San Clemente City Council
August 15, 2023

Meeting Date: August 15, 2023 Agenda Item: 6P
CITY OF SAN CLEMENTE Printed on 8/10/2023
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Council Options:
• Authorize the Mayor to sign and send the letter to the appropriate parties. • Modify and authorize the Mayor to sign and send the letter to the appropriate parties. • Take no action.

Environmental Review/Analysis:

This is not a “project” as defined by the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation
Staff recommends the City Council authorize the Mayor to execute, and staff to submit, a letter in support of SB 326 and AB 531.

Attachment:

1. Letter in support of SB 326 and AB 531

2. Fact Sheet – Governor Newsom’s Transformation of Behavioral Health Services

3. Policy Brief – Understanding California’s Recent Behavioral Health Reform Efforts Notification:

The Honorable Susan Eggman, California State Senate
The Honorable Jacqui Irwin, California State Assembly
2

Attachment 1

OFFICE OF THE MAYOR

AND CITY COUNCIL
Chris Duncan
Mayor
Steve Knoblock
Mayor Pro Tem
Victor Cabral
Mark Enmeier
Rick Loeffler

CITY MANAGER
Andy Hall
910 Calle Negocio
San Clemente, CA 92673
Phone: (949) 361-8200
“The Spanish Village
by the Sea”
August 15, 2023
The Honorable Susan Eggman The Honorable Jacqui Irwin
California State Senate California State Assembly
1021 O Street, Suite 8530 1021 O Street, Suite 6220
Sacramento, CA 95814 Sacramento, CA 95814
Re: SUPPORT – SB 326 (Eggman) Behavioral Health Services Act and AB 531 (Irwin) Behavioral Health Infrastructure Bond Act of 2023 Dear Senator Eggman and Assemblymember Irwin:

On behalf of the City of San Clemente, we are writing in strong support of SB 326 and AB 531, your historic legislative package working with Governor Newsom to transform the Mental Health Services Act (MHSA) pass and accompanying $4.86 billion bond measure to build 10,000 new community behavioral health beds and housing to provide care to Californians of all ages with serious mental health and substance use disorders.

California is facing a confluence of crises - homelessness, serious mental illness, and substance use disorders - and this moment demands bold and comprehensive action. Among Californians experiencing homelessness, nearly 40,000 have a serious mental illness and over 36,000 have a chronic substance use disorder. A recent RAND study indicates the state has a shortage of at least 6,000 behavioral health beds. This lack of sufficient capacity leads not only to unnecessary long lengths of stays in locked settings and hospitals, but contributes to the growing crisis. The need for mental health and substance use services is even more acute among our state’s veterans. There are over 10,000 California veterans experiencing homelessness on any given night: upwards of 50% or more of homeless veterans suffer from mental health issues and around 70% are affected by substance use disorders. The proposed bond would dedicate a portion of the funding to provide the support our veterans deserve.

It is long overdue that we modernize our approach to serving our fellow Californians who are most in need of the mental health care they deserve - those with serious mental illnesses, experiencing or at risk of homelessness, and veterans who spend their nights on the streets.

CELEBRATING 90 YEARS OF INCORPORATION
3

_______________________________
Kathleen Ward
Mayor, City of San Clemente
This transformational package focuses on housing with accountability and reform with results to help ensure Californians can access critical behavioral health services and find the type of housing for their needs in the community - making good on a decadesold promise by state leaders.

These actions will complement and build upon California’s transformative behavioral health care expansion and accomplishments to date, including the CARE Act, the Children’s and Youth Behavioral Health Initiative, the CalAIM expansion of behavioral health services in Medi-Cal, historic investments in behavioral health housing and infrastructure, veterans’ health and housing initiatives, and behavioral health workforce investments – to provide a continuum of community care for all.

The status quo is not acceptable. Our families and communities need big, bold action, and we need it now. For these reasons, we are in strong support of SB 326 and AB 531.

Sincerely,
_______________________
Chris Duncan
Mayor
City of San Clemente
4 GOVERNOR NEWSOM’S TRANSFORMATION OF

BEHAVIORAL HEALTH SERVICES
Housing with Accountability. Reform with Results.
● Major effort to pass a bond for 10,000 new clinic placements and homes. ● First reform in nearly two decades since voters passed the Mental Health Services Act in 2004.
● Focus on housing with accountability for people with mental health needs, including veterans and unhoused people.

Together with the Legislature, local officials, labor leaders, community organizations, and more, Governor Gavin Newsom is proposing a major transformation of the State’s behavioral health care system – making good on decades-old promises. This effort will build 10,000 new beds with $4.68 billion funded by a bond on the March 2024 ballot to provide the resources needed to care and house those with the most severe mental health needs and substance use disorders.

The package focuses on five solutions to transform California’s behavioral health system through housing with accountability and reform with results:

1. Reforming the Mental Health Services Act to provide services to the most seriously ill and to treat substance use disorders

2. Building a workforce to reflect and connect with California’s diversity

3. Focusing on outcomes, accountability, and equity

4. Housing and behavioral health treatment in unlocked, community-based settings

5. Housing for veterans with behavioral health challenges

LEGISLATIVE PACKAGE
● SB 326: REFORM – After nearly 20 years, this bill would modernize and reform the Mental Health Services Act (MHSA), which was passed as Proposition 63 by voters in 2004. This legislation would expand services to include treatment for those with substance use disorders – in addition to care for the most seriously mentally ill – provides more resources for housing and workforce, and continues community support for prevention, early intervention, and innovative pilot programs – all with new and increased accountability for outcomes and through an equity lens.

Attachment 2
5 ● AB 531: BUILD – A $4.68 billion general obligation bond to build 10,000 new clinic beds and homes that would be on the March 2024 ballot. This would be the single largest expansion of California’s continuum of behavioral health treatment and residential settings. It will create new, dedicated housing for people experiencing homelessness who have behavioral health needs, with a dedicated investment to serve veterans, allowing Californians experiencing behavioral health conditions to have a place to stay while safely stabilizing and healing.

Combined, these two bills will build out the State’s capacity to provide behavioral health care and housing with strengthened accountability for results, while creating good jobs. These reforms will complement and build upon Governor Newsom’s Behavioral Health Expansion and Reform efforts to provide care - from prevention and early intervention to outpatient, crisis, inpatient, and supportive care and supplements the work currently underway with the implementation of CARE Court.

The behavioral health legislative package will go to the voters for approval in March 2024, after consideration and approval by Legislature and Governor Newsom’s signature in 2023.

SB 326: REFORM

REFORMING BEHAVIORAL HEALTH CARE FUNDING TO PROVIDE SERVICES TO THE MOST SERIOUSLY ILL AND TO TREAT SUBSTANCE USE DISORDERS. ● Expands services to include treatment for substance use disorders (SUDs) alone and allows counties to use funds in combination with federal funds to expand SUD services.

Because of this expansion to cover SUD, the bill updates the name of the MHSA to the Behavioral Health Services Act (BHSA).
● Recognizes the need for housing to address a variety of serious behavioral health disorders.
● Modernizes county allocations (92%) to require the following priorities and encourage innovation in each area:
○ 30% for Housing Interventions for children and families, youth, adults, and older adults living with serious mental illness/serious emotional disturbance (SMI/SED) and/or SUD who are experiencing homelessness or are at risk of homelessness. ■ Authorizes housing interventions to include rental subsidies, operating subsidies, shared housing, family housing for children and youth who meet criteria, and the non-federal share for certain transitional rent.

6 ■ Half of this amount (50%) is prioritized for housing interventions for the chronically homeless. Up to 25% may be used for capital development. ○ 35% for Full Service Partnership (FSP) programs, which are the most effective model of comprehensive and intensive care for people at any age with the most complex needs. These funds will be used to expand the number of FSP slots available across the state and are key to CARE Court being successfully implemented.
○ 30% for Behavioral Health Services and Supports, including early intervention, workforce education and training, capital facilities and technological needs, and innovative pilots and projects, to strengthen the range of services individuals, families, and communities need. A majority of this amount must be used for Early Intervention.
○ 5% for Prevention through population-based programming on behavioral health and wellness. For example, in school-linked settings, this prevention funding must focus on school-wide or classroom-based mental health and substance use disorder programs, not individual services.
● Creates a new total state-directed funding (3%) to workforce investments, leveraging existing federal funding, and benefitting the entire state system. ● Continues the funding for state implementation (5%) of the policy, including development of statewide outcomes, oversight of county outcomes, training and technical assistance to counties, research and evaluation, and policy administration.

EXPANDS THE BEHAVIORAL HEALTH WORKFORCE TO REFLECT AND CONNECT WITH CALIFORNIA’S DIVERSE POPULATION.

The proposal recognizes and supports the critical need to expand a culturally-competent and well-trained behavioral health workforce to address behavioral health capacity shortages and expand access to services.
● Provides up to 3% of annual BHSA funds for the California Health and Human Services Agency (CHHS) to implement a statewide behavioral health workforce initiative, including leveraging federal dollars through a workforce initiative under BH-CONNECT; a proposed Medicaid demonstration waiver that will draw down significant additional federal matching dollars for this purpose.
● Authorizes counties to also fund additional, local workforce initiatives using resources from their local BHSA allocation prioritized for Behavioral Health Services and Supports.

FOCUSING ON OUTCOMES, ACCOUNTABILITY, AND EQUITY.

7 OUTCOMES: The proposal replaces the existing plan with a new County Integrated Plan for Behavioral Health Services and Outcomes, including all local behavioral health funding and services.
● Requires counties to demonstrate coordinated behavioral health planning using all services and sources of behavioral health funding (e.g., BHSA, opioid settlement funds, realignment funding, federal financial participation), in order to provide increased transparency and stakeholder engagement on all local services. ● Requires stratified local data analysis to identify behavioral health disparities and consider approaches to eliminate those disparities.
● Requires the Department of Health Care Services (DHCS) to work with counties and stakeholders to establish outcome metrics for state and county behavioral health services and programs.

ACCOUNTABILITY: The proposal establishes a new, annual County Behavioral Health Outcomes, Accountability, and Transparency Report to provide public visibility into county results, disparities, spending, and longitudinal impact on homelessness. ● Requires counties to report annual service utilization data and expenditures of state and federal behavioral health funds, unspent dollars, and other information. Authorizes DHCS to impose corrective action plans on counties that fail to meet the requirements established by this section.
● Authorizes up to 2% of local BHSA revenue to be used for local resources to assist counties in improving plan operations, quality outcomes, reporting fiscal and programmatic data and monitoring subcontractor compliance for all county behavioral health funding, on top of the existing 5% county administrative costs. ● Reduces authorized local prudent reserve amounts in the BHSA to allow for needed investments while still saving for an economic downturn.

EQUITY: The proposal connects the Behavioral Health System statewide for all Californians. ● For those with Medi-Cal health insurance: Authorizes DHCS to align the terms of the county behavioral health plan contracts regarding administration, infrastructure, and organization with Medi-Cal managed care plan contracts. ● For those with commercial health insurance: Directs the Department of Managed Health Care (DMHC) and DHCS to develop a plan with stakeholder engagement for achieving parity between commercial and Medi-Cal mental health and substance use disorder benefit. This may include, but is not limited to, phasing in alignment of utilization management, benefit standardization, and covered services.

8 AB 531: HOUSING

HOUSING AND BEHAVIORAL HEALTH TREATMENT IN COMMUNITY-BASED UNLOCKED SETTINGS.

The proposal places a General Obligation Bond on the March 2024 ballot for construction of unlocked community-based behavioral health treatment & residential care settings. ● A recent RAND study indicates the state has a shortage of at least 6,000 behavioral health beds. This lack of sufficient capacity leads not only to unnecessary long lengths of stays in locked settings and hospitals, but contributes to the growing crisis of homelessness and incarceration among those with severe mental illness and substance use disorders.
● To address this long-standing challenge, the Governor is proposing to use a general obligation bond to build up settings that will help ensure those with the greatest needs have access to high quality, unlocked, community-based residential care, including “step-down” community-based facilities, where people can reside short-term after a behavioral health crisis hospitalization and then transition to lower levels of care that can better support long-term success.
● Bond funding would be used to construct, acquire, and rehabilitate unlocked, voluntary, community-based residential care settings for individuals with behavioral health needs, increasing the availability of care settings that support rehabilitation and recovery.
● Among Californians experiencing homelessness, nearly 40,000 have a severe mental illness and over 36,000 have a chronic substance use disorder.

HOUSING FOR VETERANS WITH BEHAVIORAL HEALTH CHALLENGES.

The proposal dedicates a portion of the bond to housing for veterans at risk of, or experiencing, homelessness with behavioral health needs. ● Upwards of 50% or more of homeless veterans suffer from mental health issues and upwards of 70% or more are affected by SUD.
● Bond funding would be disbursed as grants for new construction, acquisition, rehabilitation, or preservation of affordable multifamily housing to provide interim, transitional, and permanent supportive housing for veterans who are homeless, or at risk of homelessness, and living with behavioral health challenges.

9 Figure 1. Comparison of Existing MHSA Allocations and Proposed BHSA Allocations (Dollars in Millions)

10 Policy Brief:

Understanding
California’s Recent
Behavioral Health
Reform Efforts
Attachment 3
11 Policy Brief: Understanding California’s Recent Behavioral Health Reform Efforts 2

INTRODUCTION
California is at a tipping point for mental health and substance use disorders, collectively known as behavioral health.

As this plan comes together, a working adult struggling with anxiety will be able to reliably depend on their employer sponsored health insurance to provide the services they need, a parent whose child is beginning to show early signs of a serious mental illness will be connected to early assessment and intensive treatment, and an unhoused neighbor struggling with co-occurring mental health and substance use disorders who has fallen through every crack in the system will have access to housing, treatment, and a path to recovery.

The truth is: We all struggle. At some point in our lives, we will all either have a challenge with mental health or substance use ourselves – or be supporting a parent, child, neighbor, friend, or coworker through their journey with behavioral health.

The weight of this crisis is not carried equally. Communities of color, people involved with the justice system, and those who are LGBTQ+ carry the heaviest burden.

Together we are developing a thoughtful set
of connected programs that provide tools to
help anybody, anywhere, anytime with their
unique behavioral health challenges.

This behavioral health plan pulls every lever
the government has at its disposal, from
setting a bold policy agenda, to creating and
implementing new initiatives, to simplifying and
streamlining programs, to enforcing laws and
regulations. As we continue this journey, some
changes will be immediate and visible, and
others will require more patience and time.

Because these challenges cannot wait, the Newsom Administration has invested a historic $10 billion in the full spectrum of behavioral health services, because all Californians are entitled to quality, culturally competent behavioral health services when, how, and where they need them.

Behavioral Health Continuum
12 Policy Brief: Understanding California’s Recent Behavioral Health Reform Efforts 3 Increasing Access by Building Workforce, Infrastructure Undergirding all of California’s behavioral health efforts are investments to build the pipeline of providers and the physical infrastructure needed for these services.

For behavioral health care to be truly accessible, services must be available when Californians need them. Providers must speak our language, look like us and come from our communities.

We also need brick-and-mortar spaces for care, to address historic gaps and to meet growing demand for services across the lifespan. So, California has set aside $2.2 billion to ensure care can be provided in the least restrictive settings and within the community through a wide range of options.

That’s why the Administration is investing
$1.4 billion to create tens of thousands of new behavioral health professionals – offering tuition assistance and loan forgiveness and funding training programs.

Prevention and
Early Intervention
It’s important to recognize that for many
Californians, there is still a stigma around
mental health and substance use challenges.

This is why it is important to both normalize the
conversation around behavioral health and
emphasize prevention.

In August 2022, the Administration announced a
Master Plan for Kids’ Mental Health, an integrated
multi-year effort uniting historic investments to
better serve the state’s diverse children, youth,
and families. At the core of the Master Plan is a
historic, five-year, $4.7 billion initiative that focuses on promoting mental, emotional, and behavioral
health and well-being; prevention and providing
services; support and screening; and addressing
inequities.

These efforts will increase access to a wide range
of mental health services in schools, allowing
schools to reach more students and provide
more counseling and mental health supports.

Schools are a critical access point for mental
health and substance use services, especially
for African American, Native American, Pacific
Islander, and LGBTQ+ students.

Critically, in response to the exponential
increase in overdoses, the state will soon launch
a $40.8 million education and awareness
campaign focused on opioids and fentanyl.

California is also investing more than
$80 million to increase overdose reversal
medication distribution to first responders,
law enforcement, community-based
organizations, middle and high schools, and
county agencies to reverse overdoses.

To further support the success of these
efforts, the state is investing $100 million in
a youth-led campaign to destigmatize the
conversation around youth mental health
and substance use struggles.
13 Policy Brief: Understanding California’s Recent Behavioral Health Reform Efforts 4 Outpatient Care
For all Californians to be able to access
behavioral health care when they need it,
the state is holding commercial plans, which
cover more than half of all Californians,
accountable and reforming Medi-Cal,
California’s Medicaid program.

On the commercial side, California has some
of the strongest behavioral health “parity”
requirements in the country, requiring coverage
of “medically necessary” services to treat
mental health and substance use disorders. The
treatment cannot be limited to short-term or
acute treatment.

To enforce these laws, the state has dedicated
$22 million over five years to conduct behavioral
health-focused investigations of commercial
health plans to make sure they are meeting
state law – and taking enforcement action
against those that are not. Californians are
paying health care premiums for behavioral
health care; they deserve access to it.

On the public side, Medi-Cal has vastly
expanded the use of telehealth, which made
behavioral health care far more accessible
for some.

And California is in the process of completely
reforming Medi-Cal behavioral health delivery
through numerous federal waivers, including
CalAIM and the proposed California
Behavioral Health Community-Based
Continuum Demonstration.

There will be a “no wrong door” approach
to ensure beneficiaries receive mental health
services regardless of where they seek care,
even if the beneficiary is ultimately transferred
somewhere else due to their level of impairment
and mental health needs.

Medi-Cal is also reforming how county behavioral
health systems are paid to reward better care and
quality of life for Medi-Cal beneficiaries.

Other outpatient benefits available under
Medi-Cal will include:

Assertive Community Treatment (ACT) and
Forensic Assertive Community Treatment
(FACT). ACT offers a wide range of medical
and social services to people living with
serious mental illness. Provided by a
multidisciplinary team, the services are
provided 24/7 for as long as needed and
wherever they are needed. FACT builds on
this model and adjusts based on criminal
justice issues.

Contingency Management, which
promotes healthy behaviors through
positive reinforcement (such as gift cards)
for people living with stimulant use disorder
who reduce or eliminate their stimulant use.

Medication Assisted Treatment, which is the
use of medication along with counseling
to treat substance use disorders. This
program is being expanded to increase
access to treatment and reduce opioid
overdose deaths with a special focus on
underserved communities, including youth,
rural areas and American Indian and
Alaska Native tribal communities.

Crisis Care
Sometimes, of course, people have more urgent
needs than can be covered by outpatient
services, which is why California is building a
robust system of crisis care.

During the pandemic, the state created the
successful CalHOPE program, a crisis line
and online platform to address stress and
anxiety. It offers free outreach, individual and
group crisis counseling and support. Since its
inception, more than 1.3 million Californians
have used CalHOPE services.

The state is also investing to build out crisis call
center capacity to support the transition to
988, which is an alternative to 911 when people
are experiencing a mental health crisis. It’s
an unprecedented opportunity to improve
behavioral health crisis prevention, response,
and stabilization. The easy-to-remember, threedigit number is available 24/7, 365 days per year and provides access to crisis counseling, often
in several languages and via text or online chat.
14 Policy Brief: Understanding California’s Recent Behavioral Health Reform Efforts 5 In addition, Medi-Cal beneficiaries will be
eligible for mobile crisis services, communitybased de-escalation and relief for individuals experiencing a behavioral health crisis wherever
they are, including at home, work, school, or in
the community. The benefit is meant to reduce
unnecessary law enforcement involvement and
ER visits for people in crisis.

Inpatient Care
There are times when the best setting for
someone’s care is in a hospital or residential
setting, so California is not only building more
infrastructure to make sure those beds are
available, but also improving that care.

CalAIM and CalBH-CBC will enhance care in
psychiatric hospitals and residential settings by
ensuring that patients’ physical, mental and
substance use conditions are treated and that
patients are only kept in inpatient care until they
can transition to community-based care.

Beneficiaries will also receive support before
discharge from inpatient and residential
treatment and will be supported during the
transition and connected to community-based
services and supports, including housing support.

Another form of inpatient care takes place at State
Hospitals, which increasingly provide inpatient
care for people facing felony charges and found
incompetent to stand trial due to a serious mental
illness, the majority of whom are also homeless.

California is investing more than $600 million in new
resources to ensure these individuals get access to
treatment quickly and to create options to safely
support community-based care and housing
stability and reduce recidivism.

Supportive Care
California is also providing a range of supports
to help people with the most extensive needs
get the help they need to care for their mental
illness and/or substance use disorder. These
services include:

The CARE Act, a compassionate civil
court process that provides care to the
most severely ill based on evidence that
many people can stabilize, begin healing,
and exit homelessness in less restrictive,
community-based care that prevents more
restrictive conservatorships or incarceration.

Behavioral Health Bridge Housing, which
will provide $1.5 billion to create and fund
new clinically enhanced housing settings
for people experiencing homelessness who
have complex behavioral health conditions.

Justice-involved initiatives under CalAIM.

California is the first state in the nation to
offer a targeted set of Medicaid services
to youth and adults in state prisons, county
jails, and youth correctional facilities for up
to 90 days prior to release to assist people
leaving incarceration connect to the
physical and behavioral health services
they need prior to release.

Enhanced care management will be
available to help Medi-Cal enrollees with
the highest needs. It will meet beneficiaries
wherever they are – on the street, in a
shelter, in their doctor’s office, or at home.

Beneficiaries will have a single lead
care manager who will coordinate care
among the physical, behavioral, dental,
developmental, and social services delivery
systems, making it easier for them to get the
right care at the right time.

Rent and transitional housing under CalAIM
to provide up to six months of rent or
temporary housing for beneficiaries who
are homeless or at risk of homelessness after
receiving treatment in an institutional setting.

Community supports including housing
deposits, short-term post-hospitalization
housing, recuperative care, and
sobering centers.

Supported employment services to help
Medi-Cal beneficiaries find and keep
employment so they have income to
maintain housing.
15 Policy Brief: Understanding California’s Recent Behavioral Health Reform Efforts 6

CONCLUSION
Over time, this plan will lead California to a behavioral health system that:

Reduces misinformation, stigma and discrimination and increases knowledge, acceptance and support for care;
Reduces the delay from the onset of symptoms to treatment and increases ongoing engagement in care;
Reduces disparities in utilizing services among BIPOC and LGBTQ+ communities and increases access to culturally responsive care;
Reduces the proportion of individuals with mental health and substance use disorders in prisons and jail and increases high-quality community care placements; Reduces the risk of homelessness and housing insecurity and increases educational and employment opportunities; and
Reduces disappointment and frustration and increases satisfaction and trust in the quality of services received.
16 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 8/15/2023 Agenda Item: 7A
Department: City Clerk
Prepared By Laura Campagnolo, City Clerk
-
Subject:

CONSIDERATION OF RESOLUTION NO. 23-85 DECLARING THE INTENTION OF THE CITY OF SAN CLEMENTE TO TRANSITION FROM AT-LARGE TO DISTRICT ELECTIONS; CONSIDERATION OF RESOLUTION NO. 23-86 AWARDING A CONTRACT TO NATIONAL DEMOGRAPHICS CORPORATION FOR PROFESSIONAL DEMOGRAPHER SERVICES; AND

FIRST PUBLIC HEARING ON COMPOSITION OF DISTRICTS
Summary:

On June 15, 2023, the City received a letter from the Law Offices of Michelle R. Jackson (Attachment 1) alleging that the City’s at-large election process illustrates that the City’s voting results are racially polarized, resulting in minority vote dilution, and as a result, the City’s at-large elections violate the California Voting Rights Act of 2001 (“CVRA”). Subsequently, on July 10, 2023, a second letter (Attachment 2) was hand delivered to the City Clerk rescinding the original letter of June 8, 2023 due to the fact that it was delivered to the City Council, rather than the City Clerk, which is the procedure outlined in California Elections Code §10010(e)(1). The second letter alleges the same violations of the CVRA as the first.

Many cities in California have received similar letters. The CVRA has procedures and safe harbors that a city can take advantage of after being sent a demand letter if it chooses to transition to by district elections. (See Attachment 3.)
If the City Council would like to transition to district elections, Resolution No. 23-85 outlines a recommended course of action for soliciting public input and drawing district maps that complies with the CVRA. Resolution No. 23-86 would award a contract to National Demographics Corporation dba National Demographics Corporation (NDC) for professional demographer services to assist in the transition to district elections. Finally, if the Council desires to transition to district elections, after adopting the two resolutions, a public hearing should be held to receive public input on the composition of the districts. Two such public hearings must be held before any draft maps are drawn.

If the Council does not desire to transition to district elections, no action is necessary.

Background:

The City of San Clemente currently elects its five-member City Council through an “at-large” election system in which each Councilmember may reside anywhere in the City, and each member is elected by voters City-wide. This is in contrast to a “by-district” election system where a city is divided in to geographical districts, where each candidate must reside in the district they will represent, and only CITY OF SAN CLEMENTE Page 1 of 5 Printed on 8/10/2023
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voters within a given district vote for that district’s Councilmember.

In the past, the City has not taken action to transition to by-district elections because of the results of the November 6, 2018 General Municipal Election. At that election, a Ballot Measure (Measure V - Initiative for Election of City Councilmembers by District) was presented to the electorate to determine whether there was a wish in the community for the City to transition to by-district elections. 18,933 voters (representing 70.3% of the votes) voted “no” to by-district elections, while 7,990 (representing 29.7% of the votes) voted “yes” in favor of by-district elections.

Regardless of the results of that Measure, the City is now being threatened with litigation under the CVRA. Elections Code section 10010 was passed (effective January 1, 2017 and amended as of January 1, 2020), which provides that prior to the filing of a lawsuit challenging an at large voting system under the CVRA, a potential plaintiff must send a demand letter to the City. The City has 45 days within which the City cannot be sued under the CVRA (a so-called “safe harbor”), and during which period the City may declare its intent to switch to election of its legislative body by districts. If a city council adopts such a resolution, then the city has a further 90-day safe harbor period during which it is again protected from litigation, and within which it must conduct multiple public hearings and adopt an ordinance switching to districts. There is no immunity provided in the CVRA where a city’s voters have already expressed a desire to stay with at-large elections; that the November 6, 2018 Measure V failed to pass has no impact on the requirements under the CVRA, which is a state law.

Since the passage of Elections Code section 10010, numerous cities, school districts and other governmental agencies have received demand letters. The City of San Clemente received a demand letter on Monday, July 10, 2023. 45 days from that date would be August 24, 2023.

Analysis:

While the vast majority of cities that have received demand letters under the CVRA have opted to switch to election by districts, some have attempted to litigate. To date, no City has successfully defended such a suit. As an example, the City of Palmdale lost at both the trial court and court of appeal, paying approximately $4.7 million to plaintiffs, in addition to incurring about $1.8 million on its own expert and attorney fees.

The cities of Santa Clara and Santa Monica also chose litigation and each lost at the trial court level and appealed. In Santa Clara, the trial court awarded the plaintiffs’ attorneys over $3 million. After Santa Clara lost in the court of appeal, that city settled with the plaintiffs for about $4.55 million.

Santa Clara spent to about $1.8 million on its defense through its in-house city attorney’s office. In the Santa Monica case, the plaintiff’s attorneys are seeking over $22 million and the matter is pending in the California Supreme Court. Santa Monica is estimated to have spent between $7 million and $10 million so far on their defense.

In addition to the cities of Santa Clara and Santa Monica, several others cities and districts have reached settlements, including the following: Modesto: $3 million, Highland: $1.3 million, Anaheim:
$1.1 million, Whittier: $1 million, Santa Barbara: $600,000, Palm Desert: $555,000, Tulare Hospital:
$500,000, Ontario: $300,000, Camarillo: $233,000, Compton Unified: $200,000, Madera Unified (approximately) $170,000, Hanford Joint Union Schools: $118,000 and Merced City: $42,000.

Public agencies incur their own attorney fees and costs in addition to the sums paid to plaintiffs.

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Public agencies incur their own attorney fees and costs in addition to the sums paid to plaintiffs.

Even if a city were to win at trial (which has not yet happened), there is no mechanism for the city to recover its own attorney fees and costs. Additionally, a successful defense would not insulate the city from a different plaintiff filing another CVRA case.

In those instances where cities have lost CVRA litigation, the court mandates a switch to elections by district. In those cases, the court, not the citizens or the city council, orders a districting plan into place, as well as the timing of the election and the sequencing of the districts. For example, in Palmdale, the trial court invalidated the results of a November at-large election where that city’s first African-American councilmember was elected, and ordered a new special election by districts in all council districts in a plan developed by the plaintiffs, which the court selected over the plan developed by the defending city. CVRA settlements also typically involve plaintiff, rather than community, input on the district maps.

Unlike a federal voting rights act case, where a plaintiff must establish that switching to districts will actually remedy the vote dilution of the minority group challenging the existing election system through the creation of a majority-minority district, the California Voting Rights Act does not require such proof.

Thus, the City is faced on the one hand with the choice of litigating a challenge that has not ever been won, potentially incurring millions of dollars in expert and legal fees, and losing control of how districts are set up and sequenced in the City, or, on the other hand, following the “safe harbor” process to establish districts.

The attached Resolution No. 23-85, if adopted by the City Council tonight, is within the 45-day safe harbor period under Elections Code section 10010, and provides the City with an additional 90-day safe-harbor period within which to conduct 5 or more public hearings to consider potential district boundaries, as well as an ordinance that would switch the City Council to election by districts.

Prior to consideration of such an ordinance or the drawing of any draft maps, the City must conduct at least two public hearings to solicit input from the public regarding the composition of the districts.

The City may undertake outreach to the public, including to non-English-speaking communities, concerning the districting process and to encourage public participation. If the Council decides to transition to districts rather than face litigation, staff is recommending conducting the first of these two public hearings tonight.

Subsequent to the first two public hearings, proposed district maps would be generated by the City and posted for at least 7 days and at least two more public hearings would be held to solicit input on the proposed district boundaries, as well as the sequencing of districts for staggered terms of office.

At the conclusion of these public hearings, the Council can introduce, conduct and first and second reading, and adopt an ordinance switching to districts.

Attached to this staff report are the demand letters received on June 15, 2023 and July 10, 2023.

Resolution No. 23-85, which complies with Elections Code section 10010, is also attached, along with a proposed schedule of meetings and hearings to comply with the pre-requisites to consideration of an ordinance by the Council that would switch the City Council to election by districts.

CITY OF SAN CLEMENTE Page 3 of 5 Printed on 8/10/2023
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Meeting Date: 8/15/2023 Agenda Item: 7A
If the City Council decides not to transition to by-district elections, no action is necessary.

Council Options:
· Adopt Resolution No. 23-85, declaring the City’s intention to transition to district elections; adopt Resolution No. 23-86, awarding a contract for professional demographer services to NDC in an amount not to exceed $65,000; and conduct the first public hearing inviting the public to provide input regarding the composition of the districts.
· Modify and adopt the resolutions and conduct the public hearing at a later date. · Determine not to move forward with by-district elections. · Direct Staff to return to Council with additional information no later than August 24, 2023 to stay within the initial safe-harbor.

Fiscal Impact:

The contract for professional demographic consulting services to assist in transitioning to by-district elections is based on fixed fees for different types of services. Staff is recommending a not to exceed contract amount of $65,000 be awarded to National Demographics Corporation. There will also be staff and City Attorney time associated with a transition to district elections.

Based on other cities that have received demand letters to transition to district elections, have chosen not to transition and have been sued, a city can expect to incur expert witness and attorney fees estimated between $2 million and $6 million in connection with litigation brought under the CVRA.

Environmental Review/Analysis:

Pursuant to Section 15378(b)(5) of the California Environmental Quality Act (CEQA) Guidelines (14 CCR Section 15378(b)(5)), neither the proposed Resolution nor any of the other actions contemplated in this report constitute a “project” under CEQA because they are organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

Recommended Actions:

Staff Recommendation
Staff recommends that City Council determine whether to transition to by-district elections and, if so:

1. Adopt Resolution No. 23-85 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, DECLARING ITS INTENTION TO TRANSITION FROM ATLARGE TO DISTRICT-BASED ELECTIONS FOR CITY COUNCIL PURSUANT TO ELECTIONS CODE SECTION 10010 AND GOVERNMENT CODE SECTION 34886 EFFECTIVE FOR THE NOVEMBER 2024 GENERAL MUNICIPAL ELECTION.

And if Council adopts said Resolution of Intention, staff recommends that the City Council also:

2. Adopt Resolution No. 23-86 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, AWARDING A PROFESSIONAL SERVICES AGREEMENT CITY OF SAN CLEMENTE Page 4 of 5 Printed on 8/10/2023
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Meeting Date: 8/15/2023 Agenda Item: 7A

OF SAN CLEMENTE, CALIFORNIA, AWARDING A PROFESSIONAL SERVICES AGREEMENT

TO NATIONAL DEMOGRAPHICS CORPORATION FOR DEMOGRAPHER SERVICES

RELATED TO TRANSITIONING TO BY-DISTRICT ELECTIONS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN AN AMOUNT NOT TO EXCEED $65,000.

If the Council adopts a Resolution of Intention, staff recommends that the City Council proceed with conducting the first public hearing required under the CVRA by:

3. Open the public hearing, invite the public to provide input regarding the composition of the districts, and close the public hearing.

Attachment:

1. Letter from Law Offices of Michelle R. Jackson dated June 8, 2023.

2. Letter from Law Offices of Michelle R. Jackson dated July 10, 2023

3. Election Code section 10010

4. Resolution of Intention

5. Information regarding National Demographics Corporation

6. Resolution Awarding contract to National Demographics Corporation

7. National Demographics Corporation Contract

8. National Demographics Corporation Proposal
Notification:

None.

CITY OF SAN CLEMENTE Page 5 of 5 Printed on 8/10/2023
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Attachment 1
6 VIA CERTIFIED MAR,
June 8, 2023
Attn: City Council
City of San Clemente
San Clemente City Hall
910 Calle N egocio
San Clemente, CA 92780
faw Offices of Michelle R.. Jackson
341 89 PCH, Suite 204
Dana Point, CA 92629
(949)606-2674
Received
City of Son Clemente
J1_)~l 1 :j 2023
City Council
City Manager
Re: Violations of the California Voting Rights Act
Dear City Council,
I write on behalf of my client who is concerned about minority citizens residing and voting in the City of San Clemente ("San Clemente").

San Clemente relies upon an at-large election system for electing candidates to its City Council.

Moreover, a review of San Clemente's. voting results appears to illustrate that they are racially polarized, resulting in.minority vote dilution. Therefore, San Clemente's at-large elections violate the California Voting Rights Act of 2001 ("CVRA").

The CVRA disfavors the use of "at-large" voting since this method effectively prevents a protected class from having a sufficient opportunity to elect a candidate of choice. See generally Sanchez v Modesto (2006) 145 Cal App 4th 660, 667. Further, these at-large election systems often result in the dilution or impairment of minority voters and their ability to elect candidates more representative of their neighborhoods by allowing a bare majority of voters to control every seat, not just a proportional majority of seats. See Thornburg v Gingles (1986) 478 U.S. 30, 46.

To find a violation, the CVRA only requires that there be a showing of racially polarized voting.

See Cal. Elec. Code§ 14028 ("A violation of Section 14027 is established ifit is shown that racially polarized voting occurs ... "). It is my client's position that San Clemente' system of at-large elections dilutes the ability of Latinos, a protected class, to elect candidates of their choice or otherwise influence the outcome of San Clemente's elections for its City Council Members.

During the last twenty (20) years, only one Latino has been elected to the San Clemente City Council. There has been only one Latino candidate in the past 20 years despite Latinos currently comprising the second largest race and ethnicity population in San Clemente with more than 18% of the population identifying as Latino. This lack of Latino participation in seeking 1 7
election to the city council is prima facia evidence of voter dilution on the part of the City. See generally Westwego Citizens for Better Government v City of Westwego 872 F2d 1201 (5th Cir. 1989). There is a clear disconnect between the significant Latino population in San Clemente and the complete absence of Latinos on the City Council further evidencing the inherent discrimination of the elections process in San Clemente.

In accordance with the above, it is respectfully requested that San Clemente change the manner in which it elects councilmembers to its city council and adopt a district system. Please be advised that if we do not bave some movement with regard to this issue by August 10, 2023, we will be forced to seek judicial relief on behalf of residents within the jurisdiction. 2 Attachment 2
8 VIA HAND DELIVERY
July 10, 2023
Attn: Laura Campagnolo
City Clerk
City of San Clemente
San Clemente City Hall
910 Calle Negocio
San Clemente, CA 92673
Re: Violations of the California Voting Rights Act
Dear Ms. Campagnolo,
.La1.tttJ~o/,~~-~
34189 PCH, Suite 204
Dana Point, CA 92629
(949)606-2674
City or San cremenra
JUL 1 0 2023
City Clerk Department
On June 8, 2023, this office sent a letter to the City of San Clemente on behalf of one of its clients (see attached). It has been brought to our attention that the letter was incorrectly addressed to the San Clemente City Council rather than the San Clemente City Clerk per the California Elections Code§ 10010(e)l. Given the error made by this office as well as the importance that this office and our client places on ensuring that residents in the City of San Clemente ("San Clemente" or the "City") are not disenfranchised, we are withdrawing the demand letter sent on June 8, 2023, and resending this letter of demand for clarification, which will also extend the date by which the City has to respond to my client's demand.

Again, I write on behalf of my client, a minority resident of, and voter in the City of San . Clemente ("San Clemente" or the "City") concerned about other minority citizens residing and voting in the City.

San Clemente relies upon an at-large election system for electing candidates to its City Council.

Moreover, a review of San Clemente's voting results appears to illustrate that they are racially polarized, resulting in minority vote dilution. Therefore, San Clemente's at-large elections violate the California Voting Rights Act of 2001 (''CVRA").

The CVRA disfavors the use of "at-large" voting since this method effectively prevents a protected class from having a sufficient opportunity to elect a candidate of choice. See generally Sanchez v Modesto (2006) 145 Cal App 4th 660, 667. Further, these at-large election systems often result in the dilution or impairment of minority voters and their ability to elect candidates more representative of their neighborhoods by allowing a bare majority of voters to control every seat, not just a proportional majority of seats. See Thornburg v Gingles (1986) 478 U.S. 30, 46.
9 To find a violation, the CVRA only requires that there be a showing of racially polarized voting. See Cal. Elec. Code§ 14028 ("A violation of Section 14027 is established if it is shown that racially polarized voting occurs . .. "). It is my client's position that San Clemente's system of at-large elections dilutes the ability of Latinos, a protected class, to elect candidates of their choice or otherwise influence the outcome of San Clemente's elections for its City Council Members.

During the last twenty (20) years, only one Latino has been elected to the San Clemente City Council. There has been only one Latino candidate in the past 20 years despite Latinos currently comprising the second largest race and ethnicity population in San Clemente with more than 18% of the population identifying as Latino. This lack of Latino participation in seeking election to the city council is prima facia evidence of voter dilution on the part of the City. See generally Westwego Citizens for Better Government v City of Westwego 872 F2d 1201 (5th Cir. 1989). There is a clear disconnect between the significant Latino population in San Clemente and the complete absence of Latinos on the City Council further evidencing the inherent discrimination of the elections process in San Clemente.

In accordance with the above, it is respectfully requested that San Clemente change the manner in which it elects councilmembers to its city council and adopt a district system. Please be advised that if we do not have some movement with regard to this issue by August 24, 2023, we will be forced to seek judicial relief on behalf of residents within the jurisdiction.

Attachment
CC: City Council
City Manager
Sincerely,
S\~~ i: ,~J~ \
Michelle R. Jackson, Esq.
2 Attachment 3
10 I
~ -,1,-n -r o_r _LA-ll-rll-RN- I/\~
'i',li,'Ut AUTHENTICATED ll l ,,1 A,, ELECTRONIC LEGAL MATERIAL State of California

ELECTIONS CODE
Section 10010
10010. (a) A political subdivision that changes from an at-large method of election to a district-based election, or that establishes district-based elections, shall do all of the following before a public hearing at which the governing body of the political subdivision votes to approve or defeat an ordinance establishing district-based elections:
( 1) Before drawing a draft map or maps of the proposed boundaries of the districts, the political subdivision shall hold at least two public hearings over a period of no more than 30 days, at which the public is invited to provide input regarding the composition of the districts. Before these hearings, the political subdivision may conduct outreach to the public, including to non-English-speaking communities, to explain the districting process and to encourage public participation. (2) After all draft maps are drawn, the political subdivision shall publish and make available for release at least one draft map and, if members of the governing body of the political subdivision will be elected in their districts at different times to provide for staggered tenns of office, the potential sequence of the elections. The political subdivision shall also hold at least two additional hearings over a period of no more than 45 days, at which the public is invited to provide input regarding the content of the draft map or maps and the proposed sequence of elections, if applicable. The first version of a draft map shall be published at least seven days before consideration at a hearing. If a draft map is revised at or following a hearing, it shall be published and made available to the public for at least seven days before being adopted. (b) .ln dete1mining the final sequence of the district elections conducted in a political subdivision in which members of the governing body will be elected at different times to provide for staggered te1ms of office, the governing body shall give special consideration to the purposes of the California Voting Rights Act of 2001, and it shall take into account the preferences expressed by members of the districts. (c) This section applies to, but is not limited to, a proposal that is required due to a couti-irnposed change from an at-large method of election to a district-based election. (d) For purposes of this section, the following tenns have the following meanings:
(1) "At-large method of election" has the same meaning as set forth in subdivision (a) of Section 14026.
(2) "District-based election" has the same meaning as set forth in subdivision (b) of Section 14026.
(3) "Political subdivision" has the same meaning as set forth in subdivision (c) of Section 14026.
11 (e) (1) Before commencing an action to enforce Sections 14027 and 14028, a prospective plaintiff shall send by certified mail a written notice to the clerk of the political subdivision against which the action would be brought asserting that the political subdivision's method of conducting elections may violate the California Voting Rights Act of 2001.
(2) A prospective plaintiff shall not commence an action to enforce Sections 14027 and 14028 within 45 days of the political subdivision's receipt of the written notice described in paragraph (1 ).
(3) (A) Before receiving a written notice described in paragraph (1 ), or within 45 days of receipt of a notice, a political subdivision may pass a resolution outlining its intention to transition from at-large to district-based elections, specific steps it will undertake to facilitate this transition, and an estimated timeframe for doing so. (B) If a political subdivision passes a resolution pursuant to subparagraph (A), a prospective plaintiff shall not commence an action to enforce Sections 14027 and 14028 within 90 days of the resolution's passage.
(C) (i) A political subdivision and the prospective plaintiff who first sends a notice pursuant to paragraph (1) may enter into a written agreement to extend the time period desc1ibed in subparagraph (B) for up to an additional 90 days in order to provide additional time to conduct public ouh·each, encourage public participation, and receive public input. The written agreement shall include a requirement that the dish·ict boundaries be established no later than six months before the political subdivision's next regular election to select governing board members. However, in a political subdivision that holds a primary election as part of its process for selecting governing board members, the written agreement shall include a requirement that district boundaries be established no later than six months before the political subdivision's next regular primary election.
(ii) No later than 10 days after a political subdivision enters into a written agreement pursuant to clause (i), the political subdivision shall prepare and make available on its internet website a tentative schedule of the public outreach events and the public hearings held pursuant to this section. If a political subdivision does not maintain an internet website, the political subdivision shall make the tentative schedule available to the public upon request.
(f) (1) If a political subdivision adopts an ordinance establishing district-based elections pursuant to subdivision (a), a prospective plaintiff who sent a written notice pursuant to paragraph (1) of subdivision (e) before the political subdivision passed its resolution of intention may, within 30 days of the ordinance's adoption, demand reimbursement for the cost of the work product generated to support the notice. A prospective plaintiff shall make the demand in writing and shall substantiate the demand with financial documentation, such as a detailed invoice for demography services. A political subdivision may request additional documentation if the provided documentation is insufficient to corroborate the claimed costs. A political subdivision shall reimburse a prospective plaintiff for reasonable costs claimed, or in an amount to which the parties mutually agree, within 45 days of receiving the written demand, 12 except as provided in paragraph (2). In all cases, the amount of the reimbursement shall not exceed the cap described in paragraph (3).
(2) If more than one prospective plaintiff is entitled to reimbursement, the political subdivision shall reimburse the prospective plaintiffs in the order in which they sent a written notice pursuant to paragraph (1) of subdivision (e), and the 45-day time period described in paragraph (1) shall apply only to reimbursement of the first prospective plaintiff who sent a written notice. The cumulative amount of reimbursements to all prospective plaintiffs shall not exceed the cap described in paragraph (3).
(3) The amount of reimbursement required by this section is capped at thirty thousand dollars ($30,000), as adjusted annually to the Consumer Price Index for All Urban Consumers, United States city average, as published by the United States Department of Labor.
(Amended by Stats. 2019, Ch. 497, Sec. 105. (AB 991) Effective January 1, 2020.) Attachment 4
RESOLUTION NO. 23-85

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, DECLARING ITS

INTENTION TO TRANSITION FROM AT-LARGE TO

DISTRICT-BASED ELECTIONS FOR CITY COUNCIL
PURSUANT TO ELECTIONS CODE SECTION 10010
AND GOVERNMENT CODE SECTION 34886
EFFECTIVE FOR THE NOVEMBER 2024 GENERAL

MUNICIPAL ELECTION
WHEREAS, the City of San Clemente, California (“City”) is a general law city, duly organized under the Constitution and laws of the State of California; and WHEREAS, the five members of the San Clemente City Council are currently elected in at-large elections, in which each City Council member is elected by all registered voters of the entire City; and
WHEREAS, the California Voting Rights Act of 2001 (Elections Code §§14025-14032) (“CVRA”) provides that its purpose is “to implement the guarantees of Section 7 of Article I and of Section 2 of Article II of the California Constitution”; and WHEREAS, the City of San Clemente believes that its current electoral system is consistent with Section 7 of Article I and Section 2 of Article II of the California Constitution, and that a district-based electoral system is also consistent with these provisions; and WHEREAS, the CVRA applies to jurisdictions that use an at-large method of election; and WHEREAS, numerous California cities, including in Los Angeles, Orange and San Diego Counties, have been sued under the CVRA to force those cities to abandon their at-large electoral systems, and implement a by-district electoral system; and WHEREAS, the defense of litigation under the CVRA is extremely expensive and those cities that have lost in court have also lost substantial control over the districting process within their cities. Further, even if the city were to prevail in defense of an action, a successful defense would not prevent a different plaintiff from suing the city under the CVRA in the future; and WHEREAS, the CVRA mandates that prevailing plaintiffs are entitled to recover their attorneys’ fees and expenses, including expert witness fees, from a defendant city, and even defendant cities that have settled CVRA lawsuits in the early stages of litigation are mandated to pay plaintiffs’ attorneys’ fees and expenses, which typically have been substantial, and WHEREAS, on June 15, 2023, the City received a letter from the Laws Offices of Michelle R.

Jackson, demanding that the City switch to election by districts for the 2024 election pursuant to Elections Code 10010; and
WHEREAS, California Government Code Section 34886 authorizes the legislative body of a city to adopt an ordinance, without voter approval, to change its method of election from "atlarge" to "district-based" in which each council member is elected only by the voters residing in the district in which the candidate resides; and WHEREAS, Section 34886 authorizes such a change “in furtherance of the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code)”; and
13 Resolution No. 23-85 Page 2
WHEREAS, numerous cities and special districts throughout the state and in Los Angeles, Orange and San Diego Counties have moved from an at-large electoral system to a by-district electoral system for members of their governing bodies; and WHEREAS, the City intends to make this transition from an at-large system to a by-district system in accordance with the procedural rules outlined in Government Code Section 34886 and Elections Code section 10010.

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

SECTION 1. Intention to Switch to Election by Districts.

A. The foregoing recitals are true and correct.

B. The City Council shall consider an ordinance to change to a district-based election system for use in the City’s General Municipal Election for City Council Members beginning in November 2024, in accordance with Elections Code section 10010 and Government Code section 34886, and other applicable law.

C. The City Council directs staff to work with a qualified demographer, and other appropriate consultants as needed, to provide a detailed analysis of the City’s current demographics and any other information or data necessary to prepare a draft map that divides the City into voting districts in a manner consistent with the intent and purpose of the Federal Voting Rights Act.

D. The City Council approves the tentative timeline set forth in Exhibit A, attached to and made a part of this resolution, for conducting a public process to solicit public input on proposed district-based electoral maps before adopting any such map.

E. The City Council directs staff to instruct the demographic consultant to prepare for City Council review at the appropriate time proposals for districting plans with options for both four districts with an elective mayor and five districts pursuant to Government Code §§ 34871(b) and (c) and 34886.

F. The City Council directs staff to undertake public outreach and to inform the residents of San Clemente of this resolution and the districting process, and to facilitate and encourage public participation, as well as publish notice of the public hearings identified in the attached Exhibit A.

G. The timeline contained in Exhibit A may be adjusted as deemed necessary by the City Clerk, in consultation with the City Manager, provided that such adjustments shall not prevent the City from complying with the time frames specified by Election Code Section 10010.

SECTION 2. The City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED AND ADOPTED this day of August, 2023
ATTEST:

City Clerk of the City of Mayor of the City of
San Clemente, California San Clemente, California
14 Resolution No. 23-85 Page 3

STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, do hereby certify that the foregoing resolution was duly adopted by the City Council of the City of San Clemente at a Regular meeting, held on the 15th day of August, 2023 by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this day of , .

Approved as to form:

CITY CLERK of the City of
San Clemente, California
Elizabeth A. Mitchell, City Attorney
15 Resolution No. 23-85 Page 4
Exhibit A
TO RESOLUTION NO. 23-85
Timeline: Consideration and Implementation of By-District Elections (All meetings in Council Chambers at City Hall) Date Event Comment
July 10, 2023 Receipt of demand letter
August 15, 2023
Regular City Council
Meeting
City Council adopts
Resolution declaring its
intention to transition from atlarge to by-district elections and holds first public hearing.

Mapping tools will be made
available shortly after adoption
of the Resolution of Intention.

August 24, 2023 45 Days from July 10, 2023 See Elections Code section 10010.

September 5, 2023
Regular City Council
Meeting
Second Public Hearing Before maps are drafted by
demographer. Must occur
within 30 days of first public
hearing.

September 14, 2023 Deadline for the public to
submit any proposed maps.

Draft maps must be posted for
at least 7 days before the third
public hearing.

September 21, 2023 Posting deadline for all maps
(public and consultant).

Draft maps must be posted for
at least 7 days before the third
public hearing.

October 3, 2023
Regular City Council
Meeting
Third Public Hearing Regarding content of draft
maps and sequence of
elections.

October 10, 2023 Post any new or amended
maps and potential sequence
of elections
Draft maps must be posted at
least 7 days before fourth public
hearing
October 17, 2023
Regular City Council
Meeting
Fourth public hearing: Select
Map. Council introduces
ordinance establishing district
elections, including district
boundaries and election
sequence
Regarding content of draft
maps and sequence of
elections. Fourth public hearing
must be within 45 days of third
public hearing.

If selected map is amended,
there must be time for posting
(at least 7 days) and another
public hearing to introduce the
ordinance before expiration of
the 90-day safe harbor period.
16 Resolution No. 23-85 Page 5
October 26, 2023
(Special Meeting)
Optional fifth public hearing Only necessary if posted map is changed
November 7, 2023,
Regular City Council
Meeting
2nd reading of Ordinance and
Ordinance adopted
Last regular City Council
meeting before 90 days expire
November 13, 2023 90 days after August 15, 2023 See Elections Code section 10010.

November 5, 2024 First election using districtbased seats November 3, 2026 Second election using district
based seats
17 National Demographics Corporation
Phone: (818) 254-1221 P.O. Box 5271 [email protected] FAX (818) 254-1221 Glendale, CA 91221 www.NDCresearch.com Company Background
and
Additional Details on Project Elements
By National Demographics Corporation
Douglas Johnson, President
Attachment 5
18 ~
NDC
National Demographics Corporation

Table of Contents
Brief History of National Demographics Corporation .................................................................. 2 Company Philosophy .......................................................................................................................... 3 Professionalism ....................................................................................................................... 3 Local Leadership and Non-Partisan Professionals ............................................................ 3 Openness ................................................................................................................................. 4 Public Engagement ................................................................................................................ 4 Project Software...................................................................................................................... 4 The NDC Team ................................................................................................................................... 5 Recognition of the NDC’s Expertise ................................................................................................ 5 NDC Client Testimonials ................................................................................................................. 10 NDC Approach to Public Engagement.......................................................................................... 12 The Three E’s of Public Participation: Engage, Educate, and Empower .................... 12 Districting and Redistricting References ........................................................................................ 16 Additional Details of Optional Project Elements ......................................................................... 17 Advisory or Independent Redistricting Commissions .................................................... 17 Outreach Assistance ............................................................................................................. 17 Project Website ..................................................................................................................... 17 Online Mapping Tool for Public / Resident Use ............................................................ 18 DRA Online Mapping Tool ................................................................................................ 19 Paper-based Public Mapping Tool ..................................................................................... 20 Other Potential Project-Related Expenses: .................................................................................... 20 Conclusion .......................................................................................................................................... 21 Resumes of NDC President Dr. Douglas Johnson and
Vice President Dr. Justin Levitt ......................................................................................... 22 19 ~ NDC
National Demographics Corporation

Brief History of National Demographics Corporation
Since our founding in 1979, NDC has served hundreds of local governments.

While most of NDC’s work is in California and Arizona, the firm has performed projects in all regions of the country, serving clients as varied as the States of Mississippi, Arizona, Florida and Illinois; Clark County (Nevada); Jacksonville (Florida); numerous counties of all sizes across California and Arizona; the San Diego Unified School District; and relatively smaller jurisdictions such as the City of Bradbury, the City of Solvang, and Clay Elementary School District.

The company is especially well known for its districting and redistricting work with local governments. No company has been responsible for addressing the electoral demographic needs of more local governments, as NDC has conducted over 450 local government districting and/or redistricting projects, including 215 such projects in the 2021/2022 post-Census redistricting cycle alone. By our count, NDC performed the districting work for over 85% of the nearly 200 California cities that moved from at-large to by-district elections since the 2001 passage of the California Voting Rights Act.

Nationally recognized as a pioneer in good government districting and redistricting, NDC has unmatched expertise in the issues, questions, and decisions jurisdictions face in any discussion regarding districting, redistricting, the Federal and local state Voting Rights Acts, and related election system choices.
20 ~ NDC
National Demographics Corporation

Company Philosophy
Professionalism
NDC’s personnel are nationally recognized as leaders in the districting field and are responsible for numerous books and articles on the subject. NDC possesses all the hardware and software necessary to meet the districting and redistricting needs of any jurisdiction, and its personnel have unmatched experience in the line-drawing side of this work, as well as in developing the databases used for these purposes. But more important are the firm’s interpersonal skills and the team’s understanding of the perspective of all parties in this process.

Local Leadership and Non-Partisan Professionals
NDC is an advisor and technical resource. The firm’s role is to assist our clients through the complicated demographic and legal framework for their project.

NDC shares its experience and expertise, but the final plan is selected by the jurisdiction’s elected leaders, not NDC. The firm is sometimes criticized, usually by people from outside of the client jurisdiction, for not acting as an advocate or proselytizer for what these outsiders think is “right” for the client. But NDC team members are expert advisors, not proselytizers. NDC guides our clients through the process to a map that meets all legal requirements and the goals of our client – not the goals of outside critics. NDC welcomes the chance to assist each client through this process following the direction of the jurisdiction's elected leadership, key staff members, and the entire community.

A common question in many districting or redistricting projects is whether there is any influence of any improper political bias on the process. NDC’s four decades of success working for jurisdictions with all-Democratic leadership, jurisdictions with all-Republican leadership, and every possible combination in between, reflects our steadfast dedication to non-partisan service. At work, each of us puts our personal political feelings aside and focuses on implementing the policy goals and directions of our clients using NDC’s non-partisan, professional and expert guidance regarding the requirements and options facing each client.

We believe most of our clients would be hard-pressed to guess which NDC team members are registered as independents or with any political party, and we are proud to have satisfied customers and clients whose partisan leanings (even in their non-partisan local government offices) similarly cross the entire partisan spectrum.
21 ~ NDC
National Demographics Corporation

Openness
Any change in election systems can have momentous implications for the distribution of political power in a jurisdiction and for access by groups and individuals to the governance process. Not surprisingly, such changes often attract considerable public attention, sometimes generate intense controversy, and may draw charges of manipulation and abuse of power. It is crucial, therefore, that the jurisdiction establish, at the beginning, a process that is not only fair, but that is seen to be fair, to all contending groups and individuals.

Public Engagement
NDC pioneered the “transparent districting” approach that involves the public at every stage of the process and the company invented the "public participation kit" back in 1990. But NDC’s most valuable service is the firm’s experience transforming often contentious and passionate debates into thoughtful, constructive discussions focused on the options and outcomes rather than individual personalities. NDC also has considerable experience working with translators in public forums and providing materials in English and Spanish.

NDC’s approach has been widely praised in the media, and NDC has worked extensively with all types of press including radio, television, newspaper, and new media.

Project Software
NDC uses Caliper Corporation’s Maptitude for Redistricting software for processing public map submissions and drawing NDC’s draft maps and Boarddirected revisions. Maptitude for Redistricting can open and use the standard “Shapefile” and “File Geodatabase” GIS data formats, and Maptitude for Redistricting can export all files to “Shapefile” and “File Geodatabase” formats.

NDC uses ESRI’s ArcGIS Online to present those maps for Board, Staff and Public review in an easy-to-use, interactive format. NDC also uses ArcGIS Pro for some specialized Geographic Information System (GIS) analysis; for opening and reviewing data received from clients or from other jurisdictions; and when needed for final map post-adoption processing for delivery to the jurisdiction and to the County Registrar. Microsoft PowerPoint is also used for many presentations, along with the ArcGIS Online interactive maps. 22 ~ NDC
National Demographics Corporation

The NDC Team
NDC’s 40 years of service to local governments is grounded in our academic founding and decades of professional relationships with all forms of local governments. Each NDC team member has been extensively trained in the legal requirements, demographic details, and complicated personal and community interests involved in every districting and redistricting project. And every NDC team member has been briefed on the wide range of unusual and bizarre challenges NDC has encountered over our more than 250 successfully completed local government projects. Whatever question or situation arises, your NDC team can handle it.

NDC President Dr. Douglas Johnson leads all team training and closely monitors the progress of every client project. NDC President Dr. Johnson and Vice President Dr. Levitt are always available to all clients, and typically are personally involved whenever particularly unusual or complex situations arise. Each NDC team member brings their personal expertise in demographics, city governance, school district governance and/or special district management to every project.

And each team leader has particular expertise and focus in specific geographic areas.

All team members profiles are available on www.ndcresearch.com/about-us/.

Recognition of the NDC’s Expertise
Both national and local organizations have recognized NDC’s unmatched experience and expertise in the Census, districting, and redistricting.

National Recognition
Nationally, the National Conference of State Legislatures hosted NDC as a panelist at five different forums held for state legislators and legislative staff from across the country. NDC President Douglas Johnson addressed these forums on the following topics:

1. Citizen Voting Age Data from a line-drawer's viewpoint

2. Communities of Interest in Redistricting: A key to drawing 2011 plans (and for their defense)

3. The Key to Successful Redistricting

4. Communities of Interest In Redistricting: A Practical Guide

5. The Arizona Independent Redistricting Commissions' experiences with the first-ever independent redistricting
23 ~ NDC
National Demographics Corporation

In addition:
 The National League of Women Voters hosted NDC President Douglas Johnson at a 2006 conference on “Building a National Redistricting Reform Movement,”
 Texas Tech University hosted Dr. Johnson as a panelist at its “Symposium on Redistricting;”
 The Arizona League of Cities and Towns hosted Dr. Johnson as a panelist on “Redistricting Law and the Voting Rights Act: What It Means for Your City or Town in 2011” and
 The Arizona Bar Association hosted Dr. Johnson as a panelist on “Communities of interest and technology in redistricting.” California League of Cities Recognition
The California League of Cities hosted NDC as panelists over a dozen times to date:

General Meeting panel: 2006 and 2015
Executive Forum panel: 2018 and 2020
City Clerk Department panel: 2014, 2017, 2018, twice in 2019, and 2020 City Manager Department panel: 2015 and 2019
City Attorney Department panel: 2018
Inland Empire Chapter presentation: 2016
South Bay Chapter presentation: 2020 and 2021
Recognition by Additional California Organizations
Other California organizations and conferences since 2011 recognizing NDC’s expertise in this field include:
2020 California County
Counsel Assoc.
2021 Redistricting - What Local
Government Attorneys Need to Know
2020 “Voice of San
Diego” Politifest
Redistricting--What it means for our
community
2020
County Committee
Secretaries Annual
Summit
The California Voting Rights Act
2020
Rose Institute of
State and Local
Government
2021 Redistricting: New Rules for California
Local Governments
24 ~ NDC
National Demographics Corporation

2020 California Special
Districts Association
California Voting Rights Act Challenge
Factors
2020
Associated Cities of
California – Orange
County
2021 Redistricting: The Rules have Changed
2020 California Municipal
Law Conference
Municipal Redistricting in 2021: New Rules
of the Road
2019
California
Association of
School Business
Officials
Transitioning to By-Trustee-Areas Elections
2019 USC City/County
Fellowship Program
The Challenges of Municipal Election
Districts
2019 California Special
Districts Association
District Elections and the California Voting
Rights Act
2018 California Special
Districts Association
Converting From At-Large to By-District
Elections Under the California Voting
Rights Act
2018 Riverside County
Bar Assoc.

Redistricting and the California Voting
Rights Act
2018 California School
Board Assoc.

Voter Districts: The Link Between Strong
Community Engagement and a Successful
Process
2017 California School
Board Assoc.
15 Years with the California Voting Rights
Act: Lessons Learned and Challenges Ahead
2017
UC’s National Public
Service Law
Conference
Moderator, “Voting Rights 101”
2016
Los Angeles County
School Business
Officials
CVRA: What CBO’s Need to Know
2016
Los Angeles County
School Trustees
Assoc.

The CVRA: What School Board Members
Need to Know
2015
Associated Cities of
California – Orange
County
The California Voting Rights Act
2015 California School
Board Assoc.

The California Voting Rights Act: What
Board Members Must Know
25 ~ NDC
National Demographics Corporation

2015
Los Angeles County
School Boards
Assoc.

CVRA & Districting: The Demographer’s
Perspective
2011 Channel Cities Club Lunch Keynote: “California's next experiment: independent, public
redistricting”
Trusted Advisor to Local Government and Redistricting Reform Groups NDC acted as an informal advisor to the California League of Cities and the California School Board Association during the debate over the AB849 “FAIR MAPS Act” in 2019.

NDC acted as an informal advisor to the California League of Cities during the debate over AB1276 (revising the FAIR MAPS Act provisions) in 2020.

NDC provided ideas, advice, maps and research to the 2008 Common Cause-led coalition that drafted and successfully advocated for Proposition 11, which created California’s State-level Independent Redistricting Commission.

Advisor to Charter Review Commissions on Redistricting Provisions NDC advised the following groups on the redistricting and voting rights provisions of their charter revisions and ordinances:
2016 City of El Cajon charter revision and public education outreach 2015/16 Castaic Lake Water Agency and Newhall County Water District merger
2015/16 City of Corona Charter Revision
2011/12
Pasadena Unified advisor to Charter Revision Commission creating a redistricting commission and moving District to bydistrict elections 2009/10 City of Menifee advisor to by-district-elections ordinance language committee
2006-08
City of Modesto advisor to Charter Revision Commission
creating an independent redistricting commission and public education outreach
2003 City of Goleta ordinance writing and public education outreach Expert Witness and Litigation Consultant
26 ~ NDC
National Demographics Corporation

NDC President Douglas Johnson served as an expert witness in the following election and redistricting law cases:
2020 Chestnut v Merrill (Alabama)
2019 City of Redondo Beach vs State of California
2019 Ruiz-Lozito vs West Contra Costa Unified School District 2019 Common Cause v Lewis (North Carolina)
2018 Phillip Randolph Institute v Smith (Ohio)
2018 League et al. v. Johnson (Michigan)
2017 Luna v County of Kern
2018 Covington v State of North Carolina
2016 Garrett v City of Highland
2015 Jamarillo v City of Fullerton
2015 Harris vs Arizona Independent Redistricting Commission 2015 Solis v Santa Clarita Community College District
2015 Jauregui et al vs City of Palmdale
2014 Diego v City of Whittier
NDC Staff also served as litigation consultants for jurisdictions in the following California Voting Rights Act cases:

1. Anaheim

2. Carson

3. Compton

4. Escondido

5. Modesto

6. Poway

7. Santa Clarita

8. Whittier

9. Santa Clarita Community
College District

10.Tulare Health Care District
Trusted Advisor to Local Government and Redistricting Reform Groups NDC acted as an informal advisor to the California League of Cities and the California School Board Association during the debate over the AB849 “FAIR MAPS Act” in 2019. NDC acted as an informal advisor to the California League of Cities during the debate over AB1276 (revising the FAIR MAPS Act provisions) in 2020. NDC provided ideas, advice, maps and research to the 2008 Common Cause-led coalition that drafted and successfully advocated for Proposition 11, which created California’s State-level Independent Redistricting Commission.
27 ~ NDC
National Demographics Corporation

NDC President Douglas Johnson at Governor
Schwarzenegger’s press conference in support of redistricting reform. (Left to right: Assembly Democratic Legislator John Laird, USC Senior Fellow Dan Schnur, Greenlining Institute representative (name unknown), AARP President Jeannine English, NDC President Douglas Johnson, Governor Arnold Schwarzenegger, League of Women Voters Senior Director Trudy Schafer, State Senate Republican Bill Leonard, League of Women Voters President Jacqueline Jacobberger, and three unidentified men).

NDC Client Testimonials
Here is a sampling of what NDC’s people have to say about NDC:
“Here's a great expert. . . . today you bring him in for what sounds like good information, very smart man up here.”
United States Fourth District Court Judge James A Wynn, Covington v North Carolina, United States District Court for the Middle District of North Carolina, Case No. 1:15CV399
“I have worked on Congressional, Legislative, Los Angeles County and Los Angeles City redistricting maps on behalf of the Latino Caucus and grassroots Latino organizations for over 30 years. Douglas Johnson is one of the top redistricting experts in California, and he is who I would pick to draw a map for me anywhere in the state.” Alan Clayton, retired Executive Director of the Los Angeles County Chicano Employees Association
“The excel spreadsheet is a fantastic tool. Just plug in the letter by district and on the tab see a running total of population by assigned district. It's cool.” 28 ~ NDC
National Demographics Corporation

Modesto resident’s comment, June 16, 2008
“One of the first, and in retrospect one of the best, decisions made by our commission was to hire Douglas Johnson and his colleagues at National Demographics Corporation as our primary consultants. I have never had the opportunity to work with a more highly qualified, hard-working, dedicated, professional and classy individual or group than Mr. Johnson and his associates at NDC.”
Jim Huntwork, Arizona Independent Redistricting Commissioner (Republican)
“In addition to his technical expertise, Doug had a keen sense of how to help us navigate the complexities of the process. He understands redistricting better than any person I know. He has a unique ability to synthesize that which is very complicated and make it very understandable for the public. He frequently would present various options, without representing any position, clearly delineating differences and challenges of each option in a clear and succinct manner.” Josh Hall, Arizona Independent Redistricting Commissioner (Democrat) “It was a great pleasure to work with Doug Johnson and NDC during the first Independent redistricting effort in Arizona. Doug and his staff were professional, efficient, responsive, and even-handed. They listened very carefully to the instructions given by the commission and performed each mapping task without bias of any kind. I would highly recommend NDC to any jurisdiction, or commission, wishing to have a successful redistricting process.” Steven W. Lynn, Chair, Arizona Independent Redistricting Commission (Independent)
“Thank you for all of your hard work, assistance, and patience with me during this year of CVRA conversion to by-area trustee elections. Your continual reassurance and support in dealing with all of the details was sincerely appreciated. We all have jobs to do, but when working with all of you I felt that you always went the extra mile to support our District with excellent customer service. The multiple revisions, extra conference calls, and follow up suggestions made a difference to Scott, Linda, and me. I personally enjoyed joking around with each of you while remaining professional in all presentations. It was a pleasure working with all of you. “
Jennifer Williams, Ed. D., Fullerton Joint Union High School District, Executive Director Administrative Services
“Thank you for taking time out of your busy schedule to participate in the City Official Roundtable I hosted on the 2020 U.S. Census at the Redondo Beach Performing Arts Center. I appreciate that you shared your expertise on the Census to the government officials 29 ~ NDC
National Demographics Corporation

who were present. It is critical that we work together to ensure that everyone is counted in the upcoming Census.”
Ted W. Lieu, Member of Congress, California 33rd District.

NDC Approach to Public Engagement
The Three E’s of Public Participation: Engage, Educate, and Empower NDC’s “Three E’s” approach recognizes the complex and daunting nature of districting and redistricting projects, while emphasizing the importance of public participation in such projects.

Given the complexity of the issue, the public cannot be expected to jump in with constructive ideas and input without encouragement. So NDC’s approach begins with the first “E”: Engage. NDC works with our clients to get the word out about why the project matters – and how input from residents can be a decisive element of the project.

Once their interest is engaged, the second “E” is Educate. Most media coverage of this topic focuses on congressional gerrymandering, giving the entire field a tainted and hopeless feel. NDC works with our clients to explain how local districting and redistricting is based on neighborhoods and communities – not national politics. We educate the public on the data, requirements and goals of redistricting, and on the many options residents have to formulate and share their own maps or other constructive input.

The third “E” is Empower. For those projects where the level of public interest and engagement justify the expense, NDC offers an unmatched array of paper, Excel-based, and online mapping tools that residents can use to draw detailed, population-balanced maps for consideration by the jurisdiction.

When included in a project, NDC has seen considerable public interest in these optional public participation tools. Often five, ten or even twenty or thirty draft maps are proposed by community residents. And NDC developed a highly refined and proven methodology for efficiently guiding our clients through selecting and refining a map, even when starting from 10, 20, 30 or more initial draft maps.

For those jurisdictions where the expense of the optional mapping tools is too high, NDC always welcomes any letters, comments, or hand-drawn maps that residents wish to submit during the districting or redistricting process. 30 ~ NDC
National Demographics Corporation

For every project, at no extra expense, NDC includes an online “interactive review map” that allows residents to analyze draft maps zooming in and out, searching for specific addresses, and by changing between street maps, satellite images, and other underlying base maps.

Samples of these tools are shown on the following pages, and additional details on each of them appears later in this proposal.

Sample Online Mapping Tool
31 ~
NDC
DRA2~
Lodi T
13,822
ft lib "' ~ County City ! 508 T+ • •' ..,. c;.,.z Precinct Bloc k ! ~ ,..,.. - District Selector
Di stric1 Populatioo Devi ation
1 3,8 22 .. ,
0 , 12,53 7 -777
0 , 1 2,928
0 , 13 .841
~ ol 1 3.441 m
Colors
Overlays
m Background Map
er. District Li nes Ll!J Labels
m Precinct lines IS Labels ...

O County Lines l!'J Labels
0 Ci1 y lines IS Landmarks
Custom Overlays
Overlays
No overlays added
0_ District Details #
Total Pop (Adj) 2020
Po p ' Tot•\ 13.822 100.0"';.

Wh ite
Hi1p1ni<: 3,243 23.5'-
al.ck
A1i•n t.1 25 8.1'-
Pa cific " o., ...

Citizen VAP 2019
To:al
Pop
10,297 10 0.0 "';. j
7039
u ,01 15.6"'.
8 1 0.8".
487 4.7 ...
165 1.6 ...

P,1cific 0.0";.
◄ +
~
,,..,.
-
292
....
1,060
C 2022 Dave's Redistricting, LLC.
4 1.233
..... ,,,,, 1,187
I 973 2 B2ll
1,185 ,...,.

1.253 ,.no
1,146 1""3
.,.. 1,633
1,607

1.172

1.396
-
1,391
.. 7'
ID Mi!R11 ~ statistics II @!) Analyze I[ -+~ compareljk: Adv anced I O Precinct Det ai ls
1,525
1,397
1,747 3

1.261 1-
Part of Block Group 1
from 35 blocks (31
Tot al Pop (Adj) 2020
Citizen VAP 2019
Tot• I
Whit e
Pop
1,163 ... '" "
1,367 1,703
1,152
5 1.290 2.121

1.450
2,008
1,232 ~ F
"' ~ i
i
1,030
Map sa ved to server.

Cl Mapbox ~ OpenStreetMap Improve this map
Pa, ,; ific:
" ,0
National Demographics Corporation

Sample Public Participation Mapping Tool
32 ~ NDC
Public
Participation Kit
J"::1 ·It num lx;r imlicar ·s the total
populatit>n of th:tt "population
unit" aren. Each district muse hn,·c
e,,eoti:illy equal popul:uio11.
·I1,c• pop11ln1inn nf Nich of 1lu:
live di~tnct!- mu~t IJl· dose co
7,44 7, with no more than :t
745 difference between the fargcsc
:tad ,nrnUc. L.

Phont or tmail:
en 10 drnw yaur m:afi:, th n
,uhmi1 i1 at it) 11,lll onlin'<.th·
IO our proJC(." con11,uh;a.nLS::
~11hn1if;ieinn(n}l\'[')C: l'('ic1lrch .<n 1'l
l'U Lk>• 5271. vle11J•!c, C.\ 9 1221
Ynu c::i n !\nd-dcb·cr, nutl, I.I", ~.1n
11ml , .mill 11.•r l)h11.•liJC-,."'UPh t•uO -::.mtil
l0 H5 CALIPER
:\n nnlin v~~inn nf 1h i< ms,p rhar
-allows :; u o l.oum w an<l o c
•, ..
. . ..... :=J
National Demographics Corporation

Sample NDC “Interactive Review Map”
(used to view and evaluate, not to draw, maps)
33 ~
NDC
I , . I
Los A.lamito.:s USO Di:stiiicting 2'01!3 0..
---------------------------------
1 t C -t- 8 - - ---.- - - - --- --- - -- - -------- --- mo r
I.CIS AI. Hlgh ,1
ale
n AvI I
u
./ Ba;. -Seleo:te Gre-en 4 ap
Sc.l)()OIS )
LAU '[J C.::ens:u l:lh:ickS
DJ:; c- llow 3, (Foru-:; l1c1p 1
Orange 2 { 11 led1 .'7J
OC Green 3 {E ~i a.:ed 1
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I !){; 01t:11!!.1t:: (Ehn 1111'11 12110]
DC Yellow r ina.ted 2,·
ll
'! .. " E " IIQL rd A, ,,, ..J
1 ;"] Ill
~
~
~ Li
.J
National Demographics Corporation

Districting and Redistricting References
All of NDC’s former clients – without exception – can be contacted for references. The following is only a sample of references:

Mr. Graham Mitchell. City Manager. City of El Cajon. 200 Civic Center Way. El Cajon. CA 92020. (619) 441-1716. [email protected].

Mr. Jason Stilwell. City Manager. City of Santa Maria. 110 E. Cook Street. Santa Maria. CA 93454-5190. (805) 925-0951 ext. 2200. [email protected].

Mr. Marcus Walton. Communications Director. West Contra Costa Unified. 1108 Bissell Ave., Room 211-215. Richmond, CA 94801. 510-205-3092. [email protected].

Mr. Jonathan Vasquez. Superintendent. Los Nietos School District. 8324 S.

Westman Ave., Whittier, CA 90606. (562) 692-0271 Ext. 3212 [email protected].

Mr. James Atencio. Assistant City Attorney. City of Richmond. 450 Civic Center Plaza. Richmond, CA 94804. 510-620-6509. [email protected].

Mr. Darrell Talbert. City Manager. City of Corona. 400 S Vicentia Avenue. Corona.

CA 92882-2187. 951.279.3670. [email protected].

Mr. David Silberman. Deputy County Counsel. San Mateo County. 400 County Center. 6th Floor. Redwood City. CA 94063. 650-363-4749 [email protected]. 34 ~ NDC
National Demographics Corporation

Additional Details of Optional Project Elements
Advisory or Independent Redistricting Commissions
NDC anticipates that many California jurisdictions will create advisory or independent commissions to manage the redistricting process. NDC welcomes the use of such commissions, and our pricing does not change for jurisdictions creating commissions. But the creation, training, operation and reporting of such commissions often leads to more meetings (and a resulting increase in the “per meeting” project expenses) than a traditional redistricting process conducted primarily by the jurisdiction’s elected leadership.

Outreach Assistance
NDC brings topical expertise to your jurisdiction’s outreach efforts, and NDC makes available to all clients our library of sample outreach materials including op-ed articles, postcards, utility bill inserts, flyers, and social media messages.

NDC provides all of these materials along with our advice and input on outreach strategy and materials to any interested jurisdiction, but we do not have graphic artists to customize or design such materials in-house.

For larger-scale outreach efforts, especially where jurisdictions wish to send representatives out to regular meetings of existing community organizations, NDC typically works together with a jurisdiction’s in-house communications staff and/or with one or more outreach organizations. We often work with, and highly recommend, Tripepi-Smith, and some information on the services they offer is included at the end of this proposal. And we would be happy to work with any in-house team at the jurisdiction or with any firm or organization the jurisdiction selects. Many projects can be handled by a jurisdiction’s in-house or regular outreach and communications teams (with samples and topic expertise provided by NDC), but a number of jurisdictions seek supplemental outside communications assistance.

Project Website
NDC provides all project materials in website-friendly formats for posting on the jurisdiction’s website. At no cost, NDC will provide project website samples and website language for use on the jurisdiction’s project website. But for jurisdictions that prefer not to take on the challenge of creating and managing a rapidly-changing project website, NDC will create, host, and update project website (below is an image of one such site).
35 ~ NDC
National Demographics Corporation

Online Mapping Tool for Public / Resident Use
NDC is the unmatched leader in redistricting tools that empower residents to review draft maps and to develop and submit their own map proposals. NDC is the only firm that has used the online mapping solutions from both ESRI and Caliper Corporation in major redistricting projects.

In literally hundreds of local redistricting projects, NDC has successfully trained members of the public, processed public map submissions, and presented the public map proposals to public hearings and commission meetings. NDC’s online mapping tool options provide user support, hosting, managing, and processing submitted plans in an online interactive system that allows public to draw and submit proposed maps through a standard web browser. Our current preferred public online mapping tool is DRA (detailed below), however if the client prefers NDC also has extensive experience with a number of other options currently available (though often at significantly higher prices). 36 ~ NDC
CITY Uf =
GOLET/\
G Select l anguage .,. II Welcome Schedule Draft Maps Draw A Map FAQ Resources Contact Home
The City of Goleta, like hundreds of cities and school districts across the state, is making a change in how voters elect its City Council. Beginning in 2022, voters will vote for one City Council member who lives in their' district. This will re place the current system of at-large citywide elections in which vote rs have the ability to vote for all City Council members.

We need your help to make this change and draw new City Council districts! One of our primary goals when drawing City Council districts is to draw lines that keep neigh borhoods together. So we want to know: What do you consider the boundar'ies of your' neighborhood? Share your specific thoughts, draw a map, or attend an upcoming workshop to get involved! Districting is important because it will determine how our neighborhoods will be rep resented on City Council. Help us draw the boundafies- get ideas with the City's StoryMap. You can use the StoryMap to explore the many different types of potential com munities of interest in our City.

Sign up hete to teceive emails and/ol' text messages from the City on disttict elections and othel' important ptojects and ptogtams.

Next Steps
Saturday, June 26, 11 AM (In-Person Workshop}:

Community workshop to inform and educate the
public on district~based elections.

Monday, Au gust 2, 6 PM (ln-Petson Wor-kshop):

Community workshop to inform and educate the
public on district-based elections. First public
hearing to solicit "input regarding the composition
of the districts" prior to drawing the draft maps.

News
Join Us THIS Satutday for In-Person Disttict
Elections Wotkshop
City of Goleta's District Elections Ptocess
Officially Underway
KEYT-Goleta Invites Public Input before
Drawing Disttict Lines
Noozhawk - Goleta Ptesents Online Tool During
Fir-st Public Wotkshop About Distr-ict Elections
National Demographics Corporation

DRA Online Mapping Tool
DRA is a simple paintbrush-based tool the public can use to draw and submit proposed draft maps.

Residents simply go to the website link, overlay any of the many demographic shadings they wish to see, and then “paint” the Precincts or Census Blocks that are part of the neighborhood or community of interest they wish to see kept together.

NDC provides both short and in-depth “how to” videos on use of the DRA tool. It is both simple to use for everyone and full of powerful analytic analytics for the “power user” who want them.
37 ~
NDC
Lodi ~
- 13,822
ft d.11 ~ .4 County City
508 T+ • • • ~ Precinct Block
District selector "" 0. District Details #
District Populatioo Deviation
0 "" O
El l 1 3.822 "''
El , 12.537 -n,
0 , 12,928
El , 1 3.841
El ' 0 13,4.:11
Colors
overlays
S Background Map
11 District Lines S Labels
S Precinct Lines S Labels ....

O County Lines f2 Labels
527
127
QCitylines r; Landmarks
Custom Overlays
Overlays
No overlays added
Total Pop (Adj) 2020
Pop ' ~ Total
Whil:e
Hispanic
Black
Native
Pacif ic
13,822 100.0"l.
8935 64.7".

3.2-13 23 .5".
208 1.5'.

1.1 2s a_, ._
510 3.7".
95 0.7';
Citizen VAP 2019
Pop
Total 10,297 100.0". j
White 7,939 77. 1"1.

Hispanic 1 607 15.6 ...

Black a, o.s•.
,a1 4.7"'i.
165 1.6".

0.0'%.
+
,.m
-
,.
292
,...
1,ttl
1,139
2J)60
~ 2022 Dave's Red1stncting, LLC.
1,4117 vm
973
1,185
1,2S3
4 1,14
7!i9
Ui07
1,172
1,233
1,396
1,187
984
2 828
1,603 1,391
1,770 1367
1,152
1,603
1,633 1.290
1111 ,71
[ a M.i!P. II li§statistics II @!) Analyze II ➔~ Compare II ~ Advanced I o Precinct Details
►
1,525 908
Part of Block Group 1
from 35 blocks [3[
Total Pop (Adj) 2020
Total
White
Hi spil nic
Black
A11 i1n
r-la tive
Pil c ifi c
Pop
908 100.0'-
628
168
17 78
36 69.2'-

18.5,.
"' 8.6,.

4.0'-
Citizen VAP 2019
Totill
Wh ite
Hispil nic
Black
Pop
663 100.0%
554 83.6%
55 8.3'-
35 10
1,703 Pil cific
2,008
1,232 i (>
5 ~ 3.
s ¥
Ii

2.121 '"
1,030
Map saved to server.
© Mapbox@ OpenStreetMap Improve
~
this map
National Demographics Corporation

Paper-based Public Mapping Tool
While online mapping tools are
very popular, NDC never
forgets those residents who do
not have internet access or who
simply prefer to not drawing
maps online.

At no cost with every online
mapping tool, and as a separate
option for jurisdictions that for
budget or other reasons do not
include an online mapping tool,
NDC offers our “Public
Participation Kit.”
The Kit is a simple one-page
map showing streets, city
borders, and population counts
for NDC-created “Population
Unit” geographic areas.

Residents draw the map they
wish to propose and add up the
population counts by hand
until they get the right
population count in each
district. All of the directions
needed are right on the singlepage form. Examples of these tools, from our work for the City of Lake Forest, are available here: https://drawlf.org/draw-a-map/.

Other Potential Project-Related Expenses:

The most common additional project expenses would be any site or staff costs for conducting the community forums and the cost of printing or copying paper copies of the “Public Participation Kit.” In NDC’s experience, most participants will download and print the Kits in their own homes or offices. 38 ~ NDC
Public £:.;·•~~~ i\n nnliri.c ,~B1n1l nf rhi~ map rh,,r :'"\· ....... _ .. r\8&1: ... ~ . ~.-!~•·•·~. all()\\" ru u ru zoom in :tlld out for , ... ._. " '" rourt ,lc1:1i1 '. :I\Ailal1lc ~ n Jiri k Participation Kit f ,-;.; .'77 i .,., , -..::-·. from 1 0 C: i~ " <l>sirc. r-.ach 11 umbcr i11d icatc
pop ulation uf that "pop
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esseotiallr equal pnpula
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National Demographics Corporation

Conclusion
Since its founding NDC has been the nation’s preeminent company devoted to local election systems. To summarize:

1. NDC has more experience in the field of municipal political election systems than any other company.

2. NDC’s experience and expertise has been recognized by our hundreds of clients, the California League of Cities, the California School Board Association, the California Special District Association, and the National Conference of State Legislatures.

3. NDC, founded in 1979, has a demonstrated record of financial solvency.

4. NDC’s hardware and software resources were specially designed and acquired for districting and redistricting purposes.

5. NDC’s highly respected personnel have impeccable credentials in each aspect of the districting and redistricting processes.

6. NDC’s suggested approach has been tested in many jurisdictions.

7. Any NDC client can be contacted for testimonials and reference.

8. NDC has demonstrated experience over many years in working with the press and media on local election system issues.

9. Neither the Justice Department nor any Court has ever rejected any of the hundreds of local government districting or redistricting plan submitted by NDC.

NDC takes pride in tailoring each project to the needs and goals of each individual client. NDC is open to any feedback, concerns, requests, or changes regarding this proposal.

NDC looks forward to the opportunity to work with you on this project. 39 ~ NDC
Attachment 6
4857-1066-2250 v1
RESOLUTION NO. 23-86

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE, CALIFORNIA, AWARDING A PROFESSIONAL SERVICES

AGREEMENT TO NATIONAL DEMOGRAPHIC CORPORATION FOR
DEMOGRAPHER SERVICES RELATED TO TRANSITIONING TO BYDISTRICT ELECTIONS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN AN AMOUNT NOT TO EXCEED $65,000 WHEREAS, on August 15, 2023, the City Council adopted Resolution No. 23-85, declaring the intention of the City of San Clemente to transition from at large to by-district elections for its City Council; and
WHEREAS, the City requires the services of a professional demographer to assist in the transition to by-district elections; and
WHEREAS, National Demographics Corporation dba National Demographic Corporation (NDC) has extensive background working with Cities throughout California related to transitioning to by-district elections and is qualified to provided the professional demographer services that the City needs; and
WHEREAS, on June 26, 2023, NDC provided the City with a proposal for professional demographer services with fixed prices based on specified task and such prices are fair and reasonable.

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

Section 1. That the above recitals and true and correct and incorporated herein as findings.

Section 2. That the City Manager is authorized and directed to execute a Professional Services Agreement with NDC for an amount not to exceed $65,000 in a form substantially similar to that presented to City Council on August 15, 2023.

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 August 15, 2023.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
40 Resolution No. 23-86 Page 2
4857-1066-2250 v1

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. 23-86 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of August 2023, 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:
_________________________
Elizabeth A. Mitchell, City Attorney
41 CITY OF SAN CLEMENTE

PROFESSIONAL CONSULT ANT SERVICES AGREEMENT

1. PARTIES AND DATE.

Attachment 7
This Agreement is made and entered into this 15th day of August, 2023, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio, San Clemente, California, 92673 ("City") and National Demographics, Inc. dba National Demographics Corporation, a California corporation, with its principal place of business at P.O. Box 5271, Glendale, California 91221 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provIsIon of certain professional services related to the City's transition from at-large to by-district elections as required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional demographic consulting services to public clients, is licensed in the State of California, if applicable, is duly organized and existing under the laws of the State of California, is duly registered and authorized to do business in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional demographer consulting services for the transition from at-large to by-district election services project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 19, 2023 until the Services set forth in Exhibit A are satisfactorily completed, unless earlier terminated as provided herein. Consultant shall complete the Services according to the schedule set forth in Exhibit "B" hereto, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. 42 43
Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Endorsement on PS&E/ Other Data. Consultant shall sign all plans, specifications, estimates (PS&E) and engineering data furnished by Consultant, and where appropriate will indicate Consultant's authorized signature and professional registration number.

3.2.4 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.5 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other person_nel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Laura Campagnolo, City Clerk.

3.2.6 City's Representative. The City hereby designates Laura Campagnolo, City Clerk, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.7 Consultant's Representative. Consultant hereby designates Douglas Johnson, or his/her designee, to act as its representative for the performance of this Agreement 2 55452.01100\31 193624.5
44 ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.8 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.2.9 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.10 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3 55452.01100\31193624.5
45 3.2. 12 Insurance. Consultant agrees to procure and maintain, at Consultant's expense all insurance specified in Exhibit "C" attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including reimbursements authorized in advance, for all Services rendered under this Agreement at the fixed rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed fifty five thousand dollars ($65,000) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

Such approved Extra Work requires City Council authorization.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City in advance and included in Exhibit "D" of this Agreement.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit "D" may be adjusted each year at the time of renewal as set forth in Exhibit "D."

3.3.6 Labor Code Requirements.

3.3.6.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq. , and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"}, which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1 ,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the 4 55452.01100\31193624.5
46 project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.6.2 Registration. If the Services are being performed as part of an applicable "public works" or "maintenance" project, in addition to the foregoing , then pursuant to Labor Code sections 1725.5 and 1771 .1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to Services performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen ( 15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated .

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
5 55452.01100\311 93624.5
47 Consultant: National Demographics Corporation
P. 0 . Box 5271
Glendale, CA 91221
ATTN: Douglas Johnson, President
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Laura Campagnolo, City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known , to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall 6 55452.01100\31193624.5
48 indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

3.5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.5.6.2 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.

3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiatio.ns, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5. 10 City's Right to Employ Other Consultants. City reserves right to employ 7 55452.01100\31 193624.5
49 other consultants in connection with this Project.

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.13 Construction; References: Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.5.14 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom , estoppel, or otherwise.

3.5.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission , percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to 8 55452.01100\31193624.5
50 initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.22 Counterparts/Electronic Signatures. This Agreement may be signed in electronically and in counterparts, each of which shall constitute an original for all purposes.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
9 55452.011 00\311 93624.5
51 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

ATTEST:

CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:

Finance Authorization
55452.01100\31 193624.5

CITY OF SAN CLEMENTE
By: _____________ _
Andy Hall, City Manager
Dated: _________ , 2023
National Demographics, Inc. dba National
Demographics Corporation, a California
corporation
By: $__,.4yL---
("CONSULT ANT")
Douglas Johnson, CEO/Secretary/Treasurer
Dated: August 9 , 2023
10 52
EXHIBIT "A"

SCOPE OF SERVICES
Consultant shall perform the following Services as requested by the City:
• Districting Project Setup and Coordination:
o Development of demographic database including Census Bureau and California Statewide Database data of total population, citizen voting age population, voter registration, voter turnout, and socio-economic data on language spoken at home, renters vs homeowners, age, education level, and other factors useful in identifying communities of interest;
o Incorporation of any Geographic Information System (GIS) data that the jurisdiction wishes to include and provides (often including school locations; school attendance areas; important local landmarks; or local neighborhood boundaries); o Initial telephonic discussion with about data, communities of interest, schedule, criteria and special concerns of the jurisdiction;
o Assist jurisdiction with developing a communications plan for public outreach, including suggestions for webpage content and design, public feedback logistics, and strategies for engaging constituents;
o Assist jurisdiction with developing a project plan , including a detailed timeline, goals and objectives, and specific deliverables list;
o Provide progress reports on an as-needed basis as determined by the project manager and meet regularly with project team;
o Any phone- or web-conference calls to discuss the project's progress or to answer any questions that may arise;
o Provide education and guidance on required redistricting criteria, and advice on selecting optional redistricting criteria, for staff and elected officials; • Districting Plan Development:
o Creation of 2 to 4 initial draft maps;
o Analysis and preparation for presentation of all whole or partial plans submitted by the public;
o Conversion of all maps and reports to web-friendly versions; o Online posting of all maps to an interactive review website; o Create any requested additional and/or revised maps as requested ; • Plan implementation:
o Provide spatial data in GIS-friendly format of any dataset used or created for this project to staff upon request;
o Work with the County Registrar of Voters to implement the final adopted plan; • Project Options (if requested by the City)
o Number of virtual or in-person meetings (and resulting per-meeting fee); o Consultant-prepared and -managed project website;
o Online mapping tool allowing residents to draw and submit maps; and o Paper-based mapping tool allowing residents to draw and submit maps. 11 55452.01100\31 193624.5
53 Attachment 5
EXHIBIT"B"

SCHEDULE OF SERVICES
Consultant shall timely perform the Services to enable the City to meet the following schedule:

Date Event Comment
July 10, 2023 Receipt of demand letter
August 15, 2023 City Council adopts Mapping tools will be made Regular City Council Resolution declaring its available shortly after adoption Meeting intention to transition from at- of the Resolution of Intention. large to by-district elections
and holds first public hearing.

August 24, 2023 45 Days from July 10, 2023 See Elections Code section 10010.

September 5, 2023 Second Public Hearing Before maps are drafted by Regular City Council demographer. Must occur
Meeting within 30 days of first public
hearing.

September 14, 2023 Deadline for the public to Draft maps must be posted for submit any proposed maps. at least 7 days before the third public hearinc::i.

September 21 , 2023 Posting deadline for all maps Draft maps must be posted for (public and consultant). at least 7 days before the third public hearing.

October 3, 2023 Third Public Hearing Regarding content of draft Regular City Council maps and sequence of
Meeting elections.

October 10, 2023 Post any new or amended Draft maps must be posted at maps and potential sequence least 7 days before fourth public of elections hearing
October 17, 2023 Fourth public hearing: Select Regarding content of draft Regular City Council Map. Council introduces maps and sequence of Meeting ordinance establishing district elections. Fourth public hearing elections, including district must be within 45 days of third boundaries and election public hearing.
sequence
If selected map is amended,
there must be time for posting
(at least 7 days) and another
public hearing to introduce the
ordinance before expiration of
the 90-dav safe harbor period.

October 26, 2023 Optional fifth public hearing Only necessary if posted map is (Special Meetinc::i) chanc::ied
November 7, 2023, 2nd reading of Ordinance and Last regular City Council Regular City Council Ordinance adopted meeting before 90 days expire Meetinc::i
54 November 13, 2023 90 days after August 15, 2023 See Elections Code section 10010.

November 5, 2024 First election using districtbased seats November 3, 2026 Second election using district
based seats
2 55
EXHIBIT "C"

INSURANCE REQUIREMENTS

3.2.12 Insurance.

3.2.12.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001 , or the exact equivalent, with limits of not less than $1 ,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions ( 1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1 ), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1 ,000,000 combined limit for each occurrence (1) a Personal Automobile Liability policy for the Consultant's own vehicle stipulating "Automobile Liability Insurance with a limit of not less than $1 ,000,000 each accident"; and (2) a non-owned auto endorsement to the Commercial General Liability policy if Consultant uses vehicles of others (e.g. , vehicles of employees).
(C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1 ,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant's profession with limits of not less than $1 ,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing , underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. 55452.011 00\31193624.5
56 3.2.12.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.12.4 Professional Liability (Errors & Omissions):
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must "pay on behalf of' the insured and include a provision establishing the insurer's duty to defend.

3.2.12.5 Workers' Compensation:
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.12.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Consultant or others providing 55452.01100\31193624.5
57 insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require simi lar written express waivers and insurance clauses from each of its subconsultants.

3.2.12.8 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention .

3.2.12.9 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies , or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.12.1 0 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.

3.2.12.11 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A- VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.2.12.13 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.2.12.1 4 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing 55452.011 00\31193624.5
58 subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant's subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant's compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
55452.011 00\311 93624. 5
59 WORKER'S COMPENSATION INSURANCE CERTIFICATION

WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKED)
I
i
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation , as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.

I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract. My workers' compensation insurance carrier and policy number are:

Carrier Employers Preferred Insurance Company
Policy Number_E_IG_5_0_4_8_47_3 ______________ _
I certify that, in the performance of the work under this Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agree to indemnify, defend, and hold harmless the City of San Clemente and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arising out of my failure to provide such worker's compensation insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.

WARNING: FAILURE TO SECURE WORKERS' COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENAL TIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.
55452.011 00\31193624.5
60 Dated: August 9 2023 ' --
National Demographics, Inc
("CONSUL TANT")
Douglas Johnson
By:

President
Title
PO Box 5271
Address
Glendale, CA 91221
55452.01 100\31193624.5
61 EXHIBIT "D"

COMPENSATION
In complete compensation for the Services provide by Consultant under this Agreement, the City shall pay Contractor the following fixed prices for the following tasks as requested by the City. Total payments under this Agreement shall not exceed sixty five thousand dollars ($65,000.00).

Demogrnphic Profile and Te t Map(s)
Anal! sis, rcpnr1 . nd (111 (· pr..:s 111 :Hic>n ,if r 'sul r~ .... .................. ............... S -t.,5ll0 .·\ n~ :1 ddi1 ic 111 ;1I \ irr u:1 I pr1... 5,·nr:11 ion 1jf rn1ue~rt-..l b, p,risdini.,n; .................... - 1,5 0() :\n~ in-p r s.on m ·u ing pn;,; ·nrario n ;if fr,1u,•q,•d h, 1uri,dirri"n: ................ S 3,000 Polari zed Voting Analysis (if n ecessa ry)
P..:r ' kcri1111 com s1 .urnl~,. d ................... .. ........... ......................... ............. - 1,500 R ·porr :1nd on phon / \ irr u:1 1 fH,'. S ' n 1:11i1in 1J f rc5ul1 s ...... ...... " ". ddimmal cosr :\ n! :1ddirio11 :1I \ irr u:1I pr )i.:n r ar i, 111 1i f rc-,11.r<;••·d b,· 1uri~d,ci<>r: ............. ....... - I ,S t JO :\ n:i in-p 1' ~011 rn,· I ing pn ~.;nr,ll ion fir re- 11-·s;r,d hY jnrisdinioc~ ................ - \Ol)O Di trictin o (if neccssar~.-)
I. Districtinrr P roj ect Element: (( onr, 1·n•ff-hmg
lisr ·d .1b,j\·,- nc,·pr r, ,r rwr m,ning .rntl " pri"na l ~'.\ r ~n~t·s,:: .. .. .. ..... ..... ......... .. .. 22.501)

2. Per-Meeting cxpcn c;
• [ n-pc.. r~( 111 .11 1 ~·nr.l:1 nn ·, pc:r mn·1 in . .................. ................... ....................... - 3,( 100 • \'in u:11 (rckphoni c. 7.rn Jm, 1c,; a11 -·nd:1 nc1.-, p 'rm ·!.'.ring...................... 1,500 Fur ,·:Kti nw,·ring, "- 0 (- -u·ill pn·p.,r,· m,·,·ring n .Hn1,1 ls, inclu,hng pn·-t·nr.tri"n n- ,,wri;iis :ll <l maps, pr,.-:,1 r :11 J <x pl.lin ' ·\- n,nr,·pts, including 111;111d,n,n· .1nd rr:1diri 11 nai .-,- lisri;nirc crirni:1 ,i n d ··co111m1,--,i-i,s 11 f inr,.·r,•,i'', faci lit;ir, con\·,,.- .,ri , ,ns; answer uc· rions, ,,nd g:irhc-r frc-dh a(· on ,·xisnng .ind pn ,posnl buun,.l,1n,·s. Pc·1· mc-c.·n ;,! pnn·s ind11, k :111 rr:w~I .ind" hc-r ~nric1[1',1Tt'd nw,·rinp r··l;,1t·d ,·xp,·ns,·s. ·1 ,·kpi111n, c»lis r" .rnsw,·r <-pwsrinns. disc.e:ss pr<•Ji::cr sra n,s. ,1rd 11 rlwr st,1n<:hrd pr11j,·c 111:rn.1'.(t·nwnr r:isks du ,,r counr as rnn·rings .,n,-J du nor r:.·sulr in ~n, chMgc-.

3. Optio nal Project Element.:
:-t) P1·oj ·er \\(b. ir.· ·············-·····•·-··········· .. ·····················•·-·······-· .... ............... - 5,500 b) Public m:1ppi n1; 100l 1Jp1ion,:
• O nlin :1nd p;1p ·rs, ~11..:m includ ing all c:I ·nicnt, h ·lo\\' .............. 4J)0f) • DR .\ ,,w n ts\ ;,. 11,,. 11n li n,· m,1ppin.14 rrn,I. a]s;o ~'1t>W!1 .,s "D,n-,'s R,disrri..:rin.~ .\pp",
• Pu blil P;orririp,1i1on 1--.H p-:1p,·r :rnd f-xn·l h.1-'<nl nupp1t1t! ro"l c) Public P:m ic ipa tiun l(i r m;1ppin: ronl :1lnn , ......... ......... ...... ...... ... ..... - 3 llOCI 55452_01100\31193624.5
62 4. Additional Analysis
If the City requests any other analysis, Consultant will assist with any such demographic analysis or other work that the City requests at Consultant's standard hourly rates as follows:

Principal (Dr. Douglas Johnson) ................ . $300 per hour Vice President (Justin Levitt) .. .... ................. $250 per hour Senior Consultant ........ ................................ .. $200 per hour Consultant ........ .......................... ................... $150 per hour Analyst/ Clerical ...................... ..................... $50 per hour Dr. Johnson is also available for deposition and/or testimony work if requested by the City, at $350 per hour.
55452.01100\31193624.5
National Demographics Corporation
San Clemente
Scope of Work and Cost Proposal

June 20, 2023
Districting Scope of Work
 Districting Project Setup and coordination:
o Development of demographic database including Census Bureau and California Statewide Database data of total population, citizen voting age population, voter registration, voter turnout, and socio-economic data on language spoken at home, renters vs homeowners, age, education level, and other factors useful in identifying communities of interest;
o Incorporation of any Geographic Information System (GIS) data that the jurisdiction wishes to include and provides (often including school locations; school attendance areas; important local landmarks; or local neighborhood boundaries); o Initial telephonic discussion with about data, communities of interest, schedule, criteria and special concerns of the jurisdiction;
o Assist jurisdiction with developing a communications plan for public outreach, including suggestions for webpage content and design, public feedback logistics, and strategies for engaging constituents;
o Assist jurisdiction with developing a project plan, including a detailed timeline, goals and objectives, and specific deliverables list;
o Provide progress reports on an as-needed basis as determined by the project manager and meet regularly with project team;
o Any phone- or web-conference calls to discuss the project's progress or to answer any questions that may arise;
o Provide education and guidance on required redistricting criteria, and advice on selecting optional redistricting criteria, for staff and elected officials;  Districting Plan Development:
o Creation of 2 to 4 initial draft maps;
o Analysis and preparation for presentation of all whole or partial plans submitted by the public;
o Conversion of all maps and reports to web-friendly versions; o Online posting of all maps to an interactive review website; o Create any requested additional and/or revised maps as requested;  Plan implementation:
o Provide spatial data in GIS-friendly format of any dataset used or created for this project to staff upon request;
o Work with the County Registrar of Voters to implement the final adopted plan;  Project Options
o Number of virtual or in-person meetings (and resulting per-meeting fee); o Consultant-prepared and -managed project website;
o Online mapping tool allowing residents to draw and submit maps; o Paper-based mapping tool allowing residents to draw and submit maps.

Attachment 8
63 ~ NDC
National Demographics Corporation
San Clemente
Scope of Work and Cost Proposal

Project Pricing
Demographic Profile and Test Map(s)
Analysis, report and one presentation of results ..................................... $ 4,500 Any additional virtual presentation (if requested by jurisdiction) .................... $ 1,500 Any in-person meeting presentation (if requested by jurisdiction) ................. $ 3,000 Polarized Voting Analysis (if necessary)
Per election contest analyzed ...................................................................... $ 1,500 Report and one phone/virtual presentation of results ............ No additional cost Any additional virtual presentation (if requested by jurisdiction) .................... $ 1,500 Any in-person meeting presentation (if requested by jurisdiction) ................. $ 3,000 Districting (if necessary)

1. Districting Project Elements (Covers everything
listed above except for per-meeting and optional expenses): ............................. $ 22,500

2. Per-Meeting expense:
 In-person attendance, per meeting ............................................................ $ 3,000  Virtual (telephonic, Zoom, etc.) attendance, per meeting ...................... $ 1,500 For each meeting, NDC will prepare meeting materials, including presentation materials and maps; present and explain key concepts, including mandatory and traditional redistricting criteria and “communities of interest”; facilitate conversations; answer questions; and gather feedback on existing and proposed boundaries. Per-meeting prices include all travel and other anticipated meeting-related expenses. Telephone calls to answer questions, discuss project status, and other standard project management tasks do not count as meetings and do not result in any charge.

3. Optional Project Elements:
a) Project website ........................................................................................ $ 5,500 b) Public mapping tool options:
 Online and paper system including all elements below .............. $ 4,000  DRA (an easy-to-use online mapping tool, also known as "Dave's Redistricting App")
 Public Participation Kit paper- and Excel-based mapping tool c) Public Participation Kit mapping tool alone ...................................... $ 3,000 64 ~ NDC
National Demographics Corporation
San Clemente
Scope of Work and Cost Proposal

Additional Analysis or Litigation-Related Work
If the City decides to contest a possible CVRA lawsuit, or if there is any other analysis needed, NDC is happy to assist with any such demographic analysis or other work the client requests at our standard hourly rates:

Principal (Dr. Douglas Johnson) ................. $300 per hour Vice President (Justin Levitt) ....................... $250 per hour Senior Consultant .......................................... $200 per hour Consultant ....................................................... $150 per hour Analyst / Clerical ........................................... $50 per hour Dr. Johnson is also available for deposition and/or testimony work if needed, at $350 per hour.
65 ~ NDC

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 8/15/2023 Agenda Item: 7B
Department: Community Development
Prepared By Adam Atamian, Deputy Community Development Director Subject:

INTRODUCTION (FIRST READING) OF AN ORDINANCE TO MODIFY THE DEFINITION OF “COMMERCIAL VEHICLE” AND FINDING THE ORDINANCE NOT SUBJECT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Fiscal Impact:

None.

Summary:

The City Council held a duly-noticed public hearing on July 18, 2023, to consider amendments to San Clemente Municipal Code (SCMC) Title 10 - Vehicles and Traffic to address recreational and commercial vehicles. The public hearing was continued to August 15, 2023 to allow staff additional time to address certain issues.

At this time, staff is bringing forward only a revision to the definition of “commercial vehicle.” The recreational vehicle and associated amendments require additional work and will be brought back at a later date. The proposed commercial vehicle ordinance would revise the definition of “commercial vehicle” in SCMC section 10.04.010(B)(1) to not include pick-up trucks with ladders affixed to utility racks, thus allowing them to park on public streets for more than two hours.

Background:

At its meeting of February 21, 2023, the City Council, in response to multiple complaints about the long-term parking of recreational vehicles, directed the Public Safety Committee to review the City’s existing parking regulations related to recreational vehicles and forward a recommendation to the Council for opportunities to improve such regulations.

An ordinance to effectuate these changes was presented to the Council at a public hearing held July 18, 2023. That proposed ordinance included amendments to SCMC Section 10.04.010(B)(1) - Definitions. As part of Council’s consideration, staff indicated that at several City Council meetings in the prior year, discussions have occurred about the potential to modify the City’s existing regulations related to parking pick-up trucks with ladders attached to a utility rack. Staff recommended that the definition of “commercial vehicle” in SCMC Section 10.04.010 could be amended to remove pick-up trucks with ladders attached to a utility rack from being considered commercial vehicles for purposes of the City’s parking regulations.

The public hearing of July 18, 2023, was continued to August 15, 2023. Staff requires more time to work on the recreational and associated vehicle amendments. In the meantime, staff is bringing CITY OF SAN CLEMENTE Page 1 of 3 Printed on 8/10/2023
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Meeting Date: 8/15/2023 Agenda Item: 7B
forward only an amendment to the definition of “commercial vehicle.” The proposed ordinance, provided as Attachment 1, includes the applicable section of the code that could be modified to address the definition of “commercial vehicle”. Ultimately, the prohibition on parking trucks with ladders stems from the definition of “commercial vehicle.” The existing code includes a definition of “commercial vehicle” which states that a pick-up truck is not considered a commercial vehicle unless “…(3) the vehicle has been modified to include a rack extending over the length of the vehicle's bed which currently has goods or wares of a commercial nature stored thereon.” The proposed ordinance modifies part (3) of this definition to read (underlined text indicates portion proposed to be added) “…(3) the vehicle has been modified to include a rack extending over the length of the vehicle's bed which currently has goods or wares of a commercial nature, with the exception of ladders that do not extend beyond the horizontal limits of the vehicle, stored thereon.” This modification would allow pickup trucks with ladders attached to a utility rack to not be considered commercial vehicles and thus allowed to park for more than two hours on City streets.

Council Options:
· Introduce Ordinance No. 1755.
· Modify and then introduce Ordinance No. 1755.
· Do not introduce Ordinance No. 1755.
· Continue the Item and direct staff to provide additional information.

Environmental Review/Analysis:

The proposed ordinance does not qualify as a “project” because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, § 15378(a).) The language merely modifies existing restrictions and prohibitions, absent an applicable exception, regarding the parking of commercial vehicles on public property. In the alternative, the City Council can determine that the proposed ordinance falls within the “common sense” exemption set forth in State CEQA Guidelines section 15061, subdivision (b)(3), which exempts activity from CEQA where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Here, it can be seen with certainty that there is no possibility that the proposed ordinance may have a significant effect on the environment because the proposed ordinance simply modifies existing restrictions and prohibitions regarding the parking of commercial vehicles on public property; the proposed ordinance will not result in any development or in any new activity with the potential to impact the environment.

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council introduce and conduct a first reading of Ordinance NO. 1755 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION 10.04.010(B)(1) OF THE SAN CLEMENTE MUNICIPAL CODE

RELATING TO THE DEFINITION OF COMMERCIAL VEHICLE AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.” CITY OF SAN CLEMENTE Page 2 of 3 Printed on 8/10/2023
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Meeting Date: 8/15/2023 Agenda Item: 7B
Attachment:

1. Proposed Ordinance to amend the definition of “Commercial vehicle” in SCMC Section 10.04.010 (B)(1) - Definitions.

Notification:

Public notice published in the San Clemente Times for the July 18, 2023 public hearing. At that meeting, the subject public hearing was continued to August 15, 2023.

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ATTACHMENT 1
ORDINANCE NO. 1755

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AMENDING SECTION

10.04.010(B)(1) OF THE SAN CLEMENTE MUNICIPAL

CODE RELATING TO THE DEFINITION OF
“COMMERCIAL VEHICLE” AND FINDING THE

ORDINANCE NOT SUBJECT TO THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of San Clemente, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City Council desires to reduce restrictions on the parking of commercial vehicles in response to public comments received during multiple public meetings; and
WHEREAS, at its meeting of July 18, 2023, the City Council held a duly-noticed public hearing to consider the City’s existing code pertaining to commercial, recreational, and wide vehicle parking, including various definitions for such, and continued the public hearing to August 15, 2023; and
WHEREAS, modifying the definition of “commercial vehicle” in the San Clemente Municipal Code is in the best interests of the City and the public; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

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

Section 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated as findings as if fully set forth herein.

Section 2. CEQA. The City Council finds that this Ordinance is not a “project” subject to the California Environmental Quality Act (CEQA). The Ordinance does not qualify as a project because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, § 15378(a).) The language merely modifies existing restrictions and prohibitions, absent an applicable exception, regarding the parking of commercial vehicles on public property.

The City Council also finds that the Ordinance falls within the “common sense” exemption set forth in State CEQA Guidelines section 15061, subdivision (b)(3), which exempts activity from CEQA where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Here, it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment because the Ordinance simply modifies existing restrictions and prohibitions, absent an applicable exception, regarding the parking of commercial 4 Ordinance No. 1755 Page 2
vehicles on public property; the Ordinance will not result in any development or in any new activity with the potential to impact the environment.

Section 3. Code Amendment. The definition of “Commercial vehicle” is hereby revised in Section 10.04.010(B)(1) – Definitions, of the San Clemente Municipal Code, to read as follows (underlined text indicates portion to be added):

1. "Commercial vehicle" means any vehicle meeting the definition of "Commercial Vehicle" in Section 260 of the California Vehicle Code, as that definition may be amended from time to time; provided, however, that for the purposes of this chapter no "Pick Up Truck," as that term is defined in California Vehicle Code Section 471, shall be considered a commercial vehicle unless: (1) goods, wares, or property of a commercial nature loaded thereon extend above the
manufacturer's box; or (2) the standard bed of the vehicle has been replaced with a utility or stake bed over eighty (80) inches in width; or (3) the vehicle has been modified to include a rack extending over the length of the vehicle's bed which currently has goods or wares of a commercial nature, with the exception of ladders that do not extend beyond the horizontal limits of the vehicle, stored thereon.

Section 4. Publication. The City Clerk shall certify to the adoption of this ordinance by the City Council and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code, section 36933.

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

Section 6. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable.

The City Council declares that it would have adopted this ordinance irrespective of the invalidity of any portion thereof.

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

APPROVED AND ADOPTED this ____ day of _______________, 2023. 5 Ordinance No. 1755 Page 3
ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby
certify that Ordinance No. 1755 having been regularly introduced at the meeting of _______________, 2023, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____ day of ____, 2023, and said ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ____________, 2023. __________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
________________________________
Elizabeth A. Mitchell, CITY ATTORNEY
6 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 8/15/2023 Agenda Item: 7C
Department: Finance and Administrative Services
Prepared By Hanne Thordahl, Human Resources Manager
Subject:

CONSIDERATION OF A RESOLUTION OF INTENTION AND INTRODUCTION (FIRST READING)

OF AN ORDINANCE TO AUTHORIZE AN AMENDMENT TO THE CONTRACT WITH THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CALPERS) Fiscal Impact:

There is no fiscal impact associated with the adoption of the Resolution of Intention to exclude classifications from CalPERS. Upon finalization of the CalPERS contract amendment process, reclassified positions will continue to be excluded from CalPERS and part-time hourly benefit levels will continue to apply.

Summary:

The Resolution of Intention authorizes and approves an amendment to the contract between the Board of Administration California Public Employee’s Retirement System (CalPERS) and the City Council of the City of San Clemente. The contract amendment will revise the existing hourly part-time excluded classifications of Ocean Lifeguards and Park Ranger to provide the exclusions of Ocean Lifeguard I and Ocean Lifeguard II and Park Ranger I and Park Ranger II, pursuant to the updated position specifications.

Background:

The City of San Clemente is a member of CalPERS that provides retirement benefits to the City’s benefited employees. Certain hourly part-time classifications are excluded from membership by the contract. Hourly part-time classifications excluded from CalPERS membership by contract can exceed the hourly limit of 1,000 hours worked in a fiscal year. At the April 4, 2023 City Council meeting, a part-time Classification and Compensation study was presented to the City Council that included findings and recommendations that resulted in multiple pay rate changes and updated job specifications. The study also recommended staff seek opportunities to revise the current class specifications of Ocean Lifeguard and Park Ranger to “Ocean Lifeguard I/II and “Park Ranger I/II” to bring them up-to-date in order to better implement relevant processes and procedures, and assign employees based on their experience. City staff reached out to the CalPERS membership and contract divisions to confirm whether or not a clarification would be necessary for a title change of the classifications currently excluded from membership or whether the change would necessitate a contract amendment. Staff was notified in mid-June by CalPERS that a contract amendment would be required and sufficient to include the revised job classifications in the exclusion. On July 12, 2023, CalPERS provided the steps and timeline for the adoption process to amend the contract which if adopted and approved would become effective on October 15, 2023.

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Meeting Date: 8/15/2023 Agenda Item: 7C
Discussion:

The hourly part-time Classification and Compensation study was completed in April of this year and recommended a change of the Ocean Lifeguard and Park Ranger classifications to Ocean Lifeguard I and Ocean Lifeguard II and Park Ranger I and Park Ranger II. The change to the job titles will establish some differences between employees with different levels of experience and will provide the City with the ability to assign employees and establish pay rates based on their experience. This change ensures salaries are competitive with other comparable agencies to support recruitment and retention of qualified hourly part-time staff.

The Ocean Lifeguard and Park Ranger classifications are currently excluded from CalPERS membership by contract. City staff received notification from CalPERS that a contract amendment would be required to update the exclusions and provided the City with the process. The timing and steps that the City must undertake to complete an amendment to the City’s CalPERS retirement contract to execute these changes are dictated by CalPERS and the Government Code. The first step in the process is for the City Council to adopt a Resolution of Intention (Attachment 1) and an Ordinance (Attachment 2). The first reading of the Ordinance may occur at the same time as the adoption of the resolution. The second reading of the Ordinance will occur at the City Council meeting of September 14, 2023. The contract amendment (Attachment 1, Exhibit) will be effective thirty days later on October 15, 2023.

Below is the anticipated schedule of actions by the City as required by Cal PERS:

August 15, 2023 - Adoption of the Resolution of Intention & First Reading of Ordinance August 24, 2023 - First newspaper publication
September 14, 2023 - Second Reading of Ordinance & Adoption September 21, 2023 - Second and final newspaper publication October 14, 2023 - Effective Date of Ordinance
October 15, 2023 - Effective Date of Amended Contract with CalPERS Council Options:
· Adopt the Resolution of Intention to amend the current CalPERS contract and initiate the first reading of the Ordinance.
· Continue the item with direction given to staff.
· Deny the Resolution of Intention.

Environmental Review/Analysis:

Not a “project” under the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation

1. Adopt Resolution No. 23-87 a Resolution of Intention to amend the contract with CalPERS to replace the existing exclusions for “Ocean Lifeguards and Park Ranger” to provide for the CITY OF SAN CLEMENTE Page 2 of 3 Printed on 8/10/2023
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Meeting Date: 8/15/2023 Agenda Item: 7C
exclusion of Ocean Lifeguard I, Ocean Lifeguard II, Park Ranger I, and Park Ranger I; and

2. Open the public hearing, receive any public comment, close the public hearing, and introduce Ordinance No. 1757.

Attachment:

1. Resolution No. 23-87

2. Introduce Ordinance No. 1757
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ATTACHMENT 1
RESOLUTION NO. 23-87

A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF

THE CITY OF SAN CLEMENTE, CALIFORNIA, TO

APPROVE AN AMENDMENT TO THE CONTRACT

BETWEEN THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEE’S RETIREMENT

SYSTEM AND THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE
WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:

To replace the existing exclusions of “Ocean Lifeguards and Park Ranger” to provide for the exclusions of Ocean Lifeguard I, Ocean Lifeguard II, Park Ranger I, and Park Ranger II.

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

Section 1. The City Council of the City of San Clemente does hereby give notice of intention to approve an amendment to the contract between the City of San Clemente and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof.

Section 2. 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
4 Resolution No. 23-87 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. 23-87 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:
_________________________
Elizabeth Mitchell, City Attorney
5 6
A
CalPERS

EXHIBIT
California
Public Employees' Retirement System
----• ---- AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of San Clemente
-----• ---- The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective March 13, 1972, and witnessed February 22, 1972, and as amended effective September 6, 1984, July 14, 1986, May 4, 1987, July 9, 1990, June 30, 1991, December 21, 1991, July 1, 1992, January 1, 1993, November 8, 2004, June 9, 2014, and November 20, 2020, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows:

A. Paragraphs 1 through 18 are hereby stricken from said contract as executed effective November 20, 2020, and hereby replaced by the following paragraphs numbered 1 through 18 inclusive:
1 . All words and terms used herein which are defined in the Public Employees1 '
Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. 11Normal retirement age" shall mean age 55 for classic local miscellaneous members, age 62 for new local miscellaneous members, age 50 for classic local fire members and classic local police members, age 55 for classic ocean beach lifeguards and age 57 for new local safety members.
7 2. Public Agency shall participate in the Public Employees' Retirement System from and after March 13, 1972, making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency.

3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CalPERS) and its trustees, agents and employees, the CalPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorney fees that may arise as a result of any of the following:
(a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-CalPERS retirement program.
(b) Any dispute, disagreement, claim, or proceeding (including without limitation arbitration, administrative hearing, or litigation) between Public Agency and its employees (or their
representatives) which relates to Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than such employees' existing retirement benefits, provisions or formulas.
(c) Public Agency's agreement with a third party other than Cal PERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law.

4. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Ocean Beach Lifeguards (included as local safety members); d. Employees other than local safety members (herein referred to as local miscellaneous members).
8 5. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System:
a. MEMBERS OF THE GOVERNING BODY;
b. OCEAN LIFEGUARD I, OCEAN LIFEGUARD II, OCEAN

LIFEGUARD SUPERVISORS, LIFEGUARD SUPERVISORS,
POOL LIFEGUARDS AND POOL LIFEGUARD/INSTRUCTORS;
AND
c. PARK RANGER I, PARK RANGER II, LEAD PARK RANGER AND

WATER SAFETY INSTRUCTOR PROSPECTIVELY FROM THE
EFFECTIVE DATE OF NOVEMBER 20, 2020.

6. Assets heretofore accumulated with respect to members in the local retirement system have been transferred to the Public Employees' Retirement System and applied against the liability for prior service incurred thereunder. That portion of the assets so transferred which represent the accumulated contributions (plus interest thereof) required of the employees under said local system has been credited to the individual membership account of each such employee under the Public Employees' Retirement System.

7. Benefits paid to pensioners and annuitants under the local system on March 13, 1972, were recalculated as of such date pursuant to Section 20520 of the Government Code to conform to the benefits applicable to persons retiring after March 13, 1972, however, no benefit which would have been payable under the continuation of the local system shall be reduced.

8. Section 21367.51 (Mandated $500 Retired Death Benefit) shall also apply to persons retired under the City of San Clemente Pension Trust.

9. The percentage of final compensation to be provided for each year of credited prior and current service as a classic local miscellaneous member shall be determined in accordance with Section 21354 of said Retirement Law subject to the reduction provided therein for Federal Social Security (2% at age 55 Modified).

10. The percentage of final compensation to be provided for each year of credited prior and current service as a new local miscellaneous member shall be determined in accordance with Section 7522.20 of said Retirement Law (2% at age 62 Supplemental to Federal Social Security). 9 11. The percentage of final compensation to be provided for each year of credited prior and current service as a classic local police member and classic local fire member shall be determined in accordance with Section 21362 of said Retirement Law subject to the reduction provided therein for Federal Social Security (2% at age 50 Modified).

12. The percentage of final compensation to be provided for each year of credited prior and current service as a classic ocean beach lifeguard shall be determined in accordance with Section 21363.1 of said Retirement Law subject to the reduction provided therein for Federal Social Security (3% at age 55 Modified).

13. The percentage of final compensation to be provided for each year of credited prior and current service as a new local safety member shall be determined in accordance with Section 7522.25(d) of said Retirement Law (2.7% at age 57 Supplemental to Federal Social Security).

14. Public Agency elected and elects to be subject to the following optional provisions:
a. Section 21536 (Local System Service Credit Included in Basic Death Benefit).
b. Sections 21624, 21626 and 21628 (Post-Retirement Survivor Allowance) for local safety members only.
c. Section 20042 (One-Year Final Compensation) for classic members only.
d. Section 21024 (Military Service Credit as Public Service) for local miscellaneous members only.
e. Section 20938 (Limit Prior Service to Members Employed on Contract Date) for local miscellaneous members only.
f. Section 21622 ($600 Retired Death Benefit) for local miscellaneous members only.

15. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System.

16. Public Agency shall also contribute to said Retirement System as follows:
10 8.
a. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law.
b. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law.

17. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees• Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law.

18. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board.

This amendment shall be effective on the __ day of _______ __ _

BOARD OF ADMINISTRATION CITY COUNCIL

PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF SAN CLEMENTE "'°

BY MELODY BEN ' IDES, CHIEF
PENSION CONfflACTS AND PREFUNDING
PROGRAMS oi\/(s10N
PUBLIC EMPLOY~S' RETIREMENT SYSTEM
-"'
~
~ ~
~ ~
~ -"'
~ AMENDMENT CalPERS ID #5211614462f'-a
PERS-CON-702A
-c,
BY ~ PRESIDING~FICER
Witness Date
Attest:

Clerk
1 )
ATTACHMENT 2
ORDINANCE NO. 1757

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING AN

AMENDMENT TO THE CONTRACT BETWEEN THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE AND THE

BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES’ RETIREMENT SYSTEM

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

Section 1. That an amendment to the contract between the City Council of the City of San Clemente and the Board of Administration, California Public Employees’ Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit A, and by such reference made a part hereof as though herein set out in full.

Section 2. The City Manager of the City of San Clemente is hereby authorized, empowered, and directed to execute said amendment for an on behalf of the City of San Clemente.

Section 3. The City Clerk shall certify to the passage of this ordinance and at least five days prior to the date of adoption of this ordinance, a summary of this ordinance shall be published in the San Clemente Times, a newspaper of general circulation, published and circulated in the City of San Clemente. In addition, prior to the expiration of 15 days following the date of adoption, a second summary of this ordinance, including the votes taken thereon, shall be published in the San Clemente Times. This ordinance shall take effect 30 days after the date of its adoption and thenceforth and thereafter the same shall be in full force and effect.

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
11 Ordinance No. 1757 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 Ordinance No. 1757 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:
_________________________
Elizabeth Mitchell, City Attorney
12 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 8/15/2023 Agenda Item: 9A
Department: Community Development
Prepared By Danielle Sorahan, Code Compliance Manager
Subject:

PUBLIC SAFETY COMMITTEE REVIEW OF PARK RANGER PROGRAM ENHANCEMENTS Summary:

The action before City Council is to consider whether to direct the Public Safety Committee to review, and make recommendations to enhance and/or expand, the Park Ranger program. Review of the program by the Public Safety Committee would assist in strengthening the program's effectiveness, improve public safety, and optimize enforcement efforts in the City’s parks and beaches.

Background:

The Park Ranger program exists within the City’s Code Compliance Division and serves to maintain public safety, enforce the City’s regulations and park policies, and ensure a positive visitor experience throughout the City’s parks and beaches areas. The Park Ranger program currently consists of nine part-time Park Ranger positions primarily dedicated to opening and closing park and beach facilities, assisting park reservations, guest services, addressing unattended and abandoned property, and park and beach patrols.

The City is currently in the recruitment process to hire new Park Ranger positions approved by the City Council as part of the adopted Fiscal Year 2023-2024 budget. These positions include a full-time Park Ranger Supervisor and two Senior Park Ranger positions. The Park Ranger Supervisor will provide clear leadership, coordination, and direction within the Park Ranger program, while the Senior Park Rangers will strengthen enforcement capabilities and provide more stability within the program. These positions will allow for a more consistent presence, improved visitor assistance, and enhanced enforcement efforts to ensure public safety.

In addition to this recruitment process, staff is currently conducting a comprehensive assessment of the program's resources, evaluating staffing levels to ensure sufficient coverage, and reviewing equipment needs for effective enforcement and communication. Staff is supportive of City Council direction to have the Public Safety Committee review these findings and recommend additional enhancements based on their public safety expertise. Insights and recommendations from the Public Safety Committee will guide the allocation of appropriate funding and resources to address any identified gaps in the delivery of the City’s park ranger services. Staff would return with a report on the Public Safety Committee’s recommendations.

Council Options:
· Direct the Public Safety Committee to review and make recommendations regarding future enhancements to the Park Ranger program.

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Meeting Date: 8/15/2023 Agenda Item: 9A
· Do not direct the Public Safety Committee to review and make recommendations regarding future enhancements to the Park Ranger program. If this option were selected by the Council, staff would continue the work currently underway to improve the program. · Continue the item and direct staff to provide additional information.

Fiscal Impact:

None. The action contemplated by the City Council is only to refer review of potential enhancements of the Park Ranger program to the Public Safety Committee. Future enhancements and recommendations for the Park Ranger program resulting from the Public Safety Committee’s review may require additional funding for resources, equipment upgrades, training, and staffing, which would be addressed at a later date prior to implementation.

Environmental Review/Analysis:

Referring matters to the Public Safety Committee for review and recommendation is not a “project” under CEQA.

Recommended Actions:

Staff Recommendation
STAFF RECOMMENDS THE CITY COUNCIL direct the Public Safety Committee to review and make recommendations to enhance the Park Ranger Program.

Attachment:

None.

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: 8/15/2023 Agenda Item: 9B
Department: City Clerk
Prepared By Laura Campagnolo, City Clerk
-
Subject:

INTRODUCTION (FIRST READING) OF AN ORDINANCE MODIFYING THE COASTAL ADVISORY COMMITTEE’S MISSION STATEMENT
Fiscal Impact:

None.

Summary:

At its meeting of July 18, 2023, Council adopted Ordinance No. 1753, which created a Coastal Advisory Committee. In connection with adoption of that Ordinance, Council directed Staff to return with an ordinance to modify the Mission Statement (Section 2.29.015 of the San Clemente Municipal Code) to include that the primary mission of the Coastal Advisory Committee will be to enhance the preservation and replacement of sand on City Beaches.

The requested modification has been made, and the Ordinance is presented to Council (Attachment 1) in a redlined version for consideration and introduction.

Council Options:
· Introduce Ordinance No. 1758, modifying the mission statement of the Coastal Advisory Committee.
· Modify and introduce Ordinance No. 1758.
· Direct Staff to return to Council with additional information. · Take no action.

Environmental Review/Analysis:

This is not a “project” under the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation

1. Introduce Ordinance No. 1758 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION 2.29.015 OF THE MUNICIPAL CODE CITY OF SAN CLEMENTE Page 1 of 2 Printed on 8/10/2023
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Meeting Date: 8/15/2023 Agenda Item: 9B

OF THE CITY OF SAN CLEMENTE WITH RESPECT TO THE COASTAL ADVISORY COMMITTEE’S MISSION STATEMENT.

2. Receive and file the Administrative Report, dated August 15, 2023, and on file with the City Clerk.

Attachment:

1. Proposed Ordinance No. 1758
Notification:

None.

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Attachment 1
ORDINANCE NO. 1758

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA,
AMENDING SECTION 2.42.015 OF THE MUNICIPAL

CODE OF THE CITY OF SAN CLEMENTE

REGARDING THE COASTAL ADVISORY
COMMITTEE’S MISSION STATEMENT
WHEREAS, on July 18, 2023, the San Clemente City Council adopted Ordinance No. 1753, which created a Coastal Advisory Committee; and WHEREAS, the City Council has determined that the mission statement of the newly formed Coastal Advisory Committee should be modified.

NOW, THEREFORE, the City Council of the City of San Clemente, California, hereby ordains as follows:

Section 1: Section 2.42.010 of the San Clemente Municipal Code, relating to the Coastal Advisory Committee, is hereby modified to read in its entirety as set forth in Exhibit A attached hereto (underlines reflect additions and strikeouts reflect deletions).

Section 2: If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.

Section 3. The revision to Code Chapter 2.29 as set forth in Exhibit A of this Ordinance shall become effective on October 5, 2023.

Section 4. The City Clerk shall certify to the adoption of this ordinance and cause it, or a summary thereof, to be published once within fifteen (15) days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code Section 36933.
3 Ordinance No. 1758 Page 2
APPROVED AND ADOPTED this _____day of _________________, ________.

ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of
San Clemente, California San Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1758, having been regularly introduced at the meeting of _______________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______. This ordinance has been published pursuant to law and was adopted by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________.
__________________________
CITY CLERK of the City of
San Clemente, California
Approved as to Form:
__________________________
Elizabeth A. Mitchell, City Attorney
4 Ordinance No. 1758 Page 3

EXHIBIT A

2.29.015 - Mission
The Coastal Advisory Committee exists to address coastal concerns on San Clemente Beaches with its primary mission being sand replenishment and retention. The Coastal Advisory Committee will seek to further the enhancement and enjoyment of San Clemente Beaches through preservation and restoration through beach nourishment and retention, to preserve, enhance, and where necessary, restore the quality of the coastal water resources and ensure proper and efficient use of the beaches, surf zone and coastal area for the benefit of present and future generations. The Committee shall strive to raise public awareness in promoting a positive environmental stewardship for the greater good of the San Clemente area.

The Committee shall advise the City Council by making recommendations on policy, programs and regulations related to the City's coastal environment and resources.

Additionally, the Committee shall work to raise public awareness and promote a shared environmental vision by facilitating partnerships between State and local departments, community groups and businesses. In carrying out its mission the Committee shall promote forward-looking solutions regarding coastal resource issues including, but not limited to, air and water quality, pollution prevention, beach and coastal zone preservation, stewardship, solid waste reduction/recycling and sustainability. 5 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 8/15/2023 Agenda Item: 9C
Department: City Clerk
Prepared By Laura Campagnolo, City Clerk
Subject:

CONSIDERATION OF A RESOLUTION SETTING COMPENSATION FOR THE CITIZENS

AMPHITHEATER COMMITTEE, INVESTMENT ADVISORY COMMITTEE AND PUBLIC SAFETY

COMMITTEE
Fiscal Impact:

Investment Advisory Committee (quarterly meetings) $1,100, Public Safety Committee (monthly meetings) $3,300, and Citizens Amphitheater Committee (no set meeting schedule, estimated bimonthly meetings) $1,650.

Summary:

At its meeting of July 18, 2023, Council requested Staff return with a Resolution for compensation to be paid to the Investment Advisory Committee and Public Safety Committee members at the rate of $55.00 per meeting, not to exceed $55.00 per month. Subsequent to the City Council meeting, Staff determined that the Citizens Amphitheater Committee is scheduled to hold its first meeting, and compensation for that Committee has not yet been considered by Council.

Before the Council are two Resolutions for consideration. The first is a Resolution that includes compensation for the Citizens Amphitheater Committee as well as the Investment Advisory Committee and Public Safety Committee. The second Resolution includes compensation for just the Investment Advisory Committee and Public Safety Committee.

Council Options:
-
· Adopt Resolution No. 23-88, which would compensate the Citizens Amphitheater Committee as well as the Investment Advisory Committee and Public Safety Committee, for their attendance at Committee meetings.
· Adopt Resolution No. 23-89, which would compensate only the Investment Advisory Committee and Public Safety Committee, for their attendance at Committee meetings · Modify and adopt either resolution.
· Direct Staff to return to Council with additional information. · Take no action.

CITY OF SAN CLEMENTE Page 1 of 2 Printed on 8/10/2023
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Meeting Date: 8/15/2023 Agenda Item: 9C
Environmental Review/Analysis:

This is not a “project” under the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation
Determine whether or not to compensate the Citizens Amphitheater Committee at the regular $55.00 per meeting, not to exceed $55.00 per month. If Council wishes to compensate the Citizens Amphitheater Committee along with the Investment Advisory Committee and Public Safety Committee, adopt the Resolution described in recommendation number 1. If Council wishes to compensate only the Investment Advisory Committee and Public Safety Committee, adopt the Resolution described in recommendation number 2.

1. Adopt Resolution No. 23-88 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, RELATING TO COMPENSATION PAID TO MEMBERS OF

THE CITIZENS AMPHITHEATER COMMITTEE, INVESTMENT ADVISORY COMMITEE AND

PUBLIC SAFETY COMMITTEE
OR

2. Adopt Resolution No. 23-89 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, RELATING TO COMPENSATION PAID TO MEMBERS OF

THE INVESTMENT ADVISORY COMMITEE AND PUBLIC SAFETY COMMITTEE

3. Receive and file the Administrative Report dated August 15, 2023 and on file with the City Clerk.

Attachment:

1. Resolution No. 23-88 for compensation for the Citizens Amphitheater Committee, Investment Advisory Committee and Public Safety Committee.

2. Resolution No. 23-89 for compensation to Investment Advisory Committee and Public Safety Committee.

Notification:

Citizens Amphitheater Committee, Investment Advisory Committee, Public Safety Committee CITY OF SAN CLEMENTE Page 2 of 2 Printed on 8/10/2023
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Attachment 1
RESOLUTION NO. 23-88

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, RELATING TO

COMPENSATION PAID TO MEMBERS OF THE CITIZENS

AMPHITHEATER COMMITTEE, INVESTMENT ADVISORY

COMMITEE AND PUBLIC SAFETY COMMITTEE
WHEREAS, the San Clemente City Council determined that it is in the best interest of the City and the public that the Citizens Amphitheater Committee, Investment Advisory Committee and Public Safety Committee receive compensation for their attendance at Committee meetings.

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

Section 1. Each member of the Citizens Amphitheater Committee shall receive compensation in the amount of $55.00 per meeting, not to exceed $55.00 per month.

Section 2. Each member of the Investment Advisory Committee shall receive compensation in the amount of $55.00 per meeting, not to exceed $55.00 per month.

Section 3. Each member of the Public Safety Committee shall receive compensation in the amount of $55.00 per meeting, not to exceed $55.00 per month.

Section 4. The salaries shall become effective at the commencement of the first meeting of the Citizens Amphitheater Committee, Investment Advisory Committee and Public Safety Committee meeting following adoption of this Resolution, respectively. This Resolution is subject to all present and future applicable wage control laws and regulations, and shall become effective only to the extent permitted by such laws and regulations.

Section 5. 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
3 Resolution No. 23-88 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. 23-88 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:
_________________________
Elizabeth A. Mitchell, City Attorney
4 Attachment 2
RESOLUTION NO. 23-89

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, RELATING TO

COMPENSATION PAID TO MEMBERS OF THE

INVESTMENT ADVISORY COMMITEE AND PUBLIC

SAFETY COMMITTEE
WHEREAS, the San Clemente City Council determined that it is in the best interest of the City and the public that the Citizens Amphitheater Committee, Investment Advisory Committee and Public Safety Committee receive compensation for their attendance at Committee meetings.

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

Section 1. Each member of the Investment Advisory Committee shall receive compensation in the amount of $55.00 per meeting, not to exceed $55.00 per month.

Section 2. Each member of the Public Safety Committee shall receive compensation in the amount of $55.00 per meeting, not to exceed $55.00 per month.

Section 3. The salaries shall become effective at the commencement of the first meeting of the Investment Advisory Committee and Public Safety Committee meeting following adoption of this Resolution, respectively. This Resolution is subject to all present and future applicable wage control laws and regulations, and shall become effective only to the extent permitted by such laws and regulations.

Section 5. 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
5 Resolution No. 23-89 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. 23-89 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:
_________________________
Elizabeth A. Mitchell, City Attorney
6 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 8/15/2023 Agenda Item: 9D
Department: Public Works
Prepared By Zak Ponsen, Assistant City Engineer, Ryan Kim, Senior Civil Engineer - Traffic Subject:

TRAFFIC ANALYSIS FOR AVENIDA PALIZADA CORRIDOR AT AVENIDA DE LA ESTRELLA Summary:

On June 20, 2023, City Council directed staff to re-evaluate the potential for traffic solutions and a roundabout at the intersection of Avenida De La Estrella and Avenida Palizada and for staff to consider the vacant parcel currently for sale at 422 Avenida De La Estrella.

Per City Council’s direction, staff re-evaluated the feasibility for adding a roundabout on Avenida Palizada at Avenida De La Estrella, and found design limitations and issues that could not support a roundabout. Even if the City were to purchase the adjoining parcel(s), the main hurdles are the short lengths between the intersections and a lack of available queuing for vehicles still remain. The 3 signalized intersections are too close to each other (see Attachment 1), therefore additional width would not solve the issue.

Offsetting the roundabout into the vacant parcel would result in an alignment issue that does not meet industry standards, and would require the acquisition of several other parcels as well.

Attachment 2 shows a standard 150-foot diameter for a 2-lane roundabout centered in the intersection. The 150-foot diameter is the minimum diameter for our current traffic counts per FHWA’s “Roundabouts: An Informational Guide.” Attachment 2 also shows a 100-foot diameter roundabout for reference purposes. This layout would be below the minimum standards for FHWA and is typically used for single lane roundabouts that have less vehicle traffic. The 1-lane roundabout design would still not fit when sidewalks are added to the design. Additionally, a 1-lane roundabout would likely increase traffic backups due to the necessary merging of lanes before entering the roundabout.

During this re-evaluation of the corridor, staff also looked to see if other design upgrades could fit into the existing right-of-way with and without the adjoining vacant parcel. See the Discussion section below for analysis of other potential traffic modifications to this corridor.

Staff’s re-evaluation of this corridor also looked at the potential for revised striping layouts that could help increase traffic flow (Attachment 3). Staff recommends continuing with our Traffic Signal Synchronization concept and including consideration for modified striping layouts. The synchronization and striping modifications will require Caltrans approval. In October, staff is anticipating submitting the Palizada Corridor synchronization as part of OCTA’s Regional Traffic Signal Synchronization Program (Project P). Projects are expected to be approved by OCTA in Spring 2024, therefore final designs would not be known for many months. It is also likely that CITY OF SAN CLEMENTE Page 1 of 4 Printed on 8/10/2023
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Meeting Date: 8/15/2023 Agenda Item: 9D
Spring 2024, therefore final designs would not be known for many months. It is also likely that Caltrans will require additional studies that will require City consultants and additional funding. The City Council included $23,000 for Traffic Operation Analysis for Traffic Signal Synchronization and Implementation in the Fiscal Year 23/24 CIP Budget, but additional Council action would be required to approve additional funding for more studies. Final design for such striping changes would need City Council formal consideration and approval before implementation.

Background:

The impacted roadway segment is along the Avenida Palizada corridor between Avenida Caballeros and El Camino Real and includes four intersections within this 800 foot segment. Avenida Caballeros and the I-5 Northbound on-ramp intersection are stop-controlled, while the I-5 Southbound off-ramp, Avenida De La Estrella, and El Camino Real are signalized. The distances between two adjoining intersections are 290 feet or shorter, as Attachment 1 shows.

At the November 15, 2022 City Council meeting, staff presented an evaluation for consideration of a roundabout at the intersection of Avenida De La Estrella and Avenida Palizada. Staff’s conclusion at that time was that the short lengths between the Avenida Palizada intersections at the Freeway offramp, Avenida De La Estrella, and El Camino Real would create queuing issues and likely increased congestion. Staff recommended and was approved to move forward for adding a future study of synchronization in the Fiscal Year 23/24 budget.

On June 20, 2023, City Council directed staff to re-evaluate the potential for traffic solutions and a roundabout at the intersection of Avenida De La Estrella and Avenida Palizada and for staff to consider the vacant parcel currently for sale at 422 Avenida De La Estrella.

Discussion:

As mentioned in the Summary above, staff evaluated the feasibility of the roundabout and found design limitations and issues that could not support a roundabout at the intersection of Avenida Palizada and Avenida De La Estrella. The proposed location is 200 and 220 feet from the northerly and southerly signalized intersections at the Freeway offramp and El Camino Real, respectively (Attachment 1). Generally, isolated roundabouts that are not located too close to each other can help reduce traffic delays. However, due to the short distances between these intersections, a roundabout would likely degrade traffic congestion when one of the adjacent traffic lights is red during peak hours. There is not enough storage capacity between a roundabout and the adjacent intersections, and such a design could increase backup congestion.

Another issue with adding a roundabout in this area is the limited street right-of-way. Even if the intersections were spaced farther apart from each other to address the capacity issue, a roundabout would likely infringe on multiple parcels and not just the property located at 422 Avenida De La Estrella that is currently for sale.

Other potential modifications were considered during this re-evaluation of the Palizada corridor:

Diverging Diamonds: A diverging diamond is a somewhat recent design that has been used in many states. These have been added in some freeway interchanges, but require a large distance to shift traffic from one side of the street to the other. Similar to the design issues with roundabouts, a diverging diamond in the Palizada corridor location would also have length and queuing issues.

Cul-De Sac: Staff would not recommend closing off of traffic on the Avenida De La Estrella streets CITY OF SAN CLEMENTE Page 2 of 4 Printed on 8/10/2023
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Meeting Date: 8/15/2023 Agenda Item: 9D
Cul-De Sac: Staff would not recommend closing off of traffic on the Avenida De La Estrella streets via cul-de-sac(s). Doing so would negatively affect the traffic on El Camino Real and the Avenida Presidio interchange with the I-5 freeway. Cul-de-sac(s) would also have a negative impact on the surrounding businesses due to extra commutes and potential for vehicle cut through traffic.

Striping Modifications: As mentioned above in the Summary section, staff looked at alternative striping concepts in this corridor. Although additional studies may be required by Caltrans, staff recommends considering removing one of the eastbound lanes on Avenida Palizada and adding a westbound lane between Avenida De La Estrella and southbound I-5 offramp (Attachment 3A and 3B). This design could also reduce the westbound lanes east of the southbound I-5 offramp in order to add an additional left turn lane for the northbound I-5 Freeway onramp. If directed to pursue striping changes, staff will need to submit applications to Caltrans for consideration and approval.

Such an application would require additional funding for consultant studies to show no impacts to Caltrans traffic flow on its access ramps. The approval for that additional funding is not a part of this Agenda item.

Caltrans modifications: Modifications to striping around Caltrans intersections requires the submittal of detailed plans and studies to prove no impacts to Caltrans facilities. Staff recommends that it request Caltrans to also modify its southbound offramp to potentially include an additional lane. An additional lane would allow more vehicles to queue closer to the intersection on Avenida Palizada and therefore, more vehicles to flow through those intersections per light cycle.

Traffic Signal Synchronization: Staff recommends continuing with a traffic signal synchronization study to include El Camino Real, Avenida De La Estrella and the I-5 southbound off-ramp that could possibly reduce congestion along the closely-spaced Avenida Palizada corridor. The synchronization of this segment would need to include re-evaluation of the El Camino Real system that has a distinct synchronization system. OCTA has Project P that helps funds cities for such synchronization projects. The City Council has already approved $23,000 in budgeting for staff to submit an application for utilizing these funds. This Program typically has a submittal deadline in October of each year and projects are awarded funds the following Spring.

Right-of-Way Widening Considerations: The right-of-way alignment along Avenida Palizada is not consistent (see Attachment 1). This could pose issues for any future widening of Avenida Palizada for additional vehicle, bicycle, or pedestrian needs. As shown as a red hatched area along Avenida Palizada on Attachment 2, the City may desire to obtain this area for future widening of Avenida Palizada. The property located at 110 Avenida De La Estrella has frontages on both streets. Its steep driveway grade off of Avenida Palizada creates issues for any widening potential of Avenida Palizada. Additionally, the right-of-way on Avenida Palizada between Avenida De La Estrella and El Camino Real is approximately 58 feet wide, and would be a bottleneck area unless right-of-way is also obtained on those adjoining parcels. Attachment 2 shows a red hatched area where the right-ofway is not consistent with the surrounding parcels.

Council Options:
· Direct staff to continue the processing of synchronization of the Palizada corridor with the potential for striping modifications.

CITY OF SAN CLEMENTE Page 3 of 4 Printed on 8/10/2023
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Meeting Date: 8/15/2023 Agenda Item: 9D
· Receive and file the staff report.
· Receive and file the staff report with further direction.

Fiscal Impact:

None at this time.

Environmental Review/Analysis:

Not a “project’ under the California Environmental Quality Act.

Recommended Actions:

Staff recommends that the City Council:

1. Direct staff to continue the processing of synchronization of the Palizada corridor with the potential for striping modifications; and

2. Receive and file the staff report.

Attachment:

1. Location Map

2. Roundabout Right-of-Way Map

3. Potential Palizada Corridor Striping Modifications- Options A & B Notification:

1. Jack Burk- Representative for Property Owner(s) for 422 Avenida De La Estrella CITY OF SAN CLEMENTE Page 4 of 4 Printed on 8/10/2023
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5 ATTACHMENT 1
CITY OF SAN CLEMENTE 1-------------------1
910 CL Negocio, Suite 100
San Clemente, CA 92673
www.san-clemente.org

AVENIDA PALIZADA

TRAFFIC ANALYSIS
"O
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1 u
i: C.

CITY OF SAN CLEMENTE
910 Calle Negocio
San Clemente, CA 92673
ATTACHMENT 2
Ave. Palizada / Ave. De La Estrella
Two-Lane Roundabout Right of Way �
9' rnL_ ___ L_ _______ ----L, ___________ __
ATTACHMENT 2
6 /

EXISTING CONDITION ON AVE PALIZADA
BETWEEN I-5 NB ON-RAMP AND SB OFF-RAMP

POTENTIAL STRIPING ON AVE PALIZADA
BETWEEN I-5 NB ON-RAMP AND SB OFF-RAMP
N
STOP

AVE PALIZADA AVE PALIZADA
I-5 SB OFF-RAMP
I-5 NB ON-RAMP
I-5 SB OFF-RAMP
I-5 NB ON-RAMP
Attachment 3-A
7 EXISTING CONDITION ON AVE PALIZADA

BETWEEN AVE DE LA ESTRELLA AND ECR

POTENTIAL STRIPING ON AVE PALIZADA

BETWEEN AVE DE LA ESTRELLA AND ECR
ECR

AVE PALIZADA

AVE DE LA ESTRELLA AVE DE LA ESTRELLA
ECR

AVE PALIZADA
N
Attachment 3-A
8 --

EXISTING CONDITION ON AVE PALIZADA
BETWEEN I-5 NB ON-RAMP AND SB OFF-RAMP

POTENTIAL STRIPING ON AVE PALIZADA
BETWEEN I-5 NB ON-RAMP AND SB OFF-RAMP
N
STOP

AVE PALIZADA AVE PALIZADA
I-5 SB OFF-RAMP
I-5 NB ON-RAMP
I-5 SB OFF-RAMP
I-5 NB ON-RAMP
Attachment 3-B
9 EXISTING CONDITION ON AVE PALIZADA

BETWEEN AVE DE LA ESTRELLA AND ECR

POTENTIAL STRIPING ON AVE PALIZADA

BETWEEN AVE DE LA ESTRELLA AND ECR
ECR

AVE PALIZADA

AVE DE LA ESTRELLA AVE DE LA ESTRELLA
ECR

AVE PALIZADA
N Attachment 3-B
10 --

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 8/15/2023 Agenda Item: 9E
Department: City Council
Prepared By: Andy Hall, City Manager
Subject:

LETTER REQUESTING THAT THE FAIRVIEW DEVELOPMENTAL CENTER BE

REPURPOSED TO PROVIDE TEMPORARY AND SEMI-PERMANENT HOUSING FOR

UNSHELTERED PERSONS THROUGHOUT ORANGE COUNTY TOGETHER WITH

APPROPRIATE SUPPORTIVE SERVICES
Fiscal Impact:

None.

Summary:

The State-owned Fairview Developmental Center is being repurposed after several years of being vacant. There is a current plan to use a portion of the property for a California Office of Emergency Services facility with the remainder of the property (about 90 acres) being sold for development purposes. The City of San Clemente is requesting that the facility be repurposed to provide housing and services for unsheltered persons in Orange County.

Background:

As directed by the City Council, staff has prepared correspondence requesting that the Fairview Developmental Center be considered for the provision of temporary and semi-permanent housing for unsheltered persons and the appropriate supportive services. The elimination of homelessness is a high priority for the State of California and when opportunities to address the existential issue are present, the State could take advantage of the situation. The current facility could be more efficiently modified to provide housing and services than obtaining additional properties and building new facilities.

The Fairview Developmental Center has been closed for several years in the fulfillment of a closure plan initiated by the State in 2016. The land continues to be owned by the State and it has been identified as a location for a California Office of Emergency Services facility with the remaining land (approximately 90 acres) sold for development purposes. The development of the property should be restricted to the provision of temporary and permanent supportive housing for those facing the challenge of homelessness.

State assistance to address homelessness could benefit all residents in the County. However, the current plan would allow a single community to benefit through the provision of housing units that can be used to satisfy their Regional Housing Needs Assessment (RHNA) allocation. The use of State property to benefit a single community when there is potential to address other high priority uses is not an equitable solution. At the very least, if the site is sold for development, the units produced from CITY OF SAN CLEMENTE Page 1 of 2 Printed on 8/10/2023
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Meeting Date: 8/15/2023 Agenda Item: 9E
not an equitable solution. At the very least, if the site is sold for development, the units produced from the site should reduce the RHNA allocation of each City in the County.

Council Options:
· Authorize the Mayor to sign and send the letter to the appropriate parties. · Modify and authorize the Mayor to sign and send the letter to the appropriate parties. · Take no action.

Environmental Review/Analysis:

This is not a “project” as defined by the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation
Staff recommends the City Council consider the proposed letter and provide direction to staff.

Attachment:

1. Fairview Developmental Center Letter
Notification:

None
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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
Rick Loeffler

CITY MANAGER
Andy Hall
910 Calle Negocio
San Clemente, CA 92673
Phone: (949) 361-8200
“The Spanish Village
by the Sea”
August 15, 2023
Ana M. Lasso, Director
Department of General Services
707 Third Street
West Sacramento, CA 95605
Dear Director Lasso,
The San Clemente City Council respectfully requests that the Fairview Developmental Center be considered for the provision of supportive services together with both temporary and semi-permanent housing for unsheltered persons throughout Orange County. The Center provides a unique opportunity of an existing governmental structure that could be efficiently remodeled to address one of the most critical issues facing the County at the current time.

The Fairview Developmental Center has been closed for several years in the fulfillment of a closure plan initiated by the State in 2016. The land continues to be owned by the State and it has been identified as a location for a California Office of Emergency Services facility with the remaining land (approximately 90 acres) sold for development purposes. The development of the property should be restricted to the provision of temporary and permanent supportive housing for those facing the challenge of homelessness.

Addressing homelessness benefits the County as a whole. Allowing almost 100 acres of State-owned property to be used to benefit a single community in the County that can be used to satisfy their Regional Housing Needs Assessment (RHNA) allocation is very unequitable to the other communities in the County. At the very least, development of the site should reduce the RHNA allocation of each City in the County.

Thank you for your consideration in matter.

Sincerely,
Chris Duncan
Mayor
City of San Clemente
CC: Department of Housing and Community Development
CELEBRATING 90 YEARS OF INCORPORATION
ATTACHMENT 1
3 an
--Clemente