I. Introduction

Provide a brief summary of the City’s proposed micro-community / safe ground project at Arena Boulevard and El Centro Road (APN 225-0310-018-000). State the core legal question: whether the City is complying with applicable voter mandates, municipal code authority, CEQA obligations, zoning constraints, floodplain requirements, and procedural due process prior to advancing the project.

II. Factual Background

• A. Measure O (2022) Intent, scope, funding/accountability language, and what outcomes were contemplated.
• B. Ordinance / Municipal Code Authority Ordinance 2023-00995 Temporary Shelter Program authority and how the City is applying it to this project.
• C. Project Description Unit count, foundations, utilities, operations model, duration statements, and any “not emergency shelter” language.
• D. Program Criteria Eligibility, referral intake, resident rules, fee structure, and how those terms affect tenancy/rights.

III. CEQA Compliance Analysis

Identify whether the City has completed an Initial Study, adopted an exemption, or is preparing an MND/EIR. If the City claims an exemption, specify the exemption and explain why it does or does not apply.

• A. CEQA trigger Is this discretionary approval? What is the “project” under CEQA? What approvals are being relied upon?
• B. Floodplain / environmental constraints Confirm FEMA status and whether floodplain development and evacuation requirements apply.
• C. Drainage / access / utilities Address drainage ditches, access slope, emergency access, ADA, and stormwater design impacts.

IV. Zoning and Land Use Authority

• A. Zoning designation State current zoning and permissible uses, and whether this use is ministerial or discretionary.
• B. Required approvals Conditional use permit, site plan review, Planning Commission involvement, or variances (if applicable).
• C. Consistency General Plan consistency, specific plan overlays, and consistency with adopted shelter policies.

V. Due Process and Procedural Concerns

Document notice, meeting dates, agenda actions, and whether the public has been provided a meaningful opportunity to review and respond before irreversible commitments are made.

• A. Public notice Was notice adequate and timely? Were affected residents properly informed?
• B. Brown Act / transparency Confirm whether deliberations and decisions were conducted in open session with proper posting and records.
• C. Council vote vs administrative action Identify which decisions require Council action and which are being done administratively.

VI. Fiscal and Tenancy Implications

• A. Fee structure Analyze whether “30% income” functions as rent and what legal relationship is created.
• B. Tenancy rights Eviction procedures, due process for removal, and any implied tenancy / housing status.

VII. Geotechnical and Site Suitability

Summarize technical constraints relevant to long-term viability: fill, cemented soils affecting drainage, groundwater depth variability, stormwater infiltration limits, and any construction risks that should be disclosed in the public record.

VIII. Potential Claims and Legal Theories

• 1. CEQA noncomplianceFailure to complete required review or improper exemption.
• 2. Ultra vires / exceeded authorityUse of “temporary shelter” authority for permanent land use outcomes.
• 3. Zoning inconsistencyUse not permitted or approvals not obtained.
• 4. Procedural due processInadequate notice, hearing, or public record.
• 5. Floodplain / safety omissionsFailure to address FEMA, evacuation, drainage, and emergency access.

IX. Remedies

• Injunctive reliefTRO / preliminary injunction to pause activity pending compliance.
• Writ of mandateCompel lawful process and compliance with CEQA/zoning.
• Declaratory reliefClarify scope of authority and required approvals.
• Brown Act remediesChallenge actions taken without proper transparency (if applicable).

X. Conclusion and Next Steps

Close with a concise statement of why clarification is required before irreversible development proceeds. Include an evidence checklist and recommended records requests.