2/28/2024
1 Ordinance Permitting the
Recovery of Attorney’s Fees by
the Prevailing Party to a
Nuisance Abatement Action
FEBRUARY 27, 2024
Background
California Government Code Section 38773.5(b) authorizes cities to adopt an ordinance to provide for the recovery of attorneys’ fees in any action, administrative proceeding, or special proceeding to abate a nuisance.
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2 California Government Code
38773.5(b)
A city may, by ordinance, provide for the recovery of attorneys’ fees in any action, administrative proceeding, or special proceeding to abate a nuisance. If the ordinance provides for the recovery of attorneys’ fees, it shall provide for recovery of attorneys’ fees by the prevailing party, rather than limiting recovery of attorneys’ fees to the city if it prevails. The ordinance may limit recovery of attorneys’ fees by the prevailing party to those individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys’ fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the city in the action or proceeding.
Current Status Of Municipal Code
• Provides for recovery of city inspection and
enforcement costs to abate nuisances.
• Does NOT specifically authorize recovery of attorneys’ fees by the prevailing party.
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3 Proposed Ordinance
Key provisions of proposed ordinance:
1. Authorizes the prevailing party to a nuisance
abatement action to recover its attorneys’ fees.
2. Recovery of fees authorized only if City elects to
seek recovery of its attorneys’ fees.
3. Any award of attorneys’ fees is limited to the
amount of reasonable attorneys’ fees incurred by
the city in the proceeding.
4. Clarifies that City is the “prevailing party” if City enforcement efforts are the catalyst to compliance.
Recommendations
1. Read in title only, further reading be
waived, and if no objection, introduce
ordinance permitting the recovery of
attorneys’ fees by the prevailing party
to a nuisance abatement action or
proceeding.
2. Find that this action is not a project
under the California Environmental
Quality Act.
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2/28/2024
1 Electronic Campaign
Statements & Fair Political
Practices Commission Filings
FEBRUARY 27, 2024
Background
Political Reform Act of 1974 (PRA) –
disclosure of political campaign contributions and
spending by candidate committees
Fair Political Practices Commission (FPPC) –
implementation and enforcement of the PRA disclosure
filings
City Clerk – partner of FPPC as the local filing officer 2 3
2/28/2024
2 Current Process
Only paper campaign disclosure statements accepted
• Physical signature required
• Hand delivery or USPS mail required by deadline
• Manually scan paper to post on public portal
Regulations
Government Code Section 84615 allows local
government agencies to permit electronic FPPC
campaign statement filings with adoption of an
ordinance with findings that the system will :
1. Operate securely and effectively
2. Be at no cost to filers
3. Be available to the public to view filings
4. Will not unduly burden filers
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2/28/2024
3 Regulations Continued
FPPC Regulation 18104 allows “secure electronic
signatures” for filings if the local agency allows:
1. Digital Signature submitted via official agency email address; comply with numerous free software options (Digital
Signatures must meet strict criteria as defined by the
Secretary of State & California Code of Regulations)
OR
2. Signature submitted via valid electronic filing system (similar to the current Form 700 filing system)
2024 & Future Process
2024:
• Digital signature; submitted to official City Clerk email address • No scanning required; upload directly to public portal • Paper filings still allowed
Future:
• Electronic filing via electronic filing system
• System offers integrated public portal
Benefits:
• Easier coordination between candidates and treasurers • Easier to meet deadlines
• Potentially better accuracy
• Easier/quicker review, processing, and public posting 6 7
2/28/2024
4 Recommendations
1. Read in title only, further reading be
waived, and if no objection, introduce
ordinance to allow electronic
campaign disclosure statements and
other FPPC filings.
2. Find that this action is not a project
under the California Environmental
Quality Act.
8 2024Citywide Paving ProgramFebruary 27, 2024City Council Department ReportJorge Muñoz, Senior EngineerNader Heydari, Deputy Director 1 2
Street Preservation StrategiesRelative CostService Life (Years)Pavement Rehab SolutionLow5-8 yearsREAS Slurry SealLow5-7 yearsMicrosurfacingMedium10-12 yearsThin OverlayHigh15-20 years Overlay Slurry Seal (REAS)
3 4
Slurry Seal (REAS)
AFTERBEFORE
Microsurfacing
HILLCREST DRIVE
5 6
Thin Overlay
Overlay
HILLCREST DRIVE
7 8
Striping EnhancementsStriping ModificationsStreet NameTraffic Calming Measures and Class III Bike LaneWestlake Boulevard (N. of Arboles)Traffic Calming Measures and Bike Lane Widening Via MeridaTraffic Calming Measures and Bike Shared Lane MarkingHodencamp Road / Yorkshire AvenueBike Shared Lane MarkingsSkyline DriveTraffic Calming Measures and Bike Lane Widening Pederson RoadPedestrian Crossing Enhancements & Bike Shared Lane MarkingReino RoadTraffic Calming Measures and Class III Bike LaneSunset Hills Blvd.
MI 2610 Slurry Seal ProjectCI 5594/95 Overlay & Curb RampsBid AmountLocationLow Bidder$13,183,597Brea, CASully Miller5 Bids Received (between $13.1M and $18.8M)Bid AmountLocationLow Bidder$2,777,218Carlsbad, CAPMI2 Bids were received (between $2.7M and $2.9M) 9 10
Total 2024Pavement Program Costs $ 17,263,415Overlay & Slurry Construction Costs & Contingency$ 1,617,331 Design, Testing, & Survey Monument Preservation$18,880,746 Total 2024 Pavement Program Cost = Total Available Budget Sources$ 2,329,480 Developer Fees (Fund 539 & 561)$ 15,695,650Gas Tax Funds (various including SB1)$ 172,616CalRecycle Grant (Fund 183)$ 140,000Transportation (Fund 651)$ 543,000Water & WW Funds (Including TCSD + Calleguas)$ 18,880,746 Total Available Budget 11 12 •Project Branding and Logo•Press Releases•Letters to HOA’s and Residents•Weekly Updates: Web & Social Media•Project Signs and Message Boards•Social MediaPublicOutreach Strategies www.toaks.co/paving
Project ScheduleDesign, Bid & AwardSpring 2023 – February 2024ConstructionMarch 2024 – October 202413 14 Questions?
$0.0$2.0$4.0$6.0$8.0$10.0$12.0MillionsPavement Maintenance NeedsT en-Y ear Street Improvements Revenue History and Budget Projections Gen Fund
SB1/RRAA
Other
Federal
TDA
Gas TaxNeeds$3.5 M/Year$4.5 M/Year$6.5 M/Year$8.0 M/Year15 16 Thin Residential OverlayAFTERBEFORE
Avenida de las Plantas - Before Avenida de las Plantas - After OverlayAFTERBEFORE
Moorpark Road - Before Moorpark Road - After
17 18
Total Program Cost & Budget Comparison$15,517,846Overlay Program (CI 5594/5595) - COSTS$ 3,362,900Slurry Program (MI 2610) - COSTS$18,880,746TOTAL 2024 PROGRAM COST$18,880,746TOTAL AVAILABNLE BUDGET19