funds that will be available during FY 2023-2024 to fund eligible activities. Program income received during FY 2023-2024 will be available to support housing rehabilitation activities.

The 2023-2024 Action Plan details the specific activities the City will undertake with CDBG resources to address the housing and community needs identified in the Consolidated Plan. Planned activities include housing rehabilitation, minor commercial property improvements, public infrastructure improvements, public social services grants, and program administration (including fair housing services).

2. Summarize the objectives and outcomes identified in the Plan The five-year CDBG program objectives and outcomes identified in the 2020-2024 Consolidated Plan are summarized below. Corresponding proposed outcomes for FY 2023-24 are also provided below:
x Infrastructure and Facility Improvements: Improve public infrastructure and facilities that benefit 7,000 low- and moderate-income residents / FY 23-24 Goal: 1 project (Max Berg Plaza Park), which will benefit 4,090 residents
x Provide housing rehabilitation assistance to 20 homeowners and 2 rental housing owners / FY 23- 24 Goal: Rehab 6 owner-occupied and 0 rental units
x Provide access to public social services for 12,500 low- and moderate-income persons / FY 23-24 Goal: Assist 2,687 individuals
155
2 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23 x Provide access to housing and supportive services for 2,500 persons at risk of becoming homeless or that are homeless / FY 23-24 Goal: Provide homelessness prevention assistance, shelter, and support services to 315 individuals
x Support activities to promote economic opportunities by assisting 10 businesses that serve lowerincome residents / FY 23-24 Goal: Assist 5 businesses x Provide CDBG program oversight and coordination, including fair housing services to 300 households / FY 23-24 Goal: Provide 1 Year of program admin and assist 50 households with fair housing services

3. Evaluation of past performance
FY 2022-2023 (the current fiscal year) is the third year of the City's 2020-2024 Consolidated Plan cycle.

Most planned activities will be completed by June 30, 2023. A table that summarizes the City's Consolidated Plan goals for two completed program years (FY 2020-2021 and FY 2021-2022) is provided as Attachment 1.

4. Summary of Citizen Participation Process and consultation process Resident and community stakeholder participation in prioritizing the use of CDBG funds is an essential component of the Consolidated Plan (and Action Plan) planning process. For the 2023-2024 Action Plan, the City obtained public input in a variety of ways:
x Consistent with HUD regulations (24 CFR 91.105 (a)(2)(iv)), the City utilized focus groups to ascertain public service grant priority needs. Specifically, the City's Social Service Budget Committee reviewed social service needs in the community and developed funding recommendations for the City Council's consideration. The Committee is comprised of a representative of the City Council, the City's Human Relations Committee, and City staff. x The City's Social Service Budget Committee held a meeting on March 9, 2023, to provide public input regarding allocating CDBG public service grant funds. x On March 3, 2023, a notice was published in the local newspaper announcing the required 30-day public comment period for the draft 2023-2024 Annual Action Plan. The notice also announced a public hearing to be held by the City Council.
x On April 4, 2023, the San Clemente City Council held a public hearing to accept additional public input regarding the draft 2023-2024 Annual Action Plan and authorize submission of the plan to HUD.

5. Summary of public comments
See Attachment 2.

6. Summary of comments or views not accepted and the reasons for not accepting them All comments and views were accepted – see Attachment 2. 156
3 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23

7. Summary
The 2023-2024 Annual Action Plan is the fourth year of the 2020-2024 Consolidated Plan cycle. The Annual Action Plan is the City's one-year expenditure plan for CDBG funds. HUD has notified the City that it will receive $314,259 in CDBG funds for FY 2023-2024. An additional $81,679 in prior year uncommitted CDBG funds, plus program income resources received during the year will be available to carry out CDBG-eligible activities. The Action Plan details how CDBG funds will support the broader goals and objectives of the Consolidated Plan. Funded activities include housing rehabilitation, public infrastructure improvements, public social services, and program administration, including fair housing services. 157
4 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23PR-05 Lead & Responsible Agencies – 91.200(b)1. Agency/entity responsible for preparing/administering the Consolidated PlanDescribe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grantprogram and funding source.Table 1 – Responsible Agencies Agency Role Name Department/Agency
CDBG Administrator San Clemente, CA Community Development Narrative (optional)The City's Community Development Department is primarily responsible for administering CDBG funds, including preparing the Consolidated Plan, annual action plans, year-end performance reports, and other administrative aspects of the program.

Consolidated Plan Public Contact InformationCecilia Gallardo-Daly, Community Development Director [email protected] / (949) 361-6106 158
5 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23 AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
Pursuant to HUD regulations, the City has taken several steps to obtain resident and stakeholder input to develop the 2023-2024 Annual Action Plan. The City Council held a hearing to receive public comment on the proposed use of CDBG funds. The City's Social Service Budget Committee provided funding recommendations for public service grants. The City also utilized its internet web page and the newspaper to notify residents of the opportunity to review and comment on the 2023-2024 Annual Action Plan draft.

Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
The City of San Clemente works closely with the County of Orange Housing Authority (OCHA); OCHA administers the federal rental assistance voucher and certificate programs. The City has limited resources to assist with the development of housing opportunities. Still, City staff will work with developers as opportunities evolve to encourage housing development for lower-income residents.

Through the annual CDBG Public Service Grants (and the funding process for other City-funded community service grants), City staff can ascertain the services residents need and develop partnerships with local agencies to coordinate the delivery of needed services.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

As a supporter of the Orange County Continuum of Care (OC CoC) planning process, the City provides information regarding the activities it will fund to address local homeless issues. The OC CoC uses this information to prepare the region's application to HUD for Homeless Assistance Grant funds. As needed, City staff will expedite certifications of consistency with the Consolidated Plan and other forms of support for the OC CoC. The City also supports and participates in the biennial Point-In-Time Survey of the region's homeless.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City does not receive Emergency Solutions Grant (ESG) funds; therefore, it does not help the OC-CoC to determine ESG allocations, evaluate grant outcomes, or develop policies and procedures for administering the regional Homeless Management Information System (HMIS). 159
6 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction's consultations with housing, social service agencies and other entities (see Table 2 below):
1 Agency/Group/Organization Orange County Housing Authority Agency/Group/Organization Type PHA
Other government - County
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Public Housing Needs
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
Provided information regarding the number
and type of households receiving HUD rental
assistance
2 Agency/Group/Organization 211 Orange County
Agency/Group/Organization Type Regional organization
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Homeless Management Information System
(HMIS) Admin
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
Regional Continuum of Care coordinator and
HMIS administrator. Provided information
regarding regional and local homeless
populations and shelter resources
3 Agency/Group/Organization Fair Housing Foundation
Agency/Group/Organization Type Service-Fair Housing
What section of the Plan was addressed by
Consultation?
Impediments to Fair Housing
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
The agency provided data and information that
helped identify the needs of lower-income
families and individuals requiring fair housing
services and provided input regarding the City's
strategy to address impediments to fair housing
160
7 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23 4 Agency/Group/Organization Age Well Senior Services
Agency/Group/Organization Type Services-Elderly Persons What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
Provided input regarding the service needs of
seniors, including homebound seniors
5 Agency/Group/Organization Family Assistance Ministries Agency/Group/Organization Type Services - Housing
Services-homeless
What section of the Plan was addressed by
Consultation?
Homeless Needs - Families with children
Homelessness Strategy
Needs of Low/Mod persons
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
Provided input regarding housing and service
needs of homeless individuals and households
at risk of becoming homeless
6 Agency/Group/Organization Camino Health Center
Agency/Group/Organization Type Services-Health
What section of the Plan was addressed by
Consultation?
Anti-poverty Strategy
Needs of Low/Mod persons
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
Provided input regarding medical/dental
service needs of the community, including
homeless individuals
7 Agency/Group/Organization City of San Clemente
Agency/Group/Organization Type Other government – Local What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homelessness Strategy
Non-Homeless Special Needs
Economic Development
Market Analysis
161
8 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23 Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
Various city departments, committees, and City
Council provided data and information. It also
played a crucial role in identifying priorities and
recommendations for the allocation of HUD
funds
8 Agency/Group/Organization Boys and Girls Club
Agency/Group/Organization Type Services-Youth
What section of the Plan was addressed by
Consultation?
Anti-poverty Strategy
Needs of Low/Mod persons
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
Provided input regarding childcare needs for
lower-income households
9 Agency/Group/Organization Parentis Foundation
Agency/Group/Organization Type Services-Youth
What section of the Plan was addressed by
Consultation?
Anti-poverty Strategy
Needs of Low/Mod persons
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
Provided input regarding childcare needs for
lower-income households
Identify any Agency Types not consulted and provide rationale for not consulting The City made an effort to have an open consultation process; no agency was knowingly excluded from the consultation process.

Other local/regional/state/federal planning efforts considered when preparing the Plan Table 2 – Other local / regional / federal planning efforts Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each
Continuum of Care 211 Orange County Helped establish program goals to address the needs of the San Clemente homeless, including the
regional & local homeless point-in-time survey
City of San Clemente
Housing Element
City of San Clemente Provided housing priorities and program goals 162
9 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23 City of San Clemente
Capital Improvement
l
City of San Clemente Helped to identify priority capital projects that may be CDBG-eligible
5 Yr. & 1 Yr. PHA Plan Orange County
Housing Authority
Identified OCHA resources to address the housing
needs of low-income renters in the City
Analysis of Impediments
to Fair Housing
Orange County HUD
Grantee Cities and the
County of Orange
A countywide document that identifies fair
housing impediments within participating cities
and outlines a plan to address fair housing issues
Narrative (optional)
163
10 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23AP-12 Participation – 91.105, 91.200(c)1. Summary of citizen participation process/Efforts made to broaden citizen participationSummarize citizen participation process and how it impacted goal-settingThe City of San Clemente provided several opportunities for public participation throughout the Annual Action Plan preparation process. These opportunities included public meetings, a 30-day public review of the draft Annual Action Plan, and a City Council public hearing. The notice for the required public comment period and a public hearing is provided in Attachment 2 of this plan. Actions are further summarized below:

Citizen Participation OutreachTable 3 – Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
1 Public Meeting Nontargeted/broad
community
3/9/23 Social Service Budget Committee meeting to recommend CDBG public service grant funds None None NA
2 Newspaper Ad Nontargeted/broad
community
Notice of 30-day public review period (3/3/23 to 4/3/23) See Attachment 2 TBD NA
3 Public Hearing Nontargeted/broad
community
4/4/23 public hearing See Attachment 2 TBD NA
164
11 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23 Expected Resources
AP-15 Expected Resources – 91.220(c) (1, 2)IntroductionHUD has published 2023 CDBG allocations; the City's CDBG Allocation for FY 2023-2024 is $314,259. Additionally, the City identified $81,679 in prior year CDBG funds that will be available during FY 2023-2024. Program income received during FY 2023-2024 will also be available to fund housing rehabilitation activities. Housing voucher/certificate resources via OCHA and Good Neighbor grants (i.e., social service grants funded with American Recovery Plan Act) will also be available to support activities that may address the Consolidated Plan's goals.

The City has access to In-lieu Affordable Housing Fee resources; however, no project has been identified to use these funds.

Priority Table
Table 4 - Expected Resources – Priority Table
Program Source of
Funds
Uses of Funds Expected Amount Available Year 4 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public –
federal
Acquisition Admin & Planning Economic Development HousingPublic Improvements Public Services 314,259 0 81,679 395,938 300,000 Annual CDBG allocation from HUD, program income, and prior-year funds 165
12 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of howmatching requirements will be satisfiedThe City leveraged federal funds with local redevelopment funds in past years. In 2012 the State Legislature and the governor passed legislation to dissolve all redevelopment agencies in the State; consequently, local resources supporting Consolidated Plan strategies are limited. The City has identified other resources that will be available to carry out activities that address the goals of the Consolidated Plan:
x OCHA reports that as of January 2023, 132 San Clement households receive rental assistance. It was anticipated that 150 households would be assisted annually during the five-year Consolidated Plan programming cycle. x For FY 2023-2024, the City will utilize $30,000 in American Recovery Plan Act (ARPA) funds to support three programs that assist youths and San Clemente residents needing services. The City will also use Permanent Local Housing Allocation (PLHA) funds to fund homeless outreach services (approximately $190,000). PLHA is state funding allocated to local governments to help address unmet housing needs. x In-lieu Affordable Housing Fund resources generated via the City's Inclusionary Housing Program (IHP) are available to assist nonprofit agencies in purchasing land or existing housing units to provide long-term affordable housing. The City adopted the IHP in 1980 to increase the supply of affordable housing. The program requires developers of six or more units to set aside 4% of total units developed for households earning 50% or less of the area median income. The affordable requirement can be provided on-site, off-site, or through an in-lieu fee. Past housing development activity has generated a fund of approximately $1,000,000. No specific project(s) is presently slated to benefit from this resource; however, these funds should be considered one-time funds as most large housing scale development in the City is complete as the City approaches build-out.

CDBG does not require matching funds.

If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needsidentified in the planAs indicated in the Consolidated Plan, San Clemente is nearly "built out" with limited vacant land; nonetheless, the City's Housing Element identifies several vacant and underutilized sites that may be suitable for housing development. Most properties identified in the Housing Element residential sites inventory are in the City's Affordable Housing Overlay. The Overlay Zone intends to encourage affordable rental and for-sale housing in commercial and mixed-use zones.
166
13 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23DiscussionFunding resources are limited to implement the City's 2023-2024 Annual Action Plan. The City will receive $314,259 in 2023 CDBG funding from HUD. An additional $81,679 in uncommitted prior-year CDBG funding, plus program income generated from CDBG-funded housing rehabilitation loan repayments (i.e., Revolving Loan Funds), will be available to address priority needs. OCHA has aggressively pursued new rental assistance resources - the City will continue to support OCHA's efforts to secure these resources. Additionally, the City will continue supporting programs serving City residents with ARPA-funded social service grants and PLHA-funded activities. Finally, the City has identified vacant and underutilized land that may be suitable for housing development - in-lieu fees for affordable housing development are available to support affordable housing activities; however, no projects are slated for development utilizing these resources in FY 2023-2024. 167
14 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23 Annual Goals and Objectives
AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information Table 5 – Goals Summary
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Infrastructure and
Facility Improvements
2020 2024 Non-Housing
Community Development
CDBG Census TractsCitywide
Public Improvements
CDBG:
$125,000
Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit:4,090 Persons Assisted 2 Housing
Preservation
2020 2024 Affordable Housing Citywide Affordable Housing CDBG:
$150,958
Homeowner Housing Rehabilitated:6 Household Housing Unit 3 Public Social
Services
2020 2024 Non-Homeless
Special Needs Low & Moderateincome Households
Citywide Public Services CDBG:
$36,315
Public service activities other than Low/Moderate Income Housing Benefit:2,687 Persons Assisted 4 Homeless
Continuum of Care
2020 2024 Homeless Citywide Homeless Support
Services and Housing
CDBG:
$10,815
Public service activities other than Low/Moderate Income Housing Benefit:250 Persons Assisted Homeless Person Overnight Shelter: 20 Persons Assisted Homelessness Prevention: 45 Persons Assisted
168
15 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23 5 Economic
Opportunities
2020 2024 Non-Housing
Community Development
CDBG Census Tracts
Economic Development
CDBG:
$10,000
Businesses assisted: 5 Businesses Assisted
6 Program
Administration
2020 2024 Administration Citywide Administration and
Planning
CDBG:
$62,850
Other: 50 Other
Goal Descriptions
1 Goal Name Infrastructure and Facility Improvements
Goal Description Improve and expand public infrastructure and facilities that benefit low- and moderate-income neighborhoods and residents 2 Goal Name Housing Preservation
Goal Description Improve or expand the supply of housing affordable to lower-income households 3 Goal Name Public Social Services
Goal Description Provide or improve access to public social services for low- and moderate-income persons and persons with special needs 4 Goal Name Homeless Continuum of Care
Goal Description A continuum of supportive and housing services for the homeless and households at risk of homelessness 5 Goal Name Economic Opportunities
Goal Description Grants and other forms of assistance to improve or expand local businesses 6 Goal Name Program Administration
Goal Description Provide for administration and planning activities to address needs identified in the Consolidated Plan, including services to address impediments to fair housing
169
16 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23Estimate the number of extremely low-income, low-income, and moderate-income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.215(b): The City of San Clemente does not receive HOME funds; however, CDBG resources are allocated to rehabilitate residential housing units. Six lower-income homeowners are projected to be assisted with CDBG resources during FY 2023-2024. 170
17 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23 AP-35 Projects – 91.220(d)
Introduction
The following activities have been allocated CDBG funds for FY 2023-2024.

Table 6 – Project Information
# Project Name
1 Single-Family Housing Rehabilitation
2 Age Well Senior Services
3 Camino Health Center
4 Family Assistance Ministries
5 Fun On The Run
6 Parentis Foundation
7 Vocational Visions
8 Fair Housing Foundation
9 CDBG Program Administration
10 Max Berg Park Improvements
11 Business Sign and Façade Improvement
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The City will allocate a portion of its CDBG funds for activities that address the housing and service needs of lower-income households and households with special needs, especially those at risk of homelessness.

Consistent with the City's Homeless Strategy, resources will be allocated to provide safety net services to help at-risk households maintain their current housing. The City will use CDBG program income (i.e., funds generated by the repayment of housing rehabilitation loans) to help homeowners improve their residences and not incur additional housing cost burden. The City will also encourage and support OCHA's efforts to obtain additional rental assistance funding for San Clemente households. 171
18 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23 Projects
AP-38 Projects SummaryProject Summary Information Table 7 – Project Summary 1 Project Name Single-Family Housing Rehabilitation Program Target Area CitywideGoals Supported Owner-occupied Housing RehabilitationNeeds Addressed Housing RehabilitationFunding CDBG: $150,958 plus program income received during the yearDescription CDBG-funded housing rehabilitation loans or grants for eligible homeownersTarget Date 6/30/2024Estimate the number and type of families that will benefit from the proposed activities 6 owner-occupied housing units
Location Description CitywidePlanned Activities CDBG funds ($150,958 in 2022 funds plus program income received during the year) for homeowner housing rehabilitation loans or grants to address housing/building code deficiencies and deferred property improvements
2 Project Name Age Well Senior Services
Target Area CitywideGoals Supported Public Social ServicesNeeds Addressed Public ServicesFunding CDBG: $5,000Description Services for seniors 172
19 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23 Target Date 6/30/2024Estimate the number and type of families 30 seniorsLocation Description CitywidePlanned Activities A variety of services for homebound seniors, including in-home support services, meals-onwheels, and case management 3 Project Name Camino Health Center
Target Area CitywideGoals Supported Public Social ServicesNeeds Addressed Public ServicesFunding CDBG: $10,815Description Low-cost medical and pediatric dental services for low- and moderate-income personsTarget Date 6/30/2024Estimate the number and type of families that will benefit from the proposed
activities
2,500 low- and moderate-income persons
Location Description 1031 Avenida Pico, Ste. 104, San Clemente CAPlanned Activities Primary medical care and pediatric dental services at a reduced cost for lower-income persons and indigents
4 Project Name Family Assistance Ministries
Target Area CitywideGoals Supported Homeless Continuum of Care Needs Addressed Homeless Support Services and Housing Funding CDBG: $10,815 173
20 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23 Description Housing assistance, support services, and case management for households that are at risk of homelessness and those that are homeless
Target Date 6/30/2024Estimate the number and type of families that will benefit from the proposed activities 315 low- and moderate-income persons
Location Description CitywidePlanned Activities Rent and utility assistance (45 individuals), emergency and interim housing (20 individuals, and food/case management (250 individuals) for households at risk of homelessness and those that are homeless
5 Project Name Fun On The Run (City of San Clemente)
Target Area CitywideGoals Supported Public Social ServicesNeeds Addressed Public ServicesFunding CDBG: $10,000Description Youth recreation programTarget Date 6/30/2024Estimate the number and type of families that will benefit from the proposed activities An estimated 120 youths
Location Description CitywidePlanned Activities After-school recreation and homework assistance program with a focus on low- and moderateincome children 6 Project Name Parentis Health Foundation
Target Area Citywide
174
21 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23 Goals Supported Public Social Services Needs Addressed Public Services Funding CDBG: $5,500Description Children's literacy program that links students age 5 to 11 with a trained older adult tutorTarget Date 6/30/2024Estimate the number and type of families that will benefit from the proposed activities 25 youths
Location Description Boys & Girls Club of the South Coast Area, 1304 Calle Valle, San Clemente, CAPlanned Activities Intensive one-on-one reading support for students that do not read at grade level - tutoring is provided by trained older adult volunteers for an entire school year 7 Project Name Vocational Visions
Target Area CitywideGoals Supported Public Social ServicesNeeds Addressed Public ServicesFunding CDBG: $5,000 Description Employment services for adults with developmental disabilities Target Date 6/30/2024 Estimate the number and type of families 12 adults with developmental disabilities Location Description 26041 Pala, Mission Viejo, CA Planned Activities Job preparation and job-seeking support services and on-the-job coaching for adults with developmental disabilities
8 Project Name Fair Housing Foundation
Target Area Citywide
175
22 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23 Goals Supported Program Administration Needs Addressed Administration and Planning Funding CDBG: $5,000Description Fair housing outreach, education, and enforcement services to reduce and eliminate impediments to fair access to housing
Target Date 6/30/2024Estimate the number and type of families that will benefit from the proposed activities 50 households
Location Description CitywidePlanned Activities Fair housing outreach, education, and enforcement services, including landlord, tenant, and property management fair housing training; community outreach and education; complaint investigation and enforcement services 9 Project Name CDBG Program Administration
Target Area CitywideGoals Supported Program Administration Needs Addressed Administration and Planning Funding CDBG: $57,850Description CDBG program oversight and coordinationTarget Date 6/30/2024Estimate the number and type of families that will benefit from the proposed activities Not applicable
Location Description 910 Calle Negocio Ste. 100, San Clemente CA – City Hall 176
23 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23 Planned Activities Program oversight and coordination, including management of public service grants, housing rehabilitation programs, and preparation of required applications and reports 10 Project Name Max Berg Park Improvements (Phase 1)
Target Area CDBG census tractsGoals Supported Public Infrastructure ImprovementsNeeds Addressed Public ImprovementsFunding CDBG: $125,000 Description Neighborhood park improvements Target Date 6/30/2025Estimate the number and type of families that will benefit from the proposed activities Estimated 4,090 individuals, 71.3% of which are low- and moderate-income Location Description 1100 Calle Puente, San Clemente, CA (Census Tract 421.07 Block Group 2 & Census Tract 421.08 Block Group 4
Planned Activities Max Berg Park Fountain Refurbishment Project – phase 1 will cover costs associated with historic preservation consulting and design of proposed park improvements (restoration of four fountains that contribute to the historic nature of the park 11 Project Name Business Sign and Façade Improvement Grants Target Area CDBG census tractsGoals Supported Economic OpportunitiesNeeds Addressed Economic OpportunitiesFunding CDBG: $10,000Description Grants to update or upgrade business signs or facadesTarget Date 6/30/2024 177
24 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23 Estimate the number and type of families that will benefit from the proposed activities Assistance for up to 5 businesses
Location Description To be determined but located within CDBG-eligible Census Tract Block GroupsPlanned Activities Grants to business owners to update or upgrade business signs and/or other minor building facades improvements
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs:The City will allocate a portion of its CDBG funds for activities that address the housing and service needs of the elderly and lower-income households, especially those at risk of homelessness. According to data from the Consolidated Plan, these households contribute a significant portion of their income to maintain housing. Consistent with the City's Homeless Strategy, resources will be allocated to help these households remain housed in place rather than fall into homelessness. The City's housing rehabilitation program can assist elderly homeowners in improving their residences to address specific household needs. Additionally, the City will encourage and support OCHA's efforts to obtain additional rental assistance funding for San Clemente households. 178
25 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23 AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed Most activities slated for CDBG funding during FY 2023-2024 will be available citywide to income-eligible individuals and households. These activities include public services and housing rehabilitation. Activities such as park improvements will be limited to specific areas of the City where a significant percentage of residents meet HUD's income limits. A list of the City's CDBG Eligible Areas is provided in Attachment 3.

Geographic Distribution
Table 8 - Geographic Distribution
Target Area Percentage of Funds
CDBG census tracts 32
Citywide 68
Rationale for the priorities for allocating investments geographically Funding is principally allocated on a citywide basis. The City's primary intent is to serve lower-income residents who need housing or services regardless of where they live in the City. Area-wide activities (e.g., public improvements) are typically limited to the City's CDBG-eligible areas.

Discussion
The City's primary intent is to use CDBG funds to assist eligible households that need services regardless of where they live in the City. A portion of funds focuses on specific areas of the City with a significant percentage of low- and moderate-income residents.
179
26 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23 Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
The City will utilize limited CDBG funds and program income to provide eligible homeowners with housing rehabilitation loans and grants.

Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 6
Special-Needs 0
Total 6
Table 10 - One Year Goals for Affordable Housing by Support Type One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 0
Rehab of Existing Units 6
Acquisition of Existing Units 0
Total 6
Discussion
The City will utilize CDBG and program income (Revolving Loan funds) to assist in rehabilitating owneroccupied housing units. While it is not the program's primary focus, some special-needs households (senior and disabled) may be assisted during the year by the program. The City will also continue to support OCHA's program activities in the community. It is estimated that 130 households will receive rental assistance vouchers or certificates during FY 2023-2024. 180
27 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23 AP-60 Public Housing – 91.220(h)
Introduction
San Clemente does not own or manage public housing.

Actions planned during the next year to address the needs to public housing Not applicable.

Actions to encourage public housing residents to become more involved in management and participate in homeownership
Not applicable.

If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
Not applicable.

Discussion
San Clemente does not own or manage public housing.
181
28 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23 AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
As the Consolidated Plan outlines, the City's homeless strategy emphasizes preventing homelessness since it is less expensive and disruptive to keep a household housed in place. To this end, the City will continue to support local agencies with CDBG resources that provide various services for lower-income households, including food banks, rent/utility assistance, and reduced-cost childcare and healthcare services. These safety-net programs can help a household maintain its current housing situation and avoid homelessness.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The CARES Act of 2020 allowed the City to invest significant CDBG-CV resources to engage the homeless, specifically the chronically homeless, during the COVID-19 pandemic. No additional CDBG (or CDBG-CV) resources will be allocated for homeless outreach services in FY 2023-2024. However, the City will utilize Permanent Local Housing Allocation (PLHA) funds to fund the current homeless outreach staff and add a second outreach staffer.

The City of San Clemente will also continue to support agencies working directly with sheltered and unsheltered homeless populations. For example, Family Assistance Ministries conducts extensive outreach and vulnerability assessments throughout San Clemente and neighboring communities. Other agencies conduct similar outreach and assessment services for specific homeless populations, such as domestic violence victims and transitional-age youth.

Addressing the emergency shelter and transitional housing needs of homeless persons The Consolidated Plan indicates that Family Assistance Ministries manages 44 emergency and 14 transitional shelter beds in San Clemente. These shelter beds are earmarked for homeless families with children. Additionally, Laura's House offers shelter for victims of domestic violence.

FAM proposes to utilize FY 2023-2024 CDBG funds to provide emergency or interim housing for 20 individuals.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
182
29 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23 As outlined above, the City will focus its CDBG resources on preventing homelessness and assisting those already homeless. The 2022 Orange County homeless Point In Time County survey indicates 50 sheltered San Clement homeless individuals; however, 81 individuals are reported unsheltered-homeless.

Upon request, the City will support agencies that provide homeless housing and supportive services by providing a Certification of Consistency with the Consolidated Plan. (Note that in addition to being consistent with the Consolidated Plan, programs must also comply with applicable federal, state, and local regulations). Additionally, the City will continue to support the OC-CoC's efforts to seek resources to address regional homeless issues and support OCHA's efforts to obtain additional housing assistance vouchers for homeless Veterans (VASH). OCHA reports that in January 2023, four veteran households will benefit from VASH housing assistance in San Clemente. Additionally, six individuals receive rental assistance via the Emergency Housing Voucher program. This program provides rental subsidies and supportive services to individuals that have experienced homelessness.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

The City's strategy is to help a household at risk of becoming homeless to stay in their home. CDBG funding is allocated to provide financial assistance and case management to prevent homelessness. The City will also continue to support the regional homeless planning efforts, including the OC-CoC's Discharge Plan, which will help prevent individuals leaving institutions, hospitals, etc., from becoming homeless.

CDBG funding is allocated to Family Assistance Ministries to provide housing and utility assistance to help near-homeless households maintain stable housing.

Discussion
The City's homeless strategy is to prevent homelessness and support local service providers' efforts to seek additional resources. The City's CDBG funds are allocated for safety net services to help households at risk of homelessness redirect limited income toward housing. As necessary, financial assistance and case management may be provided. CDBG funds will also be available to support local nonprofits' emergency and transitional housing services.
183
30 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23 AP-75 Barriers to affordable housing – 91.220(j)
Introduction
Barriers to affordable housing and actions to overcome barriers are listed in the City's Housing Element and discussed in the Consolidated Plan.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
Affordable Housing Funds: The City will encourage developers to include affordable housing units within developments and seek other private and public funding sources to reduce these units' development costs.

To the extent that resources are available, Inclusionary Housing In-lieu Funds may assist nonprofit agencies in purchasing land or existing housing units to provide long-term affordable housing.

Environmental Review: The City's Housing Element details the impact of environmental review compliance.

The Housing Element also identifies the exemptions that state and federal laws provide to streamline the environmental review process. City staff plays a vital role by assisting property owners, and developers in navigating the various environmental review regulations.

Planning and Development Fees: According to the City's Housing Element, housing construction imposes certain short- and long-term costs upon local government, such as the cost of providing planning services and inspections. Fees assessed by the City are typical for Orange County communities.

Permit and Processing Procedures: The processing time required to obtain approval of development entitlements and building permits is sometimes cited as contributing to construction costs. The City's development approval process is designed to accommodate, not hinder, development and not unduly constrain housing. The City's Housing Element outlines the time and cost savings development processes, including one-stop permitting, pre-permit application meetings, and concurrent permit application processing. For an affordable housing project, City staff interacts with project sponsors early in the process to determine project feasibility.

Land Use Controls: Generally, land use controls are considered necessary to protect public health, safety, and welfare and maintain the quality of life. Such controls are not considered a significant constraint on the development of housing. The City has implemented reasonable controls appropriate for the community and detailed these controls in the City's Housing Element.

Discussion
The City's Housing Element identifies several barriers to developing affordable housing opportunities. The Housing Element identified several actions the City can take to reduce these impacts. No projects are currently planned or under construction that are using these incentives. 184
31 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23 AP-85 Other Actions – 91.220(k)
Introduction
Outlined below are the actions the City will implement to address the sub-strategies of the Consolidated Plan.

Actions planned to address obstacles to meeting underserved needs The City will allocate a portion of CDBG funds for activities that address the service needs of lower-income and special-needs households. Additionally, the City will encourage and support OCHA's efforts to obtain additional rental assistance funding for these households. CDBG resources will be available to help with housing rehabilitation. This program is available to assist homeowners in improving their residences and address specific household needs.

Actions planned to foster and maintain affordable housing San Clemente has identified actions it will implement during FY 2023-2024 to foster and maintain affordable housing. The Consolidated Plan identifies programs such as Housing Rehabilitation assistance as the means to maintain and improve housing currently available to low- and moderate-income residents. By providing deferred payment loans or grants, homeowners can rehabilitate their properties to meet basic housing quality standards and incur zero or minimal additional housing costs. FY 2023-2024 CDBG funding and program income received during the year will be available to assist with housing rehabilitation.

Actions planned to reduce lead-based paint hazards
The City will ensure federal lead-based paint regulations compliance. All housing units constructed before 1978 that are rehabbed with CDBG funds must be tested for lead-paint hazards. If lead is found, additional assistance may be provided to eliminate lead hazards in compliance with current regulations.

Actions planned to reduce the number of poverty-level families Approximately 5.3% of the City's population live below the poverty level, including 2.7% of children under 18 and 4.6% of seniors (age 65 and older). During FY 2023-2024, the City will fund the following activities to help reduce the number of poverty-level households:
x Support public services that provide a social safety net for lower-income households, especially for the near-homeless
x Support OCHA's administration of the federal rental assistance program for very low-income renters
x Subject to the availability of funds, provide housing rehabilitation assistance for lower-income and special-needs homeowners
x Commercial property upgrades to improve neighborhood aesthetics and expand economic opportunities for lower-income residents.
185
32 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23 Actions planned to develop institutional structure
The City has made an effort to establish an institutional structure to help identify and access resources to improve the community. The City will continue to work with nonprofit and public entities to deliver public services. As a supporter of the Orange County Continuum of Care, the City will provide critical information to the County of Orange to prepare the County's Continuum of Care Homeless Assistance grant application to HUD. The City will also continue to assist OCHA in implementing its Five-year Public Housing Authority (PHA) Plan to provide rental assistance vouchers and certificates.

Actions planned to enhance coordination between public and private housing and social service agencies
The City of San Clemente does not operate public housing - OCHA provides rental assistance in the community. Federal legislation requires that OCHA prepare five-year and one-year plans highlighting its mission, goals, and objectives related to public and assisted housing programs. The City will review OCHA's plans and provide OCHA the opportunity to review and consult with the City regarding its Consolidated Plan/Annual Action Plan. This cross-consultation aims to provide consistent and coordinated housing services for City residents.

San Clemente has also developed positive relationships with private and nonprofit housing developers.

Additionally, ongoing relationships with local nonprofit social service providers help promote the efficient and effective use of limited private and public resources to address the community's service needs.

Broadband: According to BroadbandNow.com, Cox Communications is the top broadband service provider in San Clemente, covering 99.6% of the City. AT&T Internet and EarthLink are also available via fiber optic cable to 77.7% and 50.6% of San Clemente properties, respectively. Several additional providers offer satellite or 5-G-based broadband service.

Most broadband service providers in Orange County participate in the Affordable Connectivity Program (ACP). The ACP was created with the passage of the Infrastructure and Jobs Act of 2021. The purpose of the ACP is to provide eligible households with a $30 discount on monthly broadband internet service. ACP eligibility is based on household income (200 percent of federal poverty or less) or participation in specific government assistance programs, such as SSI, Medicaid, or WIC. Funding may also be available to provide "discounts" for connective devices such as a laptop, a desktop computer, or a tablet. Information about the ACP is readily available online; however, many of the City's nonprofit service providers will inform clients of this program and assist clients in applying for discounts. Additionally, the City will continue encouraging developers and property owners to incorporate broadband infrastructure into all new or substantially rehabilitated housing projects, especially affordable housing projects.

Resiliency: The Disaster Mitigation Act of 2000 requires the State of California and local governments to prepare mitigation plans to document their hazard mitigation planning process and to identify hazards, potential losses, mitigation needs, goals, and strategies. Each state and local government must have a federally approved mitigation plan to qualify for hazard mitigation grant funding. 186
33 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23 The City of San Clemente Natural Hazards Mitigation Plan aims to promote sound public policy to protect citizens, critical facilities, infrastructure, private property, and the environment from natural hazards. The mitigation plan seeks to increase public awareness, document the resources for risk reduction and loss prevention, and identify activities to guide the City toward building a safer, more sustainable community.

The mitigation plan lists activities to help reduce risk and prevent loss from future natural hazards such as earthquakes, landslides, flooding, tsunamis, wildfires, and nuclear, and the impacts of climate change.

Discussion
HUD-funded grant recipients are required to not discriminate in housing or services directly or indirectly based on race, color, religion, sex, national origin, age, familial status, or disability. Grant recipients such as San Clemente are required to: (1) examine and attempt to alleviate housing discrimination within their jurisdiction; (2) promote fair housing choices for all persons; (3) provide opportunities for all persons to reside in any given housing development, regardless of race, color, religion, sex, disability, familial status, national origin, and other personal or familial attributes; (4) promote housing that is accessible to and usable by persons with disabilities; (5) and comply with the non-discrimination requirements of the Fair Housing Act. HUD encourages jurisdictions to consult with one another and initiate region-wide area fair housing planning. The Analysis of Impediments (AI) to Fair Housing Choice is the primary document for this purpose. In addition to identifying impediments, a strategy to overcome barriers must be developed and implemented - accomplishments are reported annually. The City participated in developing a countywide AI, which the City Council adopted in May 2020. A summary of impediments to fair housing and the action steps the City will take during FY 2023-2024 are found in Attachment 4. 187
34 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/4/23 Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction
Each HUD program covered by the Consolidated Plan regulations must address specific program-specific requirements.

Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed
0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan
0 5. The amount of income from float-funded activities 0 Total Program Income: 0
Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00%
Discussion
The City will meet the overall 70% benefit for low and moderate-income requirements of the CDBG program over one program year – FY 2023-2024.
188
Five-Year and One-Year Summary of Accomplishments
Grantee Name: City of San Clemente
Source of
Funds Year Performance Indicators Expected Number Actual Number Percent Completed 2020 Housing Units 2 1 50.0%2021 Housing Units 3 2 66.7%2022 Housing Units2023 Housing Units2024 Housing Units 20 3 15.0%
2020 Housing Units 0 0 0.0%2021 Housing Units 0 0 0.0%2022 Housing Units2023 Housing Units2024 Housing Units 2 0 0.0%
2020 Housing Units 150 141 94.0%2021 Housing Units 140 132 94.3%2022 Housing Units2023 Housing Units2024 Housing Units 150
(Annual Avg)
137
(2 Yr Avg)

91.3%
(2 Yr Avg)
Source of
Funds Year Performance Indicators Expected Number Actual Number Percent Completed 2020 Individuals 2,845 2,365 83.1%2021 Individuals 2,720 2,616 96.2%2022 Individuals2023 Individuals2024 Individuals 12,500 4,981 39.8%
2020 Projects 0 0 0.0%2021 Projects A 0 0 0.0%2022 Projects2023 Projects2024 Projects 7,000 0 0.0%
Housing Choice Vouchers (Administered by OCHA): Improve or expand the supply of housing affordable to lower-income householdsProvide or improve access to public social services for low- and moderate-income persons and persons with special needs 5-Yr Con Plan Goal
Objective: Public Social Services
Objective: Infrastructure and Facility Improvements
CDBG
5-Yr Con Plan Goal
CDBG
Decent Housing
CDBG
5-Yr Con Plan Goal
Housing Rehabilitation Loans and Grants: Improve or expand the supply of housing affordable to lower-income homeowners HUD
Housing
Vouchers
5-Yr Con Plan Goal
Housing Rehabilitation Loans and Grants: Improve or expand the supply of housing affordable to lower-income renter households CDBG 5-Yr Con Plan Goal
Improve and expand public infrastructure and facilities that benefit lowand moderate-income neighborhoods and residents Objective: Housing Preservation
Suitable Living Environment
2/19/23 Attachment 1 1 of 2
189
Five-Year and One-Year Summary of Accomplishments
Source of
Funds Year Performance Indicators Expected Number Actual Number Percent Completed 2020 Businesses B 0 40 NA2021 Businesses 5 1 20.0%2022 Businesses2023 Businesses2024 Businesses 10 1 10.0%
Source of
Funds Year Performance Indicators Expected Number Actual Number Percent Completed 2020 Individuals 290 453 156.2%2021 Individuals 519 880 169.6%2022 Individuals2023 Individuals2024 Individuals 2,450 1,333 54.4%
Source of
Funds Year Performance Indicators Expected Number Actual Number Percent Completed 2020 Year of Admin 1 1 100.0%2021 Year of Admin 1 1 100.0%2022 Year of Admin2023 Year of Admin2024 Year of Admin 5 2 40.0%
2020 Households 60 30 50.0%2021 Households 50 71 142.0%2022 Households2023 Households2024 Households 300 101 33.7%
CDBG
A. Consolidated Plan goals are established by the number of "Projects" to be undertaken/completed; however, year-end reporting requires accompishments reported by the number of persons benefitting from the project. No new project or accomplishments reported - Cabrillo Sidewalk Improvements was initially funded in FY 19-20.

CDBG
5-Yr Con Plan Goal
CDBG
5-Yr Con Plan Goal
Provide for administration and planning activities to carry out actions that address needs in the Consolidated Plan, including fair housing services to address local impediments to fair housingProvide for administration and planning activities to carry out actions that address needs in the Consolidated Plan, including fair housing services to address local impediments to fair housing Objective: Economic Opportunities
Economic Opportunity
5-Yr Con Plan Goal
Other
Objective: Administration and Planning
On December 17, 2020, added small business assistance grant for businesses impacted by the Coronavirus (CDBG-CV funding) Provide a continuum of supportive and housing services for the homeless and households at risk of homelessness 5-Yr Con Plan Goal
Continuum of Care
Objective: Homeless Continuum of Care

CDBG-CV
B. CDBG-CV funds were used to assist businesses in FY 20-21. 2/19/23 Attachment 1 2 of 2
190
Attachment 2 1 of 2 191

SUMMARY OF PUBLIC COMMENTS

SOCIAL SERVICES BUDGET COMMITTEE MEETING
No public comments were received
30-DAY COMMENT PERIOD
TBD

CITY COUNCIL PUBLIC HEARING
TBD
Attachment 2 2 of 2 192
CDBG-ELIGIBLE CENSUS TRACTS BLOCK GROUPS 2022
CITY
CENSUS
TRACT
BLOCK
GROUP

LOW/MOD

RESIDENTS

LOW/MOD

UNIVERS

PERCENT

LOW/MOD
San Clemente 042108 2 505 645 78.29%
San Clemente 042108 5 905 1,165 77.68%
San Clemente 042107 2 1,970 2,570 76.65%
San Clemente 042107 1 1,120 1,560 71.79%
San Clemente 042109 1 1,240 1,905 65.09%
San Clemente 042111 2 720 1,130 63.72%
San Clemente 042103 4 1,005 1,610 62.42%
San Clemente 042108 4 945 1,520 62.17%
San Clemente 042113 3 655 1,085 60.37%
San Clemente 042108 3 615 1,120 54.91%
San Clemente 042109 3 450 835 53.89%
Attachment 3 1 of 1 193

ORANGE COUNTY ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE August 6, 2020

REGIONAL PROPOSED AI GOALS AND STRATEGIES
To address the contributing factors described above, the AI plan proposes the following goals and actions:

Regional Goals and Strategies"
Goal 1: Increase the supply of affordable housing in high opportunity areas.1 Strategies:

1. Explore the creation of a new countywide source of affordable housing.

2. Using best practices from other jurisdictions, explore policies and programs that increase the supply of affordable housing, such as linkage fees, housing bonds, inclusionary housing, public land set-aside, community land trusts, transit-oriented development, and expedited permitting and review.

3. Explore providing low-interest loans to single-family homeowners and grants to homeowners with household incomes of up to 80% of the Area Median Income to develop accessory dwelling units with affordability restrictions on their property.

4. Review existing zoning policies and explore zoning changes to facilitate the development of affordable housing.

5. Align zoning codes to conform to recent California affordable housing legislation.

Goal 2: Prevent displacement of low- and moderate-income residents with protected characteristics, including Hispanic residents, Vietnamese residents, other seniors, and people with disabilities.

Strategies:

1. Explore piloting a Right to Counsel Program to ensure legal representation for tenants in landlord-tenant proceedings, including those involving the application of new laws like A.B. 1482.

Goal 3: Increase community integration for persons with disabilities.

Strategies:

1. Conduct targeted outreach and provide tenant application assistance and support to persons with disabilities, including individuals transitioning from institutional settings and individuals who are at risk of institutionalization. As part of that assistance, maintain a database of housing that is accessible to persons with disabilities.

2. Consider adopting the accessibility standards adopted by the City of Los Angeles, which require at least 15 percent of all new units in city-supported Low-Income Housing Tax Credit (LIHTC) projects to be ADA-

1 The term “high opportunity areas” generally means locations where there are economic and social factors and amenities that provide a positive impact on a person’s life outcome. This is described in more detail in Section iii, Disparities in Access to Opportunity.

Attachment 4 1 of 3 194
accessible with at least 4 percent of total units to be accessible for persons with hearing and/or vision disabilities.

Goal 4: Ensure equal access to housing for persons with protected characteristics, who are disproportionately likely to be lower-income and to experience homelessness.

Strategies:

1. Reduce barriers to accessing rental housing by exploring eliminating application fees for voucher holders and encouraging landlords to follow HUD's guidance on the use of criminal backgrounds in screening tenants.

2. Consider incorporating a fair housing equity analysis into the review of significant rezoning proposals and specific plans.

Goal 5: Expand access to opportunities for protected classes.

Strategies:

1. Explore the voluntary adoption of Small Area Fair Market Rents or exception payment standards in order to increase access to higher opportunity areas for Housing Choice Voucher holders.

2. Continue implementing a mobility counseling program that informs Housing Choice Voucher holders about their residential options in higher opportunity areas and provides holistic support to voucher holders seeking to move to higher opportunity areas.

3. Study and make recommendations to improve and expand Orange County's public transportation to ensure that members of protected classes can access jobs in employment centers in Anaheim, Santa Ana, and Irvine.

4. Increase support for fair housing enforcement, education, and outreach.

CITY OF SAN CLEMENTE PROPOSED AI GOALS AND STRATEGIES
1) In collaboration with the Orange County Housing Authority (OCHA):
a) a. Attend quarterly OCHA Housing Advisory Committee to enhance the exchange of information regarding the availability, procedures, and policies related to the Housing Assistance Voucher program and regional housing issues.
b) b. Support OCHA's affirmative fair marketing plan and de-concentration policies by providing certifications for five-year and annual PHA plan.
c) c. In coordination with OCHA and fair housing services provider, conduct landlord education campaign to educate property owners about State law prohibiting discrimination based on household income.
2) Through the City's fair housing contractor:
a) Provide fair housing education and information to apartment managers and homeowner associations on why denial of reasonable modifications/accommodations is unlawful.

Attachment 4 2 of 3 195
b) Conduct multi-faceted fair housing outreach to tenants, landlords, property owners, realtors, and property management companies. Outreach methods may include workshops, informational booths, presentations to community groups, and multi-lingual fair housing literature distribution. c) Provide general fair housing counseling and referrals services to address tenant-landlord issues, and investigate allegations of fair housing discrimination and take appropriate actions to conciliate cases or refer to appropriate authorities.
d) Periodically monitor local newspapers and online media outlets to identify potentially discriminatory housing advertisements.
e) Include testing/audits within the scope of work with a fair housing provider. 3) Support local eviction prevention strategies to reduce the number of homeless individuals and families (homelessness prevention services).
4) Prepare a new Housing Element compliant with all current State laws and certified by the California Department of Housing and Community Development.
5) Update zoning ordinance to comply with current State law. 6) Offer various housing opportunities to enhance mobility among residents of all races and ethnicities by facilitating affordable housing throughout the community through 1) flexible development standards, 2) density bonuses, and 3) other zoning tools.
7) Review the type and effectiveness of current affordable housing development incentives and amend/augment as necessary to increase the production of affordable housing units.

Attachment 4 3 of 3 196

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 4/4/2023 Agenda Item: B.

Department: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks & Recreation Director; Rod Mellott, Marine Safety Captain
Subject:

REGISTRATION FEES AND POLICIES FOR THE SAN CLEMENTE JUNIOR LIFEGUARD

PROGRAM
Fiscal Impact:

An increase in revenue of up to $30,060 annually for the Junior Lifeguard program.

Summary:

Staff recommends that the Council adopt Resolution No.23-12, increasing the program fees for participation in the Junior Lifeguard Program. The purpose of this resolution is to authorize a fee increase for the junior lifeguard program and implement changes to the registration process.

Background:

The City Council has approved revised fees for the Beaches, Parks and Recreation Department, including fees for programs, facilities, and parks. Staff periodically reviews the fees and compares them to the costs of the programs and facilities, as well as what other agencies are charging for similar amenities and programs. The goal of increasing the fees is to offset some of the costs while remaining competitive within each market.

Discussion:

Historically, the San Clemente Junior Lifeguard program has reached maximum capacity in enrollment and has been 100% self-supporting, serving up to 840 individuals annually. Fees for the program are the lowest in the County and have not increased since 2016. However, costs to operate the program have increased related to supplies and personnel and exceed the proposed registration fees. The proposed fee increase from $235 to $270 for residents, and from $260 to $300 for nonresidents is intended to partially offset rising costs of materials and personnel. As shown on the fee survey, even after the increase, San Clemente’s program would remain one of the lowest-cost programs in the County.

The Marine Safety Division is committed to making the Junior Lifeguard program accessible to as many youths as possible. A scholarship program is available for San Clemente residents who would otherwise not be able to afford to participate in the Junior Lifeguard program. These scholarships have been made available through generous donations each year by the San Clemente Lifeguard and Junior Lifeguard Foundation and the Ocean Festival, both are local non-profit organizations.

Anyone interested in applying for a scholarship must complete a scholarship application.

Coinciding with the change in fees, staff recommends modifying the registration process to ensure residents of San Clemente receive priority registration over non-residents. The program has a limited CITY OF SAN CLEMENTE Page 1 of 2 Printed on 3/30/2023
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residents of San Clemente receive priority registration over non-residents. The program has a limited capacity and often sells out within seconds of registration opening due to its popularity and reputation as a longstanding community tradition. To produce a more positive registration experience and based on recent community feedback, staff recommends allowing residents to register one day in advance of non-residents. This advanced registration time aligns with the current practices at the Municipal Golf Course for resident card holders.

City Council Options and Recommended Actions:
· Adopt Resolution 23-12 adjusting the fee for participation in the Junior Lifeguard Program and rescinding Resolution No. 16-24.
· Modify and adopt Resolution 23-12 adjusting the fee for participation in the Junior Lifeguard Program and rescinding Resolution No. 16-24.
· Continue the Item with direction to staff to provide additional information. · Deny Resolution 23-12 adjusting the fee for participation in the Junior Lifeguard Program and rescinding Resolution No. 16-24.

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council adopt Resolution No. 23-12 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADJUSTING THE FEE FOR PARTICIPATION IN THE JUNIOR LIFEGUARD PROGRAM AND RESCINDING RESOLUTION NO. 16-24.

Attachment:

1. Junior Lifeguard Agency Comparison Chart

2. Resolution No. 23-12 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE, CALIFORNIA, ADJUSTING THE FEE FOR PARTICIPATION IN THE JUNIOR LIFEGUARD PROGRAM AND RESCINDING RESOLUTION NO. 16-24
Notification:

Junior Lifeguard Participants (2022)
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 3/30/2023
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Attachment 1
Agency 2022 Resident Fee 2023 Resident Fee Fee Increase Newport Beach City $856 $856 $0
OC Junior Guards $225 $250 $25
Laguna Beach City $310 $340 $30
Seal Beach $575 $575 $0
San Clemente State $325 $325 $0
Huntington Beach City $525 $556 $31
City of San Clemente $235 $270 (Proposed) $35
JG Program 2022 & 2023 Agency Fee Comparison
199
Attachment 2
RESOLUTION NO. 23-12

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ADJUSTING THE FEE FOR

PARTICIPATION IN THE JUNIOR LIFEGUARD PROGRAM
AND RESCINDING RESOLUTION NO. 16-24.

WHEREAS, the City of San Clemente Marine Safety Division offers the Junior Lifeguard Program to teach youth the safe ways to enjoy the beach; and WHEREAS, various provisions of the State and local law authorize the City of San Clemente to levy fees and charges for recreation programs and services provided by the City; and
WHEREAS, the City Council has determined that fees charged for the City Junior Lifeguard Program should be modified to keep pace with increases in operating costs; and WHEREAS, the proposed fees do not exceed the reasonable cost of the services provided.

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

Section 1. The fee structure for the City Junior Lifeguard programs is hereby revised as set forth in Exhibit “A” attached hereto and incorporated herein by this reference, and such revised fee structure is fairly and reasonably related to the cost of the program and the benefits that program participants receive from the program.

Section 2. Residents of San Clemente will receive advanced priority registration for the City Junior Lifeguard program a minimum of one day ahead of all non-residents.

Residency is determined by the requirements of the Beaches, Parks and Recreation Department and is required to align with the minimum requirements of the Recreation Division.

Section 3. City Council Resolution No. 16-24 is hereby rescinded in its entirety.

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
200
Resolution No. Page 2

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. _________ was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
City Attorney
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Resolution No. Page 3
Exhibit “A”
City of San Clemente
Marine Safety Division
Junior Lifeguard Fee Schedule
Current Fee Proposed Fee
San Clemente Residents $235 $270
Non-Residents $260 $300
202

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 4/4/2023 Agenda Item: A.

Department: Finance and Administrative Services
Prepared By: Hanne Thordahl, Human Resources Manager
Jake Rahn, Financial Services Officer
Subject:

PRESENTATION OF THE PART-TIME CLASSIFICATION AND COMPENSATION STUDY

FINDINGS AND RECOMMENDATIONS
Summary:

The City of San Clemente contracted with MGT consulting to conduct a Classification and Compensation Study of its hourly part-time job classifications. The objective of the study was to review the current job classifications and provide compensation data to compare the City’s compensation relative to the competitive market for hourly part-time employees. The consultant completed the study and provided its full report and findings to the City project management staff.

The report provides the information necessary to discuss and analyze the City’s part-time job classifications in order to maintain competitive compensation rates that support the City Council’s priority for recruitment and retention of the best and most qualified employees.

Discussion:

MGT Consulting conducted a classification and compensation study of hourly part-time classifications to evaluate the current classifications and compare compensation with other agencies in order to provide data to make decisions related to hourly part-time staff and their pay. The consultant met with Human Resources staff, supervisors, and managers to review the accuracy of current classification duties and titles and to address concerns related to recruitment and retention for certain job classifications.

The consultant along with City staff input, developed a list of ten agencies to use for external wage comparisons for pay and benefits related to compensation. One of the primary factors in selecting comparable agencies is distance from the City; 84% of the 180 current hourly part-time employees reside within San Clemente. The agencies surveyed included the Cities of Carlsbad, Dana Point, Fountain Valley, Irvine, Laguna Beach, Mission Viejo, Newport Beach, and Oceanside, and the State of California. Salary data was collected in January and February of this year and is based on up to date information available at that time.

The study recommends the elimination of three classifications that the City is no longer using, salary range changes for positions that were below the mid-range of the median, and classifications changes for internal equity between positions. When enough market data was not available, the consultant does not make a recommendation but advised range adjustments be made if the City experiences recruitment and retention issues for those classifications. Aquatics classification salary ranges were changed prior to the study’s completion and based on their current pay and market comparison, no additional modifications are proposed at this time.

Additionally, the study proposes a potential expansion of the Park Ranger and Ocean Lifeguard CITY OF SAN CLEMENTE Page 1 of 3 Printed on 3/30/2023
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Additionally, the study proposes a potential expansion of the Park Ranger and Ocean Lifeguard classifications to a job series Level I/II. These classifications are currently exempt from CalPERS membership by contract; thereby the part-time hourly limit can be exceeded. Staff has requested clarification from the CalPERS contracts unit, which is the unit charged with overseeing contract exclusions, on whether or not an expansion to the classification would fall within the exclusion language present in the contract. The response from CalPERS is pending and is necessary to determine what, if any financial or operational impacts classification changes may have. Therefore, only salary range adjustments for the current classifications are included to ensure the City’s exclusions are not jeopardized. Staff can return to the Council later with additional information and possible changes related to these classifications.

Implementation of the study recommendations is at the discretion of the City Council and can be done now or at a future date such as with the annual budget or in conjunction with implementation of the full-time classification and compensation study. Due to the concern and urgency for hiring summer staffing and retaining hourly part-time employees in general, pay range adjustments are timely. City staff concurs with the report findings and recommends that the pay range adjustments proposed in the attached resolution be approved and implemented as the City staffs up for the summer. Additional changes to pay or changes to classifications based on the study findings can be brought back to City Council at a later date.

City Council Options:
· Adoption of Resolution 23-13 approving the specified pay grade changes for hourly part-time classifications and approving the revised hourly part-time salary schedule. · Continue the Item with direction to staff to provide additional information. · Receive the information and take no action.

Fiscal Impact:

There are sufficient funds available from salary savings to implement recommended pay grade adjustments in the current fiscal year and the resulting increase in the annual cost of $150,000 for hourly part-time salaries can be included in the annual budget process.

Recommended Actions:

Staff Recommendation
Adopt Resolution No. 23-13 approving specified pay grade changes for hourly part-time classifications and the revised hourly part-time salary schedule and authorize staff to implement the changes effective April 17, 2023.

Attachment:

1. MGT Consulting: City of San Clemente Compensation and Classification Part-Time Employees Executive Summary Report

2. Resolution No. 22-13, entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ADOPTING SPECIFIED PAY GRADE CHANGES FOR HOURLY PART-TIME CLASSIFICATIONS AND ADOPTION OF REVISED HOURLY PARTTIME SALARY SCHEDULE AND AMENDING RESOLUTION NO. 22-41 AND ANY OTHER CITY OF SAN CLEMENTE Page 2 of 3 Printed on 3/30/2023
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RESOLUTIONS IN CONFLICT THEREWITH

3. Salary Schedule - Hourly Part-Time Positions effective April 17, 2023 Notification:

None.

CITY OF SAN CLEMENTE Page 3 of 3 Printed on 3/30/2023
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 53
City of San Clemente
Compensation and Classification
Part-Time Employees
April 4, 2023
ATTACHMENT 1
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Report on Classification & Compensation Review of 18 Part-Time Job Classes for the City of San Clemente
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Table of Contents
Introduction and Background...................................................................................................................1 Approach and Methodology ....................................................................................................................1 Project Initiation .....................................................................................................................................2 Information Reviewed and Research Conducted ......................................................................................3 Supervisor Interviews of Job Class Descriptions......................................................................................3 Organization of the Report Sections.........................................................................................................3 Wage Comparison Survey .......................................................................................................................4 Conclusion .....................................................................................................................................5 Appendix A: List of All Job Part-Time Classes to be Reviewed .........................................................6 Appendix B: Hourly Part-Time Salary Schedule Effective 11/28/22...................................................8 Appendix C: Summary of Recommendations................................................................................... 12 Appendix D: Salary Schedule Analysis and Summary of Range Changes......................................... 15 Appendix E: Benefits Research Analysis and Benefits Summary Table ........................................... 18 207
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Introduction and Background
The City of San Clemente(CSC) contracted with MGT Consulting Group (MGT) in October 2022 to conduct a Classification and Compensation Study of its part-time job classes. The overall objective of the study was to strengthen CSC’s compensation system to ensure that the system is accurate, equitable, and market competitive so the City may continue to attract and retain highly qualified employees. The recommendations provided in this report will assist CSC with maintaining a competitive compensation system that will support the City in its goal to compensate its part-time employees fairly and at market competitive rates to recruit and retain the best possible talent.

To accomplish CSC’s project goals, MGT’s study included:
• A review of CSC)’s current salary schedules, related policies, benefits, and job descriptions.  A review of the data gathered through MGT’s Management Issues survey from supervisors to identify concerns about job titles, pay, position levels, accuracy of job descriptions, recruitment, retainment, and career pathways.
 A review of the data gathered through MGT’s interviews with supervisors to confirm each job’s essential duties and responsibilities, minimum education and experience requirements, internal and external relationships, physical requirements, and working conditions.  An evaluation of each job to ensure accurate and industry-standard classifications and titles, FLSA compliance, and appropriate market benchmarking.
 A review and comparison of salary and benefits data from comparable organizations (as approved by CSC).
 The development of an updated classification and compensation system based upon relevant market comparisons, and recommended assignment of positions to appropriate placement within the system.

We appreciate the cooperation of CSC)’s Project Officers and all employees and supervisors who assisted in the development of job information for this study.

Approach and Methodology
MGT prepared the below methodological approach to address the specific issues, concerns, and objectives of the City of San Clemente. Although generally accepted procedures, methodologies, and formats were used to conduct the study and prepare deliverables, the content of all final products was specifically tailored to the circumstances and requirements of CSC. The approach used for this engagement consisted of the following primary project activities:
➢ TASK 1: Conduct Initial Meeting and Finalize Project Work Plan The objective of this task was to review the technical approach and strategies to be employed, to establish a mutually agreed upon project work plan, schedule, and team responsibilities, and to begin internal data collection.
➢ TASK 2: Develop and Implement a Communications Strategy; Hold Orientation Session(s) The objective of this task was to understand each team member’s roles and responsibilities and to define the project teams’ communication lines and schedules. Additionally, the MGT project team developed communication materials and conducted orientation presentations as required. 208
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➢ TASK 3: Review Existing Classification and Compensation System The objective of this task was to work with the CSC Project Officer to review existing compensation documentation. MGT also analyzed job descriptions, existing career ladders, and policies, and noted potential issues to be resolved.
➢ TASK 4: Gather and Evaluate Current Organizational and Employee Job Data The objective of this task was to gather and evaluate employee job data by offering the opportunity to identify compensation and classification concerns relating to their own areas of responsibility, and to collect job data for analysis. This task included the review of collected data to prepare for benchmarking and developing recommendations.
➢ TASK 5: Identify Relevant Recruitment Market(s)
The objective of this task was to identify market data sources and to verify the appropriate recruitment markets and competitor/comparable organizations for benchmarking and comparisons. ➢ TASK 6: Conduct Market Salary and Benefits Survey and Benchmark Positions The objective of this task was to benchmark positions from the selected market data sources. The MGT team also conducted a thorough search of market data sources for assessing pay and benefits relative to compensation.
➢ TASK 7: Revise and Prepare Job Descriptions, As Needed The purpose of this task was to review job description information and job data collected through supervisor interviews to review and ensure positions are accurately classified and to update job descriptions as needed.
➢ TASK 8: Develop Compensation and Classification System; Present Report The objective of this task was to provide CSC with a competitive classification and compensation system for its part-time employees and provide guidance relative to policies and procedures for the maintenance and administration of the updated system. MGT provided CSC with a study report, detailing methodology, market sources, recommendations, and best practices for ongoing maintenance and administration.

TASK 9: Develop Implementation Strategies
The objective of this task was to provide guidance and cost projections relative to the pay system recommendations and compensation policy for implementation and with phase-in options. ➢ TASK 10: Provide Ongoing Assistance
The objective of this task is to provide consultation on the implementation and maintenance of the proposed system for 12 months following the completion of the study.

The remaining sections of this chapter provide an overview of MGT’s key project activities.

Project Initiation
Upon agreement to proceed, MGT’s Project Team held a kick-off call on October 26, 2022, with the CSC Project Team to discuss the study’s objectives, timeline, and strengths and weaknesses of the current system. Discussions also focused on CSC’s needs regarding the systems to be developed. The discussions resulted in a view of the City’s priorities for classification review, salary administration, and long-range planning.
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During the kick-off meeting, MGT shared a Data Request Checklist with CSC and requested that CSC provide a database of employee names, position titles, class dates, current salaries, and other pertinent information for analysis. This information served as a directory of the positions to be analyzed. CSC also provided MGT with copies of job descriptions, and other related policies and data.

MGT provided CSC with communications materials, including a Study Announcement template and Study FAQs document, to inform employees about the study. MGT maintained frequent contact with the CSC Project Officer throughout the course of the study to ensure that the components of the classification and compensation system met the City’s needs and goals for compensation.

Information Reviewed and Research Conducted
A number of data and information sources served as the basis for the analysis, findings, and suggested recommendations contained in this report, including the following:
➢ Regular and detailed discussions and project updates with the Project Officers ➢ Supervisors’ input on draft job description revisions ➢ Job descriptions
➢ Salary schedules
➢ City of San Clemente policies
➢ External agency pay rates for comparable jobs among the ten market agencies ➢ Internal salary alignment amongst jobs within job families Supervisor Interviews of Job Class Descriptions
As a result of this classification review, three of the original eighteen job classes were determined to be obsolete, i.e., the City no longer has any positions or employees allocated to these classes and does not intend to fill them in the future. Two of the job classes reviewed (Ocean Lifeguard and Park Ranger) were found to be better described as Ocean Lifeguard I & II and Park Ranger I & II, to allow those classifications a dual-level series. These suggested changes will result in eighteen job classes becoming fifteen job classes
Organization of the Report Sections
The report presents classification and salary data into a combined narrative that organizes the job classes within their respective job family groupings as sequenced in Appendix A.

Each job family section begins with an introductory, descriptive paragraph about the job family followed by a list of the job class titles detailed in the report as well as a table displaying all of the job classes in the family (even those titles not being covered in the report). The salary range of each job class is displayed along with the Step 1 and the Step 5 hourly rates to provide a sense of the internal relationships of the classes in the family.

Within each job family, each job class being studied has a short introductory paragraph delineating major features of the job; the descriptive paragraph(s) is followed by a table presenting the wage data from the market survey of that job and a plotted 2-line graph of the data (City of San Clemente and Market 210
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Median). The table and graph are followed by a discussion of findings and recommendations that include a pointer to the specific Appendix at which the revised/new job description is located the proposed revised or new job class discussed in the recommendations.

Wage Comparison Survey
Through the Study, the Project Team provided recommendations and requested advice on updating which agencies to consider for making external comparisons. All recommendations were considered before making a final decision regarding the comparison agencies that would make up the external “wage market.” The Project Team decided on the ten other agencies listed below (in alphabetical order) which MGT then used for external wage comparisons:

Comparison Entity Steps per Part-Time Salary Range
City of Carlsbad 2 – Min-Max Only
City of Dana Point 2 – Min-Max Only
City of Fountain Valley 5
City of Irvine 2 – Min-Max Only
City of Laguna Beach 8
City of Laguna Niguel 2 – Min-Max Only
City of Mission Viejo 2 – Min-Max Only
City of Newport Beach 7
City of Oceanside 7
State of California 2 – Min-Max Only
The most recent salary schedules available for each of the comparison districts were used. The City of San Clemente schedule, adopted November 15, 2022, is at Appendix B.

In making assessments for comparison purposes, there is the question of what is the “right” comparison point: the average, the median, or a particular decile. Targeting the market median value will result in half of the comparisons being at or below City of San Clemente’s rate and the other half being above. By contrast, using the average carries the chance of comparisons becoming skewed by the influence of one or two very high or very low comparison agencies. EH&A finds the median a more useful comparison value and has used that measure of central tendency, in addition to the California minimum wage of $15.50 per hour, effective January 1, 2023, to develop salary range placement suggestions for the job classes reviewed in this study. We further understand that past practice at the City of San Clemente has been to target the market median.

The primary three comparison data points used in this review are Step 1 and the Max Step of each agency’s pay range (without “longevity”), and a calculated “Mid-Range,” a value representing the rate that averages the Step 1 rate and the Max Step rate. (i.e., sum of Step 1 rate plus Max Step rate divided by 2). Note that comparison agencies have a varied number of steps on the pay range, and the Max Step is the highest step before longevities apply, if applicable. 211
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Conclusion
This abbreviated report serves as an opportunity for the City of San Clemente to discuss and analyze its next best steps regarding its part-time job classifications. A full report including sections, narratives, salary survey tables, survey graphs, and revised job descriptions for each of the Hourly Part-Time jobs is available upon request.

MGT understands that there may be some constraints which impact the implementation of some of the recommendations. Realities such as City Council policies, organizational culture, financial projections, and collective bargaining are some examples.

MGT thanks the Project Officer and administrators for their time and attention to this study. 212
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Appendix A: List of All Job Part-Time Classes to be
Reviewed
This is the list of all part-time job classes to be reviewed during the study.
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Part-time Job Classes relating to Aquatics Services
Pool Lifeguard Trainee
Pool Lifeguard
Water Safety Instructor
Head Pool Lifeguard
Part-time Job Classes relating to Clerical Services
Office Clerk
Office Assistant I
Office Assistant II
Senior Office Assistant
Part-time Job Classes relating to Golf Services
Golf Course Marshal
Part-time Job Classes relating to Internships
Intern
Part-time Job Classes relating to Information Technology Services Cable Television Technician
Part-time Job Classes relating to Marine Safety Services Ocean Lifeguard Trainee
Ocean Lifeguard
Ocean Lifeguard Supervisor
Part-time Job Classes relating to Park Code Compliance
Park Monitor
Park Ranger
Part-time Job Classes relating to Recreation Services
Recreation Leader I & II
Recreation Leader III
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Appendix B: Hourly Part-Time Salary Schedule
Effective 11/28/22
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City of San Clemente
Salary Schedule - Hourly Part-Time Positions

2.5% Between Ranges, 5.0% Between Steps
Adopted 11/15/2022; Effective 11/28/2022
Range
Number Title Step A Step B Step C Step D Step E
14 Intern $15.00 $15.75
Ocean Lifeguard Trainee
Office Clerk
Pool Lifeguard Trainee
Recreation Leader I
15 $15.37 $16.14
16 $15.00 $15.75 $16.54
17 $15.37 $16.14 $16.95
18 Park Monitor $15.00 $15.75 $16.54 $17.37
19 $15.37 $16.14 $16.95 $17.79
20 Golf Course Marshals $15.00 $15.75 $16.54 $17.37 $18.24 Park Ranger
21 Recreation Leader II $15.37 $16.14 $16.95 $17.79 $18.68 22 $15.75 $16.54 $17.37 $18.24 $19.15
23 $16.14 $16.95 $17.79 $18.68 $19.62
24 $16.54 $17.37 $18.24 $19.15 $20.11
25 Pool Lifeguard $16.95 $17.79 $18.68 $19.62 $20.60
26 Recreation Leader III $17.37 $18.24 $19.15 $20.11 $21.11 27 Water Safety Instructor $17.79 $18.68 $19.62 $20.60 $21.63 28 Head Lifeguard $18.24 $19.15 $20.11 $21.11 $22.17
Ocean Lifeguard
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29 Office Assistant I $18.68 $19.62 $20.60 $21.63 $22.71 30 $19.15 $20.11 $21.11 $22.17 $23.28
31 $19.62 $20.60 $21.63 $22.71 $23.84
32 $20.11 $21.11 $22.17 $23.28 $24.44
33 $20.60 $21.63 $22.71 $23.84 $25.04
34 $21.11 $22.17 $23.28 $24.44 $25.66
35 Office Assistant II $21.63 $22.71 $23.84 $25.04 $26.29 36 $22.17 $23.28 $24.44 $25.66 $26.94
37 Senior Office Assistant $22.71 $23.84 $25.04 $26.29 $27.60 38 $23.28 $24.44 $25.66 $26.94 $28.29
39 Cable Television Technician $23.84 $25.04 $26.29 $27.60 $28.98 40 $24.44 $25.66 $26.94 $28.29 $29.71
41 Ocean Lifeguard Supervisor $25.04 $26.29 $27.60 $28.98 $30.43 42 $25.66 $26.94 $28.29 $29.71 $31.19
43 $26.29 $27.60 $28.98 $30.43 $31.95
44 $26.94 $28.29 $29.71 $31.19 $32.75
45 $27.60 $28.98 $30.43 $31.95 $33.55
46 $28.29 $29.71 $31.19 $32.75 $34.39
47 $28.98 $30.43 $31.95 $33.55 $35.23
48 $29.71 $31.19 $32.75 $34.39 $36.11
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49 $30.43 $31.95 $33.55 $35.23 $36.99
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Appendix C: Summary of Recommendations
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Appendix D: Salary Schedule Analysis and Summary
of Range Changes
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SALARY REVISION RESEARCH AND ANALYSIS
The current Hourly Part-Time Salary Schedule, adopted 11/15/2022 and effective 11/28/2022, includes thirty-six (36) Range Numbers, from 14 – 49, and five (5) Steps, from A through E. There is a 2.5% differential between Range Numbers, and 5.0% differential between Steps. Only thirteen (13) of the thirty-six (36) Range Numbers are currently in use.

Currently, the Salary Schedule includes steps which are below the California hourly minimum wage of $15.50, effective 1/1/2023.

The salary surveys conducted for Hourly Part-Time salaries revealed the following:
• Four (4) jobs are more than 5% above the Mid-Range of the Median of its peer’s market, and no change in salary range allocation is suggested.
• Three (3) jobs are within the 5% of the Mid-Range of the Market, and no change in salary range allocation is suggested.
• Seven (7) jobs yielded insufficient market data.
• Three (3) jobs are below the Mid-Range of the Median.

MGT recommends that City of San Clemente (CSC) Hourly Part-Time jobs be at or within 5% above or below the Mid-Range of the Median of the market to recruit and retain employees. At the beginning of the Study, it was noted that CSC particularly had difficulty recruiting and retaining positions in Part-Time Marine Safety Services and in Part-Time Park Code Compliance Services.

Considering four factors, those jobs that are below the Mid-Range of the Median; difficulty recruiting and retaining certain Part-Time jobs; maintaining internal equity; and the increase in California minimum wage on 1/1/23, MGT proposes increasing seven (7) salary ranges. These increases will bring all Hourly Part-Time jobs to within 5% above or below the Mid-Range of the Median of the market; maintain internal equity between job series; and increase the ability of the City to recruit and retain employees.

These increases are displayed in the Appendix D Summary of Range Changes Table.

CSC may want to consider adding Steps to the Ranges whose lowest Steps are not being used either because they are lower than the California minimum wage or because they are not being utilized for entry level employees.

Moreover, for recruitment and retention concerns, CSS may want to contemplate instituting additional benefits for Hourly Part-Time Employees, as detailed in the Benefits Summary Table, included in Exhibit E.
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Appendix D - Summary of Range Changes Table
Job Title
Current
Range
New
Range
# of
Range
Changes
Bring to
Median
Internal
Equity
Recruit
&
Retain
Intern 14 20 6 Y
Ocean Lifeguard Trainee 14 18 4 Y Y
Recreation Leader I 14 20 4 Y
Golf Course Marshal 20 20 0
Park Ranger (Park Ranger I) 20 28 8 Y Y
Recreation Leader II 21 24 3 Y
Pool Lifeguard 25 25 0
Recreation Leader III 26 28 2 Y
Water Safety Instructor 27 27 0
Head Lifeguard 28 28 0
Ocean Lifeguard I 28 30 2 Y Y
Office Assistant I 29 29 0
Park Ranger II (New Class) N/A 34 N/A Y Y
Office Assistant II 35 35 0
Ocean Lifeguard II (New Class) N/A 36 N/A Y Y Y
Senior Office Assistant 37 37 0
Cable Television Technician 39 39 0
Ocean Lifeguard Supervisor 41 42 1 Y Y
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Appendix E: Benefits Research Analysis and
Benefits Summary Table
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BENEFIT RESEARCH AND ANALYSIS
Introduction
Agency websites for nine cities and state (CA) along with two corporations with sites within the City of San Clemente were reviewed to gather, document, and analyze benefits offered to part-time employees and where available, specific gathering of any additional benefits for the jobs in scope for our salary surveys. Part-time employees were, for the most part, defined as working less than 20 hours per week.

Many agencies categorized part-time employees as either benefited or non-benefited. In one particular case, a special type of part-time employee was assigned the definition of Extended Part-Time Employee (EPTE) if they worked at least 30-32 hours/week. One agency had some part-time positions aligned with a bargaining unit and therefore, had different benefits. Our research did not include benefits data identified for jobs that were not a direct or a close match to the jobs in the scope of this project and therefore, these benefits are not included in our summary.

Approach
Benefits data was researched and gathered through publicly available information on the city/state agency’s website through:
• A city/state document listing all benefits offered to employees, or • A city/state job posting listing benefits covered for incumbents in the job in a BENEFITS tab associated with the job posting tab, or
• A city/state HR Benefits section with various links outlining specific benefits for employees, The output of this research and analysis appears in Table X below. Specific notes for certain agencies and/or benefits are indicated in parenthesis and briefly described below table.

A quick review of Table X contents shows that the level of benefits offered to part-time employees varies across the ten agencies and two local sites of large corporations researched. City agencies of Dana Point and Irvine offer the richest benefits plan, mirroring almost all benefits of full-time employees. It is important to note that the city of Irvine has two types of part-time employees. Any employee assigned to a position that consistently requires a minimum of 30 – 32 hours per week is referred to as an extended part-time employee (EPTE) and receives a larger set of benefits as notes by an (*) in the city of Irvine column. In addition, it is possible that not all part-time benefits were listed through publicly available information we gathered. For example. California law requires a minimum of 24 hours of paid sick leave (based on city accrual rate) or after first 90 days of employment yet was not listed on some city agency websites. In these cases, Not Available (N/A) has been indicated.

The most common benefits offered to all part-time employees, regardless of agency, are described in further detail below.

Most Common Benefits
• Paid Sick Leave (PSL)
o In most cases, at least 24 hours of PSL was offered to part-time employees once they have completed 90 days of employment and/or the number of sick hours required has already been accrued.

If not listed, then agency would be in violation of California labor (see next page for further details.) These agency websites did not address paid sick leave in any form and have been noted as “No.”
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o One agency (Carlsbad) offers four 10-hour day shifts provided up to 32 hours of PSL per fiscal year.
o Some agencies permitted carry over of accrued, unused PSL to next year with a maximum amount of PSL to be taken off in a fiscal year to 24 hours. • California Public Employees' Retirement System (CalPERS) - agency that manages pension and health benefits for California public employees.
o While contribution of employee and employer vary, the majority required employees to contribute 3.75% with an employer match of 3.75% for a combined annual contribution of

7.50%.
o Similar to PSL, agencies that did not list this benefit for part-time employees, it is quite likely it was documented on website.

The most unique benefits offered to part-time employees associated with specific agencies appear below.

Most Unique Benefits
• Laguna Beach - Equipment Reimbursement for Lifeguards (up to $210) • Dana Point - Onsite Gym access
• Irvine - Health and Wellness Benefit of $1,000 per fiscal year for employees in addition to medical and dental benefits.
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Appendix E - Benefits Summary Table

CITY/STATE AGENCY

BENEFIT
San ClementeCarlsbadDana PointFountain ValleyIrvine (3)Laguna Beach (4) Laguna ViejoMission ViejoNewportBeachOceansideCalifornia (8) Paid Sick Leave
(PSL)
Yes
(1)
Yes
(2)
No Yes
(3a); (3b)
Yes – (4a) N/A N/A N/A Yes
(5)
N/A
Paid Holidays No N/A N/A N/A Yes - 12 days
per fiscal
year

N/A N/A N/A N/A N/A N/A
Paid Vacation No N/A N/A N/A Yes (3c) Yes – (4b) N/A N/A N/A N/A N/A APPLE (7) No N/A N/A N/A Yes N/A N/A N/A N/A N/A N/A
Equipment
Reimbursement
for Lifeguards
No N/A N/A N/A N/A Yes – $210
per fiscal
year

N/A N/A N/A N/A N/A
Discount Programs Yes- free beach
parking, swim
pass & music
streaming for
some
Yes N/A N/A N/A N/A N/A N/A N/A N/A N/A
EAP No Yes Yes Yes Yes Yes N/A N/A N/A N/A N/A
Wellness Program No Yes Yes N/A Yes (3d) N/A N/A N/A N/A N/A N/A Jury Duty No N/A Yes N/A N/A N/A N/A N/A N/A N/A N/A
Bereavement
Leave
No N/A Yes N/A N/A N/A N/A N/A N/A N/A N/A
Education
Reimbursement
No N/A Yes N/A N/A N/A N/A N/A N/A N/A N/A
Onsite Gym No to City Hall
gym; Yes for
Marine Safety
to onsite gym
within
Headquarters
N/A Yes N/A N/A N/A N/A N/A N/A N/A N/A
Medical Insurance No N/A Yes N/A Yes * N/A N/A N/A N/A N/A N/A Dental Insurance No N/A Yes N/A Yes * N/A N/A N/A N/A N/A N/A Vision Insurance No N/A Yes N/A N/A N/A N/A N/A N/A N/A N/A Accidental Death
& Dismemberment
Insurance (AD&D)
No N/A Yes N/A N/A N/A N/A N/A N/A N/A N/A
Life Insurance No N/A Yes N/A N/A N/A N/A N/A N/A N/A N/A Disability
Insurance
No N/A Yes N/A N/A N/A N/A N/A N/A N/A N/A
Flexible Spending
Account (FSA)
No N/A Yes N/A N/A N/A N/A N/A N/A N/A N/A
Savings Plus No N/A N/A N/A N/A N/A N/A N/A N/A N/A Yes—if not
eligible
for
CalPERS
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Retirement &
Deferred
Compensation
(CalPERS) (7)
No. 457 Mission
Square PTS Plan
in lieu of social
security
(3.75%/3.75%
N/A Yes Yes Yes

4.3%/3.2%
Yes

7.5%/3.75%
N/A Yes

6.25%/1.25 %
Yes

3.75%/3.75%

N/A N/A
Legend
N/A = Denotes information regarding benefit was not available on the agency’s website at time of research (January – February 2023
(1) Three days or 24 hours per fiscal year after 90 days of employment. In addition, part-time employees working 40 hours per week ( i.e., four 10-hour shifts) are provided 32 hours of PSL per fiscal year instead of 24. Note: While some city agencies did not provide PSL data on their website, California Labor Code #245 (detailed on following page) requires a minimum of 24 hours of PSL per fiscal year. (2) Three days or 24 hours after 90 days of employment per fiscal year. (3) There are two types of part-time employees: non-benefited and benefitted associated with the city agency of Irvine.
(3a) Non-benefited and eligible for three days of PSL after 90 days of employment (3b) Part-time employees working 30-32 hours/week are referred to as Extended Part-Time E accrue six hours/month of PSL up to 72 hours per fiscal year and are considered “benefited.” Benefits for EPTE employees are denoted with an “*” in the Irvine city column. (3c) Accrue vacation credits at three-quarter the rate of full time, non-exempt employees based on years of service. Employees with:
- less than three years of service earn 60 vacation hours per fiscal year. - more than 3 but less than 10 years of service earn 90 vacation hours per fiscal year. - more than 10 years of service earn 120 vacation hours per fiscal year. (3d) Health and Wellness benefit of $1,000 per fiscal year is provided. (4) For the city agency of Laguna Beach, an annual schedule cap of 999 working hours/fiscal year exists. (4a) PSL accrues monthly for a maximum of 80 hours per fiscal year. (4b) Vacation time accrues monthly up to 96 hours per fiscal year and has a cash out option, if unused and accrued.
(5) For city agency of Oceanside,
- Three days or 24 hours of PSL per fiscal year after 90 days of employment are provided. - PSL accrues at eight hours per 30 hours worked and unused PSL (up to a max of 24 hours) can be carried over to the following year.
(6) Pension contribution rates for employee and city employer vary by city and may change over time. The contributions rates for any city agency listing CalPERS on their website appear as (xx%/yy%, where xx=employee contribution and yy=employer contribution)
(6a) As of 7/1/2019, city of Mission Viejo normal cost contribution rate increased to 9.582%, which reflects the employee pick-up of 1.5% of the city employer rate. (7) APPLE (see next page for detailed description of plan) (8) Some CA state jobs are part of a bargaining unit and therefore would affect benefits; None of the jobs included in our salary survey indicated they were associated with a bargaining unit. 229
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California Labor Code #245 ensures that part-time employees will accrue paid sick leave pursuant to the minimum requirements stated in the California Labor Code §245 et seq. which provides that an employee:

1. May accrue 1 hour paid sick leave for every 30 hours worked up to 24 hours per year;

2. May request and use up to 3 days or 24 hours of accrued paid sick leave per year;

3. May not be terminated or retaliated against for using or requesting the use of accrued paid sick leave; and

4. Has the right to file a complaint against an employer who retaliates or discriminates against an employee for:
a. Requesting or using accrued paid sick days;
b. Attempting to exercise the right to use accrued paid sick days; c. Filing a complaint or alleging a violation of Article 1.5 section 245 et seq. of the California Labor Code; d. Cooperating in an investigation or prosecution of an alleged violation of this Article or opposing any policy or practice or act that is prohibited by Article 1.5 section 245 et seq. of the California Labor Code.

Sick leave accruals for Hourly Extra Help and Part-Time employees cannot be used in the first 90 days of employment for newly hired employees. If unused, up to 24 hours can roll into next calendar year in the Pay Period containing January 1. A maximum of 48 hours can be retained annually after roll over however only 24 hours can be used per year.

APPLE is a qualified plan under 457(b) of the Internal Revenue Code for part-time and limited service employees and established as an alternative to Social Security:
• Each employee of the Agency who is not covered under an alternate retirement plan and is not covered under a collective bargaining agreement that precludes coverage under this Plan, is an eligible employee. • An employee is eligible to participate in the Plan after earning at least one hour of service for the Agency.
• Tax-deferred contributions accumulate in individual participant accounts and may provide additional retirement income.
• Combined employee/employer contribution is 7.5% of compensation. • All assets of the Plan are held in a group annuity with a Fixed Interest Account and earn an annually adjusted minimum guaranteed
interest rate.

Summary
As competition grows for part-time labor continues heating up, public and private organizations that count on these types of workers are taking notice — and using the practice to their advantage. It’s part of a larger trend involving employers who use full-time benefits (like the city of Irvine) to attract part-time talent — a move that is also increasing productivity and preventing job-hopping.

Specifically, the benefits afforded to part-time employees in two large organizations with offices near the city of San Clemente were evaluated and summarized below. • Starbucks:
o Medical, dental, and vision plans as well as Heath Care and Dependent Care reimbursement accounts, life insurance, disability, and accident coverage. o Care@Work for access to up to 10 backup care days for kids or adults per year plus senior care planning.
o 401(k) retirement plan including a generous (amount not listed) company match and discounted company stock (SIP) as well as an employee-funded Savings Plan. 230
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o Paid vacation, partner and family sick time; Seven paid holidays and 1.5 times hourly rate for any hours an employee works on a holiday.
o In addition, some eligible part-time employees may be eligible for parental leave; education and student loan management (100% tuition coverage and advising through Arizona State University online program).
o Commuter benefits like transit passes funded through pre-tax payroll deductions as well as access to onsite gym at headquarters or discounted gym memberships. o Discounts: 30% discount on beverage, merchandise, and food purchases; one pound of free coffee or box of tea every week.
o Formal and informal recognition programs and employee resource groups; matching gifts to eligible non-profits up to $1,000 per year.
• Life Time Fitness:
o Paid sick time, national holidays, celebration days and sick time. o Parental leave, parental bonding time and adoption support o LifeWorks EAP
o Fully subsidized Signature Life Time membership
o Discounts on products and services in any Life Time club (size and availability vary by department and product or service) as well as 30% off meals to go and shakes at LifeCafe, 25% off LifeSpa services and 15% off personal training.

Part-time employees have become an ever more significant segment of the regular workforce and benefits experts are constantly seeking an effective (and affordable) mix of benefits that help their organization do three things: Attract, retain, and motivate talent as well as ensure compliance with state, city or county agency requirements. It is important that any organization compare the return on the additional investment for a richer benefits package to the cost of replacing a part-time employee (recruitment, onboarding, training, etc.).
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RESOLUTION NO. 23-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ADOPTING SPECIFIED

PAY GRADE CHANGES FOR HOURLY PART-TIME

CLASSIFICATIONS AND ADOPTION OF REVISED HOURLY

PART-TIME SALARY SCHEDULE AND AMENDING
RESOLUTION NO. 22-41 AND ANY OTHER RESOLUTIONS

IN CONFLICT THEREWITH
WHEREAS, Section 37206 of the Government Code requires the City Council to prescribe the time and method of paying salaries and wages of officers and employees of the City; and
WHEREAS, a classification and compensation study of the hourly part-time classifications was undertaken and the findings and recommendations have been presented to the City Council: and
WHEREAS, various changes to classifications and pay range adjustments are recommended as a result of the study.

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

Section 1. Resolution No. 22-41 is herby amended to make the following changes to revise the hourly part-time salary schedule related to hourly part-time positions:

Eliminate the following classifications:
• Office Clerk
• Park Monitor
• Pool Lifeguard Trainee
Adjust the salary ranges for the following classifications as follows and place current employees in the listed classifications on the entry step of the new range or at the step within the new salary range as follows:
• Intern from range 14 to 20
• Ocean Lifeguard Trainee from range 14 to 20
• Recreation Leader I from range 14 to 21
o 14 (E) to 21 (B)
• Park Ranger from range 20 to 29
o 20 (C) to 29 (A)
o 20 (D) to 29 (B)
• Recreation Leader II from range 21 to 25
o 21 (B) to 25 (A)
o 21 (C) to 25 (B)
o 21 (D) to 25 (C)
ATTACHMENT 2
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Resolution No. Page 2
• Recreation Leader III from range 26 to 28
o 26 (A) to 28 (A)
o 26 (B) to 28 (B)
o 26 (C) to 28 (C)
• Ocean Lifeguard from range 28 to 32
o 28 (A) to 32 (A)
o 28 (B) to 32 (B)
o 28 (C) to 32 (C)
o 28 (D) to 32 (D)
o 28 (E) to 32 (E)
• Cable TV Technician from range 39 to 45
o 39 (E) to 45 (B)
• Ocean Lifeguard Supervisor from range 41 to 42
o 41 (C) to 42 (C)
o 41 (D) to 42 (D)
Thereafter, individuals hired into any hourly part-time classification can be placed at any step in the range based on experience.

Section 2. The amended and restated Hourly Part-time Employees salary schedule that is attached is hereby approved.

Section 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
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Resolution No. Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. _________ was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
City Attorney
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