San Clemente City Council
August 20, 2024

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

CITY OF SAN CLEMENTE
Tuesday, August 20, 2024
City Council
Regular Meeting Agenda
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.

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

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

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

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

CALIFORNIA ENVIRONMENTAL QUALITY ACT
The California Environmental Quality Act (“CEQA”) is the state law that requires the City to evaluate and document the potential environmental consequences of discretionary decision. (See, California Public Resources Code Sections 21000-21189.3; and the “CEQA Guidelines” at California Code of Regulations Title 14, Division 6, Chapter 3, Sections 15000-15387). For each item that requires a CEQA determination by the City Council, there is a reference to that determination on this agenda, and more information regarding the CEQA analysis is included in the documents that accompany this agenda. To the extent that City staff determines that particular items are not subject to CEQA, there will be no indication of a CEQA action on this agenda.

1 City Council Regular Meeting Agenda August 20, 2024

DISCLOSURE OF CAMPAIGN CONTRIBUTIONS
Pursuant to Government Code § 84308, City Council Members are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises, discretionary land use permits and other entitlements if the City Council Member received more than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City’s decision on the agenda item since January 1, 2023. Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $250 to a City Council Member since January 1, 2023, are required to disclose that fact for the official record of the subject proceedings. Disclosures must include the amount of the campaign contribution and identify the recipient City Council Member and may be made either in writing to the City Clerk before the agenda item or by verbal disclosure during consideration.

CLOSED SESSION (5:00 P.M.)
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 2

1. Case Name: Harbor View Estates Homeowners Association v. City of San Clemente, Orange County Superior Court Case No. 30-2024-01371169 -CU-WM-CXC.

2. Gene James v. City of San Clemente, Orange County Superior Court Case No. 30-2024-0143140-CU-OE-CJC.

BUSINESS MEETING (6:00 P.M.)

CALL TO ORDER
INVOCATION – Pastor John Randall, Calvary South OC

PLEDGE OF ALLEGIANCE

ROLL CALL

1. Special Presentations
A. Human Relations Leadership Awards
Presentation of the Human Relations Leadership Award to San Clemente High School students Grace Pratt and Kylie Marcisz in recognition of their service and dedication to the community.

B. Civica Law Group Update
Presentation by Matt Silver concerning Civica Law Group's work for Code Compliance and Orange County Sheriff Department.

2. Council Member Reports

2 City Council Regular Meeting Agenda August 20, 2024

3. Oral Communications (Part 1)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. Speakers may address Council once during either Oral Communications Part 1 or Part 2. A total time limitation of 30 minutes is allocated for Oral Communications Part 1, with each speaker being allotted 3 minutes in which to give his or her presentation. Speaker order is determined by the order in which speaker cards are provided to the City Clerk or Deputy City Clerk at the meeting. Speakers that cannot be accommodated during Oral Communications Part 1 will be invited to address Council during Oral Communications Part 2, which appears on this agenda as Item No. 12. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Under the Ralph M. Brown Act, the City Council cannot act on items raised during public comment but may respond briefly to statements made or questions posed, request clarification or refer the item to staff.

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

5. Consideration of agendizing items requiring immediate action Per Government Code section 54954.2(b) and 54956.5. Any items agendized will be considered under New Business, unless otherwise determined by a majority vote of the City Council.

6. Closed Session Report - City Attorney

7. Staff Communications

8. Public Hearings
None.

9. Unfinished Business
None.

10. New Business
10A. SIDEWALK VENDING ENFORCEMENT AND IMPOUNDMENT PRACTICES REVIEW
(Agendized by Councilmember Knoblock, with the support of Mayor Cabral and Mayor Pro Tem Enmeier).

Staff Recommendation
Receive and file the Administrative Report dated August 20, 2024, and on file with the City Clerk.

3 City Council Regular Meeting Agenda August 20, 2024
10B. INTRODUCTION (FIRST READING) OF AN ORDINANCE REGULATING THE

OPERATION AND USE OF ELECTRIC BICYCLES AND OTHER ELECTRIC

TRANSPORTATION DEVICES AND FINDING THE ORDINANCE NOT

SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Introduce and conduct a first reading of Ordinance No. 1778 entitled AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SAN CLEMENTE MUNICIPAL CODE TITLE 10 - VEHICLES AND TRAFFIC, ADDING CHAPTER 10.62 TO ESTABLISH

REGULATIONS FOR THE OPERATION AND USE OF ELECTRIC

BICYCLES AND OTHER FORMS OF ELECTRIC TRANSPORTATION AND

FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
10C. INTRODUCE (FIRST READING) AN ORDINANCE TO AMEND CHAPTERS

8.86 AND 12.18 OF THE SAN CLEMENTE MUNICIPAL CODE (RELATING TO

PUBLIC CAMPING AND PUBLIC STORAGE OF PERSONAL PROPERTY) TO

ADDRESS CHANGES IN LAW BROUGHT ABOUT BY CITY OF GRANTS
PASS, OREGON V. JOHNSON, ET AL
Staff Recommendation
Introduce and conduct the first reading of Ordinance No. 1779 entitled AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, COUNTY OF ORANGE, CALIFORNIA, AMENDING CHAPTERS 8.86 AND

12.18 OF THE SAN CLEMENTE MUNICIPAL CODE RELATING TO PUBLIC

CAMPING AND PUBLIC STORAGE OF PERSONAL PROPERTY TO

ADDRESS CHANGES IN LAW BROUGHT ABOUT BY CITY OF GRANTS
PASS, OREGON V. JOHNSON, ET AL. (2024) 144 S.Ct. 2202 (2024) AND

FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

4 City Council Regular Meeting Agenda August 20, 2024
10D. CONSIDERATION OF A RESOLUTION APPROVING AND ADOPTING THE 2024-2028 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF

SAN CLEMENTE AND THE SAN CLEMENTE CITY EMPLOYEES

ASSOCIATION FOR FULL-TIME BENEFITED EMPLOYEES AND ADOPTION

OF REVISED CITY OF SAN CLEMENTE EMPLOYEE SALARY SCHEDULE Staff Recommendation

1. Make an oral report summarizing the proposed final actions on the salaries, salary schedule and compensation paid in the form of fringe benefits to local agency executives, namely that, if adopted, Resolutions Nos. 24-127 and 24-128 would approve annual salary increases of 3.5%, 3%, 3%, and 2.5% over the four-year period beginning with FY 2024-25 and would provide for fringe benefits in the form of a monthly City contribution amount based on 85% of the average of health plans CalPERS makes available to the City, at the appropriate level of coverage selected by the employee, for all benefitted full time City employees, including the executive management team and the City Manager, as well as approving a revised salary schedule related thereto, all effective September 2, 2024.

2. Adopt Resolution No. 24-127 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING, ADOPTING, AND AUTHORIZING THE MAYOR TO EXECUTE THE 2024- 2028 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF

SAN CLEMENTE AND THE SAN CLEMENTE CITY EMPLOYEES

ASSOCIATION FOR THE CITY OF SAN CLEMENTE FULL-TIME

BENEFITED EMPLOYEES AND APPROVING THE SAME LEVEL OF

SALARY INCREASES AND BENEFITS FOR NON-REPRESENTED

EXECUTIVE, MID-MANAGER, AND CONFIDENTIAL EMPLOYEE
GROUPS.

3. Adopt Resolution No. 24-128 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING A

REVISED SALARY SCHEDULE WHICH INCLUDES IMPLEMENTATION OF

EXECUTIVE LEVEL SALARY INCREASES AND AMENDING RESOLUTION NO. 24-94 AND ANY OTHER RESOLUTIONS IN CONFLICT THEREWITH.

4. Approve, and authorize the Mayor to execute, Contract No. C24-48, the 2024-2028 Memorandum of Understanding (MOU), and adopting a revised salary schedule.

5 City Council Regular Meeting Agenda August 20, 2024

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

A. City Council Minutes
Staff Recommendation:
(1) APPROVE THE SPECIAL AND REGULAR CITY COUNCIL MEETING MINUTES OF AUGUST 6, 2024.

B. Commission/Committee Minutes
Staff Recommendation:

Receive and file the following:
(1) COASTAL ADVISORY COMMITTEE SPECIAL MEETING MINUTES OF JANUARY 18, 2024.
(2) COASTAL ADVISORY COMMITTEE ADJOURNED REGULAR
MEETING MINUTES OF MARCH 21, 2024.
(3) INVESTMENT ADVISORY COMMITTEE REGULAR MEETING
MINUTES OF APRIL 29, 2024.
(4) COASTAL ADVISORY COMMITTEE ADJOURNED REGULAR
MEETING MINUTES OF MAY 16, 2024.
(5) BEACHES, PARKS AND RECREATION COMMISSION REGULAR
MEETING MINUTES OF JUNE 11, 2024.
(6) PLANNING COMMISSION SPECIAL MEETING MINUTES OF JULY 24, 2024.
(7) GOLF COURSE COMMITTEE REGULAR MEETING MINUTES OF
AUGUST 1, 2024.

C. Warrant Register
(1) APPROVE WIRE TRANSFER NOS.
3087 THROUGH 3090 AND WARRANT NOS.
589234 THROUGH 589398, PAID ON
7-26-24, IN THE AMOUNT OF $5,216,984.13
TOTAL WARRANT REGISTER $5,216,984.13

6 City Council Regular Meeting Agenda August 20, 2024
Payroll Register
WARRANT NOS. 940 THROUGH 943 AND
AUTOMATIC DEPOSIT ADVISES 95886
THROUGH 96279, FOR THE PERIOD
7-8-24 THROUGH 7-21-24, PAID
ON 7-26-24, IN THE AMOUNT OF $590,767.37
TOTAL PAYROLL REGISTER $590,767.37
11D. CONSIDERATION OF A RESOLUTION APPROVING A SECOND

AMENDMENT TO A LEASE WITH TWO OPTIONS WITH GLAUKOS

CORPORATION FOR THE CITY OWNED LAND LOCATED ON AVENIDA
FABRICANTE (APN 690-661-09)
Staff Recommendation
Adopt Resolution No. 24-129, which will:

1. Approve the Second Amendment to the Standard Industrial/Commercial Land Lease Agreement - Gross Between City and Glaukos Corporation, provided as Attachment 1, Exhibit A, for the lease of the unimproved land located at Avenida Fabricante (APN 690-661-09).

2. Approve, and authorize the City Manager to execute, Amendment No. 2 to Contract No. C15-67, the lease agreement, by and between the City of San Clemente and Glaukos Corporation, for the lease of the unimproved land located at Avenida Fabricante (APN 690-661-09).
11E. CONSIDERATION OF A RESOLUTION APPROVING A FIVE-YEAR LEASE

WITH TWO THREE-YEAR OPTIONS FOR THE CITY OWNED COMMERCIAL BUILDING LOCATED AT 1030 CALLE NEGOCIO (APN 688-142-35) AND

APPROVING A SUPPLEMENTAL APPROPRIATION FOR BROKER

COMMISSIONS
Staff Recommendation
Adopt Resolution No. 24-130, which will:

1. Approve the five-year lease agreement, provided as Exhibit A of Attachment 1, for the lease to XLR8 EMS, LLC of 1030 Calle Negocio.

2. Approve, and authorize the City Manager to execute, Contract No. C24-45, the lease agreement, by and between the City of San Clemente and XLR8 EMS, LLC, for the lease of 1030 Calle Negocio, for a base rent of $16,081 per month for the first year, with 3% increases annually, and two three-year options to renew at market rental rate, and including the commission for consultant real estate services not to exceed 6% of the

7 City Council Regular Meeting Agenda August 20, 2024
gross lease revenues.

3. Accept revenues in the amount of $112,567 for FY 2025 in Account No. 001-000-36253 - Negocio Lease Revenues.

4. Approve a supplemental appropriation in the amount of $61,470 to Account No. 001-151-43605 - Broker Commissions.
11F. CONSIDERATION OF A RESOLUTION APPROVING THE PURCHASE OF WATER METERS FOR FISCAL YEAR 2025 FROM FERGUSON

WATERWORKS AND METRON-FARNIER AS SOLE SOURCE VENDORS,

AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 24-131, which will:

1. Find the project categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Approve the purchase of water meters from Ferguson Waterworks as a sole source vendor based on the attached fixed price quote.

3. Approve the purchase of water meters from Metron-Farnier as a sole source vendor based on the attached fixed price quote.

4. Approve the expenditure for water meter purchases for Fiscal Year 2024- 25 for a total amount not to exceed $122,070.
11G. CONSIDERATION OF A RESOLUTION AWARDING A CONTRACT TO CABCO YELLOW, INC. FOR SENIOR MOBILITY PROGRAM

TRANSPORTATION SERVICES, AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Staff Recommendation
Adopt Resolution No. 24-132, which will:

1. Award a Professional Services Agreement to Cabco Yellow, Inc. dba California Yellow Cab (CYC).

2. Approve, and authorize the City Manager to execute, Contract No. C24-46, by and between the City of San Clemente and Cabco Yellow, Inc., providing for the Senior Mobility Program Transportation Services, in an amount not to exceed $300,00, with two optional one year extensions not to exceed

8 City Council Regular Meeting Agenda August 20, 2024
$100,000, exercisable by the City Manager’s discretion.

3. Find the project categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 of the state CEQA Guidelines (Existing Facilities, 14 CCR Section 15301).
11H. CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO BEAR ELECTRICAL SOLUTIONS, INC. FOR CAMINO
CAPISTRANO CROSSWALK IMPROVEMENTS, CIP PROJECT NO. 15321,

AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 24-133, which will:
..recommendation

1. Find the Camino Capistrano Crosswalk Improvements, CIP Project No. 15321, categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Award the Camino Capistrano Crosswalk Improvements, CIP Project No. 15321, contract to Bear Electrical Solutions, Inc.

3. Approve, and authorize the City Manager to execute, Contract No. C24- 47, by and between the City of San Clemente and Bear Electrical Solutions, Inc., providing for the Camino Capistrano Crosswalk Improvements, in an amount not to exceed $74,338, in a form substantially similar to Contract No. C24-47 (Attachment 3).

4. Approve a 15% construction contingency of $11,150.70 for this project. 11I. RESPONSE TO 2023-2024 ORANGE COUNTY GRAND JURY REPORT “TALKING TRASH: RECYCLABLES AND ORGANIC WASTE”
Staff Recommendation

1. Adopt Resolution No. 24-134 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING

RESPONSE TO FINDINGS AND RECOMMENDATIONS IN THE REPORT
OF THE ORANGE COUNTY GRAND JURY - ‘TALKING TRASH:

RECYCLABLES AND ORGANIC WASTE’.

2. Authorize the Mayor to execute, and direct staff to submit a letter in response to the findings and recommendations noted in the report by submitting a letter to the Presiding Judge of the Superior Court by September 8, 2024 in substantially the same form as attached to the Resolution as Exhibit A.

9 City Council Regular Meeting Agenda August 20, 2024
11J. RESPONSE TO 2023-2024 ORANGE COUNTY GRAND JURY REPORT “EMERGING OPPORTUNITIES IN SOUTH COUNTY WATER/WASTEWATER SYSTEMS”
Staff Recommendation

1. Adopt Resolution No. 24-135, entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING

RESPONSE TO FINDINGS AND RECOMMENDATIONS IN THE REPORT
OF THE ORANGE COUNTY GRAND JURY - ‘EMERGING

OPPORTUNITIES IN SOUTH COUNTY WATER/WASTEWATER
SYSTEMS’.

2. Authorize the Mayor to execute, and direct staff to submit a letter in response to the findings and recommendations noted in the report by submitting a letter to the Presiding Judge of the Superior Court by September 19, 2024 in substantially the same form as attached to the Resolution as Exhibit A.

12. Oral Communications (Part 2)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation, not to exceed three minutes. Under the Ralph M. Brown Act, the City Council cannot act on items raised during public comment but may respond briefly to statements made or questions posed, request clarification or refer the item to staff.

13. Future Agenda Items

14. Reports
A. Commissions and Committees
B. Council Subcommittee Updates
C. City Attorney
D. City Manager

15. Adjournment
The next Regular City Council Meeting is scheduled to take place on September 3, 2024. Closed Session will begin at 5:00 p.m. and the Regular Business Meeting will begin at 6:00 p.m. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

10 City Council Regular Meeting Agenda August 20, 2024

CITY COUNCIL MEETING PROCEDURES

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

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

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

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

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

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

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

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

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

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

11 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: August 20, 2024 Agenda Item: 10A.

Submitted By: Code Compliance Division
Prepared By: Danielle Sorahan, Code Compliance Manager
Subject:
..titl e
S..bodyIDEWALK VENDING ENFORCEMENT AND IMPOUNDMENT PRACTICES REVIEW Fiscal Impact:

None to receive and file this report.

Summary:

At its meeting on July 24, 2024, the City Council directed staff to review and provide information on the enforcement and impoundment practices related to sidewalk vending in other Southern California cities. This report highlights key findings from Anaheim, Long Beach, Fontana, Orange, and Lake Forest, providing insights to guide San Clemente in addressing public health and safety concerns related to sidewalk vending.

Background:

Due to an increase in complaints and challenges related to sidewalk vending, the City Council initiated this review to identify effective enforcement practices that safeguard public health and safety while addressing community concerns and maintaining compliance with state law. The City currently enforces sidewalk vending operations under San Clemente Municipal Code (SCMC) Chapter 5.50, Sidewalk Vending. A copy of this Chapter is provided as Attachment 6 to this report.

The SCMC provides robust regulations on sidewalk vending in terms of permits required, locations for where vending is allowed, and administrative fines ranging from $100 to $500 per violation of SCMC Chapter 5.50. However, existing regulations do not provide a mechanism for impoundment of vending equipment. Additionally, current resources do not provide the necessary staffing or equipment needs to accommodate the creation of such a program.

Discussion:

The analysis for this report involved examining ordinances and enforcement practices across selected municipalities whose sidewalk vending ordinances contain impoundment procedures.

Staff focused on how these cities address challenges related to fines, impoundment, retrieval processes, and appeals. A common strategy observed was collaboration with County Health Departments to bolster enforcement efforts.

Conversations with enforcement officers from various cities provided insights into operational challenges and considerations. Attachment 1 includes a comprehensive comparison matrix that highlights key enforcement practices, which could serve as a potential framework for adaptation in San Clemente.
12 Meeting Date: August 20, 2024 Agenda Item: 10A.

CITY OF SAN CLEMENTE 2
Attachments 2 through 5 provide the municipal codes related to sidewalk vending from the other jurisdictions reviewed in this analysis. The following points summarize issues for City Council consideration:

A. Fines and Penalties:

Each city employs a tiered fine system for violations. Fines start at $100 for the first violation with a valid permit and escalate to $500 for subsequent offenses. For vending without a permit, fines begin at $250, increasing to $1,000 for repeated violations. This system is intended to encourage compliance and deter persistent violations.

B. Impoundment Procedures
Impoundment is generally triggered by safety violations, lack of proper permits, or noncompliance after warnings. Anaheim and Fontana implement immediate impoundment for items posing health or safety hazards, whereas Long Beach focuses on educational enforcement and has not yet begun impounding carts.

C. Retrieval Processes
Vendors are required to provide proof of ownership and pay fees to retrieve impounded items, with retrieval periods ranging from 30 to 90 days. Perishable goods are disposed of immediately if they cannot be stored safely.

D. Appeals Mechanisms
Each city provides an appeals process for contesting fines or impoundments. Appeals must be filed within a specific timeframe, typically ranging from 10 to 30 days. Hearings allow adjustments to issued fines based on factors such as the vendor's ability to pay.

E. Operational Considerations
Effective enforcement requires dedicated personnel, typically involving at least two officers on-site for cart retrieval and loading. The use of trucks equipped with lifts is essential for safely handling carts, and flatbed trucks may also be necessary for transportation. Secure storage facilities must accommodate both perishable and non-perishable goods, utilizing organic bins for perishables and dismantlers for processing unclaimed carts.

F. Enforcement Challenges
One of the primary challenges is vendors returning to their previous locations shortly after impoundment, making enforcement efforts more complex. This cycle of re-establishing operations quickly undermines enforcement actions. Additionally, the lack of proper identification among vendors hinders the ability to issue administrative citations effectively.

These issues are consistent with challenges faced by other Southern California cities, where enforcement agencies often encounter similar patterns of non-compliance and difficulty in sustaining enforcement measures over time. 13 Meeting Date: August 20, 2024 Agenda Item: 10A.

CITY OF SAN CLEMENTE 3
Council Options:
• Receive and file this report.
• Continue the Item with direction to provide additional information. • Provide specific direction to City staff for further action.

Environmental Review/Analysis:

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

Recommended Actions:

Staff recommends that the City Council receive and file this informational report. ..recommendation
..end
Attachment:

1. Matrix-Sidewalk Vendor Cart Impoundment and Enforcement Practices Comparison

2. City of Fontana Municipal Code- Sidewalk Vending Sec. 15-818

3. City of Long Beach Municipal Code- Chapter 5.73 Sidewalk Vendors

4. City of Anaheim Municipal Code-Chapter 4.52 Solicitors and Sidewalk Vendors

5. City of Lake Forest 2024 Ordinance Sidewalk Vending Impoundment

6. SCMC Chapter 5.50, Sidewalk Vending
Notification:

None
14 Attachment 1 Matrix – Sidewalk Vending Enforcement and Impoundment Comparison City Enforcement Authority Storage Duration Retrieval Process Fines and Appeals Miscellaneous Anaheim Code Enforcement Officers, Police Officers 90 days for non- perishable items; perishables disposed of immediately Vendors must claim items within 90 days, providing proof of ownership and payment of fees Fines: $100-$500 for violations with a permit; $250-$1,000 for vending without a permit. Appeals: Must be filed within 10 days of impoundment. Administrative hearing available for disputes. Vendors frequently operate in resort areas, where over 200 carts have been impounded in the last three months. Enforcement hours 7:30 am- 2:00am. Long Beach Code Enforcement Officer 90 days Vendors must present proof of ownership and pay removal and storage costs within 90 days Fines: $100-$500 for violations with a permit; $250-$1,000 for vending without a permit. Appeals: Must be submitted within 30 days. No deposit required for administrative hearings. Long Beach's sidewalk vending enforcement is under the Business Licensing Department, which has a dedicated officer for enforcement. Currently focused on educational enforcement and compliance. Fontana Code Enforcement Officers, Police Officers, and private contractors 30 days Vendors need to provide proof of ownership and pay applicable fees within 30 days to retrieve items Fines: $100-$500 for violations with a permit; $250-$1,000 for vending without a permit. Appeals: Must be filed within 15 days. Additional $232 hearing fee applicable. Fontana uses private contractors for enforcement, providing flexibility and additional resources to manage vending activities. 15 Attachment 1 City Enforcement Authority Storage Duration Retrieval Process Fines and Appeals Miscellaneous Orange Code Enforcement Officers, Police Officers, Firefighters 30-60 days for non- perishable items; perishables disposed of immediately Items must be claimed within 30-60 days, with written authorization required for third-party retrieval Fines: $100-$500 for violations with a permit; $250-$1,000 for vending without a permit. Appeals: Must be requested within 21 days. Successful appeals may result in a refund of fees. Vendors must pay $710.00 to retrieve impounded items after the holding period. Lake Forest Code Enforcement Officers 30 days Vendors must claim items within 30 days, providing proof of ownership and fee payment Fines: $100-$500 for violations with a permit; $250-$1,000 for vending without a permit. Appeals: Must be filed within 15 days. Hearings set within 60 days of filing. Lake Forest is hiring security officers to patrol high-traffic areas, serving as a deterrent for illegal vending. 16 Created: 2024-06-20 16:29:50 [EST]
(Supp. No. 59)

Sec. 15-818. Purpose.

The city finds that the vending of prepared or pre-packaged foods, goods, and/or wares at semi-permanent locations on public sidewalks and rights-of-way may pose unsafe conditions and special dangers to the public health, safety, and welfare of residents and visitors. The purpose of this article is to implement regulations on both roaming and stationary sidewalk vending that protect the public health, safety, and welfare of the community while complying with the requirements of general state law, as amended from time to time, to promote safe vending practices, prevent safety, traffic, and health hazards, and preserve the public peace, safety, and welfare of the community.
(Ord. No. 1789, § 5, 2-12-19)
Sec. 15-819 Definitions.

For purposes of this article the following definitions apply:

Certified famers' market means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.

City means the City of Fontana.

Director means the management services director or his or her designee.

Fixed location means any location at which a sidewalk vendor is located for more time than is necessary to complete a transaction.

Immediate vicinity means the lot on which the subject activity is occurring, or with respect to activities occurring within the public right of way, the area within 100 feet from the outer border of the subject right of way.

Other pedestrian path means a paved path owned by the city and held open for pedestrian travel that provides public access between two points and contains a minimum of 14 feet of width that is other than a sidewalk.

Park means a public park owned or operated by the city.

Roaming sidewalk vendor means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

Sidewalk means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation, specifically designed for pedestrian travel that is owned in fee or held as an easement by the city or other public entity.

Sidewalk vendor means a person who sells, offers to sell, operates, engages in or carries on a food or merchandise vending business from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other public pedestrian path.

Stationary sidewalk vendor means a sidewalk vendor who vends from a fixed location.

Swap meet means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.

Attachment 2
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Temporary special permit means a permit issued by the city for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts. Without limiting the nature of the foregoing, the following permits shall be deemed to be temporary special permits, when issued for such any of the foregoing locations: food truck event permit (section 15-928) and temporary use permit (section 30-89). (Ord. No. 1789, § 5, 2-12-19; Ord. No. 1822, § 2, 2-25-20) Sec. 15-820. Permits required.
(a) All sidewalk vendors shall obtain a sidewalk vending permit from the city's business license department prior to engaging in any sidewalk vending activities. All of the following information shall be required:
(1) Name, current mailing address, and phone number of the vendor, any person(s) who will be in charge of any sidewalk vending and/or be responsible for the person(s) working at the sidewalk vending location, and any person(s) that will be employed as roaming sidewalk vendors. (2) A description of the merchandise/goods to be offered for sale or exchange. (3) The days and hours of operation.
(4) A certification by the vendor that to his or her knowledge and belief, the information contained on the form is true.
(5) A copy of the California seller's permit with the sales tax number issued by the California Department of Tax and Fee Administration to the vendor, which notes that the city is a location or sub-location, which permit shall be maintained for the duration of the vendor's permit. (6) If the vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.
(7) Any one of the following: the vendor's social security card with the number, the vendor's California driver's license number, California identification number, or the vendor's taxpayer identification number. Any such identification number(s) collected shall not be available to the public for inspection and shall remain confidential and not be disclosed except as required to administer the permit program or comply with a state law or state or federal court order. (8) If preparing or selling food, a copy of the county health department health permit issued to the vendor and, if applicable, to the transport vehicle.
(9) For stationary sidewalk vendors, a site plan map of the proposed location(s) where vending will take place, showing that the sidewalk location maintains a minimum of 36 inches of accessible route area, in compliance with the Americans with Disabilities Act, which site plan shall be approved by the planning division in consultation with the engineering department. (10) For stationary sidewalk vendors, a public liability policy, including products liability insurance, issued by an insurance company approved by the city with limits of $1,000,000.00 each person, $2,000,000.00 each occurrence for personal and $1,000,000.00 each occurrence for property damage, or equivalent cash, certified check or cashier's check, in favor of the city, to insure the city against any and all liability of every nature whatsoever connected directly or indirectly with the applicant's activities. All insurance companies affording coverage shall be required to add the city as an additional insured under their insurance policy. A copy of the policy endorsement shall be provided to the city. A certificate of insurance, providing evidence of coverage in compliance with this article shall be supplied to the city prior to issuance of the permit.
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(11) If the sidewalk vendor will be selling food, a statement as to whether the food will be prepared on site, whether such food will require a heating element inside or on the sidewalk vending receptacle for food preparation, and the type of heating element.
(12) An acknowledgment that the sidewalk vendor will comply with all other generally applicable local, state and federal laws.
(13) A certification that, to the applicant's knowledge and belief, the information contained in the application is true.
(14) An agreement by the vendor to defend, indemnify, release, and hold harmless the city, its city council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever that may arise from or in any manner relate (directly or indirectly) to the permit or the vendor's sidewalk vending activities. This indemnification shall include, but not be limited to, damages awarded against the city, any costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action or proceeding whether incurred by the permittee, city and/or the parties initiating or bringing such proceeding. (15) An acknowledgment by the vendor that the use of public property is at the vendor's own risk, that the city does not undertake any steps to ensure public property is safe or conducive to sidewalk vending activities, and the sidewalk vendor uses public property at his/her own risk. (16) An acknowledgement by the vendor that the vendor will obtain and maintain throughout the duration of any permit issued under this chapter any insurance required by this chapter. (17) Proof of payment of the applicable business license tax. (18) Any other relevant information required by the director. (b) Prior to the issuance of a sidewalk vendor permit, the applicant shall cause to be filed with the director a LiveScan background check conducted by the California Department of Justice within the previous six months of the application date. The director shall furnish each applicant with a LiveScan request form for use at any LiveScan vendor location.
(c) At the time the application or renewal application is filed, the applicant shall pay a nonrefundable permit processing fee, which fee may be established and amended from time to time by resolution or motion of the city council.
(Ord. No. 1789, § 5, 2-12-19)
Sec. 15-821. Review of permit application; decision.
(a) Upon receipt of a properly completed and filed sidewalk vendor permit application, receipt of an acceptable LiveScan report issued by the department of justice, and payment of the applicable permit processing fee, the director shall conduct a preliminary investigation to determine compliance with this article and shall make such determination within no more than 30 days following such receipt to approve or deny the application. The director shall provide the applicant with written notice of his or her decision to the address indicated in the application.
(b) The director may deny an application for a permit if he or she makes any of the following findings:
(1) The applicant has failed to pay the application permit fee. (2) The applicant has made one or more material misstatements in the application for a permit. 19 Created: 2024-06-20 16:29:50 [EST]
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(3) The applicant does not have a valid social security card, valid California driver's license, California identification number, or valid individual taxpayer identification number, or municipal identification number.
(4) The applicant's vending operation, as described in the application, is inconsistent with the standards, conditions, and requirements of this article.
(5) The applicant is required to register under the provisions of California Penal Code Section 290. (6) Within three years of the date of the application, the applicant has been convicted in a court of competent jurisdiction or pled nolo contendere to any felony offense involving the sale of a controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058, or at the time of application is on probation or parole for any offenses set forth in this section for an offense that was committed within three years of the date of the application. (7) It is determined that the applicant does not possess all federal, state, and local permits and licenses necessary to engage in the activity in which he or she seeks to engage. (c) If the application is denied, the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his or her application is denied and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form. (d) If the director approves the applicant's permit, he or she shall endorse his or her approval on the application and shall, upon payment of the prescribed fee, deliver the permit to the applicant. (e) Exemptions. A sidewalk vending permit shall not be required for the following activities:
(1) The sale of agriculture products on the site where the product is grown. (2) Catering for private parties held exclusively on private property and not open to the general public. (3) Events permitted pursuant to a lawfully issued temporary event permit including but not limited to a certified farmers' market, swap meet, street fairs, outdoor concerts, sport league opening day, and business sidewalk sales.
(f) Term of permit. A sidewalk vending permit issued pursuant to this chapter shall automatically expire one year from the date issued, unless an earlier expiration date is noted on the permit. Renewal applications must be submitted 30 days prior to expiration of the permit. (g) Transferability. A sidewalk vending permit shall not be transferable to any other entity or person and is valid only as to the original applicant for the term stated.
(Ord. No. 1789, § 5, 2-12-19)
Sec. 15-822. Stationary sidewalk vending locations and standards. (a) Stationary sidewalk vendors shall be prohibited from operating or establishing in any residential zone of the city, including, the residential estates (R-E), single-family residential (R-1), medium-density residential (R-2), multiple-family residential (R-3), multiple-family medium/high density residential (R-4), multiple-family high density residential (R-5), residential planned community (R-PC), and any zone within any specific plan that permits residential uses.
(b) Stationary sidewalk vendors may operate in non-residential zones of the city, including mixed use zones, provided they meet all of the following:
(1) The sidewalk vendor is duly licensed and meets all requirements of section 15-820; and 20 Created: 2024-06-20 16:29:50 [EST]
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(2) The sidewalk vendor can set up their vending operation while still leaving a minimum of 36 inches of accessible path of travel, without obstruction, along the public sidewalk or public pathway; and (3) Sidewalk vending hours shall be conducted only between the hours of 8:00 a.m. and 9:00 p.m. of every day; and
(4) The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and (5) The sidewalk vendor location does not block any entrance to any building, driveway, parking space or building window; and
(6) No vending shall occur within ten feet of a fire hydrant, fire escape, bus stop, loading zone, handicapped parking space or access ramp, fire station driveway, or police station driveway; and (7) The sidewalk vendor shall not solicit in violation of section 15-819 of this Code; and (8) No fences, balloons, flags, banners, or any freestanding signs shall be permitted in conjunction with the vendor's vending activities; and
(9) The vendor shall not attach or use any water line, electrical line, or gas line during vending operations; and
(10) Exterior storage or display of refuse, equipment, materials, goods, wares, or merchandise associated with the vendor is prohibited; and
(11) No vending shall occur within the immediate vicinity of an event held pursuant to a temporary special permit for the duration of the special event, and within one-half hour before and one-half hour after the time such event is taking place; and
(12) No sound amplification equipment, music or live entertainment may be used in conjunction with any sidewalk vendor sales.
(13) One canopy with a maximum size of four feet by four feet is permitted; however; in no case may the canopy block the required 36-inch path of travel. One table not to exceed six feet in width may be permitted along with two chairs.
(Ord. No. 1789, § 5, 2-12-19; Ord. No. 1822, § 2, 2-25-20) Sec. 15-823. Sidewalk vending—Parks and certified farmer's markets. (a) Sidewalk vending of food or merchandise by roaming or stationary vendors shall be prohibited in any city park when the city or operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire or within the immediate vicinity of a permitted certified farmer's market or a permitted swap meet during the operating hours of that certified farmer's market or swap meet.
(b) Subject to the standards contained in section 15-822(b), sidewalk vendors may operate in city parks provided they meet the following:
(1) The sidewalk vendor is duly licensed and meets all requirements of section 15-820; and (2) For stationary sidewalk vending, the sidewalk vendor can set up their vending operation while still leaving a minimum of 36 inches of accessible path of travel, without obstruction, along the public sidewalk or public pathway; and
(3) The sidewalk vendor shall cease operations one hour prior to the close of the park. City parks are closed between the hours of 10:00 p.m. and 7:00 a.m.; and (4) The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and 21 Created: 2024-06-20 16:29:50 [EST]
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(5) The sidewalk vendor location does not block entrances to buildings, driveways, parking spaces, or building windows; and
(6) No vending shall occur within the immediate vicinity of an event held pursuant to a temporary event permit; and
(7) Only roaming sidewalk vendors shall be allowed in city parks with no concession stand operated by a vendor under exclusive contract with the city; and
(8) No sound amplification equipment, music or live entertainment may be used in conjunction with any sidewalk vendor sales in or near city parks and certified farmers' markets; and (9) No fences, balloons, flags, banners, or any freestanding signs shall be permitted in conjunction with the vendor's vending activities; and
(10) No sidewalk vending shall be allowed in, on or along the Pacific Electric Trail; and (11) One canopy with a maximum size of four feet by four feet is permitted; however; in no case may the canopy block the required 36-inch path of travel. One table not to exceed six feet in width may be permitted along with two chairs.
(Ord. No. 1789, § 5, 2-12-19; Ord. No. 1822, § 2, 2-25-20) Sec. 15-824. Roaming sidewalk vending.
(a) Roaming sidewalk vendors shall meet all of the following requirements:
(1) The sidewalk vendor is duly licensed and meets all requirements of section 15-820; and (2) Sidewalk vending hours for residential zones shall be conducted between the hours of 9:00 a.m. and 8:00 p.m.; and
(3) In nonresidential zones, sidewalk vending shall be conducted at any time during which any other business or use on the same street may lawfully operate. For purposes of the foregoing, "the same street" shall mean that portion of the street on which the sidewalk vending is occurring, and extending in both directions to the nearest intersections in each direction; and (4) The sidewalk vendor maintains the temporary vending area in a clean, orderly, and sanitary condition; and
(5) The sidewalk vendor does not block any entrance to any building, driveway, parking space, or building window; and
(6) The sidewalk vendor does not conduct sales from a public street, including the median portion of any street; and
(7) The sidewalk vendor does not solicit in violation of section 15-819 of this Code; and (8) No vending shall occur within the immediate vicinity of a certified farmers' market, a swap meet, or an event held pursuant to a temporary event permit; and
(9) No sound amplification equipment, music or live entertainment may be used in conjunction with any sidewalk vendor activity;
(10) No tables, chairs, fences, shade structures, balloons, flags, banners, on-site furniture, or any freestanding signs shall be permitted in conjunction with the vendor's vending activities. (11) The sidewalk vendor must not violate any county health requirements (i.e., may not sell food prepared on site, food requiring refrigeration, or unpackaged and/or opened food; all food and drinks must 22 Created: 2024-06-20 16:29:51 [EST]
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come from an approved source or from a facility permitted with the county environmental health services).
(Ord. No. 1789, § 5, 2-12-19)
Sec. 15-825. Suspension; rescission.
(a) A sidewalk vendor permit issued under this article may be temporarily suspended or permanently rescinded, at the director's discretion, by the director after two or more violations of this article at the director's discretion, for any of the following causes:
(1) Fraud or misrepresentation in the course of vending; (2) Fraud or misrepresentation in the application for the permit; (3) Vending in violation of any one or more of the provisions of this article; (4) Vending in a manner that creates a public nuisance or constitutes a danger to the public; or (5) Failure to pay the applicable business license tax. (b) Notice of the suspension or rescission of a sidewalk vendor permit issued under this chapter shall be mailed, postage prepaid, to the holder of the sidewalk vendor permit at his or her last known address. (c) No person whose sidewalk vending permit has been rescinded pursuant to this article shall be issued a sidewalk vending permit for a period of two years following the date revocation becomes final. (Ord. No. 1789, § 5, 2-12-19)
Sec. 15-826. Appeals to city manager.

In the event that any applicant or permittee desires to appeal from any decision, suspension, rescission, or other action of the director made under the provisions of this article, such applicant or any other person aggrieved shall have the right to appeal such action or decision to the city manager within 15 days after the notice of the action or decision has been mailed to the person's address as shown on the permit application. An appeal shall be taken by filing with the city clerk a written appeal statement setting forth the grounds for the appeal, along with the city's appeal fee, which shall be established by city council resolution. The filing of the appeal shall stay the enforcement of any decision suspending or rescinding the permit. The city clerk shall transmit the written statement to the city manager within ten days following its filing and payment of the appeal fee, and the city manager shall set a time and place for a hearing on appeal. A hearing shall be set not later than 60 days from the date of filing of the applicant's written appeal statement with the police department. Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of suspension or rescission at least five days prior to the date set for the hearing. At the hearing, the permittee and the city shall be entitled to legal representation and may present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The city manager shall not be bound by the traditional rules of evidence in a hearing, except that hearsay evidence may not be the sole basis for the decision of the city manager. The city manager may continue the hearing as deemed necessary. The decision of the city manager, or his or her designee, on the appeal shall be final and binding on all parties concerned. (Ord. No. 1789, § 5, 2-12-19)
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Sec. 15-827. Penalties.
(a) It is unlawful for any person to violate any provision or fail to comply with any requirements of this article. A violation of this article shall by punished by:
(1) An administrative fine not exceeding $100.00 for a first violation. (2) An administrative fine not exceeding $200.00 for a second violation within one year of the first violation.
(3) An administrative fine not exceeding $500.00 for each additional violation within one year of the first violation.
(b) A violation of vending without a sidewalk vending permit, may, in lieu of the penalties set forth in subsection (a), set forth above, be punished by:
(1) An administrative fine not exceeding $250.00 for a first violation. (2) An administrative fine not exceeding $500.00 for a second violation within one year of the first violation.
(3) An administrative fine not exceeding $1,000.00 for each additional violation within one year of the first violation.
(c) If an individual is subject to subsection (b), set forth above, for vending without a sidewalk vending permit, upon the individual providing proof of a valid permit issued by the city, the administrative fines set forth in this article shall be reduced to the administrative fines set forth in subsection (a), respectively. (d) The proceeds of any administrative fines assessed pursuant to this article shall be deposited in the treasury of the city.
(e) Failure to pay an administrative fine assessed under this article shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in this article shall not be assessed.
(f) Any violation of this article shall not be punishable as an infraction or misdemeanor, and any person alleged to have violated any provisions of this article shall not be subject to arrest except when otherwise permitted under law.
(g) When assessing an administrative fine pursuant to this article, the adjudicator shall take into consideration the person's ability to pay the fine. The city shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
(1) If the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, the city shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to this section.
(2) The city may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition. (h) A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under Senate Bill 946 had Senate Bill 946 been in effect at the time of the offense, may petition the court for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case. 24 Created: 2024-06-20 16:29:51 [EST]
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(i) Nothing contained herein shall be construed to impede the county's or city's ability to enforce county health department codes and regulations.
(Ord. No. 1789, § 5, 2-12-19)
Sec. 15-828. Seizure of evidence.

In accordance with applicable rules and regulations, any peace officer or code enforcement officer is authorized to seize as evidence any item used in the commission of a violation of any provision of this article.

Seized items shall be removed and stored in accordance with law. (Ord. No. 1789, § 5, 2-12-19)
Sec. 15-829. Impoundment.
(a) Impound means to seize or take custody of a sidewalk vending cart, equipment, food, utensils, goods, flowers, toys, furniture, or merchandise (collectively "Items") because of a violation of any applicable law or regulation.
(b) Impoundment authorization. Any city official, including a code compliance officer or inspector, police officer, firefighter, fire prevention specialist, or examiner may impound a sidewalk vendor's vending cart, equipment, food, utensils, goods, flowers, toys, furniture, or merchandise (collectively "items") used in violation of this article pursuant to the provisions of Section 2080.10 of the California Civil Code, Section 114393 of the California Health and Safety Code, and/or any other applicable city, county, or state law for any of the following reasons:
(1) Food displayed, offered, or made available for sale, including equipment or utensils used by a sidewalk vendor, without holding a valid and displayed health permit from the San Bernardino County Health Department in violation of county or state law.
(2) Items reasonably appear to be unattended or abandoned on public or private property for more than 30 consecutive minutes without moving from the exact spot it was located and reasonable attempts were made to locate the owner or responsible person(s) within the first 50 feet of the items. (3) Items displayed, offered, or made available for sale by a sidewalk vendor who does not possess a valid applicable sidewalk vending permit and a city business license. (4) Items displayed, offered, or made available for sale by a sidewalk vendor who operates in violation of this article; and refuses or fails to provide identification. (5) Operation in violation of this article and refusal or failure by a sidewalk vendor to remove items from public or private property within 30 consecutive minutes after being instructed to do so by a city official.
(6) Items displayed, offered, or made available for sale by a sidewalk vendor who vends in a manner that blocks or obstructs the free movement of pedestrians on sidewalks and fails to maintain a minimum of 48 inches of accessible path of travel, without obstruction, along the sidewalk upon which the vendor is vending so as to enable persons to freely pass while walking, running, or using mobility assistance devices, and/or in violation of the Federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards.
(7) Items displayed, offered, or made available for sale in violation of any applicable federal, state, county, or city laws, ordinances, and regulations, including, but not limited to, illegal or counterfeit 25 Created: 2024-06-20 16:29:51 [EST]
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merchandise, alcohol, tobacco, cannabis, smoke or vaping products, adult-oriented material, live animals, weapons, and/or pharmaceuticals.
(8) Items creating an imminent and substantial danger or environmental hazard to the health, safety, or general welfare of the public or property at the location of the vending cart such as, but not limited to, discharge of oil, grease, or other slippery substances on the street or sidewalk without any effort to maintain best management practices; using unapproved portable cooking equipment, heating element, gas-fueled appliance, generator, or any open flame; during an urgent or emergency public safety event or incident; lack of a fire extinguisher; using any luminaire, flashing lights, or any other animated devices or sign; or using, operating, or permitting any radio, loudspeaker, or other machine or device for the producing or reproducing of sound.
(9) Items displayed, offered, or made available for sale by a sidewalk vendor who has, within a 24-month period, been issued three or more administrative citations for violations of this article. (10) Items impounded as evidence of a crime or booked as property after an arrest of any sidewalk vendor involving any city, county, state, or federal law or regulation excluding this article. Such items shall be stored and released in accordance with the procedures set forth in the California Penal Code and any other applicable state law.
(c) Forfeiture impoundment authorization for repeat offenders. The city may immediately conduct a forfeiture impoundment of items from a sidewalk vendor who has been found responsible for engaging in sidewalk vending activities in violation of this article two or more times within a 24-month period (herein identified as a repeat offender) after being contacted by a city official who issued a notice of violation. An aggrieved repeat offender may appeal a city forfeiture impoundment action pursuant to the procedures set forth in this section.
(d) Disposal authorization. The city may immediately dispose of impounded items that are perishable and/or cannot be safely stored.
(e) Impoundment period of items held by city. The impoundment of any sidewalk vendor's items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored, may be held by the city for not less than 30, nor more than 60, calendars days from the date of impoundment.
(f) Impoundment notification. Upon impoundment of items under this section, the director or designee shall do all the following:
(1) Take responsibility for the storage, documentation, and disposition of the items excluding any Items that were immediately disposed of because they were perishable and/or could not be safely stored. (2) Provide the person from whom the items were taken with a receipt and instructions for the retrieval of the items excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored. The receipt and instructions shall either be given to the person from whom the items were taken at the time the city official obtained the items or mailed on the next business day, by first class mail, to the person from whom the items were taken. (3) If the city official has knowledge that the person from whom the items were taken is not the owner, the director or designee shall make reasonable efforts to identify the owner. If the owner is identified, the director or designee shall mail, by first class mail, a receipt and instructions for the retrieval of the items excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored.
a. The receipt and instructions shall notify the person from whom the items were taken that the items must be claimed either within (A) 30 calendar days of impoundment pursuant to Section 114393 of the California Health and Safety Code and/or (B) 60 calendar days of impoundment 26 Created: 2024-06-20 16:29:51 [EST]
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pursuant to Section 2080.10 of the California Civil Code, and that if the items are not claimed within the applicable time, the items will be disposed of in accordance with the disposal provisions of this section or any other applicable county or state law. Within the applicable 30 or 60 calendar days, the person may do one of the following.

1. Retrieve the items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored.

2. Authorize in writing another person to retrieve the items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored.

3. Notify the city in writing that they are unable to retrieve the items because they are in custody (e.g., jail or prison) and request the city to hold the items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored. If a person notifies the city that they are unable to either retrieve the items within the applicable 30 or 60 calendar days, or have an authorized person retrieve the items, the city shall hold the items for not longer than ten additional months, after which time the city may dispose of the items in accordance with the disposal provisions of this Code or any other applicable county or state law.
b. Pursuant to state law, the city shall not be liable for damages caused by any official action performed with due care regarding the disposition of items pursuant to this section and the disposal provisions of this article.
(g) Appeal of impoundment. An aggrieved sidewalk vendor may, within 15 calendar days of the impoundment, appeal the impoundment of their items by requesting an administrative hearing before the city manager or the city manager's designee pursuant to the procedures described in section 15-826 of this article and, if successful in their appeal, may have their Items returned, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored and shall not be required to pay the impound fee(s). If the sidewalk vendor is successful on appeal, any appeal fee paid by the sidewalk vendor shall be refunded.
(h) Recovery of impounded items and payment of impound fees. A sidewalk vendor may recover impounded items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored, upon paying applicable impound fees and demonstrating proper proof of ownership of the items.
(i) The city council may by resolution adopt impound fees, which shall reflect the city's personnel, enforcement, investigation, storage, disposal, and impound costs.
(j) Unclaimed items. Any unclaimed items will be considered abandoned and forfeited to the city after (A) 30 calendar days of impoundment pursuant to Section 114393 of the California Health and Safety Code and/or (B) 60 calendar days of impoundment pursuant to Section 2080.10 of the California Civil Code, or any other applicable city, county, or state law.
(k) The director is further authorized to develop additional regulations for the storage and release of impounded items not in conflict with this article.
(Ord. No. 1925, § 3, 10-24-23)
27 Title 5 - REGULATION OF BUSINESSES, TRADES AND PROFESSIONS CHAPTER 5.73 SIDEWALK VENDORS
Long Beach, California, Municipal Code Created: 2024-06-10 14:17:07 [EST] (Supp. No. 46, Update 1)

CHAPTER 5.73 SIDEWALK VENDORS
DIVISION I. PURPOSE AND DEFINITIONS

5.73.010 Purpose.

The purpose of this Chapter is to establish a sidewalk vendor regulatory program. The provisions of this Chapter allow the City to encourage entrepreneurship and economic development opportunities to low-income and immigrant communities while protecting the public's health, safety and welfare; the City's natural resources and recreational opportunities; and the natural character of areas zoned as parks. (ORD-24-0002 § 1, 2024)

5.73.020 Definitions.

If a term or phrase is not defined in this Chapter, or elsewhere in this Code, the most common dictionary definition is presumed to be correct. For the purposes of this Chapter, the following terms and phrases shall have the meanings respectively ascribed to them in this Section unless, from the particular context, it clearly appears that some other meaning is intended.

A. "Above ground structure" means any structure permanently affixed to a public sidewalk or other pedestrian path, including, but not limited to, public benches, bicycle racks, fences, fire hydrants, gates, mailboxes, parking meters, sign poles, street lights, traffic signal poles, tree wells, utility boxes, and utility poles.

B. "Beach access point" means those identified in the coastal access inventory prepared and updated pursuant to Section 30531 of the Public Resources Code.

C. "Certified farmers' market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the California Food and Agricultural Code.

D. "Curb" means the edge where a raised sidewalk or other pedestrian path meets a street or other roadway.

E. "City" means the City of Long Beach.

F. "Food" means a raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum.

G. "Highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.

H. "Merchandise" means any personal property, other than food, capable of manual delivery, displayed, held, or offered for retail sale by a vendor.

I. "Park" or "area zoned as a park" means any publicly owned natural and open areas for active and passive public use for recreational, cultural and community service activities, including but not limited to, spaces dedicated or designated as parks in Table 35-2 or any successor table or amendments to said table as set forth in Chapter 21.35 of this Code.

Attachment 3
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J. "Parklet" means a small area open to public use, utilizing one or more on-street parking spaces and may include adjacent public walkways or other right-of-way, that may combine elements including dining, entertainment, seating, planting, landscaping, lighting, shade, bicycle parking, and/or artwork, as permitted pursuant to Chapter 14.15 of this Code.

K. "Parkway" means the area between the sidewalks and the curb of any street, and where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. "Parkway" also includes any area within a roadway which is not open to vehicular travel. "Parkway" does not include street medians.

L. "Pedestrian path" means a path or walkway, including a sidewalk specifically designed for pedestrian travel. It does not include shared-use paths (e.g., paths designated for both bicycle and pedestrian travel).

M. "Person" means a natural person as well as an entity, company, partnership, corporation, association, organization, or any other legal entity or group, and includes the plural as well as the singular number.

N. "Private property" means any real property, parcel of land, or lot that has a separate certificate of title which is in private ownership or the subject of a lease or agreement with a person enabling its use for private purposes and includes any building or structure thereon. "Private property" includes real property owned by City that is leased to a private person.

O. "Residential" means any area zoned as a residential district in Title 21 of this Code.

P. "Sidewalk" means that portion of a highway, other than the roadway, set apart by curbs, barriers, concrete, markings or other delineation for pedestrian travel.

Q. "Sidewalk vending" means selling food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path, and all associated activities, including, but not limited to, set up or break down of equipment, and display or exposure of food or merchandise for immediate sale.

R. "Sidewalk vendor" means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path.

1. "Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

2. "Stationary sidewalk vendor"' means a sidewalk vendor who vends from a fixed location.

S. "Swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the California Business and Professions Code, and any regulations adopted pursuant to that article.

T. "Temporary special permit" means a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts.
(ORD-24-0002 § 1, 2024)
DIVISION II. ADMINISTRATION
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5.73.030 License and permits required.

A. It is unlawful for any person to engage in, operate, conduct, carry on, or allow to be carried on, or otherwise engage in any sidewalk vending without having first met the following requirements:

1. The person has a valid business license pursuant to Chapter 3.80 of this Code;

2. The person has a valid sidewalk vendor business permit pursuant to the requirements of Title 5 of this Code, including the requirements in this Chapter; and

3. The person has a valid seller's permit applicable to sidewalk vending issued by the California Department of Tax and Fee Administration (CDTFA), to the extent required by law.

B. Additionally, it is unlawful to engage in, operate, conduct, carry on, or allow to be carried on, or otherwise engage in the sidewalk vending of food without also having first obtained a health permit from the City Department of Health and Human Services.

1. Exception: A sidewalk vendor with twenty-five (25) square feet or less of display area from which only prepackaged non-potentially hazardous food and whole uncooked produce is sold is not required to obtain a health permit.

C. Sidewalk vendor business and health permits are non-transferable. Any change in ownership or operation requires new permits.
(ORD-24-0002 § 1, 2024)

5.73.040 Sidewalk vendor business license.

Each sidewalk vendor is subject to and must comply with the provisions of Chapter 3.80 of this Code related to the City's business license tax. Notwithstanding the foregoing, every person who applies for a sidewalk vendor business license/permit within the first year of the effective date of this Chapter 5.73 of this Code shall not be subject to the business license tax imposed by Section 3.80.253 of this Code for the first year of the applicant's operation as a sidewalk vendor.
(ORD-24-0002 § 1, 2024)

5.73.050 Sidewalk vendor business permit - application and fees.

A. Each sidewalk vendor is subject to and must comply with Chapter 5.04 of this Code related to the administration of City business permits.

B. An application for a sidewalk vendor business permit shall be filed in compliance with Chapter 5.04 of this Code, using a form approved by the City for that purpose, and which shall be certified by the applicant that to the best of the applicant's knowledge, the information contained on the form is true. Applications shall contain, at a minimum, the following information:

1. Name and current mailing address of the applicant;

2. Description of the merchandise or food offered for sale;

3. CDTFA seller's permit number, to the extent required by law; and

4. If the applicant is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.
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C. The applicant for a sidewalk vendor business permit is required to produce a social security number or alternative form of identification. Acceptable alternative forms of identification include a California driver's license or identification number, or an individual taxpayer identification number. The collected identification number shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit and licensure program, to comply with a state law, or to comply with state or federal court order.

D. Payment of the sidewalk vendor business license tax shall satisfy the fee for a sidewalk vendor business permit under Section 5.04.040 of this Code.

A sidewalk vendor business permit shall not be issued for sidewalk vending of food unless the vendor first obtains a valid City-issued health permit. Applicants intending to sell food must produce a valid City-issued health permit upon application for a sidewalk vendor business permit. (ORD-24-0002 § 1, 2024)

5.73.060 Sidewalk vendor business permit - investigation.

Every sidewalk vendor shall be subject to inspections to ensure compliance with this Code and any other applicable law.
(ORD-24-0002 § 1, 2024)

5.73.070 Sidewalk vendor business permit - term and renewal.

A sidewalk vendor business permit issued under the provisions of this Chapter shall be effective for a one (1) year period after issuance, and shall be automatically renewed every year upon payment of the required business license tax, provided the Director of Financial Management determines that the permitee has complied with the provisions of this Chapter and all applicable laws during the preceding permit term. (ORD-24-0002 § 1, 2024)

5.73.080 Sidewalk vendor business permit - cancellations, suspensions, revocations, denials, and appeals.

A. The cancellation, suspension, revocation, denial and appeal of a sidewalk vendor business permit shall be governed by the provisions of Chapter 5.06 of this Code.

B. No person shall conduct any sidewalk vending during the pendency of a related business permit application, during the time such a permit has been suspended, or at any time after such a permit has been denied, cancelled, or revoked, unless the permit is later granted or reinstated.

C. In the event the sidewalk vendor license and/or permit is canceled, suspended, denied or revoked, any associated business permit and/or license is simultaneously and automatically deemed canceled, suspended, denied or revoked.
(ORD-24-0002 § 1, 2024)

5.73.090 Health permit for sidewalk vending of food.

Each sidewalk vendor vending food must also obtain a City-issued health permit pursuant to Section 5.04.050 and Title 8 of this Code, and the California Health and Safety Code. Notwithstanding the foregoing, every person 31 Created: 2024-06-10 14:17:06 [EST]
(Supp. No. 46, Update 1)

who applies for or renews a health permit to operate as a sidewalk vendor of food within the first year of the effective date of this Chapter 5.73 of this Code shall not be subject to any City health permit and/or plan check fee for the first year of the applicant's operation as a sidewalk vendor. (ORD-24-0002 § 1, 2024)

5.73.100 Insurance.

A. Every sidewalk vendor shall, as a condition precedent to the operation of sidewalk vending, obtain insurance as prescribed in regulations issued by the City Manager pursuant to Section 2.84.040. Every sidewalk vendor shall file such insurance with the Director of Financial Management.

B. Every sidewalk vendor shall maintain the insurance in full force and effect when conducting sidewalk vending. Failure to maintain such insurance shall be cause for suspension or revocation of a sidewalk vendor business permit.

C. Prior to the issuance or renewal of a sidewalk vendor business permit, each sidewalk vendor shall execute an indemnity agreement on a form provided by the City which provides that, by the acceptance or use of the sidewalk vendor permit, the sidewalk vendor shall indemnify, defend, protect and hold harmless the City, its Boards, Commissions, and their officials, employees, and agents from and against any and all liability, claims, demands, damage, loss, obligations, causes of action, proceedings, awards, fines, judgments, penalties, costs and expenses, arising or alleged to have arisen, in whole or in part, out of or in connection with the vendor's sidewalk vending (collectively "claims") and that the sidewalk vendor shall notify the City of any claim within ten (10) days.

D. City will comply with the California Values Act, Chapter 17.25 (commencing with Section 7284) of Division 7 of Title 1 of the Government Code, and City of Long Beach Administrative Regulation 33: Procedures Regarding the Requesting, Collecting, and Maintaining of Sensitive Information and the Enforcement of Federal Immigration Law in relation to the collection of information of sidewalk vendors. (ORD-24-0002 § 1, 2024)
DIVISION III. GENERAL OPERATING CONDITIONS AND LOCATIONS

5.73.110 Sidewalk vending - general operating conditions.

A. All sidewalk vendors must comply with all applicable provisions of the Long Beach Municipal Code, including, but not limited to:

1. Chapter 8.63 - Polystyrene Food Packaging;

2. Chapter 8.80 - Noise;

3. Section 16.08.420 - Disposal of refuse;

4. Section 16.12.260 - Sanitation (Pacific Ocean Areas); and

5. Section 16.16.140. - Park Playgrounds - Adults not accompanying children ages 12 and under prohibited.

B. All sidewalk vendors vending food must comply with and are subject to:

1. Title 8 of this Code; and

2. The California Health and Safety Code.
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C. Hours of operation. Sidewalk vending may only be conducted during the following hours of operation:

1. Permissible roaming sidewalk vending in residential areas may occur between the hours of 8:00 a.m. and 8:00 p.m., or between 8:00 a.m. and sunset, whichever is later.

2. Permissible sidewalk vending in non-residential areas, excluding areas zoned as parks, may occur between the hours of 6:00 a.m. and 10:00 p.m. or during the operating hours imposed on other businesses on the same block, whichever is least restrictive.

3. Permissible sidewalk vending in areas zoned as parks may occur between the hours of 8:00 a.m. and the closing time of the park or, if there is no designated closing time, at sunset.

4. Notwithstanding the aforementioned operating hours, no sidewalk vendor may vend within one (1) block of any school grounds from Monday through Friday, between the hours of 7:00 a.m. and 5:00 p.m. of said days.

D. All sidewalk vendors must operate in a space no larger than one hundred (100) square feet.

E. All sidewalk vendors must maintain adequate trash containers in or on their sidewalk vending conveyance or self, such that any trash generated by the sidewalk vending and/or the customers of the sidewalk vendor can be properly collected and disposed of by the sidewalk vendor.

F. All sidewalk vendors must clean up all trash and debris related to their sidewalk vending within a ten (10) foot radius around their vending area. No sidewalk vendor shall use a public trash receptacle to dispose of their trash.

G. All sidewalk vendors shall immediately clean up any food, grease, fluid, or items related to their sidewalk vending that falls onto public or private property.

H. Any set up of tables, chairs, canopies, and/or umbrellas must be for the sole use of the sidewalk vendor. Any umbrella must have a minimum height of eight (8) feet and must be secured. Stationary sidewalk vendors may set up one (1) canopy for the sole use of the sidewalk vendor, not to exceed ten (10) feet by ten (10) feet and must abide by the following: the canopy must be properly secured and must have a cane-detectable barrier between each of the legs of the canopy. If using a canopy, a stationary sidewalk vendor shall maintain a minimum four (4) feet of clear, uncovered sidewalk/pedestrian path width as a path of travel, and five (5) feet in areas identified as High Volume or Very High Volume Pedestrian Zones as designated by the City's Traffic Engineer and Director of Public Works. Sidewalk vendors may not set up tables, chairs, umbrellas or canopies for customer use.

I. All sidewalk vendors must comply with all applicable laws relating to the employment of minors. Any minor assisting with or engaged in sidewalk vending shall be accompanied by a sidewalk vendor with the required valid license and permit(s). Any and all actions of the minor related to sidewalk vending, including any violations committed by the minor, shall be attributable to the sidewalk vendor.

J. All sidewalk vendors must comply with all posted parking restrictions, including when using motorized vehicles to load or unload sidewalk vending conveyances, equipment, materials, or personnel.

K. No sidewalk vendors shall drive onto or otherwise stage any motorized vehicle on any curb, parkway or sidewalk to load or unload sidewalk vending conveyances, equipment, materials or personnel. No sidewalk vendors shall use any motorized vehicle to drive onto sidewalks, pedestrian paths, pathways, turf, or sandy areas.

L. Stationary sidewalk vendors shall not use amplified or non-amplified sound-making devices in conjunction with their sidewalk vending, such as speakers, microphones, public address systems, bells, and chimes.

M. Roaming sidewalk vendors shall not use amplified or non-amplified sound-making devices in conjunction with their sidewalk vending, with the exception of bells and chimes. 33 Created: 2024-06-10 14:17:06 [EST]
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N. Sidewalk vendors may not use red and blue flashing signs. Any other flashing sign used in sidewalk vending must not be facing a highway or traffic.

O. Sidewalk vendors may use a private property owner's utilities (e.g., water or power) only if the sidewalk vendor has prior authorization from the private property owner and use of the utilities does not present a safety hazard (e.g., tripping hazard) or accessibility challenge.

P. All sidewalk vendors shall not:

1. Leave their sidewalk vending conveyance, equipment, food, and/or merchandise unattended.

2. Store their sidewalk vending conveyance, equipment, food, and/or merchandise on public property.

3. Rent merchandise to customers.

4. Solicit sales by travelling door-to-door on private property.

5. Hang or affix any items to above ground structures, fences, gates, trees, or onto public or private buildings.

6. Display merchandise or food that is not available for immediate sale.

7. Vend food or merchandise that requires verification of a minimum age for purchase, such as alcoholic beverages (as defined in Section 9.02.020 of this Code), tobacco, tobacco products, cannabis, or firearms.

8. Vend any controlled substance, drug, or pharmaceutical.

9. Vend vaping or drug paraphernalia.

10. Vend adult-oriented material.

11. Vend animals.

12. Vend counterfeit, stolen, or illegal goods.

13. Vend weapons, including but not limited to, knives, guns, explosive devices, BB devices, or imitation firearms.

14. Dispose of items or materials onto or into the curbs, gutters, streets, drains, storm drain system, or onto any other public or private property. Items include, but are not limited to, food debris, hot coals, ashes, grease, and any water or rinse residue used for sidewalk vending, such as cooler water, ice, or food preparation water.

15. Adversely affect the City's ability to perform municipal functions or furnish City services.

16. Interfere with the performance of police, firefighter, lifeguard and/or emergency medical personnel services.

17. Obstruct the free and easy access to and departure from any portion of any public landing, pier or wharf within the marinas.
(ORD-24-0002 § 1, 2024)

5.73.120 Sidewalk vending - location requirements.

A. Stationary sidewalk vendors shall maintain a minimum four (4) feet of clear sidewalk/pedestrian path width as a path of travel, and five (5) feet in areas identified as High Volume or Very High Volume Pedestrian Zones as designated by the City's Traffic Engineer and Director of Public Works.

B. Sidewalk vendors shall not vend:
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1. On any public property that does not meet the definition of a "sidewalk" or "pedestrian pathway," as defined by this Chapter, unless otherwise authorized by this Chapter.

2. On any private property, unless authorized by the owner of the private property and the vendor has secured an administrative use permit. This includes any City-owned property subject to a lease agreement, including, but not limited to, the Long Beach Convention and Entertainment Center, Shoreline Village, the Pike Outlets, Rainbow Harbor Esplanade, Rancho Los Alamitos, Rancho Los Cerritos, municipal golf courses and community gardens.

3. At a protected habitat or mitigation areas, including but not limited to, Colorado Lagoon, DeForest Park and Wetlands, El Dorado Nature Center, Golden Shore Marine Reserve, Jack Dunster Marine Reserve, Los Cerritos Wetlands, Sims Pond, and Willow Springs Park and Wetlands.

4. On any sidewalk or other pedestrian path with a slope greater than five (5) percent or where signage indicates that wheels must be cramped to the curb.

5. In any location where the sidewalk vending obstructs traffic signals or regulatory signs.

6. To any customer in an unparked vehicle, including a vehicle that is stopped in traffic.

7. On any sidewalk, roadway or adjacent shoulder within five hundred (500) feet of a freeway off ramp or on ramp.

8. Within eighteen (18) inches of the edge of a curb.

9. Within five (5) feet of an above ground structure.

10. Within five (5) feet of a bus stop or Metro stop.

11. Within ten (10) feet of a driveway, alley approach or marked crosswalk.

12. Within ten (10) feet of an ATM or outlined shared e-scooter or bike parking.

13. Within fifteen (15) feet of a commercial outdoor dining area, sidewalk dining area, permanent parklet, or location with a valid encroachment permit.

14. Within fifteen (15) feet of a street intersection.

15. Within fifteen (15) feet of a loading zone, ADA curb/ramp/curb cut, parking space, or access ramp designed for individuals with disabilities.

16. Within twenty-five (25) feet of a beach access point.

17. Within fifty (50) feet of a railroad crossing.

18. Within twenty-five (25) feet of a Los Angeles County waterway and/or flood control fencing.

19. Within one hundred (100) feet of the vehicle entrance of any fire station, police department, hospital, lifeguard tower, lifeguard headquarters, or any other emergency response structure or path.

20. Within one hundred (100) feet of a posted sidewalk or street closure, unless otherwise permitted.

C. Stationary sidewalk vendors shall not vend:

1. In areas zoned as exclusively residential.

2. Within twenty (20) feet of any detached or freestanding single-family home located in a mixed-use zone (i.e., area zoned as both residential and commercial).

3. Within ten (10) feet of an entrance or exit to a building/ structure/facility, fire escape, or emergency exit.
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4. Within fifteen (15) feet of a Fire Department connection, fire hydrant, fire lane or any fire backflow preventer.

5. Within twenty (20) feet of another stationary sidewalk vendor.

D. Roaming sidewalk vendors shall not vend:

1. Where they block the entrance or exit to a building/structure/ facility, fire escape, or emergency exit.

2. Where they block a Fire Department connection, fire hydrant, fire lane or any fire backflow preventer.

E. Sidewalk vendors vending food shall not vend within fifteen (15) feet of a public restroom.

F. Sidewalk vendors may vend in a parkway, so long as the vending only occurs on areas where plants are not present, no damage is done to the parkway landscaping, it is safe to vend in the parkway, and all other requirements under this Chapter are met.

G. For permitted swap meets, permitted certified farmers' markets, and areas designated for a temporary special permit (collectively "events"), the following also applies:

1. For events with less than five thousand (5,000) attendees and where limited venue access/egress is not a factor, sidewalk vendors may not vend within two hundred fifty (250) feet of the event.

2. For events with more than five thousand (5,000) attendees and where limited venue access/egress is not a factor, sidewalk vendors may not vend within five hundred (500) feet of any entrance or exit to the event or within two hundred fifty (250) feet of the perimeter of the event.

3. For all other events, sidewalk vendors may not vend within five hundred (500) feet of the event.

4. The vending restrictions described above in subparagraphs (1) through (3) to paragraph G of this Section, apply as follows:
a. For permitted swap meets or permitted certified farmers' markets: during the limited operating hours of the certified farmer's market or swap meet.
b. For an area designated for a temporary special permit: during the limited duration of the temporary special use permit.

5. For areas designated for a temporary special permit, any notice, business interruption mitigation, or other right provided to affected businesses or property owners under the City's temporary special permit are also provided to any sidewalk vendors specifically permitted to operate in the area, if applicable.

H. In areas zoned as parks, the following also applies:

1. Stationary sidewalk vendors are not permitted to operate within five hundred (500) feet of any concessionaire that has signed an agreement for concessions with the City that exclusively permits the sale of food or merchandise by the concessionaire.

2. Sidewalk vendors are not permitted to operate within fifteen (15) feet of any City monument, statue, memorial, or art installation.

3. Stationary sidewalk vendors may vend within the space ten (10) feet off of a pedestrian, bike, or shared use path, measured perpendicular to the path, so long as it is safe to do so, customers do not queue on the path, the vendor is not within five hundred (500) feet of a concessionaire that has signed an agreement with the City that exclusively permits the sale of food or merchandise by the concessionaire, and all other requirements under this Chapter are met.

4. Sidewalk vendors shall not use any motorized vehicle to drive onto pathways, turf or sandy areas. 36 Created: 2024-06-10 14:17:07 [EST]
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5. Sidewalk vendors shall take appropriate care to not damage turf, irrigation or any other infrastructure while engaging in sidewalk vending.

6. Roaming sidewalk vendors may vend on greenspace or sandy areas, but shall not interfere with any sporting events or the free use of any designated sport play areas or open recreation space and shall not approach spectators who are watching a sporting activity to vend food or merchandise. (ORD-24-0002 § 1, 2024)

5.73.130 Sidewalk vending - exception for minor vendors.

In residential zones only, minors under age of eighteen (18) vending on public sidewalks or other pedestrian paths for a temporary use or selling products for a recognized 501(c)(3) charity for the purpose of fundraising shall be exempt from the requirements of this Chapter. Access and accessibility provisions still apply. (ORD-24-0002 § 1, 2024)
DIVISION IV. ENFORCEMENT AND PENALTIES

5.73.140 Enforcement.

Violations of this Chapter are enforceable using the administrative citation procedures set forth in Chapter

9.65 of this Code. Fines for violations of this Chapter shall be assessed pursuant to Section 5.73.160 below. (ORD-24-0002 § 1, 2024)

5.73.150 Impoundment.

A. Any sidewalk vendor with a valid sidewalk vendor business permit that operates in violation of any provision of this Chapter will first be offered an opportunity to remedy the violation in order to continue vending. If the sidewalk vendor refuses to or cannot come into compliance, an enforcement officer may order the sidewalk vendor to immediately cease and desist any vending and to remove themselves from the vending area. If the sidewalk vendor fails to comply, the sidewalk vendor's equipment, food, and/or merchandise may be impounded or disposed of pursuant to paragraphs B and C of this Section, below.

B. A sidewalk vendor's vending equipment, food and/or merchandise is subject to summary and immediate impoundment if the vendor:

1. is vending prohibited items, as described in Section 5.73.110.N, subparagraphs 7 through 13 of this Code;

2. does not possess a valid sidewalk vendor business permit;

3. leaves sidewalk vending equipment, food, and/or merchandise unattended; or

4. is a permitted sidewalk vendor who cannot or refuses to comply with an enforcement officer's request to come into compliance with the Code, and who refuses to cease vending.

C. Equipment, food and/or merchandise is subject to immediate disposal, rather than impoundment, if the equipment, food and/or merchandise cannot be stored, is perishable, or presents a health or safety concern.

D. For any impoundment under this Section, the person from whom property was taken shall be provided with a receipt and instructions for the retrieval of the property. The receipt and instructions shall either be given 37 Created: 2024-06-10 14:17:07 [EST]
(Supp. No. 46, Update 1)

to the person from whom the property was taken at the time the property is obtained, or mailed, by firstclass mail, to the person from whom the property was taken, if the person provides a valid form of identification which includes the person's contact information.

1. The receipt and instructions shall notify the person from whom the property was taken that the property must be claimed within ninety (90) calendar days after City takes possession of the property or the property will be disposed.

2. If the owner or person responsible for unattended items cannot be identified, or if a person refuses to provide identification for the issuance of an administrative citation, the enforcement officer shall document the date, time period, and location where the impounded property was observed; the circumstances supporting the enforcement officer's finding that the property was unattended, if applicable; any reasonable attempt to locate the owner of the property; any refusal by the owner of the property to provide identification; and a complete description of the property, including any property that was immediately disposed of because it was perishable or presented a health or safety concern. This document shall be maintained by the City with any impounded property.

3. Impounded property may be recovered within ninety (90) calendar days from the date of impoundment, upon presentation of proof of ownership and full payment of a sum equal to the cost of removing and storing the impounded property.

4. Any unclaimed impounded property will be considered abandoned and forfeited to the City after ninety (90) calendar days following impoundment.

5. A person whose property is impounded pursuant to this Section may request an administrative hearing by submitting a written request for hearing form and returning it to the Department of Financial Management within thirty (30) calendar days of impoundment. The administrative hearing shall be conducted in accordance with Chapter 9.65 of this Code and may be held at the same time as the administrative hearing on any related administrative citation issued under this Chapter. No deposit is required to request a hearing on impounded property under this Section.

6. The City Manager or the Department of Financial Management may develop additional regulations for the storage and release of impounded property.

E. None of the aforementioned impoundment actions in this Section prevents an enforcement officer from issuing an administrative citation to a person reasonably believed to be in violation of any provision of this Chapter.
(ORD-24-0002 § 1, 2024)

5.73.160 Penalties.

A sidewalk vendor who violates any provision of this Chapter is subject to the penalties enumerated in paragraphs A and B of this Section below, and not of Section 5.08.030.A of this Code.

A. Violations of this Chapter.

1. Any violation of this Chapter shall be punishable only by the following:
a. An administrative fine not exceeding one hundred dollars ($100) for a first violation. b. An administrative fine not exceeding two hundred dollars ($200) for a second violation within one (1) year of the first violation.
c. An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one (1) year of the first violation.
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d. City may revoke a sidewalk vendor business permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.

2. The owner, manager, or operator of any sidewalk vending activity is responsible for any violation by an employee of any provision of this Chapter. Any violation of this Chapter by an employee shall be deemed a violation for which the owner, manager or operator of each sidewalk vending activity is responsible.

B. Sidewalk vending without a valid sidewalk vendor business permit.

1. Sidewalk vending without a valid sidewalk vendor business permit shall be punishable by the following:
a. An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation. b. An administrative fine not exceeding five hundred dollars ($500) for a second violation within one (1) year of the first violation.
c. An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one (1) year of the first violation.

2. Upon proof of a valid sidewalk vendor permit issued by the City, the administrative fines set forth in subparagraph (B)(1) shall be reduced to the administrative fines set forth in subparagraph (A)(1) of this Section, respectively.

C. Failure to pay an administrative fine pursuant to this Section shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in this Section shall not be assessed.

D. Sidewalk vending of food without a valid City health permit shall be punishable pursuant to the California Health and Safety Code.

E. Violations of any rule, regulation, or statute outside of this Chapter may be independently enforced and penalized as prescribed by law.
(ORD-24-0002 § 1, 2024)

5.73.170 Ability-to-pay determination.

A. Any fine issued under this Chapter will be accompanied with a notice of the right to request an ability-to-pay determination with instructions or other materials for requesting an ability-to-pay determination.

B. At any time before the citation is paid, the cited party may request an ability-to-pay determination.

C. When assessing an administrative fine pursuant to this Chapter, the adjudicator shall take into consideration the person's ability to pay the fine. The adjudicator shall have the power to reduce the fine based upon the person's ability to pay the fine.

1. If the adjudicator finds the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, the City shall accept, in full satisfaction, twenty (20) percent of the administrative fine imposed pursuant to this Chapter.

2. The adjudicator may waive the administrative fine or may offer an alternative disposition. (ORD-24-0002 § 1, 2024)
39 Created: 2024-06-10 14:17:07 [EST]
(Supp. No. 46, Update 1)

5.73.180 Severability.

If any provision of this Chapter, or the application thereof to any person or circumstance, is held invalid, that invalidity shall not affect any other provision or application of this Chapter that can be given effect without the invalid provision or application; and to this end, the provisions or applications of this Chapter are severable. (ORD-24-0002 § 1, 2024)
40 Chapter 4.52
SOLICITORS AND SIDEWALK VENDORS*
Sections:

4.52.010 Solicitor’s permit required.

4.52.020 Solicitor's permit application.

4.52.030 Revocation of solicitor’s permit.

4.52.040 Unlawful conduct by solicitors.

4.52.050 Sidewalk vendors.

4.52.060 Sidewalk vending prohibited in designated areas.

4.52.070 Operational standards for sidewalk vendors.

4.52.080 Sidewalk vendor enforcement.
*Licensing of peddlers and solicitors — See Section 3.32.060.

4.52.010 SOLICITOR’S PERMIT REQUIRED.

Every person, whether or not a resident of the City of Anaheim, traveling by foot, vehicle, or other type of conveyance, from place to place or from door to door or at any temporary, stationary location on public property, and carrying, displaying, conveying, transporting or offering for sale any goods, wares, merchandise, fresh or frozen food products, fruit, farm produce or any services, or making sales and delivering articles thus sold to a purchaser thereof, is a "solicitor." No person not otherwise excepted by law shall engage in the business of being a solicitor without first obtaining a permit therefor. (Ord. 5810 § 34 (part); April 23, 2002: Ord. 5949 § 2; November 16, 2004.)

4.52.020 SOLICITOR'S PERMIT APPLICATION.
.010 No permit to engage in the business of being a solicitor shall be issued except upon the satisfactory completion of an application therefor on forms supplied by the Revenue Manager. Said application shall include the name and address of the applicant, a passport size photograph of the applicant, a description of the goods, wares or services to be offered for sale, the applicant's social security number or federal or state employer's identification number or tax identification number, the applicant's former residence or places of business for a period of five years preceding the date of the application, and a list of any convictions of applicant for a felony or misdemeanor involving moral turpitude for the previous five years. The application shall be signed by the applicant under penalty of perjury and shall be accompanied by a fee in an amount established by the Revenue Manager. The Revenue Manager shall utilize the service of the Anaheim Police Department to investigate and verify the facts set forth in the application. .020 Following the investigation of the application by the Police Department, the Revenue Manager shall issue said permit if the Revenue Manager finds that the information contained in the application is true and correct and that the applicant has not been convicted of a crime of moral turpitude or any violation of this chapter for a period of three years prior to the date of application. A solicitor's permit shall be issued if the application therefor has remained pending or under investigation for more than fifteen (15) days after a fully completed application has been filed. A solicitor's permit shall be valid for a period of one year from the date of its issuance unless sooner revoked under the terms of this Chapter. .030 The requirement of a solicitor's permit under this chapter shall be in addition to the requirement for a business license from the City of Anaheim. (Ord. 5810 § 34 (part); April 23, 2002.)

4.52.030 REVOCATION OF SOLICITOR'S PERMIT.
.010 The Revenue Manager may revoke the solicitor's permit granted to any person upon a finding that such person has violated any provision of this chapter, made material misrepresentation upon such solicitor's permit application or has been convicted of a crime of moral turpitude or a violation of this chapter within a period of three years prior to the date of the permit application.
.020 No permit shall be revoked until after a hearing shall have been held before the City Manager or designee to determine good cause for such revocation. Notice of such hearing shall be given in writing and served at least ten days prior to the date of the hearing thereon. The notice shall state the ground for the proposed revocation and shall state the time and place where such hearing will be held.
.030 Said notice shall be served upon the permit holder by delivering the same to such person or by leaving such notice at the place of business of the permit holder during usual business hours, with the person who is apparently in charge thereof, or the residence of the permit holder, in the custody of a person of suitable age and discretion. In the event the permit holder cannot be found and the service of such notice cannot be made in the manner herein provided, a copy of such notice shall be mailed, postage fully prepaid, addressed to the permit holder at his place of business or residence at least ten days prior to the date of such hearing.

Attachment 4
41 .040 After said hearing, the City Manager or his or her designee shall render a written decision within ten working days from the date the matter is submitted for decision. The action of the City Manager or his or her designee shall be final and conclusive. (Ord. 5810 § 34 (part); April 23, 2002.)

4.52.040 UNLAWFUL CONDUCT BY SOLICITORS.
.010 It shall be unlawful for any person to engage in soliciting as defined in this chapter in or upon the grounds of any stadium, convention center, government office building, police station, fire station library or other public facility owned or operated by the City of Anaheim except with the prior written consent of the City of Anaheim. .020 It shall be unlawful for anyone to engage in soliciting as defined in this chapter without having in such solicitor's possession a valid permit issued under the provisions of this chapter and a valid business license issued by the City of Anaheim pursuant to this Code.
.030 It shall be unlawful for any solicitor to make any false statement to any person being solicited by such person for a commercial transaction that relates to the goods, wares, merchandise or services offered for sale by such solicitor. .040 Any person who shall be convicted of any act defined as unlawful conduct under the provisions of this chapter is guilty of an infraction. (Ord. 5810 § 34 (part); April 23, 2002.)

4.52.050 SIDEWALK VENDORS.
.010 DEFINITIONS.
.0101 "Roaming Sidewalk Vendor" means a Sidewalk Vendor who moves from place to place and stops only to complete a transaction.
.0102 "Sidewalk Vendor" means a person who sells food or merchandise from a Vending Display Device, or from one's person, upon a public sidewalk or other pedestrian path. The term "Sidewalk Vendor" includes both Roaming Sidewalk Vendors and Stationary Sidewalk Vendors.
.0103 "Sidewalk Vendor Permit" means a permit issued by the City authorizing a person to engage in the business of being a Sidewalk Vendor.
.0104 "Stationary Sidewalk Vendor" means a Sidewalk Vendor who vends from a fixed location. .0105 "Vending Display Device" means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, nonmotorized conveyance (including trailers), freestanding table, rack, chair, box, stand, or any container, structure, or other object used or capable of being used for holding, selling, advertising, or displaying tangible things, together with any associated seating facilities. "Vending Display Device" does not include any street furniture such as benches or planters, any other structure permanently installed by the City or with the consent of the City, or newsracks placed in conformity with the provisions of this Code regulating newsracks.
.020 SIDEWALK VENDOR PERMIT REQUIRED. No person not otherwise excepted by law shall engage in the business of being a Sidewalk Vendor without first obtaining a permit therefor. .030 SIDEWALK VENDOR PERMIT APPLICATION. No permit to engage in the business of being a Sidewalk Vendor shall be issued except upon the satisfactory completion of an application therefor on forms supplied by the License Collector. The application shall include the name of the applicant; the address of the applicant; the address designated and agreed to by the applicant for receipt of notices from the City; a passport size photograph of the applicant; a description of the goods, wares or services to be offered for sale; proof of a valid California Department of Tax and Fee Administration seller's permit; the applicant's social security number or federal or state employer's identification number or tax identification number or California driver's license or California identification number; and any other information deemed necessary by the License Collector. The application shall be signed by the applicant under penalty of perjury and shall be accompanied by a fee in an amount established by the License Collector. The License Collector may utilize the service of the Anaheim Police Department to investigate and verify the facts set forth in the application. Any social security number, California driver's license number or identification number submitted with the permit application shall not be disclosed except as required for administrative purposes or to comply with a state law or state or federal court order.

The requirement of a Sidewalk Vendor Permit under this section shall be in addition to the requirement for a business license from the City and any additional licenses required by other state or local agencies, including but not limited to any permit required by the Orange County Health Care Agency. .040 DENIAL AND REVOCATION OF A SIDEWALK VENDOR PERMIT. .0401 An application for a Sidewalk Vendor Permit may be denied for any of the following reasons:
.01 The applicant provides false, misleading, or fraudulent information or omits material information in the application. .02 The proposed vending operation is contrary to any provision of this Code regulating sidewalk vending. .03 The applicant failed to provide a complete application after having been asked to provide additional information or documents.
.04 The applicant failed to comply with the operational standards set forth in the provisions of this Chapter. 42 .05 The applicant failed to pay any administrative citation issued for violating any provision of this Code regulating sidewalk vending.
.06 The proposed vending operation, including the equipment to be used by the applicant, fails to comply with all applicable health, zoning, fire, building, and safety laws of the State of California, the County of Orange, or the City. .0402 If an application for a Sidewalk Vendor Permit is denied, the applicant shall receive written notice stating the reasons for the denial. If a Sidewalk Vendor Permit is revoked, a Sidewalk Vendor shall receive written notice stating the reasons for the revocation.
.0403 Upon the fourth violation of any provision of this Code regulating sidewalk vending within the term of the Sidewalk Vendor Permit, the License Collector may revoke the Sidewalk Vendor Permit granted to any person upon a finding that such person has violated any provision of this Chapter. The License Collector may also revoke the Sidewalk Vendor Permit granted to any person upon a finding that such person has made a material misrepresentation on his or her Sidewalk Vendor Permit application.
.0404 A person whose application for a Sidewalk Vendor Permit is denied, or a person whose Sidewalk Vendor Permit is revoked, may appeal the decision to the City Manager or his or her designee by filing a written notice of appeal within ten (10) calendar days after receiving the notice of denial or revocation. .0405 If a written notice of appeal is received within the ten (10) day period, the City Manager or his or her designee shall conduct a hearing within thirty (30) calendar days after receipt of the written request. Notice of such hearing shall be given in writing and served at least ten (10) days prior to the date of the hearing thereon. The notice shall state the ground for the denial or revocation and shall state the time and place where such hearing will be held. .0406 The notice shall be served upon the applicant or permit holder by delivering the same to such person or by leaving such notice at the place of business of the applicant or permit holder during usual business hours, with the person who is apparently in charge thereof, or at the residence of the applicant or permit holder, in the custody of a person of suitable age and discretion. In the event the applicant or permit holder cannot be found and the service of such notice cannot be made in the manner herein provided, a copy of such notice shall be mailed, postage fully prepaid, addressed to the applicant or permit holder at the address designated by the applicant or permit holder on the Sidewalk Vendor Permit application as the address for receipt of notices from the City at least ten (10) working days prior to the date of such hearing. .0407 After the hearing, the City Manager or his or her designee shall render a written decision within thirty (30) working days from the date the matter is submitted for decision. The action of the City Manager or his or her designee shall be final and conclusive. (Ord. 6449 § 2; November 20, 2018; Ord. 6568 § 2; February 27, 2024.)

4.52.060 SIDEWALK VENDING PROHIBITED IN DESIGNATED AREAS. .010 It shall be unlawful for any person to engage in the business of being a Sidewalk Vendor as defined in this Chapter in or upon the grounds of any stadium, convention center, government office building, police station, fire station library or other public facility owned or operated by the City except with the prior written consent of the City. .020 It shall be unlawful for any person to engage in the business of being a Sidewalk Vendor on any of the following public streets and sidewalks within the City two (2) hours before, during and two (2) hours after events at Angel Stadium of Anaheim, the Honda Center and The City National Grove of Anaheim:
.0201 Orangewood Avenue, from west side of State Route 57 to 300 feet west of State College Boulevard. .0202 State College Boulevard, from 300 feet south of Orangewood Avenue to the north side of Katella Avenue. .0203 Katella Avenue, from the west side of State College Boulevard to the Santa Ana River Trail. .0204 Douglass Road, from the entrance to the Angel Stadium of Anaheim to Cerritos Avenue. .0205 Dupont Drive.
.0206 Rampart Street from Orangewood Avenue to Dumaine Street. .0207 Gene Autry Way from South Chris Lane to the entrance of the Angel Stadium of Anaheim. .030 It shall be unlawful for any person to engage in sidewalk vending in the areas designated in section

4.10.010.010.0101 - .0108 of this Code.
.040 Stationary Sidewalk Vending is prohibited in any location zoned exclusively residential. .050 Sidewalk vending is prohibited in areas located within the immediate vicinity of a permitted certified farmers' market or a permitted swap meet during the limited hours of that certified farmers' market or swap meet. A "certified farmers' market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that Chapter. A "swap meet" means a location operated in accordance with Article 6 (commencing with Section 21600) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulation adopted pursuant to that article. .060 Sidewalk vending is prohibited within the immediate vicinity of an area designated for a temporary special permit, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the local authority's temporary special permit are also provided to any sidewalk vendors specifically permitted to 43 operate in the area, if applicable. For purposes of this paragraph, a temporary special permit is a permit issued by the local authority for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts. A prohibition of sidewalk vendors pursuant to this paragraph shall only be effective for the limited duration of the temporary special permit. (Ord. 6449 § 3; November 20, 2018; Ord. 6568 § 3; February 27, 2024.)

4.52.070 OPERATIONAL STANDARDS FOR SIDEWALK VENDORS.
.010 Sidewalk Vendors shall comply with the following operational standards in order to maintain public health, safety, and welfare:
.0101 Sidewalk Vendors shall comply with the Americans with Disabilities Act of 1990 and other disability access standards, including but not limited to allowing for a minimum width of at least thirty-six (36) inches of accessibility on any sidewalk.
.0102 Sidewalk Vendors shall not use canopies, pop up tents, E-Z UP tents, or similar shade structures that reduce the minimum clear width of a sidewalk to less than thirty-six (36) inches. The use of an umbrella or a similar shade structure that does not reduce the minimum clear width of a sidewalk to less than thirty-six (36) inches may be considered as part of an application for a Sidewalk Vendor Permit. The size of a permitted umbrella or similar shade structure may vary depending on the vending location proposed by a Sidewalk Vendor.
.0103 Sidewalk Vendors shall not vend to occupants of motorized vehicles in operation. .0104 Sidewalk Vendors may not engage in vending in such a manner as to cause onlookers or customers to obstruct the accessible path of travel for pedestrians and vehicles. .0105 To maintain the free movement of pedestrians and vehicles, Sidewalk Vendors may not use signs in connection with the sale, display, or offering for sale of items, except for those signs affixed to or painted on a Vending Display Device. .0106 Sidewalk Vendors must provide a trash receptacle for customers to ensure proper disposal of customer trash. Prior to leaving any vending location, a Sidewalk Vendor shall pick up, remove, and dispose of all trash generated by the vending operations and/or the vendor's customers within a twenty-five (25) foot radius of the vending location. Sidewalk Vendors are responsible for disposing of the trash associated with their business and may not use City receptacles for this purpose. .0107 Sidewalk Vendors must properly dispose of fats, grease, and oil. .0108 At all times while vending, Sidewalk Vendors that sell food shall possess and display in plain view on their Vending Display Device a valid permit from the Orange County Health Care Agency. .0109 At all times while vending, Sidewalk Vendors shall display in plain view on their Vending Display Device a Sidewalk Vending Permit issued to the person vending pursuant to section 4.52.050 of this Code. .0110 Sidewalk Vendors shall be responsible for compliance with all applicable federal, state, and local laws, including without limitation state food preparation, handling, and labeling requirements; fire codes and regulations; noise standards; alcoholic beverages, tobacco products, cannabis, electronic cigarette, smoking devices and controlled substances regulations; sanitation and health standards; and the Americans with Disabilities Act of 1990 and other disability access standards (both state and federal).
.0111 Vending Display Devices shall not be chained, fastened, or affixed at any time to any building or structure, including, but not limited to, lampposts, parking meters, traffic signals, fire hydrants, benches, bus shelters, trash cans, street signs, trees, or other objects within the public right-of-way. No Vending Display Device shall become a permanent fixture at a vending location or be considered an improvement to real property. .0112 Vending Display Devices shall not be left or stored unattended on public property or within the public right-of-way. .0113 Sidewalk Vendors shall not vend or distribute: (a) live animals, wildlife, fish, fowl, or insects; (b) or items that are otherwise illegal to sell or distribute under other laws (such as unlawful narcotics, weapons, and counterfeit merchandise).

Unlawful possession or distribution of items is punishable according to the terms of applicable federal, state, or local law making such possession or distribution illegal.
.0114 No person shall use any street furniture, including any bench, planter, utility cabinet, or other street furniture or structure permanently installed on public property, for the display, sale, or distribution of food, goods, or merchandise. .0115 Sidewalk Vendors shall not unreasonably interfere with access or use of City infrastructure, including City benches, bike racks, wheelchair access ramps, stairs, parking meters, utility boxes, trash receptacles, or recycling receptacles. .0116 Sidewalk Vendors shall not block access to or create unreasonable congestion at: (a) a corner of any street intersection; (b) any fire hydrant, fire call box, emergency exit, or other emergency facility; (c) any curb which is designated as white, yellow, green, blue, or red zone, or a bus zone; (d) any building entrance or stairway access point; (e) any driveway or driveway apron; (f) upon or within any roadway, median strip, or dividing section; or (g) at any parking pay station. Vending or operating in a way that violates the accessible path of travel for persons with disabilities is per se unreasonable.
.0117 Sidewalk Vendors shall not operate or vend in a way that violates the terms or conditions of their Sidewalk Vendor Permit.
44 .0118 Sidewalk Vendors shall comply with all other generally applicable laws. .020 The City Manager or his or her designee may promulgate regulations governing sidewalk vending to effectuate the provisions of this Chapter and to address objective health, safety, and welfare concerns. A violation of such regulations shall constitute a separate violation of this Chapter. (Ord. 6568 § 4; February 27, 2024.)

4.52.080 SIDEWALK VENDOR ENFORCEMENT.

Any violation of sections 4.52.050 - 070 shall be enforced in accordance with the procedures set forth in Chapter 1.20 (Civil Citations) of this Code, relating to the issuance of citations, imposition of administrative fines, right to appeal, and the right to an administrative hearing, and shall be subject to the imposition and payment of administrative fine(s) as provided below:

Number of Offenses in a One-Year Period Amount of Administrative Penalty First $100.00
Second $200.00
Third $500.00
.101 Engaging in the business of being a Sidewalk Vendor without a valid Sidewalk Vendor Permit in violation of Chapters 4.10, 4.52, 12.12, 13.08 or 14.32 of this Code, shall be enforced in accordance with the procedures set forth in Chapter 1.20 (Civil Citations) of this Code, relating to the issuance of citations, imposition of administrative fines, right to appeal, and the right to an administrative hearing, and subject to the imposition and payment of administrative fine(s) as provided below:

Number of Offenses in a One-Year Period Amount of Administrative Penalty First $250.00
Second $500.00
Third $1,000.00
.102 If a person issued an administrative citation meets the criteria described in (a) or (b) of Government Code Section 68632, the License Collector shall accept, in full satisfaction, twenty (20) percent of the administrative fine imposed pursuant to this section.
.103 A notice of a violation of sections4.52.050 - 070 shall include notification to the person cited that he or she may request an ability-to-pay determination and a corresponding reduction in a fine assessed under this section, including instructions for making such a request. Upon receipt of such an ability to pay request, the License Collector or his or her designee shall hold a hearing in accordance with this section. .104 To request an ability-to-pay determination, a person issued an administrative citation shall file with the City a signed application in a form prescribed by the License Collector, specifying the citee's ability to pay the assessed fines. The License Collector shall provide notice to the citee of the time, date and place that his/her ability to pay request shall be heard, which hearing date shall not be sooner than ten (10) days following the date notice of such hearing is given to the citee. The citee shall personally appear at the hearing and provide evidence sufficient to establish his or her inability to pay the assessed fine. Failure of the citee to personally appear at the hearing shall constitute an abandonment of the application for an abilityto-pay determination. .105 Following conclusion of the hearing on the ability to pay request, the License Collector or his or her designee shall issue a written decision and specifying the amount of the fine imposed and the reasons therefore, including the citee's ability to pay. The License Collector may allow the citee to complete community service in lieu of paying the administrative fine, may waive the administrative fine or may offer an alternative disposition. .020 Impoundment
.0201 The City may impound a Sidewalk Vendor's Vending Display Device, food, equipment, utensils, goods, or merchandise that:
.01 Reasonably appear to be abandoned on public property; or .02 Are displayed, offered, or made available for rent or sale by a Sidewalk Vendor who (i) operates in violation of Chapters 4.10, 4.52, 12.12, 13.08 or 14.32 of this Code; and (ii) refuses to remove their Vending Display Device, food for sale, and/or goods/merchandise for sale after being instructed to do so by a Community Preservation Officer; or .03 Are displayed, offered, or made available for rent or sale by a Sidewalk Vendor who (i) does not possess a valid applicable Sidewalk Vendor Permit; and (ii) refuses to remove their Vending Display Device, food for sale, and/or goods/merchandise for sale after being instructed to do so by a Community Preservation Officer; or 45 .04 Is (i) creating an imminent and substantial safety or environmental hazard by the location of the Vending Display Device or the nature of the goods being offered for sale, and (ii) refuses to remove their Vending Display Device, food for sale, and/or goods/merchandise for sale after being instructed to do so by a Community Preservation Officer. .0202 The City may immediately dispose of impounded materials that are perishable or cannot be safely stored. .0203 Administrative Hearing. Any Sidewalk Vendor who has his or her property impounded shall have the right to file a request for an administrative hearing to appeal the impoundment. Any such request shall be made in writing and shall be filed in the office of the Community Preservation Manager within ten (10) calendar days from the date of impoundment of a Sidewalk Vendor's property. If successful in the appeal, a Sidewalk Vendor may have his or her property returned without paying an impound fee.

If a written request for an administrative hearing is received within the ten (10) day period, an Employee Hearing Officer shall conduct a hearing within thirty (30) calendar days after receipt of the written request. Written notice of the hearing shall be mailed to the responsible person who requested the administrative hearing at least ten (10) calendar days in advance of the hearing.
.0204 A Sidewalk Vendor may recover impounded materials upon paying applicable impound fees and demonstrating proper proof of ownership.
.0205 The City Council may by resolution adopt impound fees, which shall reflect the City's enforcement, investigation, storage, and impound costs.
.0206 Any unclaimed items will be considered abandoned and forfeited to the City after ninety (90) days following impoundment. (Ord. 6568 § 5; February 27, 2024.)
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ORDINANCE NO. __

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE FOREST CALIFORNIA AMENDING CHAPTER 5.17 OF
TITLE 5 OF THE LAKE FOREST MUNICIPAL CODE,

RELATING TO SIDEWALK VENDING AND FINDING THE

ACTION TO BE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Lake Forest, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, California Senate Bill 946, also known as the California Safe Sidewalk Vending Act (“SB 946”), which passed into law and became effective on January 1, 2019, decriminalized sidewalk vending and established requirements on cities and counties for the regulation of sidewalk vendors; and
WHEREAS, on March 5, 2019, the City Council adopted Ordinance 313, implementing sidewalk vending regulations in compliance with SB 946; and WHEREAS, since the adoption of Ordinance 313, the City has attempted to address the objective health, safety, and welfare concerns posed by sidewalk vending carried out in violation of the Lake Forest Municipal Code; and WHEREAS, pursuant to Cal. Const. Art. XI, Sec. 7 and under the City’s general police powers, the City of Lake Forest (“City”) is empowered and charged with responsibility for the health, safety, and welfare of its citizens; and WHEREAS, the City Council finds that, unless properly regulated, sidewalk vending poses a unique risk to the health, safety, and welfare of the public, including, but not limited to, impacts to traffic, pedestrian safety, mobility, unsanitary conditions involving food preparation, other safety and environmental hazards, risks to children, and consumer protection; and
WHEREAS, SB 946 allows a local authority to adopt additional requirements regulating the time, place, and manner of sidewalk vending if those regulations are directly related to objective health, safety, and welfare concerns; and WHEREAS, despite these standards, the City has seen a rise in unpermitted sidewalk vending activities where the vendors set up commercial-style cooking operations at major intersections or in proximity to high-traffic areas and sell food but are unable to meet the health and safety requirements, such as properly heating and cooling food, providing handwashing facilities, washing utensils and equipment, and disposing of used liquids.

Attachment 5
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WHEREAS, the City Council hereby declares that enacting objective impounding procedures as a regulatory measure for sidewalk vending are necessary to protect the health, safety, and welfare of the public; and
WHEREAS, the impoundment of vendor equipment is neither a punishment of violators of the City’s sidewalk vending regulations nor a deterrent for future violators, but rather the application of the well-established “community caretaking function,” as first articulated by the United States Supreme Court in Cady v. Dombrowski (1973) 413 U.S. 433; and
WHEREAS, law enforcement officers routinely perform community caretaking functions, such as helping stranded motorists, returning lost children to anxious parents, and assisting and protecting citizens in need; and
WHEREAS, the community caretaking function regularly extends to law enforcement removing and impounding vehicles from the road where the driver of the vehicle cannot or will not lawfully operate the vehicle, the vehicle is located in an inappropriate location, and that vehicle poses a risk to public safety; and
WHEREAS, the impoundment of vehicles as part of the community caretaking function does not require obtaining a warrant beforehand, so long as law enforcement has reasonably determined that the vehicle posed a hazard to public safety; and WHEREAS, the nature of a sidewalk vending operation poses many similar problems as vehicles, as well as posing unique health and safety hazards; and WHEREAS, the City Council finds that the immediate impoundment of vendor equipment meets the community caretaking exception to requiring a prior warrant as it allows for the reasonable removal of vending equipment that poses a hazard to public safety due to its location or in response to vendors who refuse to comply with the City’s sidewalk vending regulations to the detriment of public health, safety, and welfare; and WHEREAS, this Ordinance provides clear standards in which vending equipment in the public right of way is subject to immediate impoundment as well as procedural safeguards to uphold due process for a warrantless impoundment; and WHEREAS, this Ordinance balances the City’s legitimate interests in preserving public health, safety, and welfare with the private interest in a sidewalk vendor’s continued operations;
WHEREAS, private interests are protected by this Ordinance through procedural protections, including the requirement that the City takes steps to locate the owner or operator of the sidewalk vending equipment, the City first issues a verbal warning to sidewalk vendors operating in violation of this Ordinance and allows a reasonable time to comply, and the City provides a sidewalk vendor the option to promptly appeal the impoundment and contest any associated fees; and
48 -3-
WHEREAS, these procedural protections help ensure that impoundment actions are proper while protecting an individual’s due process; and WHEREAS, the City Council finds that the impoundment provisions enacted in this Ordinance do not constitute an infraction, misdemeanor, or other form of citation or penalty; and
WHEREAS, all other legal prerequisites relating to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The City Council hereby finds and determines that the Recitals above are true and correct and incorporated as findings herein.

SECTION 2. CEQA. The City Council determines that adoption of the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. (14 Cal.

Code Regs., § 15061(b)(3).) The Ordinance does not authorize any development or other activity that could result in a significant effect on the environment. Accordingly, the City Council hereby directs City staff to file a Notice of Exemption within five days of the adoption of this Ordinance.

SECTION 3. Code Amendment. Section 5.17.110, titled “Vending equipment impoundment” is hereby added to Title 5 of the Lake Forest Municipal Code to read as follows:
“5.17.110 Vending Equipment Impoundment
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A. The City may impound a sidewalk vendor’s vending cart, food, equipment and any goods therein used in violation of this chapter, pursuant to the provisions of Civil Code Section 2080.10, Health and Safety Code Section 114393, and/or any other applicable City, county, or state law for the following reasons:

1. Food displayed, offered, or made available for sale including equipment, or utensils used by a sidewalk vendor without holding a valid and displayed health permit from the Orange County Health Care Agency’s Environmental Health Division in violation of City, county or state law;

2. Items reasonably appear to be unattended or abandoned on public property for more than thirty 30 consecutive minutes without moving from the exact spot it was located and reasonable attempts were made to locate the owner or responsible person(s) within the first fifty 50 feet of the items;
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3. Items displayed, offered, or made available for sale by a sidewalk vendor who does not obtain a sidewalk vending permit from the City Public Works Department as required by Section 5.17.030;

4. Items displayed, offered, or made available for sale by a sidewalk vendor who operates in violation of this chapter, and refuses or fails to provide identification;

5. Operation in violation of this chapter and refusal or failure by a sidewalk vendor to comply within 30 consecutive minutes after being instructed to do so by a City code enforcement officer or other City official;

6. Items displayed, offered, or made available for sale by a sidewalk vendor who vends in a manner that blocks or obstructs the free movement of pedestrians on sidewalks and fails to maintain a minimum of thirty-six inches (36″) of accessible path of travel, without obstruction, along the sidewalk upon which the vendor is vending so as to enable persons to freely pass while walking, running, or using mobility assistance devices and/or in violation of the Federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards;

7. Items displayed, offered, or made available for sale in violation of any applicable federal, state, county, or City laws, ordinances, and regulations, including but not limited to illegal or counterfeit merchandise, alcohol, tobacco, cannabis, smoke or vaping products, adult-oriented material, live animals, weapons, and/or pharmaceuticals;

8. Items creating an imminent and substantial danger or environmental hazard to the health, safety, or general welfare of the public or property at the location of the vending cart such as, but not limited to, discharge of oil, grease or other slippery substances on the street or sidewalk without any effort to maintain best management practices; using unapproved portable cooking equipment, heating element, gas-fueled appliance, generator, or any open flame; attaching or using any water lines, electrical lines, or gas lines during vending operations; during an urgent or emergency public safety event or incident; lack of a fire extinguisher; using any luminaire, flashing lights or any other animated devices or sign; or using, operating or permitting any radio, loudspeaker or other machine or device for the producing or reproducing of sound; or
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9. Items impounded as evidence of a crime or booked as property after an arrest of any sidewalk vendor involving any City, county, state or federal law or regulation excluding Chapter 5.17. Such items shall be stored and released in accordance with the procedures set forth in the California Penal Code and any other applicable state law.

B. Prior to commencing an impoundment action under the preceding paragraph A, a City code enforcement officer or other City official will issue a verbal warning to the sidewalk vendor operating in violation of this chapter. An impoundment action will proceed only if the sidewalk vendor fails or refuses to comply with the verbal warning within the time specified or, if no time is specified, within a reasonable time.

C. The City may immediately dispose of impounded items that are perishable and/or cannot be safely stored.

D. Sidewalk vending items or equipment impounded pursuant to this section, excluding those items that were immediately disposed of according to

5.17.110(C), shall be held by the City for not less than 30 nor more than 60 days from the date of impoundment.

E. The City shall provide the person from whom the vending items or equipment were impounded with a receipt and instructions for retrieval of the impounded items, excluding those items that were immediately disposed of according to

5.17.110(C). The receipt and instructions shall be given to the person from whom the items were taken at the time of impound or shall be mailed within two business days of the impound to the address received by the City when the person applied for a sidewalk vending permit.

F. Impounded vending equipment and goods, excluding any items that were disposed of according to 5.17.110(B), will be released to the sidewalk vendor or owner provided that proper proof of ownership is presented, and the City receives payment in full of all administrative costs incurred as a result of the violation. Any unclaimed items will be considered abandoned and forfeited to the City after 60 days following impoundment. Pursuant to state law, the City shall not be liable for damages caused by any official action performed with due care regarding the disposition of items pursuant to this section and the disposal provisions of this chapter.
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G. An aggrieved sidewalk vendor may, within 21 calendar days of the impoundment, appeal the impoundment of their items by requesting an administrative hearing before a hearing officer in accordance with 5.17.090 and, if successful in their appeal, may have their items returned, excluding any items that were immediately disposed of according to 5.17.110(C), and shall not be required to pay the impound fee(s). If the sidewalk vendor is successful on appeal, any appeal fee paid by the sidewalk vendor shall be refunded.

H. A sidewalk vendor may recover impounded items or equipment, excluding any items immediately disposed of according to 5.17.110(C), upon paying applicable impound fees and demonstrating proper proof of ownership of the items.

I. The City Council may adopt by ordinance or resolution impound fees, which shall reflect the City’s personnel, enforcement, investigation, storage, disposal, and impound costs.

J. The City Manager is authorized to develop additional regulations for the storage and release of impounded items not in conflict with this chapter.

SECTION 4. Effective Date. This Ordinance takes effect 30 days after its adoption.

SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 6. Certification. The City Clerk shall certify as to the passage, and adoption of this Ordinance and shall cause the same, or a summary thereof, to be published and/or posted in the manner required by law.

SECTION 7. Record of Proceedings. 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 Lake Forest City Hall, 100 Civic Center Drive, Lake Forest, California 92630. The City Clerk is the custodian of the record of proceedings.
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PASSED, APPROVED, AND ADOPTED this XXth day of ____, 2024. _______________________

MARK TETTEMER
MAYOR
ATTEST:

LISA BERGLUND, MPA

CITY CLERK
APPROVED AS TO FORM:

MATTHEW E. RICHARDSON

CITY ATTORNEY

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF LAKE FOREST )
I, Lisa Berglund, City Clerk of the City of Lake Forest, do hereby certify that the foregoing Ordinance No. _______ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the ___ day of ________, 2024, and thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the ___ day of _____ 2024, by the following vote, to wit:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS

LISA BERGLUND, MPA

CITY CLERK
54 Title 5 - BUSINESS LICENSES AND REGULATIONS
Chapter 5.50 SIDEWALK VENDING
San Clemente, California, Code of Ordinances Created: 2024-07-17 13:18:04 [EST] (Supp. No. 61, Update 2)

Chapter 5.50 SIDEWALK VENDING

5.50.010 Purpose.

The City finds that the vending of prepared or pre-packaged foods, goods, and/or wares at semi-permanent locations on public sidewalks and rights-of-way may pose unsafe conditions and special dangers to the public health, safety, and welfare of residents and visitors. The purpose of this Chapter is to implement regulations on both roaming and stationary sidewalk vendors and associated vending operations that protect the public health, safety, and welfare of the community while complying with the requirements of general state law, as amended from time to time, to promote safe vending practices, prevent safety, traffic, and health hazards, and preserve the public peace, safety, and welfare of the community.
(Ord. No. 1680, § 4, 9-18-2019)

5.50.020 Definitions.

As used in this chapter:

A. "Adult-oriented material" means sexually-oriented merchandise or sexually-oriented material or any other products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts (as those terms are defined in Chapter 17.88 - Definitions, of this Code).

B. "Cart" means any pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance used in conjunction with a sidewalk vending operation.

C. "Certified Famers' Market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.

D. "Enforcement Officer" means employees designated by the City Manager as having the authority to enforce this chapter, including but not limited to the License Collector, City Building Inspectors, Code Compliance Officers, Water Quality Inspectors, Police Officers of the City, City Park Rangers, Fire Services Inspectors, and Marine Safety Lifeguards.

E. "Exclusively residential zone" means the area encompassed by the outer limits of a zoning district shown on the City's official Zoning Map, or Specific Plan land use map within which is zoned or used primarily for residential purposes. The presence of nonconforming nonresidential land uses within an otherwise residential zone shall not deem such zone as not exclusive for residential uses. Where two zones meet, only one of which is an exclusive residential zone, the outer limits of the residential zone shall be deemed to include any public right-of-way between the two zones Including the sidewalk adjacent to the nonresidential zone.

F. "Food and Merchandise" means only tangible items for immediate consumption and in possession of the vendor at the time and point of sale.

G. "High Level of Service" means any sidewalk (as that term is defined in this chapter) where the volume of pedestrians (including people on human-powered vehicles) is of a sufficient amount to result in pedestrians unnecessarily entering areas of the public right-of-way intended for motor vehicles in 55 Created: 2024-07-17 13:18:03 [EST]
(Supp. No. 61, Update 2)

order to circumvent the vendor or their equipment, due to obstruction from the vendor, the vending equipment, or the customer queue, along the public sidewalk or public pathway.

H. "License Collector" means the License Collector of Finance, or their designee.

I. "Merchandise," see definition of "Food and Merchandise." J. "Park" means a public park owned or operated by the City, and includes, but is not limited to, all grounds associated with the park, such as fields, courts, beach areas, shoreline and ocean, walkways, paths, trails, drive entrances, driveways, drive aisles, parking lots, buildings and structures, landscaped areas, courtyards, amphitheaters, playgrounds, picnic tables, benches and spectator seating areas, waste receptacles, and sidewalks around the park adjacent to public right-of-way and within 20 feet of a vehicular entrance to the park.

K. "Roaming sidewalk vendor or vending" means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

L. "SB 946" means Senate Bill 946 of the 2017-2018 California legislative session, an act to add Chapter

6.2 (commencing with Section 51036) to Part 1 of Division 1 of Title 5 of the Government Code, which was approved by the Governor on September 17, 2018, and became effective on January 1, 2019.

M. "Sidewalk vendor or vending" means a person who sells food or merchandise from a cart, or from one's person, upon a public sidewalk or other pedestrian path. "Sidewalk vendor or vending" does not include the sales of any services, items for rent, on-line sales, or the sales of products that are not in the possession of the sidewalk vendor at the time of sale.

N. "Sidewalk" means a portion of a street between the curb line and the adjacent property line, or an easement or right-of-way held by the city across the front of private property, and intended for the use of pedestrians. For purposes of this Chapter, "sidewalk" shall also include a paved path or walkway owned by the City that is specifically designed for pedestrian travel. "Sidewalk," for the purposes of this chapter, does not include landscaped and non-pathway areas, including turf, whether natural or artificial, meant for passive recreation or sporting activities, decorative rock and gravel areas, beach sand, benched viewing areas and adjacent access walkways, and other similar areas not intended specifically for pedestrian travel and access to public or private facilities.

O. "Special Event Permit" means a City-issued permit to hold a special event, as defined in Section

8.72.020 of this Code. Events covered under a "Special Event Permit" shall also include City or other public agency events that would otherwise qualify as a special event but no permit is required by the City.

P. "Stationary Sidewalk Vendor or Vending" means a sidewalk vendor who vends from a fixed location.

Q. "Swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.

R. "Zone," as in a residential zone, nonresidential zone, or mixed-use zone, means a portion of the City within which certain uses of land and buildings are permitted or prohibited and within which certain development standards are established as set forth and specified in Title 17, Zoning, of this Code or any applicable Specific Plan.
(Ord. No. 1680, § 4, 9-18-2019)
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(Supp. No. 61, Update 2)

5.50.030 Permit required and exemptions.

A. Permit required.All sidewalk vendors shall obtain a sidewalk vending permit from the City prior to engaging in any sidewalk vending activities. All persons associated with a sidewalk vending operation, including, but not limited to, employees or independent contractors, are considered sidewalk vendors and are required to obtain separate and individual sidewalk vending permits.

B. Exemptions.A sidewalk vending permit shall not be required for the following activities:

1. The sale of agriculture products on the site where the product is grown.

2. Catering for private parties held exclusively on private property and not open to the general public.

3. Events permitted pursuant to a lawfully issued Special Events Permit including but not limited to a Certified Farmers' Market, Swap Meet, street fairs, outdoor concerts, sport league opening day, and business sidewalk sales.
(Ord. No. 1680, § 4, 9-18-2019)

5.50.040 Application for sidewalk vending permit.

A. Application information.Any person wishing to obtain a San Clemente sidewalk vending permit shall submit a completed San Clemente sidewalk vending permit application form to the License Collector. All of the following information is required:

1. Name, current mailing address, and phone number of the vendor; and

2. If the vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal; and

3. If the vendor will have employees, the name(s), current mailing address(es), and phone numbers of the person(s) who will be employed as stationary or roaming sidewalk vendor(s); and

4. The number of sidewalk vending operations the vendor intends to operate within the City; and

5. The days and hours of operation the sidewalk vendor intends to operate; and

6. Whether the vendor intends to operate as a stationary or roaming sidewalk vendor; and

7. If applicable, a description of the type of food proposed to be offered for sale or exchange; and

8. If applicable, a description of the merchandise/goods to be offered for sale or exchange; and

9. A copy of the California seller's permit with the sales tax number issued by the California Department of Tax and Fee Administration to the vendor; and

10. One of the following forms of identification, which, upon collection, shall not be available by the City to the public for inspection and shall remain confidential and not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order:
a. A copy of the valid California Driver's License or Identification Card issued to the vendor; or b. A copy of the individual taxpayer identification number issued to the vendor; and

11. If preparing or selling food, a copy of the Orange County Health Department permit issued to the vendor; and

12. A description or site plan map of the proposed location(s) where vending will take place, showing that the sidewalk location maintains a minimum of 48 inches of accessible route area when considering the 57 Created: 2024-07-17 13:18:03 [EST]
(Supp. No. 61, Update 2)

vendor equipment and anticipated customer queue, in compliance with the Americans with Disabilities Act; and

13. A copy of general liability policy naming the City as additional insured in the amount of $1,000,000.00; and

14. An acknowledgement that the vendor will comply with all generally applicable local, state, and federal laws; and

15. A certification by the vendor that to his or her knowledge and belief, the information contained in the application is true; and

16. An agreement by the vendor to indemnify, defend (at the vendor's sole cost and expense), and hold the City, and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City's issuance or failure to issue a sidewalk vending permit, the City's decision to approve or its refusal to approve the sidewalk vending permit, the operation of the sidewalk vending use and activity, and the process used by the City in making its decision. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, City, and/or the parties initiating or brining such proceeding; and

17. An acknowledgement that use of public property is at the vendor's own risk, and the City does not take any steps to ensure public property is safe or conducive to sidewalk vending operations; and

18. A list of all other cities or other jurisdictions in which the vendor has operated a sidewalk vending operation or similar operation within the past 12 months, whether a permit was required to operate, and if so, whether the permit had been revoked in the past 12 months.

B. Fee. At the time the application or renewal application is filed, the applicant shall pay the permit processing fee established by separate resolution of the City Council. (Ord. No. 1680, § 4, 9-18-2019)

5.50.050 Review of permit application and determination.

A. Review authority.Upon acceptance of a properly completed and filed sidewalk vendor permit application and payment of the application fee as required by Section 5.50.040, the License Collector shall conduct a preliminary investigation to determine whether to approve or deny the permit as compliant with chapter.

B. Findings.The License Collector shall deny an application for a permit if he or she makes any of the following findings:

1. The applicant has failed to pay the application permit fee.

2. The applicant has made one or more material misstatements in the application for a permit.

3. The applicant does not have a valid social security card, valid California Driver's License, California Identification Card, or valid individual taxpayer identification number.

4. The applicant's vending operation, as described in the application, is inconsistent with the standards, conditions, and requirements of this chapter.

5. It is determined that the applicant does not possess all federal, state, and local permits and licenses necessary to engage in the activity in which he or she seeks to engage.

6. The applicant has had a sidewalk vending permit or similar permit revoked within the past 12 months in the City or any other jurisdiction.
58 Created: 2024-07-17 13:18:03 [EST]
(Supp. No. 61, Update 2)

C. Timing of determination.The License Collector shall make such determination within no more than 30 days of acceptance to approve or deny the application.

D. Notice of determination.The License Collector shall provide the applicant with written notice of his or her decision to the address indicated in the application.

1. If the application is approved, the License Collector shall endorse his or her approval on the application and shall, upon payment of the prescribed fee, issue the permit to the applicant.

2. If the application is denied, the License Collector shall include in the written notice the reasons for disapproval shall be noted on the application.
(Ord. No. 1680, § 4, 9-18-2019)

5.50.060 Permit term, transferability, and display.

A. Term.A sidewalk vending permit issued pursuant to this chapter shall automatically expire one year from the date issued, unless an earlier expiration date is noted on the permit.

B. Transferability.A sidewalk vending permit shall not be transferable to any other entity or person and is valid only as to the original applicant for the term stated.

C. Display.Such sidewalk vending permit shall, during the time such permittee is engaged in sidewalk vending, be displayed in a conspicuous fashion attached to the vendor's Cart. Sidewalk vendors shall be required to exhibit their permits and/or licenses at the request of any person. If multiple sidewalk vendors are staffing a sidewalk vending operation, each vendor shall, during the operation of sidewalk vending, conspicuously attach their permit to the vending Cart.
(Ord. No. 1680, § 4, 9-18-2019)

5.50.070 General sidewalk vending operating standards and requirements.

A. General standards and requirements.All sidewalk vendors shall meet the following standards and requirements:

1. The sidewalk vendor is duly licensed and meets all requirements of Section 5.50.030; and

2. The sidewalk vendor shall only set up their vending operation, or roam, on a sidewalk (as that term is defined in this chapter), whether in the public right-of-way or at an allowed park while still leaving a minimum of 48 inches of accessible path of travel. The reduction of a sidewalk for vending purposes shall not be for a distance greater than eight feet within any 16 foot span along the adjacent sidewalk.

No vending shall occur within an area that meets the definition of a "High Level of Service;" and

3. No sidewalk vending is permitted within any portion of public right-of-way, on any sidewalk, or at any park (as those terms are defined in this chapter) located in the general zone boundaries of, or adjacent to any properties within, the Mixed-Use 1 zone, Mixed-Use 3.0 zone, or Pier Bowl Specific Plan Area.

4. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and

5. The sidewalk vendor shall not use a horn, siren, amplified music, or any other audible device to attract attention to the presence of the vending operations or cart; and

6. Prior to leaving the vending area, the sidewalk vendor shall collect all litter and debris, that was or is, within 10 feet of the vendor that was generated by the vending activities; and 59 Created: 2024-07-17 13:18:03 [EST]
(Supp. No. 61, Update 2)

7. There shall be no disposal of cooking material or waste, including but not limited to any fats, oils or greases, into the City's trash receptacles, storm drains, plant material, or foliage. Vendors shall immediately clean up any food, grease, or other fluid or item related to the sidewalk vending operation that falls onto public property; and

8. The sidewalk vendor location shall not block public access to any entrances to private or public buildings, private or public driveways, parking spaces, building windows, utility meters, hook and service panels, or block public visibility of permitted signage located on the building or adjacent property; and

9. No customer tables, customer chairs, fences, shade structures, other site furniture, or any freestanding signs shall be permitted in conjunction with the vendor's vending activities; and

10. The sidewalk vendor shall not attach or use any water lines, electrical lines, or gas lines to any buildings, structures, or other private or public facilities not associated with the vendor's equipment, during vending operations; and

11. Storage or display of refuse, equipment, materials, goods, wares, food, or merchandise associated with the vendor, outside of the vendor's cart, is prohibited. All food and merchandise shall be stored either inside or affixed to the cart, or carried by the sidewalk vendor. Food and merchandise shall not be stored, placed, or kept on any public property. If affixed to the cart, the overall space taken up by the Cart shall not exceed the size requirements provided in this chapter; and

12. The sidewalk vendor shall not display any signage without first obtaining the appropriate sign permits from the City Planning Division; and

13. No signage or advertising related to the sidewalk vendor and/or the vending operations shall be electrical, flashing, wind powered, animated; and

14. The sidewalk vendor shall display any and all required business and health licenses in a conspicuous fashion, attached to the vendor's cart; and

15. The sidewalk vendor shall remit all required and applicable taxes to the applicable taxing agencies; and

16. No vending shall occur within 500 feet of a Certified Farmers' Market, a Swap Meet, or an event held pursuant to a Special Events Permit; and

17. The sidewalk vendor shall not leave his or her sidewalk vending operation unattended; and

18. The sidewalk vendor shall not leave his or her sidewalk vending operation to solicit business for the vending operation; and

19. No equipment or objects used for sidewalk vending purposes may be left or maintained in public spaces or in any portion of the public right-of-way beyond the allowed hours of operation. Any equipment or objects left overnight in public spaces or in any portion of the public right-of-way will be considered discarded and may be seized or disposed of by the City, and may be grounds for termination of the sidewalk vending permit.

20. Sidewalk vendors that sell food shall maintain a trash container in or on their cart and shall not empty their trash into public waste containers, or private waste containers without the permission of the property owner. The size of the sidewalk vendor's trash container counts as part of the size limit of a cart.

21. The sidewalk vendor shall not contain or use propane, natural gas, batteries, or other explosive or hazardous materials. The vendor shall not use an open flame for the sidewalk vending operation; and 60 Created: 2024-07-17 13:18:03 [EST]
(Supp. No. 61, Update 2)

22. The sidewalk vendor shall not sell alcohol, marijuana, adult-oriented material, tobacco products, products that contain nicotine, or any product used to smoke/vape nicotine and/or marijuana, or any products not permitted to be sold in the zone in which the sidewalk vendor is located; and

23. No vending shall occur within 50 feet of any street intersection or crosswalk as measured from any point where curbs or edges of pavement meet within the subject intersection or crosswalk; and

24. No vending shall occur within 500 feet of private or public academic school attended by elementary, junior high, or high school pupils; and

25. No vending shall occur within 10 feet of any street lights, edges of tree wells, parking meters, or aboveground utility structures; and

26. No vending shall occur within 10 feet of any existing subsurface utility box, valve, or vault; and

27. No vending shall occur within 10 feet of another vendor; and

28. No vending shall occur within 10 feet of any bus stop locations, red curbs, fire hydrant, fire escape, loading zone, handicapped parking space or access ramp, or at locations where there are existing above-ground amenities such as newsstands or street furniture, including, but not limited to benches and bike racks; and

29. No vending shall occur in roadways, alleyways, medians, pedestrian islands, bikeways, or any other non-vehicular area located between curbs, or where curbs do not exist, road edges, of the area identified as the public right-of-way; and

30. No vending shall occur within 25 feet of a doorway to any building, store, theater, movie house, house of worship, or place of public assembly; and

31. No vending shall occur with 200 feet of City Hall, any police station, or any fire station; and

32. In parks (as that term is defined in this chapter), no vending shall occur within 50 feet of any shade structures, benches, trash receptacles and enclosures, picnic table areas, sports fields and associated fences and spectator seating areas, playground areas, or specialized sport facilities (i.e. skateboarding facilities, pools, tennis and basketball courts, gym equipment, and other similar facilities).

33. No vending shall occur within 100 feet of any posted park facility rental, whether indoors or outside.

34. No vendors shall use expanded polystyrene (Styrofoam) food service ware; and

35. The sidewalk vendor shall not transact business with patrons in vehicles, including, but not limited to vehicles parked on public or private property or public right-of-way, or stopped temporarily in the public right-of-way; and

36. No vending shall occur within 200 feet of a freeway onramp or off-ramp; and

37. No vending shall occur within 30 feet of an automated teller machine.

B. Specific standards and requirements.In addition to the generally applicable standards and requirements in Subdivision A above, sidewalk vendors shall also comply with the specific standards and requirements as applicable in Section 5.50.080.
(Ord. No. 1680, § 4, 9-18-2019)

5.50.080 Specific sidewalk vending standards and requirements.

A. Stationary sidewalk vending.In addition to the standards and requirements in Section 5.50.070, all stationary sidewalk vendors shall meet the following:
61 Created: 2024-07-17 13:18:04 [EST]
(Supp. No. 61, Update 2)

1. Stationary sidewalk vendors and all aspects of their operations, including but not limited to, any cart, any associated equipment, and any space occupied by the vendor or their employees, shall not occupy a space exceeding horizontal dimensions of a square measuring six feet by six feet. No Cart, or any associated equipment shall exceed a height of four feet; and

2. Stationary sidewalk vendors shall be prohibited from operating or establishing in any and all exclusively residential zones of the City; and

3. Stationary sidewalk vendors may operate in nonresidential zones of the City, including mixed use zones, with the exception of the exclusively residential portions of horizontally mixed-use zones, such as MU 5.1; and

4. Stationary sidewalk vending shall only be conducted no earlier and no later than the hours of operation of "brick-and-mortar" businesses located on the same street and within 200 feet of the stationary sidewalk vendor. If no businesses operate on the same street or are located within 200 feet of the stationary sidewalk vendor, stationary sidewalk vendors operating in nonresidential zones of the City shall only operate between the hours of 8:00 a.m. and sunset of every day.

B. Roaming sidewalk vending.In addition to the standards and requirements in Section 5.50.070, all roaming sidewalk vending shall meet the following:

1. Roaming sidewalk vendors shall not use any cart which exceeds a total height of four feet, a total width of three feet, and a total length of five feet; and

2. Roaming sidewalk vending hours for zones with any residential development, conforming or otherwise; shall be conducted between the hours of 8:00 a.m. and 5:00 p.m. on weekdays, and between the hours of 10:00 a.m. and 6:00 p.m. on the weekend; and

3. Roaming sidewalk vendors for nonresidential zones shall only be conducted no earlier and no later than the hours of operation of businesses on the same street and within 100 feet of the roaming sidewalk vendor. If no businesses operate on the same street or are located within 100 feet of the roaming sidewalk vendor, roaming sidewalk vendors in nonresidential zones of the City shall only operate between the hours of 8:00 a.m. and sunset of every day.

C. Sidewalk vending In parks.In addition to the standards and requirements in Section 5.50.070 and, as applicable, the standards and requirements in Sections 5.50.080 and 5.50.090, all sidewalk vending in parks shall meet the following:

1. Sidewalk vending of food or merchandise by stationary sidewalk vendors or by roaming sidewalk vendors is prohibited in the following parks:
a. Park Semper Fi, Marine Monument
b. Richard T. Steed Memorial Park
c. Ole Hanson Beach Club
d. Trails; Forster Ranch Ridgeline, Sea Summit at Marblehead, Rancho San Clemente, Talega, Beach Trail
e. Municipal Golf Course
f. Municipal Pier

2. Sidewalk vending of food or merchandise by stationary vendors shall be prohibited in any park with a concession stand operated by a vendor under exclusive contract with the City selling food or merchandise.
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(Supp. No. 61, Update 2)

3. Sidewalk vendors shall not begin operations prior to one hour after the park opens and shall cease operations one hour prior to the close of the park. The term "operations' in the context of this standard includes setting up and taking down carts and other activities associated with vending, even if not explicitly engaged in the act of selling merchandise. (Ord. No. 1680, § 4, 9-18-2019)

5.50.090 Suspension and revocation of sidewalk vending permit.

A. Causes for suspension or revocation.A sidewalk vendor permit issued under this chapter may be suspended or revoked by the License Collector after four or more violations of this chapter in accordance with Section

5.50.110, subdivision B.1.d, at their discretion, for any of the following causes:

1. Fraud or misrepresentation in the course of vending;

2. Fraud or misrepresentation in the application for the permit; or

3. Vending in a manner that creates a public nuisance or constitutes a danger to the public.

B. Notice.Notice of the suspension or rescission of a sidewalk vendor permit issued under this chapter shall be mailed, postage prepaid, to the holder of the sidewalk vendor permit at his or her last known address.

C. Future permits.No person whose sidewalk vending permit has been revoked pursuant to this chapter shall be issued a sidewalk vending permit for a period of two years from the date revocation becomes final. (Ord. No. 1680, § 4, 9-18-2019)

5.50.100 Appeal.

A person wishing to appeal a determination of the License Collector, or their designee, or to appeal a citation issued pursuant to this chapter, may file an appeal per Chapter 1.20, Administrative Fines. (Ord. No. 1680, § 4, 9-18-2019)

5.50.110 Penalties and enforcement.

A. Violation.It is unlawful for any person to violate any provision or fail to comply with any requirements of this chapter.

B. Administrative fines.

1. Any violation of this chapter committed with a valid permit shall be punishable as provided below:
a. For the first violation, an administrative fine not exceeding $100.00, b. For a second violation within one year of the first violation, an administrative fine not exceeding $200.00.
c. For a third or subsequent violation within one year of the first violation, an administrative fine not exceeding $500.00.
d. For a fourth or subsequent violation, the Director may rescind or suspend the permit as provided in Section 5.50.090.

2. Any violation of this chapter committed without a valid permit shall be punishable as provided below:
a. For the first violation, an administrative fine not exceeding $250.00. 63 Created: 2024-07-17 13:18:04 [EST]
(Supp. No. 61, Update 2)

b. For a second violation within one year of the first violation, an administrative fine not exceeding $500.00.
c. For a third or subsequent violation within one year of the first violation, an administrative fine not exceeding $1,000.00.

3. Upon proof of a valid permit, the administrative fines set forth in Subdivision B.2 (fines without a valid permit) shall be reduced to the fines set forth in Subdivision B.1 (fines with a valid permit.) C. Additional and alternative penalties.

1. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in this section shall not be assessed.

2. The City may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.

3. Failure to pay an administrative fine pursuant to this section shall not be punishable as an-infraction or misdemeanor.

D. Ability-to-pay determination.

1. When assessing an administrative fine pursuant to Subdivision B, the Enforcement Officer shall take into consideration the person's ability to pay the fine. If deemed appropriate, the Enforcement Officer shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination.

2. The person may request an ability-to-pay determination at an appeal hearing, or make a request by submitting a written request to the City Clerk while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

3. If the person meets the criteria described in Government Code section 68632, subdivision (a) or (b), the City shall accept, in full satisfaction, 20 percent of the administrative fine imposed.

E. Violations before SB 946.A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under SB 946 had SB 946 been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case.

F. Health codes.Nothing contained herein shall be construed to impede the City's or County's ability to enforce County Health Department codes and regulations.
(Ord. No. 1680, § 4, 9-18-2019)

5.50.120 Severability.

If any provision or clause of this chapter or the application thereof is held unconstitutional or otherwise invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, clauses or applications of this chapter which can be implemented without the invalid provision, clause or application, it being hereby expressly hereby declared that this chapter, and each section, subsection, sentence, clause, and phrase hereof would have been prepared, proposed, approved, adopted, and/or ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses, and/or phrases be declared invalid or unconstitutional. (Ord. No. 1680, § 4, 9-18-2019)
64 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: August 20, 2024 Agenda Item: 10B.

Submitted By: Code Compliance Division
Prepared By: Danielle Sorahan, Code Compliance Manager
Subject:
..titl e

INTRODUCTION (FIRST READING) OF AN ORDINANCE REGULATING THE OPERATION

AND USE OF ELECTRIC BICYCLES AND OTHER ELECTRIC TRANSPORTATION DEVICES

AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT..body
Fiscal Impact:

None.

Summary:

The proliferation of electric bicycles (e-bikes) and other electric transportation devices in San Clemente has raised significant public safety and quality of life concerns. The proposed ordinance aims to establish comprehensive guidelines to regulate the use and operation of these devices within City limits. This includes aligning with state regulations and addressing specific local concerns such as rider safety, pedestrian interactions, and community impact. By introducing this ordinance, the City seeks to ensure that the growing use of electric transportation devices is managed in a way that protects residents, enhances public safety, and maintains the quality of life in San Clemente. The proposed ordinance, if introduced and adopted, will be incorporated as Chapter 10.62 in Title 10 - Vehicle and Traffic, of the San Clemente Municipal Code (SCMC).

Background:

On May 7, 2024, the City Council directed staff to develop an ordinance regulating the operation and use of electric bicycles based on recommendations of the Public Safety Committee. The agenda report and minutes of the City Council meeting on this item are provided, respectively, as Attachments 2 and 3. The Committee, as part of their E-bicycle/Traffic Safety Project contained in the Committee’s Fiscal Year 2023-2024 Work Plan, conducted a thorough review of existing regulations and considered measures implemented by other cities.

San Clemente’s existing regulations, outlined in SCMC 12.32.130, govern the use of bicycles and electric bicycles, particularly focusing on areas such as the Pier, Beach Access Road, Beach, and Beach Trail. The code defines bicycles and e-bikes, including Class 1, 2, and 3 e-bikes, and sets forth areas where these can be used or are restricted. For instance, riding of bicycles is allowed on the Beach Trail but restricted on the beach itself and certain parts of the trail during peak times. E-bikes and other motorized devices are prohibited from operating on the beach and trail, ensuring safe and regulated use in these public spaces. 65 Meeting Date: August 20, 2024 Agenda Item: 10B.

CITY OF SAN CLEMENTE 2
Discussion:

The proposed ordinance is designed to align local regulations with state laws and address community concerns regarding safety and quality of life, and ensure the responsible use of electric transportation devices in San Clemente. The ordinance, if adopted, will amend the SCMC to align with existing portions of relevant state laws, provide applicable definitions, describe enforcement procedures and penalties, and establish the following regulations regarding the operation of e-bikes and electric motorcycles, among others, contained in the proposed ordinance provided as Attachment 1:
 Unsafe Operation Prohibited: No person shall ride or operate an electric bicycle, motordriven cycle, or any other electric or motorized conveyance in an unsafe manner.  Passenger Restrictions: No person riding or operating an electric bicycle, motor-driven cycle, or any other electric or motorized conveyance shall transport another person upon an electric bicycle, motor-driven cycle, or any other electric or motorized conveyance unless such passenger is seated upon a seat attached to the vehicle.  Requirements During Hours of Darkness: e-bikes shall only be operated by persons 16 years of age or older, and must be operated with a front lamp emitting a white light visible from a distance of 300 feet and a rear solid or flashing red light with a built-in reflector visible from a distance of 500 feet.
 Prohibited Actions: Prohibits the operation of e-bikes on highways, roadways and sidewalks while performing stunts such as wheelies or endo-wheelies (“stoppies”), as well as prohibit texting while operating e-bikes.
 Requirements for Class 3 Electric Bicycles: Operators must be 16 years of age or older, all riders must wear a helmet, and may not be operated on any public off-road trails within the City of San Clemente.
 Electric Motorcycles: Electric Motorcycles are not considered an electric bicycle and are treated as a motorcycle as defined by California Vehicle Code, and shall not be operated without a motorcycle license, license plate and registration, insurance, and the riders wear DOT-approved helmets.
 Completion of Safety Course Post-Violation: Allow a conviction of a violation of the SCMC or the California Vehicle Code related to the operation of an e-bike to be deemed adjudicated upon the successful completion of a City-approved E-Bike Safety Course.  Sale/Rental Business Regulations: All businesses within the City that provide e-bike sales or rental services to provide buyers/renters with a copy of the ordinance.

In addition to the regulations proposed by the Public Safety Committee, and initiated by the City Council on May 7, 2024, staff has included the following regulations in the proposed ordinance for the City Council’s consideration. The fifth recommended addition below, “Use of Designated 66 Meeting Date: August 20, 2024 Agenda Item: 10B.

CITY OF SAN CLEMENTE 3
Lanes,” was submitted by a member of the public and staff concurs that it would provide a benefit if included in the ordinance.
 Helmet Requirement: All operators and passengers under 18 years of age shall wear a helmet.
 Direction of Travel: The operator of an e-bike, or other electric transportation device, shall travel in the same direction as vehicles.
 Compliance with Safety Standards: E-bikes are required to meet certain equipment and manufacturing requirements adopted by the United States Consumer Product Safety Commission, and may not be tampered with to change the speed capabilities of the device unless proper replacement of required labels occurs.  Responsibility of Parent: The parent of any child, and the guardian of any ward, shall not authorize or knowingly permit any minor child or ward to violate any of the provisions of this Chapter.
 Use of Designated Lanes: E-bike riders must use designated bicycle lanes where available. In the absence of a designated bicycle lane, cyclists and e-bike riders are permitted to use sidewalks; however, cyclists must yield the right-of-way to all pedestrians and maintain a cautious speed that does not endanger pedestrian safety.

The ordinance provides two exemptions for the use of electric mobility devices by public agency personnel in the performance of their official duties, and by physically disabled persons as defined under the Americans with Disabilities Act, as long as it is operated in a safe manner.

Council Options:
 Introduce and conduct the first reading of Ordinance No. 1778 regulating the operation and use of electric bicycles and other electric transportation devices within the City.  Modify and then introduce and conduct the first reading of Ordinance No. 1778.  Continue the item with the direction to staff to provide additional information.  Do not introduce Ordinance No. 1778. This action will result in no amendment to the SCMC to further regulate e-bikes, thereby leaving existing SCMC provisions in place.

Environmental Review/Analysis:

The introduction, and subsequent adoption, of an ordinance to regulate e-bikes does not qualify as a "project" under the California Environmental Quality Act (CEQA) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, § 15378, subd. (a).) The language merely modifies existing restrictions and prohibitions, absent an applicable exception, regarding the operation of electric bicycles and other forms of personal electric transportation devices on public property. In the alternative, the Ordinance falls within the “common sense” exemption set forth in State CEQA Guidelines section 67 Meeting Date: August 20, 2024 Agenda Item: 10B.

CITY OF SAN CLEMENTE 4
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 regarding the operation of electric bicycles and other forms of personal electric transportation devices on public property; the Ordinance will not result in any development or in any new activity with the potential to impact the environment.

Recommended Actions:

STAFF RECOMMENDS that the City Council introduce and conduct a first reading of an ordinance entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SAN CLEMENTE MUNICIPAL CODE TITLE 10 - VEHICLES AND TRAFFIC, ADDING CHAPTER 10.62 TO ESTABLISH REGULATIONS FOR

THE OPERATION AND USE OF ELECTRIC BICYCLES AND OTHER FORMS OF ELECTRIC

TRANSPORTATION AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT”.
..recommendation
..end
Attachment:

1. Draft Ordinance No. 1778

2. City Council Agenda Report, with exhibits, entitled, “Consideration Of A Resolution To Adopt A Recommendation Of The Public Safety Committee And Initiate An Ordinance To Amend The San Clemente Municipal Code To Include Additional Regulations On The Use And Enforcement Of Electric Bicycles,” dated May 7, 2024

3. Minutes from the City Council Meeting, dated May 7, 2024 Notification:

None.
68 ATTACHMENT 1
ORDINANCE NO. 1778

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AMENDING SAN
CLEMENTE MUNICIPAL CODE TITLE 10 - VEHICLES AND
TRAFFIC, ADDING CHAPTER 10.62 TO ESTABLISH

REGULATIONS FOR THE OPERATION AND USE OF

ELECTRIC BICYCLES AND OTHER FORMS OF ELECTRIC

TRANSPORTATION 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 has experienced a significant increase in the use of electric bicycles and other electric transportation devices, leading to concerns regarding public safety and the need for regulation; and
WHEREAS, existing municipal code provisions under San Clemente Municipal Code (SCMC) section 12.32.130 regulate the use of bicycles and electric bicycles, emphasizing safe and regulated use in public areas such as the Municipal Pier, Beach Access Road, Beach, and Beach Trail, and defines bicycles and e-bikes, including Class 1, 2, and 3 e-bikes, and sets forth areas where these can be used or are restricted; and
WHEREAS, the Public Safety Committee has considered the necessary components of an e-bike safety ordinance as part of the Committee’s E-bicycle/Traffic Safety Project contained in the Committee’s Fiscal Year 2023-2024 Work Plan; and WHEREAS, the Public Safety Committee has determined that additional regulations are needed to adequately address the safety concerns and usage impacts of e-bikes, particularly in high-traffic and shared community spaces. The Committee reviewed and deliberated on the necessary contents of additional regulations at their meeting of March 26, 2024, and recommended that the City Council initiate an ordinance to amend the SCMC to enhance safety measures for both pedestrians and ebike riders; and WHEREAS, the City Council seeks to establish clear rules and guidelines for the operation of electric bicycles and other electric transportation devices to ensure safety and harmony within the community; and
WHEREAS, on May 7, 2024, the City Council directed staff to develop an ordinance regulating the operation and use of electric bicycles based on recommendations of the Public Safety Committee; and
69 Ordinance No. 1778 Page 2
WHEREAS, these regulations are designed to align with California state laws and provide a framework for enforcement and penalties for violations; 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 hereby 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 operation of electric bicycles and other forms of personal electric transportation devices on public property. In the alternative, the City Council finds that the Ordinance falls within the “common sense” exemption set forth in State CEQA Guidelines section 15061(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 regarding the operation of electric bicycles and other forms of personal electric transportation devices 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. Chapter 10.62 is hereby added to the San Clemente Municipal Code to read in its entirety as follows:

Chapter 10.62: Regulations of Electric Bicycles and Other Electric Transportation Devices
Section 10.62.010- Definitions.

For the purposes of this Chapter, the following terms shall have the meanings ascribed to them in this Section:

A. “Bicycle” shall have the same meaning as set forth in California Vehicle Code Section 231, as amended from time to time.

B. “Electric Bicycle” or “E-Bike” shall have the same meaning as set forth in California Vehicle Code Section 312.5, as amended from time to time, and shall be categorized as follows:
70 Ordinance No. 1778 Page 3

1. Class 1 Electric Bicycle: An electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour.

2. Class 2 Electric Bicycle: An electric bicycle equipped with a motor that may be used exclusively to propel the bicycle and ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour.

3. Class 3 Electric Bicycle: An electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches a speed of 28 miles per hour. Such electric bicycles shall be equipped with a speedometer.

C. “Electric Personal Assistive Mobility Device” shall have the same meaning as set forth in California Vehicle Code Section 313, as amended from time to time.

D. “Electrically Motorized Boards” shall have the same meaning as set forth in California Vehicle Code Section 313.5, as amended from time to time.

E. “Electric Motorcycle” shall mean any electric-powered two- or three-wheeled vehicle with a motor of more than 750 watts and a lack of operable pedals. Such vehicles shall not be considered an electric bicycle and shall be treated as a motorcycle as defined by California Vehicle Code Sections 400(a) and 400(b).

F. “Highway” shall mean any publicly maintained way or place open to the use of the public for purposes of vehicular travel, including streets.

G. “Hours of Darkness” shall mean all times of the week that occur between thirty (30) minutes past sunset to thirty (30) minutes before sunrise.

H. “Low-Speed Vehicle” shall have the same meaning as set forth in California Vehicle Code Section 385.5, as amended from time to time.

I. “Motorized Scooter” shall have the same meaning as set forth in California Vehicle Code Section 407.5, as amended from time to time.

J. “Operator” shall mean any person who owns, operates, or controls a regulated mobility device.

K. “Public Area” shall mean any outdoor area open to the public for public use, whether owned or operated by the City or a private party.

L. “Regulated Mobility Device” shall include bicycles, electric bicycles, electric personal assistive mobility devices, electrically motorized boards, low-speed vehicles, motorized scooters, shared mobility devices and other similar vehicles.

M. “Rider” shall mean a traveler riding on a regulated mobility device who is not operating it.
71 Ordinance No. 1778 Page 4
N. “Shared Mobility Device” shall have the same meaning as set forth in California Civil Code Section 2505, as amended from time to time.

O. “Wheelie” shall mean an acrobatic stunt where the front tire or wheel is lifted off the ground due to extreme torque being applied to the rear wheel while in motion.

P. “Endo-Wheelie” or “Stoppie” shall mean a trick performed on a motorcycle or bicycle where the back wheel is lifted by abruptly applying the front brake, then reducing the brake pressure to ride for a short distance on the front wheel.

Section 10.62.020- Operation and Use of Electric Bicycles and Electric Motorcycles
A. It shall be unlawful for any person to ride or operate any electric bicycle, motordriven cycle, or any other electric or motorized conveyance unless such ride or operation complies with the following provisions:

1. Unsafe Operation Prohibited. No person shall ride or operate an electric bicycle, motor-driven cycle, or any other electric or motorized conveyance in an unsafe manner. "Unsafe manner" shall mean operating in such a way as that violates any provision of state law or the City’s municipal code or constitutes a danger to the operator, a passenger, other motorists, other riders, or pedestrians in the area.

2. Helmet Requirement. All operators and passengers under 18 years of age shall wear a helmet properly strapped while riding or operating an electric bicycle, motor-driven cycle, or any other electric or motorized conveyance, as specified in California Vehicle Code Section 21212.

3. Direction of Travel. The operator of a bicycle, electric bicycle, electric scooter, or electric skateboard shall travel in the same direction as vehicles are required to be driven upon the roadway, regardless of whether or not the operator is in the roadway or in a bike lane.

4. Passenger Restrictions. No person riding or operating an electric bicycle, motor-driven cycle, or any other electric or motorized conveyance shall transport another person upon an electric bicycle, motor-driven cycle, or any other electric or motorized conveyance unless such passenger is seated upon a seat attached to the vehicle in a safe manner. No person shall be a passenger on an electric bicycle, motor-driven cycle, or any other electric or motorized conveyance unless such passenger is seated upon a seat attached to the vehicle in a safe manner.

5. Requirements During Hours of Darkness.
a. During Hours of Darkness, electric bicycles shall only be operated by persons 16 years of age or older.
72 Ordinance No. 1778 Page 5
b. During Hours of Darkness, electric bicycles shall only be operated with a front lamp emitting a white light visible from a distance of 300 feet and a rear solid or flashing red light with a built-in reflector visible from a distance of 500 feet.

6. Prohibited Actions.
a. It shall be unlawful to operate electric bicycles on highways, roadways, or sidewalks while performing stunts such as wheelies or endowheelies (stoppies). b. It shall be unlawful to operate electric bicycles while utilizing a hand-held mobile communication device, such as using a mobile phone to text.

7. Use of Designated Lanes. E-bike operators must use designated bicycle lanes where available. In the absence of a designated bicycle lane, cyclists and e-bike riders are permitted to use sidewalks; however, e-bike operators must yield the right-of-way to all pedestrians and bicycle-riders and maintain a cautious speed that does not endanger pedestrian safety.

8. Requirements for Class 3 Electric Bicycles.
a. A person must be 16 years of age or older to operate a Class 3 electric bicycle.
b. All persons operating or riding as a passenger upon a Class 3 electric bicycle shall comply with Section 21213 of the California Vehicle Code regarding the wearing of a properly fitted and fastened bicycle helmet.
c. Class 3 E-Bikes shall not be ridden on any sidewalks or any public off-road trails within the City of San Clemente.

9. Compliance with Safety Standards. An electric bicycle shall meet the following criteria:
a. Comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).
b. Operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied, or operate in a manner such that the motor is engaged through a switch or mechanism that, when released or activated, will cause the electric motor to disengage or cease to function.
73 Ordinance No. 1778 Page 6
c. A person shall not tamper with or modify an electric bicycle so as to change the speed capability of the bicycle unless he or she appropriately replaces the label indicating the classification.

10. Electric Motorcycles. Electric Motorcycles shall not be operated within the limits of the City of San Clemente without the following:
a. The operator shall have a valid motorcycle license as required by California Vehicle Code Section 12500(b); and
b. The Electric motorcycle shall have, and the operator shall carry proof of, valid registration and license plate as required by California Vehicle Code Section 4000(a)(1); and
c. All operators and riders shall wear a helmet approved by the United States Department of Transportation (DOT) as required by California Vehicle Code Section 27803(b); and
d. All operators shall have and maintain evidence of financial responsibility (Insurance) as required by California Vehicle Code Section 16028a.

Section 10.62.030- Restrictions on Beach and Beach Trail A. The operation and use of electric bicycles, motorized scooters, electrically motorized boards, and other similar motorized recreational devices on the beach and beach trail shall be governed by Section 12.32.130 of the San Clemente Municipal Code.

Section 10.62.040- Enforcement and Penalties
A. Responsibility of Parent. The parent of any child, and the guardian of any ward, shall not authorize or knowingly permit any minor child or ward to violate any of the provisions of this Chapter.

B. Regulations Provided upon Retail Sale or Rental of an Electric Bicycle. Every store or business selling or renting E-bikes shall supply a copy of this Chapter (SCMC Chapter 10.62) to every person(s) purchasing or renting an E-Bike, and shall maintain proof of providing such copy for minimum of three years. Records of proof shall be provided to the City immediately upon request by the Chief of San Clemente Police Services during normal business hours of the store or business.

C. Violations and Penalties:

1. Violation of any provision of this Chapter shall be subject to enforcement as specified in Chapter 1.16 of the San Clemente Municipal Code. 74 Ordinance No. 1778 Page 7

2. Any person found in violation of any provision of this Chapter, or the California Vehicle Code while operating an E-Bike, may, in lieu of payment of a fine or other penalty, be required to complete a City-approved training and education class on the safe operation of electric bicycles. Payment for the costs for such class shall be the responsibility of the offender. Proof of completion must be provided to the City’s Police Services Division within 90 days of the violation notice if such class is required. The violation shall not be deemed adjudicated until the offender provides such notice timely.

3. Every person violating any provisions of this Chapter shall be deemed guilty of a misdemeanor unless specifically provided otherwise in this Chapter. In no case shall the fine for violation of this Chapter exceed an amount specified by the City.

Section 10.62.050- Exemptions
A. Public Agency Personnel: Notwithstanding any other provision of this Chapter, or any other section of this code, City and public agency personnel may operate regulated mobility devices or other vehicles at any place in the City in the performance of their official duties.

B. Disability: This Chapter is not intended to apply to or otherwise restrict regulated mobility devices used in a safe manner by physically disabled persons as defined under the Americans with Disabilities Act (42 U.S.C. Sections 12101 et seq.).

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.
75 Ordinance No. 1778 Page 8
Section 8. The City Clerk shall certify to the passage and adoption of this ordinance and cause the same to be published as required by law, and the same shall take effect as provided by law.

APPROVED AND ADOPTED this ____ day of _______________, 2024.

ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
76 Ordinance No. 1778 Page 9

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. 1778 having been regularly introduced at the meeting of _______________, 2024, 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 ____, 2024, 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 ____________, 2024. __________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney
77 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: May 7, 2024 Agenda Item: 9B
Submitted By: Community Development
Prepared By: Danielle Sorahan, Code Compliance Manager
Subject:
..titl e

CONSIDERATION OF A RESOLUTION TO ADOPT A RECOMMENDATION OF THE PUBLIC

SAFETY COMMITTEE AND INITIATE AN ORDINANCE TO AMEND THE SAN CLEMENTE

MUNICIPAL CODE TO INCLUDE ADDITIONAL REGULATIONS ON THE USE AND

ENFORCEMENT OF
..body ELECTRIC BICYCLES
Fiscal Impact:

There are fiscal impacts resulting from the cost for staff to draft an ordinance based on the Public Safety Committee’s proposed regulations. Drafting an ordinance will involve costs for staff time and legal counsel review, and such costs are estimated to be less than $15,000.

Summary:

The Public Safety Committee recommends that the City Council initiate a code amendment to develop a comprehensive ordinance to regulate the operation of electrical bicycles (e-bikes) throughout the City. This action would apply such regulations in addition to the regulations on ebikes currently contained in the San Clemente Municipal Code (SCMC), which are tailored to address the operation of e-bikes at City-beach areas and facilities. This recommendation aims to enhance public safety by regulating the use of e-bikes, in accordance with state regulations, and addressing specific community concerns in San Clemente.

Background:

San Clemente’s existing regulations, outlined in SCMC 12.32.130, govern the use of bicycles and electric bicycles, particularly focusing on areas such as the Pier, Beach Access Road, Beach, and Beach Trail. The code defines bicycles and e-bikes, including Class 1, 2, and 3 e-bikes, and sets forth areas where these can be used or are restricted. For instance, riding of bicycles is allowed on the Beach Trail but restricted on the beach itself and certain parts of the trail during peak times. E-bikes and other motorized devices are prohibited from operating on the beach and trail, ensuring safe and regulated use in these public spaces. Given the increasing popularity and evolving use patterns of e-bikes, there is a need to update these regulations to better address safety and integration into San Clemente's active community spaces.

Discussion:

The Public Safety Committee has considered the necessary components of an e-bike safety ordinance as part of their E-bicycle/Traffic Safety Project contained in the Committee’s Fiscal Year 2023-2024 Work Plan. The Committee’s investigation and consideration of potential regulations, including the review of regulations adopted by other cities such as Carlsbad, Irvine, Huntington Beach and Laguna Niguel, occurred over many months and resulted in a proposal 1 ATTACHMENT 2
78 Meeting Date: May 7, 2024 Agenda Item: 9B

CITY OF SAN CLEMENTE
approved by the Committee at their meeting of March 26, 2024. The proposal is focused on the following key safety measures:
 Operator Age and Licensing: Prohibit e-bike operations during hours of darkness unless the operator is at least 18 years old or holds a valid driver’s license issued by any US State or Territory.
 Passenger Restrictions: Require operators to be at least 18 years old, or hold a valid stateissued driver’s license, to carry passengers on e-bikes.  Prohibited Actions: Prohibit the operation of e-bikes on highways, roadways, or sidewalks while performing stunts such as wheelies or endo-wheelies (Stoppies), as well as prohibit texting while operating e-bikes.
 Trail and Beach Trail Restrictions: Prohibit Class 3 e-bikes upon all public off-road trails within the City of San Clemente.
 Completion of Safety Course Post-Violation: Allow any conviction of a violation of the SCMC or the California Vehicle Code related to the operation of an e-bike to be deemed adjudicated upon the successful completion of a City-approved E-Bike Safety Course.

Proof of completion recommended to be provided to the court within 90 days of conviction.  Rental Business Regulations: Require all businesses within the City that provide e-bike rental services to provide renters with a copy of applicable e-bike regulations contained in the SCMC.

Concerns about potential safety hazards and the overlap with existing regulations in the California Vehicle Code were considered, indicating a need for careful assessment of the cause and effect of new regulations. At the March 26, 2024 Public Safety Committee meeting, the Committee’s representative from the Orange County Sheriff’s Department, Captain Christian, discussed his department’s concerns with establishing new regulations that could have the potential to unintentionally create new traffic hazards. After deliberation of available options and potential concerns, the Committee recommends that the City Council initiate an amendment to integrate the proposed new rules effectively with existing laws, and enhance public safety as it relates to ebikes and traffic.

Council Options:
 Adopt Resolution No. 24-68 to initiate an amendment to the San Clemente Municipal Code to further regulate e-bikes throughout the City.
 Modify and then adopt Resolution No. 24-68.
 Continue the item with the direction to staff to provide additional information.  Do not approve Resolution No. 24-68. This action will result in no new ordinance being drafted to further regulate e-bikes, thereby leaving existing SCMC provisions in place unamended. 792
Meeting Date: May 7, 2024 Agenda Item: 9B

CITY OF SAN CLEMENTE
Environmental Review/Analysis:

The initiation of an amendment of an ordinance to regulate e-bikes does not qualify as a "project" under the California Environmental Quality Act (CEQA) because it only involves the work of staff to draft such an ordinance for future City Council consideration and has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment (State CEQA Guidelines, § 15378, subd. (a)). The action merely provides approval to allocate staff time to draft a potential ordinance for new regulations concerning the use of electric bicycles, and does introduce any new activities or changes that could affect the environment. The proposed ordinance itself after being drafted would go through the appropriate environmental review.

Recommended Actions:

THE PUBLIC SAFETY COMMITTEE RECOMMENDS that the City Council adopt Resolution No. 24-68 to initiate an ordinance to amend the San Clemente Municipal Code to include additional regulations on the use and enforcement of electric bicycles...recommendation ..end
Attachments:

1. Proposed Resolution No. 24-68

2. E-Bike Ordinance Draft Suggestions Document, considered by the Public Safety Committee on March 26, 2024

3. Minutes from the Public Safety Committee Meeting, dated March 26, 2024 Notification:

None.
3 Exhibits:

A
B
C
80 ATTACHMENT 1
RESOLUTION NO. 24-68

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ADOPTING THE PUBLIC
SAFETY COMMITTEE’S RECOMMENDATION TO INITIATE

AN ORDINANCE TO AMEND THE SAN CLEMENTE

MUNICIPAL CODE TO INCLUDE ADDITIONAL

REGULATIONS ON THE USE AND ENFORCEMENT OF

ELECTRIC BICYCLES
WHEREAS, the increasing popularity of electric bicycles (e-bikes) presents new challenges for public safety and integration into community spaces; and WHEREAS, existing municipal code provisions under San Clemente Municipal Code (SCMC) 12.32.130 regulate the use of bicycles and electric bicycles, emphasizing safe and regulated use in public areas such as the Municipal Pier, Beach Access Road, Beach, and Beach Trail, and defines bicycles and e-bikes, including Class 1, 2, and 3 ebikes, and sets forth areas where these can be used or are restricted; and WHEREAS, the Public Safety Committee has considered the necessary components of an e-bike safety ordinance as part of the Committee’s E-bicycle/Traffic Safety Project contained in the Committee’s Fiscal Year 2023-2024 Work Plan; and WHEREAS, the Public Safety Committee has determined that additional regulations are needed to adequately address the safety concerns and usage impacts of e-bikes, particularly in high-traffic and shared community spaces. The Committee reviewed and deliberated on the necessary contents of additional regulations at their meeting of March 26, 2024, and recommended the City Council initiate an ordinance to amend the SCMC to enhance safety measures for both pedestrians and e-bike riders.

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

Section 1. That the above recitations are true and correct and incorporated herein.

Section 2. That the City Council hereby directs staff to initiate an ordinance to amend the SCMC to include additional regulations on the use and enforcement of electric bicycles.

The proposed amendment shall include, but not be limited to, establishment of several key safety measures, such as: (1) requiring that e-bikes shall not be operated during hours of darkness unless the operator is at least 18 years old or holds a valid driver’s license issued by any US State or Territory; (2) mandating that operators must be at least 18 years old or hold a valid state-issued driver’s license to carry passengers on e-bikes; (3) prohibiting the operation of e-bikes on highways, roadways, or sidewalks while performing stunts such as wheelies or endo-wheelies, as well as prohibiting texting while operating e-bikes; (4) restricting Class 3 e-bikes from all off-road trails; (5) requiring any e-bike rental business in the City to provide renters with a copy of the SCMC regulations applicable to e-bikes; and (6) stipulating that any conviction of a violation of the SCMC or the California Vehicle Code related to the operation of an e-bike will not be deemed adjudicated until the violator 4 EXHIBIT A
81 Resolution No. 24-68 Page 2
completes a City of San Clemente-approved E-Bike Safety Course, with proof of completion provided to the court within 90 days of conviction.

Section 3. That 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 ____________________, 2024.

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

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. 24-68 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
825
Sugges�ons for City of San Clemente E-Bike Ordinance
Defini�ons:

Electric Bicycle – An electric bicycle (E-Bike), as defined by California Vehicle Code Section 312.5, is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts. Three classes of electric bicycles have been established:
• Class 1: A low speed pedal-assisted electric bicycle equipped with a motor which provides assistance only when the rider is pedaling and ceases to provide assistance when a speed of 20 mph is reached.
• Class 2: A low speed throttle-assisted electric bicycle equipped with a motor used exclusively to propel the bicycle and NOT capable of providing assistance when a speed of 20 mph is reached.
• Class 3: A low speed pedal-assisted electric bicycle equipped with a speedometer, and a motor which provides assistance only when the rider is pedaling and ceases to provide assistance when a speed of 28 mph is reached.
o The operator of a Class 3 electric bicycle (per dmv.ca.gov):
 Must be 16 years old or older.
 Must wear a bicycle safety helmet.
 Must not transport passengers.
 May ride an electric bicycle in a bicycle lane if authorized by local authority or ordinance.

All electric bicycle classes are exempt from the motor vehicle financial responsibility, driver's license, and license plate requirements.

Electric Motorcycle – Any electric powered two or three wheeled vehicle with a motor of more than 750 watts and a lack of operable pedals SHALL NOT BE CONSIDERED an Electric Bicycle.

For the purpose of this ordinance, such vehicles SHALL BE CONSIDERED an Electric Motorcycle by the City of San Clemente and be treated as a Motorcycle as defined by California Vehicle Code Sections 400(a) and 400(b).

Hours of Darkness – Darkness, as defined by California Vehicle Section 280, is any time from one-half hour after sunset to one-half hour before sunrise and any other time when visibility is not sufficient to render clearly discernible any person or vehicle on the highway at a distance of 1,000 feet
Wheelie – An acrobatic driving or riding stunt of lifting up the front tire or wheel off of the ground due to extreme torque being applied to the rear wheel or wheels while in motion.

Attachment 2
6 ---

EXHIBIT B
83 Endo-Wheelie AKA Stoppie – The Endo-Wheelie or Stoppie is a motorcycle and bicycle trick in which the back wheel is lifted by abruptly applying the front brake, then, by carefully reducing the brake pressure, the bike is ridden for a short distance on the front wheel. It is also called an endo, a nose manual, or less commonly, a front wheelie.

E-Bike Rules:

1. E-Bikes shall not be operated during hours of darkness unless the operator has a valid State issued (any US State or Territory) Driver License or is at least 18 Years of Age.

2. E-Bikes shall not be operated with a passenger unless the operator has a valid State issued (any US State or Territory) Driver License or is at least 18 Years of Age.

3. During hours of darkness, E-Bikes shall only be operated with a front lamp emi�ng a white light visible from a distance of 300 feet and a rear solid or flashing red light with a built-in reflector visible from a distance of 500 feet.

4. E-Bikes shall not be operated on any highway, roadway or sidewalk while performing a Wheelie or Endo-Wheelie AKA a Stoppie.

5. E-Bikes shall not be operated while tex�ng on a cell phone.

6. Class 3 E-Bikes shall not be ridden on any off-road trails within the City of San Clemente.

7. Class 3 E-Bikes shall not be ridden on any sidewalks within the City of San Clemente. This does not apply to traversing a sidewalk to park the E-Bike or to enter private or public lands.

8. E-Bikes, regardless of Class, shall not be ridden on the sidewalk in any business district within the City of San Clemente. This does not apply to traversing a sidewalk to park the E-Bike or to enter private or public lands.

9. E-Bikes, regardless of Class, shall not be ridden on the San Clemente Beach Trail between North Beach and Calafia Beach.

10. Electric Motorcycles shall not be operated within the limits of the City of San Clemente unless the following parameters are met:
• Motorcycle License Required per California Vehicle Code Sec�on 12500(b) • Registra�on and License Plate Required per California Vehicle Code Sec�on 4000(a)(1)
847
• DOT Approved Helmet required per California Vehicle Code Sec�on 27803(b) • Evidence of Financial Responsibility (Insurance) required per California Vehicle Code Sec�on 16028a.

Electric Motorcycles may only be used on private property with the expressed permission of the property owner or the owner’s authorized agent.

Law Enforcement use of the California Vehicle Code Towing, Storage and Impound Authori�es apply to the unlawful use of Electric Motorcycles in the City of San Clemente.

11. Any convic�on of a viola�on of this Ordinance or the California Vehicle Code while opera�ng an E-Bike, will not be deemed adjudicated un�l the violator completes a City of San Clemente approved E-Bike Safety Course. Proof of comple�on must be provided to the court within 90-Days of convic�on.

12. Any E-Bike rental business in the City of San Clemente shall provide a copy of this Ordinance to anyone person(s) ren�ng an E-Bike.
858
Attachment 3
9 These minutes were approved at the Public Safety Committee Meeting of 04/23/2024.

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

PUBLIC SAFETY COMMITTEE
MARCH 26, 2024
City Hall
Council Chambers, 2nd Floor
91 0 Calle Negocio
San Clemente, CA 92673

1. CALL TO ORDER

2. Chair Berkuta called the Regular Meeting of the Public Safety Committee of the City of San Clemente to order at 3:00 p.m.

PLEDGE OF ALLEGIANCE
Vice Chair Greenwald led the Pledge of Allegiance.

3. ROLL CALL
Committee
Members Present: Chair Nick Berkuta
Vice Chair Michael Greenwald
Mark Rhoden
Gary Walsh
Captain Jay Christian (left at 4:27 p.m.)
Chief Rod Mellott
Chief Cheyne Maule (arrived at 3:09 p,m.)

Absent: Scotland Roeber
Staff Present: Danielle Sorahan, Code Compliance Manager Natanya Wilcher, Office Specialist II
Adam Atamian, Community Development Director
Trevor Milosch, Park Ranger Supervisor

4. SPECIAL ORDERS OF BUSINESS / PRSENTATIONS
A. Presentation by Community Development Director Adam Atamian on Council Liaisons
Community Development Director Atamian announced that Councilmember Loeffler was assigned as the liaison to assist the Committee.

EXHIBIT C
86 10
Page2
Minutes of the Regular Meeting of the Public Safety Committee of March 26, 2024

5. MINUTES
A. Minutes from the Regular Public Safety Committee Meeting of February 27,2024

MOTION BY VICE CHAIR GREENWALD, SECOND BY MEMBER WALSH, AND CARRIED 4-0-1, MEMBER ROEBER ABSENT, to approve the February 27, 2024 Minutes.

6. ORAL AND WRITTEN COMMUNICATION
None.

7. REVEWS AND RECOMMENDATIONS
A. Code Compliance FY2023 Q4, Code Compliance FY2024 Q1 B. Park Rangers FY 2023 Q4, Park Rangers FY2024 Q1
Code Compliance Manager Sorahan provided an overview of the FY2023 Q4 and FY2024 01 Code Compliance and Park Rangers FY2023 04 and FY2024 01 statistics.

In response to Committee questions, Code Compliance Manager Sorahan discussed the various types of complaints including weed abatement, mold, unsafe rentals, trash and debris, and land use violations; case load, efficiencies and additional officers; lighting cases; training; measure of open cases; non-parking violations; and parking citations issued by the Sheriffs Department.

8. NEW BUSINESS
None.

9. UNFINISHED BUSINESS
A. Public Safety Committee Annual Work Plan FY2023-2024 (1) Communications and Disaster Preparedness Project Update Chair Berkuta discussed the upcoming Laguna Beach siren public address system demonstration; need for a Disaster Planner; and the bridge collapse in Baltimore, Maryland.
(2) Homelessness and Best Management Practices for Public Safety Personnel Project Update
87 11
Page3
Minutes of the Regular Meeting of the Public Safety Committee of March 26, 2024 Member Walsh requested the Community Outreach Team attend an upcoming meeting to present the Point-In-Time Count. Community Development Director Atamian explained that the Community Outreach Team was working with the Human Affairs Committee and the Public Safety Committee was tasked with best management practices for Public Safety personnel addressing the homeless.

Member Rhoden stated the south end of town was still clear.

In response to Chair Berkuta, Community Development Director Atamian discussed the Federal Government land near the County line. (3) Neighborhood Watch
Vice Chair Greenwald stated the Crime Prevention Specialist was doing a great job identifying block captains. He discussed the request for funds to purchase signs. Community Development Director Atamian stated Public Works was working to identify the number of needed signs and he would provide an update at the next meeting.

Member Walsh discussed the uptick in crime via key fobs and requested the Crime Prevention Office report back.
(4) Statistical Information and Review
Chair Berkuta reported on his and Member Roeber's tour and discussion on statistics with Faulk Care Ambulance.
(5) Human Trafficking
In response to Vice Chair Greenwald, Code Compliance Manager Sorahan stated the sweep had to be rescheduled.
(6) E .. Bicycle/Traffic Safety
Member Rhoden presented suggestions for a City of San Clemente E-bike ordinance.

Member Walsh suggested a prohibition of e-bikes within 3 feet of pedestrians.

Member Rhoden explained that pedestrians in the roadway were not allowed.

Captain Christian discussed the need to consider cause and effect such as creating undue safety hazards; and regulations already included in the California Vehicle Code.
88 12
Page4
Minutes of the Regular Meeting of the Public Safety Committee of March 26, 2024 Member Rhoden discussed his apprehension with creating rules that were unenforceable.

Chair Berkuta suggested requiring the use of lights during the day. • Member Walsh suggested requiring yielding to pedestrians on sidewalks, citable if an accident were caused.

MOTION BY MEMBER RHODEN, SECOND BY VICE CHAIR GREENWALD, AND CARRIED 4-0-1, MEMBER ROEBER ABSENT, to forward the suggestions for the City of San Clemente e-bike ordinance to the City Council, omitting Items 3, 7, 8 and 10.
(7) Technology Review
Chair Berkuta stated he had requested information on vacancies of license plate readers (LPRs). Captain Christian discussed the vacancies of LPRs, number needed and costs. Chair Berkuta stated he had requested Community Development Director Atamian submit for appropriate funding.

Captain Christian discussed the benefits of using LPR technology.

Member Rhoden discussed burglary tourism.
(8) Review of Urgent Matters
None.

10. REPORTS OF COMMITTEE MEMBERS AND STAFF
A. Police Services - Orange County Sheriff's Department Capt. Christian Captain Christian discussed an additional theft operation at the Outlets, and thefts and stolen credit cards at Walmart.

Captain Christian left the meeting at 4:27 p.m.

B. Fire Services - Orange County Fire Authority, Chief Maule Chief Maule reported on February statistics; an e-bike fire and efforts to educate residents; Every 15 Minutes at San Clemente High School; pending arrival of Fire Hawk helicopters; and upcoming dozer training and fire school. 89 13
Page5
Minutes of the Regular Meeting of the Public Safety Committee of March 26, 2024 C. Marine Safety - Marine Safety Division Capt. Mellott Chief Mellott reported on safety statistics; Marine Safety Officer recruitment; training academy; surf contests; Shamrock Run; Junior Lifeguard program registration; sand replenishment project; funding for new towers; and increased fence line on the Beach Trail.

D. Committee Chair
None.

E. Committee members
None.

F. City staff
In response to Commission questions, Park Ranger Supervisor Milosch stated the uniforms provided more recognition as authority figure in the parks.

11. ADJOURNMENT

MOTION BY CHAIR BERKUTA, SECOND BY MEMBER WALSH, AND CARRIED 4~0~1, MEMBER ROEBER ABSENT, to adjourn the meeting at 4:42 p.m., to the next Regular Meeting of the Public Safety Committee scheduled to be held on Tuesday, April 23, 2024, at 3:00 p.m. at City Hall in Council Chambers of City Hall at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,
Attest:

Danielle
~~ Sorahan, Code Compliance Manager
90 CITY OF SAN CLEMENTE
Tuesday, May 7, 2024
91 0 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
City Council
Regular Meeting Minutes
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting
Mayor Cabral
Mayor Pro Tern Enmeier
Councilmember Duncan
Councilmember Knoblock
Councilmember Loeffler
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Regular Meeting of the San Clemente City Council was called to order by Mayor Cabral on May 7, 2024 at 5:00 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente .

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

CLOSED SESSION
Motion by Councilmember Knoblock, second by Mayor Pro Tern Enmeier, CARRIED 5-0, to recess to Closed Session at 5:01 p.m. to discuss the following :

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 1
Case Name: Harbor View Estates Homeowners Association v. City of San Clemente, Orange County Superior Court Case No .
30-2024-01371169-CU-WM-CXC
B. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representative: Brian Brower, Administrative Services Director
Unrepresented employees: All Employees
Employee Organization: San Clemente City Employees Association C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Discussion concerning real property transactions in compliance with Government

ATTACHMENT 3
91 City Council Regular Meeting Minutes May 7, 2024

9. New Business
9A. CONSIDERATION OF A SO-YEAR TIME CAPSULE IN CITY HALL COUNCIL

CHAMBERS PROPOSED BY THE SAN CLEMENTE HISTORICAL SOCIETY This item was tabled at the request of the San Clemente Historical Society.

98. CONSIDERATION OF A RESOLUTION TO ADOPT A RECOMMENDATION OF

THE PUBLIC SAFETY COMMITTEE AND INITIATE AN ORDINANCE TO

AMEND THE SAN CLEMENTE MUNICIPAL CODE TO INCLUDE ADDITIONAL

REGULATIONS ON THE USE AND ENFORCEMENT OF ELECTRIC

BICYCLES
Code Compliance Manager Sorahan reviewed the contents of the Administrative Report and responded to Council inquiries.

Donna Vidrine, San Clemente, spoke in support of the City Council considering an ordinance concerning electric bikes.

Mike Kay spoke in support of additional regulations for electric bikes; urged the City Council to allow additional opportunities for public input.

Chief of Police Services Christian responded to Council inquiries related to enforcement of the proposed ordinance concerning electric bikes.

Public Safety Committee Chair Berkuta responded to Council inquiries.

Motion by Councilmember Knoblock, second by Mayor Pro Tern Enmeier, CARRIED 5-0, to adopt Resolution No. 24-68 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING

THE PUBLIC SAFETY COMMITTEE'S RECOMMENDATION TO INITIATE AN

ORDINANCE TO AMEND THE SAN CLEMENTE MUNICIPAL CODE TO

INCLUDE ADDITIONAL REGULATIONS ON THE USE AND ENFORCEMENT OF ELECTRIC BICYCLES. The ordinance should include regulations concerning carrying passengers on electric bikes, and age or other restrictions related to riding electric bikes after dark as discussed by Council during its deliberations.

AYE:

NOE:

Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral
None

92 City Council Regular Meeting Minutes May 7, 2024

14. Adjournment
Motion by Councilmember Knoblock, second by Councilmember Duncan, CARRIED 5-0, to adjourn at 8:20 p.m. The next Regular Meeting will be held on May 21 , 2024. The Budget Workshop will commence at 4:00 p.m. Closed Session will begin at 5:30 p.m.The Business Meeting will commence at 6:00 p.m.

The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
MAYOR of the City of
San Cl ente, California
f the City of
n emente, California

93 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: August 20, 2024 Agenda Item: 10C.

Submitted By: Community Development
Prepared By: Adam Atamian, Community Development Director Matthew Silver, Esq., Code Compliance Legal Counsel
Subject:
..titl e

CONSIDERATION TO INTRODUCE (FIRST READING) AN ORDINANCE TO AMEND CHAPTERS 8.86 AND 12.18 OF THE SAN CLEMENTE MUNICIPAL CODE (RELATING TO

PUBLIC CAMPING AND PUBLIC STORAGE OF PERSONAL PROPERTY) TO ADDRESS CHANGES IN LAW BROUGHT ABOUT BY CITY OF GRANTS PASS, OREGON V. JOHNSON, ET AL ..body
Fiscal Impact:

None.

Summary:

Recently, the U.S. Supreme Court issued its ruling in City of Grants Pass, Oregon v. Johnson, et al., 144 S.Ct. 2202 (2024) (“Grants Pass”), which overruled Martin v. City of Boise, 902 F.3d 1031 (9th Cir. 2018) (“Martin”). The City Council may wish to amend Title 8 and Title 12 of the San Clemente Municipal Code (“SCMC”) to conform to new law regarding sleeping, camping, and associated activities in public places, as set forth in Grants Pass. The proposed ordinance amends various aspects of these Titles, specifically: (1) amending SCMC Section 8.86.040, regarding enforcement related to public camping; (2) deleting SCMC Section 8.86.050 regarding transitional camp rules; (3) and amending SCMC Section 12.18.020 regarding the definition of abandoned personal property associated with camping; and, (4) amending SCMC Section

12.18.040 regarding removal, storage, and retrieval of abandoned personal property associated with camping.

Background:

As of 2023, the number of people experiencing homelessness in the United States was estimated at over 653,104, with a large and disproportionate number located in the State of California.

According to data provided by the Federal Department of Housing and Urban Development, California is home to four of the nation’s top ten major metropolitan areas with the largest number of persons experiencing homelessness. Orange County is experiencing similar conditions, with significant and increasing numbers of persons currently homeless/unsheltered in Orange County, living in areas not meant for human habitation such as public streets, public and private parking lots, abandoned buildings, vacant lots, and open space areas, public infrastructure facilities, beaches, and parks.

The City of San Clemente (“City”) has been working actively to develop short and long-term solutions to the homelessness problem, in conjunction with the County and other stakeholders, to pursue the provision of emergency shelter services and transitional and long-term housing 94 Meeting Date: August 20, 2024 Agenda Item: 10C.

CITY OF SAN CLEMENTE 2
opportunities to address the underlying causes of homelessness, including petitioning the County of Orange to provide shelter and services to this highly impacted segment of its population. The City has contracted with various non-profit service organizations to provide outreach, counseling, and other services to the people in San Clemente experiencing homelessness.

The City’s climatic, topographical, circulation, seismic, geological, and wildland-urban interface conditions create an increased risk of fires, and several fire departments in California have responded to such fires at, or caused by activities at, unauthorized camping sites. For example, the Los Angeles Fire Department reports a rate of 24 homeless camping related fires per day, or 54% of all fires responded to. As fire risks in the State, including Orange County increase, so does the risk resulting from to homeless camps.

Based on the above and other related findings, on February 20, 2018, the City Council adopted Ordinance No. 1650 to amend the San Clemente Municipal Code (“SCMC”) to add Chapter 8.86, Camping, which prohibits camping upon public property, private open space, and fire risk areas.

On September 4, 2018, the United States Court of Appeals, Ninth Circuit, issued a decision in Martin that restricted the enforceability of anti-camping ordinances under certain circumstances.

In light of the Martin decision, on March 19, 2019, the City adopted an ordinance adding Section

8.86.040 to the SCMC providing that “[a]bsent exigent circumstances relating to immediate threats to the public health, safety, or welfare, the provisions of this chapter will not be enforced against indigent homeless persons sitting, lying, or sleeping on public property when no alternative shelter is available in accordance with the holding in Martin v. City of Boise (9th Cir. 2018) 902 F.3d 1031.”
SCMC section 8.86.040, in line with Martin, currently bars enforcement of the Code’s public camping prohibition where individuals lack alternative shelter, except where, upon a finding of exigent circumstances, the City makes certain City property available for transitional camping for persons suffering the effects of homelessness (hereinafter “transitional camping”). Consistent with Martin and SCMC section 8.86.040, following the adoption of Urgency Ordinance No. 1682 and Standard Ordinance No. 1689, the City has enforced the public camping prohibitions of Section 8.86.040 only by providing or confirming that persons violating those prohibitions have available: (1) transportation to and housing provided by friends, family, charitable, or other providers, (2) shelter in the form of hotel vouchers, and/or (3) paid access to a publicly owned campground.

In circumstances where Martin, coupled with the City’s potential inability to facilitate or provide housing or shelter, the City was compelled to allow public camping, Urgency Ordinance No. 1682 and Standard Ordinance No. 1689 amended Section 8.86.040 to provide that tents may be erected only between the hours of 5 p.m. and 10:00 a.m. Urgency Ordinance No. 1682 and Standard Ordinance No. 1689 added the foregoing provision to SCMC Section 8.86.040, based on the City’s experience in operating the Pico transitional camp, which demonstrated that tents could only be erected between the hours of 5:00 p.m. and 10:00 a.m. in order to protect the safety of the camp’s occupants. Structures with enclosed coverings constitute a danger to public safety in part because they prevent Orange County Sheriff's Department officers and other public safety personnel from observing all areas and activities on the site, including illegal activities inside the enclosed structured (e.g., alcohol consumption, weapons violations, or drug use). 95 Meeting Date: August 20, 2024 Agenda Item: 10C.

CITY OF SAN CLEMENTE 3
Under SCMC section 8.86.010, “camp facilities” include, but are not limited to, tents, huts, or other man-made or organic temporary structures.

Ordinance No. 1722 (February 1, 2022) added Chapter 12.18 regulating Public Storage of Personal Property in light of Martin.

During this time, homeless camping on public property in violation of the SCMC has been an increasing hazardous issue and the City’s current available tools under the SCMC and other available resources have not been able to effectively resolve these violations of law.

On June 28, 2024, the Supreme Court of the United States issued its ruling in Grants Pass, which overruled Martin and other rulings premised on it. The City is now authorized to amend SCMC Title 8 and Title 12 of the SCMC to conform to new law regarding sleeping, camping, and storing personal property in public parks and public places, as put forth Grants Pass. The City may enforce the SCMC without available shelter, although the City is free to continue offering available shelter and a variety of other services it currently offers to homeless campers, which it can continue notwithstanding changes via this proposed ordinance.

For the reasons discussed herein, the City Council may wish to introduce and later adopt the attached ordinance to conform the SCMC to be consistent with Grants Pass and to provide available tools necessary for the protection and improvement of public peace, health, safety and welfare. An overview of each proposed amendment to the SCMC in the attached ordinance is provided in the following section.

Discussion:

Amendment No. 1: Amending SCMC section 8.86.040 regarding enforcement related to public camping.

The proposed ordinance would revise SCMC section 8.86.040 to remove language to conform this section to be consistent with Grants Pass and provide available tools necessary for the preservation of public peace, health, and safety.

Removal of language from this section that references the now-overruled Martin ruling will conform the SCMC to Grants Pass by removing the requirement on the City to determine if exigent circumstances exist prior to enforcing the SCMC’s public camping prohibitions. It will also remove the requirement for the City to determine if alternative shelter or publicly provided campsites are available prior to enforcement. Nonetheless, this change will not affect the City’s ability to continue offering available resources to homeless campers on public property in the City, such as shelter space or camp sites, and a variety of other resources traditionally available to such campers. However, with this amendment, the City would have the ability restored, as in the years prior to Martin, to enforce the SCMC without first confirming available shelter or exigent circumstances exist. These conditions were added as a result and requirement of Martin, which is no longer the law.

Amendment No. 2: Deleting SCMC section 8.86.050 regarding transitional camp rules from the SCMC.
96 Meeting Date: August 20, 2024 Agenda Item: 10C.

CITY OF SAN CLEMENTE 4
The proposed ordinance would remove SCMC section 8.86.050 to be consistent with Grants Pass and its holding that no longer requires the City to provide alternative shelter prior to enforcement. Currently, the SCMC provides for transitional camping on public property and applies several rules to such activity. The Supreme Court ruling renders the transactional camping regulations moot.

Amendment No. 3: Amending SCMC section 12.18.020 regarding the definition of abandoned personal property associated with camping.

The proposed ordinance would amend SCMC section 12.18.020 to remove language to conform this section to be consistent with Grants Pass and provide available tools necessary for the preservation of public peace, health, and safety, specifically, by removing the categorical exemption that provides that all property associated with public camping is not considered abandoned regardless of circumstance.

Amendment No. 4: SCMC section 12.18.040 regarding removal, storage, and retrieval of abandoned personal property associated with camping.

The proposed ordinance would amend SCMC section 12.18.040 to remove language to conform this section to be consistent with Grants Pass by removing provisions that exempt personal property associated with illegal public camping from the definition of abandoned personal property and providing specialized and stricter abatement requirements than exist for all other types of illegal personal property storage.

Council Options:
 Introduce and conduct the first reading of Ordinance No. 1779 to amend SCMC Chapters 8.86 and 12.18 to further regulate public camping and public storage of personal property.  Modify and then introduce and conduct the first reading of Ordinance No. 1779.  Continue the item with the direction to staff to provide additional information.  Do not introduce Ordinance No. 1779. This action will result in no amendments to the SCMC to address changes in law brought about by Grants Pass, which overruled Martin.

Environmental Review/Analysis:

The proposed ordinance is not subject to the California Environmental Quality Act (“CEQA”) because the ordinance does not qualify as a “project” under CEQA and because the ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment. (State CEQA Guidelines, section 15060(c)(2), (3).) Section 15378 of the State CEQA Guidelines defines a project as the whole of an action, which could potentially result in either a direct physical change, or reasonably foreseeable indirect physical change, in the environment. Here, the ordinance will not result in any construction or development, and it will not have any effect that would physically change the environment. The ordinance therefore does not qualify as a project subject to CEQA.
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CITY OF SAN CLEMENTE 5
In the alternative, even if the ordinance did qualify as a “project” under CEQA, it would be exempt from CEQA under State CEQA Guidelines, section 15061(b)(3), which exempts projects from CEQA “[w]here it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Thus, even if the ordinance could result in some physical change in the environment, the ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment.

Recommended Action:

Staff Recommends that the City Council introduce and conduct the first reading of Ordinance No. 1779 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, COUNTY OF ORANGE, CALIFORNIA, AMENDING CHAPTERS 8.86 AND 12.18 OF THE SAN

CLEMENTE MUNICIPAL CODE RELATING TO PUBLIC CAMPING AND PUBLIC STORAGE

OF PERSONAL PROPERTY TO ADDRESS CHANGES IN LAW BROUGHT ABOUT BY CITY OF GRANTS PASS, OREGON V. JOHNSON, ET AL. 144 S.Ct. 2202 (2024), AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT” ..recommendation
..end
Attachment:

1. Proposed Ordinance No. 1779
Notification:

None.
98 ATTACHMENT 1
ORDINANCE NO. 1779

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, COUNTY OF ORANGE,
CALIFORNIA, AMENDING CHAPTERS 8.86 AND 12.18

OF THE SAN CLEMENTE MUNICIPAL CODE RELATING

TO PUBLIC CAMPING AND PUBLIC STORAGE OF

PERSONAL PROPERTY TO ADDRESS CHANGES IN

LAW BROUGHT ABOUT BY CITY OF GRANTS PASS,
OREGON V. JOHNSON, ET AL., 144 S.Ct. 2202 (2024)

AND FINDING THE ORDINANCE NOT SUBJECT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, as of January 2015, the number of people experiencing homelessness in the United States was estimated at over 564,000, with twenty-one percent (21%) of such persons located in the State of California; and WHEREAS, according to data provided by the Federal Department of Housing and Urban Development, California is home to four of the nation’s top ten major metropolitan areas with the largest number of persons experiencing homelessness; and WHEREAS, Orange County is experiencing similar conditions, with significant and increasing numbers of persons currently homeless/unsheltered in Orange County, living in areas not meant for human habitation such as public streets, public and private parking lots, abandoned buildings, vacant lots, and open space areas, public infrastructure facilities, beaches, and parks; and
WHEREAS, the City of San Clemente (“City”) has been working actively to develop short and long-term solutions to the homelessness problem, in conjunction with the County and other stakeholders, to pursue the provision of emergency shelter services and transitional and long-term housing opportunities to address the underlying causes of homelessness, including petitioning the County of Orange to provide shelter and services to this highly impacted segment of its population; and
WHEREAS, the City has contracted with various non-profit service organizations to provide outreach, counseling, and other services to the people in San Clemente experiencing homelessness; and
WHEREAS, the City’s climatic, topographical, circulation, seismic, geological, and wildland-urban interface conditions create an increased risk of fires; and WHEREAS, the California Department of Forestry and Fire Protection reports an average of 103 wildfires per year are ignited by illegal open fires, and several fire departments in California have responded to such fires at, or caused by activities at, unauthorized camping sites; and
99 Ordinance No. 1779 Page 2
WHEREAS, based on the above and other related findings, on February 20, 2018, the City Council adopted Ordinance No. 1650 to amend the San Clemente Municipal Code (“SCMC”) to add chapter 8.86, Camping, which prohibits camping upon public property, private open space, and fire risk areas; and
WHEREAS, on September 4, 2018, the United States Court of Appeals, Ninth Circuit, issued a decision in Martin v. City of Boise, 902 F.3d 1031 (9th Cir. 2018) (“Martin”), which restricted the enforceability of anti-camping ordinances under certain circumstances; and
WHEREAS, in light of the Martin decision, on March 19, 2019, the City adopted an ordinance adding Section 8.86.040 to the SCMC providing that “[a]bsent exigent circumstances relating to immediate threats to the public health, safety, or welfare, the provisions of this chapter will not be enforced against indigent homeless persons sitting, lying, or sleeping on public property when no alternative shelter is available in accordance with the holding in Martin v. City of Boise (9th Cir. 2018) 902 F.3d 1031”; and WHEREAS, the Court in the above-referenced federal case held that under Martin, San Clemente “has no affirmative constitutional obligation to provide shelter to individuals experiencing homelessness” and that Martin “in no way dictate[s] to [cities] that [they] must provide sufficient shelter for the homeless, or allow anyone who wishes to sit, lie, or sleep on the streets ... at any time and at any place;” and WHEREAS, SCMC section 8.86.040, in line with Martin, currently bars enforcement of the Code’s public camping prohibition where individuals lack alternative shelter, except where, upon a finding of exigent circumstances, the City makes certain City property available for transitional camping for persons suffering the effects of homelessness (hereinafter “transitional camping”); and
WHEREAS, given the high cost ($30,000 monthly) and small number of individuals regularly camping at the Avenida Pico transitional camp, the City Council adopted Urgency Ordinance No. 1682 (on December 10, 2019) and Standard Ordinance No.1689 (on January 21, 2020) which, among other things, repealed ordinance Nos. 1673, 1674, and 1675 and closed the Avenida Pico transitional campground; and WHEREAS, upon closing the Avenida Pico transitional campground, the City has continued to assist individuals experiencing the effects of homelessness in the City by (1) providing counseling and facilitating transportation for said individuals to travel to the homes of friends, family, charitable, or other providers, (2) distributing hotel vouchers where appropriate; (3) facilitating use of publicly operated campgrounds designated for that purpose, and, (4) identifying a long-term transitional campsite, subject to appropriate general plan and zoning compliance and environmental review; and WHEREAS, consistent with Martin and SCMC section 8.86.040, following the adoption of Urgency Ordinance No. 1682 and Standard Ordinance No. 1689, the City has enforced the public camping prohibitions of Chapter 8.86.040 only by providing or 100
Ordinance No. 1779 Page 3
confirming that persons violating those prohibitions have available: (1) transportation to and housing provided by friends, family, charitable, or other providers, (2) shelter in the form of hotel vouchers, and/or (3) paid access to a publicly owned campground; and WHEREAS, in circumstances where Martin, coupled with the City’s potential inability to facilitate or provide housing or shelter, the City was compelled to allow public camping, Urgency Ordinance No. 1682 and Standard Ordinance No. 1689 amended section 8.86.040 to provide that tents may be erected only between the hours of 5 p.m. and 10:00 a.m.; and
WHEREAS, Urgency Ordinance No. 1682 and Standard Ordinance No. 1689, the recitals of which are incorporated by reference into this ordinance as though fully set forth here, added the foregoing provision to SCMC section 8.86.040, based on the City’s experience in operating the Pico transitional camp, which demonstrated that tents could only be erected between the hours of 5:00 p.m. and 10:00 a.m. in order to protect the safety of the camp’s occupants. Structures with enclosed coverings constitute a danger to public safety in part because they prevent Orange County Sheriff's Department officers and other public safety personnel from observing all areas and activities on the site, including illegal activities inside the enclosed structured (e.g., alcohol consumption, weapons violations, or drug use); and
WHEREAS, certain lean-to’s, huts, and other shelters not constituting “tents” present the same public health and safety risks as tents; and WHEREAS, under SCMC, section 8.86.010, “camp facilities” include, but are not limited to, tents, huts, or other man-made or organic temporary structures; and WHEREAS, Ordinance No. 1722 (February 1, 2022), the recitals of which are incorporated by reference into this ordinance as if fully set forth herein, added the following Chapter to SCMC: Chapter 12.18, Public Storage of Personal Property in light of Martin; and
WHEREAS, Ordinance No. 1722 amended SCMC section 8.86.030, to read as follows, “8.86.030 - Camping Procedures, Removal and Recovery of Personal Property.

See Chapter 12.18 of this code;” and
WHEREAS, the City wishes to amend Title 8 and Title 12 of the San Clemente Municipal Code to conform to new law regarding sleeping, camping, and storing personal property in public parks and public places put forth by the Supreme Court of the United States in City of Grants Pass, Oregon v. Johnson, et al., 144 S.Ct. 2202 (2024) (“Grants Pass”); and
WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City to enact and enforce ordinances that regulate conditions that may be public nuisances or health hazards, or that promote social, economic, or aesthetic considerations; and 101
Ordinance No. 1779 Page 4
WHEREAS, this ordinance’s amendments to Title 8 and Title 12 benefit the public health and safety of the City’s residents as well as Orange County Sheriff’s Department officers and other public safety personnel, and conform Title 8 and Title 12 to Grants Pass; and,
WHEREAS, for the reasons enumerated above, the adoption of this ordinance is necessary for the preservation of public peace, health and safety and the preservation of greater health, welfare, and safety risks to people in San Clemente experiencing homelessness, the general public, and Orange County Sheriff’s Department officers and other public safety personnel.

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

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

Section 2: CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) because the Ordinance does not qualify as a “project” under CEQA and because the Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment. (State CEQA Guidelines, section 15060, subd. (c)(2), (3).) Section 15378 of the State CEQA Guidelines defines a project as the whole of an action, which could potentially result in either a direct physical change, or reasonably foreseeable indirect physical change, in the environment.

Here, the Ordinance will not result in any construction or development, and it will not have any effect that would physically change the environment. The Ordinance therefore does not qualify as a project subject to CEQA.

In the alternative, even if the Ordinance did qualify as a “project” under CEQA, it would be exempt from CEQA under State CEQA Guidelines, section 15061(b)(3), which exempts projects from CEQA “[w]here it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Thus, even if the Ordinance could result in some physical change in the environment, the Ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

Section 3. San Clemente Municipal Code section 8.86.040 is hereby deleted and replaced in its entirety to read as follows:

8.86.040 - Enforcement.

A. The City may enforce any violation of this chapter pursuant to Section

1.16.010 of this Code and any other means provided by law.

Section 4. San Clemente Municipal Code section 8.86.050 is hereby deleted in its entirety.
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Ordinance No. 1779 Page 5
Section 5. The definition of “abandoned personal property” in San Clemente Municipal Code section 12.18.020 is hereby amended as follows (new text in underline, deleted text in strike through):

12.18.020 – Definitions.
“Abandoned personal property” means unattended, but not stored, personal property that by its condition of damage, deterioration, disrepair, non-use, obsolescence, or location causes any reasonable person to conclude that the owner has permanently relinquished all right, title, claim and possession thereto.

In determining whether property is abandoned, enforcement personnel shall, erring on the side of caution, evaluate the facts and circumstances surrounding the item(s), including whether the personal property is unattended and lacks objective signs of abandonment. Examples of objective signs of abandonment include, but are not limited to, items located in gutters, placed adjacent to trash receptacles, an empty and/or broken tent sitting by itself on a sidewalk with no other belongings, or a bag of clothes that is open and strewn across a sidewalk. Notwithstanding the foregoing, personal property covered by Section 12.18.040 (B)(1) (property associated with camping) shall not be considered abandoned.

Section 6. San Clemente Municipal Code, subsection 12.18.040 is hereby amended as follows (new text in underline, deleted text in strike through):

12.18.040 – Removal, Storage, and Retrieval.

A. “Abandoned Personal Property. .....Enforcement personnel may remove and immediately discard any abandoned essential and non-essential personal property located on City property without complying with the preremoval notice, post-removal notice, storage, and retrieval requirements set forth in subsections (B)(34), (B)(45) and (B)(56) below. Notwithstanding the foregoing, any essential or non-essential personal property covered by subsection (B)(1) (property associated with camping) shall not be considered abandoned.

B. Stored Personal Property. .....Enforcement personnel may remove unattended stored essential and non-essential personal property on City property subject to the following procedures:

1. Property Associated with Camping. Absent exigent
circumstances relating to immediate threats to the public health, safety, or welfare and subject to subsection (B)(2) (critical use areas) below, all essential and non-essential personal property located within a 15 foot radius of any location where an unhoused individual is camping in accordance with Martin v. City of Boise (9th Cir. 2019) 920 F.3d 584 and Chapter 8.86 of the San Clemente Municipal Code shall not be considered abandoned and may be removed subject to the pre-removal notice, postremoval notice, storage, and retrieval requirements set forth in subsections (B)(4)(a), (B)(4)(b), (B)(5), and (B)(6) below. 103
Ordinance No. 1779 Page 6

1. 2. Critical Use Areas. Essential and non-essential personal property, including property covered by subsection (B)(1) (property associated with camping) above, that is blocking access to any critical use area and that cannot be moved aside may be removed subject to the post-removal notice, storage, and retrieval requirements set forth in subsections (B)(34)(b), (B)(45) and (B)(56) below. If personal property can be moved aside so as to not block access to the critical use area, then such property shall be removed in accordance with subsections (B)(1) (Property Associated with Camping) or (B)(23) (all other areas), as applicable.

2. 3. All Other Areas. Essential and non-essential personal property that is not covered by subsections (B)(1) (property associated with camping) or (B)(21) (Critical Use Areas) may be removed in accordance with the following:
a. Essential Personal Property. Essential personal property may be removed subject to the pre-removal notice, postremoval notice, storage, and retrieval requirements set forth in subsections (B)(34)(a), (B)(34)(b), (B)(45), and (B)(56) below.
b. Non-Essential Personal Property. Non-essential personal property may be removed subject to the post-removal
notice, storage, and retrieval requirements set forth in subsections (B)(34)(b), (B)(45), and (B)(56) below.

3. 4. Notice.
a. Pre-Removal Notice. In instances where pre-removal
notice is required, such notice shall:
i. Be posted no less than 24 hours prior to the
removal.
ii. Be posted at the site of the personal property.
iii. Include the date and time by which the personal
property must be moved.
iv. Explain that the City will remove and impound the
personal property if it is not moved from City
property.
b. Post-Removal Notice. In instances where post-removal notice is required, such notice shall:
i. Be posted immediately after the removal of
personal property.
ii. Be posted at the site from which the personal
property was removed.
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Ordinance No. 1779 Page 7
iii. Detail the procedures for retrieving the personal
property.

4. 5. Storage.
a. Manner and Timing. In instances where storage is
required, the City or Sheriff shall store removed personal property for 90 days from the date of removal.
b. Location. The removed personal property shall be stored at a location or locations in the City that reasonably
facilitate retrieval.
c. Records. The City or Sheriff shall keep written records, maintained for at least 90 days following removal, of any personal property stored. The records shall include the date that the personal property was removed, the location from which the personal property was removed, and a
general description of the personal property.

5. 6. Retrieval. During business hours, the City or Sheriff shall promptly assist any person seeking to retrieve property stored pursuant to subsection (B)(45) above.

6. 7. Exceptions. The notice, storage, and retrieval regulations set forth in subsections (B)(34), (B)(45), and (B)(56) above shall not apply to the following:
a. Items that present a health and safety risk if stored, such as items soiled by bodily fluids, items that are moldy, items infested by insects or vermin, and perishable food. Such items need not be stored and may be discarded.
b. Items that constitute evidence of a crime or contraband, which may be seized and discarded as permitted by law.

Section 7. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code section 36933.

Section 8. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance.

The City Council of the City of San Clemente hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
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Ordinance No. 1779 Page 8
Section 9. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

APPROVED AND ADOPTED this _____day of _________________, ________.

ATTEST:
_______________________________
City Clerk of the City of
San Clemente
___________________________
Mayor of the City of
San Clemente, California
106
Ordinance No. 1779 Page 9

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. 1779 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 _____________, 2024, 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 ______________________, 2024. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to Form:
____________________________
Elizabeth A. Mitchell, City Attorney
107
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: August 20, 2024 Agenda Item: 10D.

Submitted By: Finance and Administrative Services
Prepared By: Brian Brower, Administrative Services Director Johanne Thordahl, Human Resources Manager
Jake Rahn, Finance Manager
Subject:
..titl e
CONSIDERATION OF A RESOLUTION APPROVING AND ADOPTING THE 2024-2028

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN CLEMENTE AND THE

SAN CLEMENTE CITY EMPLOYEES ASSOCIATION FOR FULL-TIME BENEFITED

EMPLOYEES AND ADOPTION OF REVISED CITY OF SAN CLEMENTE EMPLOYEE SALARY SCHEDULE ..body
Fiscal Impact:

Funding for the proposed increase to salaries and benefits for Years 1 and 2 is included in the Fiscal Year 2024-25 and 2025-26 Budget. Increases in Years 3 and 4 will be funded through the regular budget process in future years.
 The Year 1 estimated cost increase, including salary, medical benefits, and standby pay, is $1,027,000 for all funds, of which approximately $670,000 will be from the General Fund.  The Year 2 estimated increase is $918,000 for all funds, of which approximately $594,000 will be from the General Fund.
 The Year 3 estimated increase is $945,000 for all funds, of which approximately $611,000 will be from the General Fund.
 The Year 4 estimated increase is $923,000 for all funds, of which approximately $592,000 will be from the General Fund.

Summary:

The proposed Memorandum of Understanding (MOU) would establish a new term through June 30, 2028. Salaries increase in each year of the four-year agreement and City contributions to health insurance change from a flat rate to a percentage based on the average cost of medical plan rates. Modifications to nine existing provisions include expansion of the on-call “standby” program, an increase to the compensatory time accrual maximums, and an increase to the annual vacation cash out allowance. The proposed MOU also adds two new provisions to formalize the practice for shift trades and expand the existing list of designated flexibly staffed classifications.
108
Meeting Date: August 20, 2024 Agenda Item: 10D.

CITY OF SAN CLEMENTE 2
Discussion:

For the past several months, the City has been in negotiations with the San Clemente City Employees Association (SCCEA). The first meeting took place on March 13, 2024 and a tentative agreement was reached on July 30, 2024.

The attached proposed MOU represents a four-year agreement between the City and SCCEA from July 1, 2024 through June 30, 2028. It is provided in redline format to show the changes from the previous MOU, which are also summarized below:
 Term – Four-year term from July 1, 2024 through June 30, 2028.  Wages
o Year 1 - 3.5% salary increase effective the first full pay period following City Council approval of the MOU.
o Year 2 - 3.0% salary increase effective the first full pay period in July 2025. o Year 3 - 3.0% salary increase effective the first full pay period in July 2026. o Year 4 - 2.5% salary increase effective the first full pay period in July 2027.  Additional Steps – Addition of two (2) steps to the salary schedule in Year 4, each consisting of a 2.5% increase to base salaries. Advancement to both requires completion of two years of satisfactory performance at the prior step.
 Group Medical, Dental, and Vision – Monthly City contribution amount based on 85% of the average of health plans CalPERS makes available to the City, at the appropriate level of coverage selected by the employee.
 Life Insurance - Align life insurance benefit for full-time Marine Safety staff with other full-time City employees.
 Standby Compensation – Adds new eligible divisions, moves Maintenance to the Utilities rate, and increases rates by $5 in Year 3 of the agreement.
 Provision of Uniforms/Equipment Reimbursement/Footwear – Increase reimbursable amount for work boots by $50 and provide up to $300 per year to full time Marine Safety employees for required safety equipment.
 Compensatory Time – Maximum accrual increases from 40 hours to 80 hours and annual carryover increases from 18 hours to 40 hours.
 Vacation Accrual – Increase annual vacation cash out allowance from 60 hours to 80 hours.  Holidays – Employees who work on a holiday receive holiday pay as opposed to taking a different day off within the preceding or following pay periods.  Work Schedules – Updated language of existing provision to include 14-day notice for shift changes when practicable.
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Meeting Date: August 20, 2024 Agenda Item: 10D.

CITY OF SAN CLEMENTE 3
 Shift Differential – Updated language of existing provision to clarify eligibility for the differential pay.
 Emergency Call Back Pay – Updated language of existing provision to clarify entitlement to pay in 15-minute increments after the first half hour.

The additions to the proposed MOU consist of the following new Articles:
 Shift Trades – New provision to formalize practice of trading shifts in compliance with the Fair Labor Standard Act (FLSA).
 Flexible Staffing – New provision updates and expands designated classifications eligible for non-competitive promotion within existing provisions of the Personnel Rules.

On Wednesday, August 14, 2024, SCCEA held ratification meetings and a majority of their membership voted in support of the proposed MOU containing the negotiated provisions.

The attached resolutions approve, adopt, and authorize the Mayor to execute the proposed MOU and revised salary schedule. The resolutions also apply the same terms included within the proposed MOU and salary schedule to the Executive, Mid-Manager, and Confidential employee groups, where applicable.

The Ralph M. Brown Act (specifically Government Code section 54953(c)(3)) requires that before taking final action, an oral report summarizing the recommendation on the compensation to be paid to local agency executives be made during the open meeting. Government Code section 3511.1(d) defines “local agency executive” as certain persons employed by a local agency who meet any of the following requirements:
(1) The person is the chief executive officer, a deputy chief executive officer, or an assistant chief executive officer of the local agency.
(2) The person is the head of a department of a local agency. (3) The person’s position within the local agency is held by an employment contract between the local agency and that person.

Council Options:
 Adopt the Resolutions, approving and adopting the 2024-2028 MOU and revised salary schedule effective September 2, 2024 and authorizing the Mayor to execute the MOU.  Modify and adopt the Resolutions.
 Continue the item with direction given to staff.
 Deny the Resolutions.

Environmental Review/Analysis:

Not a “project” under the California Environmental Quality Act. 110
Meeting Date: August 20, 2024 Agenda Item: 10D.

CITY OF SAN CLEMENTE 4
Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council:

1. Make an oral report summarizing the proposed final actions on the salaries, salary schedule and compensation paid in the form of fringe benefits to local agency executives, namely that, if adopted, Resolutions Nos. 24-127 and 24-128 would approve annual salary increases of

3.5%, 3%, 3%, and 2.5% over the four-year period beginning with FY 2024-25 and would provide for fringe benefits in the form of a monthly City contribution amount based on 85% of the average of health plans CalPERS makes available to the City, at the appropriate level of coverage selected by the employee, for all benefitted full time City employees, including the executive management team and the City Manager, as well as approving a revised salary schedule related thereto, all effective September 2, 2024; and

2. After making the oral report, adopt Resolution Nos. 24-127 and 24-128, approving and authorizing the Mayor to execute the 2024-2028 MOU and adopting a revised salary schedule. ..end
Attachments:

1. Resolution No. 24-127 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING, ADOPTING, AND AUTHORIZING THE MAYOR TO EXECUTE THE 2024-2028 MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF SAN CLEMENTE AND THE SAN CLEMENTE CITY EMPLOYEES

ASSOCIATION FOR THE CITY OF SAN CLEMENTE FULL-TIME BENEFITED EMPLOYEES AND APPROVING THE SAME LEVEL OF SALARY INCREASES AND BENEFITS FOR NONREPRESENTED EXECUTIVE, MID-MANAGER, AND CONFIDENTIAL EMPLOYEE GROUPS

2. Redline 2024-2028 Memorandum of Understanding between the City of San Clemente and the San Clemente City Employees Association

3. Resolution No. 24-128 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ADOPTING A REVISED SALARY SCHEDULE WHICH

INCLUDES IMPLEMENTATION OF EXECUTIVE LEVEL SALARY INCREASES AND AMENDING RESOLUTION NO. 24-94 AND ANY OTHER RESOLUTIONS IN CONFLICT

THEREWITH
- Exhibit A to Resolution No. 24-128 - Revised Salary Schedule for Benefited Positions effective September 2, 2024.

Notification:

San Clemente City Employees Association
111
ATTACHMENT 1
RESOLUTION NO. 24-127

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, APPROVING,

ADOPTING, AND AUTHORIZING THE MAYOR TO
EXECUTE THE 2024-2028 MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF SAN

CLEMENTE AND THE SAN CLEMENTE CITY

EMPLOYEES ASSOCIATION FOR THE CITY OF SAN

CLEMENTE FULL-TIME BENEFITED EMPLOYEES AND

APPROVING THE SAME LEVEL OF SALARY
INCREASES AND BENEFITS FOR NONREPRESENTED EXECUTIVE, MID-MANAGER, AND

CONFIDENTIAL EMPLOYEE GROUPS
WHEREAS, the City of San Clemente (“City”) has, and continues to, recognize the San Clemente City Employees Association (“Association”) as the sole exclusive employee organization for the City of San Clemente represented full-time benefited employees, for all matters concerning wages, hours and working conditions; and WHEREAS, the current Memorandum of Understanding (MOU) between the City and the Association, effective November 2, 2021 to June 30, 2024, has expired; and WHEREAS, the City of San Clemente (“City”), through its designated representatives, and the San Clemente City Employees Association (“Association”) have successfully met and conferred in good faith on wages, hours and other terms and conditions of employment for the City of San Clemente full-time benefited employees represented by the Association; and
WHEREAS, the proposal of modification of provisions and addition of new provisions outlined in 2024-2028 MOU were provided on August 9, 2024 by the City of San Clemente designated representative to the Association’s negotiation team and were ratified by a majority vote of their membership on Wednesday, August 14, 2024; and WHEREAS, in accordance with Government Code section 54953(c)(1), on August 20, 2024, during its regular open meeting and prior to taking final action, the City Council orally reported a summary of the recommendation for a final action on the salaries, salary schedules and compensation to be paid in the form of fringe benefits to local agency executives.

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

Section 1. The foregoing recitals are true and correct and incorporated fully herein.

Section 2. The City Council of the City of San Clemente does hereby accept, approve, adopt, and authorize the Mayor to execute the 2024-2028 MOU between the City 112
Resolution No. 24-127 Page 2
of San Clemente and San Clemente City Employees Association for full-time benefited City of San Clemente employees in a form substantially similar to that presented to the City Council on August 20, 2024.

Section 3. The City Council of the City of San Clemente does hereby approve the same level of salary increases and benefits for non-represented Executive, Mid-Manager, and Confidential employee groups.

Section 4. City staff is authorized and directed to take such other and further actions and execute such additional documents as may be necessary and proper to carry out the purposes of this resolution.

Section 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into 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
113
Resolution No. 24-127 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-127 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
114
Attachment 2
IFO
Memorandum of Understanding
Between
The City of San Clemente
And
The San Clemente City Employees Association
November 2July 1, 20242021 - June 30, 20282024
1 115

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF SAN CLEMENTE
AND

THE SAN CLEMENTE CITY EMPLOYEES' ASSOCIATION
Attachment 2
This Memorandum of Understanding constitutes the results of meeting and conferring in good faith pursuant to the provision of Chapter 10, Division 4, Title 1 of the Government Code of the State of California.

Modifications to existing wages, hours and other terms and conditions of employment set forth below have been agreed to by the signatories to this Memorandum for all City of San Clemente full-time benefitted employees represented by the San Clemente City Employees' Association hereinafter called "Association." This Memorandum of Understanding shall remain in full force and effect for the pe1iod commencing November 2, 2021July 1, 2024 through June 30, �2028. Upon approval by the City Council of the City of San Clemente and ratification by the members of the Association, the parties agree as follows:

Article I- Wages:

Effective the first pay date in December 2021 full pay period following City Council ratification, the �three
City shall increase the base salary of all City classifications represented by the Association by and one-half percent (3.5%). Additionally, a one time non pensionable payment of $2,500 will be made.

Effective the first full pay-period in July �2025, the City shall increase the base salary of all City classifications represented by the Association by �three percent (3%). Additionally, a one time non pensionable payment of $2,750 will be made.

Effective the first full pay-period in July 20262-@, the City shall increase the base salary of all City classifications represented by the Association by �three percent (3%).

Effective the first full pay period in July 2027, the City shall increase the base salary of all City classifications represented by the Association by two and one-half percent (2.5%).

Effective the first full pay-period in July 2027, the City shall add two additional steps to the salary schedule (i.e., Step F and Step G), each consisting of a 2.5% increase to base salary.

Advancement to either Step F or Step G requires completion of two years of satisfactory service at the prior step. Following implementation of Step F and Step G in July 2027, employees with two years of satisfactory service at Step E are eligible for advancement to Step F on their salary anniversary date.

Article II - Overtime Compensation: For purposes of computing overtime, paid time off due to sick leave, vacation, compensatory time, or holiday pay shall be considered as hours worked, except when an employee is out on sick leave for more than two full days during any work week. An employee out 2 116
Attachment 2
on sick leave for more than the two full days shall not have his/her sick leave hours count towards the hours worked for purposes of calculating ovetiime.

Article III - Compensatory Time: At any one time employees may accumulate up to 4-G-eighty (80) hours of compensato1y time. Any ove1iime after the 4-G-eighty (80) hours will be paid at the regular overtime rate.

All Compensatory Time accrued and not used shall be paid out to the employee on the second payroll check in June of each year. This provision shall not apply to Compensatory Time earned prior to July 1, 2006.

Each year, rather than having all Compensatory Time paid out, an employee may elect to keep up to eighteen ( 18)forty ( 40) hours of Compensatmy Time "on the books" for use during the next fiscal year. An employee must request this option no later than the date identified on a form provided by the Human Resources Office.

Article rv - Standby Compensation: Standby duty requires the employee so assigned to be reachable by City cell phone and to be on-scene within the prescribed time.

If an employee is on sick leave for any portion of Standby, except for a doctor's appointment for a spouse or dependent or for an employee's routine doctor, dentist or optometrist exam or appointment, the employee will not receive Standby pay and will not be eligible to respond to any call for service. It is the responsibility of the supervisor to find a replacement staff member to serve the Standby period if an employee calls in or has to leave work because of illness. Under such circumstances and after exhausting all options, a supervisor may, at his or her sole discretion, require any other qualified employee to fill the emergency Standby shift.

Work Units Covered:

Public Works Maintenance Division
Public Works Utilities Division
Information Technology Division
Code Compliance Division
In addition to the above-identified work units, any other work unit may be eligible for Standby compensation pursuant to this Aiiicle at the City Manager's sole discretion.

Assignment: Assignment time-periods are at the sole discretion of the supervisor or manager and may change as long as written notice is provided to the affected group fourteen (14) calendar days before the effective date of the change. A change in any time-period is appealable and cannot be grieved. Current Standby assignments are as follows:

Maintenance Division
Utilities Division
All Work Units
1 or 2 week rotation
1 or 2 week rotation
1 or 2 week rotation
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Attachment 2
Standby personnel are required to document both the time the callout was received and the time they arrive to the reported location. If an employee on Standby is unable to respond to the repo1ied location within forty-five (45) minutes from the time they received the callout, they must document both the time they arrived on-site and the time they notified a management class supervisor of the delay.

Cell Phone: Any employee on Standby will be issued an agency-provided on-call phone for use during the Standby assignment. It is the responsibility of the employee to ensure the phone is operational.

Response Time: Any employee on Standby must be on-scene within f01iy-five (45) minutes of acknowledging the initial call. Being on-scene is defined as being in the required agency vehicle if applicable, with all of the standard tools and equipment onboard (a list of standard tools and equipment shall be provided by a supervisor or manager), properly dressed in the agency uniform, and at the location of the incident being responded to. On a case-by-case basis, the Depaiiment Head in his or her sole discretion may afford additional response time for a particular employee or group of employees. Such approval must be in w1iting and provided to the Human Resources Department.

It is the responsibility of the Standby employee to check the agency Standby vehicle prior to taking it home to ensure all of the standard tools and equipment on the provided list are in or on the vehicle and properly stored.

An employee who is unable to be on-scene within the prescribed time must contact the immediate management class supervisor (with the agency providing the list of contact numbers) no less than fifteen (15) minutes before the forty-five ( 45) minute mark to explain what has caused or is causing the delay. If an unknown circumstance arises that occurs after the fifteen (15) minute window, the employee shall immediately notify the supervisor of the cause for the delay.

EXCEPTIONS:

Utility Water Customer Service and System Repair Crew can troubleshoot remotely for up to fifteen (15) minutes. If the problem cannot be resolved remotely in 15 minutes from the initial callout, an employee on Standby is expected to respond to the reported location immediately. The employee may elect to not troubleshoot and respond immediately.

Utility Water Systems Operations Crew can troubleshoot remotely for up to fifteen (15) minutes.

If the problem cannot be resolved in fifteen (15) minutes from the initial callout, an employee on Standby is expected to respond to the reported location immediately. The employee may elect to not troubleshoot and respond immediately.

Operational system changes not related to failures are not considered "callouts" and can be resolved using the SCADA laptops remotely. Accordingly, these tasks may extend beyond the fifteen (15) minute troubleshooting timeframe. As such, the time accrued to resolve these operational system changes will be reflected in fifteen (15) minutes increments on the applicable timesheet. The employee may elect to not troubleshoot and respond immediately. 4 118
Attachment 2
All callouts related to high/low reservoir levels, intrusion alanns, power outages, water quality concerns and earthquakes require immediate response to the reported location. In these instances, the employee may not elect to troubleshoot and must respond immediately.

For all instances requiring on-site response, Standby personnel are expected to be at the reported location within forty-five ( 45) minutes of the time the callout was received.

Utility Electricians, when a call is received from other standby personnel, the Electrical Standby person shall answer the call and determine if the problem can be solved with the use of the SCAD A laptop first. If the call requires the electrical standby person to drive to the site where the issue has occurred, the electrician on standby shall respond to the site within forty-five ( 45) minutes of the time the callout was received.

Utility WRP Operations Crew can troubleshoot remotely for up to fifteen (15) minutes. If the problem cannot be resolved in the fifteen (15) minutes from the initial callout, an employee on standby is expected to respond to the reported location immediately. Standby personnel are expected to be at the WRP within forty-five ( 45) minutes of the time the callout was received. The employee may elect to not troubleshoot and respond immediately.

Use of Agency Automobile: Unless authorized otherwise in writing by a supervisor or manager, an employee must take an agency automobile home while on Standby. The employee may use the automobile for personal use if no other personal automobile is available for use by the employee.

The agency automobile may only be used to attend a personal activity or event that would allow the employee to respond on-scene within the prescribed time as noted above. In no event shall the employee transport anyone else in the agency automobile. Conditions of Standby policy supersedes any other policy regarding the use of an agency automobile for personal use.

The following Utilities Divisions are required to take home a City vehicle for standby:
• Water - Customer Service and System Repair Crew
• Mechanical Maintenance Crew
The following Utilities Divisions are not required (it is optional) to take home a City vehicle for standby:
• Water - System Operations Crew
• Electricians
• Collections
• WRP Operations Crew
The Maintenance Divisions are not required (it is optional) to take home a City vehicle for standby.

Staffing: As long as a sufficient number of employees remain on Standby, as determined by management, no employee will be required to participate in the Standby program. If there are not a 5 119
Attachment 2
sufficient number of Standby personnel who volunteer to be placed on Standby, management, at its sole discretion, can require employees to be placed on the Standby rotation.

Compensation: The compensation will begin the first full pay-period of September 2015following City Council ratification. Employees on Standby shall receive compensation as follows:

Maintenance Divisionlnf01mation Technology Division/Code Compliance Division/Additional Work Units as Determined by City Manager:
$35 weekdays (M-F) and $60 per day for Saturdays, Sundays and city-recognized holidays Maintenance Division/Utilities Division
$45 weekdays (M-F) and $75 per day for Saturdays, Sundays and city-recognized holidays Effective the first pay period in July 2026, employees on Standby shall receive compensation as follows:

Infonnation Technology Division/Code Compliance Division/Additional Work Units as Detennined by City Manager:
$40 weekdays (M-F) and $65 per day for Saturdays, Sundays and city-recognized holidays Maintenance Division/Utilities Division:
$50 weekdays (M-F) and $80 per day for Saturdays, Sundays and city-recognized holidays An employee on Standby on his/her "dark Friday" will not be expected to respond to a call until after the end of the regular shift for the work unit's personnel that day. The starting time of the Standby shift for these days will be posted by management.

Trades or Replacement for Standby Assignment: Any employee who wishes to trade· or seek a replacement for an assigned Standby assignment must obtain written acceptance of the assignment from the employee filling in for the shift. It is the responsibility of the employee originally assigned the Standby to provide the supervisor or manager with the written acceptance of the trade from the other employee prior to the Standby period beginning. The notification must include the date or dates that have been traded or taken. The forwarding of an email or text message to the supervisor or manager is sufficient to document the acceptance of a change, and the supervisor or manager shall acknowledge receipt of the communication via a written response (e.g., "OK", "Got it", etc.) If the employee on Standby has an emergency and cannot fulfill their Standby responsibilities, it is the employee's responsibility to notify their management class supervisor immediately by phone or email, so that adequate coverage can be maintained. The employee will not receive Standby pay and depending on the circumstances, may be required to submit justification/documentation of said emergency.

Disciplinary Action: Based on individual circumstances, failure to comply with one or more of the provisions noted above or any Personnel Rule or other policy or procedure of the agency may lead to discipline, up to and including discharge.
6 120
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Article V - Court Standby: During off-duty status, employees on standby for court appearance resulting from a subpoena relating to work shall be paid $10/day. If called to court while on off-duty standby, employee will be paid time and one-half from the time the employee leaves his/her residence to travel to comt appearance until returning to his/her residence following comt appearance. Employee will request standby status.

Article VI - Shift Differential: When an employee is required to work a different work schedule of hours or days (i.e., weekends) that is different than the regular work schedule for employees of the same positionwork schedule than that which is nonnal to other employees of a particular depmtment, he/she shall receive a premium of 5% of his/her regular hourly rate of pay for the irregular shifts worked upon approval of the supervising Department Head and City Manager.

Article VII - Emergency Call Back: The City will provide a minimum of two hours pay for an emergency call back if authorized by the department head or other supervisor, provided that no more than one minimum shall be paid for call backs during any two hour period from the time the employee leaves his/her residence. Employees not on stand by that are contacted by telephonerequired to work remotely for less than one-half(½) hour will receive one-half(½) hour of pay. All remote work beyond one half(½) hour will be tracked and paid in 15 minute increments.

Article VIII- Fatigue Pay-Rest Period: Any employee who has worked sixteen (16) consecutive hours or more during a twenty-four (24) hour period at the direction of a supervisor or manager shall be provided with eight (8) consecutive hours of non-work time (rest period) before being compelled to commence a regularly scheduled shift or to commence other duties on behalf of the City.

If the eight (8) hour rest period runs concurrent or extends into the employee's next regularly scheduled work shift, the employee shall not suffer loss of pay or accrued time for the designated rest period. The eight (8) hours shall be considered compensable hours worked.

As is practical, employees who have earned a rest period shall be relieved at the start of their regular work shift in order to take such rest period or at a point in the scheduled shift that allows for the end of the rest period and end of the shift to coincide.

Should the rest period overlap the employee's normal shift time, and there are less than four (4) remaining hours left in the normal workday, employees have the option to utilize their own accrued time for the remaining hours or to coordinate use of "flex time" with the approval of the supervisor or manager.

Hotel voucher program -an employee may be provided with a hotel voucher in order to use the full rest period when their residence is more than 45 miles from the City or at the discretion of the supervisor or manager before being compelled to commence a regularly scheduled shift or to commence other duties on behalf of the City.

It shall be the supervisor's responsibility to ensure his/her employees are provided rest periods in accordance with the fatigue pay provisions.
7 121
Attachment 2
The parties agree that, within three (3) months following City Council ratification of this Agreement, meet and confer will commence to continue discussion of potential amendments to this Article.

Atiicle IX - Job Related Injury Leave: Any employee represented by the Association who is absent from duty because of an injury sustained in the course of employment with the City, shall receive full compensation for a period of sixty (60) calendar days or three-hundred-f01iy-seven (347) hours from the date of injury or the term of the employee's absence due to industrial disability, whichever is less.

This time must be consecutive and no portion carries over after sixty (60) calendar days from the original date of injury. Notwithstanding the above, employees represented by the Association shall not be entitled to salary continuance for the first three days, or twenty-four (24) work hours, of such industrial disability in accordance with the State of California Labor Code, Section 4650 unless the period of disability is in excess of 14 calendar days. However, employees represented by the Association may use accumulated vacation, compensatory or sick leave to provide full salary continuance for the first three day period at their option. Temporary disability payments will be supplemented by City salary payments, minus income from other employment of the employee.

Article X - Group Medical, Dental Vision and Life Insurance: The City shall offer a health insurance plan, including medical, dental, optical, and life insurance coverage for employees represented by the Association as specified below. The City shall offer all employees represented by the Association the group health insurance plan provided for by the California Public Employees' Retirement System (CalPERS) medical plan and a separate vision plan. These plans will cover the medical and vision components whereas Delta Dental will continue to be the provider for the dental coverage with maximum benefits per calendar year of $2,000 per person for the PPO dental plan.

The City offers a cafeteria plan to employees. Effective January 1, 2025, the monthly City contribution amount for health and dental coverage shall be an amount equal to 85% of the average (mean) of all health plans CalPERS makes available to the City, excluding both the highest and lowest plans, at the appropriate level of coverage selected by the employee ( employee, employee+ 1, or employee + family).

The City offers a cafeteria plan to employees, based on the following monthly City contribution amount:

Employee Only $659.23 per month
Beginning the first full pay period in January 2022, the Employee Only amount shall increase by $22.00, or $681.23 per month.

Beginning the first full pay period in January 2023, the Employee Only amount shall increase by $20.00, or $701.23 per month.

Beginning the first full pay period in January 2024, the Employee Only amount shall increase by $20.00, or $721.23 per month.

Employee+ One Dependent $1,238.43 per month
Beginning the first full pay period in January 2022, the Employee + 1 amount shall increase by $4 4 .00, or $1,282.43 per month.
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Begimung the first full pay period in January 2023, the Employee+- 1 amount shall increase by $30.00, or $1,312.43 per month.

Beginning the first full pay period in Jan-uarj 2024, the Employee+- 1 amount shall increase by $30.00, or $1,342.43 per month.

Employee +-Family $1,633.13 per month
Beginning the first full pay period in January 2022, the Employee +- Family amount shall increase by $66.00, or $1,699.13 per month.

Beginning the first full pay period in January 2023, the Employee +- Family amount shall increase by $40.00, or $1,739.13 per month.

Beginning the first full pay period in January 2024, the Employee +- Family amount shall increase by $40.00, or $1,779.13 per month.

Enrollment in the vision plan is mandatory and is covered by the City, and the cafeteria amount pertains only to medical and dental coverage.

The above amounts are inclusive of the CalPERS statutory minimum. The City provides all employees and retirees (see Article XII below) the CalPERS statutory minimum towards the provision of medical insurance benefits. For employees, the City provides the difference-between the CalPERS statutory minimum and the above amounts in cafeteria plan benefitscoverage selected by the employee.

The balance of any monthly contributions necessary to maintain the selected plan shall be paid by the employee through payroll deductions from his/her paycheck. Employees can opt out of the medical insurance plan as long as the employee can show proof of insurance. The employee must continue in the employee-only vision plans and will receive $300.00 per month in ordinary income in lieu of medical insurance coverage. The City's cafeteria contiibution towards health insurance is capped as shown above and will not be modified. The opt out amount for medical ,vill be $300.00 per month as ordinary income.

In-lieu of the above paragraph, for those employees who are married or whose eligible dependent(s) are also employees and where each employee is employed by the City, and both would nonnally receive health benefits, they shall receive health insurance coverage as follows:

They must be enrolled in either Employee + 1 or Employee + Family (1 must opt out, and the employee doing so shall receive $175.00 per month as opt-out ordinary income). The opt-out amount for medical will be $17 5. 00 per month as ordinary income.

Employees who opt-out of medical only, are enrolled in the Employee Only plans for dental and vision, which is paid for by the City. Employees may also opt-out of the City's dental plan. An employee that opts-out of both the medical and dental plan shall receive the Employee Only amount under the City's Delta Care HMO plan in addition to the medical opt-out amount, and is only eligible for the Employee Only vision plan. If an employee opts-out of just the dental plan, then the employee 9 123
Attachment 2
receives any remaining cafeteria plan dollars after the medical premiums are deducted for the tier of coverage elected.

Life Insurance: As part of its insurance program, the City agrees to provide the ten thousand dollar ($10,000) group life insurance policy for each full time employee in the Safety Retirement Program, and to provide tenn life insurance coverage equal to two times the employee's annual base salary up to a maximum of one-hundred thousand dollars ($100,000) for each full-time employee in the non-safety pension program. Safety employees' Life Insurance benefit increase will be implemented as soon as practicable following ratification by City Council.

It is expressly understood that every employee must subscribe to one of the plans provided by the City and that benefits will be governed by the policies between the City and the contracting insurance companies. The failure of any insurance carrier to provide any benefit for which it has contracted shall result in no liability to the City or the Association, nor shall such failure be considered a breach by the City or Association of any obligation undertaken under this or any other agreement. However, nothing in this agreement shall be construed to relieve any insurance carrier of any liability to the City, Association, employee, or beneficiary of any employee. The tenns of any contract or policy issued by an insurance carrier shall be controlling in all matters pertaining to benefits thereunder. The City will designate representatives who will be available for consultation with employees so that an explanation may be given with respect to the basis for disposition of claims so that claimants may be assisted by the City in receiving all benefits to which they are entitled under the tenns and conditions of any contract or policy issued by the carrier.

Article XI - Medical Plan for Layoffs: If an employee is laid off from his/her position, the City will pay in full the monthly contribution toward the medical plan for the employee and his/her dependents under the following conditions:

The City shall pay the monthly contribution for a period not greater than six (6) months from the date oflayoff. The laid-off employee must be receiving unemployment insurance benefits, or submit to the City a monthly statement attesting to his/her continuing unemployment.

If the laid-off employee becomes employed, the City's contribution shall cease immediately and there will be no further contributions made by the City.

Article XII - Medical Plan for Retirees: The City agrees to allow employees who retire from positions represented by the Association to participate in the existing City health plans available to employees represented by the Association. The retiree shall be eligible to enroll dependents as provided for by the plans. Except for the medical coverage, to qualify for this provision, the retiree must have a minimum of ten years of continuous service as a full-time City employee and be eligible for retirement as defined by the City of San Clemente Employees' Retirement Plan or the California Public Employers' Retirement System (CalPERS), whichever is applicable, and be receiving a pension from same. The retired employee shall pay 100% of the premium costs in a timely manner except for the CalPERS mandated employer costs. Failure to pay such costs within thirty (30) calendar days of being billed shall tenninate the benefit and all rights under this Article. For purposes of this article, the 30 days begins the day following the date the bill was placed in the US Postal Service by First Class mail.

Retirees will be eligible to enroll in the CalPERS Health Plan. The City will follow the eligibility 124
Attachment 2
requirements established by the City's pension plan for retired employees that are enrolled in the CalPERS Health Plan. In the event the City is no longer enrolled in the CalPERS Health Plan; the provisions prior to April 1, 1997 shall apply. The City also agrees, as per City policy, that retirees can use their sick leave payoff to pay for dental and/or vision insurance premiums.

Article XIII - Retirement: City employees currently participate in the California Public Employees' Retirement System (CalPERS) Miscellaneous 2% @ 55 benefit formula for Classic members represented by SCCEA. City Employees considered ''New" under the Public Employee Pension Reform Act of 2012 ("PEPRA New") participate in the CalPERS Miscellaneous 2% @ 62 benefit formula. CalPERS governs all administrative functions associated with the retirement plans. The City's plan that covers Classic members has a retirement benefit calculated using the highest twelve (12) consecutive months, and the formula governing the PEPRA New members mandates a retirement benefit calculated using the highest thirty-six (36) consecutive months.

The City retirement plan for represented employees in the Safety Lifeguard retirement program shall be the CalPERS plan for the "3% at age 55" Modified Retirement Benefit Program (Government Code Section 21363.1) for those who qualify as Classic members. "PEPRA New" members covered under the Safety Lifeguard retirement program receive the 2.7%@ 57 benefit formula under CalPERS.

General Employees
The City will continue to pay the CalPERS employer contribution while employees continue to contribute 7.0%.

Represented employees considered PEPRA New members under the law shall pay the required employee contribution under the law.

Safety Employees
The City will continue to pay the CalPERS employer contribution while employees will continue to contribute 9.0%.

Represented employees considered PEPRA New members under the law shall pay the required employee contribution under the law.

Article XIV - Section 125 Flexible Spending Account: The City agrees to offer employees represented by the Association the opportunity to participate in a Section 125 Flexible Spending Account Program.

This agreement is contingent upon the continued availability of such programs under Internal Revenue Service regulations, the maintenance of a minimum number or required ration of participants required by the plan administrator and/or law, and continued employee interest in such programs. The City shall contract with an administrator or administrators, as deemed necessary by the City, to establish, monitor, and administer the programs according to regulatory requirements. The choice of administrators remains solely with the City. Participant requirements and responsibilities under this program will be as dictated by law or by the specific agreement(s) with any and all providers of services in relation to the program.
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Article XV - Bereavement Leave: Employees represented by the Association shall be entitled to up to five (5) work days with pay, to a maximum of forty (40) hours per incident to attend the funeral and/or tend to related activities associated with a funeral or memorial service of a member of the employee's immediate family or step family.

For purposes of this article only, immediate family or step family shall include grandmother, grandfather, mother, father, brother, sister, spouse, child, registered domestic partner, grandchild, father-in-law, and mother-in-law.

Up to nine (9) hours ofleave with pay may be granted on the basis of blood relationship or mani.age or registered domestic pmtners. For purposes of this article only, ''blood relationship or marriage or registered domestic pmtners" means aunt, uncle, cousin, grandparent, brother-in-law, sister-in-law, niece, and nephew.

Bereavement for other types of relationships may be approved by the City Manager on a case-by-case basis.

Article XVI - Short Term Disability Insurance: Employees represented by the Association will be enrolled in a Short Term Disability Insurance Program. The premium for the insurance shall be paid by the City. (As of July 1, 2006 employees are covered under State Disability Insurance.) Employees represented by the Association shall be entitled to combine accumulated sick leave, vacation leave and compensatory time with short tenn disability payments for the purpose of achieving the equivalent of their pre-disability salary to the extent allowed by law during any period of non-industrial disability. Under no circumstances shall the combination of sick leave, vacation leave, compensatory time and short term payments exceed the employee's pre-disability salary.

Article XVII - Long Term Disability Insurance: The City agrees to contribute the full premium toward each dues-paying Association member's premium for long term disability coverage. In order to receive this benefit, the member must be a current full-time City employee. The maximum rate or "cap" that the City will contribute for this benefit for the tenn of this Agreement shall be .690% of insured earnings and no further increases in City contribution will take effect unless otherwise agreed to between the City and the Association. It is agreed that the extent of the City's obligation under this article is limited solely to the payment of the cost of the insurance program provided thereunder and employees, dependents, and beneficiaries shall be entitled to benefits, if any, only in accordance with and governed by the terms and conditions of the insurance policies contracted for by the Association and issued to provide such benefits. Neither the City nor the Association shall be obligated to pay any insurance benefits providef! for under such policy directly to employees of their dependents or beneficiaries.

Article XVIII - Tool Maintenance: The City will provide a tool repair and maintenance allowance for the position of Golf Course Equipment Mechanic of five hundred dollars ($500.00) annually. The payments shall be made through the last payroll of each quarter (in September, December, March, and June) in the amount of one hundred twenty-five dollars ($125.00) each quarter. 12 126
Attachment 2
Aliicle XIX - Provision of Uniforms/Uniform Allov,ranceEquipment Reimbursement/Footwear: The City shall provide initial and replacement unifo1ms for employees in the classifications of Marine Safety Lieutenant and Marine Safety Officer. The provision of unifonns is to be made using the most approp1iate method as detennined by management. Employees shall be responsible for proper care and maintenance of unifonns. No replacement of a unifonn or any part thereof will be made unless the employee returns a similar unifonn aiiicle to his/her supervisor. The maximum value of unifonns provided each employee dming a fiscal year shall be two hundred forty dollars ($240.00).

Work Boots: Each fiscal year the City shall provide a yearly work boot allowance reimbursement of $175.00up to $250 (Effective 11/2/2021) increasing to $200.00 (Effective 7/1/2022) to employees assigned on a full time basis to sewer, water, facility maintenance, street maintenance, street painting, golf maintenance, pai·k maintenance and recreation maintenance, building and construction inspectors, electrical maintenance, park planning, plans examiners, code compliance officers, water quality inspectors, and the Environmental Services Coordinator, upon proof of purchase. In lieu of the boot a-llov,rance, theThe City will provide $225.00 per yea-r (Effective 11/2/2021) increasing to $250.00 (Effective 7/1/2022)up to $300 for steel toed safety boots when the division head in cooperation with the department head have detennined that employee(s) in that division must wear· steel toed boots for safety reasons.

Reimbursement shall be provided upon proof of purchase, up to the ainount actually spent by the employee.

Footwear: In lieu of work boots, employees in the following work areas may elect to purchase low-cut footwear that meets the necessary federal, state, and/or local safety requirements: water lab, park planning, plans examiners, code compliance officers, water quality inspectors, and enviromnental services.

Employees who feel that their work assignment requires them to have a second pair of work boots, where the cost of the second pair would exceed the maximum boot allowance, can request a second pair from their respective managers, who may authorize the additional pair of work boots to be fully paid at City expense. In approving the cost of the second pair of boots, consideration will be given to health and hygiene issues including, but not limited to the penneation of waste bi-products or elements into the boot material.

Marine Safety Equipment: Each fiscal year the City shall provide each Marine Safety Unit employee with a reimbursement of up to three-hundred dollars ($300) to procure necessary, job-related equipment such as polarized sunglasses, fins, binoculars, and sunscreen.

Reimbursement shall be provided upon proof of purchase, up to the amount actually spent by the employee.

Aliicle XX - Distribution of Paychecks: The City will ensure employees have access to their paychecks through the cmTent internal, online system via kiosks or other forms of computer accessibility. The City will also review new programs to ensure consistency and accuracy as well as availability
Aliicle XXI- Vacation and Sick Leave Accrual: All general employees represented by the SCCEA 13 127
receive vacation according to the following schedule:

Years of Service
0-4 Years
5-9 Years
10-15 Years
Annual Leave
13 working days (104 hours)
15 working days (120 hours)
20 working days (160 hours)
Attachment 2
Monthly Accrual

8.66 hours (full month)

10.00 hours (full month)

13.33 hours (full month)
16-20 Years*
20-25 Years*

20.5 working days (164 hours) 13.66 hours (full month)
25 Years and up*
21 working days (168 hours)
22 working days ( 176 hours)

14.00 hours (full month)

14.66 hours (full month)
*Must be continuous service (i.e., no break in service) to be eligible for the benefit.

During the term of this agreement, the City agrees that once each year in December, each employee will have the option of cashing in up to siJ(t)' (60)eighty (80) hours of vacation leave. To qualify, the employee must have a minimum of 100 hours of accrued vacation leave available after the vacation leave is paid.

Sick Leave: Employees shall receive sick leave at the rate of eight (8) hours per month, prorated for partial months of service. Employees hired after January 1, 2001 will no longer be eligible for the sick leave pay-off.

Atiicle XXII - Holidays: The twelve (12) eight (8) hour recognized paid City Holidays are:

New Year's Day
Martin Luther King Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
Day before or after Christmas Day
New Year's Eve Day
Holiday leave must be used in the calendar year provided and is not transfen-able to the next year or paid out upon leaving City employment. If a holiday falls on a dark Friday or weekend, the parties agree to discuss how the holiday will be administered. (ex. furlough coverage, etc.) 14 128
Attachment 2
Employees that are required to work on a holiday will receive time and one-half (1 ½) in premium overtime or compensatory time, at the employee's election, in addition to receiving eight (8) hours of straight pay. in addition to receiving an additional day off v,hich vlill be taken during the pay peiiod immediately preceding, the same pay period, or the pay 'period immediately follmving the holiday.

Employees that are not required to work on a holiday, when the holiday falls on their regularlyscheduled day off, will receive eight (8) hours of straight pay.

Floating Holidays: The City will provide sixteen (16) hours of floating holiday leave to employees. Employees will receive eight (8) hours of leave in January of each calendar year and the remaining eight (8) hours of leave in July. Employees hired after July 1 will receive eight (8) hours of floating holiday leave for the calendar year. Floating holiday leave must be used in the calendar year provided and is not transferrable to the next year or paid out upon leaving City employment. Floating holiday hours may be used in one (1) hour increments and golf employees may use floating holiday hours in one-half (1/2) hour increments.

Article XXIII - Work Schedules: The City has a 9/80 work program which results in City Hall being closed for one day every other week. All employees are assigned to that program with the exception of those who are in a job classification which require that services be rendered even when City Hall is closed. In that event, those employees remain on a 40-hour/5-day work cycle unless an alternative work schedule is submitted to and approved by the Department Head and City Manager. The City and Association agree that the decision regarding configuration of employee work schedules is solely vested with and totally discretionary by the Department Heads in accordance with the City personnel rules and regulations.

The City agrees to give employees fourteen (14) calendar days advance notice of a shift change whenever practicable.

Article XXIV - Lunch Break: The standard lunch period will be thirty (30) minutes. A sixty (60) minute lunch period will be the exception and must be approved by the Department Head. Paid rest breaks may not be used to augment or replace lunch periods.

Article XXV - Jury Duty: Employees shall be entitled to leave without loss of pay for any time he/she is required to perform jury duty. Such pay shall not be offset by jury duty fees or allowances paid to the employee, provided that the employee submits to the City a daily verification of his/her jury duty participation.

Article XXVI - Bilingual Pay: Employees selected and approved by management to provide bilingual services shall receive twenty dollars ($20.00) per pay-period, full pay-periods only. A minimum of three (3) employees are eligible for this pay, as long as they are approved by management.

Article XXVII - ICMA Mission Square Retirement Loan Program: The City agrees that employees enrolled in the ICMA Mission Square Retirement 457 Deferred Compensation Program can participate in ICMA's Mission Square Retirement's loan program.
15 129
Attachment 2
Article XXVIII - Fair Labor Standards Act: If any of the prov1s1ons of this Memorandum of Understanding, the Personnel Rules, or any other tenns or conditions of employment are inconsistent with the Fair Labor Standards Act, as it may apply to the City and its employees, the City and the Association agree to meet and confer in good faith pursuant to all rights and procedures established in City Resolution No. 56-70 and/or any amendment thereto, and Government Code Section 3500, et �seq., as to all impacted tenns of this agreement. Nothing herein shall preclude the City from necessary actions to comply with the Fair Labor Standards Act.

Aliicle XXIX - Work Furlough: The City and Association agree to the use of unpaid furlough days between Christmas and New Year's Day aside from approved holidays. The City will adjust the holiday schedule in order to have the least impact on the number of employee furlough days. At the employee's option, the employee may use vacation leave, the floating holiday, or compensatory time to be paid on the furlough days. Employees that are required to work the furlough will take the furlough days off during the pay-period immediately preceding, the same pay-pe1iod, or the pay-pe1iod immediately following the holiday.

Article XXX - Certificates: The City will pay the costs of testing and costs for the certificate that is required by the City, provided the employee successfully passes the appropriate tests, for an employee to obtain a certificate, including the class "A" or class "B" drivers license, that is required as part of his/her job.

Article XXXl-Association Membership:

A.

B.

Requests from employees represented by the Association to withdraw from Association membership and discontinue dues deductions to the Association shall be required to be submitted, in writing, to the President of the Association for processing through the Accounting Finance Division. The Association agrees to process such withdrawal notices within a five (5) working day period. The Association shall indemnify the City and any department of the City and hold it harmless against any and all claims, demands and suits or other forms of liability that may arise out of, or by reason of, the action taken by the City or any department of the City for the purpose of complying with the provisions of this Article.

The City agrees to include a one-page Association "Information Sheet" in the orientation packet for newly hired employees in positions represented by the Association. The City and the Association agree that the purpose of the "Infonnation Sheet" is to familiarize new employees with the operations and benefits of the Association. All infonnation contained on the "Information Sheet" shall be approved by the City Manager prior to implementation of this Article. Any subsequent changes in content or design of the "Information Sheet" shall be required to receive subsequent City Manager approval. All costs associated with preparing the "Information Sheet" shall be borne by the Association. The Association agrees to indemnify and hold the City harmless for any disputes between employees represented by the Association and the Association arising out of information contained in the "Information Sheet". 16 130
C.

D.

Attachment 2
Once annually, within thirty (30) days of written request from the Association, the City agrees to provide the Association with a listing of the names and addresses of employees in classifications represented by the Association. Names and addresses provided will reflect the most current data on file with the Human Resources Office as of the date the list is prepared. Prior to the preparation of the list each year, the Human Resources Office shall distribute a memo to each employee in a classification represented by the Association stating that the employee may request, in writing, that the Human Resources Office not provide their address to the Association. Receipt of such written request shall preclude the Human Resources Office from providing the employee's address to the Association until such time as the employee rescinds the request in writing.

As requested, the City shall provide the Association President with a notification of scheduled employee performance evaluations and merit increase due dates for employees in positions who are represented by the Association. If requested by the Association, the Human Resources Manager will meet with the President of the Association to address concerns regarding perfonnance evaluations/merit increases which have not been completed on or before the anniversary date. If Human Resources Manager and the Association President are unable to resolve the matter, the Association may meet with the City Manager to discuss the matter.

Article XX.XII - Labor Management Committee: The City and SCCEA agree to maintain a LaborManagement C01mnittee (LMC) items for the purpose of working collaboratively to enhance communications and to discuss workplace concerns, efficiencies, and proposed solutions and/or improvements. The LMC will meet up to four (4) times per year on a quarterly basis provided there are agenda for discussion. Representation by Management will include the Human Resources Manager and the City Manager, or their designee. SCCEA representation will be selected by their Board and include up to five (5) of their members.

Article XX.XIII - Management Rights/Conclusion: It is hereby understood that the meet and confer process for all purposes has been completed for the term of this Memorandum of Understanding as signed by the parties and ratified by the City Council, and that any terms not specifically included within this Memorandum of Understanding are management prerogatives of the City; provided, however, that is expressly understood that nothing in this article shall apply to contracting out. The Association and City agree to meet and confer as to any aspects of contracting out during the term of this agreement, upon the request of either party, to the extent such are within the scope of representation.

Except as expressively provided herein, each of the parties hereto agrees that it has had a full, unrestricted right to make, advance, and discuss all matters properly within the scope of meet and confer in accordance with state law and local ordinances and regulations. During the term of this Memorandum of Understanding, the parties expressly waive and relinquish the right to meet and confer as provided by state law and local ordinances and regulations and agreed that they shall not be obligated to meet and confer except by their mutual consent with respect to any subject or matter, whether referred to or covered by this Memorandum of Understanding or not, even though such subject or matter may not have been within the knowledge or contemplation of either or both the City or the Association at the 17 131
Attachment 2
time they met and conferred or executed this Memorandum of Understanding, and even though subjects or matters were proposed and later withdrawn. The parties further understand and agree that this Memorandum of Understanding constitutes the sole agreement between the City and the Association in regard to matters of wages, hours, and other terms and conditions of employment.

Article XXXIV - Severability: In the event that any provision of this Memorandum of Understanding is declared by a comi of competent jurisdiction to be illegal or unenforceable, that provision of the Memorandum of Understanding shall be null and void, but such nullification shall not affect any other provision of the Memorandum of Understanding, all of which other provisions shall remain in full force and effect.

Article XXXV - Disciplinary Hearings: In the event that disciplinary action imposed by the City upon an employee represented by the Association involves a suspension, demotion, or discharge, the Association may request that the matter be submitted to an advisory hearing officer by notifying the City of this request in writing within five (5) calendar days after receiving notice of the disciplinary action. Upon receipt of such notification, the City shall request from an independent third party a list of seven (7) hearing officers experienced in deciding public employee disciplinary matters. A hearing officer shall be selected by the City and the Association on behalf of the employee by alternate striking until one name remains, with the first strike to be detennined by lot. All costs and expenses of the advisory hearing officer shall be borne equally by the patties (i.e., the City and the Association). After receiving and considering evidence in accordance with the rules and regulations of the City related to discipline, the hearing officer shall render a recommended decision, including findings of fact, to the City Manager who may affinn, reject, or modify, but not increase, the level of discipline imposed.

Nothing in this article shall prevent the two parties from mutually agreeing to the advisory hearing officer, without going through any type of strike list.

Article XXXVI Classification and Compensation Study: The City will commence a classification and compensation study in year two (2) (July 1, 2022 to June 30, 2023) of this agreement, with implementation to occur in year tl1ree (3) (July 1, 2023 to June 30, 2024) of this agreement at the discretion of the City Council.

Article XXXVI - Shift Trades:

City agrees to allow employees to trade work shifts, subject to the provisions of the Fair Labor Standards Act (FLSA) including 29 U.S.C. Section 207(p)(3) and 29 C.F.R. Section 553.31. Trades shall be li1nited to the voluntary exchange of scheduled work shifts, time for time, between two employees of the same classification. Shift trades will be allowed within the pay period only. For purposes of overtime, time worked as part of a shift trade is not counted as hours worked in a work week.

Employees shall submit proposed shift trades in writing in a timely manner. Approval of trades will be subject to the sole discretion of the Department director or his/her designee, with consideration of impact on operations. Approval or denial of a proposed shift trade shall be provided as soon as practicable and shall also be in writing.
18 132
Attachment 2
Once a trade has been approved, the employee who accepts the trade assumes the responsibility for completing the assigned shift. Trades are shictly between two employees and are not the responsibility of the City. The City is not responsible for tracking trades. If either employee is unable to complete their scheduled shift, they shall follow all appropriate call-in and reporting policies and procedures.

Article XXXVII - Flexible Staffing:

As set forth in Personnel Rule 2.12, "flexible staffing" is the non-competitive promotion of an employee from certain designated classifications in a classification series to certain higher-level classifications in the same classification series. An employee promoted to a flexibly-staffed position shall serve a promotional probationary period in accordance with the Personnel Rules.

The following positions are flexibly staffed:

Accountant/Senior Accountant
Accounting Specialist I/II/Senior Accounting Specialist Assistant Engineer/ Associate Civil Engineer/Senior Civil Engineer Building Inspector I/II/Senior Building Inspector
Code Compliance Teclmician/Code Compliance Officer/Senior Code Compliance Officer
Collections Systems Operator /I/II/Lead Operator
Construction Inspector/Senior Construction Inspector
Customer Service Specialist I/II/Senior Customer Service Specialist Dishibution Operator I/II/ Lead Operator
Elechical Instrumentation Technician I/II/Lead Elechical Instrumentation Teclmician Engineering Technician/Senior Engineering Technician
Electrician I/ II/Electrical Coordinator
Facilities Maintenance Technician/Facilities Maintenance Specialist I/II/Senior Facilities Maintenance Specialist/Facilities Maintenance Coordinator Golf Course Groundskeeper I/II
Golf Course Maintenance Worker/Maintenance Leadworker
Human Resources Specialist/Human Resources Analyst I/II Infonnation Technology Analyst I/II/Senior Infonnation Technology Analyst Maintenance Worker I/II/Maintenance Leadworker
Management Analyst I/II/Senior Management Analyst
Office Specialist I/II/Senior Office Specialist
Pennit Teclmician/Senior Permit Teclmician
Planning Teclmician/ Assistant Planner/ Associate Planner I/II/Lead Project Planner/Senior Planner
Plans Examiner I/II/Senior Plans Exaininer
Senior Park Ranger/Park Ranger Supervisor
Utility Billing Specialist I/II/Senior Utility Billing Specialist Utilities Mechanic /I/II
Except as set forth above, all provisions of the Personnel Rules governing flexible staffing, and all existing practices not modified herein, shall remain in full force and effect. 19 133
Attachment 2
Article XXXVIII - Reopener: The parties agree to reopen the MOU annually to discuss issues of mutual interest, including updates and revisions to the Personnel Rules.

Article XXXIX¥m - Adoption: The tenns of thisis Memorandum of Understanding shall commence upon adoption by the City Council, unless otherwise specified herein, and shall remain in effect through June 30, W242028. This Memorandum of Understanding shall be implemented by appropriate action of the City Council.
20 134
Attachment 2
Executed this __ tlIB day of AugustNovember 202±1-.

City of San Clemente: San Clemente City Employees' Association:

Victor Cabral, Mayor Kade Boisseranc, President
Andy Hall, City Manager Carrie Brill, Negotiations Team Brian Brower, Administrative Services Director Dan Lowrie, Negotiations Team Johanne Thordahl, Human Resources Manager Ian Burton, Negotiations Team Jake Rahn, Finance Manager Jose Padilla, Negotiations Team Nicholas Praytor, Negotiations Team
Meredith Scott, Negotiations Team
Tia Grasso, OCEA Counsel/Chief Negotiator
21 135
ATTACHMENT 3
RESOLUTION NO. 24-128

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, ADOPTING A

REVISED SALARY SCHEDULE WHICH INCLUDES

IMPLEMENTATION OF EXECUTIVE LEVEL SALARY
INCREASES AND AMENDING RESOLUTION NO. 24-
94 AND ANY OTHER RESOLUTIONS IN CONFLICT

THEREWITH
WHEREAS, Section 37206 of the Government Code requires the City Council to prescribe the time and method of paying salaries and wages of officers and employees of the City; and
WHEREAS, the City Council is authorized and directed under the provisions of its adopted Personnel Rules and Regulations to prepare the compensation schedules covering all classes of positions in the competitive service; and WHEREAS, the City has compiled the salary schedule to comply with California Public Employers’ Retirement System (CalPERS) requirements for Publicly Available Pay Schedules; and
WHEREAS, the City has completed negotiations with the San Clemente City Employees Association and wishes to adopt a revised salary schedule for City of San Clemente full-time benefited employees; and
WHEREAS, in accordance with Government Code section 54953(c)(1), on August 20, 2024, during its regular open meeting and prior to taking final action, the City Council orally reported a summary of the recommendation for a final action on the salaries, salary schedules and compensation to be paid in the form of fringe benefits to local agency executives.

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

Section 1. The foregoing recitals are true and correct and incorporated fully herein.

Section 2. The amended and restated Benefited Employees Salary Schedule attached hereto as Exhibit A and fully incorporated herein by this reference is hereby approved effective September 2, 2024.

Section 3. Any resolutions in conflict with the provisions of this resolution are hereby amended to be consistent with the provisions hereof.

Section 4. City staff is authorized and directed to take such other and further actions and execute such additional documents as may be necessary and proper to carry out the purposes of this resolution.
136
Resolution No. 24-128 Page 2
Section 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into 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

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. 24-128 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
137
City of San Clemente (C) Confidential
Salary Schedule - Benefited Positions (E) Executive

2.5% Between Ranges, 5.0% Between Steps (M) Mid-Management Adopted 8/20/24; Effective 9/2/24 (NC) Non-Confidential Revision Date: 8/20/24
Range Pay Entry Maximum
Number Title Period Step A Step B Step C Step D Step E
20 Golf Course Groundskeeper I Hourly $17.98 $18.88 $19.83 $20.82 $21.86 Monthly $3,116.94 $3,272.79 $3,436.43 $3,608.25 $3,788.66 21 Hourly $18.42 $19.34 $20.31 $21.32 $22.39
Monthly $3,192.96 $3,352.61 $3,520.24 $3,696.25 $3,881.07 22 Hourly $18.88 $19.83 $20.82 $21.86 $22.95
Monthly $3,272.79 $3,436.43 $3,608.25 $3,788.66 $3,978.09 23 Hourly $19.34 $20.31 $21.32 $22.39 $23.51
Monthly $3,352.61 $3,520.24 $3,696.25 $3,881.07 $4,075.12 24 Golf Course Groundskeeper II Hourly $19.83 $20.82 $21.86 $22.95 $24.10 Monthly $3,436.43 $3,608.25 $3,788.66 $3,978.09 $4,177.00 25 Hourly $20.31 $21.32 $22.39 $23.51 $24.69
Monthly $3,520.24 $3,696.25 $3,881.07 $4,075.12 $4,278.87 26 Hourly $20.82 $21.86 $22.95 $24.10 $25.30
Monthly $3,608.25 $3,788.66 $3,978.09 $4,177.00 $4,385.85 27 Hourly $21.32 $22.39 $23.51 $24.69 $25.92
Monthly $3,696.25 $3,881.07 $4,075.12 $4,278.87 $4,492.82 28 Hourly $21.86 $22.95 $24.10 $25.30 $26.57
Monthly $3,788.66 $3,978.09 $4,177.00 $4,385.85 $4,605.14 29 Customer Service Specialist I Hourly $22.39 $23.51 $24.69 $25.92 $27.22 Office Specialist I Monthly $3,881.07 $4,075.12 $4,278.87 $4,492.82 $4,717.46 30 Hourly $22.95 $24.10 $25.30 $26.57 $27.90
Monthly $3,978.09 $4,177.00 $4,385.85 $4,605.14 $4,835.40 31 Hourly $23.51 $24.69 $25.92 $27.22 $28.58
Monthly $4,075.12 $4,278.87 $4,492.82 $4,717.46 $4,953.33 32 Hourly $24.10 $25.30 $26.57 $27.90 $29.29
Monthly $4,177.00 $4,385.85 $4,605.14 $4,835.40 $5,077.17 33 Recreation Specialist Hourly $24.69 $25.92 $27.22 $28.58 $30.01 Senior Park Ranger Monthly $4,278.87 $4,492.82 $4,717.46 $4,953.33 $5,201.00 34 Hourly $25.30 $26.57 $27.90 $29.29 $30.76
Monthly $4,385.85 $4,605.14 $4,835.40 $5,077.17 $5,331.02